#481: Observing Nāfilah after Salātu as-Subh
QUESTION
” Assalam alaikum. QUESTION:PLS, CAN SOMEONE OBSERVE TWO RAKAH NAFIR MEANT TO BE OBSERVED BEFORE SALATUL-FAJR AFTER SALATUL-FAJR WHEN MISSED?”
ANSWER
Wa alaykum Salām Warahmatullāh Wabarakātuh.
Alhamdulillāh.
Observing Nāfilah after Salātu As-Subh by choice is not acceptable by the consensus of the Ulamā, this is because of the narration that was recorded by both Imām Al-Bukhārī and Imām Muslim from ‘Abdillah Ibn ‘Abbas – radiyallahu ‘anhumā – that he said:
“People upon whom the Pleasure (of Allāh) has been confirmed testified to me – and the most pleased with among them to me is ‘Umar – that the Prophet – salallāhu alayhi wasallam – forbade from observing any Salāt after Subh until the rising of the sun, and after ‘Asr until it sets.”
Imām Ibn Hajar – rahimahullāh – said:
“An-Nawawī said: the generality of the Ummah has formed a consensus on the dislike of observing a Salāt that does not have a reason at any of the times where observing Salāt has been forbidden. But they have agreed also that it is permissible to observe the Obligatory ones that are made at that period and then differed on the Nawāfil that had a.Cause such as the Salāt of Tahiyyatu Al-Masjid, the Sujūd ofnTilāwah, the Prayer of Shukr, Īd, Kasūf, Al-Janāzah and the paying back of the missed obligatory Salāt. Ash-Shāfi’ī, and some others posited that all of those are permissible without s dislike. Abū Hanīfah and others mentioned that all of those are included in the general ruling of forbiddance. Ash-Shāfi’ī made as evidence the fact that the Rasūl – salallāhu alayhi wasallam observed the Sunnah of Dhuhr after ‘Asr. This is clear evidence of observing payback for the missed Sunnah'”
Ibn Hajar said:
“What he (An-Nawawī) mentioned as to have been a general consensus is lacking for some of the Salaf have held a position unrestricted in permissibility, holding that the Ahādith containing the forbiddance are abrogated. This is the position held by Dāwud and other than him among the Dhāhiris and the obstinate position of Ibn Hazm…”
The stronger position, and Allāh knows best is that favoured by Ash-Shāfi’ī – rahimahullāh – that any of the Nawāfil that have a reason and cause are permissible during those stated times.
As for your question to be precise, there are two opinions even among the Ulamā that hold the same position as Ash-Shāfi’ī, which is on whether the missed raka’āt before Fajr can be observed after fajr.
Some of them mentioned that it were permissible, others maintained that he must await the time of Duhā to observe them as a compensation.
The stronger of the two positions is that he may observe it at that time.
This is due to what has been authentically recorded by Imām Ash-Shāfi’ī, At-Tirmidhī, Abū Dāwud, Ibn Mājah and Al-Bayhaqī from Qays Ibn ‘Umar that he said:
“The Messenger of Allāh – salallāhu alayhi wasallam – once saw me observing the two raka’āt of Fajr after Salātu Al-Fajr then he said: ‘what are these two raka’āt after the Subh O Qays?’ I said: I did not observe the two Raka’āt of Fajr. They are these two. The Prophet – salallāhu alayhi wasallam then kept silent.”
The Ulamā said: his silence implies acceptance.
The Hanafīs and others held that it remains forbidden. Their evidence is the Hadīth of Abū Hurayrah – radiyallāhu ‘anhu – where the Rasūl – salallāhu alayhi wasallam – said:
“Whosoever did not observe the raka’atayn of Fajr should observe them both after the rising of the sun”
And because ‘Abdullah Ibn ‘Umar – radiyallāhu ‘anhuma – used to make it up after the rising of the sun and the setting in of the time of Duhā.
This Hadīth is recorded by At-Tirmidhī.
The Ulamā of Hadīth differed about the authenticity of both Hadīth and upon their difference lies the difference of position. The position favoured by some of the Hanbalis is the middling one: that though it is permissible to make up for it after the Fajr, it is better to delay it till the time of Duha. This is because of the Fiqh Precept that says: الخروج من الخلاف مستحب
“To take a position that takes out of the differences of the Ulamā is recommended”
This is what was favoured by Ibn Qudāmah in Al-Mughnī.
Though this position is sound due to the Precept mentioned above, the permissibility of making it up after the Subh is stronger after taking a thorough look at the evidences that support it.
Bārakallāhu fīkum
Jazākumullāhu Khayran.
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