Q&A (Fatwa)

#70. THE RULING OF THE ONE WHO FORGETS TO OBSERVE THE GHUSL AND HAVE BEEN OBSERVING SALAAT FOR DAYS*

“Assalamu Alaikum

A guy sleeps, wakes up for Fajr prayers and goes back to sleep. He then wakes up in the morning with a wet dream, it so happens to be a Sunday so he decides to bath after washing his clothings. Unfortunately he forgets about the Ritual Bath and does only the normal usual bath. On Wednesday around 8am he remembers that he didn’t perform the ritual bath but have been praying for the past 3days and even led some people in prayers during this period.

  • So now what is the ruling on such a person?
  • Does he have to pay for all the prayers he performed during that period?
  • And what about the prayers of the individuals he led, will Allah accept their prayers?”

    ANSWER

    Alhamdulillaah!

    The position taken by majority of the Fuqahaa on this matter is that it remains obligatory upon you to compensate for all of those Salaat performed within that period, and in the order with which you they came. This is because of the Qaa’idah with them (the Fuqahaa) that says:

    Any component that is a Shart (condition) for the wholeness of an Ibaadah is not lifted by virtue of ignorance or forgetfulness”

    The Hanbali Imaam Ar-Ruhaybaani – rahimahullaah – said:

    “And the binding obligation of the Shurut cannot be relieved off by what was done intentionally, by forgetfulness or by ignorance…”

    Ref: *Mataalibu Uli An-Nuhaa*

    This position is also the verdict in the Maaliki and Shaafi’i literatures.

    Shaykhu Al-Islaam Ibn Taymiyyah – rahimahullaah – differed with them on this saying:

    “On this matter are two verdicts both of which are narrated from Ahmad. In similar is the one who touches his penis and observes the Salaat before it becomes clear to him that it were obligatory to make Wudhu after touching the penis. And the correct position in all of that is that to repeat them is not obligatory because Allah has overlooked those things committed by virtue of mistakes and forgetfulness.”

    Ref: *Majmu’atu Al-Fataawa*

    The position held by Imaam Ibn Taymiyyah is stronger considering the evidences. And Allah knows best

    As for *the ruling of the Salaat of the followers that observed the Salaat behind such a person*, then it is like Ibn Al-Qaasim – rahimahullaah – said in the Haashiya on the Rawd:

    “So if he is oblivious of that (I.e. the absence of his tahaarah), meaning the Imaam, and the Ma’mum (follower) is ignorant of it until the end (of the Salaat), then only the Salaat of the followers are sound and accepted. And if the Imaam and/or the follower get to realize or remember that during the Salaat, they (the Ulamaa) differed here. From Ahmad it is narrated that his verdict says: I prefer that they repeat the Salaat. And another verdict: the follower (Ma’mun) should just continue alone from where he stopped off with the Imaam. This is in agreement with the verdict of Maalik and Ash-Shaafi’i…”

    Therefore, the Salaat of those that prayed behind him is very okay.

    Lastly, we should draw your attention to the importance of hastening the Ghusl once there is cause for observing it. The Sunnah of the Rasul – salallaahu alayhi wasallam – is not to delay it.

    There are numerous Ahaadith, though weak that mentions that the Angels do not visit a house in which there is someone with Janaabah. For this reason, the Ulamaa would encourage that we hasten to take the ghusl. And for the fact that it becomes easy to forget to do it thereafter.

    Allaahu A’alam
    Baarakallaahu feekum
    Jazaakumullaahi khayran

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