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Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day
Author : The General Iftaa' Department
Date Added : 14-07-2015

Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day

When the E`ed occurs on a Friday, the Friday prayer remains obligatory because the E`ed prayer is a confirmed Sunna; whereas, the Friday prayer is an individual duty. Sunnah doesn`t invalidate an obligation, nor suffices for it. This is indicated by the following verse (What means): "O ye who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the Remembrance of God, and leave off business (and traffic): That is best for you if ye but knew!" [Al-Jum`ah/9].

 

At the time of the Prophet (PBUH), E`ed occurred on a Friday, so he performed the E`ed prayer as well as the Friday prayer and delivered both sermons, and this is very famous in the books of Sunnah and the traditions. In addition, this is the opinion of the majority of the Muslim scholars: The Hanafites, The Malikites, The Shafites and in one narration of the Hanbalites.

 

He (PBUH) permitted the people from the outskirts not to attend the Friday prayer that day and instead offer the Zuhr prayer in their neighborhoods. The Prophet (PBUH) said: Two festivals (E'ed and Friday) have synchronized on this day. If anyone does not want to offer the Friday prayer, the E'ed prayer is sufficient for him. But we shall offer the Friday prayer." [Abu Dawood].

 

The majority of the Hanafite, Malikite and Shafite jurists said that the aforementioned Hadith applies to those who came from the outskirts of Medina in order to offer the E`ed prayer in the Prophet`s Mosque, and they aren`t obliged to offer the Friday prayer in principle, because they live in the outskirts of cities, far from populated areas. If they waited to offer the Friday prayer after having performed the E`ed prayer, they will face hardship and they will face the same hardship if they went home and returned to offer the Friday prayer, and this is why the Prophet(PBUH) permitted them not to attend the Friday prayer.

 

Therefore, it is more prudent to observe both prayers on that day, and as regards the opinion of some Hanbalite jurists states that whoever prays the E`ed prayer isn`t obliged to pray the Friday prayer, and should pray the Zuhr prayer instead, it contradicts prudence and acquittal.

 

As regards the opinion which states that praying the E`ed prayer invalidates the Zuhr prayer, this has never been stated by any of the four schools of jurisprudence and contradicts the provisions of Sharia which make offering five prayers for each day and night obligatory. Therefore, it is impermissible to apply this opinion, imitate it, or issue rulings based on it. Moreover, some narrations, related to some companions, state that the E`ed prayer makes the Friday prayer not obligatory if they happened on the same day, aren`t to be taken into consideration.

 

Finally, there is no room for dispute and  argument since Muslims are about to receive the Feast of Al-Fitr, rather, a Muslim should adhere to matters whose meanings are established, leave matters whose meanings are allegorical and follow the established opinions of the four juristic schools. And Allah Knows Best.

 

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Summarized Fatawaa

What is the ruling on performing voluntary (nafl) prayer during the time of istiwā' (the sun's zenith) on the day of Jumu‘ah (Friday), and is this ruling specific to someone who has come to the mosque to perform the Jumu‘ah prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible to perform voluntary (nafl) prayer during the time of istiwā' (the sun's zenith, i.e., its highest point before noon) on the day of Jumu‘ah (Friday) — whether for someone who is attending the Friday prayer or someone who is not, and whether they are among the people obligated to attend it or not.
It is stated in Mughnī al-Muḥtāj (Vol.1/P.310): "The more correct position (al-aṣaḥḥ) is that prayer is permissible during this time without restriction — regardless of whether the person will be attending the Jumu‘ah prayer or not." And Allah, the Exalted, knows best.

What is the ruling on a second congregation [being formed] in the mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is disliked to deliberately seek to establish a second congregation in a mosque that is not one frequented by transient passersby — such as a neighborhood mosque with a regular, appointed imam — unless permission is granted by that imam, since doing so implies criticism and an affront to him. However, if the mosque is one frequented by transient passersby — such as mosques located in marketplaces — then a second or even third congregation is permissible there, whether or not it has a regular, appointed imam, and whether or not that imam gives his permission. This is because such mosques experience a continuous flow of people coming and going, so no implication of criticism toward the imam is perceived in the formation of multiple congregations in that setting. And Allah, the Exalted, knows best.

What is the ruling on performing Tahajjud after the Witr?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.
 
Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."

 

 

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

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