What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.
What is the ruling on having an intention (Niyyah) for every prayer?
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
Intention (Niyyah) is a pillar (Rukn) without which the prayer is not valid. The worshiper must have an intention for every prayer, meaning they must consciously intend the act of worship they are performing. Its timing must coincide with the opening Takbir (Takbirat al-Ihram). It is not a requirement to utter it verbally; rather, doing so is considered a recommended Sunnah. There are three levels of intention:
1-If the prayer is obligatory (Fard): It is mandatory to include the Intent (to pray), the Specification (which prayer, e.g., 'Asr), and the Obligation (recognizing it as a Fard). For example, one should bring to mind or say: 'I intend to pray the Fard of 'Asr.'
2-If it is a voluntary prayer restricted by a specific time or cause (Sunnah Muqayyadah): It is mandatory to include the Intent and the Specification. For example: 'I intend to pray the Sunnah before Zuhr' or 'I intend to pray Duha.'
3-If it is an absolute voluntary prayer (Nafl Mutlaq): It is sufficient to simply have the Intent to pray. For example: 'I intend to pray.'
And Allah the Exalted knows best.
Is it permissible for women to attend Tarawih prayer in the mosque?
Yes, it is permissible for women to attend Tarawih prayer in the mosque, provided they observe modesty, proper covering, and avoid mixing with men.
The Prophet ﷺ said: "Do not prevent the female servants of Allah from the mosques of Allah." [Bukhari and Muslim]
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.
