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Resolutions of Iftaa' Board

Resolution No.(137): "Ruling on Praying in the Mosque Sitting on a Chair"

Date Added : 27-10-2015

Resolution No.(137),(2/2010):

"Ruling on Praying in the Mosque Sitting on a Chair"

Date: 25/3/1431 AH, corresponding to 11/3/2010 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
During its first session held on the above given date, the Board reviewed the following question:
What is the ruling of Sharia on praying in the mosque while sitting on a chair and the harm that could result from that on other prayer performers?
After thorough studying and deliberating, the Board decided what follows:
Prayer is one of the pillars of Islam and Allah has commanded Muslims to guard it. He Says (what means): "Guard strictly your (habit of) prayers, especially the Middle Prayer; and stand before God in a devout (frame of mind)." {Al-Baqarah/238}. 
Guarding prayer means that a Muslim is obliged to observe all its pillars and conditions such as standing, bowing down (Ruku`) and prostrating (Sujood). Muslim scholars have agreed that standing, for the person who is able to do it, is a pillar in obligatory prayer, and not observing it renders his prayer invalid. Therefore, one who offers obligatory prayer sitting on a chair while he is able to stand, his prayer is considered invalid.
However, Allah The Almighty Has Imposed no difficulties on His slaves. He says (what means): "And strive in His cause as ye ought to strive, (with sincerity and under discipline). He has chosen you, and has imposed no difficulties on you in religion; it is the cult of your father Abraham. It is He Who has named you Muslims, both before and in this (Revelation); that the Apostle may be a witness for you, and ye be witnesses for mankind! So establish regular Prayer, give regular Charity, and hold fast to God! He is your Protector - the Best to protect and the Best to help!" {Al-Hajj/78}. Allah Has Connected burdening His slaves with their capacity. He Says (what means): "on no soul doth God place a burden greater than it could bear" {Al-Baqrah/286}. In addition, Imran bin Husain: had piles, so I asked the Prophet (PBUH) about the prayer. he said: "Pray while standing and if you can't, pray while sitting and if you cannot do even that, then pray Lying on your side." {Bukhari}.
The above indicates that virtue is made from necessity, and that necessity is assessed according to its degree.
 Therefore, one who can pray standing isn`t permitted to pray sitting on a chair or the like, and the same rule applies to the rest of the pillars. However, if he has a sound reason to leave standing and sit on a chair, then this excuse doesn`t make it permissible for him not to offer Ruku` and Sujood in their proper manner while sitting. 
If he has a sound reason for not performing Ruku` and Sujood in a proper manner, then this excuse doesn`t make it permissible for him to leave standing and sit down on the chair. Rather, he is obliged to stand and sit on the chair while performing them.
What a praying person is able to do, he is obligated to do and what he is unable to do, he should do by nodding his head while sitting on the chair, but he should make the prostration lower than the bowing. This is based on the command of the Prophet (PBUH): "do what I command you to the best of your ability and capacity". {Bukhari}.
Al-Imam An-Nawai said: "Our fellow scholars said: not being able to stand isn`t a condition in inability, nor is experiencing the least hardship. What counts is evident hardship. So, if the praying person feared severe hardship, complications of an illness, or the like, or if he was afraid to drown when on board of a ship or become dizzy, then it is permissible for him to pray while sitting, and he doesn`t have to repeat the prayer." Al-Majmo`a (vol.4/pp.310). Kindly refer to the book {Nail Al-Ottar, vol.5/pp.202} for Al-Shokanii.
Some scholars said that inability means hardship that causes the praying person to lose humble submissiveness in his prayer. Imam Al-Haramain stated, "Inability that counts is when standing in prayer leads to hardship that causes the praying person to lose his humble submissiveness" {Al-Majmou`, vol.4/pp.310}.
However, if the praying person had no choice but to pray sitting on a chair, then he should make the rear legs of the chair aligned with the legs of the congregation. It is noteworthy that at the early stages of Islam, Muslims didn`t use to have chairs, so they should be used only when needed. Moreover, people praying sitting on chairs shouldn`t place them in the middle of the rows so as not to disturb the other prayer performers. It is better to place them at one end of the row, or at the back rows at the rear of the mosque. We prefer the rear end of the mosque in order to spare the praying persons the harm. We should note that these people who are praying sitting are following the Imam, even if there is a distance between them and the last row, because they are still in the mosque. Moreover, Muslim scholars have stated that their prayer is correct so long as they are in the mosque and following the Imam in every pillar of the prayer. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

                                                    Dr. Ahmad Hilayel

                                                    Dr. Yahia al-Botoosh/ Member

                                                    Sheikh Sa`eid Hijjawi/ Member

Dr. Mohammad Khair al-Eesa/ Member

                                                    Judge Sari Atieh/ Member

                                                    Dr. Abdurahamn Ibbdah/ Member

                                                    Dr. Mohammad Okla/ Member

                                                    Dr. Abdunnasir Abulbasal/ Member

                                                    Dr. Mohammad Al-Khalayleh/ Member

                                                    Dr. Mohammad al-Gharaibeh/ Member

                                                    Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

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