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Resolutions of Iftaa' Board

Resolution No.(227): "Ruling on Praying Jumu`ah in More than One Mosque in the Same Town"

Date Added : 28-11-2016

Resolution No.(227) by the Board of Iftaa`, Research and Islamic Studies.

"The Ruling on Praying Jumu`ah in more than one Mosque in the Same Town"

Date: (23/Shawal/1437 AH), corresponding to (28/7/2016 AD).

 

All perfect praise be to the Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the question sent from the Ministry of Awqaf and Islamic Affairs and Holy Places, and it reads as follows:

What is the ruling on praying Jumu`ah in more than one mosque in the same town?

After deliberations, the Board decided the following:

Jumu`ah was called as such because it brings people together in one place. Until recently, Jumu`ah was held in the big Jaami` mosque (i.e. the main or central mosque of a town, city or village). When Muslims became numerous and mosques could no longer accommodate them, praying Jumu`ah in more than one mosque has become a necessity. However, holding it in more mosques than what is actually needed is a matter of disagreement amongst the Muslim scholars. For example, the majority of the Shafii, Maliki and Hanabali scholars have considered holding  Jumu`ah in more than one mosque in the same town for no valid reason unlawful. Doing this is lawful if the Jaami mosque is too small to accommodate the number of the people who pray in it or the town has expanded to a level where it is difficult for all its residents to pray in one mosque.

Pointing out the conditions for the validity of the Jumu`ah prayer, Al-Khateeb Ash-Shirbini (May Allah have mercy on him) said: " ………..Third: It shouldn`t be preceded by another Jumu`ah nor coincide with one, unless the town was too expanded and it became difficult for its residents to pray in one mosque. In this case, it is lawful for them to pray Jumu`ah in more than one mosque as much as actually needed." {Moghni Al-Mohtajj}.

Sheikh Miarah, a Maliki scholar, stated: "The apparent view of the Maliki scholars is that they unanimously agree that it is unlawful to pray Jumu`ah in two mosques in a small town. Their disagreement pertains to the big town……their  famous opinion is that it is unlawful. However, people, in my time, consider it lawful because it is difficult for the residents of a big town to pray in one mosque." {Ad-Dur Al-Thameen, pp.363}.

Al-Imam Al-Mardawi (May Allah have mercy on him), a Hanbali scholar, stated: "It is unlawful to hold Friday or Jumu`a prayer in two mosques if there is no necessity for doing so, and this is the approved opinion of our Madhab (school of thought) as well as our fellow scholars. In a narration after Imam Ahmad Bin Hanbal: It is generally lawful, but this opinion is his (Ahmad`s). Al-Qadhi adopted the opinion of Imam Ahmad if there was a need to hold Friday prayer in more than one mosque. Need here means: the mosque is small, far or sedition is likely." {Al-Insaf, vol.2/pp.400}.

Moreover, the Hanafi scholars have two opinions in this regard. Their approved opinion is that it is lawful to hold Friday prayer in two mosques or more, even if there was no necessity, as is the opinion of Al-Imam Abo Hanifah and Mohammad Al-Hasan (May Allah have mercy on both of them).

Al-Imam Al-Sarkhasi (May Allah have mercy on him) stated: "Narrations have differed as regards holding the Friday prayer in two mosques in the same town. The more correct opinion of Abo Hanifah and Mohammad Bin Al-Hasan (May Allah have mercy on them both) is that it is lawful. However, there are two narrations after Abo Yousef: one says it is lawful and the other says it is not." {Al-Mabsoot, vol.2/pp.121}.

Ibn Abdeen stated: "It is lawful to hold the Friday prayer in many mosques according to the Hanafi school of thought, and its approved opinion…so as to ward off harm (sedition, the mosque is far or small) because obligating people to pray the Friday prayer in one mosque means forcing most of them to come from far places, and there is no Sharia-approved evidence that holding Friday prayer in more than one mosque is unlawful." {Ad-Dur al-Mokhtar ala Radd al-Mohtar}.

In conclusion, if it is possible for all the people of the same town to pray in one mosque safely, then this is more prudent because it goes in line with the spirit and the purposes of Sharia as far as uniting Muslims is concerned.

However, if that isn`t possible because the mosque is small or far or the town is too expanded or it was hard for people to come to that mosque, then praying Jumu`ah or Friday prayer in more than one mosque is lawful so long as it is done according to the actual need.

All in all, praying Jumu`ah in different mosques is valid and avails the praying person. And Allah Knows Best.

 

Chairman of Ifta` Board, Sheikh Abdulkareem Al-Khasawneh

Vice Chairman of Ifta` Board, Prof. Ahmad Hilayel

Dr. Wa`el Arabiat, Member

Dr. Yahia Botoosh/ Member

Sheikh Sa`eed Hijjawi/ Member

Prof. Abdulnaser AbulBasal/ Member

Pro. Abdullah Fawaz/ Member

Judge Khaled Al-Woraikat/ Member

Dr. Mohammad Khai Al-Esa/ Member

Dr. Mohammad Youis Al-Zou`bi

Dr. Mohammad Khai Al-Esa/ Member

 

 

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Summarized Fatawaa

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

What is the ruling on water present on the floor of a toilet/bathroom?

The default ruling is the purity of this water present on the bathroom floor. If one is certain or strongly suspects its impurity, then one washes whatever part of the body or clothing this impure water has touched. If one doubts its impurity, the default is purity, and we do not rule it impure based on mere doubt. And Allah the Almighty knows best.

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