The Distinguished Jurists Primer by Ibn Rushd

The jurists disagreed about the permissibility and description of salat al-khawf after the time of the Prophet (God’s peace and blessings be upon him). Most of the jurists maintain that salat al-khawf is permitted because of the general implication of the words of the Exalted, “And when ye go forth in the land, it is no sin for you to curtail (your) worship if ye fear that those who disbelieve may attack you. In truth the disbelievers are an open enemy unto you”.144 Further, it is also established through the practice of the Prophet (God’s peace and blessings be upon him) and that of the Caliphs after him.

Abu Yusuf, from among the disciples of Abu HanTfa, deviated saying that salat al-khawf after the time of the Prophet (God’s peace and blessings be upon him), is not to be led by a single imam, and that after his time two imams are to lead this prayer, with one of them leading a group in praying two rakfa while another group maintains the watch, and then the other is to lead the second group while the first group having prayed maintains a watch.

The reason for their disagreement derives from their dispute of whether the salat al-khawf led by the Prophet (God’s peace and blessings be upon him amounts to worship or whether it is a special merit of the Prophet (God’s peace and blessings be upon him). Those who maintained that it is a worship did not consider it to be a case specific to the Prophet (God’s peace and blessings be upon him), while those who deemed it to be a special merit of the Prophet (God’s peace and blessings be upon him) considered it to be something specific to him, and thus it would be possible for us to divide the people between two imams, as their gathering behind one imam was one of the specific merits of the Prophet (God’s peace and blessings be upon him). Such an interpretation is supported, in his (Abu Yusufs) view by the implication emerging from the words of the Exalted, “And when thou (O Muhammad) art among them and arrangest (their) worship for them, let only a party of them stand with thee (to worship) and let them take their arms. Then when they have performed their prostrations let them fall to the rear and let another party come that hath not worshipped and let them worship with thee, and let them take their precaution and their arms”.145 The implication here is that if he is not among them the hukm is to be different.

A group of the jurists of Syria maintained that salat al-khawf is to be delayed from the time of fear to the time of security, just as the Prophet (God’s peace and blessings be upon him) did on the day of the Battle of Khandaq. The majority of the jurists maintain that this act on the day of the Battle of Khandaq was prior to the revelation regarding salat al-khawf and was therefore abrogated by it.

The jurists disagreed extensively about the description of salat al-khawf because of the conflict of the traditions on this topic, that is, reports about the acts of the Prophet (God’s peace and blessings be upon him) related to salat al- khawf There are seven well-known descriptions. One of these is what is recorded by Malik and Muslim about the tradition of $alih ibn Khawwat from one who had observed the fear prayer with the Messenger of Allah (God’s peace and blessings be upon him) on the day of Dhat al-Riqa. It says, “A group formed rows behind the Prophet (God’s peace and blessings be upon him), while another group arrayed itself against the enemy. He led those with him for a rak'a and then kept standing while they finished by themselves and departed to face the enemy. The other group then came and he led them for one rak'a that was left of his prayer, after which he kept sitting while they completed their prayer and then made the salutation with them”. Al-Shaf?! based his opinion on this tradition. Malik related exactly the same tradition from al-Qasim ibn Muhammad from Salih ibn Khawwat as a mawqtif tradition (attributed to a Companion) like that of YazTd ibn Ruman that when he had completed the rakfa with the second group he made the salutation and did not wait for them to finish their prayer. Malik preferred this description. AU Shafi T preferred < the musnad over the mawquf, while Malik preferred the mawqiif as it conforms with the general principles, that is, the imam is not to sit down146 so that the second group may complete their prayer, for it is the imam who is to be followed and he is not the follower.

The third description appears in the tradition of Abu TJbayda from cAbd Allah ibn Mas ud from his c father. It is related by al-Thawri and others and is recorded by Abu Dawud. He said, “The Messenger of Allah (God’s peace and blessings be upon him) offered salat al-khawf with one group while another group faced the enemy. He offered a rak'a and two prostrations1 with them and they left to face the enemy without making the salutation. The other group then came and he offered a rakfa with them and made the salutation. They stood up and offered the second rak'a by themselves, made the salutation and went away to stand in the place of the others facing the enemy. The first group returned to their positions and offered a rak'a by themselves and made the salutation”. This description was adopted by Abu Hanifa and his disciples, except for Abu Yusuf as has preceded.

The fourth description occurred in the tradition of Abu cAyyash al-ZuraqT, who said, “We were with the Messenger of Allah (God’s peace and blessings be upon him) at TJsfan and Khalid ibn al-Walid was leading the unbelievers. We offered the zuhr prayer. The unbelievers said: ‘We have been negligent, we should have attacked them while they were praying.’ Allah then revealed the verse about shortening the prayer between the zuhr and ^asr times. When it was time for the asr prayer, the Messenger of Allah (God’s peace and blessings be upon him) stood up facing the qibla, and the unbelievers were arrayed in front of him. Praying behind the Messenger of Allah (God’s peace and blessings be upon him) was one jow and behind this was another row. When the Messenger of Allah (God’s peace and blessings be upon him) bowed [ruku^ all of them bowed with him, and when he made the prostration the row behind him prostrated, while those in the other row stood guard over them. When these people made the two prostrations and stood up, those behind them prostrated. The first row then stepped back taking the place of the second, while the second row advanced and took the place of the first. The Messenger of Allah (God’s peace and blessings be upon him) then bowed and all bowed with him, he then prostrated and the row behind him prostrated, while those [now] in the second row stood guard over them. When the Messenger of Allah (God’s peace and blessings be upon him) and the row behind him adopted the sitting posture those behind them prostrated and finally all were seated. The Prophet then made the salutation and they all made the salutation after him”. This prayer was offered at TJsfan and also at Banu Sulaym.

Abu Dawud said that this tradition has also been related from Jabir, from Ibn ‘Abbas, from Mujahid, from Abu Musa and Hisham ibn ‘Urwa from his father from the Prophet (God’s peace and blessings be upon him). He said that this is the opinion of al-ThawrT, and that it is the most cautious of all, implying thereby that there is not much in this description opposing the generally accepted practice. This description was upheld by a host of the disciples of Malik and al-ShaficT. Muslim has recorded it from Jabir. Jabir said: “Just as You c*° when you guard your leaders”.

The fifth description occurs in the tradition of Hudhayfa. ThaHaba ibn Zahdam said, “We were with Sa‘Td ibn al-‘As in Tabaristan. He stood up and said, ‘Which one of you has offered salat al-khawf with the Messenger of Allah (God’s peace and blessings be upon him)’. Hudhayfa said, ‘I did’ ”. He then offered one ra&a with one group and the second ra&a with another group, and they did not offer any other rak^a. This conflicts extensively with the original form of the prayer. A similar tradition is related from Ibn ‘Abbas, who said, “Prayer, through the tongue of your Prophet, in a settlement is four rakfas, two while travelling, and a single rak^a in khawf”. Al-ThawrT permitted this description.

The sixth description occurs in the tradition of Abu Bakr and in the tradition of Jabir from the Prophet (God’s peace and blessings be upon him) that he led each of the two groups in two-ra^as at a time. Al-Hasan (al-Basri) issued his opinion in accordance with this. In this there is an evidence of the possible discrepancy between the niyya of the imam and the that of the followers, for he intends the full prayer while they are curtailing it. It has been recorded by Muslim from Jabir.

The seventh description occurs in the tradition of Ibn TJmar from the Prophet (God’s peace and blessings be upon him) that when he was asked about salat al-khawf said, “The imam and one group of people step out and the imam leads them in one rafaa, when a second group from among them that is facing the enemy has not prayed. When those with him have prayed a ra&a, they move back to the positions of those who have not, but they do not make the salutation. Those who have not prayed as yet then step out and pray a rak^a with him. The imam then moves away after having prayed two rak^as^ and each group then prays by itself a rak^a after the departure of the imam. Thus each group prays two rakfas. If the threat of attack is grave the men may pray while standing or while riding, facing the qibla or otherwise”. Among those who upheld this description are Ashhab, Malik, and a group of jurists. Abu TJmar said that the proof of those who adopted this tradition of Ibn TJmar is that it has been reported through the transmission of the jurists of Medina, who are authorities in transmission against those who adopted an opposite view. In addition, it is also more in conformity with the principles as the first and the second groups did not pray the second rak<a except after the Messenger of Allah (God’s peace and blessings be upon him) had completed his prayer, and this is well-known in the practice of delayed performance that is agreed upon for all prayers.

Most of the jurists uphold what has been mentioned in this tradition about the gravity of the attack that it is permitted to pray while facing the qibla or without facing it, and without there being any indication of bowing or prostration. Abu HanTfa opposed this saying: “One under an apprehension of attack is not to pray, except while facing the qibla, nor one in a state of intense absorption”. The reason for disagreement over this stems from its conflict with the principles.

A group of jurists maintained that all of these descriptions are permissible, and the mukallaf (subject) may pray in accordance with the one he prefers. It is also said that this discrepancy is because of the difference of the location (of each battle).