The Distinguished Jurists Primer by Ibn Rushd

They agreed that the two ra&as in the morning are sunna because of their being persistently observed by the Prophet (God’s peace and blessings be upon him), more so than the raka^as of any other supererogatory prayer. He (God’s peace and blessings be upon him) did so because he considered performing them as desirable and also because he performed them as qada? after sunrise—when he had (once) overslept till after sunrise—thus praying the whole morning prayer as qadtf. They disagreed about it in (several) issues, one of which is the recommended (Quranic) recitation in it.

According to Malik it is recommended that only the umm al-Qur'an be recited in it. Al-Shafi T said that c there is no harm if the umm al-Qur'an is recited in it along with another short sura. Abu HanTfa said that there is no recorded precedent in it for recommended recital, and it is permitted that a person may recite from his nightly portion of Quranic recitation.

The reason for their disagreement is the variation in the reported recitation by the Prophet (God’s peace and blessings be upon him) in this prayer, and also their disagreement about the identification of recitation in the prayer. It is related about the Prophet (God’s peace and blessings be upon him) “that he used to observe two light [short] rak'as in the morning”, and it is related from ^A’isha, who said, “They [the two rakfas} were so short that I wondered whether he had recited in them the umm al-Qur'an”. The apparent implication of this is that he used to recite only the umm al-Qur'an in them. It is related through Abu Hurayra, as recorded by Abu Dawud, that “he [the Prophet] used to recite ‘Say, God is One ..and ‘Say, O disbelievers . . ?, in them”. Those who adopted Aisha’s tradition chose the recitation of the umm al-Qur'an alone, while those who adopted the second tradition chose to recite the umm al-Qur'an and a short sura. Those who abided by their principle that no specific recitation is to be fixed for prayers, because of the words of the Exalted, “So recite of it that which is easy [for you]”,154 said that the person is to recite what he likes.

The second issue concerns the manner of the recitation that is recommended for it. Malik, al-Shafici and most of the other jurists held that the recommendation is to recite it inaudibly. A group of jurists maintained that the recommendation is for audible recitation, while another group granted a choice (to the worshipper) between reciting it inaudibly and audibly.

The reason for disagreement in this stems from the conflict of the implied meanings of the traditions. In the (preceding) tradition of cA>isha the apparent implied meaning is that “the Prophet (God’s peace and blessings be upon him) used to recite inaudibly in them”. If this had not been the case c A>isha would not have had reason to doubt whether the Prophet recited the .umm a I-Qur'an in them. The apparent meaning of what has been related frOni Abu Hurayra is that he used to recite “Say, O disbelievers . . .,” and “Say Allah is One . . .”, in them, and thatthe recitation of the Prophet (God’s peace and blessings be upon him) used to be audible, for had this not been the case Abu Hurayra would not have come to know what he was reciting in them Those who adopted the method of preference in these two traditions either upheld the audible recitation, when the tradition of Abu Hurayra was preferred, or they upheld inaudible recitation, when the tradition of ‘A^sha was preferred. Those who upheld the method of reconciliation upheld a choice for the worshipper.

The third issue is about case of a person who has not offered the two rak'as and finds the imam engaged in the (obligatory) prayer, or who enters the mosque to offer the two rak as, but finds that c the obligatory^ prayer is about to commence. In such a case, Malik held that if he enters the mosque and the obligatory prayer is being performed, then he is to pray with the imam and not to offer the two rakfas in the mosque (when the imam is observing the obligatory prayer). If, however, he has not entered the mosque and he does not fear losing a rak^a with the imam, he may offer the two ra&as outside the mosque, but if he is afraid of losing a rak^a he should pray with the imam and then offer them after sunrise. Abu HanTfa agreed with Malik in making the distinction between the case of a person having entered the mosque or not yet having done so, but he went against him in the detailed ruling. He said that the person may pray outside the mosque as long as he thinks that he will be able to offer one rak*a of the morning prayer with the imam. Al-ShafiT said that if the prescribed prayer has commenced he is not to offer the two rak'as inside or outside the mosque. Ibn al-Mundhir has related that a group permitted the offering of the two rak^as inside the mosque while the imam is observing the (obligatory) prayer, but this is a deviant opinion.

The reason for their disagreement arises from their dispute over the meaning of the words of the Prophet (God’s peace and blessings be upon him), “If the prayer has commenced, then, there is no other prayer but the one prescribed”. Those who adopted the general implication of this tradition did not allow the two morning rak^-as, either outside the mosque or inside it, if the prescribed prayer had commenced. Those who restricted this meaning to apply to praying inside the mosque permitted praying outside the mosque as long as the obligation is not lost, or if a part of the obligation is not lost. The underlying meaning (<illa) of the proscription, according to those who adopted the general meaning, is the occupation with supererogatory prayers to the neglect of the obligatory prayers. The underlying meaning according to those who restricted this to the mosque is the offering of two prayers at the same time as that would amount to going against the imam. It is related from Abu Salama ibn Abd al-Rahman.that c he said, “Some people heard the prayer being undertaken so they stood up to pray. The Messenger of Allah (God’s peace and blessings be upon him) came out to them and said, ‘Two prayers at one time? Two prayers at one time?’ He said that this was during the time of the morning prayer and about the two rakfas that are before the obligatory morning prayer”.

Malik and Abu Harnfa disagreed over the portion of the obligatory prayer that is to be taken into account in determining whether a person should first engage in the two sunna rak as or join the c imam. The dispute stems from their disagreement over the portion that ensures securing the merit of the congregational prayer. Further, there is disagreement over whether the congregational prayer is greater in merit than the two raPas. Those who maintained that by losing a rak'a of the obligatory prayer the credit for the prayer with the congregation is lost said that he may remain occupied with the two ra&as as long is a ra&a of the obligatory prayer is not lost. Those who maintained that he secures the merit (of the congregation) as long he prays even a single rak^a of the obligatory prayer (with the imam), said so because of the words of the Prophet (God’s peace and blessings be upon him), “He who has caught a rakfa of a prayer has caught the prayer”, that is, he secures its merit. They interpreted this tradition so as to convey a general application covering one relinquishing the prayer intentionally or without exercising a choice, and thus said that he may remain occupied with it as long as he thinks that he can catch at least one rak^a (with the imam). Malik interpreted this tradition (Allah knows best) to apply to a person who has missed the obligatory prayer intentionally. He therefore held that if he misses a single rak^a from it he loses its merit.

The reason for the opinion of those who permitted the two morning rak'as inside the mosque when the obligatory prayer had commenced is based on one of two reasons: either the tradition did not prove authentic in their view or it did not reach them. Abu Bakr ibn al-Mundhir has said that it is an authentic tradition, that is, the words of the Prophet (God’s peace and blessings be upon him) “If the prayer has commenced; then, there is no other prayer but the one prescribed”. Abu TJniar ibn <Abd al-Barr has also declared it authentic, and its authenticity is also related from ibn Mas ud.

c The fourth issue is about the time of their qada* when they have been missed because of offering the morning (obligatory) prayer. A group of jurists said that the person is to offer them as qadd* after the (obligatory) morning prayer. This opinion was held by cApP ibn Jurayj. Another group of jurists said that he is to offer them as qadd after sunrise. Some of these jurists determined this inflexible time for it, while others declared it to be flexible saying that he may offer them from the time of the rising of the sun up to the time of its decline, but he is not to offer them after the declining of the sun Some of these jurists, who upheld his offering them as qad&, considered it a recommendation, while others granted the person a choice. The basis for praying them as qadd? is the Prophet’s praying them as qadd after sunrise when he overslept.155