The Distinguished Jurists Primer by Ibn Rushd

The discussion of this topic is covered in five sections: the hukm of the prostrations; the number of prostrations that are obligatory, that is, those (occasions) for which the person is to prostrate; the times during which he may prostrate; the person who is under an obligation to prostrate; and the description of the prostrations.

About the hukm of the prostrations of recitation, Abu HanTfa and his disciples said that they are obligatory. Malik and al-ShafFT said that they are prescribed as a sunna and are not obligatory. The reason for disagreement arises from their dispute about the implication of the commands requiring prostrations and the traditions that convey the meaning of commands. For example, whether the (following) words of the Exalted, “When the revelations of the Beneficent were recited unto them, they fell down, adoring and weeping”,166 are to be interpreted as an obligation or a recommendation. Abu HanTfa interpreted them in their apparent meaning of obligation, while Malik and al-Shafi T followed the c (interpretation of) the Companions, for they were the ones best grounded in the meaning of the commands of law. Thus, it has been established that TJmar ibn al-Khattab recited surat al-Sajda on a Friday. He descended (from the pulpit) and made a prostration, and the people prostrated with him. On the next Friday, he recited it again and the people prepared for the,prostrations, so he said, “Wait! Wait! Allah has not prescribed it for us, unless we want to do it”. They said that this occurred in the presence of the Companions, and no disagreement was transmitted from any of them. They were the ones who best knew the essence of the law. This is used in support of that view by those who rely on the opinion of a Companion when there is no other conflicting evidence. The disciples of al-ShafiT argued on the basis of the tradition of Zayd ibn al-Thabit, who said, “I used to read out the Qur’an for the Messenger of Allah (God’s peace and blessings be upon him). Once I recited sural al-Hajj and he did not prostrate, and^ neither did we”. These jurists also argued on the basis of the report “that the Prophet (God’s peace and blessings be upon him) did not prostrate during (the recitation of) al-Mufassal surahs”, and also on1 the reports that he did prostrate during their recitation; a reconciliation between these implies that the prostrations are not obligatory. Each one of them reported what he saw, that is, those who said that he prostrated and those who said that he did not.

Abu HanTfa, on the other hand, relied in this on the argument that the principle is to construe the commands as implying an obligation, and also those reports that amount to commands. Abu al-Ma^lT has said that the argument of Abu HanTfa on the basis of the prescribed commands has no validity, as the absolute obligation of prostrations does not imply their obligation in a qualified sense at the time of recitation, that is, the recitation of the verses of prostration. He said that had the position been as is believed by Abu HanTfa, prayer would have become obligatory on the recitation of the verses that contain the commands for prayer, and as this is not obligatory the prostrations too are not obligatory upon recitation of the verses in which the commands for prostration have been laid down. Abu HanTfa, however, would say that the Muslims (jurists) have agreed that the reports about prostrations during the recitation of the Qur’an are in the form of a command, and this is for most occasions. If this is the case, then, the command prescribing prostrations applies to the time of recitation, and as the command also occurs in an absolute sense it is necessary to construe the absolute in the qualified sense. The case of prostrations in not the same as prayer as the obligation of prayer has been qualified through other restrictions. Further, the Prophet (God’s peace and blessings be upon him) did prostrate on such occasions, so the meaning of commands occurring on these occasions becomes obvious to-us, that is, they apply to the time of recitation. Thus, it is necessary to construe the implication of the command as an obligation.With respect to the number of requirements of prostrations, Malik says in al-Muwatta\ “The position, in our view, is that the prescription regarding the prostrations of the Qurian is for eleven prostrations that do not include anything from the Mufassal surahs”. His disciples said that the first of these is at the end of al-A^raf^1 the second is in al-Ra^d. after the words, “And unto Allah falleth prostrate whosoever is in the heavens and the earth, willingly or unwillingly, as do their shadows in the morning and the evening hours”;167 168 the third is in al-Nahl after the words, “And unto Allah maketh prostration whatsoever is in.the heavens and whatsoever is in the earth of living creatures, and the angels (also), and they are not proud. They fear their Lord above them, and do what they are bidden”;169 the fourth is in Bani Israel after the words, “They fall down on their faces, weeping, and it increaseth humility, in them”;170 the fifth is in Maryam after the words, “When the revelations of the Beneficent were recited unto them, they fell down, adoring and weeping”;171 the sixth is in al-Hajj being the first one after the words, “Hast thou not seen that unto Allah payeth adoration whosoever is in the heavens and whosoever is in the earth, and the sun, and the moon, and the stars, and the hills, and the trees, and the beasts, and many of mankind, while there are many unto whom doom is justly due. He whom Allah scorneth, there is none to give him honour. Lo! Allah doeth what He will”;172 the seventh is in al-Furqdn after the words, “And when it is said unto them: Adore (prostrate to) the Beneficent! they say and what is the Beneficent? Are we to adore (prostrate to) whatever thou (O Muhammad) biddest us? And it increaseth aversion in them”;173 the eighth is in al-Naml after the words, “So that they worship not (prostrate not to) Allah, Who bringeth forth the hidden in the heavens and the earth, and knoweth what ye hide and what ye proclaim, Allah: there is no God save Him, the Lord of the tremendous Throne”;174 the ninth is in al-Sajda after the words, “Only those believe in our revelations who, when they pray are reminded of them, fall down prostrate and hymn the praise of their Lord, and they are not scornful”;175 the tenth is in Sad after the words, “And David guessed that We had tried him, and he sought forgiveness of his Lord, and he bowed himself and fell down prostrate and repented”;176 and the eleventh is <in Fussilat after the words, “And of His portents are the night and the day and the sun and the moon. Adore not (prostrate not to) the sun nor the moon; but adore (prostrate to) Allah Who created them, if it is in truth Him whom ye worship”, and it is said that it is after the words, “But if they are too proud—still those who are with thy Lord glorify Him night and day and tire not”.177 178

Al-Shafi T said that c there are fourteen prostrations. Three of these are in the Mufassal surahs, that is, in al-Inshiqaq, al-Najm, and al~*Alaq, but he did not believe that there was a prostration in Sad, the occasion there, in his view, being that of thankfulness. Ahmad said that there are fifteen prostrations adding a second one in al-Hajj and including the prostration in Sad. Abu HanTfa said that there are twelve prostrations. Al-TahawT said that this (the number in Abu HanTfa’s opinion) includes every prostration that is expressed in the form of a report.

The reason for their disagreement stems from their choice of source regarding the number of prostrations. Some of them relied upon the practice of the jurists of Medina, some relied on analogy, and some relied on transmission. Those who relied upon practice (jamal) are Malik and his disciples. Those who relied upon analogy are Abu HanTfa and his disciples, as they maintained that all the prostrations that they agreed upon were found to be expressed in the form of a report—and these were the prostrations in A*rdf, al-Nahl, al-RaM, al-Isra>, Maryam, the first occasion in al-Hajj, al- Furqdn, al-Naml, and al-Sajda—and this made it necessary to link with them the remaining prostrations expressed in the form of reports, which are in Sad and al-Inshiqaq. The three that occur in the form of a command were dropped, and these occur in al-Najm, the second occasion in al-Hajj, and in al-*Alaq. Those who relied upon transmission decided on the basis of what has been established from the Prophet (God’s peace and blessings be upon him) about the prostrations in al-Inshiqaq, al-^Alaq, and al-Najm. This has been recorded by Muslim. Al-Athram said that Ahmad was asked about the prostrations in al-Hajj, and he replied that there were two prostrations. He declared the tradition of TJqba ibn cAmir from the Prophet (God’s peace and blessings be upon him) as authentic, and in which he said, “In al-Hajj there are two prostrations”. This is also the opinion of TJmar and that of CA1T. The QadT (Ibn Rushd) said: “This has been recorded by Abu Dawud”.

Al-Shafi T decided upon dropping the c prostration in Sdd on the basis of what has been related by Abu Dawud of the tradition of Abu Sa Td al-Khudri “that the Prophet (God’s peace and blessings be upon him) was reciting the verse of prostrations in surat Sad, while on the pulpit, when he descended and prostrated. When he recited it on another day the people prepared themselves for the prostrations, so he said, ‘This is repentance for a Prophet, but as I had seen you preparing for a prostration I came down and prostrated’ ”. In this there is a kind of evidence for Abu HanTfa in upholding the obligation of prostrations, for he (the Prophet) declared the underlying cause of relinquishment of prostrations in this prostration to be a cause that is absent in the other occasions of prostration. Thus, it becomes necessary that the hukm in which an underlying cause is absent be different from that in which the underlying cause is established. This is a kind of demonstrative proof, and there is disagreement over it, as it belongs to the category of assigning a metaphorical meaning to the indirect indication of the text (dalil al-khitdb).

Some jurists, who did not uphold the occurrence of prostrations in the Mufassal surahs, argued on the basis of the tradition of cIkrima from Ibn c Abbas, which has been recorded by Abu Dawud, “that the Messenger of Allah (God’s peace and blessings be upon him) did not prostrate in any of the Mufassal surahs from the time that he migrated to Medina”. Abu TJmar said that it179 is a munkar (inconsistent) tradition, as Abu Hurayra who has related the prostrations of the Prophet in the Mufassal surahs did not become a Companion of the Prophet (God’s peace and blessings be upon him) except in Medina. Trustworthy narrators have related from him “that the Prophet (God’s peace and blessings be upon him) prostrated in al-Najm”.

They disagreed about the time of the prostrations. A group of jurists prohibited the prostrations during a period of time that is proscribed for prayer. This is the opinion of Abu HanTfa in accordance with his principle of prohibiting the obligatory prayers in these timings.181 Malik has also disallowed these in the Muwattd*, as these are supererogatory in his view, and supererogatory worship is prohibited during these timings according to him. Ibn al-Qasim has related from him that the prostrations may be made after W as long as the sun has not turned yellow or changed in colour. Likewise after the morning prayer. This was upheld by al-ShafiT. This is based on the view that the prostrations are a sunna, and the sunan may be observed in these timings as long as the sun is not about to set or about to rise.

About the person towards whom the hukm is directed they agreed unanimously that it is directed towards the person reciting, whether in prayer or otherwise. They disagreed about whether the listener is obliged to prostrate. Abu HanTfa said that he is under an obligation to prostrate, and he did not differentiate between a man or a woman. Malik said that the listener is to prostrate on two occasions: first, when he has sat down to listen to the Qur’an, and second, when the reciter himself prostrates, and that the latter can validly be an imam for the listener. Ibn al-Qasim has related from Malik that the listener is to prostrate himself once he has sat down to listen to the reciter even if the reciter is not qualified to be an imam.

The majority of the jurists said about the description.of the prostrations that when the person reciting prostrates he should pronounce the takbir on lowering himself and upon rising. Malik’s opinion has differed on the issue when the person is not observing prayer, but when he is praying he is to pronounce takbir without a dispute.