QUESTION:

Is the Asr Salah of a Hanafi valid in the Asr time of the Shafa’i school, which is also the opinion of the Sahibain in the Hanafi Madhab?

ANSWER:

According to the opinion of Imam e A’zam, upon which the Fatwa is issued, the time of Asr begins when the length of the shadow of an object is twice its length. According to the Shafa’i Madhab, which is also the opinion of the Sahibayn [Imam Abu Yusuf and Imam Muhammad], the time of Asr begins when the shadow of an object is equal to its length (one shadow length). Although some books of Hanafi Fiqh, such as al-Durr al-Mukhtar have asserted that the stance of the Sahibayn is the preferred stance, however, the stance of Imam e A’zam is the most accurate, correct and preferred, and upon which the Fatwa is issued.

This is what the majority of the books of Mutoon have stated, and many Shariheen have affirmed and preferred this opinion, and the scholars of Tarjeeh and Ifta have also authenticated it.

Imam Malik al-Ulemah Abu Bakr Masood in Badayiʼ and Fatawa Hindiyyah state: “that is correct.”

Al-Nihayah: “that is the Zahir al-Riwayah from Abu Hanifah.”

Al-Muheet: “The correct verdict is the stance of Imam A’zam Abu Hanifah.”

Allamah Qasim ibn Burhan al-Shari’ah al-Mahbubi in Tasheeh al-Quduri prefers it and Sadr al-Shari’ah Ubaydallah ibn Masʿud al‐Mahbubi al‐Hanafi agrees and prefers his proof.

Al-Ghiyathiyyah: “It is the preferred [verdict].”

Sharh Majma’ al-Musannif: “It is the Madh’hab of Abu Hanifah.”

It is stated in Maraqi al-Falah, “This is correct and this is the stance of the majority of scholars and Mutoon.” Tahatawi ala al-Maraqi states, “The majority of the scholars have authenticated it.”

Jami’ al-Ramuz said, “It is the Mufta bihi (the stance upon which the Fatwa is issued).”

Siraj al-Muneer states, “The Fatwa is on the stance of the Imam.”

Imam Tahir Bukhari in Khulasah, Imam Burhan al-Din in al-Hidayah, Imam Nasafi in Kafi and Imam Zayl’ee in Tabyeen al-Haqaiq held this as the preferred stance.

Ghayah al-Bayan: “and this is what Abu Hanifah has taken and that is well-known from him.”

Al-Yanabee’: “And that is correct from Imam A’zam Abu Hanifah.”

“The Ashab al-Mutoon have preferred it and the commentators are satisfied with it. So it is proven that is the Madh’hab of the Imam.”

[al-Bahr al-Raiq]

It is written in Radd al-Muhtar and al-Bahr al-Raiq: “it is not permitted to turn away from the stance of the Imam.”

Thus, the opinion of the Imam regarding the beginning time of Asr is the preferred stance and the most correct position, as it has been authenticated by the majority of jurists, and the action should be upon that which the majority of scholars are towards. This stance is what the books of Mutoon agree with, and the books of Mutoon supersede all other books. Praying Asr according to the time of the Imam is the most cautious and safest action, as Asr will be complete according to both the Imam and the Sahibayn. However, if Asr is prayed according to the time of the Sahibayn, then according to the Imam, Asr will not count. In addition, to act upon the stance of the Imam is Wajib [necessary], unless there is an apparent necessity to act against it, as declared in the major books of Hanafi Fiqh.

A’la Hazrat Imam Ahmad Rida in his magnum opus, Fatawa Ridawiyyah states:

“Within the second shadow (time of the Sahibayn), Asr will not be complete, in fact the Fard will still be binding.”

[Fatawa Ridawiyyah, volume 5, page 135]

A’la Hazrat Imam Ahmad Rida further states:

“If an individual knows that after the second shadow (time of Asr according to the Imam), he will be able to pray with Jama’ah, even if it is with one individual, then he should not join the void – or at least Makruh with severity – Jama’ah (referring to the Jama’ah conducted in the time of the Sahibayn) and pray with the correct Jama’ah after the beginning of the agreed time (the time of the Imam). And if he knows that he will not find anyone to pray Jama’ah with later, then, following the [opinion of the] Sahibayn he should join the Jama’ah. Then after, to acquire the correct and agreed upon [time], and to eliminate the karahat, repeat the Salah after the second shadow (after the beginning time according to the Imam).”

[Fatawa Ridawiyyah, volume 5, page 136]

Sadr al-Shari’ah Allamah Amjad Ali Azmi states:

“Excluding the original shadow (Sayah e Asli) when it becomes twice its length (time according to Imam e A’zam), if Asr was commenced then, it is complete. If Asr was commenced before the two shadow lengths (time according to Sahibayn) it remains incomplete.”

[Fatawa Amjadiyyah, volume 1, page 47, ruling 83]

Therefore, Asr Salah cannot be prayed according to the time of the Shafa’i Madhab or the opinion of the Sahibayn. It is necessary to pray Asr according to the time of Imam e A’zam, which is when the length of the shadow of an object is twice its length, as upon it is the Fatwa and the verdict of the majority of the jurists. If Asr Salah is prayed according to the stance of the Shafa’i Madh’hab or the opinion of the Sahibayn, it will have to be repeated at the correct time of Asr, which is the stance of Imam A’zam.

And Allah knows best.

Answered by Mawlana Muhammad Kalim

verified by Mufti Zahid Hussain Al-Qadiri – answer from www.thesunniway.com

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