Chapter Sixteen: On the Fear Prayer

16.1 Its Judgement

[Al-Qarafi says that it is possible to define it as doing one of the five fard prayers. Its judgement is obligatory, i.e. obligatory as a sunna. Ibn al-Mawwaz said that it is an allowance and the author of the Mukhtasar confines himself to the truth of the allowance for it, a which is the legal principle of the excuse which allows waht is forbidden, like eating carrion. It is prescribed by an excuse, which is necessity while confirming the existence of the forbidden, which is foulness in carrion. By analogy he says here that it is prescribed for an exuse, which is fear, with the establishment of the forbidden, which is altering the prescibed prayer.

There is no contradiction between its being sunna and its being an allowance because the allowance can become an obligation: like eating carrton for one so compelled. The evidence for the confirmation of its judgement and that it is not abrogated is the Book, the Sunna and consensus. Al-Muzani claims that it is abrogated, but that is rejected. As for its evidence in the Book, it is the words of the Almighty, "When you are with them É" (4:102) In the Sunna, part of it is what Yazid ibn Ruman related with his isnad that a group prayed with the Prophet while a group faced the enemy. He prayed one rak'at with them and then remained standing and they led themselves. Then they went and faced the enemy and the other group came and he led them in the remaining rak'at and then remained sitting and they led themselves. Then he said the salam with them. As for consensus, a group of the Companions prayed it after the death of the Prophet , including 'Ali ibn Abi Talib, Abu Hurayra, and Abu Musa, and none of the Companions objected to it. It was done on journeys and while resident, singly and in groups. ]

16.2. When it is done on a journey

The fear prayer is done when travelling if there is fear of trouble from an enemy.

[The fear prayer is done when the Muslims fear the enemy, i.e. they believe or think that there is harm from the enemy. What is meant are the unbelievers because fighting them allowed, and there is an analogy made to include revels.]

16.2a. Beginning the Fear Prayer

The imam steps forward with one group leaving the other group to face the enemy.

[As in al-Mukhtasar, whether the enemy is in qibla or not. It is like that as opposed to Imam Ahmad who said that if the enemy is in the direction of the qibla, they all pray with the Imam without any division since they see the enemy. It is not a precondition that the two groups be equally divided as opposed to the one who makes that a precondition. The sound version is that each group should have power to resist the enemy. If the enemy can be resisted by half, they are divided in two halves. If they can be resisted with a third, he prays with a third the first rak'at, and with two-thirds in the second. According to the Imam he informs people how it will be done they begin the prayer to avoid confusions since most people are not familiar with it.]

16.2b.The first group

He prays one rak'a with this group and then remains standing while they pray a second rak'a by themselves. They then say the salam and go and stand where their companions were standing.

[He leads the group in prayer and remains on his own and then they leave him. If that happens deliberately before he is on his own, then their prayer is invalid. When he is on his own, he can chose between standing between recitation, supplication or silence. Then they pray a rak'at on their own, say the salam and go to replace the second group in facing the enemy.]

16.2c. The second group

This second group then come and do the takbir al-ihram. The imam prays his second rak'a with them and then does the tashahhud and says the salam whereupon they pray their second rak'a and finish their prayer.

[Then the second group say the ihram and stand behind the Imam who prays the second rak'at. The Imam says the tashahhud and salam in the well-known position. A counter view it is that he does not say the salam, but indicates to the second group to stand for the second rak'at which they owe and pray it, and he says the salam for it. So they catch the salam with him as the first group caught the ihram. The well-known position is that the Imam says the salam and does not wait for the second group who pray with him one rak'at and left the Imam. They make up the rak'at they missed with him and finish.]

16.2d. The case of Maghrib

This is what is done for all the fard prayers except Maghrib when the imam prays two rak'as with the first group and one with the second.

[In Maghrib, the Imam prays two rak'ats and says the tashahhud. After he has said the tashahhud, he stands and remains so according to the well-known position and indicates to the first group to stand. Then they stand and complete their prayer on their own. They say the tashahhud and the salam and leave and take the place of their companions. Then the second group come and say the ihram behind him and he leads them in praying a rak'at and then says the tashahhud and salam. Then they finish the two rak'ats they missed with the Fatiha and sura and then they go. This description which the shaykh mentions is the well-known one from the position of Malik, and he considers it sound that the Prophet did it.

It was two preconditions: the first is that the fighting is permitted, i.e allowed, and it includes the obligatory, like fighting the people of shirk and rebellion, and the permitted, like fighting those who desire property and that those who pray with Imam can leave. If the enemy is such that they cannot resist the ambush, then the second is not permitted when the fear ends in the course of the prayer. They complete it with the quality of security. If there is security after the prayer, it is not repeated. This is the description of the fear prayer when travelling. ]

16.3. When it is done while Resident

16.3a.When there is danger

If an imam is leading the prayer in a situation of great danger for a group of people who are not travelling, he prays two rak'as with each group for Dhuhr, 'Asr, and 'Isha.

[When they are resident, the Imam can lead them in the fear prayer. The expression of al-Jallab is clearer than this: "When there is fear in the resident prayer, it is not permitted to shorten the prayer, but it is permitted to divide the people. So the Imam leads one of the two groups in two rak'ats and sits and does the tashahhud and then indicates them to stand to complete it. It is said that he stands when he finishes his tashahhud and waits for them to finish and go and the others to come, standing, silent or making supplication, not reciting. Then he prays the remaining two rak'ats with the second group. Then he says the salam and they finishes what they misses after the salam, It is said that he waits for them to make up what they missed and then says the salam, and they say the salam with his salam, but the first is the well-known.]

16.3b. The adhan and iqama

The adhan and the iqama are done for each prayer.

[Travelling and when resident in a group. This is because every prayer is an obligation absolutely in the journey, and when resident. ]

16.4. The Fear Prayer done alone

If the situation is too dangerous for even this, then everyone should pray individually as best they can, either on foot or horseback, walking or running, and whether facing the qibla or not.

[If it is too dangerous for a group prayer, then they pray individually as best they can in ruku' and prostration. If they cannot do that, they use gestures to indicate prostration lower than bowing. They can be on foot or mounted on horses or camels, walking or running, facing qibla or not. Then they do not have to repeat it when they are safe, wither in the time or after it. The basis for what he mentioned is the words of Allah Almighty, "If you fear an enemy, then pray on foot or riding," (2:239) and His words, "Remember Allah standing and sitting and lying on your sides. When you are safe again do the prayer in the normal way." (4:103) So Allah Almighty commands that you pray the prayer in its time according to the situation. In the Muwatta', Ibn 'Umar said, "When fear is intense, then pray, standing, and on foot or riding, facing qibla or not." Nafi' said, "I do not think 'Abdullah mentioned that except from the Messenger of Allah."]

NOTE: It is permitted in a state of intense fear to walk a lot and to rush, which is to move the foot, jab with the spear, and shoot the arrow and speech, even if it is a lot if he needs to do that in what is connected to them, like warning someone about someone who is aiming at him, telling him to kill him, glorification and boasting when shooting, or rajaz portry if he prepares that to weaken the enemy. Otherwise there is no need for it.

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