Witr Salah in Makkah and Madinah

Witr Ṣalāh in Makkah and Madīnah

Question

When we visit Makkah and Madīnah in Ramaḍān, should we perform Witr Ṣalāh behind the Imam who does Salām after the second Rakʿah?

بسم الله الرحمن الرحیم

Answer

According to the Ḥanafī school of thought, Witr Ṣalāh consists of three Rakʿah with one set of Salām at the end of the third Rakʿah. However, according to the Shāfiʿī, Mālikī and Ḥanbalī schools of thought, Witr Ṣalāh consists of three Rakʿah with Salām after the second Rakʿah as well as after the third Rakʿah. Accordingly, there is a difference of opinion regarding the validity of a Ḥanafī performing Witr Ṣalāh behind an Imam who leads Witr in this manner with two sets of Salām. The dominant position of the Ḥanafī school of thought is that this is not valid[1] because the Salām after the second Rak’ah invalidates the Ṣalāh. However, some Ḥanafī scholars are of the opinion that the Witr Ṣalāh is valid. This view is shared by many of my teachers as well as many Hanafi scholars from the past and present. They include:

  1. Imam Abū Jaʿfar al-Hinduwānī[2](d. 362/973)[3].
  2. Imam Abū Bakr al-Jaṣṣāṣ al-Rāzī[4](d. 370/981)[5].
  3. Qaḍī Abū Muḥammad ʿAbd al-Wahhāb ibn Aḥmad ibn Wahbān al-Dimishqī[6](d. 768/1367)[7].
  4. Shaykh al-Islām Sirāj al-Dīn Abū Ḥafṣ ʿUmar ibn ʿAlī ibn Fāris[8](d. 829/1426)[9], the teacher of ʿAllāmah Ibn al-Humām (d. 861/1457).
  5. Hāfiẓ Badr al-Din al-ʿAynī (d. 855/1451).[10]
  6. ʿAllāmah ʿAbd al-Ḥayy Laknawī (d. 1304/1886).[11]
  7. Shaykh al-Hind Mawlānā Maḥmūd Ḥasan Deobandī(d. 1339/1920).[12]
  8. ʿAllāmah Anwar Shāh Kashmīrī (d. 1352/1933).[13]
  9. Shaykh Muḥammad Yūsuf Binorī (d. 1397/1977).[14]
  10. Mawlānā ʿAbd al-Ḥaq (d. 1409/1988), Peshawar, Pakistan.[15]
  11. Mawlānā Mujāhid al-Islām Qāsmī (d. 1423/2002) and a group of Indian scholars.[16] This is also the view of Darul Uloom Deoband.[17]
  12. Muḥaddith al-ʿAṣr Shaykh Muḥammad Yūnus Jownpūrī (b. 1355/1936 – ).
  13. Mufti Muḥammad Taqī ʿUthmānī (b. 1362/1943 – ).[18]
  14. Mufti Muḥammad Rafīʿ ʿUthmānī (b. 1355/1936 – ).[19]
  15. Shaykh Yūsuf Motālā (b. 1366/1946 – ), Darul Uloom Bury, UK.
  16. Mufti Shabbīr Aḥmad (b. 1376/1957 – ), Darul Uloom Bury, UK.
  17. Mufti Ṭāhir Wādī (b. 1376/1957 – ), Darul Uloom Bury, UK.
  18. Mufti Muḥammad Salmān Manṣūrpūrī (b. 1386/1967 – ), Moradabad, India.[20]
  19. Mufti Shabbīr Aḥmad Qāsmī, Moradabad, India.[21]
  20. Mawlānā Khālid Sayf Allah Raḥmānī (b. 1376/1956 – ), India.[22]

The preferred opinion is that Witr Ṣalāh in Makkah and Madīnah is valid and should be performed for the following reasons:

  1. The Prophet ﷺ performed Witr Ṣalāh in this manner as well, as narrated in Ṣaḥīḥ al-Bukhārī (990, 993) and other ḥadīth books.
  2. Many companions performed Witr Ṣalāh in this manner including ʿAbd Allah ibn ʿUmar (d. 73/693)[23], ʿUthmān ibn ʿAffān (d. 35/656)[24], Abū Mūsa al-Ashʿarī (d. 44/665)[25], Abū Hurayrah (d. 57/676-7)[26]and others[27] (may Allah be pleased with them).
  3. Performing Witr Ṣalāh in this manner has been narrated from great luminaries and scholars including Muḥammad ibn Sīrīn (d. 110/729)[28], Ḥasan al-Baṣrī (d. 110/728)[29], ʿAṭāʾ ibn Abī Rabāḥ (d. 114/732)[30], Saʿīd ibn al-Musayyib (d. 94/712-3)[31], Awzāʿī (d. 157/773-4)[32], Abū Thawr (d. 240/854)[33], Mālik ibn Anas (d. 179/795)[34], Muḥammad ibn Idrīs al-Shāfiʿī (d. 204/820)[35], Aḥmad ibn Ḥanbal (d. 241/855)[36], Isḥāq ibn Rāhwayh/Rāhūyah (d. 238/853)[37]and others.
  4. There is no narration or historical account that indicates that the companions or their followers would refrain from performing Ṣalāh behind an Imam who held another opinion on a jurisprudential matter such as this one.
  5. Performing Ṣalāh with the large congregation in Makkah and Madīnah is a means of immense reward.
  6. Abstention from performing Witr Ṣalāh in congregation in Makkah and Madīnah is not conducive to unity and could lead to friction and division.
  7. Advising the general public to refrain and walk away from the congregational Witr Ṣalāh could result in many people believing that the other schools of thought are erroneous and that the Ḥanafī school of thought is the only correct school of thought. This also results in disregard for the narrations cited above.
  8. Thousands of people walking away as the congregational Witr Ṣalāh begins would disturb and possibly harm others due to the congestion.
  9. This would also create gaps within rows.
  10. Following another school of thought or a minority view within a school is not impermissible if there is a need to do so, especially when there is no fulfilment of personal desires.

It is therefore advisable for those visiting Saudi Arabia to perform Witr Ṣalāh behind the Imam. Additionally, there is no need to repeat the Witr Ṣalāh as this is contrary to the Prophetic narration that suggests that Witr Ṣalāh should not be performed twice in one night.[38] Similarly, one should follow the Imam and perform the Salām after the second Rakʿah. This is because the Prophet ﷺ has said, “The Imam is appointed so that he is followed.”[39] It should also be borne in mind that the validity of Witr Ṣalāh described above is not restricted to Makkah and Madīnah. [40]

Allah knows best

Yusuf Shabbir, Blackburn, UK

9 Jumādā al-Thāniyah 1437 / 19 March 2016

www.nawadir.org

Click here for a related question and answer.

Footnotes

[1] Tabyīn al-Ḥaqāʾiq (1: 171); al-Baḥr al-Rāʾiq (2: 42); Radd al-Muḥtār (2: 8).

[2] Ḥāshiyah Durar al-Ḥukkām (1: 112); Tabyīn al-Ḥaqāʾiq (1: 171); Minḥat al-Khāliq (2: 51); al-ʿInāyah (1: 438); Ḥāshiyah al-Ṭaḥṭāwī (1: 385); Radd al-Muḥtār (2: 8).

[3] Siyar Aʿlām al-Nubalāʾ (16: 131); al-Jawāhir al-Muḍiyyah (2: 68); Tāj al-Tarājim (1: 264).

[4] Fatḥ al-Qadīr (1: 437); Tabyīn al-Ḥaqāʾiq (1: 171); al-Baḥr al-Rāʾiq (2: 42); Radd al-Muḥtār (2: 8).

[5] Al-Jawāhir al-Muḍiyyah (1: 84); Tāj al-Tarājim (1: 96); al-Aʿlām (1: 171).

[6] Manẓūmah Ibn Wahbān (manuscript, p. 4); Ḥāshiyah Durar al-Ḥukkām (1: 112); al-ʿArf al-Shadhī (1: 71); Maʿārif al-Sunan (1: 163; 4: 170).

[7] Al-Durar al-Kāminah (3: 230); al-Manhal al-Ṣāfī (7: 378); Tāj al-Tarājim (1: 198); al-Aʿlām (4: 180).

[8] Fatḥ al-Qadīr (1: 437). Mulla ʿAli al-Qārī (d. 1014/1605) in Majmūʿah Rasāʾil (3: 332) appears to defend his view on this particular issue.

[9] Al-Ḍawʾ al-Lāmiʿ (6: 109); al-Manhal al-Ṣāfī (5: 394; 7: 193); al-Aʿlām (5: 57).

[10] Ramz al-Ḥaqāʾiq (1: 45).

[11] Majmūʿah al-Fatāwā (p. 192); Sharḥ al-Hidāyah (2: 34); ʿUmdat al-Riʿāyah (2: 392).

[12] Fayḍ al-Bārī (1: 458).

[13] Al-ʿArf al-Shadhī (1: 70); Maʿārif al-Sunan (1: 161).

[14] Maʿārif al-Sunan (1: 163; 4: 170).

[15] Fatāwā Ḥaqqāniyyah (3: 242).

[16] Jadīd Fiqhī Mabāḥith (13: 32).

[17] For the Darul Uloom Deoband Fatwa refer to the appendix (click here).

[18] The Fatwa approved by a group of scholars from Darul Uloom Karachi is available in the appendix and is downloadable from the following link: Darul Uloom Karachi Fatwa Regarding Witr in Haramayn.

[19] Ibid.

[20] Kitāb al-Nawāzil (4: 562).

[21] Kitāb al-Nawāzil (4: 562); Jadīd Fiqhī Mabāḥith (13: 181). We have been unable to identify his year of birth. In Fatāwā Qāsmiyyah (8: 115), he attributes the permissibility view to Mufti ʿĀshiq Ilāhī Bulandshahrī (d. 1422/2001), the resident Mufti of the Ḥanafīs of Saudi Arabia.

[22] Jadīd Fiqhī Mabāḥith (13: 136); Kitāb al-Fatāwā (2: 330).

[23] Ṣaḥīḥ al-Bukhārī (991).

[24] Sunan al-Bayhaqī (3: 36); Muṣannaf ʿAbd al-Razzāq (4653).

[25] Muṣannaf ʿAbd al-Razzāq (4672).

[26] Muṣannaf ʿAbd al-Razzāq (4672).

[27] Sunan al-Bayhaqī (2: 32); al-Mugnī (2: 100); al-Majmūʿ Sharḥ al-Muhadhdhab (4: 22).

[28] Mukhtaṣar Kitāb al-Watr (p. 20).

[29] Ibid.

[30] Ibid; al-Mugnī (2: 100).

[31] Al-Mugnī (2: 100).

[32] Ibid.

[33] Ibid; al-Majmūʿ (4: 24).

[34] Al-Mudawwanah (1: 212); Mukhtaṣar Kitāb al-Watr (p. 20).

[35] Al-Umm (1: 164); al-Majmūʿ (4: 24).

[36] Sunan al-Tirmidhī (461); Mukhtaṣar Kitāb al-Watr (p. 20); al-Mugnī (2: 100).

[37] Ibid.

[38] Sunan Abū Dawūd (1439); Sunan al-Tirmidhī (470); Sunan al-Nasāʾī (1679); Muṣannaf Ibn Abī Shaybah (2: 84); Ṣaḥīḥ Ibn Khuzaymah (1101); Ṣaḥīḥ Ibn Ḥibbān (2449); Musnad Aḥmad (16289; 16296).

[39] Ṣaḥīḥ al-Bukhārī (378).

[40] In Shaʿbān 1438, the Shāfiʿī scholar Mawlānā Ṭāhā Karaan of South Africa informed me during his visit to the UK that his father Mawlānā Yūsuf Karaan (d. 1436/2015) once visited Darul Uloom Deoband in the month of Ramaḍān where he led Witr Ṣalāh in accordance with the Shāfiʿī method with a Salām after the second Rakʿah and also recited the qunūt supplication after rukūʿ. Some students objected to this after the Ṣalāh had completed. Mawlānā Fakhr al-Ḥasan (d. 1393), the famous teacher of Sunan Abū Dāwūd, commented: “Bewuqūf, yeh bhee sunnat hey” (Fool! This is also Sunnah).