The scholars agree that it is obligatory for one who has
forgotten the salah or slept through its time to make up the
missed [qada') prayer. This opinion is based on the hadith of
the Prophet mentioned earlier: "There is no negligence
while one is asleep but forgetfulness occurs when one is
awake. If one of you forgets the prayer or sleeps through its
time, then he should perform the salah when he recalls
it." If one falls unconscious, then he need not repeat
the salah, unless he regains his consciousness with enough
time to purify himself and perform the salah within its proper
time.
'Abdurrazaq relates from Naf'i that Ibn 'Umar once fell
sick and became unconscious and missed the prayer. When he
regained his consciousness, he did not make up the missed
prayer.
Ibn Juraij reports from Ibn Tawus on the authority of his
father that if a sick person becomes unconscious, he is not to
make up the prayers he missed .
Mu'ammar relates: "I asked az-Zuhri about one who
becomes unconscious, and he said that he is not to make up the
salah he missed."
Hamad ibn Salamah relates from Yunus ibn 'Ubaid that both
al-Hassan al-Basri and Muhammad ibn Sireen said that a person
who falls unconscious is not to make up the prayers he may
miss.
Concerning missing a salah intentionally, the majority of
the scholars say that it is a sin and the missed salah must be
made up for. Ibn Taimaiyyah says:
He may however, resort to increasing his voluntary and
supererogatory acts. Ibn Hazm has thoroughly discussed this
question. The following is a summary of what he says on this
subject:
Concerning one who leaves a salah intentionally until its
time expires, he will never be able to make up for that salah.
Such a person should turn to Allah and ask His forgivness and
increase his good deeds and nawafil in order to increase his
weight [of good] on the Day of Resurrection. Abu Hanifah,
Malik, and ash-Shaf'i say that he can make up the prayer after
its time has expired, and Malik and Abu Hanifa even say that
if a person intentionally misses a prayer or a few prayers,
then he is to make up those prayers before he prays the
present salah, even if he has missed all five prayers and
should, while making them up, miss the present salah. They say
that if he missed more than five prayers, he is to begin by
praying the salah whose time is present [and then he is to
make up the prayers he missed]. The proof for our position [i.e,
the position of Ibn Hazm] is found in the words of Allah, the
Exalted: "Woe unto the worshippers who are heedless of
their prayers,'' and: "And then there succeeded them a
later generation who wasted the prayers and followed their own
lusts, but they will meet with destruction." If one who
intentionally misses a salah could make it up later, then why
is it mentioned with affliction or transgression? Of course,
there is no affliction or transgression on one who delays the
salah. But the case of one who procrastinates until the last
portion of its permissible time expires is quite different.
Allah, the Exalted, has appointed certain times for the fard
salah; both the beginning time and the ending time for the
salah have been established, and there is no difference
between praying a salah before its time and praying it after
its proper time elapses because, in both cases the salah is
not performed within its prescribed time. This is not to draw
an analogy between one and the other but it is applying the
same rule to them as they both must be performed within the
limits set by Allah. Allah, the Exalted, says: "Whoever
transgresses the limits set by Allah has verily wronged his
own soul!" : The principle of making qada' must be
established by the proper sources of Islamic law. Legislating
[in shari'ah] is not permissible, save by Allah's authority as
evidenced by His Prophet.
We ask those people who say that one may make qada' for a
salah which he misses intentionally: "Tell us about this
salah that you want him to perfom, is it the same salah that
Allah ordered him to perform or is it a different one?"
If they say it is the same one, then we may say to them:
"Then one who misses it intentionally is not guilty of
being disobedient [to Allah, the Exalted], as he has done what
Allah had ordered him to do, and there is no sin upon him
according to your statement and likewise there should be no
blame upon one who intentionally delays a salah until its time
expires, but that is not an acceptable position for any
Muslim." If they say that it is not the salah which Allah
ordered, we may say: "You have told the truth," and
this is a sufficient confession from them. Then, we may ask
them: "Is one who intentionally leaves the salah until
its time expires being obedient or disobedient to Allah?"
If they say obedient, they will be differing from the
consensus of the Muslims and the Qur'an and the confirmed
sunnah. If they say he is being disobedient, they are speaking
the truth and it is not valid that an act of disobedience
should replace an act of obedience. Also, Allah, the Exalted,
has set specific limits, through the tongue of His Messenger,
for the times of the salah. Each salah has a specific
beginning time, and no one may perform the salah before that
time, and each prayer has a specific ending time, and no one
may perform the salah after that time. No one of this ummah
will dispute that point. However, if one is allowed to pray
after the time set by the Messenger of Allah, then setting an
ending time for the salah has no meaning to it. Such an
opinion is nonsense and may Allah, the Exalted, keep us from
it. Every action is connected with a certain time and it is
not valid outside of that time; if it was valid outside of
that time, what would be the purpose of that time being
specifically singled out for that act? [The logic of this
argument] is clear and Allah, the Almighty, is our Supporter.
Ibn Hazm discusses this point at great length, and adds:
"If making up a salah is obligatory for one who has left
a salah, even after its time has expired, why is it that Allah
and His Messenger have chosen not to mention that fact as
(surely) they did not forget it: "And your Lord is not
forgetful!" Any law that is not based on the Qur'an or
the sunnah is not valid. It has been authentically reported
that the Prophet said: "Whoever misses the 'asr salah, it
is as if he has lost his family and his property." It is
correct to say that if one "misses" something, he
cannot make it up, for if he makes it up or could make it up,
the act would not be "missed." The entire Muslim
ummah is in agreement with the statement and ruling that if
the time of the salah has elapsed, then the salah is
"over" [i.e., "qada" in Arabic], but if
one can make it up, the statement that the salah is
"over" becomes false and untrue; therefore, there is
no way that it could ever be made up. The people who agree
with us on this include 'Umar ibn al-Khattab, his son
'Abdullah, Sa'd ibn Abi Waqas, Salman al-Farsi, ibn Mas'ud,
al-Qasim ibn Muhammad ibn Abu Bakr, Budail al-'Uqaili,
Muhammad ibn Sireen, Mutraf ibn 'Abdullah, 'Umar ibn 'Abdulaziz,
and others. Allah has left no excuse, for anyone required to
perform the salah, to delay the salah from its proper time for
any reason whatsoever, not even during times of fighting,
fear, extreme illness, or travelling. Allah says: "And
when you are among them and arrange them for salah, let only
one party be with you" And: "But if you are in
danger, then walking or riding." Allah, the Exalted, does
not permit even the extremely sick person to delay the salah.
In fact, such a person has been ordered to pray sitting, if he
cannot pray standing, and if he cannot pray sitting, then he
may pray on his side. Also, if one cannot make ablution with
water, he may make tayammum; and if he cannot find soil to
make tayammum, he may still pray. Whence has the permission
been obtained that one may intentionally leave the salah until
its time is finished and who has ordered that it be performed
after its time and how is it that the belated salah would be
sufficient? None of this is derived from the Qur'an, Sunnah,
Qiyas (analogical reasoning), and so forth.
Ibn Hazm further says: "Concerning our statement that
the one who intentionally leaves a salah until its time
expires is to repent to Allah, the Exalted, ask for His
forgiveness, pray an increased number of nawafil, and do good
deeds. This statement is based on Allah's words: "Then
there succeeded them a generation who missed prayers and
followed after lusts. But they will meet destruction save him
who repents and believes and does right. Such will enter the
garden and will not be wronged," and: "...those who,
when they do an evil thing or wrong themselves, remember Allah
and implore forgiveness for their sins - who forgives sins,
save Allah - and will not knowingly repeat the wrong they
did," and: "Whoever does an atom's weight of good
shall see it and whoever does an atom's weight of evil shall
see it," and: "...We set a just balance for the day
of resurrection so no soul shall be wronged."
This [Muslim] ummah is in agreement, and there are texts
that state that voluntary acts are a type of good deeds and
Allah knows how much they are really worth. It necessarily
follows that a number of voluntary works may be equivalent in
merit to an obligatory deed and may even amount to a greater
merit. Furthermore, Allah has informed us that He does not
waste the action of any person and that the good deeds erase
the evil ones.
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