Hanifi Fiqr Part 1

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7.0 SPECIAL OCCASIONAL PRAYERS

7.1 Jumu`ah Prayer

Conditions for Validity
1. Jumu`ah is not valid except in a large town, or in the prayer-ground of the large town. It is not permissible in villages.
2. It is not permissible to establish it except with the ruler, or one whom the ruler has ordered [to establish it].
3. Among its conditions is the time. It is valid in the time of zuhr, and it is not valid after it.
4. Among its conditions is the khutbah before the salah.
If he restricted himself to remembrance of Allah, it is valid according to Abu Hanifah. Abu Yusuf and Muhammad said : it is essential to have a long reminder which could be called a khutbah.
5. Among its conditions is a group (jama`ah).
Their minimum according to Abu Hanifah is three apart from the imam. Abu Yusuf and Muhammad said : two apart from the imam.

Obligation of Jumu`ah
1. Jumu`ah is not obligatory on a traveller, nor a woman, nor an invalid, nor a slave, nor a blind person. But, if they attend and pray with the people, it suffices them for the fard of the time.

It is permissible for travellers, slaves, invalids and the like to lead in jumu`ah.
It is disliked for excused people to pray zuhr in jama`ah on the day of jumu`ah, and similarly the people of a prison.
2. The salah of one who prayed zuhr at home on the day of Jumu`ah, before the imam’s salah, without an excuse, is valid, but that is [prohibited] for him. If it occurs to him to attend jumu`ah, such that he set out towards it, the zuhr salah ir invalidated by his setting forth - according to Abu Hanifah. Abu Yusuf and Muhammad said : it is not invalidated until he enters [into salah] with the imam.
3. When the mu’adh-dhin calls the first adhan on the day of jumu`ah, people stop buying and selling, and set out for salat al-jumu`ah.
Regulations of the Salah
1. The imam recites audibly in the two rak`ahs.
2. There is no specific surah to recited in them.
3. Whoever joined the imam on the day of jumu`ah prays with him whatever he caught, and builds jumu`ah on that basis. If he joined him in the tashahhud, or in the Prostrations of Inattentiveness, he performs jumu`ah accordingly - according to Abu Hanifah and Abu Yusuf. Muhammad said : if he caught with him most of the second rak`ah, he performs jumu`ah accordingly, but if he caught less than that, he completes it as zuhr.

Sunnah Aspects of the Khutbah
1. When the imam comes emerges on the minbar on the Day of Jumu`ah, people stop performing salah, and [stop] talking until he has finished his khutbah.
2. When the imam ascends the minbar, he sits down, and the mu’adh-dhin calls [the second] adhan in front of the minbar.
3. The imam delivers two khutbahs, separating them with a sitting.
4. He delivers the khutbah standing, in a state of purity.
5. If he delivered the hutbah sitting, or not in a state of purity, it is valid, but disliked.
6. When he has finished from the khutbah, the call the iqamah for the salah, and [then] pray.

7.2 Prayers of the Two `Ids

`Id al-Fitr
1. It is recommended on the Day of Fast-Breaking (Fitr) for the person, before leaving for the prayer-ground:

To eat,
To perform ghusl,
To apply perfume.
2. One sets out for the prayer-ground. According to Abu Hanifah, one does not pronounce takbir [audibly] on the way to the prayer-ground. According to the two : one pronounces takbir [audibly].
`Id al-Adha
1. It is recommended on the Day of Sacrifice (Adha) :

to perform ghusl,
to apply perfume,
to delay eating until having finished from the salah.
2. One sets out for the prayer-ground, pronouncing takbir [audibly]
Salat al-`Id
1. One does not perform nafl salah in the prayer-ground before salat al-`id.
2. When the salah becomes permissible, by the sun ascending [a spear’s height after sunrise], the time for [salat al-`id] has entered, [and it remains] until midday.

If the new crescent was obscured from people, such that they testified before the imam about seeing the crescent after midday, [the imam] performs `id [salah] the next day. Then, if some excuse occurs, preventing the people from salah on the second day, he does not perform it after that.
If an excuse occurred preventing the people from [performing] the salah on the Day of Sacrifice, he performs the salah the next day, or the day after. He does not perform it after that.
3. The imam leads the people in two rak`ah.
In the first [rak`ah] he pronounces the opening takbir, and three [takbirs] after it. Then, he recites the Opening of the Book and a surah with it. Then, he pronounces a takbir, going into ruku` with it.
Then, he starts the second rak`ah with recitation. When he has finished from the recitation, he pronounces three takbirs. He pronounces a fourth takbir, going into ruku` with it.
One raises one’s hands in the takbirs of the two `ids.
4. Then, he delivers two khutbah after the salah teaching people about Sadaqat al-Fitr and its regulations [on `Id al-Fitr].
[On `Id al-Adha] he delivers two khutbah after [the salah] teaching people therein about the Sacrifice and the Takbirs of Tashriq.
5. Whoever misses salat al-`id with the imam does not make it up.
The Takbirs of Tashriq
1. The first of the takbirs of tashriq is after salat al-fajr on the Day of `Arafah. According to Abu Hanifah, the last of it is after salat al-`asr on the [first] Day of Sacrifice. Abu Yusuf and Muhammad said : [it lasts] until salat al-`asr of the last of the Days of Tashriq.
2. The takbir is after the fard prayers, and it is that one say : Allahu Akbar Allahu Akbar, La ilaha illallahu Wallahu akbar, Allahu Akbar wa-Lillahil-Hamd.

7.3 Eclipse Prayer

1. When the sun is eclipsed, the imam performs with the people two rak`ah, in the manner of nafl, with one ruku` in each rak`ah.
2. He prolongs the recitation in both [rak`ah]. He recites inaudibly according to Abu Hanifah. Abu Yusuf and Muhammad said : he recites audibly.
3. Then, he supplicates after that, until the sun appears again.
4. The imam who leads the people in jumu`ah leads them [in the solar-eclipse] prayer. If he did not assemble [the people to pray], the people pray it individually.
5. There is no khutbah in the solar-eclipse.
6. There is no group [prayer] for the lunar eclipse. Each individual merely prays on his own.

7.4 Prayer for Rain

1. Abu Hanifah (may Allah’s mercy be upon him) said : there is no [emphasized] sunnah salah in a group to pray for rain [although it is recommended], but if people pray singly, it is permissible. [The emphasized aspect of] praying for rain is merely supplication and seeking forgiveness.
Abu Yusuf and Muhammad said : [it is sunnah that] the imam lead the people in two rak`ah, making the recitation audible in them. Then, he delivers a khutbah [or two].
2. He faces the qiblah in supplication. The imam switches his cloak around [when starting the supplication], but the people do not switch their cloaks around.
3. The People of the Covenant [of Jizyah] do not attend the Prayer for Rain.

7.5 The Vigil of Ramadan (Tarawih)
1. It is recommended that the people gather in the month of Ramadan after `isha’, so that their imam can lead them in five tarwihah, with two taslim in each tarwihah.
2. He sits between every two tarwihah the duration of a tarwihah.
3. Then he leads them in witr.

Witr should not be performed with a group in other than the month of Ramadan.

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8.0 FUNERALS

8.1 Preparation of the Body

1. When [death] approaches a man, he is turned towards the qiblah on his right side, and the Two Testifications are suggested to him.
2. Then, when he dies, they tie his jaws [shut] and close his eyes.
3. When they want to wash him, they put him on a dais, place a cloth over his nakedness and remove his clothes. They perform wudu’ for him, but do not rinse his mouth, nor his nostrils [unless he was in janabah]. Then, they pour water over him. The dais is perfumed thrice with incense. The water is boiled with lote-leaves, or with saltwort, but if there is none then pure water [is used]. His head and beard are washed with marsh mallow. Then, he is made to lie on his left side, and is then washed with water and lote until it is seen that the water has reached to that [part] of [the body] adjacent to the dais. Then, he is made to lie on his right side, and then washed with water and lote until it is seen that the water has reached to that [part] of [the body] adjacent to the dais. Then [the washer] makes him sit up, and to lean against him, and he wipes his stomach with a gentle stroke. Then, if anything emerges from him, he washes [that area], but does not repeat his ghusl.
4. Then, he wipes him with a cloth and puts him in his shrouding garments. He puts hunut on his head and his beard, and camphor on the places of prostration.
5. Any [fetus] that produces a sound after birth is prayed over. If it did not produce a sound, it is wrapped in a cloth, and it is not prayed over.

8.2 Shrouding

1. The sunnah is that a man be shrouded in three shrouds : a waist-wrapper (izar), an upper garment (qamis) and a wrapper (lifafah), but if they restrict [it] to two shrouds, it is permissible. When they desire to wrap the wrapper around him, they begin with the left side, putting [the shroud] over it, then the right side. If they fear the shroud may unfold from him, they tie it.
2. A woman is shrouded in five garments : a waist-wrapper, an upper-garment, a scarf, a piece of cloth with which her breasts are tied, and a wrapper. If they restrict [it] to three shrouds, it is permissible. The scarf should be on top of the upper-garment under the wrapper. Her hair is placed on her chest.
3. The deceased’s hair is not combed, nor his beard, nor are his nails cut, nor is his hair braided.
4. The shrouds are perfumed with incense an odd number of times before he is inserted into them.
5. When they are done with this, they pray over him.

8.3 The Funeral Prayer

1. The most worthy of people to pray over him is the ruler if he is present. But, if he is not present then it is recommended to send ahead the imam of his locality, then the waliyy. If [someone] other than the waliyy or the ruler prayed over him, the waliyy repeats [the prayer], but if the waliyy prayed then it is not permissible for anyone to pray after him.
2. The prayer should not be performed over the deceased in a group[-prayer] mosque.
3. The prayer is :

that one pronounce a takbir, extolling Allah, the Exalted, after it,
then, one pronounces a takbir, and [then] sends salutations on the Prophet (may Allah bless him and grant him peace),
then one pronounces a takbir, supplicating therein for himself, for the deceased and for the Muslims.
then one pronounces a fourth takbir and pronounces taslim.
4. If he was buried without the prayer being performed over him, it is performed over his grave.

8.4 Burial

1. Then, when they carry him on his dais, they hold its four ‘legs’, and walk with it swiftly [but] without racing.
2. Then, when they reach his grave, it is disliked for people to sit before it is let down from the men’s shoulders.
3. The grave is dug and an incision is made in the qiblah-side wall.
4. The deceased should be entered from [the side] adjacent to the qiblah. When he is placed in the incision, the one placing him says, Bismillah wa-`ala millati Rasulillah, and faces him to the qiblah. He unties the knot, and arranges unbaked bricks in [the incision]. It is disliked to use baked bricks and wood. There is no harm in [using] straw [in addition].
5. Then, the soil is piled on. The grave is raised like a camel’s hump, and not flattened.

8.5 The Martyr

1. The martyr (shahid) is someone whom the pagans killed, or who was found in the battle-field with the mark of wounding on him, or who was killed wrongfully by the Muslims and for whose death blood-money did not become due [initially].

One who is killed in a prescribed punishment, or retaliatory execution, is washed and prayed over.
Those rebels and highway robbers who are killed are not prayed over.
2. [The martyr] is shrouded and prayed over, but he is not washed. If one in janabah was martyred, [then] according to Abu Hanifah he is washed. Similar [is the case with] the child. Abu Yusuf and Muhammad said : they are not washed. The martyr’s blood is not washed off him, nor are his clothes removed, but furs, khuffs, padded garments and weapons are removed from him.
3. One who lingered [in dying] is washed. Lingering is :
that he eat, or drink,
or receive medical treatment,
or remain alive until the time of one salah passes over him while he is conscious,
or that he be transported from the battle-field alive.

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PURIFYING CHARITY (ZAKAH)

(According to the Qur'an and Sunnah,
as extracted and inferred by scholars of the Hanafi school.)
From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

Obligation
Silver
Gold
Trade Goods
Recipients
Sadaqat al-Fitr

1.0 OBLIGATION

1. Zakat is obligatory on

- the free, adult sane Muslim,
- when he possesses the nisab with complete possession, and
- a [lunar] year has passed over it.
There is no zakat [obligatory] upon a child, nor an insane person, nor a mukatib.
There is no zakat [obligatory] upon anyone who has a [due] debt encompassing his money. But, if his money is more than the debt, he pays zakat on the excess if it reaches nisab.
If one advance-pays the zakat before the year [has passed over it], and he possesses nisab, it is valid.
If wealth is destroyed after the obligation of zakat [has become due], it is waived.

2. [Zakat due (in various proportions) on :

gold
silver
cash
trade-goods
freely-grazing livestock kept for milk, breeding or fattening : camels, cows, sheep and goats.
produce (excluding firewood, reeds and grass).
buried treasures and metals.]
There is no zakat [obligatory] on:
residential homes,
body clothes,
household furniture,
riding-beasts,
slaves in service,
weapons of use.

3. It is not valid to offer zakat without an intention coinciding with the payment, or coinciding with the setting-aside of the obligatory portion.
One who gave all of his wealth in charity, without intending zakat, its obligation is waived from him.

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1.0 ZAKAT ON SILVER

1. There is no charity [obligatory] on any [silver]less than 200 dirhams.
[200 dirhams corresponds to19.69 troy oz and 612.36g.]
2. Then, if it is 200 dirhams, and a [lunar] years passes over it, 5 dirhams are are due for it.
3. There is nothing due on the excess until it reaches 40 dirhams, and then 1 dirham is due for it.
[Similarly] for every 40 dirhams, there is 1 dirham [due].
Abu Yusuf and Muhammad said : Whatever exceeds 200 [dirhams] its zakat is in proportion.
4. If the silver is dominant in silver coins, then their ruling is that of silver. But, if alloy is dominant then their ruling is that of trade goods, and its reaching nisab is taken into account.

2.0 ZAKAT ON GOLD

1. There is no zakat [obligatory] on any gold less than 20 mithqal.
[20 mithqal corresponds to 2.81 troy oz and 87.48g.]
2. Then, if it is 20 mithqal, and a [lunar] year passes over it, then half a mithqal is due for it.
3. Then, for every 4 mithqal, 2 qirat [are due].
There is no charity [obligatory] on any [gold] less than 4 mithqal according to Abu Hanifah.
4. There is zakat due on raw gold and silver, [as well as on] jewelry and vessels [made] of them.


3.0 ZAKAT ON GOODS

1. Zakat is obligatory on trade goods, whatever they may be, if their value reaches the nisab of gold or silver; one assesses it based on whichever of the two is more beneficial for the poor and destitute.
2. If the nisab is complete at teh two ends of the [lunar] year, then its dropping in between that does not waive the zakat.
3. The value of goods is added to gold and silver.
Similarly, gold is added to silver in value in order to reach the nisab, according to Abu Hanifah. Abu Yusuf and Muhammad said : Gold is not added to silver by value, but it is added by parts.

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5.0 THOSE TO WHOM IT IS AND IS NOT ALLOWED TO GIVE ZAKAT

5.1 Those Who May Receive Zakat

Allah, the Exalted, says, (translated),
"Alms are only for the poor, the destitute, those who collect them, those whose hearts are to be reconciled, for [mukatib] slaves, debtors, and in the Path of Allah, and the wayfarer. An [ordained] obligation from Allah. And Allah is Knowing, Wise." [Qur’an, 9:60]
These, then, are eight categories, out of which ‘those whose hearts are to be reconciled’ have dropped, because Allah has granted honor to Islam and has freed [it] of need of them.
The Poor : is one who has the least of things.
The Destitute : is one who has nothing.
The [Zakat-]Worker : is paid by the imam in proportion to his work, if he worked.
Slaves : the mukatibun are assisted in freeing themselves.
The Debtor : is one on whom a debt is incumbent.
In the Path of Allah : are the stranded fighters.
The Wayfarer : is one who has money in his home-land, but is in a place in which he has nothing.
These, then are the sections of zakat.
The possessor may pay [some] to each of them, or he may restrict himself to one category.

5.2 Causes Not Eligible for Receipt of Zakat

1. It is not permissible for one to give zakat to a dhimmi,
2. Nor may a mosque be built with it,
3. Nor may a dead person be shrouded with it,
4. Nor may a slave be bought with it to free,
5. Nor may it be payed to a rich person.

5.3 Relationships Making One Ineligible to Receive Zakat

1. Nor may the payer of zakat pay it to his father, nor his grandfather even if higher [up in ascendancy],
2. Nor to his child, nor his child’s child, even if lower [down in descendancy],
3. Nor to his wife.
A woman may not pay [her zakat] to her husband, according to Abu Hanifah. Abu Yusuf and Muhammad said : she may pay [it] to him.
4. One may not pay [one’s zakat] to one’s mukatib or slave, nor to the slave of a wealthy person, nor to the child of a wealthy person if he is a minor.
5. It may not be paid to Banu Hashim, and they are : the Household of `Ali, the Household of `Abbas, the Household of Ja`far, the Household of Harith ibn `Abd al-Muttalib; nor to their freed slaves.

5.4 Miscellaneous Regulations

1. Abu Hanifah and Muhammad said : If one pays zakat to a man whom one thinks to be poor, and then it transpires that he is rich, or Hashimi, or an unbeliever, or [if] one paid [it] in darkness to a poor person, and then it transpired that he was his father or his son, then repeating it is not [obligatory] upon him.
Abu Yusuf said : Repetition is [obligatory] upon him.
If one paid [it] to a person, and then he learned that he is his slave or mukatib, it is not valid according to the verdict of them all.
2. It is not permissible to pay zakat to anyone who possesses the nisab of whatever type of wealth it may be. It is permissible to pay it to anyone who possesses less than that, even if he is healthy and earning.
3. It is disliked to transfer zakat from one land to another; rather the alms of each people should be distributed amongst them, unless a person transfers it it to his relatives, or to a people who are more in need than the people of his land.

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FASTING (SIYAM)

(According to the Qur'an and Sunnah,
as extracted and inferred by scholars of the Hanafi school.)
From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

The Obligation of Fasting
The Intention
Sighting the Crescent
For Ramadan
For `Id
Actions of the Fasting Person
Things that do not break the fast
Things that are disliked for the fastiung person
Things that break the fast and require a makeup
Things that break the fast, and require makeup and expiation
Excuses
Those who may postpone fasting
Making up missed fasts
Fidyah
Seclusion

1.0 THE OBLIGATION OF FASTING

1. The time for fasting is from the rising of the second dawn until the setting of the sun.
2. Fasting is : abstention from eating, drinking and sexual intercourse by day with the intention.
3. If in Ramadan a child reached adulthood, or an unbeliever accepted Islam, they abstain [from things which invalidate fasting] for the remainder of that day, and fast that which comes thereafter. They do not make up what passed.
4. If a traveller arrives [at his place of residence], or a [menstruating] woman attains purity with part of the day [remaining], they abstain [from those things which invaliate fasting] for the rest of that day.


1.0 THE INTENTION

Fasting is of two sorts : obligatory and supererogatory (nafl).
1. The obligatory is of two sorts :
among it is that which is attached to a specific time, such as the fast of ramadan, and a specified vow. The fasting of [this category] is valid with an intention from the night, but if one did not intend until the morning, the intention suffices him between [dawn] and {the middle of the day}.
The second sort is that which becomes obligatory to fulfil, such as the make-up [fasts] of Ramadan, unrestricted vows, and atonements. These are not valid without an intention from the night.
2. All of the nafl is valid with an intention before {the middle of the day}.


2.0 SIGHTING THE CRESCENT

3.1 For Ramadan

1. It is imperative for the people to seek the new crescent on the twenty-ninth day of Sha`ban. Then, if they see it, they fast [the following day], but if it is obscured from them, they complete the couting of Sha`ban as thirty days and then fast [after that].
2. Whoever sights the new crescent of Ramadan alone fasts, even if the imam does not accept his testimony.
3. If there is some obstruction in the sky, the imam accepts the testimony of one upright [Muslim] - be that male or female, free-man or slave - for the sighting of the crescent. But, if there is no obstruction in the sky, [one individual’s] testimony is not accepted until a large multitude sight it, by whose report [certain] knowledge is attained.

3.2 For `Id

1. Someone who alone sights the crescent for ending the fast does not stop fasting.
2. When there is some obstruction in the sky, only the testimony of two men, or one man and two women, is accepted for [sighting of] the crescent for ending the fast. But, if there is no obstruction in the sky, only the testimony of a large multitude -- by whose report [certain] knowledge is attained -- is accepted.

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4.0 ACTIONS OF THE FASTING PERSON

4.1 Things that do not break the fast

1. If the fasting one ate, or drank, or had sexual inercourse out of forgetfulness [that he was fasting], his fast is not broken.
2. If he slept and then had an erotice dream, or looked at a woman and ejaculated, or oiled [his head], or underwent blood-letting, or used antimony [in his eyes], or kissed, his fast is not broken.
3. If one is overcome by vomiting, his fast is not broken.
4. If he applied drops inside his urethra, his fast is not broken according to Abu Hanifah. Abu Yusuf said : his fast is broken.

4.2 Things that are Disliked for the Fasting Person

1. If someone tastes something with his mouth, his fast is not broken, but it is disliked for him to do that.
2. It is disliked for a woman to chew the food for her infant if she has some alternative.
3. Chewing gum does not break the person’s fast, but it is disliked.

4.3 Things that Break the Fast and require Makeup

1. If he ejaculated on account of a kiss or touch, then make-up is due upon him.
There is no harm in kissing if he feels himself safe, but it is disliked if he does not feel safe.
2. Makeup is due, but not expiation, for someone who had intercourse in other than the private parts and ejaculated.
3. If one deliberately made himself vomit a mouthful then makeup is due upon him.
4. The fast of someone who swallows pebbles or iron is broken.
5. Whoever had an anal enema, or applied nose-drops, or ear-drops, or treated a torn belly or a skull-fracture with medicine such that it reached his body cavity or his brain, his fast is broken.

6. If someone had suhur thinking the dawn had not [yet] risen, or broke his fast thinking the sun had set, and then it turned out that the dawn had risen, or that the sun had not set, makes up that day, but there is no expiation due on him.
7. Someone who lost consciousness in Ramadan does not make up the day on which the loss of consciousness occurred, but he makes up that which came after it.
8. If an insane person regained sanity with part of Ramadan [remaining], he makes up what passed of it.
9. If a woman menstruates, she stops fasting and makes up [fasting for the days of menstruation].

10. Whoever enters into an optional fast, or an optional prayer, and then spoils it, makes it up.

4.4 Things that Break the Fast and require Makeup and Expiation

1. Expiation is due on someone who
deliberately has sexual intercourse in one of the two passages,
or eats or drinks something which provides nutrition, or is used for treatment
2. The expiation is like the expiation for zihar.
3. There is no expiation for spoiling a fast in other than Ramadan.

1.0 EXCUSES

5.1 Those who may Postpone Fasting

1. Someone who is sick in Ramadan, and fears that if he fasts his sickness will increase, breaks his fast and makes [it] up [later].
2. If one is a traveller who is not harmed by fasting, then for him to fast is preferable, but if he does not fast and makes it up [later] it is permissible.
3. The pregnant or nursing woman, if they fear for their children, do not fast and make it up, and there is no redemption due upon them.

5.2 Making up Missed Fasts

1. The makeup of Ramadan may be performed separately if one wishes, or consecutively if one wishes.
2. If one delayed it until another Ramadan entered, he fasts the second Ramadan, and makes up the first after it, and there is no redemption due upon him.
3. If the invalid or the traveller dies while they are in that condition, makeup is not incumbent upon them. But, if the invalid recovers, or the traveller takes up residence, and then they die, makeup is incumbent upon them for the extent of the health or residence.

5.3 Redemption (Fidyah)

1. The aged man who is not capable of fasting does not fast, and for every day he feeds a poor person, just as one feeds in expiations.
2. Whoever died with makeup [fasts] of Ramadan due upon him, and bequeathed for it, his guardian, on his behalf, feeds for every day to one poor person : half a sa` of wheat, or one sa` of dates, or one sa` of barley.


2.0 SECLUSION (I`TIKAF)

1. Seclusion is praiseworthy. It comprises remaining in the mosque, with fast and the intention of seclusion.
2. It is prohibited for the secluded one :
• to have sexual intercourse
• to touch [with lust]
• to kiss
3. If the secluded one had sexual intercourse, by night or day, his seclusion is invalidated.
3. He should not exit from the mosque except for a a human need, or [for] Jumu`ah [prayer].
4. There is no harm in his buying or selling in the mosque without bringing the goods there.
5. He should speak only well, but [intentional] silence is disliked for him.
6. Whoever obligated upon himself seclusion for [a number of] days is obliged to to seclude himself for them along with their nights, and [the days] are consecutive, even if he did not stipulate consecutiveness.