In the Name of Allaah, the Merciful, may His Complete Salaah and Salaam be upon the finest of His Creation, His last Messenger Muhammad, and upon all his family members and companions, to proceed…
The great scholar, Shaykh Muhammad Naasir ad-Deen al-Albaanee (d.1420), may Allaah have Mercy on him, wrote in his exemplary book, Tamaam al-Minnah (pp.140-142):
As for his (Sayyid Saabiq’s [1]) statement:
“…And as for the time of ‘Eshaa’ Prayer then it extends until the time of Fajr, and this is understood from the hadeeth of Aboo Qataadah who said that the Prophet (sallallaahu ‘alayhe wa sallam) said:
“Negligence (regarding the prayer) is not from oversleeping, but negligence is found in the one who does not pray (while conscious and aware) until the time of the next prayer comes.”
Muslim collected it. The hadeeth proves that the time of every prayer extends until the entrance of the time for the following prayer, except for Fajr Prayer, for surely it’s time does not remain until Thuhr Prayer, rather the scholars have unanimously agreed that its time ends at sunrise…”
I say (Al-Albaanee): The author (Saabiq) is following Ash-Showkaanee [2] and others in they way they used this hadeeth as a proof. However there is no evidence in it for what they are concluding, especially when there is no mention of the times of the prayers in it, nor is it even in reference to the times of the prayers. This hadeeth only mentions the sin of the one who knowingly and intentionally delays the prayer until its time is gone, whether another prayer comes to end its time (like ‘Asr with Maghrib after it) or not (like Fajr with Thuhr after it).
This is proven by the fact that this narration is specifically regarding the Fajr Prayer itself, when the Prophet (sallallaahu ‘alayhe wa sallam) and his Companions slept through the time of Fajr during a journey. The Companions, may Allaah be pleased with them, were astounded by what happened to them, so the Prophet (sallallaahu ‘alayhe wa sallam) said to them:
“Am I not your example?”
Then he mentioned the hadeeth. This is how it is found in Saheeh Muslim and other books.
So if this hadeeth was intended to mean what they are claiming about the time of the prayers continuing until the entrance of the one that follows it, then it would be a clear proof that Subh (Fajr) extends to the time of Thuhr, but they are not saying that! Rather they are holding that Fajr is an exception to this rule. So these deductions, after we have made clear the reason the Prophet (sallallaahu ‘alayhe wa sallam) said his statement, are invalid, as certainly the hadeeth was mentioned specifically about the Subh (Fajr) Prayer, so how can it be an exception to the hadeeth?!?!
In reality the hadeeth is not legislating the times of the prayers, but it is an open disapproval of knowingly and consciously delaying the prayers from their times. Regarding this, Ibn Hazm said in response to the conclusion we have reviewed:
“This does not prove what they are saying, and they agree with us that the time of Subh (Fajr) does not extend until Thuhr. The hadeeth does not prove that the time of every prayer connects to the time of the one after it, it only exposes the wrongdoing of the one who delays the prayer outside of its time, whether the end of its time is connected to the beginning of another prayer or not.
Furthermore, the hadeeth does not negate the negligence of the one who delays his prayer until its time is over, even if the time of another prayer has begun, nor does it affirm his negligence, rather this report is silent regarding these things. These issues are addressed in other reports that specifically mention the times of the prayers individually and legislate their beginning and ending times. And we must say that anyone who transgresses the time limit of any action from those that Allaah legislated their proper times, he has transgressed the limits of Allaah, and He, Most High, says [3]:
( And whoever transgresses the limits of Allaah, they are the oppressors ) ” [4]
So when it becomes clear that the hadeeth is devoid of any evidence indicating that the time of ‘Eshaa’ Prayer lasts until Fajr, upon us is a return to the other narrations that are clear proofs about the legislation of the time of ‘Eshaa’, like his statement (sallallaahu ‘alayhe wa sallam):
“…and the time for ‘Eshaa’ Prayer is up until half of the night”
It is found in Muslim and elsewhere, and this narration exists in it entirity in the book (Fiqhus-Sunnah).
This is further supported by what ‘Umar bin Al-Khattaab wrote to Aboo Moosaa Al-Ash’aree, “…and pray ‘Eshaa’ before one-third of the night passes, unless you delay it, then to half of the night, but do not be from the heedless ones.” This report was collected by Maalik, At-Tahaawee, and Ibn Hazm, and its chain is saheeh.
This narration is clear evidence to show that the time of ‘Eshaa’ goes until the middle of the night [5] only, and this is what is correct. Ash-Showkaanee favored that, saying, “…and the last time for ‘Eshaa’ to be offered is the middle of the night.” [5] And Siddeeq Hasan Khaan followed him in his explanation [6], and a similar statement has been gathered from Imaam Maalik as found in Bidaayatul-Mujtahid [7]. And it is the choice of a group of Shaafi’ee scholars as well, like Aboo Sa’eed Al-Istakhree and others. [8]
Translated by: Moosaa Richardson
Contributions: Abdullah Smith (proofreading)
FOOTNOTES
[1] Translator’s note: He is the author of the book, Fiqhus-Sunnah, may Allaah have Mercy on him. Shaykh Al-Albaanee praised the book, saying, “Verily the book Fiqhus-Sunnah by Shaykh Sayyid Saabiq is from the finest books authored in its field that I have come across, by way of its fine organization, clear writing style, and an absence of complex and intricate phrases that are found in many books of Fiqh…” (Tamaam Al-Minnah, p.10)
Having said that, Shaykh Al-Albaanee went on to mention the problems with the book, and they are many. Sometimes Saabiq used weak or baseless narrations to prove his opinion, sometimes he called authentic narrations dha’eef (weak), sometimes he makes analogy in the presence of an authentic hadeeth, etc. Refer to the article What is Wrong With the Book Fiqhus-Sunnah? for full details of his mistakes.
So Shaykh Al-Abaanee, may Allaah reward him and have Mercy on him, went through the first parts of the book and made valuable comments and corrections. He then sent them to the author, along with an encouragement to fix these problems in the next printing of his book, but as the Shaykh said, “I was hoping for that, but now my hope is lost as this man has gone on printing his book upon the same blameworthy manner…” (Tamaam Al-Minnah, p.6)
The Shaykh then decided to gather his criticisms and corrections and print the book Tamaam Al-Minnah after seeing more and more printings of Fiqhus-Sunnah for over 35 years, without retracting from except a small number of his more obvious errors.
Shaykh Al-Albaanee first sent Sayyid Saabiq his own handwritten manuscript of Tamaam Al-Minnah (after making a copy for himself) in the year 1373, and then the book was published in 1409! May Allaah reward the Shaykh for his generous advice, patience, and obvious love for the Muslims.
[2] Translator’s note: See Naylul-Awtaar (1/430 of the Daar Al-Ma’rifah printing).
[3] The meaning of Soorah At-Talaaq (65):1
[4] Al-Mahallaa (3/178)
[5] Translator’s note: The night is from the setting of the sun to the entrance of the True Fajr, as agreed upon by the scholars.
[6] Ad-Durar Al-Bahiyyah (Translator’s note: See At-Ta’leeqaat Ar-Radhiyyah, 1/40. You may have noticed that Shaykh Al-Albaanee attributed both statements to Ash-Showkaanee – that ‘Eshaa’ extends only until half the night, and that it extends all the way to Fajr. There is no contradiction here, as Ash-Showkaanee often changed his positions on many issues, as found in his Fiqh books. This is one clear example of that as his own words show. I do not know, however, which of the two positions was his final choice.)
[7] Ar-Rowdhatun-Nadiyyah (1/69-70) (Translator’s note: See At-Ta’leeqaat Ar-Radhiyyah 1/356-359.)
[8] Translator’s note: See Bidaayatul-Mujtahid (1/241 of the Maktabatu Ibni Taymiyyah printing).
Assalaamu ‘alaikum wa rahmatullaah
May Allaah bless you.
I was just wondering, according to Saudi time, then what would be classed as the middle of the night? Is it directly in the middle between magrib and fajr? JazaakAllaahu khairan.
Also, (though this is probably the wrong place to put it) I was wondering if you have any articles on the scholars who say that we should pray 11 rakaahs in the masjid (even if the imaam is praying more) during taraaweeh. Do any scholars actually say it’s okay to walk out? (since this is an issue that gets argued time and time again). BaarakAllaahu feekum.
Wa ‘alaykis-salaamu wa rahmatullaahi. Let’s not define it by the minute precisely, as this might be going overboard in the religion. The middle of the night is roughly 12:30 a.m. in Saudi time.
Regarding the other issue, since the scholars agree that taraweeh is not an obligation, this means a person can choose not to pray it or part of it, and there is no blame on him. Especially if a person feels that the Sunnah is 11 and he wants to stick to it, and doesn’t feel comfortable praying beyond that, then why blame him? He has done nothing wrong whatsoever. Perhaps he will have more reward for his care about the precise number of rak’ah prayed by the Messenger (sallallaahu ‘alayhe wa sallam) than someone who gets the reward for standing in prayer all night because he finished 20 with the imam! And Allaah knows best.
Assalaam Alaikum Akhy Moosa, since u have replied salaam as waalaiki can u pls clarify if this is the legislated way to reply to Muslim woman. And do we have to reply to our sisters, as Jazakillahi khair, wa iyyaki and Yarhamukillahi too. May Allah reward you
Salam alekum,
Where can I find English translation of sheikh Albani’s comment on fiqh as sunnah book?
As-salaamu ‘alaykum
I work early mornings (I start at 6am) and in the summer time it’s difficult to get proper rest in the night with ishaa being so late. Is it permissible in this case to combine maghrib and ishaa so I can get a decent amount of sleep?
As salaamu alaykum
Moosaa can you please respond with the arabic text of the athaan. I want to know how to pronounce it properly with the help of Shaykh Al-Albaani’s recording. Jazaak Allaahu khayran.
What’s the ruling on one who sleeps at the early part of Isha’ intending and taking the means to wake up before halfway into the night? Does such a person fall into negligence by this action?
He has fallen into a makrooh action, a discouraged behavior, one that he would be rewarded for avoiding. However, no sin or blame should be directed at him. Al-Bukhaaree reported from the narration of Aboo Barzah that the Prophet (may Allaah raise his rank and grant him peace) disliked sleeping before ‘Eshaa’ Prayer. If one did slepp before ‘Eshaa’, he is required to intend to wake up before half the night and offer ‘Eshaa’, because Allaah requires that these five daily prayers be offered in their legislated times. And Allaah knows best.
Assalamu alaylkum warahmatullah
To calculate the middle of the night , do I calculate between Maghrib and Fajr or Isha and Fajr?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh.
The word “Layl” in Arabic refers to the time between Maghrib (sunset) and Fajr (the first crack of dawn). So to calculate half the night (for the last time of ‘Eshaa), or to calculate the last third of the night (for the best time for night prayers), then divide the time up between sunset and the entrance of Fajr, as explained by Shaykh Ibn ‘Uthaymeen (may Allah have Mercy on him) and others. And Allah knows best.
As salaamu alaikum.
If a person prays salah a minute after half of the night (finding the middle point between maghrib and fajr), has the person failed to pray isha on time, thus rendering the prayer invalid?
I read that if someone prays isha after half of the night, then the prayer is still acceptable – but it was performed during the time of necessity.
“ Shaikh ‘Abdul-‘Azeez bin Baaz (rahimahullaah) mentioned: “When the afterglow of sunset disappears; and it is the redness in the western direction, the time for Maghrib ends, and the time for ‘Ishaa enters until half of the night, and that which comes after half of the night is a time of pressing need/necessity for the time of ‘Ishaa. So it is impermissible to delay until that which comes after half the night, however that which is after the setting (i.e. disappearance) of the afterglow of sunset until half of the night – all of it is a time of preference for ‘Ishaa. So if one were to pray it after half of the night, he has carried it out in time, however he is sinful, because he delayed it until the time of pressing need/necessity.”[15]”
From this website: https://www.wrightstreetmosque.com/ascertaining-the-time-at-which-the-ishaa-prayer-begins-and-ends-and-the-issue-of-praying-it-after-midnight/#_ftnref15
What is the ruling on the isha prayer that is performed after half of the night has passed?
JazakAllah for your help.
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. The ruling on praying ‘Eshaa Prayer after half the night has passed is the same ruling on any prayer offered after its legislated time. If it is due to sleep or genuine forgetfulness, then all he needs to do is offer the prayer as soon as he remembers or wakes up. The Prophet (may Allah raise his rank and grant him peace said):
من نام عن صلاة أو نسيها فليصلها إذا ذكرها
“Whoever sleeps past a prayer or forgets it, then let him pray it as soon as he remembers it.” (Bukhari & Muslim)
If he has delayed it beyond its time without any valid excuse, then he is sinful and needs to genuinely repent and make that prayer immediately. And Allah knows best.
Assalaamu alaikum brother correct me if I’m wrong but doesn’t imam Bayhaqi have a chaper in his hadith book on isha ending at the start of fajr with different authentic hadith and athaar
Wa ‘alaykum as-Salaamu wa rahmatullaah. Yes, he does. A very brief one, without chains for any of the narrations, except one about negligence when a prayer is delayed until the next one comes in (from Saheeh Muslim), which is already discussed in the article above. This is after he brought many detailed reports about ‘Eshaa’ being prayed before half or one-third of the night, all of them with their chains of transmission.
Assalamu alaykum ustadh,
When it comes to matters of fiqh – what do you advise to us lay people?
Follow a madhab? Follow a particular scholar? Follow the recognised and respected scholars in general?
And when there is valid differing, whom do we follow? The view that sits best in our hearts? The view of a particular imaam all the time?
How do we as lay people decide!?
I am so confused ustadh please advise me
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh.
Learn and implement the Book of Allah and the Sunnah of His Messenger (may Allah raise his rank and grant him peace) to the best of your ability, as Allah commands us:
اتبعوا ما أنزل إليكم من ربكم
“Follow that which has been sent down to you from your Lord (Creator, Provider, etc.)” [7:3]
And when this is not clear to you, return matters which are difficult to understand back to the scholars, as Allah commands us:
فسئلوا أهل الذكر إن كنتم لا تعلمون
“Then ask the people of knowledge when you do not know.” [21:7]
The meaning of this order is to know and follow the well-known scholars, known for their sound knowledge, creed, and manners, and return matter back to them, whether they are upon the math-hab we were raised on or not. We ask a qualified and pious scholar about the matter ONCE, and follow what we learn. We do not ask for multiple opinions as is common in the West. Once we have asked and gained knowledge, we follow what we know. This is what our Lord commands us with, and this is what we are responsible for. May Allah give us all success. And Allah knows best.
On this topic: https://twitter.com/anwarphilly/status/1406632952327544833
As-Salamu ‘alaikum. When we say half the night has past, is the time beyond that the time wherein Allah The Most Exalted descends to the lowest heaven? Barak Allah Feek.
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. When half the night expires, there remains the second half. Shortly after that, the last third of the night begins. That is when the texts establish that Allah descends to the lowest Heaven and responds to supplications. So if the night is 12 hours for example, then the last four hours before the entrance of Fajr is the last third of the night.
What’s the ruling on delaying the prayer until the middle or the end part of (not beyond) it’s time for no good reason?
This is makrooh (disliked, better avoided) for the five daily prayers, except for two: ‘Eshaa’, which is recommended to be prayed in the last part of its time, up until half the night passes; and Thuhr in the summer time, it is recommended to delay it until the hottest part of the day passes. Both of these exceptions are textually established from the speech of the Messenger of Allah (may Allah raise his rank and grant him peace). And Allah knows best.
If I sleep first & wake up to do eesha at half the night or later, can I proceed with “tahajjud” — seeing that I actually woke up for eesha. I know I can proceed with “qiyamul lail” but I am wondering if the niyah of the salah can be attributed to tahajjud
Do not be neglectful by praying ‘Eshaa after half the night. But night prayers are called tahajjud and/or qiyaam, and they are called taraaweeh in Ramadhaan when prayed in congregation. The base meaning of the word tahajjud does not restrict it from being applied to night prayers offered by someone who has not slept yet. And there is no need to have a specific intention for qiyaam vs tahajjud, your intention is simply to pray optional prayers. And Allah knows best.