al-Faatihahin the prayer? Is it obligatory or mustahabb?
~
Praise be to Allaah.
Firstly:
It is proven that the Prophet (peace and blessings of Allaah be upon
him) used to seek refuge with Allaah before reciting al-Faatihah in
the prayer. Narrated by Abu Dawood (775) and classed as saheeh by
al-Albaani.
Secondly:
The scholars differed as to the ruling on seeking refuge with Allaah
before reciting al-Faatihah in the prayer. Some of them were of the
view that it is obligatory. This is the viewof 'Ata', al-Thawri,
al-Awzaa'i and Dawood, aswas narrated by Ibn Hazmin al-Muhalla
(3/247-248), and it was the view favoured by him. It was also narrated
from Ahmad and was favoured by Ibn Battah, as it says in al-Insaaf
(2/119). Among later scholars this view was favoured by Shaykh
al-Albaani (may Allaah have mercy on them all).
Others were of the view that it is only mustahabb and is not
obligatory. This is the view of the majorityof scholars among the
Sahaabah and Taabi'een and of the Imams Abu Haneefah and al-Shaafa'i,
and Ahmad according to the well known view of his madhhab.
See: Tabyeen al-Haqaa'iq (1/107); al-Majmoo' (3/280-282), al-Mughni
(1/283); al-Fataawa al-Kubra by Ibn Taymiyah (5/332).
Those who say that it is obligatory quoted as evidence the verse in
which Allaah says (interpretation of the meaning):
"So when you want to recite the Qur'aan, seek refuge with Allaah from
Shaytaan (Satan), the outcast (the cursed one)"
[al-Nahl 16:98]
They said: In this verse there is the command to seek refuge with
Allaah, and the basic principle is that a command means that something
is obligatory, so long as there is no other evidence to indicate that
what is meant in the command is mustahabb.
Ibn Hazm said in al-Muhalla (2/279):
With regard to the view ofAbu Haneefah and al-Shaafa'i, that seeking
refuge with Allaah is not obligatory, this is wrong, because Allaah,
may He beexalted, says: "So when you want to recite the Qur'aan, seek
refuge with Allaah from Shaytaan (Satan), the outcast (the cursed
one)". When Allaah commands something, it iswrong for anyone to say
without any evidence from the Qur'aan or Sunnah that this is not
obligatory, especially His command to pray for Him to protect us from
the tricks of the shaytaan. So this command is definitelyobligatory,
because avoiding the shaytaan andfleeing from him and asking for
protection against him are things that no one can dispute are
obligatory. Moreover, Allaah has enjoined that upon us when reading
Qur'aan. End quote.
The majority of scholars responded by noting that there is other
evidence which indicates that it is mustahabb rather than obligatory.
This other evidence is:
1 – The hadeeth about theman who did not pray properly. The Prophet
(peace and blessings of Allaah be upon him) taught him how to pray and
said: "When you go topray, say takbeer, then recite whatever you can
ofthe Qur'aan. Then bow …" Narrated by al-Bukhaari and Muslim (397).
And he did not tell him to seek refuge with Allaah.
Imam al-Shaafa'i said in al-Umm (1/208):
If he omits it by mistake or out of ignorance or deliberately, he does
not have to repeat it or do theprostration of forgetfulness, but I
regard it as makrooh to omit it deliberately. If he omits it in the
first rak'ah, I prefer for him to say it in some other rak'ah. The
only thing that keeps me from telling him to repeat the prayer is the
fact that when the Prophet (peace and blessings of Allaah be upon him)
taught a man what is sufficient in prayerhe said: "say takbeer,
thenrecite…", and it is not narrated that he told him to seek refuge
with Allaah or recite the opening du'aa'. This indicates that the
Messenger of Allaah (peace and blessings of Allaah be upon him)
regarded the opening du'aa' as something optional, and that seeking
refuge with Allaah is something that does not invalidate the prayer if
it isomitted. End quote.
2 –It says in al-Mawsoo'ah al-Fiqhiyyah (4/6):
The majority quoted as evidence that the command means that it is
recommended and not obligatory the fact that the salaf were
unanimously agreed that it is Sunnah. End quote.
The scholars of the Standing Committee for Issuing Fatwas also
favoured the view that it is mustahabb and not obligatory, as did
Shaykh Ibn 'Uthaymeen.
It says in Fataawa al-Lajnah al-Daa'imah (6/383):
What is the ruling on one who forgets to seek refuge with Allaah from
the accursed shaytaan andremembers after finishing the prayer, if he
remembers that he did not say A'oodhu Billaahi min al-shaytaan
il-rajeem (I seek refuge with Allaah from the accursed shaytaan)
whilst he was praying/
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