Thursday, September 5, 2013

Dought & clear, - (Times of Prayers) - Prayer and fasting of a prisoner who does not know anything about time.

How can a person who is jailed in an underground room pray, while he
is chained, heedless aboutprayer times, and does not know that
Ramadanstarted?.
Praise be to Allaah.
Firstly:
We ask Allaah to grant all Muslim prisoners a rapid release, and to
grant them patience andconsolation by His bounty, and to fill their
hearts with peace and certainty of faith, and to make easy for the
Muslims a way of guidance whereby His close friends will be honoured
and His enemies will be humiliated.
Secondly:
The scholars have determined that prayer and fasting are not waived
for prisoners and detainees, and that what they must do is to try
their best to work out the right times. If theprisoner thinks it most
likely that the time for prayer has come, then he should pray, and if
hethinks it most likely that Ramadaan has come, then he should fast.
He can work out the times by noting the times when he is fed, or by
asking the guards and soon.
If he tries to work out the right time for praying and fasting, then
his worship will be valid and acceptable, whether he finds out later
on that he did it at the right time, or after it,or he does not find
out anything, because Allaahsays (interpretation of the meaning):
"Allaah burdens not a person beyond his scope"
[al-Baqarah 2:286]
"Allaah puts no burden on any person beyond what He has given him"
[al-Talaaq 65:7]
But if he finds out that he fasted on the days of Eid, he should make
them up, because fastingon the days of Eid is not valid.
But if he finds out later on that that he prayed or fasted before the
proper time, then he hasto repeat the fast or prayer.
It says inal-Mawsoo'ah al-Fiqhiyyah(28/84-85):
The majority of fuqaha' are of the view that if the months all seem to
be the same to a person, the fast of Ramadaan is not waived in his
case, rather it is still obligatory because he remains accountable and
the ruling still applies to him.
If he tries to work it out and he fasts, then one ofthe following five
scenarios must apply to him:
1 – The problem continues and he cannotfind out, so he does not know
whether he managed to fast at the time of Ramadaan or before it or
after it. In this case his fast is valid and he does not have to
repeat it, because he didhis best, and he is not required to do any
morethan that.
2 – The fast of the prisoner coincided with Ramadaan, so that is acceptable.
3 – If his fast happened to be after Ramadaan, that is also acceptable
according to the majority of fuqaha'.
4 – There are two possibilities with the fourth scenario:
(i)If he started fasting before Ramadaan, and he finds out about that
before Ramadaan comes, then he must fastwhen Ramadaan comes, and there
is no difference of opinion among the scholars concerning that.
(ii)If he started fasting before Ramadaan and he did not find out
about that until after it had finished. There are two opinions as to
whether this is acceptable:
(a)It is not acceptable for Ramadaan, rather he has to make it up.
This is the view of the Maalikis and Hanbalis.
(b)It is acceptable as Ramadaan, just as if the pilgrims are uncertain
ofthe day of 'Arafah and they observe the standing before the day.This
is the view of some of the Shaafa'is.
5 – If the fast of the prisoner coincides with one part of Ramadaan
and not the other; that which coincides with Ramadaan or comes after
it is acceptable, and that which comes before it is not acceptable.
End quote.
See:al-Majmoo'(3/72-73)andal-Mughni(3/96)
And Allaah knows best.

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