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Principle

Post  usmanqamar1 on Mon Aug 30, 2010 11:14 am

Where can the principle "Al khorooju min al-khilaafi awlaa" be found. I was found by a local mufti of this principle when I asked him about the sajdah in surah saad. The sajdah is written in two different places. One is in "Fa kharra raakian wa anaab" and the other place it is written is the end of the following ayat. He told me that to do sajdah after the second would be better because if sajdah were to be done after the first (fa kharra raakian wa anaab), then it could be sajdah done before its wujoob has kicked in. After the second ayat would be definitely after wujoob with the possibilty of delay (ta'kheer). Mafhoom? anything on this?

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Re: Principle

Post  MuhammadIsmail on Mon Aug 30, 2010 11:59 am

Assalamu Alaikum w.w

As for the ruling of 'الخروج من الخلاف أولى', I haven't come across it anywhere as yet.

One thing I would like to mention is that in the book 'الفقه على المذهب الأربعة' by the reknown scholar 'الجزيرى' it is mentioned that this particular sajdah is practised by the Ahnaf and Maalikiyyah only. The difference is that the Maalikiyyah do sajdah on the verse ending {وأناب} and the Ahnaf do sajdah on the second verse; ending {وحسن مآب}


And Allah Knows Best

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Muhammad Ismail

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Re: Principle

Post  khalillaher on Mon Aug 30, 2010 2:31 pm

The juristic maxim can be found here.
http://www.islam.gov.kw/eftaa/topics/current/details.php?sdd=285&cat_id=164

However, a condition is that doing so would not entail doing something disliked (makruh) in one’s own school.


For example, in the Hanafi school, touching your spouse does not nullify one’s ablution (wudu’), yet it does in the Shafi’i school. Hence, if a Hanafi man were to touch his spouse, he would not have to renew his wudu’ before praying, yet it would be recommended to do so in order to avoid the difference of opinion with the Shafi’is, and because it would not be disliked according to his own school especially if one will lead others in prayer where Shafi`is are likely to be present.

An example where one would not avoid difference of opinion is with respect to the recitation of Sura Fatiha by a follower in congregational prayer. Despite it being mandatory in the Shafi’i school, a Hanafi would not do so in order to avoid difference of opinion, as it is disliked according to the majority of the Hanafi school.


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Khalil Ibn Ilyas Laher


Last edited by khalillaher on Wed Sep 01, 2010 10:47 pm; edited 3 times in total

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Re: Principle

Post  IbnMuhammad on Tue Aug 31, 2010 4:46 pm

Bismihi Subhanahu

Jazakallah Shaykh Ismail & Shaykh Khalil for the truly tantalizing posts.

I was flicking through Tahtawi's footnotes (Hashiyah Tahtawi)on Muraqil Falah and I came across something that suggested that delaying Sajdah Tilawah can result in Sujoodus Sahw being neccessary

واختلف في تأخير سجود التلاوة عن التلاوة وجزم في التجنيس بعدم وجوب السهو فيه لأنه ليس بواجب أصلي في الصلاة (Hashiyah Tahtawi A'la Muraqil Falah p460 DKI)

A similar polemic can be found in Ibn Abideen's Raddul Muhtaar:

قوله ( بترك واجب ) أي من واجبات الصلاة الأصلية لا كل واجب إذ لو ترك ترتيب السور لا يلزمه شيء مع كونه واجبا(بحر) ويرد عليه ما لو أخر التلاوية عن موضعها فإن عليه سجود السهو كما في الخلاصة جازما بأنه لا اعتماد على ما يخالفه وصححه في الولوالجية أيضا وقد يجاب بما مر من أنها لما كانت أثر القراءة أخذت حكمها تأمل
(Raddul Muhtar v.2 p543 DKI)

So looking back at Shaykh Ismail's contribution, if it is decided that the Hanafi school considers the first ayah as that of sajdah, to delay it may result in another sajdah; much to the amusement of the Muqtadis.


And Allah knows best
Najib Rahmani

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Re: Principle

Post  usmanqamar1 on Thu Sep 16, 2010 6:38 pm

Shaykh Shafeequr Rahman Nadwi states in Al-Fiqh Al-Muyassar:

"The Wujoob (obligation) of Sajdah Tilawat is at times muwassa' (lax) and at times mudhayyaq (pressured).
The wujoob of sajdah tilawat is muwassa' when it's moojib (obligating factor) appears out of salaat. No sin will be committed if the sajdah tilawat is delayed out of salaat however it will be makrooh tanzeehi.
The wujoob of sajdah tilawat is mudhayyaq when it's moojib appears in salaat i.e when he recites the sajdah ayat IN salaat causing the carrying out of sajdah tilawat to be waajib (Fawrun) immediately.
The miqdaar of fawr is that there should not be a gap between the recitation of the sjadah ayat and the sajdah tilawat which exceeds the span of reciting 3 ayats
"

(Al-Fiqh Al-Muyassar Zam Zam Publishers Pg 146)

*According to this text, a sajdah sahw would not be waajib even if the sajdah ayat was at "Fa kharra raaki'an wa anaab" and we did sajdah after the following verse. Even though it is wajib, however delay is tolerated.

And Allah Knows Best.

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