(Series of Answers by the Scholar Ata bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from Visitors to His Facebook Page)
To AbuMuhibbullohi Abdulloh from Tajikistan
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh, our Ameer.
We, the youth of the party in prison, have a serious problem. It is known to us that perfumes composed of wine (khamr) and medicines composed of it are impure (najis). However, the Imam we pray behind in prison uses these perfumes and justifies it, as he says, by citing books of fatwas... Therefore, we are hesitant; is it permissible for us to pray behind him considering the hardship that would afflict us in case of non-permission? Our Ameer, we need a quick answer as much as possible and we will wait for your answer, if Allah wills. May Allah reward you with the best reward.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
Your prayer behind that Imam who uses perfumes containing wine or alcohol is valid and not void. Praying behind a Muslim who commits a forbidden (haram) act is permissible; the prayer is valid, and the sin is upon the Imam. The evidence for this is:
1- Bukhari narrated from Abu Hurairah: that the Messenger of Allah (saw) said:
يُصَلُّونَ لَكُمْ، فَإِنْ أَصَابُوا فَلَكُمْ، وَإِنْ أَخْطَأُوا فَلَكُمْ وَعَلَيْهِمْ
"They lead you in prayer; if they are correct, it is for you (and them), and if they err, it is for you and against them." (Sahih Bukhari)
The meaning of "it is for you and against them" is that for you is the reward of the prayer, and upon them is the punishment for what they erred in.
2- Muslim narrated from Abdullah bin al-Samit, from Abu Dharr, who said: The Messenger of Allah said to me:
كَيْفَ أَنْتَ إِذَا كَانَتْ عَلَيْكَ أُمَرَاءُ يُؤَخِّرُونَ الصَّلَاةَ عَنْ وَقْتِهَا؟ - أَوْ - يُمِيتُونَ الصَّلَاةَ عَنْ وَقْتِهَا؟ قَالَ: قُلْتُ: فَمَا تَأْمُرُنِي؟ قَالَ: صَلِّ الصَّلَاةَ لِوَقْتِهَا، فَإِنْ أَدْرَكْتَهَا مَعَهُمْ، فَصَلِّ، فَإِنَّهَا لَكَ نَافِلَةٌ
"How will you be when you have leaders over you who delay the prayer from its time – or – kill the prayer from its time?" He said: I said: "What do you command me?" He said: "Pray the prayer at its time, then if you find it with them, pray it, for it will be a nafl (supererogatory) prayer for you." (Sahih Muslim)
The understanding of the Hadith is that if the unjust leaders were to pray the prayer on time, praying behind them would be valid.
3- For your information, the Hanafis and Shafi’is have stated that praying behind a transgressor (fasiq) is disliked (makruh) but valid. The sin falls on the Imam who leads Muslims in prayer while they dislike him, as stated in the Hadith narrated by Tirmidhi in his Sunan from Abu Umamah, who said: The Messenger of Allah (saw) said:
ثَلَاثَةٌ لَا تُجَاوِزُ صَلَاتُهُمْ آذَانَهُمْ: العَبْدُ الآبِقُ حَتَّى يَرْجِعَ، وَامْرَأَةٌ بَاتَتْ وَزَوْجُهَا عَلَيْهَا سَاخِطٌ، وَإِمَامُ قَوْمٍ وَهُمْ لَهُ كَارِهُونَ
"Three people whose prayers do not go beyond their ears: the runaway slave until he returns, a woman who spends the night while her husband is angry with her, and an Imam of a people who dislike him." (Sunan al-Tirmidhi)
4- In conclusion, if you pray behind an Imam of righteous deeds and piety, your prayer behind this Imam is better. However, if it happens that you pray behind that Imam who deems perfumes containing alcohol permissible, your prayer is valid and the sin is upon him.
Nevertheless, offer advice to the Imam that perfumes containing alcohol, such as colognes and the like, are haram. Give him the answer mentioned below regarding the prohibition of perfumes mixed with alcohol; perhaps he will be guided by Allah's permission.
(Regarding perfumes containing alcohol, the rulings of wine (khamr) apply to them because the Messenger of Allah (saw) says in what Muslim narrated from Ibn Umar:
كُلُّ مُسْكِرٍ خَمْرٌ، وَكُلُّ مُسْكِرٍ حَرَامٌ
"Every intoxicant is wine (khamr), and every intoxicant is prohibited (haram)." (Sahih Muslim)
And he (saw) says in what Abu Dawud narrated from Jabir bin Abdullah:
مَا أَسْكَرَ كَثِيرُهُ، فَقَلِيلُهُ حَرَامٌ
"Whatever intoxicates in large quantities, a small amount of it is prohibited." (Sunan Abu Dawud)
He (saw) clarified which liquid is called khamr; every intoxicant, whether in small or large quantities, is khamr. Here comes the role of Tahqiq al-Manat (verification of the reality) to know whether this perfume, cologne, or similar items intoxicate if drunk in small or large quantities. If it intoxicates, then it is khamr, and the rulings of khamr apply to it by prohibiting it in ten categories according to the Hadith narrated by Al-Hakim in his Mustadrak from Abdullah bin Abdullah bin Umar, from his father, that the Messenger of Allah (saw) said:
لَعَنَ اللَّهُ الْخَمْرَ، وَلَعَنَ سَاقِيهَا، وَشَارِبَهَا، وَعَاصِرَهَا، وَمُعْتَصِرَهَا، وَحَامِلَهَا، وَالْمَحْمُولَةَ إِلَيْهِ، وَبَايِعِهَا وَمُبْتَاعَهَا، وَآكِلَ ثَمَنِهَا
"Allah has cursed wine (khamr), its pourer, its drinker, its presser, the one for whom it is pressed, its carrier, the one to whom it is carried, its seller, its buyer, and the consumer of its price." (Mustadrak al-Hakim)
According to experts regarding the effect of alcohol mixed in liquids, this liquid becomes an intoxicant if drunk. Since the Messenger of Allah (saw) says: "Every intoxicant is wine (khamr) and every wine (khamr) is prohibited (haram)" narrated by Muslim, therefore, the rulings of wine (khamr) apply to perfumes mixed with alcohol.) End.
I repeat that this should be done in a good and wise manner. If he is guided, then that is good; if he persists in what he does, arguing with this and that, then it is enough that you have advised him, and you will have the reward and recompense, Allah willing.
Your brother, Ata bin Khalil Abu al-Rashtah
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