Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut Tahrir, to questions from visitors of his Facebook page "Fiqhi"
To the Brothers and Sisters: (Ferid Saad, Asid Saleem, Safaa Muhammad, Hassan Yaser, Nasir al-Islam, al-Riyahi Abua Fatima)
The following is the answer regarding the Friday prayer (Jumu'ah) that you asked about:
1- We have previously issued an answer regarding Friday prayer on 2nd Sha’ban 1441 AH (26/03/2020), as well as on 18th Sha’ban 1441 AH (11 April 2020), and then on 17th Shawwal 1441 AH (08/06/2020). This was sufficient regarding your inquiries, as these answers contained the following:
First: Our answer on 2nd Sha’ban 1441 AH (26/03/2020), which stated:
“...As for the Friday prayer, it is an individual obligation (fard ayn):
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَىٰ ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ
'O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave business.' (QS. Al-Jumu'ah [62]: 9)
The command in this verse is for obligation (wujub) due to the indication (qarinah) of the prohibition of a permissible act (business), which indicates a decisive demand. Al-Hakim narrated in Al-Mustadrak 'ala al-Sahihayn from Tariq bin Shihab, from Abu Musa, from the Prophet ﷺ, who said:
الْجُمُعَةُ حَقٌّ وَاجِبٌ عَلَى كُلِّ مُسْلِمٍ فِي جَمَاعَةٍ إِلَّا أَرْبَعَةٌ: عَبْدٌ مَمْلُوكٌ، أَوِ امْرَأَةٌ، أَوْ صَبِيٌّ، أَوْ مَرِيضٌ
'Friday prayer is an obligatory right upon every Muslim in a congregation, except for four: a slave, a woman, a child, or a sick person.'
Al-Hakim said: 'A sahih hadith according to the conditions of the two Sheikhs.' It is not obligatory for the one who is fearful, based on what was narrated from Ibn Abbas (ra) that the Prophet ﷺ said:
مَنْ سَمِعَ النِّدَاءَ فَلَمْ يُجِبْهُ فَلَا صَلَاةَ لَهُ إلَّا مِنْ عُذْرٍ، قَالُوا: يَا رَسُولَ اللهِ وَمَا الْعُذْرُ؟ قَالَ: خَوْفٌ أَوْ مَرَضٌ
'Whoever hears the call and does not respond, there is no prayer for him except with an excuse. They said: O Messenger of Allah, what is the excuse? He said: Fear or illness.'
(Narrated by al-Bayhaqi in Al-Sunan al-Kubra). Thus... Friday prayer is obligatory for every Muslim except for those whom a Shari’ah text has specifically excluded...) End.
Second: Our answer on 18th Sha’ban 1441 AH (11 April 2020), which stated:
“...His (swt) saying:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَىٰ ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
'O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave business. That is better for you, if you only knew.' (QS. Al-Jumu'ah [62]: 9)
So the Muslim proceeds to the prayer without being prevented: 'then proceed to the remembrance of Allah and leave business.' Proceeding to it is an obligation (fard) because it is coupled with the command to leave what is permissible... meaning the prayer is not in a private place like homes, where prevention is permissible... For this reason, it was mentioned in the answer that the rulers closing the mosques and preventing prayer in them is an impermissible matter and involves a great sin for these rulers. Accordingly, if the rulers prevent the performance of Friday prayer in the mosque, and there is no place available for prayer except homes, then it is prayed at home as Dhuhr (four units), and the state that closes the mosques bears a great sin...
As for taking precautions (adopting the means), it is correct but without violating the Shari’ah. Taking precautions here means that the sick person does not go to the Friday prayer, while the healthy ones do... We mentioned in the answer what is sufficient to explain that mosques should not be closed so that the healthy can pray, and measures should be taken to prevent those with infectious diseases from attending. This is clear and evident... It should not be said that the healthy might have Coronavirus but without visible symptoms, and thus everyone should be banned from mosques—meaning the inhabitants of the entire Earth are banned from mosques! This is an argument that does not stand as proof, nor does it even reach the level of 'preponderant belief' (ghalabat al-dhan)!!...) End.
Third: Our answer on 08/06/2020, which stated at its end:
(Sixth: The summary of the above is as follows:
1- Changing the manner (kayfiyyah) explained by the Messenger ﷺ for prayer is considered an innovation (bid’ah). Rather, the Shari’ah ruling in this case is that the healthy person goes to prayer as usual in compact rows, without gaps, and the one with an infectious disease does not go, so he does not infect others.
2- If the state closes the mosques and consequently prevents healthy people from frequenting the mosques for Friday and congregational prayers, it will be committing a great sin for suspending the Friday and congregational prayers. Mosques must remain open for prayer as explained by the Messenger ﷺ.
3- Similarly, if the state prevents the worshipers from performing the prayer according to the manner explained by the Messenger of Allah ﷺ, but instead forces them to distance by one or two meters between one worshiper and the one next to him for fear of infection—especially without symptoms of illness—then it commits a great sin by doing so.
This is the Shari’ah ruling that I prefer in this matter, and Allah knows best and is most Wise... I ask Him (swt) to guide the Muslims to the best of their affairs, that they worship Him (swt) as He commanded, adhere to the footsteps of His Messenger ﷺ, and establish the pure Shari’ah without deviation by establishing the Rightly Guided Khilafah... for in that is goodness and victory by the permission of Allah, Whom nothing in the earth or the heavens can frustrate, and He is the Almighty, the All-Wise...) End.
Fourth: It is clear from the above that Friday prayer is an individual obligation (fard ayn), and it must be performed in the manner explained by the Messenger ﷺ with its pillars and conditions of validity, including the compacting of rows in the Shari’ah-prescribed manner as we explained in our previous answers... The authority's prevention of performing it in this manner is a great sin that falls upon the authority, whether by the state closing the mosques or by preventing performance in the Shari’ah manner...
Because Friday prayer is an individual obligation, every accountable Muslim must proceed to it and perform it in the Shari’ah manner with its pillars, conditions of validity, compacting of rows, etc. If he cannot due to a physical barrier or a tyrannical ruler who prevents the performance of Friday prayer in the Shari’ah manner and instead forces the worshipers into the innovation (bid’ah) of mandatory distancing, and the worshiper cannot prevent that, then let him perform it according to his ability, and the tyrannical ruler will bear the sin...
The Messenger ﷺ said in what was narrated by al-Bukhari and Muslim (may Allah have mercy on them) from Abu Hurayrah (ra):
وَإِذَا أَمَرْتُكُمْ بِأَمْرٍ فَأْتُوا مِنْهُ مَا استَطَعْتُمْ
"And if I command you with an order, then do of it what you are able."
The wording is al-Bukhari's... So if a Muslim can pray the Friday prayer (the individual obligation) in compact rows, he must pray in this manner because distancing is an innovation as long as he can avoid it. However, if he cannot due to the action of the sinful authority, then he prays in the manner possible for him. Al-Nawawi (d. 676 AH) said in his book (Al-Minhaj Sharh Sahih Muslim bin al-Hajjaj) explaining this hadith with Muslim's wording: From Abu Hurayrah, the Messenger of Allah ﷺ said: "...If I command you with something, then do of it what you are able." Al-Nawawi said in his commentary: [("If I command you with something, then do of it what you are able") This is one of the important principles of Islam and from the concise speech (jawami’ al-kalim) given to him ﷺ. Countless rulings fall under this, such as prayer of all types; if one is unable to perform some of its pillars or some of its conditions, he should perform what remains... and Allah knows best] End.
Fifth: Thus, the brothers asking the question must proceed to the Friday prayer, for it is an individual obligation (fard ayn):
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَىٰ ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
'O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave business. That is better for you, if you only knew.' (QS. Al-Jumu'ah [62]: 9)
And from the Prophet ﷺ, who said:
الْجُمُعَةُ حَقٌّ وَاجِبٌ عَلَى كُلِّ مُسْلِمٍ فِي جَمَاعَةٍ إِلَّا أَرْبَعَةٌ: عَبْدٌ مَمْلُوكٌ، أَوِ امْرَأَةٌ، أَوْ صَبِيٌّ، أَوْ مَرِيضٌ
'Friday prayer is an obligatory right upon every Muslim in a congregation, except for four: a slave, a woman, a child, or a sick person.'
Al-Hakim said: 'A sahih hadith according to the conditions of the two Sheikhs.' They must perform it in the manner explained by the Messenger ﷺ in compact rows. If they are unable to do so because the authorities prevent them and force them to distance, then they should pray according to their ability, and work diligently and tirelessly to establish the Rightly Guided Khilafah, so that the Shari’ah rulings are applied in their proper way without deviation, by the success and help of Allah...
I hope this is sufficient, and Allah knows best and is most Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
27 Safar al-Khayr 1442 AH 14/10/2020 CE
Link to the answer from the Ameer's Facebook page: Facebook
Link to the answer from the Ameer's web page: Web