Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors to his Facebook Page "Fiqhi"
Answer to Question Guidelines for Combining Prayers in Winter
To Yahya Walid Junaina
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh,
Our beloved Sheikh, I would like from your Eminence an explanation of the rulings for combining prayers in winter and what the guideline for combining is. Is cold without strong winds an excuse that permits combining? And if the rain stops before the "concession break" (istirahah al-rukhsah), does it still permit combining?
Please benefit us with the details, and may Allah bless you.
Answer:
Wa Alaikum Salaam Wa Rahmatullahi Wa Barakatuh,
As you know, we do not adopt opinions in matters of worship except for those related to the unity of the Ummah and the like, and all of that is based on Shari’ah reasons such as Eid and Zakat... However, I will convey to you the rulings of prayer related to your question from the book Ahkam al-Salah (The Rulings of Prayer), which was previously issued by the Party under the name "Ali Raghib." Although it is not adopted, the contents are based on valid evidence:
[Combining between two prayers...
1- It is permissible to combine Dhuhr and Asr, and Maghrib and Isha, during travel in which the prayer is shortened (Qasr). It is not permissible to combine Asr and Maghrib, nor Isha and Subh (Fajr), nor Subh and Dhuhr. This is due to what was narrated by Ibn Umar, who said:
كَانَ رَسُولُ اللهِ ﷺ إِذَا جَدَّ بِهِ السَّيْرُ جَمَعَ بَيْنَ الْمَغْرِبِ وَالْعِشَاءِ
"The Messenger of Allah ﷺ, when he was in a hurry on a journey, would combine Maghrib and Isha."
And Anas (ra) narrated that the Prophet ﷺ:
كَانَ يَجْمَعُ بَيْنَ الظُّهْرِ وَالْعَصْرِ
"Used to combine Dhuhr and Asr."
It has not been narrated from him ﷺ that he combined any other prayers besides these two cases: Dhuhr with Asr, or Maghrib with Isha. Matters of worship are tawqifiyyah (restricted to the texts); one must limit oneself to what has been mentioned in the text and stop at its boundary. Therefore, it is not permissible to combine prayers other than those mentioned in the text. It is permissible to combine them—meaning Dhuhr and Asr, and Maghrib and Isha—either by advancing (Taqdim) or delaying (Ta’khir). Thus, it is permissible to combine them at the time of the first of them or at the time of the second. However, if the person has stopped (halted) at the time of the first prayer, it is better to advance the second to the time of the first. If he is traveling (on the move), it is better to delay the first to the time of the second. This is due to what was narrated from Ibn Abbas:
أَلاَ أُخْبِرُكُمْ عَنْ صَلاَةِ رَسُول اللَّهِ ﷺ؟ إِذَا زَالَتِ الشَّمْسُ وَهُوَ فِي الْمَنْزِل قَدَّمَ الْعَصْرَ إِلَى وَقْتِ الظُّهْرِ وَيَجْمَعُ بَيْنَهُمَا فِي الزَّوَال، وَإِذَا سَافَرَ قَبْل الزَّوَال أَخَّرَ الظُّهْرَ إِلَى وَقْتِ الْعَصْرِ ثُمَّ جَمَعَ بَيْنَهُمَا فِي وَقْتِ الْعَصْرِ
"Shall I not inform you about the prayer of the Messenger of Allah ﷺ? If the sun passed its zenith while he was at a stopping place, he would advance Asr to the time of Dhuhr and combine them at the time of the zenith. If he set out on the journey before the sun passed its zenith, he would delay Dhuhr until the time of Asr and then combine them at the time of Asr."
It is necessary to have the intention to combine at the start of the first prayer and to perform them consecutively in the case of Jam’ Taqdim (advancing). If he combines by advancing and reaches his place of residence and settles before the time of the second prayer begins, if he has completed both prayers, the combination is valid; otherwise, only the prayer he completed is valid.
2- Combining the prayer is established by the Sahih Sunnah. On the authority of Anas, who said:
كَانَ رَسُولُ اللهِ ﷺ إِذَا ارْتَحَلَ قَبْلَ أَنْ تَزيغَ الشَّمْسُ أَخَّرَ الظُّهْرَ إِلَى وَقْتِ الْعَصْرِ، ثُمَّ نَزَلَ فَجَمَعَ بَيْنَهُمَا، فَإِنْ زَاغَتِ الشَّمْسُ قَبْلَ أَنْ يَرْتَحِلَ صَلَّى الظُّهْرَ ثُمَّ رَكِبَ
"The Messenger of Allah ﷺ, if he set out before the sun passed its zenith, would delay Dhuhr until the time of Asr, then he would stop and combine them. If the sun passed its zenith before he set out, he would pray Dhuhr and then ride."
And on the authority of Anas, from the Prophet ﷺ:
أَنَّهُ إِذَا عَجِلَ عَلَيْهِ السَّفَرُ يُؤَخِّرُ الظُّهْرَ إِلَى أَوَّلِ وَقْتِ الْعَصْرِ فَيَجْمَعُ بَيْنَهُمَا، وَيُؤَخِّرُ الْمَغْرِبَ حَتَّى يَجْمَعَ بَيْنَهَا وَبَيْنَ الْعِشَاءِ حِينَ يَغِيبُ الشَّفَقُ
"That if he was in a hurry to travel, he would delay Dhuhr until the beginning of the time for Asr and combine them, and he would delay Maghrib until he combined it with Isha when the twilight had disappeared."
And on the authority of Mu’adh (ra), that the Messenger of Allah ﷺ:
كَانَ فِي غَزْوَةِ تَبُوكَ إِذَا زَاغَتِ الشَّمْسُ قَبْلَ أَنْ يَرْتَحِلَ جَمَعَ بَيْنَ الظُّهْرِ وَالْعَصْرِ، وَإِنِ ارْتَحَلَ قَبْلَ أَنْ تَزِيغَ الشَّمْسُ أَخَّرَ الظُّهْرَ حَتَّى يَنْزِلَ لِلْعَصْرِ، وَفِي الْمَغْرِبِ مِثْلُ ذَلِكَ؛ إِنْ غَابَتِ الشَّمْسُ قَبْلَ أَنْ يَرْتَحِلَ جَمَعَ بَيْنَ الْمَغْرِبِ وَالْعِشَاءِ، وَإِنِ ارْتَحَلَ قَبْلَ أَنْ تَغِيبَ الشَّمْسُ أَخَّرَ الْمَغْرِبَ حَتَّى يَنْزِلَ لِلْعِشَاءِ ثُمَّ جَمَعَ بَيْنَهُمَا
"Was in the Battle of Tabuk; if the sun had passed the zenith before he set out, he combined Dhuhr and Asr. If he set out before the sun passed the zenith, he delayed Dhuhr until he stopped for Asr. And for Maghrib it was similar; if the sun had set before he set out, he combined Maghrib and Isha, and if he set out before the sun set, he delayed Maghrib until he stopped for Isha and then combined them."
All these hadiths are authentic (sahih). They indicate clearly the permissibility of combining Dhuhr and Asr, as well as Maghrib and Isha, whether by advancing or delaying.
3- However, this combination is not permissible except on the day of Arafah at Arafah, the night of Muzdalifah at Muzdalifah, during travel in which the prayer is shortened, and during rain. As for Arafah and Muzdalifah, it is because the Prophet ﷺ combined there. As for travel, it is because the hadiths that indicated the occurrence of combination in cases other than rain only indicated its occurrence during travel. This is evident from the wordings of the various hadiths; you find the text stating: "when he was in a hurry on a journey," "if he set out," "if he was in a hurry to travel," and other hadiths that indicate travel. Some narrations are explicit regarding travel, as in the hadith of Ibn Abbas:
كَانَ رَسُولُ اللَّهِ ﷺ يَجْمَعُ في السَّفَرِ بَيْنَ صَلَاةِ الظُّهْرِ والعَصْرِ إِذَا كَانَ عَلَى ظَهْرِ سَيْرٍ، ويَجْمَعُ بَيْنَ المَغْرِبِ والعِشَاءَ
"The Messenger of Allah ﷺ used to combine the Dhuhr and Asr prayers while on a journey if he was on the move, and he would combine Maghrib and Isha."
And from Ibn Abbas, from the Prophet ﷺ:
كَانَ إِذَا زَاغَتْ الشَّمْسُ فِي مَنْزِلِهِ جَمَعَ بَيْنَ الظُّهْرِ وَالْعَصْرِ قَبْلَ أَنْ يَرْكَبَ، وَإِذَا لَمْ تَزِغْ لَهُ فِي مَنْزِلِهِ سَارَ حَتَّى إِذَا حَانَتْ الْعَصْرُ نَزَلَ فَجَمَعَ بَيْنَ الظُّهْرِ وَالْعَصْرِ، وَإِذَا حَانَتْ الْمَغْرِبُ فِي مَنْزِلِهِ جَمَعَ بَيْنَهَا وَبَيْنَ الْعِشَاءِ، وَإِذَا لَمْ تَحِنْ فِي مَنْزِلِهِ رَكِبَ حَتَّى إِذَا حَانَتْ الْعِشَاءُ نَزَلَ فَجَمَعَ بَيْنَهُمَا
"If the sun passed the zenith while he was at his residence (stopping place), he would combine Dhuhr and Asr before riding. If it had not passed the zenith while he was at his residence, he would travel until the time for Asr arrived, then he would stop and combine Dhuhr and Asr. If the time for Maghrib arrived while he was at his residence, he would combine it with Isha. If it had not arrived while he was at his residence, he would ride until the time for Isha arrived, then he would stop and combine them."
In all of these, the combination is coupled with the condition of travel. What is meant here is the travel in which the prayer is shortened, because the definite article "al" in "al-safar" refers to the specific known travel, which is the Shari’ah travel considered for shortening the prayer.
4- As for combining in rain, it is due to what was narrated by Abu Salama bin Abdul Rahman, who said:
إِنَّ مِنَ السُّنَّةِ إِذَا كَانَ يَوْمٌ مَطِيرٌ أَنْ يُجْمَعَ بَيْنَ الْمَغْرِبِ وَالْعِشَاءِ
"It is from the Sunnah that when there is a rainy day, Maghrib and Isha are to be combined." (Narrated by Al-Athram)
His saying "from the Sunnah" refers to the Sunnah of the Messenger of Allah ﷺ, thus it is a hadith. Hisham bin Urwah said: "I saw Aban bin Uthman combine the two prayers on a rainy night, Maghrib and Isha, and Urwah bin al-Zubayr, Abu Salama bin Abdul Rahman, and Abu Bakr bin Abdul Rahman would pray them with him and they did not object to it, and no opponent to them was known in their era, so it was a consensus (Ijma)." (Narrated by Al-Athram). And because it was narrated from Ibn Umar:
أَنَّ النبىَّ ﷺ جَمَع فِي المَدِينَةِ بينَ الظُّهْرِ والعَصْرِ فِي المَطرَ
"That the Prophet ﷺ combined Dhuhr and Asr in Madinah during rain."
And from Jabir bin Zaid, from Ibn Abbas:
أَنَّ النَّبِيَّ ﷺ صَلَّى بِالْمَدِينَةِ سَبْعاً وَثَمَانِياً الظُّهْرَ وَالْعَصْرَ وَالْمَغْرِبَ وَالْعِشَاءَ فَقَالَ أَيُّوبُ لَعَلَّهُ فِي لَيْلَةٍ مَطِيرَةٍ قَالَ عَسَى
"That the Prophet ﷺ prayed in Madinah seven and eight [rak'at]; Dhuhr and Asr, and Maghrib and Isha. Ayub said: 'Perhaps it was on a rainy night?' He [Jabir] said: 'Perhaps.'" (Narrated by Al-Bukhari)
That is, Abu Ayub al-Sakhtiyani said to Jabir bin Zaid (who is Abu al-Sha’tha): "Perhaps this combination was on a rainy night?" and he replied: "It may be as you said." The possibility of rain was also mentioned by Malik following his narration of this hadith. These evidences, in their totality, indicate the permissibility of combining during rain, whether by advancing or delaying. What is meant by rain is anything that can be called "rain," which is what wets the clothes, regardless of whether there is hardship or not. This is because it was narrated that the Prophet ﷺ combined during rain when there was nothing between his room and the mosque. It is also regardless of whether it is in the mosque or at home, and regardless of whether the rain is falling at the time of the Ihram (beginning) of the prayer or not, because the hadith did not reason it with hardship (mashaqqah); therefore, it is taken as tawqifi. Furthermore, whether it is in the mosque or elsewhere was not specified by a text, so it remains general. Additionally, it is established that the Prophet ﷺ:
كَانَ يَجْمَعُ فِي بُيُوتِ أَزْوَاجِهِ إلَى الْمَسْجِدِ
"Used to combine in the houses of his wives [going] to the mosque."
And because the hadith says: "a rainy day," "in the rain," and the possibility mentioned by Ayub al-Sakhtiyani was: "a rainy night." So the meaning is that the time should be a time of rain, not that the rain must be falling at the moment of starting the prayer. Since the cause ('illah) for combining, which is the excuse permitting the combination of prayer, is found, the combination is permitted absolutely, like travel. Likewise, if rain is present, combination is permitted absolutely, whether there is hardship or not, and whether it is in the mosque or elsewhere...
5- As for anything other than Arafah, Muzdalifah, travel, and rain, combination is not permitted at all. Other things cannot be compared (qiyas) to them under the pretext of hardship, because there is no 'illah (legal cause) for combination, and because hardship was not mentioned as a Shari’ah 'illah in the texts. Analogy (qiyas) cannot be performed without an 'illah, let alone the fact that matters of worship are not reasoned (la tu'allal) and analogy is not applied to them...] End of quote from the book.
I hope this is sufficient, and Allah is All-Knowing and All-Wise.
Your Brother, Ata bin Khalil Abu al-Rashtah
23 Rabi’ al-Akhir 1444 AH Corresponding to 17/11/2022 CE
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