(Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Amir of Hizb ut-Tahrir, to Questions from Visitors to his Facebook Page)
Answer to a Question
To Ziyad Abu Tariq
Question:
As-Salamu Alaykum wa Rahmatullah wa Barakatuh,
I am currently in a hospital accompanying my sick son in the treatment room. While I was performing the prayer, a nurse (who is a disbeliever) passed in front of me. Does my prayer become invalid, noting that I cannot leave the room?
Answer:
Wa Alaykum As-Salam wa Rahmatullah wa Barakatuh,
Whether a woman passing in front of a praying person "cuts" (invalidates) the prayer is a matter of disagreement among the Fuqaha (jurists). It is a matter concerning Ibadat (acts of worship), and I do not wish to adopt (tabanni) a specific opinion on it. However, I will convey to you the opinions of the reputable Fuqaha regarding this subject, so you may follow (taqleed) whomever you feel most comfortable with regarding their Ijtihad on the matter:
• The opinion of the Hanafis is that the prayer is not cut by the passing of a woman or anyone else. It is stated in Al-Mabsut by its author: Muhammad bin Ahmad bin Abi Sahl Shams al-A’imma al-Sarakhsi (d. 483 AH):
"(If a passer-by, whether a man, woman, donkey, or dog, passes in front of him, it does not cut his prayer according to us...
'Our evidence' is the Hadith of Abu Sa’id al-Khudri—may Allah be pleased with him—who said: The Messenger of Allah ﷺ said:
لَا يَقْطَعُ الصَّلَاةَ مُرُورُ شَيْءٍ وَادْرَءُوا مَا اسْتَطَعْتُمْ
'The passing of anything does not sever the prayer, and repel [the passer-by] as much as you can.')"
• The opinion of the Malikis: It is stated in Al-Dhakhira by its author Abu al-Abbas Shihab al-Din Ahmad bin Idris bin Abd al-Rahman al-Maliki, known as al-Qarafi (d. 684 AH):
"(Sixth: He said in the Book: Nothing that passes in front of the praying person cuts the prayer...)"
• The opinion of the Shafi’is: It is stated in Al-Majmu’ Sharh al-Muhadhdhab by its author Abu Zakaria Muhyi al-Din Yahya bin Sharaf al-Nawawi (d. 676 AH):
"(The third issue: If one prays toward a sutrah (barrier) and a man, woman, child, disbeliever, black dog, donkey, or any other animal passes between him and it, his prayer is not invalidated according to us...)"
• The opinion of the Hanbalis: It is stated in the book Al-Mughni by its author Abu Muhammad Muwaffaq al-Din Abdullah bin Ahmad bin Muhammad bin Qudamah al-Maqdisi (d. 620 AH):
"(An issue: He said: 'Nothing cuts the prayer except a pure black dog.' Meaning if it passes in front of him. This is the well-known view from Ahmad—may Allah have mercy on him—transmitted by the group from him. Al-Athram said: Abu Abdullah was asked, what cuts the prayer? He said: Nothing cuts it in my view except a pure black dog... and the meaning of al-bahim (pure) is that which has no color other than black. And from Ahmad there is another narration: that it is cut by a black dog, a woman if she passes, and a donkey...)"
• As you can see, according to the Hanafis, Malikis, and Shafi’is, the prayer is not cut, while according to one opinion of the Hanbalis, the prayer is cut.
I ask Allah (swt) to open your heart to what is best. Wassalamu Alaykum wa Rahmatullah wa Barakatuh.
Your brother, Ata bin Khalil Abu al-Rashtah
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