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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Raising the Hands After the Obligatory Prayer and Following the Schools of Jurisprudence

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Question:
Some people from Pakistan, and these people raise their hands after the obligatory prayer, so the Imam told them that this is a bid'ah (religious innovation), but they said that raising the hands after the obligatory prayer is a sunnah (recommended practice) in the madhhab (school of jurisprudence) of Abu Hanifah, and they did not stop, and they continued with that, so what is the way out?

Answer:
There is no school of thought among the scholars of the scholars but that it contains some errors. Every scholar makes mistakes and hits the mark; he is not infallible. Abu Hanifah is a scholar among the scholars, and al-Shafi'i is a scholar among the scholars, and Malik is a scholar among the scholars, and Ahmad ibn Hanbal is a scholar among the scholars, and al-Awza'i is a scholar among the scholars, and al-Thawri is a scholar among the scholars, and so on, many scholars from the Salaf and the Qalam. It can be said of each one that he has errors and mistakes according to his independent legal reasoning, because some knowledge may be missed by them, and some hadiths may be missed by them. So it is not said that everything a scholar says is the truth. No, the sayings of the scholars are presented to the Book and the Sunnah. Their sayings are presented to the Book of Allah and the Sunnah of His Messenger Muhammad (peace and blessings be upon him). So whatever agrees with them or one of them is the truth, and whoever contradicts the Book and the Sunnah, or contradicts both of them, is invalid. And if a scholar among the scholars said [raising the hands after the prayer], if it is established that Abu Hanifah said it, if it is established, then not everything his followers do is from his saying. But if it is established that he said it, or that some of the Imams of the Hanafis said it, then this is an error. This is among the mistakes that occurred to him, because the Messenger (peace and blessings be upon him) did not do this. The Messenger did not, when he said the closing salam in the midday prayer, or the afternoon prayer, or the sunset prayer, or the night prayer, or the dawn prayer, invite the people to how the Prophet (peace and blessings be upon him) did this. And the action of the Prophet is preserved. The scholars transmitted it, the hadith scholars transmitted it, and the narrators explained to us that he (peace and blessings be upon him) says: "I seek forgiveness from Allah three times. O Allah, You are Peace and from You is peace. Blessed are You in the one who granted that to the disbelievers." Then he turns to the people and says: "There is no deity
There is no god but Allah, alone, without any partner. To Him belong the Kingdom and praise, and He has power over everythingإلا الله وحده لا شريك له، له الملك وله الحمد، وهو على كل شيء قدير
Muwatta Malik 20:131
, there is no power and no strength except with Allah. There is no deity but Allah, and we seek refuge in none but Him. His is the blessing, His is the favor, and His is the good praise. There is no deity but Allah, we are sincere to Him in our religion, even if the disbelievers hate. O Allah, there is no one who can prevent what You have given, and there is no one who can give what You have not given, and the harm of the one who lies does not benefit." This is what the narrators said, and the Companions narrated it from the Prophet (peace and blessings be upon him). And they did not say, and they are the most knowledgeable people about the Sunnah, that he raised his hands after the salam. And they did not conceal anything they saw but explained it to us. They explained what he left and what he did (peace and blessings be upon him), and they are the trustworthy ones. So they did not mention that he used to raise his hands after the salam, and the people did with it. And if that had been the case, they would not have neglected it, but they would have transmitted it. So their leaving it is a proof, and their transmitting it is a proof. And they did not leave anything, even the small things. They transmitted that when he sat in the tashahhud, he would clasp his fingers and move the index finger, and sometimes he would move the thumb. The Chosen One (peace and blessings be upon him) moved the index finger. And they transmitted that when he said the salam, he would turn to his right and to his left. And they transmitted that when he saw something in their hands at the time of the salam, he forbade them, saying: "Do not move your hands." So the Prophet (peace and blessings be upon him) would come out of the sun, and he ordered them to be calm in their prayers. And they explained that when you sit between the two prostrations, you place your right hand on your right thigh and your left hand on your left thigh, and sometimes he would place them on his knees. All of this they explained (may Allah be pleased with him), and they did not explain and did not say that he used to raise his hands after he said the salam from the obligatory prayers. So on this basis, the action of the Hanafis or the Imams among them is an error. It is a contradiction of the Sunnah, so it is not befitting to become accustomed to it.
And so, what came from Abu Hanifah regarding not raising the hands when bowing, and when rising from it, and when standing for the first tashahhud, this is what the Hanafis do. The sunnah is not completed in this. So I am not satisfied with them in this. The Sunnah is the judge over the people. The Prophet (peace and blessings be upon him) used to raise his hands when entering the state of ihram (the consecrated state of pilgrimage) like this, and when bowing like this, and when rising from the bowing like this he would raise his hands, and when standing from the first tashahhud to the third he would raise his hands, as the people of knowledge said, and the Companions explained it, and it is established from the Prophet (peace and blessings be upon him) that he would raise them opposite his shoulders, and sometimes he would raise them opposite his ears when he first says the takbir (saying Allahu akbar), and when bowing, and when rising from it, and when standing for the first tashahhud. And this was issued as a fatwa (a scholarly legal ruling) against the Hanafis, and against some of the people of knowledge, so they said: "Then why did he not say it is a sunnah?" But he knew it from those who knew it from the people of the Sunnah, and the scholars knew it. Those who knew it by the Sunnah of the Prophet (peace and blessings be upon him) explained that it is prescribed, and that it is a sunnah. And if he contradicted this in this case, then the rule is that what some scholars say, or what many scholars say, and others contradict it, the judge in it is the Book of Allah and the Sunnah of the Messenger (peace and blessings be upon him). Because Allah said:
And if you disagree over anything, refer it to Allah and the Messengerفَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ
[An-Nisa 4:59]
And He the Exalted said: "And they differed in
And in anything over which you disagree - its ruling is [to be referred] to Allah. [Say], "That is Allah, my Lord; upon Him I have relied, and to Him I turn back."شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِ
[Ash-Shuraa 42:10]
" So whatever people dispute in, Allah and His Messenger judge it by referring it to the Qur'an and the Sunnah. So whatever agrees with them or one of them is the truth, and whatever contradicts them is returned to its speaker, even if he is great, even if he is a great man, even if he is a big man. So the Sunnah and the truth are greater than that. May Allah guide them all, and may Allah send prayers upon
Source ندوات الجامع الكبير مع الأسئلة - 34 — archive.org (1:07:27)

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