What is the ruling on passing in front of a person praying in the Haram?
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The questioner : May Allah reward you. This is a woman asking: "Peace be upon you, and Allah's mercy and blessings. Honorable Shaykh! We women in the Haram find it difficult to pray facing a sutrah because women pass between us and the sutrah, even though we try to prevent them, but it is of no use. Everyone mocks us and says, 'Yes, or no.' We are in the Haram, and there is no prohibition on passing in front of the one praying in the Haram. What should we do? Please advise us, and may you be rewarded."
The Shaykh : I say: It is established from the Prophet (peace and blessings be upon him) that he said:Sahih Muslim 507a. What sin is upon him for what? If it were a sin, it would be better for him to stand for forty years, as in a narration by al-Bazzar, than to pass in front of the one praying. And there is no evidence that specifically singles out the Sacred Mosque and excludes it from this ruling entirely.
Therefore, we say to these women who claim that we are in the Haram and the Haram does not prohibit passing in it: We say, if they have evidence for this matter, let them bring it; otherwise, let them bear the sin. And it is established from him (peace and blessings be upon him) that if a person prays facing something that screens him from people,Sahih al-Bukhari 509, the Prophet (peace and blessings be upon him) described this man or this passer as a devil. Yes, what is it? It does not repeat. The reality is that it is obligatory for the woman not to pass through. She may pass along the side, which is passing by the side, meaning, if someone says, "I need to pass through," we would say, "Yes, we do not say do not go out; go out, but instead of passing through and cutting across the people, pass lengthwise between the people, between the two men, or between the two women, and in that case, there is no harm."
And you, in that case, if you harm the praying people by passing between them, you are only harming them for a need. And some of the praying people, you find, the prayer ends and he remains in his place, even though he sees that people need to pass through, and this is undoubtedly a mistake, and he has no right to do so. If you have finished your prayer and you see that people need to pass through, stand up. And uglier than that are those who remain behind the Maqam of Ibrahim. Either for the sake of increasing the prayer, or for supplication. As for increasing the prayer, what is prescribed in the prayer behind the Maqam is only two rak'ahs. And what is prescribed in these two rak'ahs is also to lighten them, that the person should lighten them and not lengthen them, and lengthening them in them is contrary to the Sunnah. As for supplication at the Maqam of Ibrahim, this has no basis at all in the Sunnah of the Messenger (peace and blessings be upon him), but it is an innovation of the ignorant. No supplication for the roof of Zamzam has been reported, as we see some people standing on the roof of Zamzam now and supplicating. And no supplication for the Maqam of Ibrahim has been reported, as we see some people now standing at the Maqam and harming the praying people with their loud voices, supplicating with a supplication that has no basis in the Sunnah. And I call upon these people. May Allah the Exalted and Majestic, that they fear Allah in themselves and fear Allah in their believing brothers. In themselves, where they have introduced into the religion of Allah what is not from it. And if they have evidence, let them help us with it. And if they do not have evidence, let them fear Allah and avoid this. As for their harming the praying people at the Maqam, let it be said, some people come and gather ten men, then stand in front of them with a loud voice and a resonant voice and supplicate to Allah the Exalted and Majestic. And Allah the Exalted said: "And do not raise your voice in your prayer, nor lower it, but seek a way between."[Al-A'raf 7:55] So the important thing, may Allah bless you, is that we say that the Sacred Mosque is like other mosques; it is not permissible for anyone to pass in front of the one praying, even if he remains for forty minutes, correct? Yes, it is correct. Even if he remains for forty days, that is also incorrect. Even if he remains for forty months, even if he remains for forty years, it is correct that he stands until the one praying finishes his prayer, even if he remains for forty years. Otherwise, he bears of the sin what, if he knew it, he would choose to stand for forty years and not pass in front of the one praying. Sit down. As for the issue of the disagreement of scholars in this matter and others, Allah the Exalted and Majestic says: [An-Nisa 4:59] And if we were to follow the dispensations of the scholars, the matter would be dangerous and the religion would be lost.
So the disagreement among scholars, we have a reference for it in the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). If we find in the Sunnah what indicates the permissibility of passing in front of the one praying in Makkah, or in the Sacred Mosque, or in any place on earth, then it is upon our eyes and heads. But we have general, decisive texts that we do not specify with just a hadith that was reported that the Messenger (peace and blessings be upon him) used to pray and the circumambulators would pass in front of him. This hadith has an unknown opinion. And even if it were authentic, it was only for the one praying near the circumambulation, near the Tawaf, or in the Tawaf. Yes, these people need to pass through because they are circumambulating. Yes. As for the claim that it is permissible without evidence, because he did not pass in front of the Prophet (peace and blessings be upon him) and his sutrah, but he passed in front of some of the rows. And if people are behind the imam, there is no harm in passing in front of them if the prayer has been established. There is no harm in passing in front of the praying people, even if a woman passes, because it does not cut off the prayer, because the imam's sutrah is behind him.
The Shaykh : I say: It is established from the Prophet (peace and blessings be upon him) that he said:
If anyone who passes in front of a man who is praying knew the responsibility he incurs, he would stand still forty (years) rather than to pass in front of him
لو يعلم المار بين يدي المصلي ماذا عليه لكان أن يقف أربعين خيرا له من أن يمر بين يديهTherefore, we say to these women who claim that we are in the Haram and the Haram does not prohibit passing in it: We say, if they have evidence for this matter, let them bring it; otherwise, let them bear the sin. And it is established from him (peace and blessings be upon him) that if a person prays facing something that screens him from people,
and if he refuses, he should use force against him for he is a Shaitan (a Satan).
فأراد أحد أن يجتاز بين يديه فليدفعه، فإن أبى فليقاتله فإنما هو شيطانAnd you, in that case, if you harm the praying people by passing between them, you are only harming them for a need. And some of the praying people, you find, the prayer ends and he remains in his place, even though he sees that people need to pass through, and this is undoubtedly a mistake, and he has no right to do so. If you have finished your prayer and you see that people need to pass through, stand up. And uglier than that are those who remain behind the Maqam of Ibrahim. Either for the sake of increasing the prayer, or for supplication. As for increasing the prayer, what is prescribed in the prayer behind the Maqam is only two rak'ahs. And what is prescribed in these two rak'ahs is also to lighten them, that the person should lighten them and not lengthen them, and lengthening them in them is contrary to the Sunnah. As for supplication at the Maqam of Ibrahim, this has no basis at all in the Sunnah of the Messenger (peace and blessings be upon him), but it is an innovation of the ignorant. No supplication for the roof of Zamzam has been reported, as we see some people standing on the roof of Zamzam now and supplicating. And no supplication for the Maqam of Ibrahim has been reported, as we see some people now standing at the Maqam and harming the praying people with their loud voices, supplicating with a supplication that has no basis in the Sunnah. And I call upon these people. May Allah the Exalted and Majestic, that they fear Allah in themselves and fear Allah in their believing brothers. In themselves, where they have introduced into the religion of Allah what is not from it. And if they have evidence, let them help us with it. And if they do not have evidence, let them fear Allah and avoid this. As for their harming the praying people at the Maqam, let it be said, some people come and gather ten men, then stand in front of them with a loud voice and a resonant voice and supplicate to Allah the Exalted and Majestic. And Allah the Exalted said: "And do not raise your voice in your prayer, nor lower it, but seek a way between."
Call upon your Lord in humility and privately; indeed, He does not like transgressors.
ادْعُوا رَبَّكُمْ تَضَرُّعًا وَخُفْيَةً إِنَّهُ لَا يُحِبُّ الْمُعْتَدِينَAnd if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًاSo the disagreement among scholars, we have a reference for it in the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). If we find in the Sunnah what indicates the permissibility of passing in front of the one praying in Makkah, or in the Sacred Mosque, or in any place on earth, then it is upon our eyes and heads. But we have general, decisive texts that we do not specify with just a hadith that was reported that the Messenger (peace and blessings be upon him) used to pray and the circumambulators would pass in front of him. This hadith has an unknown opinion. And even if it were authentic, it was only for the one praying near the circumambulation, near the Tawaf, or in the Tawaf. Yes, these people need to pass through because they are circumambulating. Yes. As for the claim that it is permissible without evidence, because he did not pass in front of the Prophet (peace and blessings be upon him) and his sutrah, but he passed in front of some of the rows. And if people are behind the imam, there is no harm in passing in front of them if the prayer has been established. There is no harm in passing in front of the praying people, even if a woman passes, because it does not cut off the prayer, because the imam's sutrah is behind him.
Source
دروس وفتاوى المسجد الحرام لعام 1409هـ - 16 — binothaimeen.net (46:43)
The Arabic text is a machine transcription of the audio recording.
