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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on praying voluntary prayers in the Sacred Mosque during the times of prohibition?

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Question : The questioner asks: Is it permissible for a person to perform voluntary prayers in the Sacred Mosque during the times of prohibition without a reason, based on the hadith of the Prophet (peace and blessings be upon him): "O sons of 'Abd Manaf, do not prevent anyone who has circumambulated the House or is praying..." or as he (peace and blessings be upon him) said?

Answer : We say that the scholars (may Allah have mercy on them) differed regarding the Sacred Mosque: is there a prohibition on prayer in it or not? Some held that there is no prohibition on prayer in the Sacred Mosque, and they cited this hadith as evidence:
You descendants of ‘Abd Manaf must not prevent anyone who goes round this House and prays at any hour of the night or day he wishes.يا بني عبد مناف لا تمنعوا أحدا طاف بهذا البيت وصلى فيه أية ساعة شاء من ليل أو نهار
Mishkat al-Masabih 1045
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They said that the Shari'ah lifted the prohibition on prayer in the Sacred Mosque so that people would increase their prayer in it, because prayer in it is equivalent to a hundred thousand prayers, so the Shari'ah was lenient with them. The majority held the opposite, that the times of prohibition are established in the Sacred Mosque and in other mosques, and that the intent of this hadith is to direct the rulers of the people, or to prohibit the rulers in this Sacred Mosque from preventing people from what Allah has made lawful for them, namely circumambulation or prayer. Accordingly, His saying "at whatever time he wishes" is a general statement qualified by what the texts indicate regarding the times in which prayer is performed and the times in which it is not. This is the correct opinion. I say that "at whatever time he wishes" is not to be taken in its generality regarding the choice, but rather, you, O rulers of the Sacred Mosque, do not prevent anyone who wishes to circumambulate it or wishes to pray in it from what Allah has made lawful for him, at whatever time he wishes, night or day. Accordingly, it is not permissible to perform absolute voluntary prayer during the times of prohibition, neither in the Sacred Mosque nor in any other place. As for qualified voluntary prayer that has a reason, such as the greeting of the mosque, a person prays it when he enters the mosque, whether in the Sacred Mosque or in the mosques of other lands. When you enter, do not sit until you pray two rak'ahs. Likewise, if the sun is eclipsed after 'Asr, you pray the eclipse prayer wherever you are, because this prayer has a reason. Similarly, if you perform wudu' and wish to pray, even during a time of prohibition, that is permissible. The conclusion is that any prayer qualified by a reason is permissible during the times of prohibition; this is the opinion that reconciles the evidence. Likewise, if you prayed in your mosque or in your home and then came to another mosque where they are praying, you pray with them, even if it is during a time of prohibition. If you prayed 'Asr in your mosque, for example, and then came to this mosque and found them praying, enter with them and pray with them. The Prophet (peace and blessings be upon him) prayed the Fajr prayer one day in the Musjid al-Khaif in Mina with two men who had stayed behind and not prayed with the group. The Prophet (peace and blessings be upon him) called for them, and they were brought trembling with fear of the Messenger (peace and blessings be upon him). He asked, "What is the matter with you?" meaning, why did you not pray with us?
They said, "O Messenger of Allah, we prayed in our tents." He said:
when you pray in your camp then you come to a Masjid with a congregation, then pray with them. That will be a voluntary prayer for you.إذا صليتما في رحالكما ثم أتيتما مسجد جماعة فصليا معهم فإنها لكما نافلة
Jami` at-Tirmidhi 219Sahih (Darussalam)
Fajr. This is evidence for what we mentioned, that all voluntary prayers that have reasons are performed at their times. From this, if a person circumambulates after the 'Asr prayer or after the Fajr prayer, he prays the two rak'ahs of tawaf because it is a sunnah (recommended practice) with a reason. As for istikharah, istikharah is not prayed during a time of prohibition except in a necessary matter that would be missed before the time of prohibition ends; in that case, there is no harm in performing istikharah. Otherwise, wait until
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[6 من 18] ما حكم صلاة النافلة في المسجد الحرام في أوقات النهي؟!! ابن عثيمين - مشروع كبار العلماء — youtube.com

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