A discussion with some students of knowledge regarding the issue of reciting al-Fatihah in the loud prayers behind the imam.

The questioner : As for the issue of the follower not reciting, we are convinced by what you said: that it is not obligatory for the follower to recite al-Fatihah if the imam recites it aloud, based on the evidence you mentioned.

The Shaykh : Yes, there is no harm in that, because if those who came before us, who were more knowledgeable than us and more mindful of our Lord, differed, then we are even more likely to differ. However, they differed without splitting apart, so we will remain with them and not split apart, if Allah wills. But today we were gathered with one of the shaykhs here, and we mentioned this issue. We said: We must combine two qualities that were among the good qualities of our righteous predecessors. One of them is that they did not follow scholars blindly, and each of them, being a scholar of knowledge, naturally issued rulings based on what he considered the stronger evidence. The common people, as the jurists say, "have no school of thought; their school is the school of their mufti", did not show partisanship for Abu Bakr or 'Umar. So there is no Bakri school, no 'Umar school, no 'Uthman school, and no 'Ali school. So it is obligatory for us, whether scholars, students of knowledge, or common people, to be on this path. And despite their disagreement, they did not split apart; their prayer was one, their congregation was one, their gathering was one, and so on. Whereas the schools of thought followed by people today have divided them in many ways. So if we are not convinced, there is no harm in that, but we want to hear the doubt that prevented you from being convinced, perhaps we will be convinced by what you have.

The questioner : By Allah, what appears to me or comes to mind now is the narrations, or some of the narrations, mentioned by Imam al-Bukhari (may Allah have mercy on him) in *Juz' al-Qira'ah* (The Chapter on Recitation). Based on these narrations, the distinguished scholar Sheikh Abd al-Rahman al-Mubarakpuri (may Allah have mercy on him), the author of *Tuhfat al-Ahwadhi*, wrote a book on this issue titled *Tahqiq al-Kalam* in Urdu. I translated and authenticated this book, but I was not able to publish it. The Shaykh reached the conclusion, after mentioning the narrations, that it is obligatory for the ma'mum (follower) to recite with the imam, and this is a specific ruling for Surat al-Fatihah. He also mentioned, as you graciously stated in the answer, that a specific pause is not prescribed, which is a habit of some people. The clearest of the narrations is that the Prophet (peace and blessings be upon him) finished some of the prayers in which recitation is done aloud and said: In another narration: . The narration in *Juz' al-Qira'ah* has a chain that, as far as we know, is authentic. This narration is explicit that the Prophet (peace and blessings be upon him) was disturbed in his recitation in the prayer where recitation is done aloud. Then he made an exception only in this prayer and said: . The situation indicates that it is obligatory for the imam and all the ma'mum to recite al-Fatihah, even in the loud prayers. This is the strongest doubt regarding the objection to the issue.

The Shaykh : I like that you, esteemed Shaykh, called your argument a doubt. This makes it easier for us to refute it. If it had been a proof, it would have been difficult for us to refute it.
I have some observations regarding what you mentioned. I am presenting them to you:
First: There is a need for caution in authenticating this narration. The authenticator took the path of overlooking, or turning a blind eye to, a defect in the chain that occurred. Are you mentioning it?

The questioner : I think it contains Ibn Ishaq.

The Shaykh : It contains Ibn Ishaq, and above him is Makhlul al-Shami, our fellow countryman. This Makhlul is accused of tadlis (concealment of a defect in a chain). This is one aspect. From another aspect, he, Makhlul, narrates it from 'Ubadah ibn al-Samit. The hadith is from 'Ubadah. So if he uses the term "from" (an'anah), his narration is, at the very least, a subject of investigation and caution, because he has been accused of tadlis. Then, in some narrations, and through the path of Ibn Ishaq whom you named, he names a man between him and his shaykh, and this man is unknown. So this hadith is questionable in its establishment from the Messenger (peace be upon him) with this story. As for the original hadith, you have heard: and it is agreed upon by al-Bukhari and Muslim. This is one point.
The second point: If we assume the hadith is authentic and overlook the defect we mentioned, there is great caution in using the hadith as evidence for obligation. Because you see with me that the hadith says: and this is a prohibition. Then it made an exception from the prohibition: . An exception from a prohibition does not imply obligation. "Do not do such and such except such and such" is an exception from a prohibition that implies permissibility, not obligation. Just as in the verse, if you remember it, because my memory does not help me except at the point of citation. Do you remember what comes before the saying of Allah the Exalted: Do you remember what comes before it?

The questioner : .

The Shaykh : Well done. Here: "except" is not a prohibition; "except" implies permissibility, not obligation. So the hadith follows this measure exactly: "Do not do, do not recite absolutely, except with al-Fatihah of the Book." So this is exactly like that. And it confirms that this exception does not imply obligation is a narration in *Musnad Imam Ahmad* with an authentic chain, which says: : This means a weaker permissibility, meaning as they say in some countries: "It's okay if you recite al-Fatihah." So where do we take the obligation in the case of the follower following the imam who recites al-Fatihah aloud?

The questioner : But the reasoning and so on has great consideration, for there is no prayer.

The Shaykh : This is correct; the reasoning is in its place. But -may Allah bless you- the reasoning is linked to the exception. If the exception implies obligation, and that is not the case, then the reasoning is in its place. And if the exception here, as is the stronger position with us, does not imply obligation, but rather the reasoning implies the exception of this matter, namely: reciting al-Fatihah, from the prohibition, for there is no recitation for one who does not recite. So this sentence is explanatory of the exception, and the ruling it contains, if this ruling is obligatory, is a confirmation of the obligation linked to the original: .
And if it does not imply obligation but only permissibility, and the weaker permissibility as indicated by the other narration: This is a matter related to the hadith.