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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it prohibited to pray the four-rak'ah regular voluntary prayer of Zuhr in a manner similar to the obligatory Zuhr prayer, as was reported regarding the Witr prayer and the Maghrib prayer?

Machine translationRead the Arabic original
The questioner : First, its similarity to the Zuhr prayer?

The Shaykh : Yes, so we say that the prohibition came regarding the Witr prayer, that it should not be prayed as three rak'ahs with two tashahhuds; because he (peace be upon him) said:
Do not make the Witr prayer similar to the Maghrib prayer لا تشبَّهوا بصلاة الوتر بصلاة المغرب
, but it is not correct for us to use analogical reasoning (qiyas) now, so that we analogize the four-rak'ah sunnahs to the four-rak'ah obligatory prayer. It is not correct for us to analogize; because if the Prophet (peace and blessings be upon him) had intended this broad meaning that we reach by way of analogical reasoning, he would not have specified the Witr prayer with the prohibition of making it similar to the Maghrib prayer. So at that point, we stop at the explicit text and do not analogize from it. And for that reason, I am pleased with the statement of Imam al-Shafi'i (may Allah have mercy on him) regarding analogical reasoning. Perhaps you know that there is a well-known disagreement among scholars regarding whether analogical reasoning is one of the evidences of the Shari'ah. The majority are of the opinion that the evidences are four: the Book, the Sunnah, scholarly consensus (ijma'), and analogical reasoning. As for Ibn Hazm and those who follow his school in adhering to the apparent meaning, he rejects analogical reasoning in its entirety and in detail, and does not consider it valid in any way. But the correct view is the moderation that Imam al-Shafi'i (may Allah have mercy on him) indicated when he said: "Analogical reasoning is a necessity that a Muslim does not resort to except when he is compelled to analogize."
So our example now is that we are not compelled to analogize. We stop at his statement (peace be upon him) regarding the prohibition of making the Witr prayer similar to the Maghrib prayer, and that is enough. We come to the four-rak'ah sunnahs; it is permissible—we say—for one to pray them with two tashahhuds and one taslim. Even if this sunnah is similar to the obligatory prayer; because we do not have a prohibition against that. But the most we can say is: the best is for him to pray them two rak'ahs, two rak'ahs; that is: two rak'ahs with a tashahhud and a taslim, two taslims. Likewise, the other two rak'ahs, due to his statement (peace and blessings be upon him):
Prayer by night and day should consist of pairs of rak'ahs. صلاة الليل والنهار مثنى مثنى
Sunan Abi Dawud 1295Sahih (Al-Albani)
. And as it is authentic from the Prophet (peace and blessings be upon him) that he prayed the night prayer two rak'ahs, two rak'ahs, with two taslims in every two rak'ahs. Likewise, it is authentic from him (peace and blessings be upon him) that he prayed five rak'ahs with one taslim. So it is permissible for us—also—to pray two rak'ahs, two rak'ahs. In fact, this is the best due to the previous hadith. And it is also permissible to pray with two tashahhuds and one taslim; because there is no prohibition against that. In fact, that is what some of the hadiths indicated, which you referred to earlier in "al-Silsilah." So we do not analogize here, but rather we stop at the original principle without being compelled to use analogical reasoning.
This is regarding the first question. And the second question?
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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