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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on the witr prayer?

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The Shaykh : As for the second ruling, it is that the witr prayer is not obligatory; rather, it is, as 'Ali (may Allah be pleased with him) said when he was asked about the witr prayer, "Is it obligatory like the obligation of the five daily prayers?" He said, "No, it is a recommended practice (sunnah) established by the Messenger of Allah (peace and blessings be upon him)." So the Messenger of Allah (peace and blessings be upon him) leaving off the witr on that night is a very strong indication of the difference between the witr in terms of its ruling and the obligatory prayer; for the obligatory prayer is never dropped under any circumstances, whereas the witr was left off by the Messenger of Allah (peace and blessings be upon him) on that night. This clarifies the first ruling, and then the second ruling, which is that the witr is a recommended practice (sunnah) and not an obligatory prayer. There are other proofs that confirm this second ruling, which is that the witr is a recommended practice (sunnah) and not an obligatory prayer or a duty, as some of the early jurists and those who follow them among the later scholars say that the witr is obligatory. It is not an obligatory prayer like the five daily prayers, nor is it a recommended practice (sunnah) like the ten well-known units of the regular voluntary prayers (rawatib) in every day and night, as some of the early jurists and those who followed them say. However, the Sunnah is more deserving of being followed, especially as I mentioned last that there are other proofs that the witr is not among the obligatory prayers.
five prayers in every day and night خمس صلوات في كل يوم وليلة
Sahih al-Bukhari 1395
. When that Bedouin asked the Prophet (peace and blessings be upon him), "Is there anything else upon me besides them?" he said,
No, except if you offer voluntary prayer, except if you offer voluntary prayer لا إلا أن تطوع إلا أن تطوع
. So, other than the five daily prayers in every day and night, I hope you will look carefully at my statement "in every day and night." His saying to him, may Allah's prayers and blessings be upon him,
No, unless you do it voluntarily. لا إلا أن تطوع
Sunan an-Nasa'i 458Sahih (Darussalam)
, indicates that nothing is obligatory in every day and night except those five prayers. I hope you will reflect with me on this qualification, for what will follow will clarify this and serve as advice to the community. When that Bedouin, or that man, heard the saying of the Prophet (peace and blessings be upon him) to him,
No, unless you do it voluntarily. لا إلا أن تطوع
Sunan an-Nasa'i 458Sahih (Darussalam)
, he said, "By Allah, O Messenger of Allah, I will not add to them nor subtract from them." Then he, may Allah's prayers and blessings be upon him, said:
The man has succeeded if he is truthful; he will enter Paradise if he is truthful. أفلح الرجل إن صدق ، دخل الجنة إن صدق
. Before we return to that qualification, I must point out a matter that is rare to find pointed out in the depths of the books of hadith, let alone elsewhere, and it is rare for many scholars to point out this important matter, which is that in this narration,
That man will be successful, if he is telling the truth. أفلح الرجل إن صدق
Muwatta Malik 9:103
, there is an addition: "and his father,"
He became successful, by his father, if he speaks the truth, he will enter paradise, by his father, if he speaks truth. أفلح الرجل وأبيه إن صدق ، دخل الجنة وأبيه إن صدق
Sunan Abi Dawud 3252
. This oath, from the perspective of hadith science, is an anomalous narration, meaning a weak narration that is not suitable as a proof, even though it has been reported in some of the routes of the hadith in the authentic collections. However, the trustworthy narrators shun it and avoid it and did not narrate it because it was not preserved from the Prophet (peace and blessings be upon him). I return to that qualification: this hadith,
Except if you offer voluntary prayer إلا أن تطوع
, means that there is nothing obligatory in every day and night along with the five daily prayers as a regular, organized obligation, just as he established those ten units of the regular voluntary prayers (rawatib); this does not contradict that. I am addressing this because I know that there are some issues and some doubts mentioned by some people, either as a passing doubt or to defend a school of thought. For example, what is the ruling on the two 'Id prayers? If it is said that they are obligatory or a duty, these are two terms that convey one meaning, because there is no legal difference between saying "this is an obligatory prayer" or "this is a duty." There is only a terminological difference in one of the followed schools of jurisprudence, and terminology does not concern us. The matter is as it was said: "It is permissible for every people to agree on whatever they wish." But no terminology should be relied upon or depended upon in interpreting the texts of the Shari'ah, whether they are in the Book or in the Sunnah...
Source www.al-albany.com

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