The Jews imposed a curfew in Palestine starting before the 'Isha' prayer. Is it permissible for Muslims to combine the Maghrib and 'Isha' prayers by advancing them, and that

The Shaykh : Please, my brother Abu 'Ammar.

The questioner : Shaykh, regarding the same combination in Palestine, they have something called a curfew. Sometimes the curfew starts after the Maghrib adhan, before 'Isha', or just before 'Isha'. Is it permissible for them to combine the two prayers because they cannot walk to the 'Isha' congregational prayer, and whoever does so is exposed to imprisonment or something similar?

The Shaykh : The answer is the same answer: if it is more likely in their opinion that they will not be able to pray.

The questioner : In congregation.

The Shaykh : In congregation, and they perform 'Isha' in its time, then they may combine them.

The questioner : If they are able to pray 'Isha' at home, and it is more likely that they will come for the congregation, which is better for them: to combine and perform it in congregation, or to pray it individually in their homes?
The student : Or in congregation in their homes.

The Shaykh : No, let me clarify. The original rule is that they pray in congregation in the mosque. It is not permissible to go out after Maghrib if it is more likely that going out is not possible. Then they pray in their homes, and then the congregation happens in the homes.
The student : They do not combine.

The Shaykh : No, they do not combine.
The student : Because there is no need.

The Shaykh : Yes, because there is no harm.
The student : There is harm in performing it in congregation in the mosque, and there is harm in performing it individually in the home.

The Shaykh : There is harm in performing the congregation in the mosque. Yes, and what is the other one?
The student : There is no harm in performing it in the home. So which harm is the criterion? The criterion is the performance in the mosque.

The Shaykh : Excuse me, by performing the congregation in the mosque, do you mean the same congregation as the mosque's congregation?
The student : In the scenario mentioned, yes, the same congregation as the mosque's congregation in the scenario mentioned.

The Shaykh : They can pray in a home.
The student : No, I mean they were praying Maghrib, and walking for 'Isha' involves harm.

The Shaykh: Yes.
The student : But if they pray the 'Isha' prayer in their homes, there is no harm, or in congregation in the homes.

The Shaykh : What we mean here is that they pray in their homes individually or in congregation.
The student: Yes.

The Shaykh : Individually or in congregation.
The student : Our Shaykh, I mean that the harm for which combining is permissible, has that harm not been realized for them? The criterion for the harm is walking to the mosque for the congregation... In the transmission of our Shaykh from Ibn al-Qayyim in *Bada'i' al-Fawa'id*, he says: "And the keen scholars have deduced the prescription of combining the two prayers in the case of prohibition, based on the obligation of congregational prayer. So when two excuses, two matters, came: an excuse that prevents them from performing the prayer in congregation in the mosque, and the other excuse that they pray it in its time, the Shari'ah preferred the congregational prayer in the mosque over the prayer in its time." Therefore, the congregational prayer in the mosque is stronger than the prayer in its time.

The Shaykh : Do you mean that they pray Maghrib in congregation and 'Isha' in congregation by advancing it?
The student : By advancing it.

The Shaykh : Yes, this is very clear.
The student : It is permissible for them to do this.

The Shaykh : It is permissible.
The student : Even if, for example, one finds difficulty with the statement that Professor Mazin mentioned, that they pray in the home or pray in congregation in the home.

The Shaykh : No, the congregational prayer in the home is not like the congregational prayer in the mosque.
The student : For the excuse of advancing, for the excuse of combining for advancing.

The Shaykh : They combine in the mosque. That is correct.
The student : Even if this continues for many days.

The Shaykh : Yes, because this is not in their possession and not within their power.
The student : If it continues... the original rule in Gaza is that after a certain hour, for example eight o'clock, the curfew is in effect, meaning...

The Shaykh : This is what we used to hear before.
The student : Before the ruling...

The Shaykh : Is it still in effect?
The student : No, it is over now.
Another student: ... they call it the Zaki ruling.

The Shaykh : Okay, we need to leave. Do you have anything else?
The student : I have something.