Pushing back the one who passes in front of the one who is praying and the sin that is upon the pass
Contributor: Translation by Abu Rumaysah
Creator: Imam ash-Shawkani
Date: 2007-07-25
Format: text
Identifier: http://www.islaam.com/Article.aspx?id=271
Language: en
Subject: prayer
Title: Pushing back the one who passes in front of the one who is praying and the sin that is upon the pass
Created on: Wed Jul 25 21:06:25 -0400 2007
Updated on: Wed Jul 25 21:06:25 -0400 2007
Version: 1
Abstract: ... e pass in front of him." The literal sense of forbiddance is that it is haraam to do so. His saying [no.1], "and if he refuses then fight him." I.e. He first pushes him back without fighting him thereby starting with the easiest way, then he moves on to employing more force then even more until he reaches the point that he fights him. Qaadee Ayaadh and al-Qurtobee said, "they have unanimously agreed that this does not require him to fight him with a weapon, this because it contradicts the basic principle of concentrating and busying oneself with the prayer." A group of the Shaafi`ee scholars generalised and said that it is upon him to literally fight the one who passes in front of him but ibn al-Arabee declared this far fetched saying, "what is meant by fighting is pushing back [with force]." Al-Baajee was of a strange opinion saying, "it is possible that what is meant by fighting is cursing and rebuke." Al-Haafidh [ibn Hajr] followed this up by saying that this would require him to speak in the prayer thereby invalidating it which is not true of enacting the easy matter [i.e. pushing back]. Al-Ismaa`eelee reported the hadeeth with the wording, "and if he refuses then place his hand on his chest and push him back," this is explicit that the pushing back is to be done with the hand. This was done by Abu Sa`eed to the slave who wished to pass in front of him – he pushed him back by pushing his chest – then when the slave returned he pushed him back with more force as occurs in al-Bukhaaree and others. Al-Bayhaqee quoted from ash-Shaafi`ee that "the meaning of fighting was to push back with more force than was employed on the first occasion." Qaadee Ayaadh said, "if he pushed him back in a permissible manner and caused his death then there is no retribution [qawad] against him by agreement of the scholars but is blood money due upon him or not? There are two opinions of the scholars concerning this both of these being voiced by the Maalikee scholars." Qaadee Ayaadh and ibn Battaal report a consensus that it is not permissible to walk from ones place in order to push back or to perform a great deal of movement and action in pushing back. This is because these types of actions are more detrimental to the prayer then having someone walk in front of you. An-Nawawee said, "I do not know of any of the legal jurists who were of the opinion that this pushing back was obligatory." Al-Haafidh followed this up by saying that the Dhaahirees had explicitly stated that it was obligatory. The literal sense of the hadeeth supports them. His saying [no.2], "for indeed he is a shaytaan." Al-Haafidh said, "applying the term shaytaan to the human being who passes in front of the one praying is something permissible for their occurs in the Qur`aan the saying of the Exalted, "the shaytaans of the humans and jinn." The reason for this application is that he has do... [Full Article...]
