Answered by Shaykh Faraz Rabbani
I have recently read a few pages from a book called `Congregational Prayer’ by Dr. Saalih ibn Ghaanim al-Sadlaan, under the section regarding the rule of praying the Fard prayers in the Mosque, he mentioned the different opinions of the scholars on this matter. Reading the different opinions I was surprised to find that the view of-Imam Abu Hanifah rahamatullahi alayhi (and Imam Shafi rahamatullahi alayhi) was that congregational salah was `Fard kifaayah’. This is also the opinion of Imam Tahawi rahamatullahi alayhi, a high-ranking jurist and muhaddith of the Hanafi’s as mentioned in Bahishti Zewar.
This strengthens the position, that this was Imam Abu Hanifah view, and maybe one or both of his students (Imam Abu Yusaf and Imam Muhammad) but Allah knows best. The book also mentioned this was the position of many Hanafi’s and the view adopted by Jurists of Kufah.
The second opinion was that it is Sunnah Muakkadah, as mentioned in Mukhtasar al Quduri, and in Al Kasani work (Badai al Sanai), quoting Al karkhi who said it is Sunnah Muakkadah (but said there is no difference between Sunnah Muakkadah and Wajib, essentially both the same thing) and others.
And the third opinion that it is Wajib. Ibn Humaam, Halabi, Ibn Nujaim, Ibn Abideen and others are of this opinion
There is no doubt that there is a difference of opinion between the early Hanafi and the later Hanafi’s. Early Hanafi’s who said it was Fard kifaayah, and the later Hanafi’s who said it either Sunnah Muakaddah or Wajib, that one is sinful if he does not pray in Jammah (basically Fard Ain).
Is it permissible for me to follow Imam Abu Hanifah, Imam Tahawi and the early Hanafi’s who said that congregational salah is Fard Kifaayah, and not Sunnah Muakaddah or Wajib, which is the opinion of later Hanafi scholars? Am I still a Hanafi if I do this, or is this totally impermissible (Haram) to follow this opinion, and is this opinion invalid. If one does not attend Jammah without a excuse even once would he be sinful from a Hanafi point of view (those who say its Wajib) even though I follow the early Hanafi authorities (scholars- Abu Hanifah, Tahawi) that its Fard kifaayah.
NB: The opinion of Imam Shafi, and the position of Imam Nawawi and the majority of the Shafi scholars is that congregational salah is Fard kifaayah. It being Fard Kifaayah can be found also in the Reliance of the Traveller (Shafi Fiqh).
Walaikum assalam,
A few things:
1. One does not take the position of a madhhab from books outside the madhhab;
2. Contemporary “Drs” of Shariah are notorious in misunderstanding traditional texts, as most have never read even one substantial traditional fiqh work completely under a scholar. Some are familiar with one or two madhhabs; being familiar with “all x-number” of madhhabs, as they try to do, is not easy.
3. The primers (mutun) of the Hanafi school are the most reliable source for determining what the final position of Imam Abu Hanifa and his students is regarding a given issue. All the early and late mutun of the madhhab agree on congregational prayer being either a confirmed sunna or wajib; as discussed previously, the difference is slight.
4. This is also the position of Imam Abu Bakr al-Jassas al-Razi, as mentioned in his Ahkam al-Qur’an. He quotes his teacher, Imam al-Karkhi, as saying it is a communal obligation (fard kifaya).
5. The congregational prayer being a communal obligation does not negate it also being personally a confirmed sunna: if some perform it, the obligation is lifted, but not the sunna.
6. Imam Tahawi was a mujtahid; he had many positions that disagree with the transmitted opinion of Abu Hanifa.
7. Imam Badr al-Din al-`Ayni discussed the various positions within the school regarding congregational prayer in his expansive commentary on Sahih al-Bukhari, Umdat al-Qari (5.161-162), but does not mention that it is an established opinion of Abu Hanifa that it is a communal obligation. This opinion was not deemed relied upon by the scholars of tarjih.
8. Imam Shafii said in his Umm: “I do not allow anyone who is able to attend the congregational prayer to miss it, unless they have an excuse. [Shafii, al-Umm, 1.154]
9. Imam Sulayman al-Jamal al-Shafii explained in his Hashiya on Shaykh al-Islam Zakariyya al-Ansari’s Sharh al-Manhaj what the opinion that the congregational prayer is a communal obligation means:
“If we say that it is a communal obligation (fard kifaya), and enough people perform it to consider it to have been establisher, it is apparent that it remains a confirmed sunna (sunna mu’akkada) for the rest, such that it remains disliked to leave it, as the general import of the scholars’ saying, ‘The excuses to leave it are such and such.,’ indicates, as well as what it says in [Imam Nawawi’s] al-Minhaj: “There is no excuse to leave it.” [Hashiyat al-Jamal `ala Sharh al-Manhaj, 5.492]
10. As such, there is no established opinion of consequence that the congregational prayer is not at least a confirmed sunna on the individual male believer. The difference is whether it is also a communal obligation, above and beyond that.
Walaikum assalam,
Faraz Rabbani.