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If witr prayer is necessary, then how can we say there are only 5 obligatory prayers?

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

If you have to make up witr, why do Muslims say there are five prayers a day?  There are six that a Muslim MUST pray?  difference in madhabs?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam,

This is because there is a fundamental difference between a fard and a wajib. There are 5 fard prayers. Leaving these is extremely grave; denying them is kufr. Witr is wajib according to the Hanafis (and the most emphasized of the confirmed sunnas according to others). Leaving this, according to Hanafis is grave; denying it is sinful.

Big difference.

that’s a really fundamental difference if the madhabs differ on the obligatory nature of witr.  That means that certain madhabs could be missing 16% of their required prayers everyday.  I took comfort in the saying that the differences in the madhabs were minor.

No. Allah has made some matters clear and unequivocal. No one differs about these.

Other matters have been made open to ijtihad, so the Ummah has differed. There is a spectrum of differences that is acceptable, which are those differences that arise out of a sound methodological interpretation of the primary texts. There is scholarly consensus (ijma`), as the masters of usul al-fiqh explain in their texts, that it is obligatory to follow established general methodological principles of interpretation.

The result of sound ijtihad on issues of difference is not certainty (yaqin). It is reasonable surety (ghalabat al-dhann). This is enough in legal matters (though not enough in matters of necessary belief, where absolute certainty is required)

Because of this, the scholars of fiqh concur on the principle that, “We hold our position to be right, with the possibility of being wrong. We hold opposing positions to be wrong, with the possibility of being right.” [Mentioned in Durr al-Mukhtar, introduction, and countless other texts]

This is the basis of the enlightened, principle-based tolerance that is a hallmark or the traditional Sunni path.

As a result, the works of fiqh tell us that it is not permitted to condemn others on issues where there is legitimate difference of opinion. (One may, however, give people advice (nasiha), using wisdom and good words, towards what one understands to be right, if there is genuine benefit in doing so, as they also explained.)

May Allah gives us the success to follow the footsteps of the inheritors of His Beloved, the Messenger of Allah (blessings and peace be upon him, his family, and companions), the scholars of the Sunni path (Allah be pleased with them), to the life-giving guidance of His Deen.

Walaikum assalam,

Faraz Rabbani.

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