Regulations Pertaining to How the Sick Person is to Purify Himself and Pray

 

الحمد لله رب العالمين، وصلى الله وسلم على نبينا محمد وعلى آله وأصحابه أجمعين، أما بعد

 

Shaikh ‘Abdul-‘Azeez bin Baaz (rahimahullaah) said:[1] “Since the Islamic legislation is based upon ease and convenience, Allaah, The Glorified and Most High, lightened for the people of valid excuse their acts of worship – in accordance to their excuse, in order that they should be able to worship Him, The Most High, without difficulty and without hardship. He, The Most High, said:

وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ

((And [He] has not placed upon you in the religion any difficulty)) (Al-Hajj: 78)

 

He, The Glorified, said likewise:

يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ

((Allaah desires ease for you and does not desire hardship for you)) (Al-Baqarah: 185)

 

He, The Mighty and Majestic, said also:

فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ

((So fear Allaah as much as you are able.)) (At-Taghabun: 16)

 

He (‘alaihis salaatu was-salaam) said:

إذَا أَمَرْتُكُمْ بِأَمْرٍ فَأْتُوا منه ما اسْتَطَعْتُمْ

((If I command you with an affair; then do of it as much as you are able.))[2]

 

He said likewise:

إِنَّ الدِّينَ يُسْرٌ

((Indeed the religion is ease))[3]

 

How does the sick person purify himself?

 

Shaikh Muhammad bin Saalih Al-‘Uthaimeen (rahimahullaah) mentioned:[4]

First: It is obligatory upon the sick person to purify himself with water from minor impurity, and that he washes (wholly) from major impurity.

Second: So if he cannot make purification with water due to his inability or for fear of an increase in sickness or a delay in recovery; then he is to make tayammum (purification with earth).[5]

Third: The method of making tayammum: is that he should strike the clean earth with both his hands with a single strike, and wipe the whole of his face with them, then wipe his hands with one another.[6]

Fourth: So if he is unable to purify himself then he should be helped to perform wudhu or helped to perform tayammum by another person so that the person strikes the clean earth with both his hands and wipes them on the face of the sick person and his hands – just as if he was unable to make wudhu by himself; then someone else should help him perform it.

Fifth: If there is a wound in some of the limbs which he is to make purification of then he should wash it with water, if however the washing of it in water (negatively) produces an effect upon him then he should wipe it, then he should wet his hand with water and then move it over it. Yet if the wiping also (negatively) produces an effect upon him then he should perform tayammum instead.[7]

Sixth: If there is a breakage in some of his limbs that is tied up with a piece of cloth or is in plaster then he should wipe over it with water as an alternative to washing it, and he does not need to make tayammum because the wiping is a substitute of the washing.[8]

Seventh: It is permissible to make tayammum upon a wall or on something else that is clean and has dust upon it. So if the wall has been wiped with anything other than the things akin to the earth; such as paint – then he should not make tayammum upon it except if it has dust upon it.

Eighth: If it is not possible to make tayammum upon the earth or a wall or anything else that has dust on it then there is no objection if he places some soil in a vessel/container or upon a handkerchief and makes tayammum from it.

Ninth: If he made tayammum for a prayer and he still maintains his state of purification until the time of the next prayer; then he should pray it with the initial tayammum and should not repeat making tayammum for the second prayer, because he does not cease to be in his state of purification and does not find that which would invalidate it.

Tenth: It is obligatory upon the sick person to cleanse his body from impurities, so if he is unable; then he is to pray in his state, and his prayer is correct and there is no need upon him to repeat it.

Eleventh: It is necessary upon the sick person that he prays in clean clothes, since if his clothes are defiled; then it is necessary to wash them or to change them for clean clothes. If it is not possible; then he should pray in his state, and his prayer is correct and there is no need upon him to repeat it.[9]

Twelfth: It is obligatory upon the sick person to pray upon something clean, if his place (of prayer) is unclean; then it is obligatory to wash it or to change it for something that is clean or that he spreads out something clean upon it. If it is not possible; then he should pray in his state, and his prayer is correct and there is no need upon him to repeat it.

Thirteenth: It is impermissible for the sick person to delay the prayer from its time because of an inability in making purification, rather he should purify himself to the extent that he is able, then he should pray the prayer in its time – even if there is impurity on his body and garment or his location due to which he is unable to do anything.”

 

The Obligation of the Prayer Upon the Sick Person

 

Shaikh ‘Abdul-‘Azeez bin Baaz (rahimahullaah) said: “It is impermissible to abandon the prayer in any situation from the circumstances, rather it is obligatory upon the one who is under obligation that he be ardent over the prayer in the days of his sickness more than his ardency upon it in the days of his sound health. Therefore it is impermissible for him to abandon the obligatory prayer until its time elapses – even if he be sick – for as long as he is of sound mind, rather it is upon him to carry it out in its time according to his ability. Therefore if he leaves it deliberately whilst he is of sound mind, knowledgeable of the legislative ruling, and is one who is under obligation to do so and has the strength to carry it out – even if it be by way of gesture/motion; then he is sinful.”[10]

 

Shaikh ‘Uthaimeen (rahimahullaah) mentioned: “That which is necessary upon the sick person who has sound intellect is that he should pray the prayer in accordance to his circumstance, Allaah, The Most High, said:

فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ

((So fear Allaah as much as you are able.))  (At-Taghaabun: 16)

 

Likewise the Prophet (sallallaahu ‘alaihi wa ‘alaa aalihi wa sallam) said to ‘Imraan bin Hussain:

صَلِّ قَائِمًا، فَإِنْ لَمْ تَسْتَطِعْ فَقَاعِدًا، فَإِنْ لَمْ تَسْتَطِعْ فَعَلَى جَنْبٍ

((Pray standing, if you cannot do so then sitting, if you cannot do so then lying upon a side.))[11]

 

So that which is necessary upon the sick person – for as long as his intellect is sound is that he is to pray standing, if he cannot do so then he is to sit, and if he cannot do so then whilst lying upon a side. So he gestures with his head, and if he is incapable (of that) then it has been said that he is to gesture with the eyes and it has likewise been said that he is to pray with his heart, as for his abandonment of the prayer because he becomes tired – whilst he is able to carry it out; then this is a great error.

Furthermore; Allaah has indeed facilitated ease for the sick person from a third aspect; and that is that he can combine between two prayers: between the Dhuhr prayer and the ‘Asr prayer, and between the Maghrib prayer and the ‘Ishaa prayer if it is difficult for him to pray each prayer in its time. As for the abandonment of the prayer, then this is haraam (forbidden) – impermissible.”[12]

 

How Does the Sick Person Pray?

 

Shaikh Muhammad bin Saalih Al-‘Uthaimeen (rahimahullaah) mentioned:[13]

First: It is necessary upon the sick person that he prays the obligatory prayer standing – even if it is by stooping/leaning or supporting oneself against a wall, or by way of a stick with which he supports himself.

Second: If he is unable to stand; then he should pray sitting, and what is better is that he should be sat cross-legged[14] when in the position of standing and bowing.

Third: If he is unable to perform the prayer sitting; then he should pray on his side whilst facing the qiblah – and the right side is better.[15] Yet if he is unable to face the qiblah; then he should pray whichever way he is facing and his prayer is correct and there is no need for him to repeat it.

Fourth: If he is unable to pray on his side; then he should pray lying down (on his back) with his legs to the qiblah, and it is better that he raises his head a little in order to face the qiblah.[16] If he is unable to have his feet facing the qiblah; then he should pray as they are, and there is no need for him to repeat it.

Fifth: It is necessary upon the sick person that he makes the bowing and the prostration in his prayer, if he is unable then he should gesture/motion them both with his head, and he should make the prostration to be lower than the bowing.[17] If he is able to make the bowing but not the prostration; then he should bow at the time of bowing and gesture/motion with the prostration, and if he is able to make the prostration but not the bowing; then he should prostrate at the time of prostration and gesture/motion with the bowing.[18]

Sixth: If he is unable to gesture/motion with his head in the bowing and the prostration; then he gestures with his eyes,[19] he closes them a little for the bowing and closes them with more closure for the prostration. As for indicating with the finger as is done by some of the sick people; then it is not correct and I do not know of a basis for it from the Book and the Sunnah or from the statements of the people of knowledge.[20]

Seventh: If he is unable to gesture/motion with the head; nor make indication with the eyes; then he should pray with his heart,[21] therefore he makes takbeer and recites and intends the bowing and the prostration and the standing and the sitting with his heart

وَإِنَّمَا لِكُلِّ امْرِئٍ مَا نَوَى

((And for every person is that which he intended)).[22]

 

Eighth: It is obligatory upon the sick person to pray every prayer in its time and that he does all that he is able to do from that which is obligatory in it, so if it is difficult upon him to perform every prayer in its time; then it is for him to combine between the Dhuhr and the ‘Asr prayer and between the Maghrib and ‘Ishaa prayer. Either a preceding combination whereby he brings the ‘Asr prayer earlier to Dhuhr and the ‘Ishaa prayer to Maghrib, or either a delayed combination whereby he delays the Dhuhr prayer to ‘Asr and the Maghrib prayer to ‘Ishaa according to what is easier for him. As for Fajr, then it cannot be combined to that which is before it – or to that which is after it.

Ninth: If the sick person is a traveler and is seeking medical treatment in other than his country; then he can shorten the four unit prayer, so he prays Dhuhr and ‘Asr and ‘Ishaa as two units, two units until he returns to his country, whether the duration of his journey is long or short.”

 

 

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[1] As occurs in his Majmu’ Fataawa 12/238

[2] Reported by Al-Bukhaaree (no.6744) and the wording is his, and it is reported by Muslim (no.4348)

[3] Reported by Al-Bukhaaree (no.38)

[4] As occurs in his Majmu’ Fataawa 11/155-156

[5] The legislated reasons for which a person is permitted to perform tayammum in such cases is explained by Shaikh ‘Abdul-‘Azeez bin Baaz (rahimahullaah) when he said as occurs in his Majmu’ Fataawa 12/240: “If he has a sickness from which he fears harm upon himself or harm to a limb or the occurrence of a sickness from which he fears harm upon himself or harm to a limb or a loss of benefit, then this is permissible (as reason) for him to make tayammum due to His saying, The Most High:

وَلَا تَقْتُلُوا أَنفُسَكُمْ ۚ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًا

((And do not kill yourselves. Indeed Allaah is to you ever Merciful.)) (An-Nisaa: 29)”

 

[6] Shaikh ‘Uthaimeen explained further: “The method of performing tayammum is; to strike the earth with his hands with a single strike, then he wipes them upon his face and his hands and wipes his hands with each other, this is the manner of performing tayammum for the one who is unable to observe purification with water. So if the sick person performs tayammum; then his tayammum stands in place of his wudhu, therefore as long as he remains upon his state of purification and is not invalidated with anything from the things which invalidate (one’s purification), then there is no need upon him to repeat the tayammum – even if it remains from the morning until ‘Ishaa.” (Fataawa Noor ‘ala Darb 3/108)

[7] The permanent committee of scholars stated: “If there happens to be in a place from the places of wudhu a wound, and it is not possible to wash it or wipe over it because that leads to the fact that this wound intensifies or that its recovery is delayed; then that which is obligatory upon this individual is to perform tayammum.” (Fataawa al-Lajnah ad-Daa-imah 5/357)

[8] Shaikh ‘Uthaimeen mentioned that the evidence for wiping over bandages and plasters and the like is not free of difference between the people of knowledge, the reason being that the ahaadeeth reported in its regard are weak, yet still there are those from the scholars who hold that these ahaadeeth collectively raise it to a level of proof, whilst others from them do not hold this due to their weakness. The Shaikh then stated: “However the closest of the statements (to what is correct) is that one should wipe, and this wiping suffices him against performing tayammum, hence there is no need for it, therefore we say that if a wound is to be found in the limbs which are to be purified, then he has stages:

The first stage: is that it is exposed and that washing it does not harm it, so in this stage it is obligatory upon him to wash it if it is in a place that is to be washed.

The second stage: is that it is exposed but washing would harm it as opposed to wiping, so in this stage it is obligatory upon him to wipe as opposed to washing.

The third stage: is that it is exposed but washing and wiping is harmful to it, so here he should perform tayammum.

The fourth stage: is that it is hidden by a plaster or with something like it which he is in need of, so in this stage he should wipe over this covering, and it suffices against washing the limb and he should not perform tayammum.” (Majmu’ Fataawa 11/172)

[9] Shaikh ‘Uthaimeen mentioned: “It is necessary upon the sick person to avoid all of that which the healthy sound person avoids in his prayer by way of impurities and other than it. Therefore he should pray in clean clothes and should pray on a clean floor, so if there is an impurity on his clothing which he is unable to remove; he should pray in it and there is no need upon him to repeat it, this being due to his inability to remove these garments, except if it is possible for him to wash it, such as the impurity being located at the bottom of the garment and it is possible for him to wash it then he should wash it.” (Fataawa Noor ‘ala Darb 3/110)

[10] Majmu’ Fataawa 12/244

[11] Reported by Al-Bukhaaree (no.1117)

[12] Al-Liqaa-aat ash-Shahriyyah 1/511

[13] As occurs in his Majmu’ Fataawa 15/229-230

[14] Shaikh ‘Uthaimeen mentioned: “He should sit cross-legged upon his buttocks, tucking his lower legs into his thighs. This is called tarabbu’ (sitting cross-legged), because the lower leg and thigh on the right and the lower leg and thigh on the left are all visible, whereas in the position of iftiraash (sitting kneeling); the lower leg is hidden under the thigh, whilst as for sitting cross-legged, then all four parts are visible.

Is sitting cross-legged obligatory? No, sitting cross-legged is a Sunnah, so if one were to pray in a sitting kneel position then there is no harm, and if he were to pray sitting with his knees drawn up to the chest then there is no harm due to the generality of the statement of Prophet (sallallaahu ‘alaihi wa sallam):

فَإِنْ لَمْ تَسْتَطِعْ فَقَاعِدًا

((if you cannot do so then sitting))

 

He did not state the method of one’s sitting. So if a person was to say; is there any proof that one should pray cross-legged? Then the answer is yes; ‘Aaishah said: ((I saw the Prophet [sallallaahu ‘alaihi wa sallam] praying while sitting cross-legged.)) (Reported by An-Nasaa-i no.1662) Likewise since sitting cross-legged in most cases has more tranquility and ease than in the position of iftiraash (sitting kneeling). Likewise there is another benefit and it is the differentiation between sitting for the standing and the sitting which is in its actual place, because if we were to say that he should be in the position of iftiraash (sitting kneeling) when in the state of standing, then there would be no difference between the sitting in its place and the sitting that is substituting the standing. Likewise when he is in the state of bowing some of them said: he should be in the position of iftiraash (sitting kneeling), and what is correct is that he should be cross-legged, because the one who is bowing is standing, he has raised and straightened his lower legs and his thighs, and there is nothing in it except the bending of the back. So we say: this one who is sat cross-legged should remain cross-legged and make the bowing whilst he is cross-legged, and this is what is correct in this issue.” (Sharh al-Mumti’ 4/327-328)

[15] Shaikh ‘Uthaimeen said: “The Prophet (sallallaahu ‘alaihi wa sallam) said to ‘Imraan bin Hussain:

 فَإِنْ لَمْ تَسْتَطِعْ فَعَلَى جَنْبٍ

((if you cannot do so then lying upon a side.))

 

He did not state which of the two sides he should be upon, therefore we say; he has the choice of doing so on the right side or the left side. What is better is that he does that which is easier for him, so if it is easier for him to be on his right then it is better and if it be the opposite then it is better. Since many of the sick people; especially those who are sick with pleurisy, their lying down on one of the two sides is easier for them than lying down on the other side, therefore he should do what is easier and facilitated for him, since the situation is a situation of permitted concession and facilitation. Yet if the two sides are equal then the right side is better.” (Sharh al-Mumti’ 4/328-329)

[16] Regarding the prayer in this position, Shaikh ‘Uthaimeen (rahimahullaah) stated an important point when he said: “It is not correct (to pray in this position) along with the ability to do so upon one’s side, because the Prophet (sallallaahu ‘alaihi wa sallam) said to ‘Imraan bin Hussain:

 فَإِنْ لَمْ تَسْتَطِعْ فَعَلَى جَنْبٍ

((if you cannot do so then lying upon a side.))

 

So this method is stipulated through textual proof by way of the legislation and it is distinguished from lying down (on one’s back) in that the face of the sick person faces the qiblah. As for lying down (on one’s back), then the face of the sick person is to the sky, therefore lying upon his side he is closer to facing (the qiblah), and this saying is more outweighing. Therefore the order of the prayer of the sick person is as follows:

He prays standing, if he cannot do so then he does so whilst sitting, if he cannot do so then on one’s side, if he cannot do so then lying down (on one’s back) with his legs to the qiblah.” (Abridged from Sharh al-Mumti’ 4/329-330)

[17] Shaikh ‘Uthaimeen mentioned: “To gesture/motion meaning: the sick person who is praying when sitting, when he makes the bowing and prostration, meaning when in a state of bowing and prostration – and he should make it lower, i.e the prostration from that of the bowing, meaning that he makes his prostration to be lower – and this is in the case when he is unable to make the prostration, as for if he is able to do it then he should gesture/motion with the bowing and prostrate, due to His saying, The Most High:

فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ

((So fear Allaah as much as you are able.)) (At-Taghaabun: 16)

 

So if he cannot do so then he should gesture/motion with the prostration, an example is that the sickness is in his eye, so the doctor says to him: ‘do not prostrate’ or it is in his head and therefore if he lowers his head the ailment will intensify and he will become troubled due to it. So we say: here you should gesture/motion with the prostration and you should make the prostration lower than the bowing in order for the prostration to be distinct from the bowing, since this is the case in the one who is able bodied, the one who prostrates is on the ground whilst the one who is bowing is above, this is if he is sitting.”

Point of benefit: Shaikh ‘Uthaimeen mentioned: “Yet if he is lying on his side then he should gesture/motion with the bowing and the prostration, however how does he gesture? Is the gesture – with the head going to the ground in that he is like the one who is turning (i.e. away) or is the gesture with the head toward the chest? The answer is that he should gesture with the head toward the chest, because gesturing to the ground has in it a form of turning away from the qiblah, in contrast to gesturing toward the chest, since the direction remains towards the qiblah, so he should gesture in a state of lying down to his chest a little in the bowing, and should gesture/motion more-so in the prostration.” (Sharh al-Mumti’ 4/330-331)

[18] What if a person finds during his prayer that he is able to do actions which he was unable to do beforehand? Shaikh ‘Abdul-‘Azeez bin Baaz said: “Whenever the sick person is able during his prayer to do that which he was incapable of doing by way of the standing or sitting or bowing or prostration or gesturing/motioning, then he should switch to it and therefore build upon that which passed from his prayer.” (Majmu’ Fataawa 12/243)

Shaikh ‘Uthaimeen stated similarly when he said: “If the sick person is able during the prayer to carry out that which he was incapable of beforehand then he should proceed to it. An example of that: a sick man is incapable of standing and so he started in the prayer whilst sitting, and during the prayer he finds some agility in himself, so we say to him: stand up – on the basis of the principle:

فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ

((So fear Allaah as much as you are able.)) (At-Taghaabun: 16)

 

صَلِّ قَائِمًا، فَإِنْ لَمْ تَسْتَطِعْ فَقَاعِدًا

((Pray standing, if you cannot do so then sitting.))

 

Likewise the opposite; if in the beginning of the prayer he was agile and so he started in the prayer whilst standing, then he became fatigued and so sat down, then we say: there is no objection – due to the noble aayah:

فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ

((So fear Allaah as much as you are able.)) (At-Taghaabun: 16)

 

Likewise the hadeeth:

صَلِّ قَائِمًا، فَإِنْ لَمْ تَسْتَطِعْ فَقَاعِدًا

((Pray standing, if you cannot do so then sitting.))

 

This incorporates whether the incapacity is initial or incidental.” Sharh al-Mumti’ 4/334-335.

[19] The Shaikh (rahimahullaah) mentioned praying with the gesture of the eyes because there are those from the people of knowledge who endorse this opinion, however; the Shaikh himself did not share this opinion, and this is something that the Shaikh stated clearly, for example in Sharh al-Mumti’ (4/331) after quoting the weak hadeeth in this regard; he said: “However; this hadeeth is weak and due to this many of the scholars did not hold it in view, and they stated that is one who  is unable to gesture/motion with the head; then the actions (of the prayer) fall away from him.” The Shaikh likewise stated his position on this issue when he said: “So (praying with) the eye – and it is a point of difference between the scholars; it has preceded with us that that which is correct is that he should not pray by way of it.” (Sharh al-Mumti’ 4/333)

[20] Shaikh ‘Uthaimeen said: “Some of the masses say that if one is unable to gesture/motion with the head then he should gesture/motion with the finger, so he raises his finger in the position of standing and bends it a little in the position of bowing and he contracts it in the position of prostration, because as he was incapable (of carrying it out) in entirety; then it is necessary upon him with a part, and the finger is a part of the person. So if his entire body is rendered incapable; then let the thing that prays be the finger, and the index finger is worthier because it is that with which he indicates with in the dhikr of Allaah and of supplication to Him. So if he were to gesture/motion with the middle finger; then the analogy of their principle is that the prayer in incorrect because the index finger – it is commissioned that it be prayed with. Yet this has no basis to it and the Sunnah did not come with it and it was not stated by the people of knowledge.” (Sharh al-Mumti’ 4/333)

[21] The Shaikh discussed this issue and of the difference of opinion among the scholars concerning it in further detail in Sharh al-Mumti’ 4/332 when he said:

“Some of the scholars stated that if one is unable to gesture with the head, then the prayer falls away from him, so here there are three opinions:

The first opinion: if he is unable to gesture with the head, then he should gesture with his eyes

The second opinion: the actions fall away from him – but not the verbal utterances.

The third opinion: the actions as well as the verbal utterances fall away from him, meaning that the prayer is not obligatory upon him at all, and this opinion is the choice of Shaikh ul Islaam Ibn Taymiyyah (rahimahullaah).

The outweighing of these three opinions is: that the actions fall away from him only, because it is that which he was unable to perform, as for the verbal utterances, then they do not fall away from him – because he is able to carry it out, and Allaah, The Most High, said:

فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ

((So fear Allaah as much as you are able.)) (At-Taghaabun: 16)

 

So we say: make the takbeer and recite and intend (i.e. in the heart) the bowing and therefore make the takbeer and make the glorification with the tasbeeh of the bowing, then intend the standing and say: ((Allaah listens and responds to the one who praises Him)) until the end of it. Then intend the prostration so make the takbeer and make the glorification with the tasbeeh of the prostration, because this is pursuant to the legislative principles

فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ

((So fear Allaah as much as you are able.)) (At-Taghaabun: 16)”

 

[22] Reported by Al-Bukhaaree (no.1) and Muslim (no.1907) As stated earlier, this is an issue which is differed upon amongst the people of knowledge, from them are those who state similar to that which Shaikh ‘Uthaimeen mentioned regarding praying with the heart such as Imaam An-Nawawee (rahimahullaah) who said: “So if he is rendered incapable of making indication with the head; then he should gesture with his glance/eye; and all of this is obligatory. Thus if he is incapable of gesturing with the glance/eye; then the actions of the prayer are imposed and so brought about upon his heart, so if he becomes rendered speechless then it is imperative that the Qur’aan and the obligatory invocations are imposed and so brought about upon his heart – just as it is imperative that the actions are imposed and so brought about.” (Al-Majmu’ 4/207)

Al-Haafidh Ibn Hajr likewise discussed this issue and in particular the reason for the difference between the opinions of the scholars when he said: “Those that state that the sick person – after his inability of lying down is not to switch to another form such as indicating with the head then to gesture with the glance/eye then the imposition of the Qur’aan and invocation upon the tongue then upon the heart – they utilize as proof the fact that all of that is not mentioned in the hadeeth, and it is the opinion of the Hanafees and the Maalikees and some of the Shaafi’ees. Some of the Shaafi’ees held the aforementioned categorization, and they made that which is conditional for the prayer to be: the procurement of intellect, therefore due to the fact that he has presence of sound intellect, the commission with regard to it does not fall away from him. So he should come with that which he is able to, the proof of which is his saying (sallallaahu ‘alaihi wa sallam):

إذَا أَمَرْتُكُمْ بِأَمْرٍ فَأْتُوا منه ما اسْتَطَعْتُمْ

((If I command you with an affair; then do of it as much as you are able.))

 

This is what was utilized as proof by Al-Ghazaali, and Ar-Raafi’ee made critical review of his opinion by stating that the report is a command to come with that which encompasses what has been commanded, and sitting does not encompass standing. Ibn Salaah answered by stating that we do not say that the one who comes with sitting has come with that which he is able to by way of standing for example; however we say that he is one who comes with that which he is able to of the prayer, because the above mentioned are forms of classification of prayer – some of them being lesser than others. So if one is rendered incapable of carrying out the highest and comes with the lower; then he has come with that which he is able to from the prayer. It has likewise been criticized that these above mentioned forms of the prayer are a subdivisional issue of the legality of prayer by way of them – and it is the point of dispute.” (Fathul Baaree 3/499)

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