18 – MEKRŪHS OF NAMĀZ

Most of the following information has been translated from Durr-ul-mukhtār, and from its explanation Radd-ul-muhtār.

The mekrūhs of namāz are of two kinds. When used alone, the word mekrūh means Tahrīmī mekrūh, which is a prohibition that has been determined by dalīl (proof) or deduction (zann). Something for whose prohibition there is no proof or witness but which it is good not to do is called Tanzīhī mekrūh. It is (Tahrīmī) mekrūh not to do the wājibs [and the muakkad sunnats] and (tanzīhī) mekrūh not to do the [sunnats that are not muakkad] in namāz. Tanzīhī mekrūh is closer to halāl and Tahrīmī mekrūh is closer to harām. Though the namāz performed with mekrūhs is sahīh, it will not be accepted (maqbūl), that is, one will not receive the blessings promised. Below are the forty-four mekrūhs of namāz:

1 - It is mekrūh to drape your coat over your shoulders instead of putting it on. It is not mekrūh to leave the front of your coat open or shut.

2 - When prostrating for the sajda, it is mekrūh to pull up your skirts or your trouser cuffs.

3 - It is mekrūh to begin namāz with your skirts or sleeves rolled up. If you made an ablution in a hurry in order to catch the imām and as a result left them rolled up, you should unroll them slowly during namāz. Likewise, if a person’s headgear falls off as he performs namāz, he had better put it back on his head. [Therefore, it is mekrūh to begin namāz with short sleeves that only go down to the elbows, with a flannel, or with short trousers that are just below the knees. It is wrong to say: “It is mekrūh to perform namāz with a shirt with long sleeves that are rolled up, but it is not mekrūh with a short sleeved shirt.” Every fiqh book refers to: “rolled-up skirts and sleeves.” A skirt is not rolled up. But it is lifted up so as to uncover the legs. The book Ni’mat-i islām says concerning the eleventh of the mekrūhs of namāz: “It is mekrūh for a man to begin namāz with bare arms.” Also, it is written on the two hundred and sixty-eighth page of the book Ma’rifatnāma that it is mekrūh to perform namāz with bare arms]. Sleeves that are above the elbows are even worse. If a person rolls up his trousers or sleeves during namāz, his namāz becomes nullified.

4 - Useless movements, such as playing with your clothes, are mekrūh. But useful movements do not bring harm upon your

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namāz, e.g. wiping the sweat off your forehead with your hand. When your trousers or loose robe stick on your skin, it is not mekrūh to pull them away from your skin lest the shape of your awrat parts are seen. It is mekrūh to shake off dust. There is a hadīth prohibiting useless movements in namāz and laughing loudly in a cemetery. It is not useless to scratch yourself during namāz, but raising your hand three times within one rukn nullifies your namāz.

5 - It is mekruh to perform namāz by wearing clothes that you work in or that you could not wear if you were to see your superiors. Yet it is not mekrūh if you have no other clothes. [If you have enough money you should buy extra clothes.] It is not mekrūh to perform namāz by wearing pyjamas or any other clothing that you wear when going to bed.

6 - It is mekrūh to have something in your mouth that will prevent you from reciting the Qur’ān al-kerīm correctly. If it prevents you from pronouncing the Qur’ān correctly your namāz becomes nullified.

7 - To perform namāz bare-headed. If a person does not cover his head because he slights the importance of covering his head in namāz, it is mekrūh. But if he ignores it because he means to slight namāz itself, he becomes a disbeliever. Kasal (indolence) means not to do something because one does not want to do it. But inability means not to do something because one cannot do it though one wants to do it. If one’s headgear falls, it is recommendable to put it back on one’s head with a single action. There is no harm in performing namāz bare-headed in order to show your humbleness, yet you still had better cover your head. It is also mekrūh to uncover your head seeking comfort and relief from heat. [You can cover your head with a headgear of any colour when performing namāz. Books of dīn do not contain any statements concerning black headgear being worn by Jews in synagogues. It is sunnat to wear a black headgear. See chapter 8!]

[Rasūlullah and the Sahāba performed namāz with their blessed na’ls [pattens] on. Na’ls are shoes with leather soles. It is written in the book Terghīb-us-salāt: “It has been said by savants that a person sitting in namāz barefooted, without socks on, should use his right hand to cover the sole of his foot. For it is bad manners to show your soles to other Believers at any time. Żn

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namāz it is even more distasteful. According to some other savants, one must not cover one’s bare foot with one’s hand during namāz. For it is sunnat to put one’s hands on one’s thighs when sitting in namāz. And the person sitting behind you, in turn, should look down at his own lap in adherence to the sunnat. When both individuals sit in accordance with the sunnat no bad manners will occur.” As it can be seen, even according to those savants who say that one should not cover one’s foot with one’s hand when sitting, being barefooted is repugnant. Since it is mekrūh to take one’s hands away from one’s thighs while sitting, one should not commit a second mekrūh in order to make up for the mekrūh of being bare-footed. Savants have said that if the person behind you looks at his lap, in regards to him you will become secure against annoying the person sitting behind you. As written in Halabī kabīr, it is mekrūh not to keep the hands in the position of the sunnat when standing, in the rukū, in the sajdas, and when sitting. And it is for this reason that it is written: “It is makrūh to omit a wājib or a sunnat. Therefore it is mekrūh for men to cover their bare feet with their hand while in the sajda,” in the beginning of the mekrūhs of namāz in the book Marāq-il-falāh and at the end of the mekrūhs in Halabī. The book Bahjat-ul-fatāwā, which corroborates its every fatwā with proofs from books of fiqh, has been unable to provide any proof for this wrong fatwā and has left the space for a proof blank. Ibni Ābidīn says at the end of the mekrūhs of namāz: “It is better to perform namāz with na’ls or mests than to be bare-footed. Furthermore, you will have disagreed with Jews. A hadīth-i sherīf declares: ‘Perform namāz with na’ls on lest you be like Jews.’ Rasūlullah and the Sahāba would perform namāz with na’ls which they wore outdoors. Their na’ls were clean, and the floor of Masjid-i Nebī was covered with sand. They would not enter the Masjīd with dirty na’ls.” When your shoes are smeared with najāsat, you must not enter a mosque with them on. You can carry out the sunnat by wearing socks. And a person whose socks are najs or who does not have any socks to wear should perform namāz with a loose robe that hangs down to his heels. Also, it is written in the books Halabī, Berīqa and Hadīqa that there are numerous blessings in the namāz that is performed with covered feet.

It is not permissible to perform namāz with bare head and feet, to make the sajda on a higher place, or to force those who are under your command to perform namāz in this manner by

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saying, “Non-Muslims pray with bare head and feet in churches. As they do, we must pray in a civilized manner.” It is mekrūh to be like disbelievers during worships. And he who disapproves of the manners ordered by Islam becomes a disbeliever.]

8 - It is mekrūh to begin namāz when you need to urinate, defecate, or when you need to break wind. If the need happens during namāz, you must break the namāz. If you do not, you will become sinful. It is better to break the namāz even if it will cause you to miss the jamā’at. Rather than performing namāz in a manner that is mekrūh, it is better to miss the jamā’at, which is sunnat. But it is not mekrūh (not to break the namāz) lest the prayer time will expire or lest you will miss the namāz of janāza.

9 - It is mekrūh for men to begin namāz with their hair tied in a knot on the back of their neck, wound round their head, or gathered on the top of their head and fastened with thread. If a man does so during namāz, his namāz becomes nullified. Namāz is performed bareheaded when you are in the ihrām in Mekka[1].

10 - During namāz, it is mekrūh to sweep stones or soil away from the place of sajda. If such things are giving you trouble making the sajda, it is permissible to get rid of them with one movement. However, you should clean them away before namāz.

11 - When joining a line of worshippers in order to perform namāz in a mosque, when beginning namāz, or during namāz, it is mekrūh to crack your fingers by bending them or to insert the fingers of both hands between each other. If it is necessary, it is not mekrūh to crack your fingers before getting ready for namāz.

12 - It is mekrūh to put your hand on your flank during namāz.

13 - It is mekrūh to turn your head (face) around and tanzīhī mekrūh to look around by turning your eyes. If you turn your chest away from the qibla, your namāz becomes nullified.

14 - In the tashahhuds (sitting and reciting certain prayers

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[1] Please see the seventh chapter of the fifth fascicle of Endless Bliss for Hajj.

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during namāz), to sit like a dog, that is, to sit on your buttocks with erected thighs while bringing your knees in touch with your chest and putting your hands on the floor, is mekrūh.

15 - In the sajda it is mekrūh for men to lay their forearms on the floor. But women must lay their forearms on the floor.

16 - It is mekrūh to perform namāz toward a person’s face. It is mekrūh even if the person is far away from you. It is not mekrūh if there is someone in between whose back is turned towards you.

17 - It is mekrūh to acknowledge someone’s greeting with your hand or head. It is not mekrūh to answer someone’s question with your hand or head. An example of this is when someone asks you how many rak’ats you have performed, to answer using your fingers. But if you change your place or move to the line in front immediately upon someone’s demand, your namāz becomes nullified. [See the eleventh of the mufsīds of namāz!]

18 - It is stated in Terghīb-us-salāt that it is mekrūh to yawn outside of namāz as well as during namāz. The lower lip must be squeezed between the teeth. If you cannot help it, you should cover your mouth with the outer part of your right hand when standing in namāz and with your left hand in the other rukns or when not performing namāz. Unnecessary yawning is caused by Satan. Prophets (alaihimussalām) did not yawn.

19 - It is tanzīhī mekrūh to close your eyes during namāz. It is not mekrūh if you do it lest your mind will be distracted.

20 - It is mekrūh for the imām to stand in the mihrāb. The hollowed out part in the wall of the qibla is called the mihrāb. When his feet are outside of the mihrāb, it is not mekrūh for him to make the sajda in the mihrāb. A person is considered to be located in the place where his feet are. The reason for this is because priests conduct public worships by staying alone in an isolated room. In a mosque, if the imām of the first jamā’at does not conduct the namāz by standing on the mihrāb, it is mekrūh.

21 - It is tahzīhī mekrūh for the imām to begin namāz alone at a place half a metre higher than the floor where the jamā’at are. This prohibition is intended to eliminate the possibility of an imām resembling priests.

22 - Also it is mekrūh for an imām to begin namāz alone at a lower place.

23 - It is mekrūh to perform namāz in the back line while there

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is room in the front line or to perform it alone in the back line because there is no room in the front line. When there is no room in the front line, you wait for a probable newcomer until the rukū’ instead of performing it alone. If no one comes you make your way gently into the front line. If you cannot go into the front line you get someone you trust in the front line to move back to the rear line with you. If there is no one you can trust, then perform it alone.

24 - It is tahrīmī mekrūh to perform namāz with clothes that have a picture or pictures of living things on them, such as humans or animals. It is not mekrūh if there are pictures of lifeless things on them. Whether for reverence or for execration, whether small or big, it is harām to draw or paint pictures or make statues of living things. See the sixtieth and eighty-fifth letters in the book Mekātīb-i sherīfa![1] Translation of the eighty-fifth letter exists in our book.

[It is explained detailedly within the subject concerning the afflictions incurred by hands in the book Hadīqa: “It is always mekrūh to wear any clothes with a picture of a living creature on them, even though you take them off when you are to perform namāz. Having any pictures on you is permissible if covered.” It is understood from this information as well as from the two hundred and thirty-eighth page of the fifth volume of Ibni Ābidīn that it is permissible to have your picture taken for identity papers, documents, essential deeds, and other necessities provided you will keep them covered. A hadīth on the twenty-sixth page of Zawājir declares: “When you find pictures tear them, destroy them!” However, if doing so causes fitna or hostility, you should not do it. None of the Prophets, the Sahāba, or the great men of dīn had a photograph. Those abominable, ugly pictures that are shown in newspapers and in the movies in an effort to portray them are all false. They are made in order to earn money and to deceive Muslims. Along with the fact that it is harām also to hang such blessed pictures high on walls, it is hāram to put them at low places. Since it is harām to draw pictures of living things anywhere, whether with bare awrat parts or with covered awrat parts, whether small or big, likewise,

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[1] Written by Sayyid Abdullah Dahlawī 'rahmatullāhi ta'ālā 'alaih', (1158 [1744 A.D.], Punjab - 1240 [1824], Delhi.)

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the money charged for them is also harām. This has been established as a harām in order to prevent idolatry. It is written in the explanatory book Imdāt by Tahtāwī that when you are not performing namāz also it is mekrūh to wear clothes with pictures of living things on them.

Sayyid Abdulhakīm-i Arwāsī (quddīsa sirruh) says in one of his letters: “It is permissible to use things such as handkerchiefs and coins that have pictures of living things drawn on them. For such things are despicable, contemptible; they are not esteemed.” This fact is written also in the third volume of Al-fiqh-u-alal-Madhāhib-il-erba’ā. Hadrat Ibni Hajar-i Haytamī Mekkī (rahmatullāhi ’alaih) says in his fatwā:

“Existence of pictures of living things on such articles as handkerchiefs and coins is not harmful. For it is not permissible to use pictures of living things on respected articles, but it is permissible to use them on disrespected things.” Then, it is permissible to have them on the floor, on things laid on the floor, on cushions, mats, handkerchiefs, bills, stamps, in closed places, such as pockets, bags, closets, on those parts of one’s clothes that are below one’s navel, but it is harām to keep them or to hang them above the navel. It is harām to use pictures of women or pictures with exposed awrat parts even without lust at any place or to look at them lustfully.

It is written on the six hundred and thirty-third page of the second volume of Hadīqa: “It is tahrīmī mekrūh to put or lay on the floor any piece of paper or cloth or prayer rug that has some writing or even one letter on it. For it is insulting to use them for any purpose whatsoever or to lay them on the floor. And it is disbelief to lay or use them in order to insult them. It has been said that it is permissible to write them on walls or to hang pieces of writing on walls.” Hence, it is understood that it is not permissible to lay prayer rugs with pieces of writings or pictures of the Ka’ba or mosques on them on the floor in order to pray on them. Nonetheless, it is permissible to hang them on walls for decoration.

As it is seen, Islam has prohibited pictures and statues of human beings that serve as instruments to ridicule human beings, that are used for worshipping living things, and which drift youngsters towards fornication and cause seduction of married people. However, Islam permits pictures of the anatomical parts of living things, of plants, and all kinds of pictures pertaining to

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physics, chemistry, astronomy and engineering. It has commanded drawing and utilization of pictures that are necessary for knowledge and science. Islam, as always, has classified pictures into two groups: useful and harmful and has commanded use of the useful ones while prohibiting the harmful ones. Then, it is a blind claim and a slander for the enemies of the religion to say, “Muslims say that pictures are prohibited, which is retrogression.”]

25 - If the picture of a living thing is drawn on the wall or on pieces of cloth or paper hanging or put on a wall just above the head, in front, or just to the right or left of a person who is performing namāz, it is mekrūh. Even if not in a living form, a picture of the cross is like the picture of a living thing. For it means to be like Christians. It is mekrūh to imitate their evil practices, even if not in order to be like them, or to imitate their unharmful habits with the intention of resembling them. [In fact, it is written in the books Terghīb-us-salāt and Nisāb-ul-ahbār that it is mekrūh to perform namāz at such places as well as places where people are drinking alcohol, gambling or playing musical instruments, and prayers said at these places will not be accepted. Apparatuses through which musical instruments are heard and pictures that are harām to look at are watched are like musical instruments.] If the picture of a living or lifeless thing is on something upon which a person is standing, sitting or leaning, his namāz does not become mekrūh. If the picture is on the walls behind the person performing namāz or on the ceiling it is khafīf (light) mekrūh.

It is not mekrūh to perform namāz on prayer rugs or mats possessing pictures of living things on the parts other than where prostration is made, since laying them on the floor means belittling them (Durer). [Accordingly, it is not permissible to lay the carpets with pictures of the Kā’ba, mosques or pieces of holy writing on the ground.]

If the picture is under the foot of the person performing namāz, on the place where he is sitting, on his body or in his hand, it is mekrūh. [Hence it is understood that pictures in one’s pocket do not make one’s namāz mekrūh.] But a picture hanging on one’s wrist is mekrūh. For it prevents one from placing one’s hands as prescribed by the sunnat.

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If the picture on a coin or ring or on any part of a person is extremely small, that is, if when it is put on the floor, the person standing cannot make out its limbs, his namāz does not become mekrūh. When covered, it is not mekrūh if it is big, either. If the head of the living thing has been cut off, or if its face, chest or belly has been erased or covered with something, the namāz does not become mekrūh.

With pictures of lifeless things, such as trees or sceneries, no matter where they are, namāz does not become mekrūh. For small or headless pictures or pictures of lifeless things have never been worshipped. There were people who worshipped the sun, the moon, the stars, green trees, but they worshipped those things themselves. They did not worship their pictures. It is also mekrūh to perform namāz towards these things.

Angels of compassion do not enter a house where there is a big picture of a living thing placed at a respected place, a dog, or a person who is junub. But the angles of Haphaza leave a person only during sexual intercourse and when he goes into the restroom. The two angels called Kirāman kātibīn, who are on a person’s shoulders and who write down his good and bad deeds, and those angels who protect a person against genies are called Angels of Haphaza. Allahu ta’ālā informs the angels of what a person does in the restroom, and the angels write down his actions when he comes out of the restroom. The angels do not write on anything or in letters. As we gather inormation in our mind and memory, so they gather a person’s actions at some place. Today there are various ways of writing, such as the recording of voices on an apparatus that we call a tape recorder or on sound films. In the heavens there are angels writing with pens (tools) that are unknown to us. For disbelievers, only their evil deeds are written down. There are genies who pester everyone while angels protect us against them.

It is permissible according to Imām-i Abū Yūsuf to buy dolls for children to play with.

26 - It is tenzīhī mekrūh to count āyats, or tasbīhs with the hand during namāz. It is permissible to count them through the heart or by moving the fingers. Outside of namāz it is permissible to count them with fingers or to use beads. Once Rasūlullah saw a woman counting the tasbīhs with seeds and did not forbid her. It is mekrūh to use beads for ostentation.

It does not nullify namāz, nor is it mekrūh, to kill a serpent or a scorpion that is approaching you and may sting

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you. It is mustahab to kill it with your left shoe. A white snake that crawls straight without curling is a genie. You must not kill him if he does not harm you. But it is permissible to kill him, too. For genies promised Rasūlullah (sall-Allāhu ’alaihi wa sallam) that they would not enter Muslims’ homes. Entering a home, they have gone back on their word. First you should warn him by saying “Irji’ bi-iznillāh.” Then, if he will not go away, you should kill him. But you cannot warn him if you are performing namāz. Not killing a genie disguised as a snake immediately is not intended to respect them but, to prevent their harm.

27 - It is not mekrūh to perform namāz against the backs of sitting or standing people, even if they are talking. It is mekrūh to perform it against a person’s face or against the backs of people who are talking loudly.

28 - It is not mekrūh to perform namāz against the Qur’ān, a sword, a candle, a candle-lamp, any lamp, flames, against instruments of war such as pistols, or against a person who is lying asleep. For those have never been worshipped. Magians worship fire, not flames. But it is mekrūh to perform it against a fire with flames, too.

29 - It is tahrīmī mekrūh to perform namāz by wrapping yourself in a towel from head to foot.

30 - It is tahrīmī mekrūh to perform namāz with the top of your head bare by winding a turban round your head.

31 - It is tahrīmī mekrūh to perform namāz by covering your mouth and nose. Magians worship in that manner. [You must not perform namāz with a mask, gloves, or spectacles that prevent your forehead from touching the floor. Unless there is a darūrat you must not perform namāz with anything that prevents your forehead, nose or hands from touching the floor, that is, from doing any fard or sunnat. There is no necessity for wearing such things during namāz, even for women].

32 - It is mekrūh to throw phlegm from the throat without a strong necessity. If blood formed in the mouth is not a mouthful, neither its formation nor swallowing it nullifies your ablution or namāz. So is the case with vomitting. [Halabī-i kebīr and Hindīyya].

33 - Amal-i qalīl, that is, moving one hand once or twice, is mekrūh. [See the fifteenth of things that nullify namāz!] It is permissible to kill a louse or flea with amal-i qalīl, but it is mekrūh

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to catch or kill it if it is not biting you. It is harām to leave such insects in the mosque whether they are alive or dead.

34 - It is mekrūh to omit one of the sunnats of namāz.

There are two groups of sunnat. The first group is Sunan-i hudā. They are the muakkad [strong] sunnats. The second group is Sunan-i zawāid. They are the sunnats that are not muakkad. The mustahabs and the mandūbs are in this category, according to the savants.

It is tahrīmī mekrūh to omit a muakkad sunnat in namāz. It is tanzīhī mekrūh to omit a sunnat that is not muakkad. It is not mekrūh but khilāf-i awlā to omit a mustahab. That is, it is a blessing to do the mustahabs, and no sin is incurred for not doing them, but in that case you will be deprived of their blessings.

35 - Without a darūrat, it is mekrūh to begin namāz with your child in your arms. It is not mekrūh if there is a darūrat to do so, provided the child’s clothes are clean.

36 - It is mekrūh to perform namāz against things that distract your heart and prevent your khushū’ such as ornamented things, plays, musical instruments, or any food that you desire. It is mekrūh to perform namāz by leaving your shoes behind you. This last mekrūh is written on the one hundred and eighty-sixth page within the subject of Hajj in the book Durr-ul-mukhtār, at the end of Halabī-yi kabīr, and in Bezzāziyya. It is also written in detail within the subject of suspicion in tahārat at the end of the books Berīqa and Hadīqa.

37 - It is mekrūh to lean on a wall or mast when performing the fard namāz if there is no strong necessity to do so. It is not mekrūh to do so while performing the supererogatory namāz.

38 - It is mekrūh to lift your hands up to your ears when bowing for the rukū’ or when straightening up from the rukū’.

39 - It is mekrūh to complete the qirāat after bowing for the rukū’.

40 - In the sajdas or in the rukū’, it is mekrūh to put your head down or to raise your head before the imām does so.

41 - It is mekrūh to perform namāz at places that may be najs, such as in a cemetery, in a bath or church; but it is not mekrūh to perform it after cleaning or washing such places, or in the dressing room of a bath or in a mosque at the cemetery. In case you cannot perform namāz at another place because of cold weather or for some other reason, or if you cannot find

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another place, it is permissible to perform it in a church alone or in jamā’at. But you must leave the place right after namāz. For a church is a place where devils meet together. If you empty a church of the symbols of disbelief, it will never be mekrūh to perform namāz there. It is mekrūh to perform it against najāsat that is not covered.

42 - It is mekrūh to perform it against a grave. Wahhabis say that it is shirk (to attribute a partner to Allāhu ta’ālā).

[It is written on the six hundred and thirtieth page of the second volume of Hadīqa: “A hadīth declares: ‘Curse be upon those who perform namāz on a grave!’ To perform namāz on a grave is to imitate a Jew. Therefore it has been said to be mekruh. It is written in the books Hāniyya[1] and Hāwī[2] that it is not mekrūh to perform it at those parts of a cemetery where there are no graves. If the grave is behind the worshipper, or in front of him but so far that it would be permissible for someone else to pass in front of him within such a distance, it is not mekrūh, either. Also, to turn the graves of Prophets or pious Muslims into mosques is to imitate Jews. Because it is like attributing a partner to Allahu ta’ālā while worshipping, our Prophet prohibited it and prayed: ‘O my Allāhu ta’ālā! Don’t make my grave an idol that is worshipped!’ But if a mosque is made close to a pious Muslim or if you perform namāz at a place close to his grave thinking that you will attain Allah’s compassion through him or that your worship will be useful to him also, and if you do not think of worshipping him, it is not harmful at all. For, Hadrat Ismāīl’s (’alaihissalām) grave is in a place called Hātīm, which is close to Ka’ba. Because the most valuable namāz performed in Mesjīd-i harām is the one performed at that place, hajjis try to perform namāz there. It is written in the explanation of Masābih that this is so. It is written on the two hundred and sixty-eighth page of Ma’rifatnāma: ‘It is mekrūh to perform namāz against a grave that does not have a curtain.’ It is written on the three hundred and twentieth page of the fifth chapter of Fatāwā-i Hindiyya: “It is not

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[1] Fatāwā-i-Khāniyya, or Majmu'ā-i-Khāniyya, by Qādī Khān Hasan bin Mansūr Ferghānī 'rahmatullāhi ta'ālā 'alaih', (d. 592 [1196 A.D.].) It was printed on the margins of the book Fatāwā-i-Hindiyya in Egypt in 1310 A.H., and was reproduced by way of offset in 1393 [1973 A.D.].

[2] Written by 'Alī bin Muhammad Wāwerdī 'rahmatullāhī ta'āla 'alaih', (364 [974 A.D.], Basra - 450 [1058], Baghdād.)

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mekrūh if there is a curtain between the qibla of the mosque and the grave or if the grave is on one side or behind you.”

It is written in Fatāwā-i Fayziyya[1]: “There are three kinds of pious foundations: those that are only for the poor, those that are first for the rich and then for the poor, and those that are both for the rich and for the poor. Schools, inns, hospitals, cemeteries, mosques and fountains have been established both for the rich and for the poor.” The prohibition against making tombs in those cemeteries established by pious foundations is intended so as not to occupy the places belonging to the poor. Therefore, it cannot be said that such prohibitions are enforced because they are harām.]

43 - It is tanzīhī mekrūh not to sit in accordance with the sunnat in the tashahhuds (sitting postures). But it is not mekrūh if you have an excuse.

44 - It is tanzīhī mekrūh to recite in the second rak’at the same āyat you have recited in the first rak’at. It is tahrīmī mekrūh to recite an āyat previous to it. These errors are not mekrūh if they are done as a result of forgetfulness. It is mekrūh in the second rak’at to say three āyats longer than what was said in the first rak’at. [See thirteenth chapter!].

45 - It is mekrūh not to stand up for the final sunnat immediately after the fard [Terghīb-us-salāt].

The following are reasons for which it is permissible to break namāz:

1 - In order to kill a snake;

2 - In order to catch an escaping animal;

3 - In order to rescue a flock from wolves;

4 - In order to take food that is boiling over away from the fire;

5 - In order to protect your or someone else’s property that is worth no less than one dirham of silver from destruction; [See the word Dirham-i shar’ī in the first chapter of the fifth fascicle.]

6 - In order to urinate or to break wind;

7 - When there is no fear that the prayer time may expire or that you may be late for the jamā’at, in order to rid yourself of something that mullifies namāz according to another Madhhab, e.g. to clean the najāsat that is less than one dirham or to make an

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[1] Written by Fayzullah Efendi 'rahmatullāhi ta'ālā 'alaih', (martyred in Edirne in 1115 [1703 A.D.],) forty-sixth Ottoman Shaikh-ul-Islām.

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ablution when you remember that you have touched a woman who is a nāmahram, you can break your namāz.

There are two reasons that make it fard (necessary) to break any namāz:

1 - Namāz must be broken in order to save a person who screams for help, to save a blind person who is about to fall down into a well, to save a person who is about to burn or drown, or to put out a fire.

2 - When your mother, father, grandmother or grandfather calls you, it is not wājib for you to break a fard namāz, but it is permissible; yet, you must not break it if it is not necessary. But supererogatory namāz [even the sunnats] must be broken. If they call for help, it is necessary to break the fard namāz, too. If they call you knowing that you are performing namāz, you may not break even the supererogatory namāz. But if they call you and do not know that you are performing namāz, you have to break it.

There are five things that are mekrūh to do when not performing namāz:

1 - It is tahrīmī mekrūh to turn your front or back towards the qibla when emptying the bowels or urinating in a restroom or any other place. It is not mekrūh if you forget or if there is the danger that you may dirty your clothes or if there is some other danger.

2 - It is tanzīhī mekrūh to turn your front or back towards the qibla when cleaning yourself after relieving nature, or to urinate or empty the bowels towards the sun or the moon.

3 - To make a small child relieve itself by holding it towards one of these directions is mekrūh for the adult who holds it. Likewise, to have a small child do something that is harām for adults is harām for the adult who has the child do it. For example, a person who makes a boy wear silk clothes or ornaments it with jewels or makes it drink alcohol commits a harām by doing so.

4 - It is tahrīmī mekrūh to stretch your legs or only one leg towards the qibla without a good excuse. Yet it is not mekrūh to do so with an excuse or by mistake.

5 - Also it is mekrūh to stretch your legs toward a Qur’ān or other Islamic books. It is not mekrūh if they are on a higher level. [It is written in the fifth chapter of Hindiyya: “It is permissible and even advisable to keep the Qur’ān in your house only for blessings and abundance without ever reading it. It is mekrūh to

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write in Arabic a disbeliever’s name and insult it, for Islamic letters have to be respected.”]

It is written on the thirteen hundred and sixty-eighth page of the book Berīqa: “It is written in the book Tātārhāniyya[1] that an old and torn copy of the Qur’ān that cannot be used must not be burned, but it can be wrapped in a clean piece of cloth and buried, or it can be put in a clean place that never becomes dusty. The book Sirājiyya[2] says that it can be buried or burned. The same is written also in the book Munyatul-muftī[3]. The book Mujtabā[4] says that burying it is better than leaving it in flowing water. And the book Minhāj-ud-dīn, known as Halīmī and written by Husayn Jurjānī, one of the Shafi’ī scholars, says that it is not forbidden to burn it; when Hadrat ’Uthmān (radī-Allāhu ’anh) burned the copy of the Qur’ān that contained mansūkh[5] āyats none of the Sahāba (radī-Allāhu ta’ālā alaihim ajma’īn) protested against it. Burning it is better than removing the writing by washing it. For the water used in washing it will be trodden on sometime later, according to savants. Qādī Huseyn said that it was harām to burn it because it would be sacrilege. And Nawawī said that it was mekrūh. As we infer from all of these, it is better to remove the writing by washing it or to bury it than to burn it. Translation from Berīqa has come to an end. As understood from all of these, it is insulting and harām to leave old copies of the Qur’ān that cannot be used any more in places where they will be trodden upon underfoot, to wrap or cover things with them or to use them in making paper bags or other things of this sort. It is necessary to bury them in places where they will not be dug up until they rot and turn back into earth or, if this is impossible, to burn them and bury the ashes or throw them in the sea or river. In order to save them from being disrespected, it is permissible and even necessary to burn them. This is understood also from the fatwās of Sirājiyya, Minyatul-muftī, and Hālimī.

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[1] That book, also known with the title Zād-ul-musāfir, was written by 'Ālim bin 'Alā 'rahmatullāhi ta'ālā 'alaih', (d. 688 [1289 A.D.].).

[2] Fatāwā-i-Sirājiyya.

[3] Written by Yūsuf bin Ahmad Sijstānī 'rahmatullāhi ta'ālā 'alaih', (638 [1240 A.D.], Sivas.)

[4] Written by Mukhtār bin Mahmūd Zāhidī 'rahmatullāhi ta'ālā 'alaih (d. 658 [1259 A.D.].)

[5] Āyat means verse of the Qur'ān. Some āyats were changed by othr āyats that were revealed later. Such changed āyats are called Mansūkh. Those āyats that changed them are called Nāsikh.

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