When is the Time of 'Eshaa' Prayer Over?
Shaykh Muhammad Naasirud-Deen Al-Albaanee
Source: His book Tamaam Al-Minnah (p.140-142)
Translated exclusively for www.bakkah.net

[ In the Name of Allaah, the Merciful, may His Complete Salaah and Salaam be upon the finest of His Creation, His last Messenger Muhammad, and upon all his family members and companions, to proceed: ]

As for his (Sayyid Saabiq's [1]) statement:

"...And as for the time of 'Eshaa' Prayer then it extends until the time of Fajr, and this is understood from the hadeeth of Aboo Qataadah who said that the Prophet (sallallaahu 'alayhe wa sallam) said:

"Negligence (regarding the prayer) is not from oversleeping, but negligence is found in the one who does not pray (while conscious and aware) until the time of the next prayer comes."

Muslim collected it. The hadeeth proves that the time of every prayer extends until the entrance of the time for the following prayer, except for Fajr Prayer, for surely it's time does not remain until Thuhr Prayer, rather the scholars have unanimously agreed that its time ends at sunrise..."

I say (Al-Albaanee): The author (Saabiq) is following Ash-Showkaanee [2] and others in they way they used this hadeeth as a proof. However there is no evidence in it for what they are concluding, especially when there is no mention of the times of the prayers in it, nor is it even in reference to the times of the prayers. This hadeeth only mentions the sin of the one who knowingly and intentionally delays the prayer until its time is gone, whether another prayer comes to end its time (like 'Asr with Maghrib after it) or not (like Fajr with Thuhr after it).

This is proven by the fact that this narration is specifically regarding the Fajr Prayer itself, when the Prophet (sallallaahu 'alayhe wa sallam) and his Companions slept through the time of Fajr during a journey. The Companions, may Allaah be pleased with them, were astounded by what happened to them, so the Prophet (sallallaahu 'alayhe wa sallam) said to them:

"Am I not your example?"

Then he mentioned the hadeeth. This is how it is found in Saheeh Muslim and other books.

So if this hadeeth was intended to mean what they are claiming about the time of the prayers continuing until the entrance of the one that follows it, then it would be a clear proof that Subh (Fajr) extends to the time of Thuhr, but they are not saying that! Rather they are holding that Fajr is an exception to this rule. So these deductions, after we have made clear the reason the Prophet (sallallaahu 'alayhe wa sallam) said his statement, are invalid, as certainly the hadeeth was mentioned specifically about the Subh (Fajr) Prayer, so how can it be an exception to the hadeeth?!?!

In reality the hadeeth is not legislating the times of the prayers, but it is an open disapproval of knowingly and consciously delaying the prayers from their times. Regarding this, Ibn Hazm said in response to the conclusion we have reviewed:

"This does not prove what they are saying, and they agree with us that the time of Subh (Fajr) does not extend until Thuhr. The hadeeth does not prove that the time of every prayer connects to the time of the one after it, it only exposes the wrongdoing of the one who delays the prayer outside of its time, whether the end of its time is connected to the beginning of another prayer or not.

Furthermore, the hadeeth does not negate the negligence of the one who delays his prayer until its time is over, even if the time of another payer has begun, nor does it affirm his negligence, rather this report is silent regarding these things. These issues are addressed in other reports that specifically mention the times of the prayers individually and legislate their beginning and ending times. And we must say that anyone who transgresses the time limit of any action from those that Allaah legislated their proper times, he has transgressed the limits of Allaah, and He, Most High, says [3]:

( And whoever transgresses the limits of Allaah, they are the oppressors ) " [4]

So when it becomes clear that the hadeeth is devoid of any evidence indicating that the time of 'Eshaa' Prayer lasts until Fajr, upon us is a return to the other narrations that are clear proofs about the legislation of the time of 'Eshaa', like his statement (sallallaahu 'alayhe wa sallam):

"...and the time for 'Eshaa' Prayer is up until half of the night"

It is found in Muslim and elsewhere, and this narration exists in it entirity in the book (Fiqhus-Sunnah).

This is further supported by what 'Umar bin Al-Khattaab wrote to Aboo Moosaa Al-Ash'aree, "...and pray 'Eshaa' before one-third of the night passes, unless you delay it, then to half of the night, but do not be from the heedless ones." This report was collected by Maalik, At-Tahaawee, and Ibn Hazm, and its chain is saheeh.

This narration is clear evidence to show that the time of 'Eshaa' goes until the middle of the night [5] only, and this is what is correct. Ash-Showkaanee favored that, saying, "...and the last time for 'Eshaa' to be offered is the middle of the night." [5] And Siddeeq Hasan Khaan followed him in his explanation [6], and a similar statement has been gathered from Imaam Maalik as found in Bidaayatul-Mujtahid [7]. And it is the choice of a group of Shaafi'ee scholars as well, like Aboo Sa'eed Al-Istakhree and others. [8]

[ And Allaah knows best. ]

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