Can women lead their Mahārim in prayer for Tarāwīh?

Can women lead their Mahārim in prayer for Tarāwīh? 

Keys To Fiqh | T.me/K2Fiqh | #K2FiqhResponses1

A response to Yasir Qadhi & Hatem al-Haj. Click here for the original post.

In this fatwa (religious verdict), we see that Yasir Qadhi agrees with Hatem al-Haj’s ruling for the permissibility of a woman leading a man in Tarāwīh prayers, provided that there are certain conditions met. al-Haj states, “…This rotation of imams may include women and girls. They may lead from the back, only in taraweeḥ, and only their mahram men, according to the position of the majority of earlier Ḥanbalis (with some of them adding: if the men are not good reciters). Note: this is not the authorized position among the latter Ḥanbalis…” End quote.

This post will be an analysis & breakdown of their verdict. First off, I would like to mention that in terms of knowledge-based discussions, there is nothing wrong to discuss & review issues with the intent of finding the truth.

Secondly, it is critical as students of Islamic scholarship – especially those who have taken positions of leadership – to abstain from relaying what has been mention in Fiqh books without critical analysis. When studying Fiqh, one must discern the reasoning behind certain Imams’ conclusions, understand that their opinions are not always 100% correct (and can be corrected), and AVOID conveying strange opinions to the general folk. Each of these points require an entire post in & of itself…But I digress…

This is not a personal attack on either speaker. This is strictly a knowledge-based response. 

*Please note: the majority of scholars do not accept this view.*

⚡️ Summary of my discussion points: 

🟦 1. Did the “earlier Hanbalis” see the permissibility of a woman leading another man in the optional prayer like Tarāwīh? 

🟧 2. What is the evidence for their position?

🟪 3. Evidence Analysis & what influenced the “latter Hanbalis” to change their position? 

🟦 Point 1:

First we need to understand who al-Haj means in his statement the “earlier Hanbalis” & “latter Hanbalis”. The scholars of the Madhab are categorized into 3 time periods: 

1. “Earlier Hanbalis” refers to the period of time between the students of Imām Ahmad (ex: Abu Dawūd, Ibrāhim al-Harbi, al-Marūdhi, etc.) up until al-Qādhi Abu Ya’lā (d. 458h).

3. The “latter Hanbalis” references the time period beginning from al-Mardāwi (d. 885) onwards, رحمهم الله جميعا. 

And between both periods (1 & 3) there are the level of Hanbali scholars who are referred to as the متوسطون (which begins the students of Abu Ya’lā (458h) & ends at Burhān ad-Dīn ibn Muflih (al-Hafeed d. 884h). 

Did the earlier Hanbalis (241h-458h) see the permissibility of a woman leading a man in Tarāwīh prayers? Yes, they did (but not all) well as others outside of the Madhab:

Ahmad said, “The leading of a woman over a male in the Tarāwīh prayers is valid.” [al-Ifsāh by Ibn Hubayrah, 1/145]

Abu Thawr stated, “There is no (need to pray again) for (a male) who prayed behind (a female).” [al-Mughni 3/33, Turki/Hulū]

al-Muzany & Ibn Jarir al-Tabary held similar views.

al-Qādhi Abu Ya’lā stated in his explanation to “Mukhtasar al-Khiraqi”, the 11th issue: “And as for women (leading men in prayer), then it is not valid except in the case of Tarāwīh prayers; provided there is no Qari among the men besides her. In any other instance, women leading the men is not valid.” (1/66)

🟧 2. What is the evidence for their position?

The hadith in Sunan Abi Dawud:

“The Messenger of Allah(ﷺ) used to visit her at her house. He appointed a mu’adhdhin to call adhan for her; and he commanded her to lead the inmates of her house in prayer. ‘Abd al-Rahman said: I saw her mu’adhdhin who was an old man.” https://sunnah.com/abudawud/2/202

As mentioned by Abu Ya’lā, 

وإنما جازت إمامتها في ذلك الموضع خاصة لحديث أم ورقة الأنصارية: أنّ النبي – صلى الله عليه وسلم – أجاز لها أن تؤم أهل دارها وفيهم رجال

“A woman leading (in the Tarāwīh prayers) is permissible in that specific instance only due to the Hadith of Umm Waraqah al-Ansāriyyah (which stated) that the Prophet ﷺ permitted her to lead the people in her home *while there were men present.*” (Sharh Mukhtasar al-Khiraqi, 1/66)

They took this position because of the hadith linked above.

🟪 3. Evidence Analysis & what influenced the “latter Hanbalis” to change their position? 

As mentioned earlier, there were some Hanābilah from the beginning who disagreed with the concept of women leading men in Tarāwīh. But as for those who changed their opinions, here are some of the reasons:

🔸 1. Inaccurate renditions of the hadith. The version of the hadith quoted by Abu Ya’lā has the extra wording of “while there were men present” which cannot be found in Sunan Abu Dawud nor any other Hadith book. These non-existent additions leads to incorrect Fiqh rulings. This minority opinion is an example of that. 

🔸 2. The Hadith in Sunan Abi Dawud states, “‘Abdur-Rahman said: I saw her mu’adhdhin (caller to prayer) who was an old man.”

A. There are couple issues with the chain, but it is graded Hasan li-ghayrihi via other supporting routes by al-Albaany & others.

B. Abdur-Rahman al-Khallād said that “he saw the caller of the prayer was an old man”. However, this does not confirm that he prayed with Umm Waraqah. It is more likely that after he made the Iqāmah, he went to the masjid (or wherever the men were) and prayed in congregation with them. (Sharh ar-Rawdh 3/192, al-Mushaqih)

🔸 3. If fact, when you gather all of the routes of this hadith, there is no mention of men praying in that house. Instead, we find the narration in Sunan ad-Dāraqutnī (#1083) which states: 

عن أم ورقة: أنّ النبي -ﷺ- أذن لها أن يؤذن لها ويقام وتؤم نساءها

“On the authority of Umm Waraqah that the Prophet ﷺ authorized the Adhan & Iqāmah to be performed on her behalf and for her to lead the women of her household.”

This hadith details that Umm Waraqah led *women of her household* in Salah and there were no men. Any student who has studied the basic of Usul al-Fiqh is familiar with the concept of تخصيص العام, specification of general texts. It is extremely likely that this particular wording was not known among the “earlier Hanbalis” which is why they took their view. 

🔸 4. The origin of this Fiqh issue is that: 

A. Women can never lead a man in Salah:

وَلَا تَؤُمَّنَّ اِمْرَأَةٌ رَجُلًا

“A woman is never to lead a man in prayer.” This is a weak hadith in Ibn Majah but its meaning is agreed upon unanimously among the Fuqahā and supported via other texts.

B. and the Imam leads in front of the congregation. 

There is absolutely no evidence to support the idea that a person can lead from the back. Thus, the origin remains the same until further evidence. (see al-Mumti’ 4/222, Ibn Uthaymīn)

🖋 Finally, Ibn Qudāmah رحمه الله said, “…and (in) the Hadith of Umm Waraqah, the Prophet ﷺ permitted her to lead the women of her household just as it was narrated by Dāraqutni. It is obligatory to accept this addition. Even if that narration was not mentioned, it would have been incumbent for the narration to assume that meaning. That is because the Prophet ﷺ approved her to lead the obligatory prayer – as he gave her a Muadhin – and the Adhan is only performed for obligatory prayers. There is no difference of opinion of women leading men in the obligatory prayers (it is not permissible by consensus)…” [al-Mughni 3/33]

🔆 In Islam, it is not befitting for a person of knowledge to simply narrate or speak about hadith/fiqh unless they have gathered & studied all of its related chains of narrations/texts. Unfortunately, I have come across too many instances of some rushing in their fatāwa to amaze people with their outlandish statements.

🎙 Our Sh. Abdus-Salām ash-Shuway’ir حفظه الله would constantly say, “avoid relaying bizarre opinions to the masses” b/c most of the time they are the weak/minority view. He said that some people love mentioning these strange issues to the general folk b/c it grabs the attention of others. It is only from Allah’s success & bounty upon a student that he is protected against this trial. This is only a reminder وَذَكِّرْ فَإِنَّ الذِّكْرَىٰ تَنفَعُ الْمُؤْمِنِينَ. I ask Allah to protect us all. Wallahu alam.

Addendum to my response of Hatem al-Haj’s Fatwa & the idea that the ruling is permissible because of the existence of *some* statements allowing it within the Madhhab.

Umm Waraqah lead the obligatory prayers, which is proved via the context (adhan & iqamah). Even if you don’t accept the hadith by Daraqutni, as ibn Qudamah himself mentioned, it is still obligatory to understand that she led only women. Why? Because it was an obligatory prayer. The Madhhab does not permit women to lead men in the Farā’id.

To now use this hadith and somehow randomly apply it specifically to Tarawih – out of every other prayer – then apply the condition she does so from the back is as Ibn Qudaamah stated in rebuttal of that argument,

ولأن تخصيص ذلك بالتراويح واشتراط تأخرها تحكم يخالف الأصول بغير دليل فلا يجوز المصير إليه

Arbitrary that contradicts the Usul without any evidence; it is not permissible to take that view (or make that change from obligatory salah to Tarawih except with clear evidence).

Wallahu alam. If this is the evidence used, it is not sufficient to indicate what is trying to be proven – as mentioned by scholars (not myself). I am not forcing ibn Qudaamah’s opinion on you, I am simply showing you that the ruling requires more evidence in order to be shared among the public. The origin is that a. men must lead women & b. the Imam leads from the front. Clear evidences must be provided to show otherwise.

The great Imam Ahmad’s statements رحمه الله are not evidence. It can be analyzed and critiqued in order to find the truth. Scholars are subjected to errors in their deductions and we don’t just simply take their statements without any analysis.

فافهم ولا تكن أسير التقليد فإنه حجة البليد وملجأ العنيد والله تعالى الهادي إلى سواء السبيل

A reminder to myself first and foremost. Allah knows best.

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✍️ Abu Awzaa’ee Abdus-Salaam al-Makki al-Hanbali 

🗓 29th Sha’ban, 1441 (4/22/2020CE)

🕋 Makkah al-Mukarramah حرسها الله

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