Raful-Yadain : The Raising of Hands in Prayer : Al-Albani has said that some of the Hanafis like Shaykh Isam ibn Yusuf al-Balkhi (Rahimahullah) chose to perform Raful-Yadayn because he did not know the evidence of his Imams who held the view that Raful-Yadayn was unnecessary after the initial Takbir (See Sifah Salah an-Nabee, pg xvii, and also The Evolution of Fiqh, pg. 126, by A.A. Bilal Philips). I find it strange that Shaykh Isam ibn Yusuf did not know the evidence for not performing Raful-Yadayn, since by simple logic one can deduce the fact that he must have seen his two main Imams (Muhammad al-Shaybani and Abu Yusuf) not performing Raful- Yadayn, and hence he must have been curious enough to ask his Imams for the evidence they used for not performing Raful-Yadayn! What seems more apt in a situation like this, is to say that probably Shaykh Isam ibn Yusuf felt that the evidence for performing Raful-Yadayn was more convincing to him, than the converse evidence for not performing Raful- Yadayn, and Allah knows best. One lesson which can be learnt from this incident, is that if Shaykh Isam ibn Yusuf was a Mujtahid within the Hanafi school, then like all other Mujtahid scholars it is incumbent on him to follow his own Ijtihad, even if it has at times contradicted the founder of the Madhhab he belonged to. Thus, Shaykh Isam had to follow his own Ijtihad. The proof for what I have just said has been agreed upon by most of the scholars who were specialized in the fundamentals (Usool) of Islam. For example, it is written in the book Principles of Islamic Jurisprudence, by Mohammad Hashim Kamali (pg. 370): The Ulema of Usul are in agreement that the Mujtahid is bound by the result of his own Ijtihad. Once he has deduced the ruling on a particular issue which is founded in his true conviction and belief, he may not imitate (Taqleed) other Mujtahids on that matter regardless as to whether they agree with him or otherwise. For the Mujtahid, the conclusion that he reaches is tantamount to a divine command which he must observe. It is therefore unlawful for him to abandon it or to follow anyone else in respect of it. But if he had not rendered his own Ijtihad on an issue which is not urgent, and he has time to investigate, then according to some ulema he may imitate other Mujtahids. However, the preferred view is that he must avoid taqleed, even of one who might be more learned than him. Only the ammi (layman/non-Mujtahids) who is incapable of Ijtihad is allowed to follow the opinion of others. (The above author has quoted from Imam Ghazzalis Mustasfa, vol.2 pg. 121; Imam Amidis Ihkam, vol.4 pg. 204 and from al-Kassabs Adwa, pg. 119). The above quote clears some of the misconceptions held by some people on the role of Mujtahids in Islam. For example, some people who try to refute the Taqleed of the Mujtahids, bring forward examples in which the disciples of the four main Imams contradicted the Ijtihad of their Masters on certain points. These people should always remember that if a disciple contradicts the opinion of his master, then this is the result of the natural prerogative bestowed upon him, when he attained the high and honourable grade of Ijtihad. There is a well known story related from the great Imam Abu Hanifah (d. 150 AH; Rahimahullah), who said: I follow the book of Allah, and if I find no solution there, I follow the Sunnah of The Prophet (peace be upon him). If I find no solution in either the Quran or the Sunnah, I follow whichever of the pronouncements of the Sahabah I prefer, and leave whichever I wish. If there is a pronouncement on a particular matter by any of the Sahabah, I would not adopt any other made by any other scholar. But, if I found a solution only in the opinions of Ibrahim (al-Nakhai), al-Shabi, Ibn Sirin, Hasan al-Basri, Ata (ibn Abi Rabah) or Saeed ibn al-Musayyib (they were all Mujtahids), I would make Ijtihad just as they did. (vide: Usul al-Fiqh al-Islami, pg. 64, by Taha Jabir al-Alwani, who reported this account from Tarikh Baghdad, vol. xxxi, pg. 368, al-Intiqa of Ibn Abdal Barr, pg. 142, and Mashayikh Balkh al-Hanafiyah, pg. 190). This report exemplifies the prerogative of a Mujtahid, as well as why Shaykh Isam ibn Yusuf may have held different opinions from his Masters. I must stress, the above discussion only refers to those who can perform Ijtihad, and not to those who are unable to fulfil the conditions recognized by the scholars of Usool for carrying out the duties of a Mujtahid. Those who are not Mujtahids are bound to the opinions of qualified Mujtahids, and this is Taqleed. Al-Albani said in Sifah Salah an-Nabee, (pg. 105-6): About raising the hands on going into Ruku and rising from it, many Ahadith have been narrated from the Prophet (Peace be upon him): they are actually mutawateer in the eyes of the scholars; in fact, raising the hands with every takbir is proven on his authority in many Ahadith; whereas not raising the hands is not authentically related from him except once via Abdallah ibn Masood (Allah be pleased with him), but this is not suitable for putting into practise, for it is naaf (negatory). It is firmly established, in the eyes of the Hanafis and others, that the muthbit (affirmatory) takes precedence over the naaf (negatory); this is even when the affirmatory is on its own, let alone the case when it is a multitude of narrations, as in this issue! On the basis of this principle, and in the absence of anything contrary, this renders it binding on them to adopt the raising of the hands, and not to stick zealously to the Madhhab after the establishment of proof. However, it is a pity that only a handful of the earlier or later ones have adopted it, so much so that not raising the hands has become a land mark for them! The above quote shows the limited and superficial knowledge of al-Albani, in the evidences used by the Hanafi scholars for not performing Raful-Yadayn! It is true that the Ahadith confirming Raful-Yadayn are Mutawateer, but what the reader should also know, is that not performing it has also come down to us in a Mutawateer way! In fact there are more than 50 Ahadith proving the converse of what the great scholar, al-Albani holds, as well as those who bolster his claims!
Posted on: Tue, 26 Nov 2013 05:08:49 +0000
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