Shaykh Muhammad Baazmool on the Legislated Number of Rak'ahs of Witr, the Night Prayer (Qiyaam Al-Layl)

QUESTION

I understand that the qiyaam al-layl (the night prayer) has to be a certain number of rak'ahs. Could you clarify the correct position in this issue, including a discussion of the different opinions of the scholars? May Allaah reward you much.

ANSWER by Shaykh Muhammad 'Umar Baazmool, professor of higher studies at Umm Al-Quraa University in Makkah

The scholars view qiyaam al-layl (the night prayer) to be from the optional acts of worship that are muqayyad (restricted). And its restriction is that the reports concerning it show that it is legislated to be performed at a certain time, and it also is legislated to be performed in a certain manner. Furthermore, they differed over the issue: Does it have a set number of rak'ahs or not?

The reason for this differing can be found in the hadeeth of the Messenger (sallallaahu 'alayhe wa sallam), when a man came to him and asked him about the night prayer, saying, "O Messenger of Allaah, how do I pray at night?" He (sallallaahu 'alayhe wa sallam) replied:

"The night prayer is (to be prayed) two by two." [1]

So based on this, some of the scholars have said that there is no limit to the number of rak'ahs to be prayed as night prayer, while they still viewed it to be a restricted form of optional worship.

Those who have said that this hadeeth is not a proof for the absence of a limit say, "Because the questioner only asked about how to pray the night prayer, and he did not ask about the number of its rak'ahs." Furthermore, they stated that the phrase used by the Messenger (sallallaahu 'alayhe wa sallam), "Mathnaa, mathnaa (two by two)," only refers to the basic description of something, and it is not something used to define a set number. Thus, these scholars say that this hadeeth is not a proof for the issue of whether or not there is a limit to the number of rak'ahs that can be prayed.

When we return to the Sunnah of the Messenger (sallallaahu 'alayhe wa sallam), to his actions, we find that 'Aa'ishah (may Allaah be pleased with her) has said, when she was asked about the Messenger's (sallallaahu 'alayhe wa sallam) night prayers, "He did not pray more than 11 rak'ahs in Ramadhaan or in other than Ramadhaan." [2]

So it is known from this hadeeth, a hadeeth that is agreed upon (by Al-Bukhaaree and Muslim), that the Witr of the Messenger (sallallaahu 'alayhe wa sallam) and his night prayer, that which is referred to as salaat al-layl or qiyaam al-layl, that which is referred to in Ramadhaan as salaat at-taraaweeh and sometimes salaat al-qiyaam, was only 11 rak'ahs.

However, it has been authentically established that (some of) the Companions prayed more than 11 rak'ahs. Some of them prayed 21, and others prayed more. This action of the Companions (may Allaah be pleased with them) must have been based upon a Sunnah, since this is an affair of worship.

Based on this, I say that a person has options as to how he can pray his night prayers. If a person wants to pray 11 rak'ahs of night prayer, then he may do so. And whoever wants to pray 21, then he may do so. And whoever wants to pray more or less than that, then he may do so. This is since the Messenger (sallallaahu 'alayhe wa sallam) alluded to the act of making Witr with 3, 5 or 7 rak'ahs. He said:

"Make Witr with three (rak'ahs), but do not make it like Maghrib." [3]

And he (sallallaahu 'alayhe wa sallam) said:

"Perform Witr with three (rak'ahs), and perform Witr with five (rak'ahs)." [4]

And it is authentically established, on the authority of Mu'aawiyah, that the Messenger (sallallaahu 'alayhe wa sallam) performed Witr by praying a single rak'ah. [5]

So then all of these options, in shaa' Allaah, are legislated and, thus, permissible. The Muslim may:

(a) Perform Witr by praying a single rak'ah;

(b) Perform Witr by praying three rak'ahs;

(c) Perform Witr by praying five rak'ahs;

(d) Perform Witr by praying seven rak'ahs;

(e) Perform Witr by praying nine rak'ahs;

(f) Perform Witr by praying 11 rak'ahs.

And 11 rak'ahs was the most prayed by the Messenger. However, as you know, the Sunnah of the Messenger (sallallaahu 'alayhe wa sallam) consists of statements, actions, and approvals. The Sunnah based on his own actions is no more than 11 rak'ahs, however, we say: The action of the Companions, when they prayed more than 11 rak'ahs, shows that there exists another (variety of the) Sunnah, perhaps it was from the approval of the Messenger, or perhaps it was from a statement of his that did not reach us, since they understood that one could pray more than 11 rak'ahs, and thus they prayed more than 11 rak'ahs.

So this makes the Sunnah of his action 11 rak'ahs. Furthermore, we can say that the Sunnah, in general, shows the permissibility of praying more than 11 rak'ahs as well.

Thus, we can express the fiqh of this issue with the following phrase: The most virtuous thing to do is restrict oneself to 11 rak'ahs, but is if one adds to that, then it is permissible. Adding to 11 rak'ahs is permissible, based on the general application of the Sunnah, by way of the actions of the Companions, may Allaah be pleased with them. This is what is related to qiyaam al-layl.

It is also important to make note of another issue, that the night prayer is an optional form of worship that is maqayyad (restricted). Here is a question: Is it permissible for a Muslim to pray something other than salaat al-layl at night, just some general optional prayers?

The answer: Yes, as general optional prayers have no set limit. Let me give you an example so as to clarify the difference between the two. The Sunnah prayers throughout the day are:

(a) Two rak'ahs before Thuhr, two rak'ahs after Thuhr, two rak'ahs after Maghrib, two rak'ahs after 'Eshaa', and two rak'ahs before Fajr;

(b) Or four rak'ahs before Thuhr, four rak'ahs after Thuhr, (along with the above);

(c) Or four rak'ahs before Thuhr, two rak'ahs after Thuhr, (along with the above);

(d) Or four rak'ahs before 'Asr (along with the above);

This is all based upon what has come in the narrations. So let us say that a man has prayed all of these prayers already, or even if he did not pray them, and he wants to pray some other additional optional prayers, wihtout intending them to be from the established rawaatib (daily Sunnah prayers), then we say: It is permissible for him to do that, whether it is at night or during the day.

However, do not stand up, intending to pray the rawaatib (daily Sunnah prayers), and then add to them. No, as the rawaatib (daily Sunnah prayers) have a set limit, set times, and set numbers of rak'ahs.

And similarly is the night prayer. If you want to pray some general optional prayers at night, then pray however you like. [6] But if you want to pray salaat al-layl, then you must pray according to the limits legislated by the Messenger (sallallaahu 'alayhe wa sallam) related to the time of the prayer and its description. And as far as the number of rak'ahs is concerned, then, as I mentioned, what has been related from the Messenger (sallallaahu 'alayhe wa sallam), based on the generality of His Sunnah, is that there is no specific limit to the number of its rak'ahs.

SOURCE

This was translated exclusively for www.bakkah.net from a cassette recording with the knowledge and permission of the shaykh, file no. AAMB037, dated 1423/8/17. 

FOOTNOTES

[1] From an authentic hadeeth collected by Al-Bukhaaree (#473, 1/701 of Fat-hul-Baaree), Muslim (#1746, 3/273 of Sharh An-Nawawee), and others, on the authority of Ibn 'Umar (may Allaah be pleased with him).

The full text of Al-Bukhaaree's version is: A man came to the Prophet (sallallaahu 'alayhe wa sallam) while he was delivering a khutbah, and said, "How is the night prayer (prayed)?" He replied:

"Two by two, and when you fear the (coming of the) morning, then perform Witr by praying one rak'ah. It will be a Witr for you for everything you have prayed."

[2] From an authentic hadeeth collected by Al-Bukhaaree (#473, 1/701 of Fat-hul-Baaree), Muslim (#2013, 4/310 of Sharh An-Nawawee), and others, on the authority of Ibn 'Umar (may Allaah be pleased with him).

[3] In his book, Bughyatul-Mutatawwi' (p.56), the shaykh said, "It was collected by Al-Haakim in his Mustadrak (1/314), and he called it saheeh according to their (Al-Bukhaaree's and Muslim's) conditions. It was also collected by At-Tahaawee in Sharh Ma'aanee Al-Aathaar (1/292). And Al-Albaanee declared it to be saheeh in Salaat At-Taraaweeh (p.85)."

[4] I was not able to find this exact wording, however it is similar to an authentic hadeeth collected by An-Nasaa'ee in his Sunan (#1711), on the authority of Aboo Ayyoob Al-Ansaaree (may Allaah be pleased with him), who said that the Messenger of Allaah (sallallaahu 'alayhe wa sallam) said:

"Witr is something established, so whoever wants to perform Witr by praying five (rak'ahs), then let him do so. And whhoever wants to perform Witr by praying three (rak'ahs), then let him do so. And whoever wants to perform Witr by praying one (rak'ah), then let him do so."

Al-Albaanee declared it to be saheeh (authentic).

[5] I could not find the hadeeth being referred to here. However the shaykh, in his book, Bughyatul-Mutatawwi' (p.55), states that Witr with only one rak'ah is established by three narrations:

(a) The first one has been mentioned in footnote #1, "...Then perform Witr by praying one rak'ah..."

(b) The second one has been mentioned in footnote #4, "...And whoever wants to perform Witr by praying one (rak'ah), then let him do so."

(c) The third one has been collected by Imaam Muslim in his Saheeh (#1754, 3/274 of Sharh An-Nawawee), on the authority of Ibn 'Umar (may Allaah be pleased with him):

"Witr is a rak'ah performed in the last part of the night."

[6] For example, you do not pray qiyaam al-layl before Maghrib. Also, you do not pray anything after Witr, intending it to be qiyaam al-layl.