Reflections of a Traveler

Nawawi on making up missed prayers: scholarly consensus

In regards to the obligatory of making up Missed prayers

Imam Nawawi stated in his al-Majmu` Sharh al-Muhadhdhab (3.86):

“There is consensus (ijma`) of the scholars whose opinion counts that whoever leaves a prayer intentionally must make it up. Abu Muhammad Ali Ibn Hazm differed with them on this, saying that such an individual cannot ever make them up and it is not at all valid to make them up. Rather, he said, one must do much good works and voluntary prayer in order that one’s scales be heavied on the day of judgement and one must seek Allah’s forgiveness and repent. This position of his, along with being in opposition to scholarly consensus (ijma`), is invalid in terms of the proof…

Among the proofs for the obligation to makeup is… that if makeup prayers are obligatory for the one who left the prayer forgetfully, then doing so for the one who left the prayer deliberately is more obviously incumbent.”

Imam Nawawi is referring here to the hadith related by Anas that the Messenger of Allah (Allah bless him and give him peace) said,

“Whoever forgets a prayer must perform it when they remember it…” [Bukhari (597), and Muslim (684)]

Imaam Nawawi says, “This hadith contains evidence that the obligatory prayer which has been missed must be made up, regardless if one left it due to a valid excuse, such as sleep or forgetfulness or due to no valid excuse. the hadith mentions only the excuse of forgetfulness due to it being said after the occurrence of a specific even but (is to be applied generally.) If it is necessary for one who has a valid excuse to make up the prayer, it is even more so required for the one who has no valid excuse. Therefore, the hadith is informing us of this by means of using the lesser thing to alert to the greater thing.” (Sharh Muslim- Nawawi)

Shaykh Nuh Ali Salman said, the words of the Prophet :saa: “A debt to Allah has better right to be fulfilled,”

a hadith related by Bukhari and Muslim. “The hadith’s context is that of making up another person’s hajj, the Prophet (SAW) likened the missed worship to a debt, similar hadiths existing about fasting, proving that acts of worship when missed, regardless of the reason, become a debt that must be repaid just as other debts are. and with even better right. We say “regardless of the reason” because the Prophet (SAW) did not ask the questioner about the reason for its having been missed. And if this is established in relation to making up the worship of another, it hold with still a better right for making up one’s own missed acts of worship.”

Imaam Qurtabi said, “The Jurist of the four schools of thought are agreed it is obligatory to make up missed obligatory prayers, regardless of whether one left them due to a valid reason, such as sleep or forgetfulness, or out of negligence and laziness.”

To understand why it is Wajib To make up your missed Salaat, you need to understand the conditions of Tawba.(repentance)

What are the conditions of tawba(repentance) to be accepted?

I know of four condition, of which I don’t think there is a difference of opinion on.

1. That he must stop the sin.
2. Have a sense of remorse.
3. Be determined never to repeat again.
4. And he must correct the wrong act if he is able.

I have not read any different opinion concerning the condition of repentance.

The condition that is very important to the issue of making up the salaat, is the forth (4th) condition.

You have to correct the wrong that you have committed if possible.

For example, if you steal $1000 from somebody, it is not sufficient that one just say, Allah forgive me, but he has to ask Allah forgiveness, feel remorse about it, never repeat it, and return the money.

Even if he has bills to pay. Out of taqwa.

And this is how we should understand our salaat.

In terms of salaat.

If a person misses his salaat, he must:

1. Stop missing his salaat.
2. He must feel remorse.
3. Be determined never to miss another salaat.
4. And make up what he missed, as he violated his obligation to Allah.

The words of the Prophet :saa: “A debt to Allah has better right to be fulfilled,”

a hadith related by Bukhari and Muslim.

And these are the condition of Repentance.

Ali (May Allah be pleased with him), heard an Arab nomad say: “O Allah, I beg Your Forgiveness and I repent to You.” Ali said, “O you there, slickness of the tongue in repentance is the repentance of liars! The Arab nomad then asked, “And what is repentance?” Ali (May Allah be Pleased with him) replied, “It includes six things:

1. Remorse for sins committed in the past.
2. Renewed performance of obligatory religious duties (faraid).
3. Providing compensation for acts of criminal injustice.
4. Seeking pardon from the adversaries.
5. Resolving never to repeat the offence.
6. Dissolving your lower self in worshipful obedience to Allah, just as you caused it to grow in sinful obedience, just as you let it taste the sweetness of sinful acts of disobedience, until it comes to enjoy the sweetness and flavours of worshipful obedience.”

Point 2 and 3

2. Renewed performance of obligatory religious duties (faraid).

3. Providing compensation for acts of criminal injustice. is correcting the wrong you commited. Thus proving that it is Wajib to make up the Salaat as part of your tawba.

Ali said, “O you there, slickness of the tongue in repentance is the repentance of liars!

Shaykh Ahmad Fathu’llah Jami said, “According to the authors of Sharh Al Maqasid: “If the offense was a violation of the right of Allah(exalted is He), and His Alone, remorse is sufficient, as in the cases like fleeing from military advance, and failing to enjoin what is right and proper(ma’ruf). In certain matters, there may be an additional requirement, like submitting oneself to the legal penalty (hadd) for drinking alcoholic liquor, paying what is outstanding from the alms-due (zakat), and making up for the missed performance of the ritual prayer (salaat).”

Those who choose to follow Ibn Hazm’s position.

Many have chosen to follow Ibn Hazm position mostly because they feel it is the easier position. Many misunderstand Ibn Hazm position, to mean that one doesn’t have to fulfill the conditions of tawba which states, “And he must correct the wrong act if he is able.” And understand this to mean that because the Fard Salat is outside of its time, it is impossible to fulfill this condition of tawba. However, Ibn Hazm realizes that this condition of tawba must be met, this is why Imam Nawawi said, “Rather, he said, one must do much good works and voluntary prayer in order that one’s scales be heavied on the day of judgement and one must seek Allah’s forgiveness and repent.” So in reality you are required to do more voluntary prayers and more other good works to competes with the obligatory prayer that you missed. Ibn Hazm says in his al Muhalla, “There is a certain amount of good in the obligatory prayer and a certain amount in the voluntary (prayer), so the cumulative amount of good when many voluntary prayers are performed must equal or be more than the amount of obligatory prayer.” Which means one has to do the amount of voluntary prayers that equal to or more than an obligatory prayer.

It is easier to follow the dominant and sounder position

So practically speaking it is easier to follow the dominant position of the four madhabs which requires you only to make up the missed prayers as oppose to trying to fulfill that condition of tawba by doing voluntary prayers that equal up to an obligatory prayer.

And Allah knows best.