Binaa for Lady praying alone

[Arslan]

Question

 

Assalamu alaykum wa rahmatullahi wa barakatuhu,

 

If a woman is performing salaatut tasbeeh at home, and whilst in salaah her wudhoo breaks, can she carry on praying her salaat from the point where her wudhu broke after making a fresh wudhu? Is binaa permissible for a woman praying salaah at home?

 

Answer

 

Wa'alaykum as Salam wa rahmatullahi wa barakatuhu,

 

It will be permissible for her to continue praying from where she stopped, bearing in mind the various laws of Binaa. However, it is better that she renews her prayer.

 

والرجل والمرأة في حق حكم البناء سواء، هكذا ذكر محمد رحمة الله عليه في الباب الأول من «الجامع الكبير» : وهذا لأن جواز البناء عرف بالحديث الذي روينا أنه يتناول الرجل والمرأة لأن النبي عليه السلام ذكره بكلمة (من) عامة للرجال والنساء جميعاً. (المحيط البرهاني في الفقه النعماني (1/ 483)

(ويتم صلاته ثمة) وهو أولى تقليلا للمشي (أو يعود إلى مكانه) ليتحد مكانها (كمنفرد) فإنه مخير، وهذا كله (الدر المختار (ص: 82)

باب الحدث في الصلاة
" ومن سبقه الحدث في الصلاة انصرف فإن كان إماما استخلف وتوضأ وبنى " والقياس أن يستقبل وهو قول الشافعي رحمه الله تعالى لأن الحدث ينافيها والمشي والانحراف يفسدانها فأشبه الحدث العمد.
ولنا قوله عليه الصلاة والسلام " من قاء أو رعف أو أمذى في صلاته فلينصرف وليتوضأ وليبن على صلاته مالم يتكلم " وقال عليه الصلاة والسلام " إذا صلى أحدكم فقاء أو رعف فليضع يده على فمه وليقدم من لم يسبق بشيء" والبلوى فيما يسبق دون ما يعتمده فلا يلحق به " والاستئناف أفضل " تحرزا عن شبهة الخلاف وقيل إن المنفرد يستقبل والإمام والمقتدي يبني صيانة لفضيلة الجماعة " والمنفرد إن شاء أتم في منزله وإن عاد إلى مكانه (الهداية (1/ 59)

 

 

Ismaa'il Moosa (Mufti)

http://www.fatwaa.com/binaa-lady-praying-alone/

 

Edited December 9, 2014 by Arslan

[ummtaalib]

Wa'alaykumus salaam warahmatullah.

Jazaakallah. I had no idea about this. Is it possible the post the laws of Binaa which Mufti sahib has mentioned?

[Arslan]

Binaa is the option to continue your salat from where you left off if your wudhu happens to break. Its usually mentioned in the context of jama`ah for men. The main benefit of it being that if a muqtadi's wudhu happens to break, rather than missing the jama`ah and losing out on the reward, he can quickly make wudhu and rejoin the jama`ah, and any rak`ahs he missed while making wudhu can be made up as a laahiq.

 

Rules of binaa are mentioned in Bahishti Zewar, and I've reproduced them below:

 

If a person experiences hadath in his salaat, his salaat will become invalid if he experienced hadath-e-akbar, whereby ghusl becomes wajib. If he experiences hadath-e-asghar, it will either be two things: this hadath-e-asghar will either be ikhtiyaari or ghair ikhtiyaari. Ikhtiyaari means it was caused or brought about by the will of man. Ghayr ikhtiyaari means that it was not caused or not brought about by the will of man.

 

If it is ikhtiyaari, the salaat will become invalid. For example, a person laughs loudly in his salaat, he hurts his body and thereby draws out blood, he forces himself to pass wind, a person walks on the roof and by walking there a stone or anything else falls down on the head of a musalli and he starts to bleed - in all these cases the salaat will become invalid. This is because all these actions are carried out through the will of man.

 

If it is ghayr ikhtiyaari, then there are two conditions in this. It is either something that occurs very rarely, such as madness, unconsciousness or the death of the imam,or something that occurs often, such as passing of wind, urinating, passing stool or the emission of pre-coital fluid, etc. If it is something that occurs very rarely, the salaat will become invalid. And if it is something that occurs often, the salaat will not be invalidated. Instead, after having made his wudu, the person has the choice and the permission to either continue his salaat from where his wudu had broken or to repeat the entire salaat. However, it is better to repeat the entire salaat. There are certain prerequisites in the case where he wishes to continue his salaat from where his wudu had broken:

 

i) he should not offer any rukn in the state of hadath.

ii) he should not offer any rukn while walking, for example, while he is going towards or returning from wudu, he should not recite the Quran because recitation of the Quran is a rukn of salaat.

iii) he should not do any act which negates salaat nor should he do anything which is possible to refrain from.

iv) once he experiences any hadath, he should not delay in stopping any rukn without any valid excuse. Instead he should immediately go to make his wudu. However, if there is a valid excuse, there is no harm in delaying. For example, there are many saffs and he is standing in the first saff and it is difficult to break through the saffs.

 

If a munfarid experiences hadath, it is permissible for him to make wudu immediately, and he should complete his wudu as quickly as possible. But this should be done with due consideration to all the sunnahs and mustahabs of wudu. In the meanwhile, he should not engage in any conversation. If water is available nearby, he should not go to any place that is further away. In short, he should not do anything more than what is necessary. On completing his wudu, he could continue with his salaat at that very place of wudu, and this is preferable; or he could go back to his original place. It is preferable to break his first salaat by making salaam for it, and after completing his wudu, to repeat his entire salaat.

 

Edited December 10, 2014 by Arslan

[Haya]

Shouldn't this thread be moved to "Hanafi Fiqh (women)" section?

[ummtaalib]

Jazaakallaahu khayran Brother Arslan...i understand now

 

 

@Haya: yes i'll move it...Jazaakillah