Question
Question: What is the stronger view regarding the obligation of Jumuʿah during a time of intermission?
Answer
Answer—and Allah is the Guardian who grants success: The stronger view is that of those who say it remains obligatory during such a period. It does not appear that an Imām (ruler) is a condition for its obligation, nor a purpose-built mosque, nor a town. What does appear is that only the following are conditions:
1. Congregation;
2. That those establishing it be believers.
If the one leading it is not righteous, or is a caller to innovation, or is partisan toward flagrant sinners, then it is not proper to attend it—indeed, it is not permissible to attend. This is what appears to me, and Allah knows best.
As for what is narrated: “Four matters rest with the rulers: the Friday prayer, the zakāt …” and so forth—we accept its purport: when there is a ruler, it is incumbent upon him to establish Jumuʿah for the people and to appoint those who conduct it. But if there is no ruler, then it is obligatory upon the believers to establish it, just as with zakāt: it pertains to the rulers, but if there are none, then those possessing wealth must pay it to those entitled to it.
- It is established in narration that Jumuʿah is not obligatory upon the woman, the slave, the traveler, and the sick; this is established by sound transmission.
As for what is narrated from the Imāms of the Prophet’s Household—peace be upon them—regarding the Friday prayer: what appears is that by their saying “it is not obligatory except with a rightful Imām,” they intended to repel those who imagined it obligatory under tyrannical rulers.
To clarify, as appears to me: the circumstances under the Umayyads and the ʿAbbāsids were severe, with their complete domination of the scene; they were the ones who established the Friday congregations. The circumstances simply did not permit establishing a Jumuʿah outside the control of the kings at all; it was inconceivable then to establish it except under a state that would protect it. In line with that, Ahl al-Bayt—peace be upon them—issued the fatwās they did regarding Jumuʿah.
If they had had circumstances like ours today—full freedom to establish the Friday prayer without the state ordering, forbidding, or controlling it, but with complete control in the hands of those establishing it—had they enjoyed that, they would have declared it obligatory and valid. This follows from the Almighty’s words: “Those who, if We establish them in the land, establish the prayer…” [al-Ḥajj:41], and: “He will surely establish for them the religion He has approved for them” [al-Nūr:55].
It is as though our Imams said what they said about Jumuʿah because they believed that the ability to establish it could only exist under the aegis of an Imām-ruler, and they could not conceive of its being held outside such a state—an understanding that sprang from the long, successive eras they lived through in which rulers held complete sway over Muslim lands.
Accordingly, the ability to establish Jumuʿah is a condition for its obligation: whenever that ability exists, establishing it is obligatory—whether that ability comes with an Imām or without one.
It has not become clear to me that an Imām is a condition for its validity, for the proofs for that are not clear. Ibn Ḥariwah—may Allah have mercy on him—argued for the school’s position by saying the Companions held the Friday prayer in which the Messenger of Allah (may Allah bless him and his family and grant them peace) died—on its fourth [Friday] [sic].
The reply: the Messenger of Allah—may Allah bless him and his family and grant them peace—was ill, and the authority to establish it belonged to him; he (may Allah bless him and his family and grant them peace) was the Jumuʿah and congregational Imām in his mosque, and he did not command them to hold it. They were not permitted to establish it except with his leave.
- On this basis, the Friday prayer is like the other prayers except that it is distinguished by requiring congregation and two sermons—and what we have stated is preferable as a matter of precaution.
Allah, Exalted, gave Friday prayer special care and emphasized it with an additional command: “O you who believe, when the call is proclaimed for prayer on Friday, hasten to the remembrance of Allah and leave off trade…” [al-Jumuʿah:9], and: “Maintain with care the prayers and the middle prayer” [al-Baqarah:238]. The middle prayer is the Friday prayer on Friday, and on the other days it is ẓuhr, according to the stronger report—related from al-Hādī, peace be upon him.
Yes: making an Imām-ruler a condition for Jumuʿah is only in order to provide security for the worshippers, to guarantee freedom to speak the truth in the two sermons, and to select a qualified, sound person in religion and creed to lead it. These are indispensable; otherwise it does not become obligatory. Thus, security for worshippers, freedom to proclaim the truth, and the uprightness of the one establishing it in creed and religion—all of that is a condition for its obligation. If all of that is available without an Imām, then it should not be left; indeed, it is impermissible to leave it—because in that case it is a pure benefit unmixed with harm.
- Leaving it, however, will lead to harms:
1. Slander from the enemies of the school—and even from some of its followers—who will seize on its abandonment to denounce the Zaydīs for not praying Jumuʿah.
2. The school’s opponents will find an open opportunity to invite people to their Friday gatherings and to their falsehood.
3. A great emblem of Islam will be lost.
4. Friday is a venue to call people to the truth and its people, for admonition, guidance, encouragement and warning, and so on; if Jumuʿah is not held, this great benefit is lost.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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