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The era of Imam al Baqir rahimahu Llah was a time in which knowledge was widespread and manifest. There were many Tabi’in[1] who transmitted this knowledge from the Sahabah radiya Llahu ‘anhum of the Prophet salla Llahu ‘alayhi wa sallam. Thus, they compiled it, practiced upon it, and taught it to the people. Therefore, the esteemed leaders in knowledge, to whose favour and grace history bore witness, were among the teachers of Imam al Baqir rahimahu Llah. Amongst them were:
In this chapter, I will present a few points that I was able to compile from the jurisprudence of Imam al Baqir rahimahu Llah.
Prayer is the backbone of the religion and it is the second pillar of the pillars of Islam. Its importance has reached such an extent that the Prophet salla Llahu ‘alayhi wa sallam has made it sign of a Believer, and has warned of a severe punishment for the one who abandons it. He made it the differentiating factor between a believer and a disbeliever. It has been narrated from the Prophet salla Llahu ‘alayhi wa sallam:
That which differentiates us from them (the disbelievers and hypocrites) is our performance of salah. He who abandons it, becomes a disbeliever.[8]
Al Hadi, al Qasim, Abu Talib, Abu al ‘Abbas, Tawus, Dawood, al Sha’bi, and the Imamiyyah disagree with him on this and say that it will be incorrect due to the words of the Prophet salla Llahu ‘alayhi wa sallam, “Do not differ from your leader (Imam).” The resident will differ from his traveller Imam, in number and intention, [if he follows the latter in prayer], according to them.
Zaid ibn ‘Ali, al Mu’ayyad bi Allah, Ahmad ibn ‘Ῑsa, the Shafi’iyyah, and Hanafiyyah incline towards the opinion of its validity as long as one does not separate from the guide of his group; and this is the preferred view. The narration that Imam Ahmad ibn Hambal recorded in his Musnad indicates towards its general permissibility:
Ibn ‘Abbas radiya Llahu ‘anhu was asked, “What is the matter of the traveller, that he performs two cycles of prayer when he is alone, and four when he follows a resident [in prayer]?”
He said, “That is the Sunnah.”
In another narration it is mentioned:
Musa ibn Salamah said to him, “Why is it that when we are with you, we perform four cycles of prayer and when we return, we perform two cycles of prayer?”
He said, “That is the Sunnah of Abu al Qasim salla Llahu ‘alayhi wa sallam.”
Ibn Hajar rahimahu Llah has narrated this narration in al Talkhis and did comment about it, only mentioning that it is sourced from Sahih Muslim and Sunan al Nasa’i with the following wording:
I said to Ibn ‘Abbas radiya Llahu ‘anhu, “When I am in Makkah, how should I establish the prayer without the Imam?”
He said, “Two cycles of prayer; in accordance to the Sunnah of Abu al Qasim salla Llahu ‘alayhi wa sallam.”[14]
It is necessary for whoever believes in Allah subhanahu wa ta ‘ala and the final day to perform the Friday prayer, except a woman, traveller, bondsman or ill person.
Al Hadi, al Qasim, Abu al ‘Abbas, al Zuhri, and al Nakh’i say that the Friday prayer will be necessary upon the traveller when he halts at the time of its establishment, not when he is travelling. The point of dispute is whether the term ‘traveller’ will apply to one who halts or one who travels.[17]
He should be asked, “Are you sinful for breaking a fast of Ramadan?” If he says, “No,” then it is necessary for the Imam to kill him, and if he says, “Yes,” then it is necessary that the Imam gives him a severe beating.[18][19]
Whoever forgets that he is fasting, and eats or drinks, should complete his fast for it is only Allah subhanahu wa ta ‘ala Who fed and satiated him.
And it is reported in Jami’ al Tirmidhi with the following words:
It is that sustenance which Allah subhanahu wa ta ‘ala has driven to him.[20]
Give your zakat to those who Allah subhanahu wa ta ‘ala has made your leader; whoever is righteous, it will benefit him and whoever is sinful, it will be a burden upon him.
They also take this saying of Sayyidina Ibn ‘Umar radiya Llahu ‘anhuma as a proof:
Give it to them even if they drink wine.
Those who are not of this opinion take the following verse as a proof:
لَا يَنَالُ عَهْدِي الظَّالِمِيْنَ
My covenant does not include the wrongdoers.[21]
The answer given to them is that the generalness of this verse, despite it being correct for it to be taken as proof during a disagreement, will be specified due to the narrations that have been related with regards to this matter.[22]
‘Abdullah ibn ‘Umar radiya Llahu ‘anhuma divorced his wife whilst she was menstruating. ‘Umar radiya Llahu ‘anhu mentioned it to the Messenger of Allah salla Llahu ‘alayhi wa sallam, who was infuriated by it. He said, “He should take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to divorce her, he can divorce her whilst she is pure before having intercourse with her; and that is the prescribed period which Allah has fixed.”[26]
Imam al Baqir rahimahu Llah opines that the hand of a thief be cut if he steals three gold coins. This is a matter of difference amongst scholars. Some scholars say that [the amount stolen should be equivalent to] two silver coins, and it is reported in Musannaf Ibn Abi Shaybah with a strong chain of narrators that Sayyidina Abu Bakr al Siddiq radiya Llahu ‘anhu cut off the hands of a thief for stealing something that amounted to two silver coins. Other scholars say that the hands will be cut off when something worth three silver coins is stolen. Others say that the stolen item should be equivalent to four silver coins in value; and Ibn al Mundhir narrates this opinion from Sayyidina Abu Hurairah and Sayyidina Abu Sa’id radiya Llahu ‘anhuma. Other scholars, like Hasan al Basri and al Nakh’i rahimahu Llah and others besides them, opine that the stolen item should be equivalent to five silver coins in value.[27]
[1] Plural of Tabi’i. Literally means followers. Refers to those who met the Sahabah radiya Llahu ‘anhum of the Prophet salla Llahu ‘alayhi wa sallam in the state of faith and passed away upon faith.
[2] Tahdhib al Kamal, 11/71.
[3] Ibid., 20/77.
[4] Ibid., 14/479.
[5] Ibid., 20/306.
[6] Nayl al Awtar, 1/192.
[7] Nayl al Awtar, 1/235.
[8] Sunan al Tirmidhi, the Book of Faith, chapter about leaving prayer, # 2545.
[9] It is said that one barid is equal to two farsakh, others say that it is equal to four farsakh; and one farsakh is equal to three miles.
[10] Refers to a narration that goes back directly to the Messenger salla Llahu ‘alayhi wa sallam.
[11] A woman’s mahram is that man to whom marriage is unlawful for her.
[12] Imam Abu Dawood rahimahu Llah has narrated this in the Book of Hajj, chapter with regards to a woman performing Hajj without a mahram, # 1465.
[13] Subul al Salam, 2/39.
[14] Nayl al Awtar, 3/204.
[15] Imam al Bukhari rahimahu Llah narrates from Sayyidina Ka’b ibn ‘Ujrah radiya Llahu ‘anhu that he said:
“As regards salutation we have already learnt it. How should we invoke blessing?”
The Prophet salla Llahu ‘alayhi wa sallam said, “Say, ‘O Allah, bless Muhammad and Muhammad’s family as You have blessed Ibrahim and Ibrahim’s family. O Allah, grant favours to Muhammad and Muhammad’s family as You have granted favours to Ibrahim; You are indeed Praiseworthy and Glorious.’”
Sahih al Bukhari, the Book of Qur’anic Exegesis, chapter about the saying of Allah ‘Indeed Allah and His Angels send blessings upon the Prophet’.
[16] Nayl al Awtar, 2/320.
[17] Nayl al Awtar, 3/278.
[18] Al Muqanna’ah al Mufid, pg. 347.
[19] With regards to the opinion of Imam al Baqir rahimahu Llah to kill one who does not consider it a sin to break a fast of Ramadan, it is due to the fact that this will be apostasy from the Religion of Allah subhanahu wa ta ‘ala. Whoever considers something unlawful to be lawful will be treated as an apostate. As for one who acknowledges that it will be unlawful to do it, he is a sinner oppressing himself, and will be punished by the leader of the matters [of the Believers].
[20] Subul al Salam, 2/160, reported in Sahih al Bukhari and Sahih Muslim.
[21] Surah al Baqarah: 124.
[22] Nayl al Awtar, 4/220.
[23] Subul al Salam, 3/176.
[24] A bid’i divorce occurs when a man divorces his wife either when she is menstruating or during a clean period in which he has had intercourse with her.
[25] Nayl al Awtar, 7/4.
[26] Sahih al Bukhari, the Book of Qur’anic Exegesis, chapter about ‘Mujahid says, “If you doubt”’, # 4528.
[27] Nayl al Awtar, 7/174.