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After teaching the text for a year now it seemed necessary to mention some things in favor of Fiqh us-Sunnah and in the hope that Allah (swt) will reward as Sayyid Sabiq (r) for his unique endeavor. What Shaikh Sabiq (r) aimed at was to make popular a fiqh taught with evidences that was simple in language and encompassed multiple opinions. What slipped my reading of Fiqh us Sunnah most possibly due to the stage of my understanding was a subtle matter.

With all due respect shaikh Yusuf. I see things exactly the opposite as far as a curriculum of study is concerned. I do agree that Sh. Sayyid Sabiq was a great researcher and that his text would be useful for accomplished students of knowledge. The tradition of Ahle Sunnah wal-Jama'ah is to study a madhab thoroughly first preferably with its own scholars. If you can find detailed explanation of a madhhab then that would suffice to come to understand Fiqh but never to teach it as you need a shaikh to bring you to this level. Since we both started studying this book back in 2002 together based upon Sh. Ahmad's interpretation of the Arabic which was much better than the translations I can tell you how confused it made me. Being bombarded with all these opinions on one or two texts and a very unclear form and method of preference for one opinion over the other one gets in what opinion to take. In many cases we find (possibly unintentionally) his shafi'ee influence in the process of tarjeeh. The truth is in most cases if you go to the established and authenticated books of the madhahib you will find much better explanations and proofs to support their posotion something missing. The comparative approach is a last step for a student of knowledge who has a strong base in a madhab in Fiqh, Usool, and Qawa'id as well as a thorough understanding of Hadith sciences and the Arabic language. I also disagree with the contention that Sh. Sayid was influenced by Al-Mugni because it is very rare to see a hanbali opinion and it wasn't until recently that a brother did a commentary on fiqh as-Sunnah according to the Hanbali madhhab. He mentions in his intro that either sh. Sayid doesn't mention the Hanbali opinion or he misrepresents it.

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Firstly, we agree as a starting point that the way to scholarship is to study a madhab but likewise Ahl Sunnah Wa'l Jam'ah has dealt with comparative fiqh for sometime now and this is part of our tradition and part of scholarship.

Secondly, I would say that part of the issue with studying Fiqh us Sunnah with Shaikh Ahmad (h) with all due respect is that you did not key in on the distinction he made between majority-minority opinions. What Shaikh Ahmad (h) explained to me was that Shaikh Sayyid Sabiq (r) leans to the majority position more often than not.

Thirdly, the approach of most contemporary scholars is to present fiqh with its broadness rather than limit the follower to just one opinion and this is to facilitate ease.

Fourthly, as a point of interest these books are starting points while studying with Ulema.

Fifthly, as a matter of information one of the best books for hadith and comparative fiqh with the soundest opinions is Aujaz al Masalik by Shaikhul Hadith Maulana Zakariyyah (r) he conveys the opinion of fatwa for all for each madhab.

Sixthly, I never said Shaikh Sabiq (r) was influenced by al-Mughni what was said was that he referred to al-Mughni this is a fact. Also, Mughni as you know does not represent the madhab of Imam Ahmad for that we go to Imam Buhuti's works.

Seventhly, studying a madhab is no easy task and it is not the most preferred starting point for people who are not serious about studying fiqh. Also we do not want to reinforce bigotry for one school over another.

Eightly, what was written was my observation and possibly it may not hold weight you may be right but it is my contention that Fiqh us Sunnah is beneficial more than it is harmful but it is no substitute for the various approaches to fiqh study but represents one approach among others.

Ninthly, when are you going to teach Hanbali fiqh on Suhaibwebb.com?

Lastly, how do you deal with the fact that Imam Ahmad did not desire to leave a school of fiqh behind but desired that people rely directly on the Book and Sunnah?

Thanks you for the piece. It's very insightful and thought provoking. I begin my approach to fiqh by following a madhhab. Could you please define what you mean by majority and minority positions in particular junctures of fiqh. I think this could help me understand the perspective of many the pears that I work with who say they take from all four schools.

Salam aleikum. My question goes thus:

which of the book treat fiqh and more prefered for one who does not have arabic knowledge as the fiqh us sunnah of sayyid sabiq state the opinions of the various schools but sometime i got confused about his judgement. maasalam

The witr prayer is the only daily confirmed sunnah prayer, in the Maliki school. The other daily non-obligatory prayers that are prayed immediately before or after the five obligatory prayers are considered confirmed nafilah (nafilah muakkadah). The exception to this is the fajr prayer i.e. the two non-obligatory rakahs that are prayed before the dawn obligatory prayer (subh prayer). These two rakahs fall under the category of raghiba. This category is considered below a sunnah but higher than a nafila. There are no other prayers in this category.

The nafilah/sunnah prayers are prayed two rakah at a time, not 4 rakah at a time. If one mistakenly adds a third rakah one would complete a fourth rakah and perform two prostrations of forgetfulness before saying the salaam.

Commenting upon this report, Ibn Hajr says, "The Prophet's raising his hands at the beginning of his prayer has been narrated by fifty companions, inluding the ten who were given the tidings of Paradise. " Al-Baihaqi related that al-Hakim said, "I do not know of any sunnah other than this one which is accepted by the four rightly-guided khalifahs, the ten companions who were given the tidings of Paradise, and other companions scattered across many lands." Summing up his evaluation of the report, al-Baihaqi says, "And it is as our teacher Abu 'Abdullah has said."

Women have to do this the same way. Says Ash-Shaukani, "Know that this sunnah is to be done by men and women. There is no proof to show that there is any difference between them on this point. There is also no proof to show that they are to raise their hands to different levels."

-9- It is sunnah to say ,"I seek refuge in..." silently. In al-Mughni, it states, "One should say the seeking of refuge silently and not aloud, and I do not know of any difference of opinion on that point." But ash-Shaf'i was of the opinion that one may choose between saying it silently or aloud in those prayers recited aloud. It has been related that Abu Hurairah recited aloud, but this report has a weak chain.

Speaking of it, Ibn al-Qayyim says, "The jurists differ over whether or not that is a time to say, 'I seek refuge...' But they agree that it is not a place to make the opening supplication. On the former point, there are two opinions, both of them related from Ahmad. Some of his companions concluded that either the prayer is only one recitation, so it is sufficient just to seek refuge once, or that each recital is a recital by itself that requires the seeking of refuge. They do not dispute the fact that the opening supplication is for the whole prayer. It is sufficient to seek refuge only once, as it is apparent from the authentic hadith." Then he mentions the preceding hadith of Abu Hurairah, and says, "It is sufficient just to make one opening supplication, since there is no real break between the recital of the prayer. The only thing that is between them is the remembrance of Allah, and so on. Therefore, it will be considered as one recital. Ash Shaukani has the final word, and says, 'It is best just to do what has been related from the sunnah, and that is to seek refuge in the first rak'ah only."

It is sunnah for everyone to say 'ameen after reciting al-Fatihah. The word ameen is not part of al-Fatihah, but rather a supplication meaning, "O Allah, respond (to or answer what we have said). It should be said aloud in the prayers where the recital is aloud, and quietly in the prayers where the recital is silent. Said Na'eem al-Mujamir, "I prayed behind Abu Hurairah and he said, 'In the name of Allah, the Compassionate, the Merciful,' then recited al-Fatihah, and closed it with 'ameen. The people also said 'ameen. After the prayer, Abu Hurairah said, 'By the One in whose Hand is my soul, I have followed the prayer of the Prophet."

It is sunnah for the person to recite a section of the Qur'an after al-Fatihah during the two rak'ah of the morning prayer and the Friday prayer, and the first two rak'ah of the noon, afternoon, sunset and night prayers, and in all of the rak'ah of the superogatory prayers. Abu Qatadah reported that the Prophet, upon whom be peace, would recite al-Fatihah and some surah in the first two rak'ah of the noon prayer, and only al-Fatihah in the last two rak'ah. Sometimes he would recite some verses. The first rak'ah's recital would be longer than the second. That was how it was done in the afternoon and morning prayers. This is related by al-Bukhari, Muslim and by Abu Dawud, who adds, "We think he did that in order to allow people to catch the first rak'ah."

The Prophet would recite different surahs in the sunset prayer on different days. Sometimes he would recite al-A'raf in the two rak'ahs and sometimes at-Tur or al-Mursilat. Says Abu 'Umar ibn 'Abdul-Barr, "It is related that the Prophet, upon whom be peace, recited al-A'raf or as-Saffat or Ha-Mim Dukhan or al-A'la or at-Tin or the last two surahs of al-Mufassil. All of that is related through authentic chains. " Marwan ibn al-Hakim used to do this, and when Zaid ibn Thabit objected to it he said, "What is wrong with you that you always recite one of the short surahs from al-Mufassil during the sunset prayer? I have seen the Prophet, upon whom be peace, reciting a long chapter therein." Marwan asked, "And what is a long chapter?" He answered, "Al-A'raf." This hadith is sahih. Abu Dawud, an-Nasa'i, Ibn Majah and at-Tirmizhi related it. An-Nasa'i records that 'Aishah said, "The Prophet, upon whom be peace, read al-A'raf during the sunset prayer and he divided it between the two rak'ahs." To always recite a short surah from al-Mufassil is an act that differs from the sunnah, and this is what Marwan ibn al-Hakim did. 2351a5e196