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06 Şubat 2009, 15:09:30
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« : 06 Şubat 2009, 15:09:30 »

People with tartîb


Question: What does “having tartîb” mean?
ANSWER
Having tartîb means not having any debt of qadâ [If a namâz is not performed in its time, performing it after its prescribed time is over is named qadâ] namâzes. People who have performed all of their qadâ namâzes become people with tartîb. People with tartîb must observe the order of time when performing the fard [obligatory] part of the five daily namâzes and the namâz of Witr and when making qadâ of them. Unless a person performs a namâz or makes qadâ of it, it is not jâiz [permissible] for him or her to perform the five namâzes succeeding it. In other words, it is a condition that you perform a namâz of qadâ before you perform the time’s namâz. It is stated in a hadîth-i sharîf: “If a person who has over-slept or forgotten a namâz remembers it while performing the following namâz in jamâ’at, he must finish the namâz together with the imâm and then make qadâ of the previous namâz! Then he must perform again the one that he has performed with the imâm!” (Durr-ul-mukhtâr)

It is not necessary to observe the tartîb in case of the following situations:
1- If you forget it,
2- If you get close to the end of the time for namâz,
3- If you have many qadâ [omitted] namâzes.

Let us give an example for each case:
1- Forgetting: If a person who has forgotten to perform early aftertoon namâz remembers it after the adhân of late afternoon namâz is called and if that person performs the late afternoon namâz before making qadâ of the early afternoon namâz first, the late afternoon namâz is not sahîh [valid]. However, if (s)he remembers not having performed the early afternoon namâz after performing the late afternoon namâz, in this case, the late afternoon namâz is valid, for it is an excuse to forget. After that, the early afternoon namâz is made qadâ. For example, if you sleep without performing the namâz of Witr and wake up when the adhân of morning namâz is called, you have to make qadâ of the namâz of Witr first. But if you remember not having performed the Witr namâz after performing the morning namâz, the morning namâz is valid.

2- Getting close to the end of time for a namâz: If you forget to perform early afternoon namâz and if there is only enough time for you to perform a namâz of four rak’ats before the time of evening namâz, you perform the late afternoon namâz without making qadâ of the early afternoon namâz first. Afterwards, you make qadâ of the early afternoon namâz.

3- If you have many qadâ namâzes: If the number of qadâ namâzes you have omitted equals six and upward, you can perform the daily namâzes without making qadâ of those omitted ones. For example, if you omit all namâzes for a month, if you repent of this and start performing namâz regularly without making qadâ of previously omitted ones, but again, if you omit a namâz, e.g. early afternoon namâz, according to the majority of ‘ulamâ [savants], it is permissible for you to perform daily namâzes without making qadâ of that (early afternoon) namâz. (Halabî)

Question: I am a person with tartîb. If I sleep with the intention of performing the Witr namâz after midnight, but when I wake up, if the time for morning namâz has begun, in such a case, is it valid to perform the morning namâz without making qadâ of the Witr namâz first? When I wake up, if there is only enough time for me to perform a namâz of three rak’ats, what will I do? Will I perform the fard of the morning namâz or make qadâ of the Witr namâz?
ANSWER
The Witr namâz is like fard namâzes in terms of adâ [performing a namâz in its appointed time] and qadâ [performing a namâz after its prescribed time]. That is, if a person with tartîb performs the fard of the morning namâz before making qadâ of the Witr, the morning namâz is not valid. It is permissible only when you forget to perform it or if the remaining time is not enough for the performance of it. When the remaining time before sunrise is only enough for the performance of a namâz of three rak’ats, then you perform the fard of the morning namâz. But you have to make qadâ of the Witr namâz in a time period between 50 minutes after the sunrise and 20 minutes before the time for early afternoon namâz begins. Or else, your early afternoon namâz will not be valid if you perform it before making qadâ of the Witr namâz.

Question: It is written in fiqh books that when a person with tartîb performs the time’s namâz without first making qadâ of a fard namâz that (s)he has omitted by forgetting, the time’s namâz will not be valid. Now that it is not valid to perform the time’s namâz before performing the qadâ namâz, is it valid to perform sunnat or nâfila [supererogatory] namâzes when one has the debt of qadâ?
ANSWER
The rule for people with tartîb and for people without tartîb is different. If those who have tartîb, that is, those who do not have any qadâ namâzes leave a namâz to qadâ by forgetting or due to some excuse stated by Islam and if they perform the time’s namâz before making qadâ of that namâz, the time’s namâz is not valid. Three hadîth-i sharîfs concerning this issue are as follows:

(If a person performs the time’s namâz without first making qadâ of the fard that he has omitted by forgetting, the time’s namâz is not valid.) [Dâra Qutnî, Qurtubî, Imam-i Suyûtî]

(If a person who has forgotten a namâz remembers it while performing a fard, he must perform the namâz he has forgotten after completing the namâz he has begun.)
[Bayhaqî, Dâra Qutnî, Ibni ‘Adî]

(If a person who has forgotten a namâz remembers it while performing another namâz with imâm, he must finish the namâz together with the imâm and then make qadâ of the omitted namâz! Then he must perform again the one that he has performed with the imâm!) [Tabarânî, Khatîb]

The rule concerning qadâ namâzes is for people who have omitted their namâzes due to good excuses (These excuses are communicated by Islam). However, if people have qadâ namâzes that were omitted deliberately, the time’s namâz is valid before making qadâ of them, but their sunnat and nâfila [supererogatory] namâzes are not acceptable. (The Booklet of Bay’ wa Shira’, Nawâdir-i fiqhiyya fî madhhab-il-hanafiyya)

The purport of another hadîth-i sharîf transmitted by Hadrat ‘Alî is as follows:
(The situation of a person who is performing a supererogatory namâz while he has the debt of qadâ namâz is like the situation of a pregrant woman who has verged on giving birth. When she comes close to the delivery, she suffers a miscarriage. She is not called a pregnant woman or a mother anymore. So is the case with that person, and as long as he does not perform his qadâ namâzes, ALLAHu ta’âlâ will not accept his supererogatory ones.) [Futûh-ul-ghayb, chap. 48]

(It is written in fiqh books that all sunnat namâzes are included in the category of nâfila [supererogatory] namâzes.)
 
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