Note: [.... indicates omission of isnaad]

255: ....From Saalim from his father who said, 'I saw the Messenger of Allaah raise his hands up to his shoulders when he started the prayer, and when he went into ruku' and when he raised his head from ruku', and the son of ibn Umar added in his hadeeth, 'and he did not do that between the two sajdas'

256: Abu 'Eesaa (ie at-Tirmidhee) said, ....az-Zuhree related to us the likes of the hadeeth of ibn Umar.

He said, and the ahaadeeth like this are related from Umar, Ali, Wa'il bin Hujr, Maalik bin Huwairith, Anas, Abu Hurayra, Abu Haamid, Abu Aseed, Sahl bin Sa'd, Muhammad bin Muslima, Abu Qataadah, Abu Musa al-Asharee, Jaabir and Umair al-Laithee.

Abu 'Eesaa said, the hadeeth of ibn Umar is Hasan Saheeh. And some of the people of Knowledge from the Companions of the Prophet held this view, from amongst them: ibn Umar, Jaabir bin Abdullaah, Abu Hurayra, Anas, ibn Abbaas, Abdullaah bin Zubair and others. And from the Taabi'een: Hasan al-Basri, 'Ataa, Tawoos, Mujaahid, Naafi', Saalim bin Abdullaah, Sa'eed bin Jubair and others.

And of this opinion were Abdullaah bin Mubaarak, ash-Shaafi'ee, Ahmad and Ishaaq.

And Abdullaah bin Mubaarak said, 'the hadeeth of the one who raises his hands is established, ' and he mentioned the hadeeth of Saalim from his father (i.e. no.255), 'and the hadeeth of ibn Mas'ud ) is not established, "that the Prophet did not raise his hands except the first time"'....

....From 'Alqama who said, 'ibn Mas'ud said, "shall I not pray with you the prayer of the Messenger of Allaah " so he prayed and he did not raise his hands except the first time.'

He (i.e Tirmidhee) said, and the hadeeth like this are related from al-Baraa bin Aazib.

Abu 'Eesaa said, the Hadeeth of ibn Mas'ud is a Hasan hadeeth. And of this opinion were more than one of the People of Knowledge from the Companions of the Prophet and the Taabi'een. And it is the opinion of Sufyaan and the People of Kufah.

[END OF QUOTE FROM JAAMI AT_TIRMIDHEE]

COMMENTARY

His saying, ' raise his hands up to his shoulders when he started the prayer, and when he went into ruku' and when he raised his head from ruku''

This is a clear evidence that raising of the hands in these places is a sunnah. And this is the truth and that which is correct.

And Bukhaaree transmits in his {saheeh}, after this hadeeth of ibn Umar, from his shaikh Ali bin al-Madanee who said, 'it is a duty upon the muslims that they raise their hands at the time of ruku' and rising from it, due to this hadeeth of ibn Umar.' And this is in the narration of ibn Asaakir. And Imaam Bukhaaree mentioned it in his {juz rafa' al-yadain} and expounded on it, and he was the most knowledgable person of his time.

'AND HE DID NOT DO THAT BETWEEN THE TWO SAJDAS'

And in a narration of Bukhaaree, 'and he did not do that when he made sajda, nor when he raised his head from sajda.'

'AND THE AHAADEETH LIKE THIS ARE RELATED FROM.....'

[sources of narration omitted]

as-Suyuti said in {al-Azhaar al-Mutanaathira fee al-Akhbaar al-Mutawaatira}, 'that the hadeeth of raising (hands at ruku) is mutawaatir from the Prophet '.

..... And al-Haafidh (ibn Hajr) said in {al-Fath} and Bukhaaree mentioned that raising of the hands at ruku' and at rising from ruku' is related from 17 of the sahaabah.

And al-Haakim and Abu al-Qaasim ibn Mandah mention that from amongst the ones that narrate it are the ten promised paradise. And our shaikh Abu al-Fadl al-Haafidh mentioned that he followed up the narrations from the sahaabah and they reached 50 (sahaabah).

ash-Shawkaanee said in {an-Nail},

'that al-Bayhaqi list in his {sunan} and {khilaafiyaah} the names of those that the relate the raising of hands (at ruku' reaching) the likes of 30 sahaabah. And he said, "I heard al-Haakim say, 'the ten promised paradise related this sunnah and others from the greatest of the Sahaabah.' and it is as he said"'

And al-Haakim and al-Bayhaqi also said, 'And a narration of a sunnah is not known upon which the ten and those after them from the greatest of the Companions agreed to except this one'

His saying, 'AND SOME OF THE PEOPLE OF KNOWLEDGE FROM THE COMPANIONS OF THE PROPHET HELD THIS VIEW..'

al-Haafidh (ibn Hajr) said in {al-Fath}, 'Muhammad bin Nasr al-Marwazee said, "the scholars of the lands agree to the legislation of this (sunnah) except the people of Kufah. And al-Bukhaaree authored a seperate book on this issue, and he relates in it from al-Hasan and Humaid bin Halaal, "that the sahaabah used to do that." And Bukhaaree said, "and al-Hasan did not exclude anyone"' [end]

I say: al-Bukhaaree said in {juz rafa' al-yadain}, 'al-Hasan and Humaid bin Halaal said, "the Companions of the Messenger of Allaah used to raise their hands" and they did not exclude any one of the Companions of the the Prophet . And it is not established with the people of knowledge from any of the Companions that he did not raise his hands. And it is also related from a number of the Companions of the Prophet what we have described, and likewise from a number of scholars of Mecca, Hijaaz, Iraaq, Shaam, Basra, Yemen, and a number from Khurasaan. From amongst them: Sa'eed bin Jubair, 'Ataa bin Abee Rabaah, Mujaahid, al-Qaasim bin Muhammad, Saalim bin Abdullaah bin Umar bin al-Khattaab, Umar bin Abdul Aziz, Nu'maan bin Abee Ayaash, al-Hasan, ibn Seereen, Tawoos, Makhool, Abdullaah bin Deenaar, Naafi' the servant of Umar, al-Hasan bin Muslim, Qais bin Sa'd and many more. And it is related from Umm ad-Dardaa that she used to raise her hands.

'And Abdullaah bin Mubaarak used to raise his hands (at ruku') and likewise the generality of his companions. From amongst them, Alee bin al-Husain, Abd bin Umar, Yahya bin Yahya, the Muhadditheen of the People of Bukhaar from amongst them: Eesaa bin Musaa, and Ka'b bin Sa'eed, Muhammad bin Silaam, Abdullaah bin Muhammad, al-Musnadee, and many more beyond enumeration.

There is no difference upon what we have described amongst the people of Knowledge. And Abdullaah bin Zubair, Ali bin Abdullaah, Yahya bin Ma'een, Ahmad bin Hanbal, Ishaaq bin Ibraheem affirmed these hadeeth and considered them to be the truth. And these are the People of Knowledge from the People of their times.' [End of quote]

His saying, 'AND OF THIS OPINION WERE ABDULLAAH BIN AL-MUBAARAK, AND ASH-SHAAFI'EE AND AHMAD AND ISHAAQ'

And it is the opinion of Maalik. And it is the last of two sayings from him and the most authentic. al-Haafidh said on {al-fath}, 'ibn Abdul Barr (Maaliki) said, "noboby relates the leaving of raising the hands from Maalik except ibn al-Qaasim. And that which we take is the raising of the hands as in the hadeeth of ibn Umar. And that is what Wahb and others narrate from Maalik. And at-Tirmidhee does not relate from Maalik other than (the saying of ibn al-Qaasim)" And al-Khattaabee transmitted, and al-Qurtobee followed him in {al-Mufham}, that the last of the two saying and the most authentic from him was this. And I have not seen the Maalikiyyah use an evidence for the leaving of raising hands except with the saying of ibn al-Qaasim' [End]

az-Zayla'i (Hanafi) said in {Nasb ar-Raayah} transmitting from {juz rafa' al-yadain} of al-Bukhaaree, 'and ibn al-Mubaarak used to raise his hands and he is the most knowledgable of the people of his time as far as is known. And ibn al-Mubaarak said, "I prayed beside Nu'maan and I raised my hands. So he said to me, 'I fear that you became confused,' so I said to him 'if I did not become confused at the first (raising) then I was not confused at the second.'" al-Wakee said, "may Allaah have mercy upon ibn al-Mubaarak, he used to have his answers ready."' [End]

His saying, 'AND HE PRAYED AND HE DID NOT RAISE HIS HANDS EXCEPT THE FIRST TIME'

Those who say that the raising of hands at the ruku' and at the rising from the ruku' is abrogated seek evidence from this hadeeth. But this hadeeth is da'eef as you will come to know. And their is not in this topic an authentic hadeeth.

His saying, 'AND THE LIKES OF THIS ARE RELATED FROM BARAA' BIN AAZIB'

He said, 'I saw the Messenger of Allaah when he started the prayer raise his hands to near his ears, then he did not repeat that.' Related by Abu Dawood and ad-Daaruqutnee and it is from the relation of Yazeed bin Abu Zaid from Abdur Rahmaan bin Abu Layla from him (i.e. Baraa'). And the Huffaadh (pl. of Haafidh) have agreed that his saying, "then he did not repeat that" is mudraj in the narration from the saying of Yazeed bin Abu Ziyaad. And it is related from Baraa' without the addition by Shu'ba and ath-Thawri and Khaalid at-Tahhaan and Zaheer and others from the huffaadh.

al-Humaidee said, 'this narration was narrated by Yazeed, and Yazeed added it'

And Uthmaan ad-Daarimee said from Imaam Ahmad, 'it is not authentic', and likewise al-Bukhaaree and Ahmad and Yahya ad-Daarimee and al-Humaidee declared it da'eef. And Yahya bin Muhammad Yahya said, 'I heard Ahmad bin Hanbal saying, "this hadeeth is flimsy, Yazeed used to narrrate this for a period of time without saying, 'and he did not repeat that', and when he had suggestions whispered to him, he mentioned it.' (check)

Likewise al-Haafidh said this in {at-Talkhees} pg.83. And he mentioned that ad-Daaruqutnee relates via the route of Alee bin Aasim from Muhammad bin Abdurrahmaan bin Abu Layla from Yazeed bin Abu Ziyaad, this hadeeth. Ibn Abee Aasim said,

'I went to Kufah and I met Yazeed bin Abu Ziyaad and he narrated to me this hadeeth but he did not mention "then he did not do that", so I said to him, "verily ibn Abu Layla narrates to me from you this hadeeth and in it is "then he did not repeat that", and he said, "I have not preserved this'"' [End]

His saying, 'THE HADEETH OF IBN MAS'UD IS A HASAN HADEETH'

It is related by Ahmad and Abu Dawood. And at-Tirmidhee declared it hasan and ibn Hazm declared it saheeh.

And ibn al-Mubaarak declared it da'eef and said, 'the hadeeth of ibn Mas'ud is not established.' as mentioned by at-Tirmidhee. And Abu Dawood said in his {sunan} pg.272 after relating this hadeeth, 'this hadeeth is a summary of a long hadeeth, it is not saheeh with this wording.' And Imaam Bukhaaree said in {juz rafa' al-yadain} after mentioning the hadeeth,

'Imaam Ahmad said, narrating from Yahya bin Adam who said, "I saw the hadeeth of Abdullaah bin Idrees from Aasim bin Kulaib, and there was not in it, 'then he did not repeat that', and this is more authentic as the book is more preserved according to the People Knowledge, because a man narrates something, then he consults the book and it is as it is in the book. al-Hasan bin Rabee' narrated to us from Idrees bin Aasim from Abdurrahmaan bin al-Aswad from 'Alqama that 'Abdullaah (ie ibn Mas'ud) said, "the Messenger of Allaah taught us the prayer" so he stood and made takbeer and raised his hands, the he made ruku' and put his hands together between his knees. And this reached Sa'd who said, 'my brother has spoken truthfully. But we used to do that in the beginning of Islaam, then we were commanded with this. (ie placing the hands on the knees in ruku')'" Imaam Bukhaaree said, and this is what is preserved according to the People of research into the hadeeth of ibn Mas'ud' [End]

al-Haafidh ibn Abdul Barr said in {at-Tamheed},

'as for the hadeeth of ibn Mas'ud, "shall I not pray with you the prayer of the Messenger " So he prayed and did not raise his hands except once. Then indeed Abu Dawood said, "this is a summary of a long hadeeth and it is not saheeh with this meaning". And al-Bazzar said also "that it is not established, and the likes of this is not depended upon." As for the hadeeth of ibn Umar mentioned in this chapter, then the hadeeth was said in Madeenah and is saheeh, having no narrators accused of anything. And the likes of this has been narrated from more than 12 companions.' [End]

al-Haafidh az-Zaylai said in {Nasb ar-Raayah},

'ibn Abee Haatim said in {kitaabul ilal}, "I asked my father about the hadeeth related from Sufyaan ath-Thawri from Aasim bin Kulaib from Abd ar-Rahmaan bin al-Aswad from Alqama from Abdullaah that the Prophet stood and made takbeer and raised his hands and then did not repeat that, and my father said, 'this is a mistake, and it is said the mistake is from ath-Thawri, for a group of people have narrated from Aasim and all of them have said, "that the Prophet stood in prayer, and he raised his hands, then he made ruku' and placed his hands together between his knees." And not one of them narrate what ath-Thawri relates.'' [End]

al-Haafidh ibn Hajr said in {at-Talkhees}, 'and this hadeeth is declared hasan by at-Tirmidhee and saheeh by ibn Hazm. And ibn al-Mubaarak said, "it is not established with me" and ibn Abee Haatim said from his father that "this hadeeth is a mistake". And Ahmad bin Hanbal and his shaikh Yahya bin Aadam said, "it is Da'eef", and al-Bukhaaree transmitted this from them and followed them in their verdict. And Abu Daowod said that "it is not authentic." And ad-Daaruqutnee said, "it is not established". And ibn Hibaan said in {as-Salaah}, "this is the best narration that the People of Kufah narrate with regards to negating raising the hands in prayer at the ruku' and at rising from it, and it is in reality the weakest thing to depend on, because it has defects that invalidate it"' [End]

So with all of this it is established that the hadeeth of ibn Mas'ud is not saheeh or hasan, rather it is da'eef and the likes of it is not used as proof. As for the declaring of it to be hasan by at-Tirmidhee then it is not to be depended upon when there is leniency (in his verdict). As for ibn Hazm declaring it saheeh, then what is obvious is that it is from the point of view of sanad, and from what is known is that the authenticity of the sanad does not necessitate the authenticity of the matn,(text) despite the fact the the declaring saheeh of ibn Hazm is not to be depended upon in the light of the weakening of it by these precise Huffaadh. So depending upon this weak hadeeth for leaving the raising of hands and it's abrogation except when starting (prayer) is not correct.

And if we concede and accept that the hadeeth of ibn Mas'ud is Saheeh or Hasan, then what is obvious is that ibn Mas'ud forgot about it, as he forgot about many matters.

al-Haafidh az-Zaylai said in {Nasb ar-Raayah}, transmitting from the author of {at-Tanqeeh} that,

'there is nothing strange in the forgetting of ibn Mas'ud, for ibn Mas'ud forgot from the Qur'an that which the muslims afterwards did not disagree upon, and that is the mu'awwadhatain (ie including them as part of the Qur'an), and he forgot about that which the scholars have agreed to as to it's abrogation, like placing hands together (between the knees in ruku'), and how to stand for the second rak'ah behind the Imaam, and he forgot about that which the scholars do not differ about that the Prophet prayed subh at it's time on the day of al-Nahr, and he forgot how the Prophet combined (prayers) on Arafah, and he forgot about that which the scholars do not differ about with regards to placing the elbow and the fore-arm on the floor, and he forgot how the Prophet used to recite, "wa maa khalaqadh dhakara wal unthaa", So if it is possible that ibn Mas'ud forgets the likes of these in prayer, then how is it not possible that he forgets the raising of the hands?' [End]

And if we accept that ibn Mas'ud did not forget this, then the ahaadeeth of raising the hands in three places takes precedence over the hadeeth of ibn Mas'ud, because it has been narrated by such a large number of Companions (RAA) until as-Suyuti said, 'the hadeeth of raising hands (at ruku') are mutawaatir from the Prophet ' as you have come to know in what has preceded.

And al-Aini said in {Sharhul Bukhaaree}, 'the conclusion of this topic of choosing the stronger opinion (is) that it is upon the number of narrations and the fame of the narrators Even if one of two narrations is narrated from one, and the other by two (narrations), then the one narrated by two takes precedence in action.' [End]

And al-Haafidh al-Haazinee said in {kitaabul I'tibaar}, 'and from what makes one hadeeth weightier than another, is the number of narrations of one of them.'

Then the hadeeth of ibn Mas'ud does not lend evidence to the abrogation of raising hands except at the beginning (of the prayer). Rather it lends evidence to it not being obligatory. Ibn Hazm said in his discussion of the hadeeth of Baraa bin Aazib mentioned previously, 'if it is authentic, it is evidence that he did that to explain it's permissibility, so there is no contradiction between it and the hadeeth of ibn Umar and others.' [End]

I say: and all of this is according to the limits of concession , and if not then the hadeeth of ibn Mas'ud is Da'eef and is not to be used as a proof as you have come to know.

His saying, "AND OF THIS OPINION WERE MORE THAN ONE OF THE PEOPLE OF KNOWLEDGE FROM THE COMPANIONS OF THE PROPHET '

That is what is narrated from Umar and Alee and ibn Umar, and the discussion on these narrations will come.

'AND IT IS THE SAYING OF SUFYAAN AND THE PEOPLE OF KUFAH'

And it is the saying of Abu Haneefah. The Hanafiyyah say, 'verily it (the hadeeth of ibn Umar) is abrogated by the hadeeth of ibn Mas'ud and al-Baraa' and we have come to know that they are weak and cannot be used to establish a proof.

And they seek evidence with the narration of Umar (RA) related by at-Tahaawee and Abu Bakr ibn Abee Shaybah from al-Aswad who said, 'I saw Umar bin al-Khattaab raise his hands in the first takbeer then he did not repeat that.'

I say: this (narration) with this wording is not preserved. Ibn Hajr said in {ad-Diraayah},

'al-Bayhaqi said from al-Haakim, "it is related by al-Hasan bin Ayaash from Abdul Maalik bin Abjar from az-Zubair bin Adee with the wording, 'he used to raise his hands with the first takbeer and then he did not repeat that' and ath-Thawri relates from az-Zubair bin Adee with the wording, 'he used to raise his hands with the takbeer' without (the addition) 'then he did not repeat that'. And ath-Thawri relates this and it is preserved."' [End]

Then this narration contradicts the narration of Tawoos from ibn Umar "that Umar used to raise his hands in ruku' and when rising from it". az-Zaylai said in {Nasb ar-Raayah}, 'and al-Haakin objects to this hadeeth as shaadh, and proof cannot be established using it, and it cannot used to contradict the authentic narration from Tawoos bin Kaisaan from ibn Umar that Umar used to raise his hands at ruku' and when rising from it.'

I say: and for the narration of Tawoos is a da'eef witness. az-Zaylai said in {Nasb ar-Raayah}

'al-Bayhaqi narrates from Rishdeen bin Sa'd from Muhammad bin Sahm from Sa'eed bin al-Musayyib who said, I saw Umar bin al-Khattaab raising his hands to the level of his shoulders when he started prayer and when he made ruku' and when he raised his head from it.' [End]

Addition: an-Naimaawee thinks that the addition of his saying, "that Umar" after his saying "from ibn Umar" in {Nasb ar-Raayah} is negligence (on the part of az-Zaylai), and is not correct. He said, 'and what is correct is this: from Tawoos bin Kaisaan from ibn Umar 'who used to raise his hands' (i.e with the words "that Umar" omitted). And al-Haafidh said in {ad-Diraayah} summarising what is contained in {Nasb ar-Raayah}, "and it is contradicted by the narration of Tawoos from ibn Umar that he used to raise his hands at the takbeer in ruku' and rising from it." And ibn al-Hammaam said in {Fathul Qadeer}, "and Haakim considered that it contradicted the narration of Tawoos bin Kaisaan from ibn Umar (RA) that he used to raise his hands etc." And so it is established with these sayings that al-Haakim contradicts it with the narration of ibn Umar not Umar bin al-Khattaab.' [End]

I say: the claim of negligence over the additional saying, "that Umar" is completely rejected. And how could it be so when al-Haakim rule that the narration of Umar via the route of al-Aswad who said, 'I saw Umar bin al-Khattaab raise his hands at the first takbeer then he did not repeat that' to be Shaadh due to the relation of Tawoos from ibn Umar that Umar (RA) used to raise his hands at ruku' and when rising from it. And this is a clear evidence that the saying in the narration of Tawoos, "that Umar" is authentically established. For the narration is not given the ruling of shaadh by the use of another companion. As for the saying of al-Haafidh (ibn Hajr) ib {ad-Diraayah}, 'and it contradicts the narration of Tawoos from ibn Umar that he used to raise his hands etc' then al-Haafidh omitted the words, "that Umar" as a summary. And the personal pronoun in "he used to" refers back to Umar and likewise ibn al-Hammaam does this in {Fathul Qadeer}. And the likes of this omission is well known, when summarising and depending upon a previous narration.

And they seek evidence also with the narration of Alee (RA) related by at-Tahaawee and ibn Abee Shaybah and al-Bayhaqi from Aasim bin Kulaib from his father that Alee 'used to raise his hands at the fist takbeer of prayer and then he did not raise them again'. az-Zaylai said, 'it is a saheeh narration' and al-Ainee said in {Umdatul Qaree}, 'the sanad is saheeh according to the conditions of Muslim'.

I say: this narration from Alee is not saheeh, even if az-Zaylai said 'it is saheeh' and al-Ainee said, 'it is saheeh according to the conditions of Muslim'. Imaam Bukhaaree said in {juz rafa' al-yadain},

'Abdur Rahmaan bin Mahdee said, "I mentioned the hadeeth of an-Nahshilee from Aasim bin Kulaib to ath-Thawri and he rejected it"' [End]

I say: and al-Aasim bin Kulaib is alone in reporting this narration. adh-Dhahabee said in {al-Meezaan}, 'he was from the servants and Awliyaah, but he was a Murji, Yahya bin Ma'een declared him trustworthy and (likewise) others. Ibn al-Madinee said, "he is not relied upon in what he is alone in reporting"'

And if we were to accept that this narration is authentic, then it is not an evidence to support abrogation (of raising hands at ruku) as at-Tahaawee and others think. The author of {at-Ta'leeq al-Mumjad} (ie al-Luknawee) from the Hanafee scholars said,

'at-Tahaawee mentioned after this narration from Alee, "Alee did not see the Prophet raise his hands and then leave acting on it, except that abrogation was established with him" And in this is a problem, for it is possible that the leaving of Alee, and likewise ibn Mas'ud and other Companions, if it is established from them, is because they did not see it to be a stressed sunnah, necessitating acting by it. And he did not confine the hadeeth to abrogation, no rather Alee would not be content with abrogating an established command of the Prophet (and this) purely from good opinion of the Companions, alongside the fact that the possibility exists of reconciling the action of the Messenger with the action of Alee.' [End]

And they seek evidence as well with the narration of ibn Umar, related by at-Tahaawee and Abu Bakr ibn Abee Shaybah and al-Bayhaqee in {al-Ma'rifah} from Mujahid who said, "I prayed behind ibn Umar and he did not use to raise his hands except at the first takbeer of the salaah" I say: the hadeeth of ibn Umar is weak from a number of perspectives,

Firstly: in it's sanad is Abu Bakr bin Ayaash and he got confused in his memorisation at the end of his life.

Secondly: that it is shaadh for Mujaahid contradicts all of the companions of ibn Umar and they are trustworthy huffaadh.

Thirdly: the Imaam of this matter, Yahya bin Ma'een said, "the hadeeth of Abu Bakr bin Husain (ie this one) is a vain fancy of his, and it has no basis."

And Imaam Bukhaaree said in {juz rafa' al-yadain}, "and it is related from Abu Bakr bin Ayaash from Husain from Mujahid that he did not see ibn Umar raise his hands except at the first takbeer. And it is related from the people of Knowledge that it is not preserved from ibn Umar except as negligence. Do you not see that ibn Umar used to throw pebbles at the one who did not raise his hands (at ruku') in prayer? So how could ibn Umar leave something that he commanded others to do and he saw the Prophet doing? Imaam Bukhaaree said, Yahya bin Ma'een said, 'the hadeeth of Abu Bakr from Husain is a vain fancy of his having no basis."

And Imaam al-Bayhaqi said in {al-Ma'rifah},

'this hadeeth of Abu Bakr bin Ayash was related to us from Abu Abdullaah al-Haafidh, [and he mentioned it with this sanad. Then he narrated] from Bukhaaree that he said, "Abu Bakr bin Ayaash got confused at the end of his life," and the narration is related from Rabee', al-Laith, Tawoos, Saalim, Abu Zubair, Muhaarib bin Dithaar, and others saying, "we saw ibn Umar raise his hands when he made takbeer (for ruku) and when he raised (his head from ruku)." And it is related from Abu Bakr from Husain from Ibraaheem from ibn Mas'ud of old as a mursal mawqoof narration, "that ibn Mas'ud used to raise his hands when he started prayer, and then he did not raise them afterwards." And this is what is preserved from Abu Bakr bin Ayaash, and the first is a bad error due to it contradicting the trustworthy narrations from ibn Umar. al-Haakim said,"Abu Bakr bin Ayaash used to be from the fixed memorisers, then he got confused when his memorisation went bad, and he related that which had contradictions in it." So how is the claim of abrogating the hadeeth of ibn Umar permissible with the likes of this weak hadeeth, or that we say that 'he left it one time to show it's permissiblity as he did not say it was obligatory, for his action is evidence that it is sunnah, and his leaving it is evidence that it is not obligatory.'?' [End, as is found in {Nasb ar-Raayah}]

al-Haafidh ibn Hajr said in {Fathul Baaree},

'and as for the Hanafiyyah then they rely upon the narration of Mujaahid that he prayed behind ibn Umar and he did not see him raise his hands (before and after ruku). And they (ie scholars of hadeeth) replied by defaming it's isnaad, for it's narrator is Abu Bakr bin Ayaash and his memorisation went bad at the end of his life. And if it is authentic than the action (of raising) is established from Saalim, Naafi and others, and the larger number take precedence over the one, especially that their (narration) is affirmatory and his negatory. And that a reconciliation is possible, and that is that ibn Umar did not consider it obligatory. So he did it sometimes and left it at other times' [End]

al-Faadil al-Luknawee said in his ta'leeq upon al-Muwatta of Muhammad, 'it is well known in the books of Usul of our companions (i.e. Hanafees), "that Mujaahid said, 'I accompanied ibn Umar for ten years and I did not see him raise his hands except once.'" They said, "and ibn Umar relates the raising of hands (at ruku) from the Messenger and he himself left it. And a Companion who narrates a hadeeth, then he leaves what is narrated (which is) clear in meaning and it is not possible to explain it, then you leave depending upon what is narrated." And at-Tahaawee relates from the hadeeth of Abu Bakr bin Ayaash from Husain from Mujahid that he said, "I prayed behind ibn Umar and he did not use to raise his hands except at the first takbeer of prayer." Then he said, "so this was ibn Umar who saw the Prophet raise his hands, then he left that same raising after the Prophet and he did not do that except that abrogation was established with him." And here arises some points of discussion:

First: investigating the isnaad of what they transmit from Mujaahid that he accompanied ibn Umar for ten years and did not see him raise his hands except at the first takbeer.

Second: it's contradicting the narration of Tawoos and other trustworthy narrators that they saw ibn Umar raise his hands (at ruku).

Third: That in the route of at-Tahaawee is Abu Bakr bin Ayaash and he has been spoken about, and his narration is not comparable/equal to the narrations of other than him from the trustworthy narrators. al-Bayhaqi said in {Kitaabul Ma'rifah} after relating the hadeeth of Mujaahid via the route of ibn Ayaash, "Bukhaaree said, 'Abu Bakr bin Ayaash got confused at the end of his life .....'"[mentioning what we narrated earlier. Then Luknawee said] And if you say, taking the explanation of the meaning of the narration to be, "that it is possible/permissible that ibn Umar did what Tawoos saw before the proof was established of abrogation, then when the proof of abrogation was established he left it and did what Mujahid mentioned". I say (in reply): evidence (of abrogation) cannot be established upon this. For it is possible to contradict the sayer and say, "it is possible that ibn Umar used to do what Mujaahid saw before the evidence was established about the necessity of raising the hands. Then when the necessity was established with him he raised (them as narrated by Tawoos)." On top of this taking the opinion of abrogation is taking something without evidence, so do not listen. So if a person were to say, "the evidence (for abrogation) is the narrator contradicts what he narrates", we would say, "this does not necessitate abrogation as has been discussed."

Fourth: and this is better, that we accept that the leaving of (raising hands at ruku) is established from ibn Umar, but it is possible that his leaving be to explain it's permissibility, or the absence of his seeing the raising of hands as being a necessary sunnah. And this does not belittle the establishment of raising hands from him and from the Messenger of Allaah .

Fifthly: that the leaving of a narrator of what he narrates according to the Hanafiyyah is to be left as proof when what contradicts it is certain, as is clear in their books. And this is not the case here. Due to the possiblity that the raising (of hands) which is established from the Messenger , was conveyed by ibn Umar with resolve, and he left it sometimes to show it's permission. So his leaving it is not his contradicting what he narrates upon certainty.' [End]

Addition: and the writer of {al-Arf ash-Shadhee} said, 'and for us is what at-Tahaawee narrates with a strong sanad from ibn Abee Ziyaad from Ahmad bin Yunus from Abu Bakr bin Ayaash who said, "I have not seen a single faqeeh raise his hands except at the first takbeer"' [End]

I say: maybe this saying of Abu Bakr bin Ayaash was after his memorisation going bad and his confusion. And how (could it be so) when the writer of {al-Arf ash-Shadhee} knew that the raising of hands is established as a mutawaatir action, which is not possible to reject. And Imaam Muhammad bin Nasr said, "the scholars of the lands have agreed to the legislation of this except the people of Kufah" as you have come to know.

And he (ie above mentioned author) said, 'and for us is another hadeeth from ibn Umar that he did not raise his hands except one time, as in {Khilaafiyaah} of al-Bayhaqi, and az-Zaylai transmitted it in his takhreej and al-Haakim said, "it is maudu and I have not come across the beginning of it's isnaad."....and maybe it's isnaad is strong." [End]

I say: this hadeeth of ibn Umar is baatil and maudu'. az-Zaylai said in {Nasb ar-Raayah} after transmitting this hadeeth from {Khilaafiyaah} of al-Bayhaqi,

'al-Bayhaqi said, "al-Haakim said, 'this hadeeth is baatil and maudu. It is not permissible to mention it except by way of censure.'"' [End]

al-Haafidh said in {ad-Diraayah},

'and al-Bayhaqi narrates also via the route of az-Zuhree from Saalim from his father the likes of it and it is transmitted from al-Haakim that it is maudu and it is as he said.'

So may Allaah guide those Muqallideen who leave the authentic, agreed upon, hadeeth of ibn Umar and stick to his hadeeth which al-Haakim ruled to be maudu and especially this muqallid, who without investigating the beginning of the isnaad of this hadeeth, and with his knowledge that al-Haakim ruled it to be maudu, hopes that it's isnaad is strong and sticks to it.

He (ie the author) said, 'and we have another hadeeth, which is mursal from 'Abbaad bin Abdullaah bin Zubair, and 'Abbaad is a taabi'ee, he said, "the Prophet did not raise his hands except in the first takbeer". And al-Haafidh came across it's isnaad in {ad-Diraayah} and he said, "so look into it's isnaad". And verily I looked into the isnaad and it became clear that their occurs negligence from the author of {Nasb ar-Raayah}, for he wrote Muhammad bin Yahya and he is not well-known. And the truth is that he is Muhammad bin Abu Yahya and he is trustworthy. So the sanad ends up as being saheeh.' [End]

I say: al-Haafidh did not say in {ad-Diraayah}, "so look into it's isnaad", rather he said, "and this is mursal, and in it's isnaad also is someone who should be looked into." And al-Haafidh spoke about this hadeeth from two perspectives: Firstly, that it is mursal, and the mursal hadeeth according to the strongest opinion is not a proof. And secondly, that in it's isnaad is one who should be looked into, so every one who claims this isnaad to be authentic then it is upon him that he establishes the condition of every man in it's sanad to be trustworthy, acceptable to be relied upon, and that it is linked.

And as for the claim of negligence on the part of the author (az-Zaylai) over Muhammad Abu Yahya, and after that accepting the authenticity of the narration, then it does not necessitate the authenticity of the sanad of the hadeeth, for in it is one whose state is not known in the books of Rijaal.

And they seek evidence also from the hadeeth of Jaabir bin Samurah who said,"I went out with the Messenger of Allaah and he said, 'what is the matter that I see you raise/move your hands as if they were the tails of headstrong horses. Be calm in your prayer." (Muslim)

And the answer is, that there is not in it an evidence for forbidding raising of the hands at specific places in the prayer and at specific times, and that is at the ruku and rising from it. Because it is a summary of a long hadeeth, and the clarification of that is that Muslim also narrates from Jaabir bin Samurah who said, "when we said prayer with the Messenger of Allaah we said the tasleem and gestured with our hands on both sides. Upon this the Messenger said, 'why do I see you moving your hands as if they were tails of headstrong horses. It is enough for you that one should place ones hand on ones thigh and then pronounce tasleem to the brother on ones right and left'", and in a narration, "when one of you says the tasleem then he should only turn his face towards his companion and not gesture with his hands."

And ibn Hibbaan said,

'mentioning the (full) narration is necessary to explain the previously mentioned summarised narration because the people were commanded with tranquility in prayer at the point of indicating at the tasleem, not the raising which is established at ruku.' Then he narrates the likes of what Muslim narrates.

al-Bukhaaree said,

'the one who depends upon the hadeeth of Jaabir bin Samurah for forbidding the raising of hands at ruku, then there is not for him a portion of knowledge, for this is well-known, having no difference of opinion over it that it was in the state of tashahhud' [as quoted in {Talkhees }]

az-Zaylai said in {Nasb ar-Raayah}, after mentioning the hadeeth of Jaabir bin Samurah summarised,

'and Imaam Bukhaaree objects (to this claim) in his book which he wrote about raising of hands, "as for the depending of some people who have no knowledge of the hadeeth of Tameem bin Tarfu from Jaabir bin Samurah [and he mentioned the summarised hadeeth, then the full version]....and if it were as they believe, then the raising of hands in the Eed prayer would also be forbidden, because the hadeeth does not specify one raising from another, but it is general."' [End]

az-Zaylai then said,

'and (it is possible) for the sayer to say: "that the ahaadeeth do not explain one another, as there occurs in the wording of one hadeeth, 'be calm in prayer', and the one who raises his hands at tasleem, it is not said to him, "be calm IN prayer", but it is said to the one who raises his hands at specific places in prayer, and that is in the state of ruku and sujood and the likes of this. This is what is obvious, and the narrator relates the first hadeeth at a time as he bears witness to, and narrates the second hadeeth at another time (in) prayer as he bears witness to. And their is no farfetchedness in that.' [End]

I say: az-Zaylai does not reply to the saying of al-Bukhaaree, "if it were as they believe, then the raising of hands in the takbeers of Eed would also be forbidden", so the reply he gives to this is the reply we give to raising of hands before and after ruku.

As for his saying, "the one who raises his hands at tasleem is not said to him, 'be calm in prayer'" then that is forbidden, rather the one who raises his hands before completing and turning away from the prayer is in the prayer, even if it is at the time of the first or second tasleem, it is said to him, "be calm in prayer". Do you not see that Abdullaah bin Zubair saw a man raising his hands to make du'a before he left the prayer, so when he completed the prayer he said, "the Messenger of Allaah (SAW) did not raise his hands until he had completed his prayer" related by at-Tabaraanee and it's narrators are trustworthy. So think on this.