Fiqh

19.0 CHAPTER: SUJUD OF FORGETFULNESS

It is prescribed for adding or omitting acts and for doubt. It is not prescribed for willful omission. It is applicable both in obligatory and optional prayers.

“Sujud of forgetfulness”: This is the sujud done in expiation for forgetting a deed in the prayer.

“It is prescribed for adding or omitting acts and for doubt”: “Sahwu” means to forget or being absent-minded. In prayer, it refers to forgetfulness by adding or omitting an act and being doubtful as to whether an act was completed or not. Hence an expiation exists in the form of sujud al-sahwu.

Allah makes mention of people forgetting prayer itself. He says: {So woe to those who pray. [But] who are heedless of their prayer.}(Al-Ma’un: 4-5) And “sahwu” of prayer can also refer to its neglect. Allah says: {But there came after them successors who neglected prayer and pursued desires.}(Maryam: 59) Neglect here al­ludes to a prayer performed haphazardly and that is imperfect. For example, if one delays his prayer until its specific time lapses, he leaves off congregational prayer without a valid excuse or prays it hurriedly.

A warning comes regarding this, to those who are not careful in their prayer, even if they perform the prayer. Allah says: {So woe to those who pray.}(Al-Ma’un: 4) Al­lah refers to them as “those who pray.” However, they do not give the prayer its due attention and are not observant o f the conditions and requisites. They do so at will and as they desire. Hence, Allah warns them in this ayah with woe. This is due to their lackadaisical approach towards the prayer and their mockery o f it. Surely they deserve the admonishment.

Forgetfulness whilst performing prayers may not be attributed to man as it is not done on purpose or by choice. In fact it happened to the Prophet(pbuh) several times. On one occasion when he forgot, he said, “Verily I am also human, I forget as you all forget.” (Reported by al-Bukhari (1/110, 111), Muslim (2/84) from the narration of Abdullah ibn Mas’ud.)

There is wisdom behind his forgetfulness in prayer, though he is the most complete and perfect creation in fearing Allah. It served to educate us re­garding the remedial actions to take in the event that we forget a deed during prayer. The purpose of sujud al-sahwu is to fulfil the deficiencies in the prayer which result due to one’s forgetfulness. However, if there was no shortcoming, then it serves to humiliate Shaytan for indeed it is he who causes forgetfulness in prayer.(Reported by Muslim (2/84) from the narration of Sa’id al-Khudri who said, “The Messen­ger of Allah(pbuh) said, ‘When any one of you is in doubt about his prayer and he does not know how much he has praved, three or four (rak’ahs). He should cast aside his doubt and base his prayer on what he is sure of, then perform two prostrations before giving salutations. If he has prayed five rak’ahs, they will make his prayer an even number for him , and if he has prayed ex­actly four, they will be humiliation for the devil.’”)

“It is not prescribed for wilful omission”: Sujud al-sahwu is not meant as an expiation for wilful omission or addition in prayer. Any wilful blemish or distortion will immediately invalidate the prayer as we shall soon discuss. There are various deeds that the Prophet(pbuh) forgot in his prayer: he prayed only two rakat while performing a prayer that consisted of four, (Reported by al-Bukhari (1/129,183), (2/86) and Muslim (2/86) from the narration of Abu Hurairah.) he stood up after the second rakat without sitting for the first tashahhud,(Reported by Ahmad (4/247,253), al-Tirmidhi (365) from the narration of al-Mughirah.) he prayed five rakat for a prayer.(Reported by al-Bukhari (1/111), (2/85), (9/108) and Muslim (2/85) from the narration of Abdullah ibn Mas’ud.) The Prophet(pbuh) explained to his Ummah what remedial actions to take for each scenario.

“It is applicable both in obligatory and optional prayers”: The Prophet per­formed sujud al-sahwu in the obligatory prayers. In extension, it also applies to optional {nafl) prayers for both these prayers are not mutually exclusive. Furthermore, the Prophet(pbuh) did not distinguish between these prayers when he said, “If one of you forgets in his prayer, let him make sujud twice.”(Reported by al-Tirmidhi (398) from the narration of Abdul Rahman ibn Awf.)

A wilful additional act done during the prayer, provided that this act be­longs to the prayer, like standing, sitting, bowing or prostrating will render the prayer null and void. If it is due to forgetfulness, he has to perform sujud al-sahwu to expiate it.

Reasons for sujud al-sahwu:

An additional act in prayer. This can be divided into two categories: (i) physical or (ii) verbal acts.

Physical acts can be further divided into acts that belong in the prayer such as standing, bowing and prostrating and acts that do not belong in the prayer. Examples are unknowingly or forgetfully speaking while in prayer, eating, drinking or walking while praying as long as they are done absent-mindedly.

Verbal additional acts are of two types: (i) additional acts condoned in prayer and (ii) those which are not condoned in prayer.

When one performs something surplus from the physical acts belonging to the prayer e.g. if he sits at a time when he should have stood, or vice versa, or if he made sujud more than twice or he made an additional ruku’, then his prayer is still valid if these were done in forgetfulness. He has to just perform the sujud as a form of expiation.

If he adds a rakat and does not notice until after the prayer, he should make sujud. If he realises it while still praying, he should sit for the final tashahud if he hasn’t already read it, make sujud al-sahwu and then make the taslim. If two trustworthy people make tasbih and the imam, though not confident of himself, proceeds with the prayer, it becomes invalid for him and those ma’m um who followed him if they were aware o f the error. This however does not apply to those who did so absent-mindedly, in forgetfulness or he who ostracised himself from the imam.

“If he adds a rakat and does not notice until after the prayer, he should make sujud. If he realises it while still praying, he should sit for the final tashahud if he hasn’t already read it, make sujud al-sahwu and then make the taslim If he prayed fajr for example and he stood up for the third rakat or he performed an extra rakat in one o f the obligatory prayers, he must leave off doing it and return to the sitting position if he remembers while doing the additional act. He then expiates this mistake by performing the sujud al-sahwu. If he realises only after completing the additional act, for example if he prayed the fifth rakat and sat for tashahud or already made taslim, then he should perform sujud al-sahwu and this is sufficient.

However, if he persists in completing the extra act, whilst being aware of it and having knowledge of the rules o f prayer, his prayer is invalid. This is due to wilfully including an additional act and in the process, distorting the prayer.

“If two trustworthy people make tasbih and the imam, though not confident of himself, proceeds with the prayer, it becomes invalid for him and those ma’mum who followed him if they were aware o f the error. This however does not apply to those who did so absent-mindedly, in forgetfulness or he who ostracised himself from the imam”. The ma’m um are duty bound to alert the imam if he forgets. They should not keep quiet and ignore it. Men should alert him by saying, “subhanallah” and woman should slap the palm on the outside of the other hand.

If the imam hears the tasbih from the men or the women’s clapping, he should realise that he has stood up for an extra rak’ah. He should immediately return to the sitting position provided that he is not confident of himself. This is because their alert could probably be right. However, if he is confident that nothing is amiss, then he should not respond to their alert and proceed with the prayer. Confidence stems from confirmation and since this supersedes the probability (the alert from the ma’mum), he should not return to the sitting position.

If he is oblivious to the fact that he prayed an extra rak’ah, then he is pardoned and his prayer is valid. However, he should make sujud al-sahwu when he realizes it. This ignorance may be due to being oblivious as mentioned or it could be due to a lack of knowledge regarding the rules of prayer. Both these excuses are valid as is the prayer. However, sujud al-sahwu should be done as expiation.

The ma’mum who is unaware that an additional rakat is being performed should follow the imam. If he is aware of the imam’s error but follows him assuming that this is the correct ruling, then he is also pardoned and his prayer is valid.

However, if the ma’mum knows that he is praying an extra rakat and has knowl­edge of Islamic law, then his prayer is nullified. He should have remained in the sitting position and not followed the imam in the extra rakat he prayed. He should recite the tashahud in the sitting position and either make taslim on his own or wait for the imam to conclude the prayer and make taslim after him.

If an act not belonging in the prayer is done excessively whilst one is pray­ing, this will lead to the prayer being nullified; regardless whether it is done wilfully or in a state o f forgetfulness. A minimal level of performance of this act does not require sujud [as expiation].

“If an act not belonging in the prayer is done excessively whilst one is praying, this will lead to the prayer being nullified; regardless whether it is done wil­fully or in a state of forgetfulness. A minimal level of performance of this act does not require sujud [as expiation]”: This is the second type of addition: the physical acts that do not belong in prayer e.g. walking, giving or taking some­thing. This is permissible in prayer only if the movement is minimal. It does not tarnish the prayer and sujud al-sahwu is not required.

However, if these acts are far more excessive than societal norms, prolonged and done without there being a necessity, the prayer becomes invalid. This is because it completely alters the form of the prayer. The only provision for such acts or movements is if there is a dire need for it during the prayer. The Prophet(pbuh) used to move forward and backward while he prayed.(Reported by al-Bukhari (2/82) and Muslim (3/28) from the narration of Aishah who said, “Once the sun eclipsed and Allah’s Messenger(pbuh) stood up for the prayer and recited a very long surah, then bowed for a long while and then raised his head and started reciting another surah. Then he bowed, and after finishing, he prostrated and did the same in the second rakat and then said, ‘These (lunar and solar eclipses) are two o f the signs of Allah and if you see them , pray till the eclipse is over. No doubt, while standing at this place I saw everything promised to me by Allah and I saw (Paradise) and I wanted to pluck a bunch (of grapes) therefrom, at the time when you saw me stepping forward. No doubt, I saw Hell with its different parts destroying each other when you saw me retreating and in it I saw Amr bin Luhai who started the tradition of freeing animals (set them free) in the name of idols.’”  Reported by A hm ad (6 ,3 1 ,1 8 3 ,2 3 4 ) and Abu Dawud (922) from the narration of ‘Aishah who said, “I went to the Prophet’s house while he was praying and the door was locked. He(pbuh) walked towards it and opened it for me and returned to his position.” She described that the door was in the direction o f the qiblah..) He(pbuh) moved up and down to teach his Companions.(Reported by al-Bukhari (1/105-106), (2/11) and Muslim (2/74) from the narration of Sahl ibn S’ad.) This movement is for a need. When a snake or scorpion appeared while he was praying, he would move to kill it (Reported by A hm ad (2/233, 248, 255, 473, 475 and 490) and A bu Dawud (921), al-Tir­midhi (390), al-Nasa’i (3/10) and Ibn Majah (1245) from the narration of Abu Hurairah that the Prophet ordered the killing of the two black things during the prayer: the scorpion and the snake.) and continue with his prayer.

Thus far we have explained that acts that nullify prayer consist of the following properties: (i) The act does not belong in prayer, (ii) the act is excessive in com­parison to societal norms, (iii) the act is prolonged, (iv) the act is done without a pressing need for it.

Forgetfully or unconsciously eating or drinking while praying will not invalidate the prayer provided that the amount is little. Drinking a small amount on purpose whilst praying an optional prayer does not invalidate it.

“Forgetfully or unconsciously eating or drinking while praying will not inval­idate the prayer provided that the amount is little”: The amount that is eaten or drunk should be little. Another condition would be that it is done in a state of forgetfulness and he is unaware of his action. If done wilfully during an obligatory prayer, it is nullified regardless of the amount consumed as it is an action separate from the actions of the prayer.

“Drinking a small amount on purpose whilst praying an optional prayer does not invalidate it”: As for nafl (optional prayers), drinking a little amount is allowed. It was done by some Companions of the Prophet(pbuh) because their nafl prayers were often prolonged. Eating on purpose however nullifies all prayers.

And if he says something prescribed in the Shariah at an inappropriate place such as reciting the Qur’an in prostration or in the sitting between the prostrations, reading tashahud while standing or reading a surah in the last two rak’ah , this will not nullify the prayer. It is not mandatory to make sujud al-sahwu but it is recommended. If he makes taslim on purpose before the prayer is concluded, then his prayer is invalid.

Additional verbal acts in prayer are of two types: (i) Words that belong in the prayer, (ii) Words that do not belong in the prayer. Rulings will follow for both of these.

“And if he says something prescribed in the Shariah at an inappropriate place”: When said absent-mindedly.

“Such as reciting the Qur’an in prostration or in the sitting between the prostrations”: Or reciting in ruku. The position for Qur’an recitation is whilst standing in qiyam.

“Reading tashahud while standing or reading a surah in the last two rak’ah”: Such as reading another surah after Surah al-Fatihah during the second half of the zuhr, ‘asr, ‘isha prayers or the third rakat o f maghrib for example. This is done in an inappropriate position.

“This will not nullify the prayer. It is not mandatory to make sujud al-sahwu but it is recommended”: It is only recommended that he make sujud al-sahwu.

“If he makes taslim on purpose before the prayer is concluded, then his prayer is invalid”: This is because the taslim signifies the conclusion of the prayer and if one does so wilfully while still praying, he has left the prayer while it is incomplete.

If he made taslim forgetfully and remembers soon after, he should conclude the prayer and make sujud al-sahwu. However, if there is a big time gap or he spoke about something other than the issue of prayers, then the prayer he performed is invalid just as his speech in the midst of prayer invalidates it. If he speaks on the topic of the prayer and is circumspect, then his prayer is valid. Laughter is similar to speech.

“If he made taslim forgetfully and remembers soon after, he should conclude the prayer and make sujud al-sahwu”:  If his taslim was made before the conclu­sion of prayer forgetfully, he should proceed to finish his prayer if he realises his error soon after. He makes sujud al-sahwu as expiation and his prayer is valid. The Prophet(pbuh) did likewise.(Reported by al-Bukhari (1/129, 183) and Muslim (2/86) from the narration of Abu Hurairah.) If he only realises after a long time-gap or if his ablution became invalid and he talks about other than matters related to the prayer, then he must repeat his prayer for these reasons:

Firstly: Due to the long time-gap. The Prophet(pbuh) realised his error after only a brief period of time.

Secondly: Due to the ablution being invalid. It is far-fetched to resume and complete a prayer when the ablution meant for it is invalid.

Thirdly: Due to talking about other than the matters related to the prayer. In the incident which serves as the precedent, the Prophet(pbuh) only spoke about issues pertaining to that prayer.

“Just as his speech in the midst of prayer invalidates it”: I.e. uttering words that do not belong in the prayer as Allah says: {Stand before Allah, devoutly obe­dient.} (Al-Baqarah: 238) We have been commanded to be silent during prayer. The Prophet(pbuh) said, “Verily it is not befitting that people speak in this prayer.”(Reported by Muslim (2/70-71), Ahmad (5/447, 448), Abu Dawud (930) and al-Nasa’i (3/14-17) from the narration of Mu’awiyah ibn al-Hakim al-Salami.)

“If he speaks on the topic of the prayer and is circumspect, then his prayer is valid”: The conditions that permit speech after having erroneously concluded an incomplete prayer is explained here. Firstly, the speech should pertain to the prayer itself, similar to the incident from the hadith where the Prophet(pbuh) and his Companions only spoke regarding his forgetfulness in the prayer. Secondly, it should be circumspect just like the brief exchange between the Prophet(pbuh) and his Companions.

“Laughter is similar to speech”: Laughter nullifies the prayer just like speech. Laughter is defined as a laugh that comprises at least two harfs (letters or syllables).

If he blows or wails but not due to the fear of Allah, the Most High, or if he hems (making an exaggerated noise from the throat) without a need, the prayer is nullified if at least two harfs are articulated.

“If he blows”: Doing so without a proper reason or need will nullify his prayer. This is because there is a possibility that a word might be articulated when one blows or wails.

“Or wails but not due to the fear of Allah, the Most High”: Crying loudly due to approaching death or as a result of a calamity befalling him nullifies the prayer. It is classified as a form of speech that does not belong in the prayer. If he cries aloud due to the fear of Allah, his prayer is not nullified. The Prophet(pbuh) himself used to cry in his prayer so much so that a sound would emanate from his chest that sounded like the wheezing of a kettle.(Reported by Ahmad (4/25,26), Abu Dawud (904) and al-Nasa’i (3/13) from the narration of ‘Abdullah ibn al-Shakir.)
“Or if he hems (making an exaggerated noise from the throat) without a need, the prayer is nullified if at least two harfs are articulated”: This nullifies the prayer as it a kind o f speech. If there is a need for example, if someone request­ed permission to enter the room while he is praying, then it is permissible. The Prophet(pbuh) did this when ‘Ali ibn Abi Talib requested his permission to enter while he was praying.(Reported by Ahmad (1/80), al-Nasai (3/12) and Ibn Majah (3708) from the narration of Ali.)

By Shaykh Salih ibn Fawzan al-Fawzan

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