sun, so he waited until the sun set and then prayed. And from Ka'b—I believe him to be the son of Ujrah—it is narrated that he slept until the edge of the sun rose, so he woke him up. When the sun had ascended, he said to him: "Pray now." Our argument is the statement of the Prophet, may Allah bless him and grant him peace: "Whoever sleeps through a prayer or forgets it, let him pray it when he remembers it." Recorded by al-Bukhari and Muslim (2). And in the hadith of Abu Qatadah: "Negligence is not in sleep, but negligence is in wakefulness for one who does not pray the prayer until the time of the next comes. So whoever does that, let him pray it when he becomes aware of it." [Recorded by Muslim] (3). The report regarding the prohibition is specifically applied to making up prayers in the other two times and the Asr of that day, so we compare the matter in dispute with that which is specifically identified; their analogy is also invalidated by this, and the hadith of Abu Qatadah indicates the permissibility of delaying, not the prohibition of performing it.

Section: If the sun rises while one is in the morning (Subh) prayer, one shall complete it. The scholars of opinion (Ashab al-Ra'y) said: It is void, because it occurred during a time of prohibition. Our argument is what was narrated by Abu Hurayrah, from the Prophet, may Allah bless him and grant him peace, that he said: "If one of you catches a prostration (sajdah) of the Asr prayer before the sun sets, let him complete his prayer; and if he catches a prostration of the morning (Subh) prayer before the sun rises, let him complete his prayer." Agreed upon (4). This is an explicit textual ruling (nass) on the issue, which takes precedence over the generality of other evidences.

Section: It is permissible to perform a vowed (mandhurah) prayer during a time of prohibition, regardless of whether the vow was absolute or restricted by time. Abu Hanifah said: It is not permissible, and an analogous ruling is derived for us based on the fast of the obligatory during the days of Tashriq. Our argument is that it is an obligatory prayer, thus it resembles missed obligatory prayers and the funeral prayer, and he has agreed with us (5) regarding what has passed after the Asr prayer and the morning prayer.

233 - Issue: He said: "And one bows for the circumambulation (Tawaf)."

He means during the times of prohibition. Among those who performed circumambulation after the morning and Asr prayers and prayed two rak'ahs were Ibn Umar, Ibn al-Zubayr, Ata', and Tawus. Ibn Abbas, al-Hasan, al-Husayn, Mujahid, and al-Qasim ibn Muhammad also did so, and Urwah performed it after the morning prayer. This is the school of thought of Ata', al-Shafi'i, and Abu Thawr. A group rejected this, among them Abu Hanifah and Malik. They argued using the generality of the prohibition hadiths. Our argument is what was narrated by Jubayr ibn Mut'im, that the Messenger of Allah, may Allah bless him and grant him peace, said: "O children of Abd Manaf, do not prevent anyone from circumambulating this House and praying at any hour they wish, by night or by day." Recorded by al-Athram and al-Tirmidhi (1), who said: It is a sound (sahih) hadith. Furthermore, it is the opinion of those whom we have named from the Companions, and because the two rak'ahs of circumambulation are dependent upon it, so when the subject (matbu') is permitted, it follows that the dependent (taba') should be permitted. Their hadith is specifically applied to missed prayers, whereas our hadith contains no specification, so it is more entitled [to be followed].