whenever he likes. Ibn Aqil said: He may only make it up on the following day, by analogy to the issue preceding it. This is not correct because what he performs is voluntary (tatawwu'), so he may bring it whenever he likes. This differs from the situation where the Imam and the people do not know [of the Eid], for the people have dispersed on that day having decided that Eid is the next day, so they will not gather except on the next day. This is not the case here, for he does not need the gathering of a congregation. Furthermore, the prayer of the Imam is the obligatory prayer for which the conditions of Eid, its place, and the manner of its prayer are considered, and thus its time is considered; this is contrary to [the individual's] case.
Section: Residency (istitan) is a condition for its obligation, for the Prophet (peace and blessings of Allah be upon him) did not pray it while traveling, nor did his successors. The same applies to the number of people required for Jumu'ah, for it is an Eid prayer and thus resembles Jumu'ah. Regarding the permission of the Imam, there are two narrations [the more correct of which is that it is not] a condition, and none of these [conditions] are required for its validity, because it is valid for an individual to perform it as a make-up prayer. Abu al-Khattab said: There are two narrations regarding all of these [matters]. The Qadi said: The words of Ahmad imply two narrations: One, that Eid is not established except where Jumu'ah is established. This is the school of Abu Hanifah, although he does not consider this except in a major city (misr), based on his saying: "There is no Jumu'ah and no tashriq except in a congregational city (misr jami')." (13) The second [narration] is that the individual, the traveler, the slave, and women may pray it in any case. This is the view of al-Hasan and al-Shafi'i, because residency is not a condition for it, so congregation is not a condition for it, just like voluntary prayers. Except that if the Imam has once delivered the khutbah, then they wish to pray, they do not deliver a khutbah and pray without a khutbah, so as not to lead to division. The detailed view that we have mentioned is the most appropriate, if Allah the Almighty wills.
312 - Issue: He said: (And he begins the takbir on the day of Arafah from the dawn prayer)
There is no disagreement among the scholars, may Allah have mercy on them, that the takbir is legislated during the day of Sacrifice,
(11) In [copies] A and M: "whoever". (12) In the original: "one of them is not". (13) Recorded by Abd al-Razzaq, in: The chapter on praying the two Eids in small villages, from the Book of the Two Eids. al-Musannaf 3/301.