then leaves, he would not be permitted to perform the prayer of intense fear, because it was only permitted for necessity, and therefore is confined to the presence of necessity.
Section: The one who is sinful in his flight, such as one fleeing from a legitimate legal claim directed against him, a highway robber, a thief, or one who steals, is not permitted to perform the prayer of fear, because it is a concession established to defend oneself in a permissible situation, and therefore it is not established through disobedience, just like the concessions of travel.
Section: Our companions said: It is permissible for them to perform the prayer during the state of intense fear in congregation, while walking or riding. It is also possible that it is not permissible. This is the view of Abu Hanifah, because they need to advance and lag behind, and they might precede the Imam, rendering the following of him (al-i'timam) difficult for them. Our companions argued that it is a state in which it is permissible to pray individually, so it is permissible to perform the prayer in congregation, like riding on a ship; and the preceding of the Imam is pardoned due to the need for it, similar to the pardoning of excessive movement. Those who support the first view may say: The pardoning of that is not established except by a text or the implication of a text, and neither of these is found. Furthermore, this is not in the same category as excessive movement, because excessive movement is not specific to the Imamate; rather, it exists in the state of individuality just as in the state of following an Imam, so individuality does not affect it in itself, unlike the preceding of the Imam.
Section: If they perform the prayer of fear, thinking that there is an enemy present, and it becomes clear that there is no enemy there, or an enemy is found but there is something between them and him that prevents him from crossing over to them, then they must repeat it, whether they performed the prayer of intense fear or otherwise, and whether their assumption was based on the report of a reliable person or someone else, or the sighting of a dark shape, or the like. This is because they left out some of the obligations of the prayer, thinking that they were dropped, so repetition is incumbent upon them, just as if one who performed ablution left off washing his feet and wiped over
(10) In the original: "al-taqdim" (advancing). (11) In (A) and (M): "nafyihi" (its negation). (12) Omitted from (M).