Ishaq (43). [This is what Imam Ahmad said. Abu Dawud narrated it from Makhul from] (44) Nafi (45) ibn Mahmud ibn al-Rabi' al-Ansari (44). He is of lower standing than Ibn Ishaq, for he is not known [among the people of hadith], and their analogy is invalidated by the case of the latecomer (masbuq).
Section: Abu Dawud said: It was said to Ahmad, may Allah have mercy on him: If he—meaning the follower (ma'mum)—recited the Opening of the Book (al-Fatiha), then heard the Imam's recitation? He said: He should stop when he hears the recitation of the Imam and listen to the recitation. He only said this [in adherence to the saying of Allah the Exalted: {So when the Qur'an is recited, then listen to it and pay attention}, and the saying of the Prophet -peace be upon him-: "When he recites, then listen attentively"] (46)
Section: (47) As for one for whom recitation is not recommended—who is the follower (ma'mum) during the time his Imam is reciting aloud—he should neither perform the opening invocation (istiftah) nor the seeking of refuge (isti'adhah); because seeking refuge was only legislated for the sake of recitation. So when the primary act (the recitation) falls, the subordinate act (seeking refuge) falls. And since the aforementioned recitation is omitted so as not to be occupied away from listening to the Imam's recitation, the opening invocation is even more deserving of being omitted. Furthermore, because the saying of Allah the Exalted: {Listen to it and pay attention} encompasses everything that distracts from listening and silence, including the opening invocation and others. If [the Imam] remains silent for a duration sufficient for the opening invocation, there are two narrations: One of them is that he should perform the opening invocation but not seek refuge, because he is able to perform the opening invocation without being occupied away from listening, and he does not seek refuge because recitation is not applicable in his case.
(43) Meaning Muhammad ibn Ishaq. (44) Omitted from: The original. The authentication (takhrij) of the hadith from Abu Dawud and al-Tirmidhi was mentioned previously on page 260. (45) In the original: "wa Nafi" (and Nafi). (46) In the original: "'amalan bi-al-ayah wa al-khabar" (acting upon the verse and the report). (47) This section appeared in M as follows: "Is it recommended for the follower to perform the opening invocation and seek refuge? Consider: if there is a recommended recitation in his case, such as in the prayers where the Imam recites silently, or those in which there are silences during which recitation is possible, then the follower performs the opening invocation and seeks refuge. If [the Imam] does not remain silent at all, then he should neither perform the opening invocation nor seek refuge. And if [the Imam] remains silent for a duration sufficient only for the opening invocation, then he should perform the opening invocation and not seek refuge. Ibn Mansur said: I said to Ahmad: Sufyan was asked, does a person seek refuge behind the Imam? He said: Only one who recites seeks refuge. Ahmad said: He spoke the truth. Ahmad also said: If he is one who recites behind the Imam, Allah the Exalted said: {So when you recite the Qur'an, seek refuge in Allah from Satan the outcast}. Some of our companions mentioned that there are other narrations regarding this, that he performs the opening invocation and seeks refuge while the Imam is reciting aloud; because his hearing of the Imam's recitation has taken the place of his own recitation, unlike the opening invocation and the seeking of refuge. The correct view is what we have mentioned."
