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].