234 - Issue: He said: "And one prays over the funeral [prayer]."

As for the funeral prayer after the morning prayer until the sun rises, and after the Asr prayer until it tilts toward sunset, there is no disagreement regarding it. Ibn al-Mundhir said: There is a consensus (ijma') among the Muslims regarding the funeral prayer after the Asr and morning prayers. As for praying it during the three times mentioned in the hadith of Uqbah ibn Amir, it is not permissible. This was mentioned by al-Qadi and others. Al-Athram said: I asked Abu Abd Allah [Ahmad ibn Hanbal] about the funeral prayer when the sun is rising? He said: As for the moment it is rising, I do not favor it. Then he mentioned the hadith of Uqbah ibn Amir. It has been narrated from Jabir and Ibn Umar a similar opinion, and Malik mentioned it in al-Muwatta from Ibn Umar. Al-Khattabi said: This is the opinion of the majority of scholars. Abu al-Khattab narrated from Ahmad another version: That the funeral prayer is permissible at all times of prohibition. This is the school of thought of al-Shafi'i; because it is a prayer permitted after the morning and Asr prayers, it is therefore permitted at all other times, like the obligatory prayers. Our argument is the statement of Uqbah ibn Amir: "There are three hours during which the Messenger of Allah, may Allah bless him and grant him peace, would forbid us to pray or to bury our dead." His mention of prayer (1) conjoined with burial is evidence that the funeral prayer is intended. Furthermore, it is a prayer other than the five obligatory prayers, so it is not permissible to perform it during these three times, just like discretionary (nafilah) prayers. It is only permitted after (2) the morning and Asr prayers because their duration is long, and there is fear that waiting might harm [the deceased]; whereas the duration of these [three prohibited] times is short. As for the obligatory prayers, they cannot be compared to it because they are more emphatic. It is also not correct to compare these three times to the other two times, because the prohibition in them is more emphatic, their duration is shorter, and there is no fear for the deceased during them. Additionally, burial is forbidden during them, and the prayer conjoined with the burial encompasses the funeral prayer, and the context prevents it from being excluded by specification, unlike the other two times. And Allah knows best.