a communal obligation (fard kifayah), and there is fear for the deceased; nor to the two rak'ahs of circumambulation (tawaf), because they are subordinate to something that the prohibition does not prevent, even though we have already stated that the correct view is that the funeral prayer should not be performed during the three times mentioned in the hadith of 'Uqbah ibn 'Amir (42). Likewise, it is not appropriate to perform the bowing (ruku') for tawaf during them, nor to repeat a congregational prayer during them. If these emphasized prayers are prohibited during them, then others are more rightfully prohibited. And Allah knows best.

Section: There is no difference between Makkah and elsewhere regarding the prohibition of voluntary prayer during the times of prohibition. Al-Shafi'i said: It is not prohibited there, due to the saying of the Prophet (may Allah bless him and grant him peace): "Do not prevent anyone from circumambulating this House and praying at any hour he wishes, night or day" (43). And from Abu Dharr, he said: I heard the Messenger of Allah (may Allah bless him and grant him peace) say: "Let no one pray after the dawn until the sun rises, nor after the afternoon prayer ('asr) until the sun sets, except in Makkah." He said: He said that three times. Recorded by al-Daraqutni (44). Our argument is the general scope of the prohibition and that it is a matter that prevents prayer, so Makkah and elsewhere are equal in it, like [the state of] menstruation (hayd). Their hadith intended by it the two rak'ahs of tawaf, so it is specific to them. The hadith of Abu Dharr is weak; it is narrated by 'Abd Allah ibn al-Mu'ammal, and he is weak, as stated by Yahya ibn Ma'in.

Section: There is no difference at the time of the meridian [between Friday and other days] (45), nor between winter and summer. 'Umar ibn al-Khattab used to prohibit it, and Ibn Mas'ud said: We used to be prohibited from that, meaning on Friday. Sa'id al-Maqburi (46) said: I reached the people while they were avoiding that. And from 'Amr ibn Sa'id ibn al-'As, from his father, who said: I used to meet the companions of the Messenger of Allah (may Allah bless him and grant him peace), and when the sun passed the meridian, they would stand and pray four [rak'ahs].