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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 3 · Page 27

Translation · EN

al-Hakam, al-Thawri, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). Abu Mijlaz disliked the leadership of a slave, and Malik said: "He should not lead them unless he is a reciter (qari') and they are unlettered (ummiyyun)." Our evidence is the statement of the Prophet (peace be upon him): "The one who leads the people should be the one who is most proficient in reciting the Book of Allah Most High" (3). Abu Dharr also said: "My beloved [the Prophet] advised me to listen and obey, even if he were a slave with mutilated limbs (4), and to perform the prayer at its proper time. If you reach the people and they have already prayed, you have attained your prayer; otherwise, it will be a supererogatory prayer for you." Recorded by Muslim (6). It is also because it is the consensus of the Companions; Aisha did so, and it is reported that Abu Sa'id, the mawla of Abu Asid, said: "I got married while I was a slave, and I invited a number of the Companions of the Messenger of Allah (peace be upon him), and they answered me. Among them were Abu Dharr, Ibn Mas'ud, and Hudhayfah. The prayer time arrived while they were in my house, and Abu Dharr stepped forward to lead them in prayer, but they said to him, 'Behind you?' He turned to Ibn Mas'ud and said, 'Is it so, O Abu Abd al-Rahman?' He said, 'Yes.' So they brought me forward, and I was a slave, and I led them in prayer." Recorded by Salih in his "Masa'il" with his chain of narration (7). This is an incident (8) of a type that becomes widespread, yet it was not censured, and no dissenter to it is known; thus, it constitutes consensus. Furthermore, servitude is a status established upon him, so it does not prevent the validity of his leadership, just like debt. He is also among those obligated to perform the call to prayer (adhan) for men, and he performs the prayer completely, so he is permitted to lead them just like a free man. As for the blind man, we do not know of any disagreement regarding the validity of his leadership, except for what was narrated from Anas, who said: "What is their need for him?" And from Ibn Abbas, who said: "How can I lead them when they have to straighten me towards the Qibla?" (9).

Notes

= al-Kubra 3/126. It is [also] in Musannaf Abd al-Razzaq, Chapter on the man who is visited in his quarters. Al-Musannaf 3/293. (3) Its verification has previously appeared on page 12. (4) Meaning: having the limbs cut off. (5) Omitted from: A, M. (6) It appeared previously in 2/521. (7) See what was mentioned at the beginning of the issue. (8) In A and M: "story".

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