the other side. He said: "This is the choice of Abu Hafs al-Barmaki, because it is possible for him to attend to pray over him or at his grave." Abu 'Abd Allah ibn Hamid prayed over a deceased person who died in one side of Baghdad while he was in the other side, because he is absent, so prayer over him is permissible, like the absent [deceased] in another land. This is invalidated (14) by the case where [the deceased] is with him on the same side.
Section: Prayer for the absent [deceased] is restricted to one month, like prayer at the grave, because it is not known that the body remains without disintegration for longer than that. Ibn 'Aqil said regarding the one eaten by a beast of prey or burned by fire: "It is possible that prayer is not performed over him because he is gone, unlike the lost person or the one who drowned, for there remains of him that which can be prayed over." [And prayer is performed over him] (15) if he drowned (16) before the ritual washing, like the absent [deceased] in a distant land, because the ritual washing became impossible due to an impediment; he is similar to the living person who is unable to perform the ritual washing and the tayammum (dry ablution), so he prays according to his condition.
371- Issue: He said: "If the Imam performs five takbirs, one performs them following him."
There is no disagreement in the school that it is not permissible to exceed seven takbirs, nor to perform less than four. The most appropriate is four, which should not be exceeded. Reports differ regarding what is between them. The apparent meaning of al-Khiraqi's statement is that if the Imam performs five takbirs, the follower (ma'mum) follows him, and he does not follow him in any increase beyond that. This was narrated by al-Athram from Ahmad. Harb narrated from Ahmad: "If he performs five, one does not perform them with him, nor does one perform the final salutation (taslim) except with the Imam." Al-Khallal said: "Everyone who narrated from Abu 'Abd Allah disagrees with this." Among those who did not see it as permissible to follow the Imam in an increase beyond four are al-Thawri, Malik, Abu Hanifah, and al-Shafi'i.
(13) Omitted from the original (al-asl). (14) In (A) and (M): "mukhtass" (specific). (15) Omitted from the original (al-asl). (16) In (A) and (M): "'urifa" (it is known). (1) In (A) and (M): "anqas" (less).
