the surplus is a voluntary act, and he led them in it while they were praying an obligatory prayer. The correct view is the former, because if a traveler intends to complete the prayer or does not intend to shorten it, completing it becomes binding upon him, and thus the entire prayer becomes an obligation.

257- Issue: He said: "And one who is in the upper part of the mosque and outside the mosque may follow the imam, if the rows are continuous."

The summary of this is that it is permissible for the follower (ma'mum) to be on the same level as the imam or higher than him, such as one who is on the roof of the mosque, on an elevated platform, or in a loft within it. It has been narrated from Abu Hurayrah that he prayed following the imam's prayer while on the roof of the mosque, and Salim did the same. This is the opinion of al-Shafi'i and the scholars of opinion (Ashab al-Ra'y). Malik said: "He must repeat [if he prayed Jumu'ah] above the roof of the mosque by following the imam's prayer." Our evidence is that both are within the mosque and he is not elevated above the imam, so it is valid to follow him, just as in the case of those on the same level. The continuity of the rows is not considered if both are within the mosque. Al-Amidi said: "There is no disagreement in the school (madhhab) that if he is at the furthest end of the mosque, and there is nothing between him and the imam that prevents passage and observation, his following is valid, even if the rows are not continuous." This is the opinion of al-Shafi'i; this is because the mosque was built for congregation, so whoever is inside it is in the place of the congregation. If the follower is outside the mosque, or both are outside the mosque, it is valid to follow him, whether he is on the same level as the imam or higher, regardless of whether the elevation is significant or slight, on the condition that the rows are continuous and he observes [the imam or] those behind the imam. It does not matter if the follower is in the courtyard of the congregational mosque, in a house, or on a roof while the imam is on another roof, or if they are in an open desert, or on two boats. This is the opinion of al-Shafi'i, except that he stipulates that...