Answered by Shaykh Yūsuf Badāt
Question:
During Ḥajj at ʿArafah, if we are not praying at Masjid Namirah with the Imam of Ḥajj in congregation, do we join Dhuhr and ʿAṣr prayers at Dhuhr time, in our tents or do we offer both at their regular times?
Answer:
In the Name of Allāh, Most Merciful, Most Kind
Jazāk Allāh Khayr/ Thank you for your question.
We pray that the Almighty accept the pilgrimage of one and all.
The Majority View
The overwhelming majority of Islamic jurists (jamhūr) from the four schools of jurisprudence, including Imam Ṭaḥāwī and Muḥammad Al-Shaybānī (may Allāh’s mercy be with them) are of the view that during pilgrimage, in ʿArafah, both Dhuhr and ʿAṣr should be performed jointly and shortened during Dhuhr time regardless whether one is praying with the Imam of Ḥajj, individually or in a smaller congregation at the tents of ʿArafah. (See: Kitāb Fiqh ʿAlā Al-Madhāhib Al-Arbaʿah, Ibn ʿĀbidīn, Iʿilā Al-Sunan)
The jamhūr (majority) cite the following for their stance.
“[In ʿArafah] the call to prayers (adhān and iqāmah) were made. The Prophet Muḥammad (peace and blessings upon him) performed Dhuhr, thereafter the iqamah was called [again] and he performed ʿAṣr. He did not perform any ritual prayers between them.” (Ṣaḥīḥ Muslim, Abū Dāwūd and Ibn Mājah)
“During the Ḥajj journeys, when ʿAbd Allāh bin ʿOmar (may Allāh be pleased with him) could not join the congregation [at Namirah] on ʿArafah Day, he would join Dhurh and ʿAṣr in his tent [at the time of Dhuhr]. This is the verdict of the jamhūr (majority scholars).” (Fatḥ Al-Bārī, Iʿilā Al-Sunan)
ʿAbd Allāh bin Zubayr (may Allāh be pleased with him) said,
“It is from the sunnah (prophetic practice) to perform Dhurh and ʿAṣr together [in ʿArafah, at Dhuhr time].” (Ḥākim and Dhahabī)
Imam Muḥammad Al-Shaybānī (may Allāh’s mercy be with him) instructs as follows,
“Perform Dhuhr and ʿAṣr together in one’s tent with one adhan and two iqāmahs. The ʿAṣr is performed earlier [with Dhuhr] so wuqūf (ritual presence and supplication) of ʿArafah can be done thereafter. This is what has reached us from ʿĀʾyesha, ʿAbd Allāh bin ʿOmar, ʿAṭā ibn Abī Rabāḥ and Mujāhid (may Allāh be pleased with them).” (Iʿilā Al-Sunan)
Imams Mālik and Ṭahāwī (may Allāh’s mercy be with them) state,
“Joining and shortening the two prayers is a required Ḥajj nusuk (ritual).” (Sharḥ Saghīr)
Another Stance
Another view is that a small group of Islamic jurists, such as Sufyān Al-Tawrī, Ibrāhīm Al-Nakhaʿī and Imam Abū Ḥanīfah (may Allāh’s mercy be with them) are of the stance that joining Dhuhr and ʿAṣr [in Dhuhr time] is only rendered in the case when the pilgrim performs the ritual prayers in congregation with the Imam of Ḥajj at Masjid Namirah. This fraternity substantiates their position with the following;
“Indeed, prayer has been decreed upon the believers, a decree of specified times.” (Qurʿān 4:103)
“Joining [the two prayers in ʿArafah during Ḥajj] is only applicable with congregation behind the Ḥajj imam.” (Hidāyah)
This group also indicates that if one would like to join the prayers in the tents, it should be ṣuratan (in an apparent sense – by performing Dhuhr in its last moments and ʿAṣr in its beginning time) not ḥaqīqatan (in a real sense – by performing both prayers in Dhuhr time). (Iʿilā Al-Sunan)
Conclusion
From the above it becomes clear, both views are acceptable. Hence, the preferred thing to do is to have the group leaders in the Ḥajj tent you are in decide on one stance, thus having unison to perform the prayers amongst the pilgrims.
If there are followers of diverse fiqh in the same tent who insist on following their positions, that should be respected. Everyone can perform Dhuhr together as a congregation. Those who do not join ‘Aṣr can perform ‘Aṣr once the time sets in. Even though this may lead to multiple congregations in the same tent during the ʿArafah day, respect and kindness must be displayed to those who may not conform to your stance.
And Allāh Knows Best
