16. Ibn Abi Dawud narrated to me: He said: Ahmad ibn Yunus narrated to us: He said: Abu Bakr ibn „Ayyash narrated to us: He said: “I have never seen a jurist doing this, raising his hands in other than the first takbir.” Al-Tahawi narrated it (1:134), and its narrators are the narrators of the Sahih besides Ibn Abi Dawud who is trustworthy as has preceded.
I say: This proves that the hadith of raising the hands upon bowing and rising from it was not commonly practiced in the time of the Tabi‘in, since Abu Bakr ibn ‘Ayyash is from the senior successors of the Tabi‘in. Al-Thawri and others narrated from him. Ahmad ibn Hanbal said: “I believe that his birth was in the year 100, and he and Harun al-Rashid died in the same month of the year 193.” This was abbreviated from Tahdhib al-Tahdhib (12:36).
In al-Mudawwanat al-Kubra by Malik, Malik said: “I do not recognise raising the hands in any of the takbirs of Salah, neither in an upward nor in a downward movement, besides the opening of Salah, [where] one raises his hands slightly.” Ibn al-Qasim said: “Raising the hands was weak according to Malik except in the opening takbir.” (1:71) I say: Malik is from the senior successors of the Tabi‘in, so his lack of knowledge [of raising the hands] in other than the opening proves it was not practiced in the time of the Tabi‘in, and a hadith not being practiced is an indication of its abrogation.
If it is said: Malik narrated the raising [of the hands] in al-Muwatta’ so it is his madhhab which his followers have adopted in obedience to Allah and on which they imitate him. I say: Hafiz [Ibn Hajar] refuted this in his introduction to Ta‘jil al-Manfa‘ah:
The ruling according to the Malikis is not as he mentioned, rather their reliance in laws and verdicts is on what Ibn al-Qasim narrated from Malik, whether it agrees with what is in al-Muwatta’ or not. One of the West Africans compiled a book [on those issues] in which the Malikis opposed the texts of al-Muwatta’, like raising [the hands] upon bowing and [when] straightening. (p. 4).
It is established by this that the narration of Ibn al-Qasim is stronger and preferred in terms of practice according to the scholars of [the madhhab of] Malik than al-Muwatta’. So understand!
It has preceded in the hadith of Abu Ishaq from the transmission of Ibn Abi Shaybah with a sahih chain that the companions of ‘Abd Allah [ibn Mas‘ud] and the companions of ‘Ali would not raise their hands in other than the opening [see hadith no. 9]. It is mentioned in al-Jawhar al-Naqi (1:140):
Some of the Sahabah limited raising [the hands] to the opening takbir, as has preceded, and likewise a group of the Tabi‘in, like al-Aswad, ‘Alqamah, Ibrahim, Khaythamah, Qays ibn Abi Hazim, al-Sha‘bi, Abu Ishaq and others. All this was narrated by Ibn Abi Shaybah in his Musannaf with good chains.
It is also mentioned in it (1:136):
The narration of Ibn al-Qasim from Malik is that there is no raising [of the hands] except in the first takbir. Abu ‘Umar ibn ‘Abd al-Barr said: “I do not raise [my hands] except at the opening [of Salah] according to the narration of Ibn al-Qasim.”¹ It is mentioned in Sharh Muslim by al-Qurtubi: “It is the famous position of Malik.” It is mentioned in Qawa‘id by Ibn Rushd: “This is the madhhab of Malik due to the practice [of the people of Medina] agreeing with it.”
I say: It is mentioned in his Bidayat al-Mujtahid:
The people of Kufa, Abu Hanifah, Sufyan al-Thawri and all of their jurists held the opinion that the worshipper does not raise his hands except in the opening takbir and this is the narration of Ibn al-Qasim from Malik. Al-Shafi‘i, Ahmad, Abu ‘Ubayd, Abu Thawr and the majority of the scholars of hadith and the literalists held the opinion [that the hands should be] raised in the opening takbir and when bowing and when rising from bowing, and this was narrated from Malik, although according to them it is obligatory and according to Malik desirable. Some of the people of hadith have taken [the view] of raising them upon prostration and when rising from it…From them are those who restricted it to the opening only, giving preference to the hadith of ‘Abd Allah ibn Mas‘ud and the hadith of al-Bara’ ibn ‘Azib, and this is the madhhab of Malik due to the practice [of the people of Medina] agreeing with it. (1:78)
The hadiths of the chapter are contradicted by what al-Bukhari narrated from ‘Abd Allah ibn ‘Umar which we mentioned earlier; and by what was narrated from Malik ibn al-Huwayrith that he saw the Prophet (Allah bless him and grant him peace) raise his hands in his Salah when he bowed and when he raised his head from bowing and when he prostrated and when he raised his head from prostration, until he made them level with the lobes of his ears. Al-Nasa’i narrated it and its chain is sahih.
Hafiz [Ibn Hajar al-‘Asqalani] said in Fath al-Bari: “The most authentic of what I have come across of the hadiths on raising [the hands] in prostration is what al-Nasa’i narrated from the narration of Sa‘id ibn Abi ‘Arubah from Qatadah from Nasr ibn ‘Asim from Malik ibn al-Huwayrith,” and then he mentioned it. He said: “Sa‘id was not alone [in narrating it], for Hammam followed him up from Qatadah according to Abu ‘Awanah in his Sahih.” End of abbreviated [quote] (2:185).
It is mentioned in al-Ta‘liq al-Hasan:
I say: Rather, many [narrators] from the companions of Qatadah followed him up: Hammam according to Ahmad and Abu ‘Awanah; and Shu‘bah and Mu‘adh ibn Hisham according al-Nasa’i. Hence, there is no doubt that the addition of raising the hands for prostration is authentic. That which was narrated from Anas that the Prophet (Allah bless him and grant him peace) would raise his hands when bowing and prostrating, Abu Ya‘la narrated it, and al-Haythami said its narrators are the narrators of the Sahih, as mentioned in Majma‘ al-Zawa’id (1:182). On this [matter] is also a narration from Ibn ‘Umar (Allah be pleased with them) that the Prophet (Allah bless him and grant him peace) would raise his hands at the takbir of bowing and at the takbir when falling into prostration. Al-Tabrani narrated it in al-Awsat and its chain is sahih.
If you say: This contradicts al-Bukhari’s narration traced [to the Prophet (Allah bless him and grant him peace)] from Ibn ‘Umar in his Sahih: “And he would not do this when prostrating, nor when he raised his head from prostration.” I say: Harmonisation is possible by [postulating] that the meaning of his [i.e. Ibn ‘Umar’s] statement “when prostrating” is the second prostration, and this is supported by what is narrated from him: “He would not raise them between the two prostrations” as mentioned in al-Ta‘liq al-Hasan (1:102).
From them [i.e. those narrations which contradict the hadiths of the chapter] is what Abu Hurayrah narrated, he said: “I saw the Messenger of Allah (Allah bless him and grant him peace) raising his hands in Salah to the level of his shoulders when opening the Salah and when bowing and when prostrating.” Ibn Majah narrated it. Its narrators are all trustworthy except Isma‘il ibn ‘Ayyash who is reliable, although there is some criticism in his narration from non-Levantians.[They are also contradicted by] what al-Husayn ibn ‘Abd al-Rahman narrated, he said: We entered upon Ibrahim [al-Nakha‘i] and ‘Amr ibn Murrah narrated to him, he said: “We prayed in the mosque of the Hadramites and ‘Alqamah ibn Wa’il narrated to me from his father that he saw Allah’s Messenger (Allah bless him and grant him peace) raise his hands when opening the Salah and when he bowed and when he prostrated” to the end of the hadith. Al-Daraqutni narrated it and its chain is sahih. [They are also contradicted by] what Yahya ibn Abi Ishaq narrated, he said: “I saw Anas ibn Malik raising his hands between the two prostrations.” Al-Bukhari narrated it in Juz’ Raf‘ al-Yadayn and its chain is sahih. These three hadiths are mentioned in Athar al-Sunan (1:102-3).
The answer to them is that just as these are a proof against us, they are likewise a proof against al-Shafi‘i and others, since the majority of them don’t profess [the opinion of] raising [the hands] when prostrating and when rising from it. According to al-Bayhaqi, an addition of raising [the hands] upon standing from two rak‘ahs also was reported in the hadith of Ibn ‘Umar. According to him, [an addition of] raising [the hands] upon standing from the two prostrations was narrated from ‘Ali. Al-Bayhaqi used both of them to establish his madhhab. ‘Allamah Ibn al-Turkumani objected to him:
I say: Al-Bayhaqi formed this chapter for raising [the hands] upon bowing and [when] rising from it, and in this hadith is an addition to this, which is raising [the hands] upon standing from two rak‘ahs and this is an acceptable addition, and his Imam, al-Shafi‘i, does not profess it, so whatever he made a consequence of the opinion of his opposition with the addition of raising [the hands] upon bowing and rising from it, the same is a consequence of his opinion based on the addition of raising [the hands] upon standing from two rak‘ahs. And the first to be content with a path is he who leads it.
And he said about the hadith of ‘Ali:
Furthermore, there is an addition in this hadith also, which is raising [the hands] upon standing from the two prostrations, so al-Shafi‘i is compelled to profess it assuming the authenticity of the hadith, and he does not hold this opinion. (1:134-5).
Therefore, whatever is their answer to raising [the hands] for prostration and [at] other [places of Salah] which they do not profess, that is our answer to raising [the hands] for bowing and when rising from it. The verifier Ibn al-Humam said:
That which is [narrated] in al-Tirmidhi from ‘Ali (Allah be pleased with him) that the Prophet (Allah bless him and grant him peace) would, when he stood for the prescribed Salah, say takbir and raise his hands in line with his shoulders and do the like of this when he completed his recitation and wanted to bow, and he did this when he rose from bowing, and he would not raise his hands in any part of Salah while sitting, and when he stood from the two prostrations, he raised [his hands] likewise, which al-Tirmidhi authenticated, it is understood [by us] to be abrogated due to the agreement of the abrogation of raising [the hands] upon prostration.
Know that the narrations from the Sahabah and the paths from him (Allah bless him and grant him peace) are very many, and there are extensive discussions on them from al-Tahawi and others. The extent that is certain after all of this is the establishment of the narration of both practices from him (Allah bless him and grant him peace), of raising [the hands] upon bowing and its omission. Hence, it is necessary to give preference [to one of the two practices] due to the establishment of a contradiction. What we have adopted is preferred since it is known that there were statements and actions that were permissible in Salah from the category of this raising [of the hands, i.e. against the desired concentration and stillness in Salah], and its abrogation is known, so it is not farfetched that this is also included within the abrogation, particularly since what positively opposes it is established with nothing deterring it. [This is] distinguished from its omission because the possibility of it not being from the Shari‘ah does not arise as it is not from the category of where this [i.e. abrogation] is known, rather, it is from the category of stillness which is a means to something unanimously desired in Salah, i.e. concentration. Similarly [our opinion is preferred] due to the superiority of the narrators from Allah’s Messenger (Allah bless him and grant him peace) as Abu Hanifah said to al-Awza‘i. (1:270)
I say: This is a wonderful review. Moreover, it is established in the principles [of jurisprudence] that when two practices contradict, the statements and actions of the Sahabah are referred to, and when they differ, analogy is referred to, and analogy here demands not raising [the hands] based on what you heard many times that the objective of the Shari‘ah is stillness in Salah, which is based on tranquillity and concentration, in the very same manner that servants and slaves [stand] in front of their masters with humility and stillness according to their normal habit.
If it is said that the hadith of raising [the hands] is recurrent (mutawatir) as mentioned in Fath al-Bari which states: “Al-Bukhari mentioned that 17 men from the Sahabah narrated it, and al-Hakim and Abu al-Qasim ibn Mandah listed amongst those who narrated it the ten promised [paradise]², and our teacher, Abu al-Fadl Hafiz al-‘Iraqi, said that he traced those of the Sahabah who narrated it and they reached fifty men.” (2:182) Al-Suyuti counted it amongst the recurrent [narrations] in Tadrib al-Rawi (p. 191) where he said: “And the hadith of raising the hands in Salah is narrated from around fifty [narrators].”
I say: How does the recurrence (tawatur) benefit you after it is established from the rightly-guided caliphs and others from the eminent Sahabah that they did not practice it, and likewise the jurists of the Tabi‘in, in particular the students of ‘Ali and Ibn Mas‘ud (Allah be pleased with them), such that Abu Bakr ibn ‘Ayyash said: “I have never seen a jurist do this, raising his hands in other than the first takbir”? If its recurrence is conceded, it is like an abrogated verse. Its recurrence does not prevent its abrogation. However, we do not concede the recurrence [of this narration] except in raising the hands in general in Salah, as is indicated by the text of Tadrib al-Rawi. As for the recurrence of raising [the hands] specifically for bowing and rising from it, it is not accepted, and before establishing it the thorns of a cactus tree will be shred [i.e. it will be extremely difficult to establish]. And Allah knows best. The proof for this is what al-Shawkani said in Nayl al-Awtar: “Al-‘Iraqi collected the number of those who narrated raising the hands in the beginning of Salah, and they reached fifty Sahabah, from them the ten promised paradise. Hafiz [Ibn Hajar al-‘Asqalani] said in Fath al-Bari: ‘Our teacher, Abu al-Fadl Hafiz al-‘Iraqi, said that he traced those of the Sahabah who narrated it and they reached fifty men.’” (2:67) This is clear in that the narration of these fifty was only about raising [the hands] in the opening [of Salah] not on raising [the hands] when bowing and rising from it. So understand and do not be from the heedless!
Know that the Hanafis also draw evidence for not raising [the hands] upon bowing and rising from it from the hadith of Ibn ‘Abbas: “The hands are not raised except in seven places,” to the end of the hadith.
Shaykh [Ibn Daqiq al-‘Id] objected to this [proof] in al-Imam from [a number of] perspectives: Firstly, Ibn Abi Layla is alone [in narrating it] and he is not used as proof; secondly, the narration of Waki‘ from him is halted (mawquf) at Ibn ‘Abbas and Ibn ‘Umar, and al-Hakim said: “Waki‘ is stronger than all those who narrated this hadith from Ibn Abi Layla”; thirdly, a group of the Tabi‘in narrated with sahih chains from ‘Abd Allah ibn ‘Umar and ‘Abd Allah ibn ‘Abbas that they would raise their hands upon bowing and after raising their heads from bowing, and they attributed this to the Prophet (Allah bless him and grant him peace); fourthly, Shu‘bah said al-Hakam only heard four hadiths from Miqsam, and this hadith is not from them; fifthly, it is impossible that raising the hands only in seven places is sound since there are recurrent reports on raising the [hands] on many other [occasions], from them the prayer of seeking rain and his (Allah bless him and grant him peace) raising his hands in supplication during Salah and his command to [do] so, and raising the hands in the Qunut of Witr and Fajr Salah. (Summarised from Nasb al-Rayah, 1:206)
The answer to the first [criticism] is that Ibn Abi Layla was not alone in [narrating] it, as al-Tabrani narrated it in his Mu‘jam:
Ahmad ibn Shu‘ayb Abu ‘Abd al-Rahman al-Nasa’i narrated to us: ‘Amr ibn Yazid Abu Yazid al-Harami narrated to us: Sayf ibn ‘Ubayd Allah narrated to us: Warqa’ narrated to us from ‘Ata’ ibn al-Sa’ib from Sa‘id ibn Jubayr from Ibn ‘Abbas that the Prophet (Allah bless him and grant him peace) said: “Prostration is on seven parts…And the hands are raised when you see the House and on Safa and Marwah and in ‘Arafah, and when pelting the Jamarat, and when you stand for Salah.” (Nasb al-Rayah, 1:206)
I say: Its narrators are all trustworthy except Sayf ibn ‘Ubayd Allah who is reliable as mentioned in al-Taqrib (p. 83). Al-Bayhaqi transmitted it through the route of al-Shafi‘i: Sa‘id ibn Salim narrated to us from Ibn Jurayj, he said: I was narrated to from Miqsam from Ibn ‘Abbas from the Prophet (Allah bless him and grant him peace), he said: “The hands are raised in Salah,” and then he mentioned the like of it, and he added “and on the dead.” Moreover, Ibn Abi Layla was declared trustworthy by al-‘Ijli, and al-Tirmidhi declared some of his hadiths sahih, from them his hadith in bab ma ja’a mata yaqta‘a al-talbiyah fi al-‘umrah (1:111).[The answer] to the second [criticism] is that al-Bazzar narrated in his Musnad:
Abu Kurayb Muhammad ibn al-‘Ala’ narrated to us: ‘Abd al-Rahman ibn Muhammad al-Muharibi narrated to us: Ibn Abi Layla narrated to us from al-Hakam from Miqsam from Ibn ‘Abbas and from Nafi‘ from Ibn ‘Umar from the Prophet (Allah bless him and grant him peace), he said: “The hands are raised in seven places,” to the end of the hadith. (Nasb al-Rayah, 1:205)
Hence, as you see, ‘Abd al-Rahman traced it [to the Prophet (peace and blessings be upon him)], and he is trustworthy. The two shaykhs narrated from him in their Sahihs. The hadith is therefore traced [to the Prophet (Allah bless him and grant him peace)] even if Waki‘ halted it [at Ibn ‘Abbas and Ibn ‘Umar]. Al-Nawawi said in the introduction to al-Minhaj Sharh Sahih Muslim ibn Hajjaj (1:256):
When one trustworthy accurate narrator narrates [a hadith] connectedly and another disconnectedly; or one of them halts it and another traces it [to the Prophet (peace and blessings be upon him)]; the correct [practice] as stated by the verifiers of the hadith-scholars and stated by the jurists and scholars of [hadith] principles, which al-Khatib al-Baghdadi authenticated, is that the ruling is in favour of the one who connected it or traced it, whether his opponent is equivalent to him or more in number than him or more retentive than him, because it is the addition of a trustworthy narrator, which is accepted.
Moreover, Waki‘ also traced it [to the Prophet (peace and blessings be upon him)] once as al-Bukhari mentioned without [his] chain [to Waki‘] in Juz’ Raf al-Yadayn, where he said:
Waki‘ narrated from Ibn Abi Layla from al-Hakam from Miqsam from Ibn ‘Abbas from the Prophet (Allah bless him and grant him peace), he said: “Hands are not raised except in seven places,” to the end of the hadith, as mentioned in Nasb al-Rayah (1:205).
Thus, it is established that the hadith is traced [to the Prophet (Allah bless him and grant him peace)] in the narration of Waki‘ also.
The answer to the third [criticism] is that the narrations on raising [the hands] from Ibn ‘Umar are contradictory, since Mujahid narrated not raising [the hands] from him as has preceded in the main text with a sahih chain. Therefore, there is no proof in this [narration from Ibn ‘Umar]. Furthermore, if a Sahabi acts contrary to his report, the authenticity of the hadith is not affected according to the hadith-scholars as has passed, and according to the jurists it only affects [the hadith] when his opposition to it is established after his narration [of it], and this is not established, so the hadith is safe from conflict.[The answer] to the fourth [criticism] is that Ibn Abi Layla narrated it from al-Hakam from Miqsam from Ibn ‘Abbas and from al-Hakam from Nafi‘ from Ibn ‘Umar, and the first is disconnected and the second is connected, and when a disconnected report is strengthened by a connected report, it is a proof according to everybody as is established in [hadith] principles. Furthermore, ‘Ata’ ibn al-Sa’ib narrated it from Sa‘id ibn Jubayr from Ibn ‘Abbas according to al-Tabrani as has preceded, so the hadith is connected to Ibn ‘Abbas also. Moreover, the restriction in the assessment of Shu‘bah is based on his observation, while Ahmad and others said: “Al-Hakam only heard five hadiths from Miqsam,” and Yahya al-Qattan counted them; and despite this, al-Tirmidhi narrated many hadiths from al-Hakam from Miqsam, and in most of them there is the explicit wording of audition and narration, as mentioned in the introduction to Tansiq al-Nizam (p. 49). [The answer] to the fifth [criticism] is what is stated in al-Bahr al-Ra’iq that the meaning is one does not raise his hands in the manner of an emphasised Sunnah except on these occasions, and it does not imply complete negation, since raising the hands at the time of supplication is desirable as the Muslims from all lands have agreed. Al-‘Ayni said something similar in Sharh al-Hidayah. (Extracted from Badhl al-Majhud, 2:8)
As for what is mentioned in al-Hidayah: “That which is narrated of raising [the hands] is understood to be at the beginning [of Islam] as was narrated from Ibn al-Zubayr (Allah be pleased with him),” al-Zayla‘i objected to it that it is a strange report, and Ibn al-Jawzi mentioned it in al-Tahqiq and said:
The Hanafis claim that the hadiths of raising [the hands] are abrogated by two hadiths:
One of them they narrated from Ibn ‘Abbas, he said: “Allah’s Messenger (Alah bless him and grant him peace) used to raise his hands everytime he bowed and everytime he rose, and then it shifted to the opening of Salah, and it was abandoned in other than that [part of Salah].”
The second they narrate from Ibn al-Zubayr that he saw a man raising his hands when bowing, so he said: “Stop, for indeed this is a thing the Messenger of Allah (Allah bless him and grant him peace) did and then he left it.”
These two hadiths are not known at all, and the preserved [narration] from Ibn ‘Abbas and Ibn al-Zubayr is contrary to this, as Abu Dawud transmitted from Maymun al-Makki that he saw Ibn al-Zubayr, and he prayed with them gesturing with his hands when standing and when bowing and when prostrating. He said: “Then, I went to Ibn ‘Abbas and I informed him of this, and he said: ‘If you wish to look at the Salah of Allah’s Messenger (Allah bless him and grant him peace), then follow the Salah of Ibn al-Zubayr.’” If this is authentic³, the claim of abrogation is incorrect because from the conditions of an abrogater is its being stronger than the abrogated. (1:206)
I say: The best [proof] that is used as evidence for abrogation is what we explained earlier that there are hadiths transmitted on raising [the hands] which you admit to being abrogated, like raising [the hands] upon rising from the two prostrations, and raising [the hands] between the two prostrations and other than that. Hafiz [Ibn Hajar al-‘Asqalani] said in Fath al-Bari:
Al-Tahawi narrated the hadith of the chapter [i.e. the hadith of Ibn ‘Umar] in his Mushkil al-Athar through the route of Nasr ibn ‘Ali from ‘Abd al-A‘la with the wording: “He would raise his hands in every upward and downward movement, and bowing, prostration, standing and sitting, and between the two prostrations, and he mentioned that the Prophet (Allah bless him and grant him peace) would do that.” This narration is anomalous, since al-Isma‘ili and a group narrated from his teachers who were huffaz from the aforementioned Nasr ibn ‘Ali with the wording of ‘Ayyash, the teacher of al-Bukhari. He and Abu Nu‘aym also narrated it through other paths from ‘Abd al-A‘la in like fashion. (2:155)
I say: Hafiz [Ibn Hajar al-‘Asqalani’s] silence on the narrators of al-Tahawi indicates they are trustworthy, and the addition of a trustworthy narrator is acceptable as long as it does not contradict and negate the narration of other trustworthy narrators, and here this is so, since harmonisation is possible in that his (Allah bless him and grant him peace) practice in raising [the hands] differed, so sometimes he would raise [the hands] in every upward and downward movement and standing and sitting [postures] and sometimes he would not raise [his hands] in some places, so Ibn ‘Umar narrated both practices according to what he saw. Hence, neither of the hadiths will be disregarded for the other when this is the case.
Al-Bukhari said in Juz’ Raf‘ al-Yadayn:
That which Ibn ‘Umar, ‘Ali and Abu Humayd amongst ten Sahabah added of raising [the hands] upon standing from two rak‘ahs, it is authentic, because they did not report about one Salah, so they differed on it, and each of them only added to the other, and an addition is accepted according to the scholars. This is mentioned in Fath al-Bari (2:184).
I say: This supports what we said of harmonising between the hadiths. Therefore, it is not correct to reject what al-Tahawi narrated. How [can it be correct], when we have found a good corroborant for what he narrated which is what is mentioned in the Musnad of Ahmad (2:310):
‘Abd Allah narrated to us: My father [i.e. Imam Ahmad] narrated to us: Nasr ibn Bab narrated to us: from Hajjaj from al-Dhayyal ibn Hurmulah: He said: I asked Jabir ibn ‘Abd Allah: “How many were you on the day [you pledged under] the tree?” He said: “We were 1400.” He said: “And the Messenger of Allah (Allah bless him and grant him peace) would raise his hands in every takbir of Salah.”
Ahmad said about Nasr ibn Bab: “There was no harm in him” as mentioned in Ta‘jil al-Manfa‘ah (p. 431). Hajjaj is Ibn Artah whose trustworthiness has been explained earlier in the book. Al-Dhayyal ibn Hurmulah was declared trustworthy by Ibn Hibban as [mentioned] in Ta‘jil al-Manfa‘ah (p. 122).
Ibn Majah narrated in his Sunan:
Hisham ibn ‘Ammar narrated to us: Rifdah ibn Quda‘ah al-‘Asali narrated to us: al-Awza‘i narrated to us from ‘Abd Allah ibn ‘Ubayd ibn ‘Umayr from his father from his grandfather ‘Umayr ibn Habib, he said: “The Messenger of Allah (Allah bless him and grant him peace) would raise his hands with every takbir in the prescribed Salah.”
I say: Its narrators are all trustworthy except Rifdah ibn Quda‘ah who is disputed. Hisham ibn ‘Ammar declared him trustworthy and others weakened him as mentioned in Tahdhib al-Tahdhib (3:283). Therefore his hadiths are hasan. Ahmad weakened it because ‘Abd Allah is not known to narrate from his father ‘Ubayd as mentioned in Tahdhib al-Tahdhib (3:284). I say: Hafiz [Ibn Hajar al-‘Asqalani] said in the biography of ‘Ubayd ibn ‘Umayr: “His son ‘Abd Allah narrated from him, and it was said that he did not hear from him.” (7:71) This indicates that the preferred view is that he did hear from him, and even if disconnection between trustworthy narrators is conceded, that is not a defect according to us, and the hadith is valid as a follow-up to what Ahmad narrated from Jabir and al-Tahawi from Ibn ‘Umar.
This proves that raising the hands was, at the beginning, in many places of Salah, and then it was left in some places by agreement, and it has been narrated from Ibn Mas‘ud, ‘Ali and their companions, [Abu Bakr] al-Siddiq, ‘Umar ibn al-Khattab and al-Bara’ ibn ‘Azib (Allah be pleased with them) and others from the Sahabah and Tabi‘in what indicates that raising [the hands] upon bowing and rising from it was also left, and this is established from them with authentic chains as has preceded. Hence, what we have adopted is stronger from the perspective of narration and comprehension both. And all praise is to Allah.
[Footnotes to Part Four]
1. I [Mawlana Zafar Ahmad al-‘Uthmani] say: This is opposed by what is mentioned in Fath al-Bari: “Ibn ‘Abd al-Barr said: ‘All from whom not raising [the hands] when bowing and rising from it was narrated, his practice was narrated from him, besides Ibn Mas‘ud.’ Muhammad ibn Nasr al-Marwazi said: ‘All the scholars of the towns have agreed on its lawfulness besides the people of Kufa.’ Ibn ‘Abd al-Barr said: ‘No one narrated the omission of raising [the hands] at these two [times] besides Ibn al-Qasim. That which we adopt is raising [the hands at these times] because of the hadith of Ibn ‘Umar which Ibn Wahb and others narrated from Malik, and al-Tirmidhi did not relate any [opinion] besides this from Malik.’ Al-Khattabi transmitted, followed by al-Qurtubi in al-Mufhim, that it is the last of Malik’s two opinions and the most authentic of them. And I have not found any proof or basis for the Malikis leaving it except the statement of Ibn al-Qasim.’” (1:182) Al-Nawawi said in Sharh Muslim: “Abu Hanifah, his companions and a group of the people of Kufa said it is not recommended in other than the opening, and this is the most famous of the narrations of Malik.”
2. Al-Zayla‘i said: Shaykh [Ibn Daqiq al-‘Id] said in al-Imam: “Al-Hakim’s assured opinion that the ten narrated it is, according to me, not good, since certainity is only when the hadith is established and authentic, and it [i.e. the narration of raising the hands before and after bowing] is probably not authentic from all of the ten.” (1:217) I say: Likewise the certainty of al-‘Iraqi and others that its narrators from the Sahabah reach fifty is not good so long as the narration from them is not established with authentic chains, and probably it is not authentic except from a few of them; since the most authentic of the narrations on raising [the hands before and after bowing] is the hadith of Ibn ‘Umar and it has been disputed, as Salim narrated it traced [to the Prophet (peace and blessings be upon him)] while Nafi‘ narrated it halted [at Ibn ‘Umar], since he mentioned it from the practice of Ibn ‘Umar, and Malik narrated it in al-Muwatta’ and did not mention in it raising [the hands] upon bowing. Details can be found in Nasb al-Rayah (1:212-3). And Allah knows best.
3. This narration is not authentic because Maymun al-Makki is unknown (majhul) as mentioned in al-Taqrib, and Ibn Lahi‘ah is in the chain who was criticised.