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blocks the paths of evil. One is permitted to leave that which is better for the purpose of saving the unity of muslims; just like what the prophet ( - صلى الله عليه وسلم -) did when he ( - صلى الله عليه وسلم -) refrained from rebuilding the Ka’bah on the original basis built by Ibr?h?m ( - صلى الله عليه وسلم -) for the people of Quraish were newly converted muslims and such an action would negatively affect their faith. Ibn Mas‘?d ( - رضي الله عنه -) did nearly the same when he performed [four Rak‘ah] Sal?t behind ‘Utham?n ( - رضي الله عنه -) [ although the former believed that a muslim must perform only two Rak‘ah Sal?t at this position]. When Ar-Rab‘? rebuked Ibn Mas’?d ( - رضي الله عنه -) for doing so, the later said: ‘Indeed, disunity is evilness’.

Im?m Ahmad and others followed the same manner when discussing the issue of reciting Basmalah and doing the Witr Sal?t three consecutive Rak‘ahs, they all forsook that which is better for that which is permitted for the sake of keeping muslims’ unity, teaching them the Sunnah and keeping the ways of evil blocked. This is a great Fiqh fundamental principle’. (1)

Ash-Shawk?n? followed the same path when he condemned those who force other people to recite the Basmalah silently and punish them if they do not. He said; ‘what we have mentioned earlier suffices as a deterant for those who condemn others [for reciting Basmalah secretly] if they are of those who deeply comprehend All?h’s ( - عز وجل -) commands and realize the proper time at which they may condemn those who violate them and chase them a way from evil to the right path.

Regarding the point under discussion, condemnation here is considered as rejecting Ma‘r?f [that which is good] and causing disunity amongst Muslims depending on no strong proof nor clear evidence revealed by All?h ( - عز وجل -) ’. (2)

As for the second group [who abandons Sal?t behind the Imams who do not recite the Basmalah loudly], we would like to recite the following had?th:

(1) “Nasbur R?yah” (vol. 1 / p. 328). See also: Ahmad’s Sh?kir commentary on “J?mi‘ At-Tirmith?” (vol. 2 / p. 19 - ... ).

(2) Quoted from a treatise by Ash-Shawk?n? which includes answers for questions raised by the great ‘?lim ‘Abdull?h Ibn Muhammad Al-’Amir. The manusript (p. 9).

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