It was narrated that Ash-Sh?fi‘? stated that ‘such an act is not allowed for it would disunite muslims’ unity which contradicts the very aim and rationale of this congregation. Were establishing many congregations in one mosque allowed, this would be a pretext for the one who wishes to create another congregation to do so and be its Im?m the thing which would indeed excite enmity [amongst muslims] and undermines their firm structure. This was not clear to some of the ‘Ulamah!! Indeed, he [Ash-Sh?fi‘?] deeply knew the objectives of the lows of Shar?‘ah’. (1)
(2) Ab? Bakra ( - رضي الله عنه -) related that ‘Once the prophet ( - صلى الله عليه وسلم -) arrived Mad?nah, coming back from one of its supurbs and heading to the mosque to perform Sal?t. Having seen that people have already performed their Sal?t, he ( - صلى الله عليه وسلم -) went home, gathered his house hold and led them in Sal?t’. (2)
The aforementioned had?th indicates that were creating a second congregation permissible without any detestation, the prophet ( - صلى الله عليه وسلم -) would not have left doing Sal?t in the Mosque in Mad?nah and hence gaining the doubled reward. (3)
(3) Ab? Hurairah narrated that the prophet ( - صلى الله عليه وسلم -) said: ‘I intended [or planned or was about] to order my men to collect fire-wood (fuel), then order some one to lead people in the Sal?t, then I would go and burn the houses of men who did not present themselves for the [compulsory congregational] Sal?t’. (4)
(1) “Ahkamul Qur’?n” (vol. 1 / p.103). Ash-Sh?tb? reported this view in the his Fat?w? (p.126) and stated his agreement with it.
(2) In”Al-Majma‘ “(vol. 2 / p.45), Al-Haithami said: ‘This had?th was narrated by At-Tabar?n? in “Al-Kabir and “Al-Awsat” through a chain of narrators who are all reliable. It was also narrated by: Ibn ‘Adi in “Al-K?mil” (vol. 6 / p.2398). Al-Alb?n? considered it as “A sound had?th” in “Tam?mul Minnah” (p.155).
(3) See: “Al-Mabs?t” (vol. 1 / p. 135), “Tuhfatul Ahwath?” (vol. 2 / p.10), “Al-Urf Ash-Shathi” (p.118) and “H? Shiyat Raddul Muht?r” (vol. 1 / p. 553).
(4) Narrated by: Al-Bukh?r? in his “Sah?h” (vol. 2 / p. 125) (no. 644), (vol. 2 / p. 141) (no. 657), (vol. 5 / p. 74) (no. 2420) and (vol. 13 / p. 215) (no. 7224), Muslim in ... =
= ... his “Sah?h” (vol. 1 / p.451) (no.651), M?lik in his “Muwatta’ “(vol. 1 / pp.129 - 30), Abdir Razz?q in “Al-Musannaf” (vol. 1 / pp.517 - 8), Ab? D?w?d in “As-Sunnan” (no.548) and (549), At-Tirmith? in “Al-J?mi” (no.217) and An-Nas?’? in “Al-Mujtab?” (vol. 2 / p.207).