Secondly, if it is haram to pray the offensive prayers in these times, with regards to its in’iqād (fulfillment), there are two wajhs (opinions of the ashāb) related by the Khurāsānis. The aśah (relied upon) according to them is that there is no in’iqād, just like fasting on the day of ‘ēid. The second is that there is in’iqād, just like praying where the camels lie down around the water (a’tān al-ibl) or the hot baths (hammām). This is because during these times, a number of prayers are accepted, unlike the day of ‘ēid.
ash-Sheikh Abū ‘Amr bin Śalah, may Allah have mercy upon him, said
The basis of the two wajhs is whether the prohibition is attributed to the prayer itself or an external matter. He said this does not predicate us into saying that : this is makrūh tahrīm. This is because it is contrary to what it’s generality indicates. Similarly, that: this is tanzīh prohibition, also, opposing its śiha (acceptedness) when it refers to the prayer itself. This is because if it is śiha, then it is an enjoined worship while amr (enjoinment) nahy (prohibition) referring to something itself is conflicting. This is as what is stated in uśūl fiqh.
Slide1
Depiction of Ibn Śala’s quote
If one makes naźr (vow) to specifically pray in these times, if we say: the ‘aqd of the prayer is fulfilled, his vow is śah (accepted), otherwise it is not accepted. If his bow is śah, the more appropriate (awla) is that he prays at others times. However if he prays during this period, it suffice just like one who makes naźr to sacrifice a sheep, slaughtering it with an inappropriate (maghśūb) knife, his naźr is śah and he slaughters with other than the maghśūb knife. If he does so, he has committed a sin, but his sacrifice suffices.
If he naźr to make prayer in general, for this, he should pray in these times without khilāf because there is sabab (reason) for it.
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