In Talimul Haq it mentions that committing a makruh act- you don’t need to repeat the salat and it lists thereunder some acts which are makruh tahrimi e.g praying while need to relieve oneself. In Heavenly Ornaments it also does not mention that we need to repeat the prayer for a makruh act.
However another fatwa website says you need to and gives the ruling from Ibn Abidin’s text, I think it’s called durr muhtar. is there a legitimate difference of opinion on this or do we have to follow Ibn Abidin’s text as that is the one relied upon in the madhhab?
Answered by: Mufti Abdullah Nana
Verified by: Mufti Abdurrahman ibn Yusuf
In the name of Allah, Most Gracious Most Merciful
Wassalam. It is very important for a person to follow those views which are given preference to in the Hanafi Madhab and upon which the Ulema have given fatwa on. Sometimes a book of Fiqh in the Hanafi Madhab will mention a view which is contrary to that upon which Fatwa is given. Our job is to refer to those specialist scholars who can tell us which is the preferred view to follow. In their post graduate studies, Muftis learn the art of determining which is the view upon which the fatwa is given. Raddul Muhtar is one of the most authentic books in the Hanafi Madhab and is one of the best sources for finding out the view upon which Fatwa is given. Ibn Abidin Shami is the author of Raddul Muhtar which is a commentary of Durrul Mukhtar written by Allamah Haskafi.
The view upon which fatwa is given in the Hanafi Madhab regarding a Salah in which an Makruh Tahrimi act was carried out is that it is wajib (necessary) to repeat this Salah as long as that particular Salah time does not expire. After the time does expire, a person no longer has to repeat that Salah. However, he should seek forgiveness from Allah over his action. The Grand Mufti of India, Mufti Mahmud has given a fatwa to this effect based on the text of Raddul Muhtar. (Fatawa Mahmudiyah v.2 pg. 143). There are also two other places in Raddul Muhtar of Ibn Abidin which corroborate this. (Raddul Muhtar v. 1 pg. 457/ v. 2 pg. 64 H.M. Saeed)
The scholars have differentiated between that Salah which is performed with an action which is Makruh Tahrimi and that which is Makruh Tanzihi. The latter does not have to be repeated while the former does. It is possible that Talimul Haq and The Heavenly ornaments mentioned the ruling for the Salah which is performed with an action that is Makruh Tanzihi or that they have mentioned the other view in the Madhab which is not the preferred view.
Allah knows best.
Mufti Abdullah Nana