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Ab? S?lih said: ‘I once saw Ab? Sa‘?d Al-Khudr? performing Sal?t towards a Sutrah lest people pass in front of him and this was on Friday. A young man from Ban? Mu‘ait wanted to pass between him and his Sutrah but Ab? Sa‘?d pushed him back. The young man could find no alternative but to pass in front of Ab? Sa‘?d. And again, Ab? Sa‘?d pushed him back by the chest more strongly than before -getting angry with Ab? Sa‘?d- the young man went to complain to Marw?n. Ab? Sa‘?d followed him to Marw?n. The latter inquired: ‘What is the matter between you and your nephew Ab? Sa‘?d?’ He said: ‘I heard the prophet ( - ) say: (the had?th)’. (1)

The two aforementioned ah?d?th state the legality of pushing back the one who tries to pass in front of a praying person. The Fuqah?’ stated that “pushing back” should be done in the most lenient way at first, if the passer by insists on passing, the praying person can resort to the most aggrisive way even if this leads to the passer’s death; just like fighting the one who wants to kill you or rob your money. This kind of fighting is permissible and no compensation is to be paid. (2)

Q?d? Iy?d said: ‘They [i.e. the ‘Ulamah] agreed that the prophet’s ( - ) had?th does not entail to fight the passer by with a weapon nor with any thing that causes his death. If one pushes him and this push caused his death, no punishment is to be executed -as unanimously agreed amongst scholars.

The ‘Ulamah, however, disagreed as whether blood money is to be paid or not; Im?m M?lik reportedly held the two opinions.

The ‘Ulamah also agreed that the praying person is not permitted to walk towards the passer by to push him back; he should do so from his place for walking while doing Sal?t is a more grievous deed than being passed by from a far away distance. One is permitted to push the passer by back according to how far one’s hand could reach and this is the reason why a praying person

(1) Narrated by: Al-Bukh?r? in his “Sah?h” (vol. 1 / pp. 581 - 2) (no. 509).

(2) See: “Sharh Sah?h Muslim” by An-Nawaw? (vol. 4 / p. 223), “Fathul B?r?” (vol. 1 / p. 583) and “Al-Muhall?” (vol. 3 / p. 132).

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