Question (Q-101)
What do the Scholars of the Ahl al-Sunnah state in relation to the following matter; if someone did not manage to perform ʿIshā with Jamāʿah (congregation) in Ramaḍān then can he join the Jamāʿah (congregation) of Witr or will he have to read Witr alone? Kindly provide guidance in relation to the details pertaining to ʿIshā, Tarāwīḥ and Witr. This will be very kind of you.
Questioners: Scholars of Kirklees (UK)
Answer:
Answer with the Help of Allah, the All Knowing
The person who does not perform ʿIshā with Jamāʿah (congregation) in the month of Ramaḍān should read Witr alone i.e by himself. It is stated in Jadd al-Mumtār, marginal notes upon Radd al-Muḥtār, Volume 1, Page 338,
المنفرد في الفرض ينفرد في الوتر
“The one who performs Farḍ by himself should perform Witr by himself.”
Al-Imām Aḥmad Riḍā قدس سره stated in Al-Fatāwā Al-Riḍawiyyah, Volume 7, Page 558,
من صلى الفريضة منفردا ليس له أن يدخل في جماعة الوتر لا مع هذا الإمام ولا مع غيره
“Whoever performed the Farḍ units alone, it is not for him to join the congregation of Witr neither with this Imām nor with other than him.”
As for the reference in some books to Ḥāshiyah Al-Ṭaḥṭāwī in which it is stated that such a person can perform Witr with Jamāʿah (congregation), this is based upon sahw (forgetfulness). However from the following wording of Ṣughayrā there is a misconception that arises in relation to permissibility (of performing Witr with congregation after having performed Farḍ alone) but my Master and Murshid (guide), Sarkār Muftī Aʿẓam (Grand Muftī of India) رحمة الله عليه stated in Fatāwā Muftī Aʿẓam, Volume 3,
“This is a complete delusion. Nobody has stated this.”
The wording of Ṣughayrā is,
وإذا لم يصل الفرض مع الإمام قيل لا يتبعه في التراويح ولا في الوتر وكذا إذا لم يصل معه التراويح لا يتبعه في الوتر والصحيح أنه يجوز أن يتبعه في ذلك كله
“When he did not perform Farḍ with the Imām it is said that he should not follow him in Tarāwīḥ and nor in Witr and similarly, if he did not perform Tarāwīḥ with him, it is stated that he will not follow him in Witr and the correct position is that it is permissible for him to follow him in all of that.”
NOTE: Please note that the above paragraph is just a quote and the ruling given here is not the preferred position as explained further on in the answer. This quote is from Ṣughayrā which has been discussed earlier along with the critical words of Muftī Aʿẓam Hind (Grand Muftī of India) Allah shower mercy upon him.
Witr with Jamāʿah (congregation) is following on to the Farḍ of ʿIshā or it is following on to Ramaḍān or it is following on to Tarāwīḥ. The statement that it is following on to Tarāwīḥ is marjūḥ (not the preferred position). The statement that Witr is following on to the Farḍ of ʿIshā is rājiḥ (the most preferred position). The meaning of Witr following on to Ramaḍān is that the performance of Witr in Jamāʿah (congregation) outside of Ramaḍān with tadāʿī (with four or more followers) is makrūh. This is why the great mujaddid (reviver – Al-Imām Aḥmad Riḍā) قدس سره stated in Al-Fatāwā Al-Riḍawiyyah, Volume 7, Page 426,
“The performance of Witr with Jamāʿah (congregation) outside of Ramaḍān, if it occurs coincidentally (sometimes) then there is no harm but holding onto this continuously has the same ruling that if there are four or more followers then it is disliked.”
It is stated in Al-Hidāyah,
لا يصلى الوتر بجماعة في غير شهر رمضان بإجماع المسلمين
“Witr will not be performed with Jamāʿah (congregation) outside the month of Ramaḍān by the consensus of the Muslims.”
It is stated in Durr al-Mukhtār,
فمصليه وحده يصليها معه
“The one who performs (the Farḍ of ʿIshā) by himself will pray it (the Tarāwīḥ with congregation) with him (with the Imām).”
It is stated in Radd al-Muḥtār,
إذا لم يصل الفرض معه لا يتبعه في الوتر
“When he did not perform the Farḍ with him, he will not follow him in the Witr.”
Sayyidunā Ṣadr al-Sharīʿah رحمة الله تعالى عليه wrote in Bahār-e-Sharīʿat, Volume 4,
“Ruling: if he performed ʿIshā with Jamāʿah and performed Tarāwīḥ by himself then he is permitted to join the Jamāʿah (congregation) of Witr. If he read ʿIshā by himself then even if he read Tarāwīḥ with Jamāʿah (congregation), he should read Witr by himself.”
This is what is stated in Jadd al-Mumtār also. If a person performed ʿIshā with Jamāʿah (congregation) but missed some units of Tarāwīḥ then it is possible for him to perform the missed units first and then join the congregation of Witr or he may join the congregation of Witr and after that complete the units that he missed. Both of these methods are permissible. It is stated in Ghunyah Al-Mustamallī Sharḥ Munyah al-Muṣallī, page 386,
إن فاتته مع الإمام ترويحة أو ترويحتان أو أكثر هل يقضيها قبل الوتر أو يوتر ثم يقضيها قال بعضهم: يوتر مع الإمام ثم يقضي ما فاته من التراويح إحرازا لفضيلة الجماعة مع أن التراويح تجوز بعده وقال بعضهم يصلي التراويح المتروكة ثم يوتر
“If he misses one Tarwīḥah (units) with the Imām or two or more, will he make up for them before Witr or will he perform Witr and then make up for them? Some Scholars said he will perform Witr with the Imām and then he will make up for what he missed from the Tarāwīḥ preserving the virtue of Jamāʿah (congregation) as Tarāwīḥ is permitted after the Witr. And some Scholars said he will perform the missed units of Tarāwīḥ first and then he will perform Witr.”
A’lāḥaḍrat ʿAẓīm al-Barakah (Al-Imām Aḥmad Riḍā) رحمة الله تعالى عليه stated in Al-Fatāwā Al-Riḍawiyyah, Volume 7, Page 422,
“The one who did not manage to catch the Imām in some units of Tarāwīḥ should perform them after the Imām completes Tarāwīḥ either before the Witr or after the Witr. Before Witr is better.”
In relation to the three statements that have been mentioned in relation to the following on of the congregation of Witr, Al-Imām Aḥmad Riḍā قدس سره beautifully brought about conformity between these statements in Al-Fatāwā Al-Riḍawiyyah, Volume 7, Page 566,
إن جماعة الوتر تبع لجماعة الفرض في حق كل أحد من المصلين ولجماعة التراويح في الجملة لا في حق كل ولرمضان بمعنى أنها تكره في غيره لو على سبيل التداعي بأن يقتدي أربعة بواحد كما في الدر عن الدرر حتى جاز اقتداء ثلاثة بإمام بلا كراهة في الأصح كما في حاشية العلامة الطحطاوي على مراقي الفلاح
“Indeed the Jamāʿah (congregation) of Witr is following on to the Jamāʿah (congregation) of the Farḍ in the right of every person performing Ṣalāh and it is following on to the Jamāʿah (congregation) of Tarāwīḥ generally (in its entirety) not in the right of all and it is following on to Ramaḍān in the meaning that it is makrūh (disliked) outside of it (i.e. outside of Ramaḍān) if it is on the way of tadāʿī as in four people follow one Imām as is stated in al-Durr from al-Durrar to the extent that it is permissible for three people to follow an Imām without karāhah (disapproval) in the most authentic position as is stated in the Ḥāshiyah (marginal notes of) al-ʿAllamah al-Ṭaḥṭāwī upon Marāqī al-Falāḥ.”
والله تعالى أعلم وعلمه أتم وأحكم
Allah, the Exalted, knows best. His Knowledge is Complete and Sublime.
Written by: Mufti Shamsulhuda Khan Misbahi (May Allah preserve him)



