If Jumah coincides with Eid is it still obligatory to perform Jumah ?

According to the Hanafi, Shaaf'ee and Maaliki Madhab, if Eid falls on a%0D%0AFriday, then the Eid Salaat and Khutbah will not suffice for Jummu'ah. The%0D%0Ajurists have ruled that these are two different commandments and cannot be%0D%0Acombined under any circumstance. (I'laaus Sunan vol.8 pg.92)%0D%0A%0D%0AAccording to the Hambali Madhab, we have managed to trace a view of Imaam%0D%0AAhmad ibn Hambal (RA) who says that the Eid Salaat will suffice for the%0D%0AJummu'ah, hence, after the Eid Salaat, the next Salaat that a person will%0D%0Ahave to perform is the Asr Salaat on that Friday. (Tahtaawi pg.288). The%0D%0AAhaadith that were mentioned by the Imaam are the very same ones which the%0D%0AHambalis use to support their Madhab. Before answering these Ahaadith, we%0D%0Aneed to understand a few things which are of vital importance.%0D%0A%0D%0AThere are four authentic sources in Deen from which any Mas-ala (rule) must%0D%0Abe established. These are Qur'aan, Hadith, Ijmaa (consensus) and Qiyaas%0D%0A(analogy). As long as a Mas-ala is established by anyone of these four%0D%0Asources, it will be considered to be part of our Deen. It is not necessary%0D%0Afor a Mas-ala to be established only by Qur'aan and%2For Hadith. The Qur'aan%0D%0Aand Hadith mention guidelines and fundamental laws from which the expert%0D%0Ajurists extract and derive various Masaail. It is not the work of any%0D%0Aordinary person to 'glance' at verses of the Qur'aan or Hadith and then draw%0D%0Aup his own conclusions. This is the work of the experts. The four great%0D%0AImaams had sound knowledge of every branch of Deen which made them qualify%0D%0Ato extract different Masail after deep study and research into the Qur'aan%0D%0Aand Hadith. It is, therefore, Waajib and compulsory for us to follow them in%0D%0Aunderstanding our Deen. Similarly, a person is not allowed to follow his own%0D%0Adesires by sometimes following one Imaam and at times another. It is Waajib%0D%0Ato follow one Imaam in all his verdicts.%0D%0A%0D%0ANow that we have understood the above, our subject matter is 'will Eid%0D%0ASalaat suffice for Jummu'ah?' We must understand that the obligation of%0D%0AJummu'ah is explicitly mentioned and established by the Qur'aan, the%0D%0Astrongest of all proofs is Qur'aan. One who denies any verse of the Qur'aan%0D%0Awill become a Kaafir. On the other hand, the obligation of Eid Salaat is%0D%0Aestablished through Hadith. Undoubtedly, the Hadith is a very strong proof,%0D%0Abut of a lower degree than Qur'aan. One who denies something that is%0D%0Aestablished through Hadith will not become a Kaafir. Keeping this in mind,%0D%0Aeven a person of little understanding will be able to come up to this simple%0D%0Aconclusion that how can something that is proven from Hadith have so much of%0D%0Apower and strength that it totally cancels something that is clearly and%0D%0Aexplicitly proven from the Qur'aan? How can the Eid Salaat abrogate the%0D%0Aobligation of Jummu'ah?%0D%0A%0D%0AFurthermore, there are a few Ahaadith (as mentioned by the Imaam) which%0D%0Aoutwardly show the permissibility of missing Jummu'ah when Eid falls on a%0D%0AFriday. These Ahaadith have slight variations but the gist of all is%0D%0Asimilar. As an example, to understand this Mas-ala properly we will look at%0D%0Aone narration: Hadhrat Abu Hurayra (Radhiallaahu Anhu) reports that (on%0D%0AFriday, the day of Eid), Nabi (Sallallaahu Alayhi Wasallam) addressed all%0D%0Ahis companions saying, 'Today, two Eids have gathered together (Eid and%0D%0AJummu'ah). Whosoever from you wishes, then this Salaat (Eid) will suffice%0D%0Ahim for Jummu'ah. We will soon gather again if Allah wills.' (Ibn Maajah%0D%0Apg.93)%0D%0A%0D%0AFirstly, the Muhadditheen who are the esperts in the field of Hadith have%0D%0Amentioned that the authenticity of these narrations is disputed. However,%0D%0Aeven if we have to accept the authenticity of these narrations, then another%0D%0Aanswer is that during the time of Nabi (Sallallaahu Alayhi Wasallam), people%0D%0Afrom outside the city of Madinah living in the farmlands and villages, used%0D%0Ato come to Madinah and gather for the Eid Salaat. At this point, we have to%0D%0Aremember that just as how Eid Salat is not Waajib on those living out of the%0D%0Acity, on farms, villages, etc. similarly, Jummu'ah is also not Waajib on%0D%0Athem. (Tahtaawi pg.288)%0D%0A%0D%0AThese bedouins and villagers who come to Madina came on their own will out%0D%0Aof joy and happiness, being the day of Eid. The Eid Salaat, as we know, is%0D%0Aperformed a little after sunrise in the morning. It was, therefore,%0D%0Adifficult for these villagers to stay behind in the city after performing%0D%0Athe Eid Salaat and wait for Jummu'ah. This is what is being referred to in%0D%0Athese narrations. Looking at all these narrations, with slight variations,%0D%0Aone narrations says that Nabi (Sallallaahu Alayhi Wasallam) said,%0D%0A'Whomsoever wishes he may perform Jummu'ah Salaat and whosoever wishes he%0D%0Amay return.' Nabi (Sallallaahu Alayhi Wasallam) was addressing the bedouins%0D%0Aand villagers here because, for them to stay behind till Jummu'ah was a long%0D%0Await and would be difficult for them. Since Jummua'h was not Waajib on them,%0D%0ANabi (Sallallaahu Alayhi Wasallam) said to them that if they wished to%0D%0Areturn to their farmlands, they are at will to do so. The proof to say that%0D%0Athis law was said only for the bedouins is that in the first narration of%0D%0AAbu Hurayra (Radhiallaahu Anhu), Nabi (Sallallaahu Alayhi Wasallam) said,%0D%0A'We will soon gather again if Allah wills', i.e. here Nabi (Sallallaahu%0D%0AAlayhi Wasallam) addressing the people of the city says to them that very%0D%0Asoon we will be gathering for Jummu'ah. Therefore, the standard answer to%0D%0Aall these narrations is that Nabi (Sallallaahu Alayhi Wasallam) did give%0D%0Apermission to miss Jummu'ah if Eid falls on a Friday but this permission was%0D%0Aonly for the bedouins because Jummu'ah was not Waajib on them at all in the%0D%0Afirst place. In order to substantiate this even more further, we will look%0D%0Aat another narration. Hadhrat Uthmaan (Radhiallaahu Anhu) in his time, once%0D%0Aaddressed the congregation after the Eid Salaat which also fell on a Friday.%0D%0AHe said to them, 'Whomsoever from amongst the villagers wishes to wait for%0D%0AJummu'ah, then he may do so and whomsoever wishes to return then I have%0D%0Agranted him permission.' (Muwatta pg.165)%0D%0A%0D%0ALook at this narration. It is clearer than broad daylight that this%0D%0Apermission was only for the villagers. Furthermore, in this narration,%0D%0AHadhrat Uthmaan made this statement in front of a large gathering of great%0D%0ASahaaba (Radhiallaahu Anhum). If this permission was general and included%0D%0Athe people of the city also, then the Sahaaba would have opposed and raised%0D%0Aobjections immediately against Hadhrat Uthmaan (Radhiallaahu Anhu) as to why%0D%0Awas he granting special permission only for the Bedouins and not for the%0D%0Apeople of the city. In view of the above, and in brief, we will say that if%0D%0Awe do accept these narrations to be authentic then too the permission to%0D%0Askip Jummu'ah and suffice on Eid Salaat was only for the villagers simply%0D%0Abecause Jummu'ah was not Waajib upon them.%0D%0A%0D%0AThe second question was with regards to women in their menstrual period%0D%0Acoming to the Eid Salaat. During the time of Nabi (Sallallaahu Alayhi%0D%0AWasallam), women used to go to the Masaajid and also be present for the Eid%0D%0ASalaat. There are narrations of type where Nabi (Sallallaahu Alayhi%0D%0AWasallam) permitted the women to attend the Eid Salaat. What we need to%0D%0Aunderstand is the reason behind this permission. Why was such permission%0D%0Agranted? During that time, Islam and the Muslims were small as compared to%0D%0Athe non-believers. When the Muslims came out to perform the Eid Salaat, then%0D%0Athe women would also join them so as to make the Muslims larger in number%0D%0Aand more in strength, thereby, putting fear into the hearts of the enemy.%0D%0ABut in times later on, when Islam grew and the numbers increased then%0D%0Aautomatically there was no need for this. Moreso, in today's times when the%0D%0Alevel of vice and evil is beyond control, there stands all the more reason%0D%0Afor women not to attend the Eid Salaat. The Qur'aan also mentions that women%0D%0Ashould stay indoors. For women to attend the Eid Salaat is Mustahabb in%0D%0Alight of the permission granted by Nabi (Sallallaahu Alayhi Wasallam), but%0D%0Abecause of the fear of Fitnah and looking at the evils and corruption,%0D%0Aespecially, in our times, the Fuqahaa have ruled that it is not permissible.%0D%0A%0D%0ALet alone our times today, after the demise of Rasulullah (Sallallaahu%0D%0AAlayhi Wasallam) , during the time of Sahaba (Radhiallaahu Anhum), some of%0D%0Athem were also of the same view. That is why Hadhrat Aaisha (Radhiallaahu%0D%0AAnha) is also reported to have said, 'Had the prophet (Sallallaahu Alayhi%0D%0AWasallam) been alive in these days, he would have certainly prohibited the%0D%0Awomen from attending congregational Salaat.' Hadhrat Aaisha (Radhiallaahu%0D%0AAnha) makes this statement with regards to her time - the time of Sahaaba%0D%0A(Radhiallaahu Anhum) - the time when the leve of Islam was at its peak. In%0D%0Atoday's day and age of evil and corruption, it shows us that it is all the%0D%0Amore reason for women to be prohibited from leaving the home for any form of%0D%0Acongregational Salaat.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMoulana Asad Haffejee%0D%0ASTUDENT: DARUL IFTA%0D%0A%0D%0ACHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai (Head: Darul Ifta); Mufti Muhammad Kadwa (Darul Ifta); Moulana Muhammad Haroon Abbassommar (Faculty of Specialty in Hadith)