Abu Dawud

Since in authentic ahadith there is a general ruling that after the Fajr prayer, no prayer is to be performed until the sun has risen clearly, and after the Asr prayer, no prayer is to be performed until the sun has set (Sahih al-Bukhari, Mawaqit al-Salah, Hadith 586 and Sahih Muslim, Salat al-Musafirin, Hadith 827), therefore, this statement serves as a specific exception: that in the House of Allah (Bayt Allah), performing tawaf after Asr and likewise after Fajr is permissible. Accordingly, after this, the rak‘ahs of tawaf in these prohibited times will also be permissible.

Is Masjid al-Haram exempt from the disliked times?
The hadith which is used as evidence that Masjid al-Haram is exempt from the aforementioned three disliked times is as follows:
It is narrated from Jabir bin Mut’im radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: «يا بـنـي عبد مناف لا تمنعوا أحدا طاف بهذا البيت وصلى أية ساعة شاء من ليل أو نهار» “O descendants of Abd Manaf! Do not prevent anyone from performing tawaf (circumambulation) of the House of Allah, nor from performing prayer at any hour of the night or day.”
[صحيح: صحيح ترمذى 688، أبو داود 1894، كتاب المناسك: باب الطواف بعد العصر، ترمذي 868، نسائي 2924، ابن ماجة 1254، بيهقى 461/2، أحمد 80/4]

(Ahmad rahimahullah, Shafi’i rahimahullah, Ishaq rahimahullah, Tahawi rahimahullah) It is permissible to perform prayer and tawaf in Makkah even during the disliked times.
(Siddiq Hasan Khan rahimahullah) also holds this view.
(Abdur Rahman Mubarakpuri rahimahullah) maintains the same position.
(The majority) give preference to the aspect of dislike and act upon the hadiths of prohibition.
(Abu Hanifah rahimahullah, Muhammad rahimahullah, Abu Yusuf rahimahullah) are of this opinion. [تحفة الأحوذى 714/3 - 710، الروضة الندية 212/1، سبل السلام 238/1]
(Nawawi rahimahullah) states that there is consensus of the Ummah that during the prohibited times after ‘Asr, any prayer without a specific cause is disliked, and there is also consensus that it is permissible to perform obligatory prayers during these times. However, there is a difference of opinion regarding the performance of such voluntary prayers (nawafil) that have a specific cause, such as Tahiyyat al-Masjid (greeting the mosque), Sujud al-Tilawah (prostration of recitation), Sujud al-Shukr (prostration of gratitude), Eid prayer, eclipse prayer, and funeral prayer, etc. [شرح مسلم للنووى 274/3]
(Muhammad Subhi Hasan Hallaq) states that this hadith does not prove the permissibility of prayer during the mentioned (disliked) times; rather, it only commands the descendants of Abd Manaf not to prevent anyone from performing tawaf of the House of Allah or from praying at any time.
[التعليق على الروضة الندية 212/1]
(Albani rahimahullah) also holds this view and further states that one should not understand from this hadith that the prohibition of prayer during these times applies only outside the House of Allah. [التعليقات الرضية على الروضة الندية 241/1]
(Preferred opinion) The statement of Shaykh Albani rahimahullah appears to be the prevalent view. «والله اعلم»

586. Commentary: The jurist-hadith scholars have deduced from this narration that there is no disliked (makruh) time for performing voluntary (nafl) prayers in the House of Allah (Baytullah), because it is a place of honor and greatness. People benefit from it at all times. The prayer performed there at any time cannot resemble that of the non-Muslims. Therefore, not only is it permitted to perform two units (rak‘ahs) after circumambulation (tawaf), but there is a general concession to perform voluntary prayers at any time, as is supported by the narration in Ibn Hibban in these words: «یا بني عبدالمطلب ! إن کان الیکم من الأمر شی فلا أعرفن أحدا منھم أن یمنع من یصلي عند البیت أی ساعة من لیل اونھار» “O Banu Abd al-Muttalib! If authority comes to you, I do not know of any (person in authority) among you who would prevent someone who wishes to pray in the House of Allah at any hour of the day or night.” [صحیح ابن حبان : 4؍420 ، حدیث : 1552]

From this hadith, there is also permission to perform general voluntary prayers during the disliked times. Therefore, the narrations of prohibition will be specified by this hadith, and thus all narrations will be acted upon. However, the Hanafi scholars, based on the narrations of prohibition, have abandoned this hadith and other narrations of similar meaning. They have interpreted this hadith to mean that the Prophet (sallallahu alayhi wa sallam) forbade the custodians of the Haram from preventing worshippers from entering the mosque, not that he permitted worshippers to pray at all times. But this is contrary to the explicit statement of the authentic hadith above, and it also necessitates abandoning the narrations of clear permissibility. Is it not better that the general narrations of prohibition be specified by these narrations so that all are acted upon? Reflect on this.

Since the ahadith specify only the House of Allah (Baytullah), this permission does not include the Haram or the whole of Makkah. Here, apparently, by “Makkah” only the House of Allah is meant, as is mentioned in the ahadith. And the narration in which the whole of Makkah is exempted is weak in its chain; in its chain is Abdullah ibn Mu’ammal, who is a weak narrator. And Allah knows best.

(1) By the descendants of Abd Manaf is meant the family of the Messenger of Allah (sallallahu alayhi wa sallam) himself. Many services of the House of Allah (Bayt Allah) were assigned to them. They were considered the custodians of the House of Allah.

(2) From this hadith, it has been deduced that there is no disliked or prohibited time for circumambulation (tawaf) and prayer in the House of Allah. Regarding tawaf, there is consensus that it is permissible at all times, but there is a difference of opinion regarding prayer. The Hanafi scholars are of the view that during disliked times, prayer is also prohibited in the House of Allah, for example: from the morning prayer (fajr) until the sun rises high, and from the afternoon prayer (asr) until sunset. Imam Shafi’i (rahimahullah) has declared the two units (rak‘ahs) of prayer after tawaf to be permissible at all times, because when tawaf itself is permissible at all times, then its completion (i.e., the two rak‘ahs) should also be permissible at all times. And this is a reasonable argument. The preferred opinion is that, like tawaf, prayer is also permissible at all times. This permission is not only for the rak‘ahs after tawaf, but applies generally to voluntary (nafl) prayers as well.

(3) It is understood that the House of Allah should not be closed at any time. It should remain open at all times for prayer and tawaf. The same should be the case for ordinary mosques, provided there is no risk of harm, otherwise, out of necessity, a lock may be placed. It is better that valuable items or surplus belongings be kept in the inner section, so that only that part needs to be closed when necessary. An outer section should remain open at all times for prayer. Mosques should remain the houses of Allah, not locked up like people’s homes, so that worshippers can perform obligatory or voluntary prayers at any time. However, the Ka‘bah itself is locked, because generally neither prayer is performed inside it nor is tawaf done inside; all of this takes place outside.

Commentary:
1:
And this is the most preferred and closest (to the truth) view.

2:
What is mentioned in this chapter, its summary is that in Makkah, the consideration of disliked and prohibited times does not apply. (Especially regarding the two units of prayer after circumambulation [tawaf]), whereas in general places, no voluntary (nafl) prayer is performed after Fajr and Asr.

Benefits and Issues:

➊ There is no fixed time for performing the circumambulation (tawaf) of the Sacred House (Baytullah), nor is there any time in which performing tawaf is prohibited.

➋ After completing the seven circuits of the Ka'bah in tawaf, two units (rak‘ahs) of prayer must be performed. Since this prayer is connected to tawaf, it too can be performed at any time. There is no disliked (makruh) time for it.

➌ In the hadith, only the permission to perform prayer at any time inside Masjid al-Haram is mentioned. Imam Ibn Majah rahimahullah understood from this the permissibility of prayer throughout the entire city of Makkah. It is possible that by declaring the permissibility of prayer at any time in Makkah, his intent was the permissibility of prayer at any time in Masjid al-Haram. And Allah knows best.

➍ From the mention of prayer along with tawaf, it can be deduced that what is intended is the permission to perform the two units (rak‘ahs) of tawaf at any time. However, if the generality of the wording is considered, then the performance of general voluntary prayers (nawafil) can also be deemed permissible.

Lexical Explanation:
«يَابَنِي عَبْدِ مَنَافٍ» The descendants of Abd Manaf are addressed here because at that time they were the custodians of the Ka'bah.
«وَصَلّٰي أَيَّةَ سَاعَةٍ . . . إلخ» These words indicate permission to perform prayer even during the three prohibited times. This hadith specifies an exception to the general ruling, meaning that in the House of Allah (Baytullah), prayer can be performed at any time.

Benefits and Issues:
➊ Which prayer is being permitted in this hadith? Some scholars are of the opinion that it refers to the supererogatory prayers (nawafil) performed after circumambulation (tawaf) of the Ka'bah, not general supererogatory prayers. However, a hadith narrated in Abu Dawud indicates that general supererogatory prayers are also meant. [سنن أبى داود، المناسك، باب الطواف بعد العصر، حديث : 1894] This is also the opinion of Imam Shafi'i rahimahullah.
➋ The majority of scholars do not apply the prohibition of prayer during the three specified times to supererogatory prayers performed in the Ka'bah. Based on this hadith, they permit performing prayer and similar acts in the Sacred House (Baytullah Sharif) even during those times.

Narrator of the Hadith:
(Sayyiduna Jubayr bin Mut'im radi Allahu anhu) His kunyah was Abu Muhammad or Abu Umayyah. "Jubayr" is the diminutive form of Jabir. His full name was Jubayr bin Mut'im bin Adi bin Nawfal al-Qurashi. He was a person of gentle temperament and dignified character. He was knowledgeable about the genealogies of the Quraysh. He accepted Islam before the conquest of Makkah and came to Madinah. There is a difference of opinion regarding the year of his death: he passed away in Madinah in either 54, 57, or 59 AH.
Abd Manaf: the slave of Manaf. Manaf was a famous idol. His mother made him a servant of Manaf, hence he was called Abd Manaf, otherwise his real name was Mughira, and his kunyah was Abu Abd Tamis. He was related to both Banu Makhzum and Banu Abd Manaf. It should be noted that this Abd Manaf was the great-grandfather of the Messenger of Allah sallallahu alayhi wa sallam. He was considered a respected chief of the Quraysh.

Benefit:
It is established from this hadith that the prohibited times for prayer do not apply inside the House of Allah (Baytullah); rather, anyone may perform prayer there at any time they wish. The prohibition of prayer at certain times pertains to places other than the House of Allah. Furthermore, this hadith contains a prophecy that the circumambulation (tawaf) of the House of Allah will be performed twenty-four hours a day, and prayer will be offered in the House of Allah twenty-four hours a day. How great a truth this is, which today the entire world is witnessing with their own eyes (and all praise is due to Allah).