Fath al-Rabbani

Benefits: … There are the aforementioned and several other ahadith regarding whether the Witr prayer is obligatory (wajib) or Sunnah. Since in some ahadith, the command to perform the Witr prayer is also given, discussing a hadith of this type, Shaykh al-Albani says: In this hadith, the command to perform the Witr prayer is given, and the apparent meaning of a command (amr) implies obligation (wujub); the Hanafis hold this view. However, according to the majority of scholars, the Witr prayer is not obligatory, but rather recommended (mustahabb). If, in the light of absolutely definitive proofs, there was not an exclusive mention of only five obligatory prayers in a day and night, then the statement of the Hanafis would be correct. But in light of the ahadith that indicate the obligation of only five prayers in a day, it is more appropriate to say that the command given in this blessed hadith is not for obligation, but rather for emphasis on recommendation (istihbab). There is no need to be surprised at this interpretation, because in many cases, commands mentioned in the blessed ahadith have been diverted from obligation to recommendation in light of less definitive contextual indicators. It is also noteworthy that in this matter, the Hanafis themselves have deviated from the literal meaning of the command and have not declared the Witr prayer to be obligatory like the five prayers. Their view is that the status of the Witr prayer is between the obligatory (fard) and the Sunnah prayers; in terms of evidence, this prayer is weaker than the obligatory prayers, and in terms of emphasis, it is stronger than the Sunnah prayers. It should be clear that the basis of the Hanafi statement is their specific and new terminology, with which the Companions (Sahabah) and the pious predecessors (salaf salihin) were unfamiliar. Their view is that there is a difference between wajib and fard in terms of evidence and reward; further details can be seen in their books. The meaning of the Hanafi terminology is that the one who abandons the Witr prayer will be punished less than the one who abandons the obligatory prayers; this is what their imitative school (taqlidi madhhab) requires. They will be asked: When a Bedouin expressed his resolve before the Prophet sallallahu alayhi wa sallam that he would not fall short in performing these five obligatory prayers, but would not perform more than them either, the Prophet sallallahu alayhi wa sallam said: If this man is truthful in his claim, he will succeed. (Bukhari, Muslim) The question is: When the Prophet sallallahu alayhi wa sallam gave the glad tidings of success merely on the performance of the five prayers, will there still be punishment for abandoning the Witr prayer? There is no doubt that giving the glad tidings of success on the Bedouin’s resolve is sufficient to prove that Witr is not obligatory, and for this reason, the majority of scholars agree that this prayer is Sunnah and not obligatory, and this is the correct position. Along with this, we, out of goodwill and as advice and admonition, will say that the Witr prayer should be observed regularly, and laziness and negligence in this matter should be avoided. And Allah knows best. (Sahihah: 108)

Consider two more proofs:

It is narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhu that when the Prophet sallallahu alayhi wa sallam sent Sayyiduna Mu’adh radi Allahu anhu to Yemen, among the instructions he gave him was: ((Fa-a‘limhum anna Allaha iftarada ‘alayhim khamsa salawatin fi’l-yawmi wa’l-laylah.)) That is: Inform them that Allah has made five prayers obligatory upon them in a day and night. (Sahih Bukhari, Sahih Muslim) In our view, this hadith is the clearest proof that Witr is not obligatory, because the Prophet sallallahu alayhi wa sallam sent Sayyiduna Mu’adh to Yemen shortly before his passing, but only instructed him to teach the five prayers. Readers should keep in mind that Witr is not a part of the ‘Isha prayer, but is a separate night prayer; if it were considered obligatory, then there would be six prayers in a day and night, whereas the Prophet sallallahu alayhi wa sallam, in the last days of his life, was emphasizing only five prayers.

Sayyiduna Abdullah ibn Umar radi Allahu anhu says: Kana Rasulullahi sallallahu alayhi wa sallam yusabbihu ‘ala’r-rahilah qibala ayyi wajhin tawajjaha wa yutiru ‘alayha ghayra annahu la yusalli ‘alayha’l-maktubah. … The Messenger of Allah sallallahu alayhi wa sallam used to perform supererogatory (nafl) prayers on his mount, facing whichever direction it turned (he sallallahu alayhi wa sallam did not mind this), and he sallallahu alayhi wa sallam would also perform the Witr prayer on it, but he would not perform the obligatory prayers on it. (Muslim: 700) From this hadith, it is clear that Witr is a supererogatory prayer, because the Prophet sallallahu alayhi wa sallam would perform it on his mount, whereas his practice was to perform only supererogatory prayers on his mount. It is a different matter that in case of necessity, even obligatory prayers can be performed on a mount.

Sayyiduna Talhah ibn Ubaydullah radi Allahu anhu says: A man from the people of Najd came to the Messenger of Allah sallallahu alayhi wa sallam, … , in it is: The Messenger of Allah sallallahu alayhi wa sallam said to him: ((Khamsu salawatin fi’l-yawmi wa’l-laylah.)) He said: Is there any other prayer obligatory upon me besides these? He sallallahu alayhi wa sallam said: No, except that you perform voluntary (nafl) prayers. After hearing all this, the man said that he would neither decrease from these (obligatory prayers) nor add to them. Hearing this, the Prophet sallallahu alayhi wa sallam said: If this man is truthful in his claim, he will succeed. (Bukhari, Muslim) Shaykh al-Albani has also alluded to this hadith. Imam Ahmad, Imam Shafi‘i, Imam Malik, and the majority of scholars also hold the view that the ruling of Witr is that of an emphasized Sunnah (sunnah mu’akkadah). In light of the above proofs, it is correct to say that Witr is a supererogatory prayer; since these proofs are strong, in those blessed ahadith in which the command to perform Witr is given, the command will be understood as recommendation (istihbab), not obligation (wujub). The aforementioned ahadith are contextual indicators (qarinah sarifah) diverting this command from obligation to recommendation.