Nasai

1077. Commentary: The correct view is that this was the Qunut Nazilah, which the Prophet (sallallahu alayhi wa sallam) performed in various prayers as needed. However, some scholars have considered it not as Qunut Nazilah but as the obligatory Qunut of Fajr and Maghrib, meaning that the Prophet (sallallahu alayhi wa sallam) always performed Qunut in these two prayers. But there is consensus and agreement of the Ummah on the abandonment of Qunut in Maghrib. No muhaddith or jurist holds the view of Qunut in Maghrib except in the case of Qunut Nazilah. However, Imam Shafi'i and some muhaddithin are of the opinion of (perpetual) Qunut in Fajr. If we look at this narration, both prayers are equal. If it is abrogated in Maghrib, then why is it not abrogated in Fajr? And this is the correct view: Qunut Nazilah remains, but the obligatory Qunut (Qunut of Fajr and Maghrib) does not remain. The narration which establishes Qunut in the morning prayer will be interpreted as referring to Qunut Nazilah, meaning that the Prophet (sallallahu alayhi wa sallam) performed Qunut Nazilah in the morning prayer as needed until the end of his life. In this way, all the ahadith can be reconciled.

Hadith Commentary: Benefits and Issues:

➊ Tale-bearing and not taking care to protect oneself from urine splashes are such crimes that they become causes for the punishment of the grave. Therefore, we should make every effort and be concerned to keep our bodies and clothes safe from urine and other impurities, and we should be diligent in refraining from the habit of tale-bearing.

➋ Some individuals, by making the glorification (tasbih) of the fresh date-palm branch the basis for the alleviation of punishment, have declared the recitation of the Qur’an at the graveside to be recommended (mustahabb). And this is building one falsehood upon another. If this were the case, then why did the Prophet (sallallahu alayhi wa sallam) not recite the Qur’an? And why did the noble Companions (radi Allahu anhum ajma‘in) and the great Followers (tabi‘in) (rahimahumullah) not derive this meaning from the action of the Prophet (sallallahu alayhi wa sallam)? Why were they always deprived of this practice?

➌ Some individuals have derived from this hadith the permissibility of placing flowers and branches of trees on graves, and as evidence they present the action of Hazrat Buraydah al-Aslami (radi Allahu anhu). The question is: “If the cause of alleviation of punishment is the glorification (tasbih) of the fresh branch, then what was the need to split it? By splitting it, it dried up quickly. In that case, the Prophet (sallallahu alayhi wa sallam) should have had a plant planted on those graves, which would have remained green for years. Furthermore, why did the noble Companions (radi Allahu anhum ajma‘in) not understand this intention and perspective of the Prophet (sallallahu alayhi wa sallam)? If the purpose of the Prophet (sallallahu alayhi wa sallam) was that the glorification of the fresh branch is the cause of alleviation, then all of them would have done the same and placed branches on every grave, or even planted trees, and this would have become a common practice in that era. Why did only Hazrat Buraydah al-Aslami (radi Allahu anhu) understand this, and even he only instructed that two date-palm branches be placed inside his grave, not that they be planted on top of it? The Prophet (sallallahu alayhi wa sallam) had split one branch into two pieces, while he had two branches placed. A Hanafi explains its wisdom by saying that there is blessing (barakah) in the date-palm tree because Allah the Exalted has declared it a good tree (shajarat tayyibah). In that case, this would be a special quality of the date-palm tree; from where did this blessing come into flowers and ordinary branches? The Prophet (sallallahu alayhi wa sallam) had planted pieces of a date-palm branch, and that too only on two graves. If this action is a cause for alleviation of punishment for ordinary Muslims and a means of elevation of ranks for the close ones, then why did the Prophet (sallallahu alayhi wa sallam) deprive others of it? He did not instruct or advise that a piece of branch be placed on their graves, nor did the noble Companions (radi Allahu anhum ajma‘in) discover this secret. The real truth is that the Prophet (sallallahu alayhi wa sallam) prayed to Allah the Exalted for the alleviation of their punishment, so Allah the Exalted informed the Prophet (sallallahu alayhi wa sallam) to split a fresh branch into two parts and place one on each grave; as long as they remain fresh, their punishment will be alleviated. To support and confirm this explanation, there is a hadith of Hazrat Jabir (radi Allahu anhu) at the end of Sahih Muslim, in which another similar incident is mentioned, and upon the inquiry of Hazrat Jabir (radi Allahu anhu), the Prophet (sallallahu alayhi wa sallam) gave this very explanation (Sharh Nawawi: 1/141).

➍ The Noble Qur’an has stated a principle and rule:
﴿وَأَن لَّيْسَ لِلْإِنسَانِ إِلَّا مَا سَعَىٰ﴾ “And that man will have nothing except what he strives for.” According to this rule, for istishhad (legal inference), according to the Hanafi principle, a mutawatir or mashhur hadith is required; even a solitary report (khabar wahid) will not suffice. So how astonishing it is that this fresh branch is used as evidence, or weak ahadith are presented.

1:
From this hadith, the Shafi'is have established the recitation of qunut in the Fajr prayer and they recite it consistently.
However, in this narration, Maghrib is also mentioned—so why do they not recite it in Maghrib? In reality, here "qunut" refers to Qunut Nazilah, which is recited at times of calamity (this does not refer to the qunut of Witr). The Messenger of Allah (sallallahu alayhi wa sallam), at times of calamity, would especially recite Qunut Nazilah after bowing (ruku') in Fajr,
and in fact, he would recite it in other prayers as well.
And when the need would end, he would abandon it.