´Sufyan narrated from Az-Zuhri, from 'Ata bin Yazid, from Abu Ayyub, who said:` "Whoever wants to pray witr with seven (rak'ahs) let him do so, and whoever wants to pray witr with five (rak'ahs) let him do so, and whoever wants to pray witr with three rak'ahs, let him do so; and whoever wants to pray witr with one rak'ah, let him do so, and wants to do so gesturing, let him do so.'"
Explanation & Benefits
Hafiz Muhammad Ameen
1714. Commentary:
➊ The difference is that in the first two narrations, the mentioned words are attributed to the Prophet sallallahu alayhi wa sallam, while in the last two narrations, they are attributed to Abu Ayyub radi Allahu anhu. Abu Ayyub al-Ansari radi Allahu anhu narrated this from the Noble Prophet sallallahu alayhi wa sallam and then issued a fatwa to the questioners according to the hadith. Therefore, there is no contradiction between them. In this way, the hadith is authentic both as mawquf (stopped at the Companion) and marfu‘ (attributed to the Prophet).
➋ "Witr is a right (haqq)": The Hanafis use this word as evidence for the obligation (wujub) of witr, whereas "haqq" can also mean emphasized (mu’akkad), and here this meaning is more appropriate so that it does not conflict with other ahadith that have already been mentioned. Furthermore, an interesting point is that in this very narration, the explicit permissibility of witr being one (rak‘ah) is also present, yet the Hanafis do not accept this. To deduce from words that are open to interpretation and to disregard explicit words is not the way of truthfulness.
➌ "He should perform it by gesture": In one manuscript, instead of «من شاء», the word «من غلب» appears, meaning that whoever is overpowered by standing and sitting, he should perform it by gesture. The majority of scholars apply this to the sick person who does not have the ability to stand or sit. And Allah knows best. For further details, see: (Dhakheerat al-‘Uqba Sharh Sunan al-Nasa’i: 18/86)
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 1714