Nasai

582. Commentary:

➊ «فَاضْطَرَّ الْحَدِيثَ إِلَى أُمِّ سَلَمَةَ» “The matter reached Umm Salamah radi Allahu anha.” This is the meaning if the word “al-hadith” is read in the nominative case (marfu‘). If it is read in the accusative case (mansub), then the meaning would be that Amir Mu‘awiyah radi Allahu anhu attributed this matter to Umm Salamah radi Allahu anha, or that he had to rely on the hadith of Umm Salamah radi Allahu anha, or that he had to discuss this matter with her, etc.

➋ From this narration, it apparently seems that these rak‘ahs are not the same ones that the Prophet sallallahu alayhi wa sallam used to perform regularly after ‘Asr, as is evident from the last words of the hadith: “I never saw you perform these two rak‘ahs except on that day, neither before nor after.” Rather, these two rak‘ahs were performed by the Prophet sallallahu alayhi wa sallam on some other day before sunset, which could be the two rak‘ahs before the ‘Asr prayer. It is also possible that these are the very same two rak‘ahs which he used to perform regularly after ‘Asr, and Umm Salamah radi Allahu anha’s later negation of their performance is according to the extent of her knowledge, and does not negate the actual issue itself. However, the first view appears to be more correct. See also: [شرح سنن النسائي للإتیوبي : 7؍212]

Because this is also supported by the previous hadith of ‘Ali radi Allahu anhu, in which permission is granted as long as the sun remains bright and shining. Therefore, the later regular performance of these two rak‘ahs by Ibn al-Zubayr radi Allahu anhuma at that time seems to be his own ijtihad (independent reasoning), because the Prophet sallallahu alayhi wa sallam had performed them due to an excuse. And Allah knows best.

Performing Two Rak‘ahs After the ‘Asr Prayer

The narration in which it is mentioned that the Prophet sallallahu alayhi wa sallam used to perform two rak‘ahs after the ‘Asr prayer is reported from ‘A’ishah radi Allahu anha, and its wording is as follows: «ما ترك النبى صلى الله عليه وسلم السجدتين بعد العصر عندي قط» “The Messenger of Allah sallallahu alayhi wa sallam never abandoned two rak‘ahs after ‘Asr in my presence.”
[بخاري 592، 591، كتاب مواقيت الصلاة: باب ما يصلى بعد العصر من الفوائت]
However, in the narration reported from Umm Salamah radi Allahu anha, it is stated that “The Messenger of Allah sallallahu alayhi wa sallam performed two rak‘ahs after the ‘Asr prayer in her house only once.” And in another narration it is mentioned: «لم أر يصليهما قبل ولا بعد» “I never saw him sallallahu alayhi wa sallam perform these two rak‘ahs, neither before nor after that.”
[صحيح: صحيح نسائى 566، كتاب المواقيت: باب الرخصة فى الصلاة قبل غروب الشمس، نسائي 582]
The reconciliation between these ahadith is that the negation is attributed to the narrator’s lack of knowledge, i.e., that he was not informed of it, and the affirmative narration is given preference over the negative one (as is established in the principles). [تحفة الأحوذى 569/1]
Here, it is established that the Prophet sallallahu alayhi wa sallam did perform two rak‘ahs after ‘Asr, but in the previous narration it is mentioned that he himself prohibited performing any prayer after ‘Asr.
(Ibn Hazm rahimahullah) The ahadith of prohibition have been abrogated. [تحفة الأحوذي 568/1]
To our knowledge, the preferred view in this matter is that the ahadith of prohibition have not been abrogated; rather, they are definitive, and the Prophet sallallahu alayhi wa sallam performed two rak‘ahs after ‘Asr because, due to being occupied with the delegation of ‘Abd al-Qays, he was unable to perform the two sunnah rak‘ahs of Zuhr, so he sallallahu alayhi wa sallam performed those two sunnah rak‘ahs after ‘Asr, as he sallallahu alayhi wa sallam said: «شغلـنـي نـاس مـن عبـدالـقيـس عـن الـركعتين بعد الظهر فهما هاتان» “The people of the tribe of ‘Abd al-Qays kept me busy from the two rak‘ahs after Zuhr, so these are those two rak‘ahs.” [بخاري 1233، كتاب السهو: باب إذا كلم وهو يصلى فأشار بيده]
And it was the practice of the Prophet sallallahu alayhi wa sallam that whenever he performed an act, he would persist in it thereafter, as is mentioned in the narration reported from ‘A’ishah radi Allahu anha: «و كان إذا صلى صلاة أثبتها يعنى "داوم عليها"» “Whenever the Prophet sallallahu alayhi wa sallam performed a prayer, he would persist in it.”
[مسلم 835، كتاب صلاة المسافرين و قصرها: باب معرفة الركعتين اللتين كان يصليهما النبى بعد، نساني 281/1، ابن خزيمة 1278، ابن حبان 1577]
Therefore, the Prophet sallallahu alayhi wa sallam continued to perform these rak‘ahs after the ‘Asr prayer even later. Some people are of the opinion that this act was specific to the Prophet sallallahu alayhi wa sallam alone; that is why, when he sallallahu alayhi wa sallam was asked: «افنقضيهما إذا فاتنا» “If these two rak‘ahs are missed, should we also make them up?” he sallallahu alayhi wa sallam replied: «لا» “No.”
[ضعيف: التعليقات الرضية على الروضة الندية 242/1، أحمد 315/6، شرح معاني الآثار 306/1]
Similarly, in another narration, ‘A’ishah radi Allahu anha states: «كان يـصـلـي بـعـد الـعـصـر وينهى عنهما ويواصـل وينهى عن الوصال» “The Prophet sallallahu alayhi wa sallam himself used to pray after ‘Asr, but he would prohibit others from doing so, and he sallallahu alayhi wa sallam himself would observe continuous fasting (wisal), but would prohibit others from doing so.”
[ضعيف: ضعيف أبو داود 278، ضعيف الجامع 4564، إرواء الغليل 441، أبو داود 1280]
From these narrations, it apparently seems that it is not permissible for anyone else to perform supererogatory prayers (nawafil) at these times.
[تحفة الأحوذى 568/1، سبل السلام 246/1، نيل الأوطار 319/1]
(Preferred View) After ‘Asr, as long as the sun is high and bright (i.e., it has not yet turned yellow), it is permissible to perform any prayer, whether it is a missed obligatory prayer, a sunnah, a nafl (supererogatory), or a funeral prayer. [عون المعبود 109/2]
The evidences for this are as follows:
➊ It is reported from ‘Ali radi Allahu anhu: «ان النبى نهى عن الصلاة بعد العصر إلا والشمس مرتفعة» “The Prophet sallallahu alayhi wa sallam prohibited prayer after ‘Asr.” «الا» “In this case (it is permissible) if the sun is still high.”
[صحيح: صحيح أبو داود 1135، كتاب الصلاة: باب من رخص فيهما إذا كانت الشمس مرتفعة، أبو داود 1274]
➋ From ‘Umar radi Allahu anhu, permission to perform nafl prayers after ‘Asr until the sun turns yellow is established. [مجمع الزوائد 223/2]
➌ Hafiz Ibn Hajar rahimahullah has also indicated this. [تلخيص الحبير 185/1، فتح الباري 257/2]
➍ In addition, it is established from a group of Companions and Followers (Tabi‘in) that they performed prayers after ‘Asr.
[المحلى لابن حزم 42/2 - 47، ابن أبى شيبة 351/2، شرح معاني الآثار 210/1]