Question:
Is qiyaam (standing) fardh or mustahab in the Qadha of the nafl (voluntary) salah which was broken after commencing it, the salah of oath (نذر) and the salah of tawaaf?
Answer:
Qiyaam is obligatory in Fardh and Wajib salah, which is applicable to the salah of oath (نذر) and the salah after tawaaf as well. كما مر في عبارة الدر المختار في الجواب الثاني.[i]
However an explicit detailed-fiqhi-text was not located concerning the nafl salah which was broken. Allamah Shaami simply mentions that Tahtawi and Rahmati remained silent concerning this mas-alah (Vol.1 Pg.299 صفة الصلاة).[ii] Tahtawi derived wujoob from a text of ‘Maraaqi’. He writes, “قوله والواجبات ظاهره شمول قضاء النفل الذي افسده” (Pg.122 Qadimi Kutub Khana Edition) However, in a similar mas-alah it can be derived that the qiyaam in the qadha of a broken nafl salah is wajib according to Sahibain and not according to Imam Abu Hanifah.
From this, the ta’leel (underling reasoning) of Imam Abu Hanifah is also applicable to the above mentioned scenario. Therefore, based on the analogy of Imam Sahib’s statement, qiyaam would not be Fardh in this case [i.e. the qadha of a broken nafl salah].
And Allah Subhaanahu knows best.
(Hazrat Mufti) Muhammad Taqi Usmani (May Allah preserve him)
Fatawa Usmani Vol.1 Pg. 443-444
Also see here.
Editor’s Footnote:
[i] By this he meant the previous fatwa [mentioned in Fatawa Usmani. Here we will re-produce that Ebarah]
[ii] Raddul Muhtaar Vol.1 Pg.444 (Sa-eed Edition)
[iii] Ghunyatul Mutamalli Pg.271 (Suhail Academy, Lahore, Edition) It is mentioned in ‘Fathu Babil E’nayah’ Vol.1 Pg.339 (Beirut, Edition):
