Translation:[The great scholar] Ibn Nujaym was asked: If one has
fard salats to make up and if one performs the
sunnat salats of
Salat al-Fajr,
Salat az-Zuhr,
Salat al-Asr,
Salat al-Maghrib, and
Salat al-Isha with the intention of making up one's
qada salats, will one be considered to have abandoned the
sunnat salats?
His answer was: One will not be considered to have abandoned the
sunnat salats because the purpose in performing the
sunnat salats of the five daily
salats is to perform a
salat in addition to a
fard salat. By performing one more
salat in addition to a
fard salat, one will have disgraced Satan, who does not want humans to perform
salat. It is written in
Nawadir that this method is better; that is, by performing
qada salats instead of
sunnat salats, one will have fulfilled the
sunnat, too. Many people are performing
sunnat salats instead of making up
qada salats. They are deserving of chastisement; that is, they will go to Hell. But one who performs
qada salats instead of
sunnat salats will not be deserving of Hell; that is, one will be saved from Hell.
(An-Nawadir
-ul-Fiqhiyya
fi Madhhab-il-Aimmat-il Hanafiyya)
Explanation: The text above has been taken from the book
an-Nawadir-ul-fiqhiyya fi Madhhab-il-Aimmat-il Hanafiyya, copies of which are registered at number 1037 in the Es’ad Efendi section and at number 1463 in the Yahya Tevfik Efendi section of Suleymaniye Library in Istanbul. Its author is Muhammad Sadiq Efendi, the (then) Qadi of Jerusalem. He died in 1230 (1815 AD). Muhammad Sadiq Efendi took this
fatwa from
Uyun al-Basair, which is a supercommentary on
Ashbah of Ahmad Hamawi. Ahmad Hamawi was a
mudarris (professor) in Egypt and died in 1098 (1686 AD). The book entitled
Nawadir mentioned in the text above is a work of Shams al-Aimma al-Hulwani, who was a
Hanafi scholar. He wrote commentaries on
al-Jami al-Kabir and
as-Siyar al-Kabir by Muhammad Shaybani and also wrote
an-Nawadir,
al-Mabsut,
al-Waqi'at, and so on. Hadrat Ibn Nujaym, who was asked the question in the text, was a scholar in
Hanafi fiqh. His works
al-Ashbah wa'n Nazair,
Zayniyya,
Kabair, and his commentary on
Manar in the field of
usul al-fiqh are well known. He died in 970.
In the commentary on the pamphlet
Bay wa Shir'a of Hadrat Hamza Efendi, it is written, "Perform a two-
rak'at salat before going on a journey. If you have
salats to make up, then you must make up one, two, or three
salats because it is idiocy to perform voluntary
salats when one has
salats to make up." (p. 6) (The origional text is at the end of the quote above.)