prayer when one is able to cover them; another view holds that covering them is an independent obligation in general, but a sunnah within prayer. Those who regard it as an obligatory element of prayer require anyone who prays with their private parts uncovered, despite being able to cover them, to repeat the prayer even after its prescribed time has elapsed, whether this occurred through forgetfulness, ignorance, or deliberate intent. Those who regard it not as an obligatory element of prayer but as an independent obligation in general and a sunnah within prayer require repetition only within the prescribed time if this occurred through forgetfulness or ignorance. If it was deliberate, however, the prayer must be repeated even after its time has elapsed. The disagreement concerning someone who deliberately omits a sunnah of prayer does not apply here, since covering the private parts has been held to be obligatory. This is the stronger view, in light of Allah’s words, mighty and majestic:

“Take your adornment at every mosque.” [Al-A‘rāf: 31]

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Likewise, refraining from speech is disputed within the school. Abū Bakr al-Abharī stated in his commentary that it is a sunnah, basing this on two principles within the school. He described it as a sunnah because the scholars hold that someone who inadvertently speaks during prayer is like someone who forgetfully omits one of its sunnahs: the prayer is valid, and the worshipper performs the prostration of forgetfulness. This differs from someone who forgetfully omits an obligatory element. By analogy, he concluded that someone who speaks deliberately must repeat the prayer only because they have deliberately omitted a sunnah.

The stronger view is that refraining from speech is obligatory. The evidence for this is Allah’s statement, exalted is He:

“And stand before Allah, devoutly obedient.” [Al-Baqarah: 238]

That is, silently. In the early days of Islam, people used to speak during prayer, until “And stand before Allah, devoutly obedient” [Al-Baqarah: 238] was revealed, whereupon they were forbidden to speak. The Messenger of Allah ﷺ said, “Allah gives whatever new commands He wills, and among His new commands is that you must not speak during prayer.”

The difference between speaking inadvertently and forgetfully omitting an obligatory element is that speech is something that has already occurred and cannot be undone: it is impossible to refrain from the very same act after having performed it. Allah has pardoned this, as explicitly stated in the Prophet’s ﷺ words: “Allah has pardoned my community for mistakes and forgetfulness”