The command to perform two rakʿahs on entering the mosque is general with respect to time but specific with respect to the prayer itself, whereas the prohibition of praying after Fajr except for the two rakʿahs of dawn is specific to time yet general with regard to prayer. Accordingly, whoever limits the general wording about prayer by its specific instance allows prayer after the two rakʿahs of Fajr, while whoever limits the general wording about time by its specific instance does not deem it obligatory.

We have already stated that when such an apparent conflict occurs, neither of the two possible specifications may be adopted without evidence. The ḥadīth containing the prohibition cannot, Allah knows best, be set against the established ḥadīth that conveys a command; if the latter is sound, supporting proof must be sought elsewhere.

Chapter Five
Night Prayer in Ramadan

The scholars agree unanimously that standing in prayer during the month of Ramadan is more strongly encouraged than in any other month, because the Prophet—peace and blessings be upon him—said, “Whoever stands in prayer during Ramadan with faith and in hope of reward will have his past sins forgiven.” They likewise agree that the Tarāwīḥ prayer for which ʿUmar ibn al-Khaṭṭāb gathered the people is commendable, even though they have differed over which is superior: Tarāwīḥ or the late-night prayer that was the practice of the Messenger of Allah, peace and blessings be upon him. The majority hold that the prayer performed at the end of the night is better, on the strength of his ﷺ saying, “The best prayer is the one you perform in your homes, except for the obligatory prayer,” and ʿUmar’s remark about Tarāwīḥ, “The one you sleep through is better.”

They have also differed regarding the preferred number of rakʿahs that people should perform in Ramadan. One report from Mālik—and the positions of Abū Ḥanīfah, al-Shāfiʿī, Aḥmad, and Dāwūd—favours twenty rakʿahs, not counting Witr. Ibn al-Qāsim, however, relates from Mālik that he considered thirty-six rakʿahs commendable, with Witr consisting of three.

The root of their disagreement is the divergence of the transmitted reports. Mālik narrated from Yazīd ibn Rumān who said, “During the time of ʿUmar ibn al-Khaṭṭāb the people used to stand for twenty-three rakʿahs.” Ibn Abī Shaybah transmitted from Dāwūd ibn Qays who said, “I found the people of Madinah in the days of ʿUmar ibn ʿAbd al-ʿAzīz and Abān ibn ʿUthmān praying thirty-six rakʿahs and making Witr with three.” Ibn al-Qāsim further related from Mālik that this—namely, thirty-six rakʿahs—was the ancient practice.