Question

Assalamu Alaikum wa Rahmatullahi wa Barakatahu our Ameer,

We members from Hizb in the prison deal with a serious problem. It is well known for us that perfumes containing alcohol as well as medicine containing the same are Najas. But the imam that we pray behind in prison uses these types of perfumes and he refers to what is said in books of Islamic rulings (fatwa). And therefore we are hesitant; so is it permissible for us to pray behind him...
Oh our Ameer, we are in need of a quick answer, as fast as possible and we are awaiting your answer Insha'Allah. May Allah reward you.

Answer

Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu

Your Salah behind this imam that uses these perfumes that contain intoxicants or alcohol, is accepted and not rejected, because the Salah behind a Muslim who commits Haram is acceptable and the sin is on the imam, and the evidence for this is:

1. It was reported by Bukhari on the authority of Abu Hurairah that the Messenger of Allah (saw) said, يُصَلُّونَ لَكُمْ، فَإِنْ أَصَابُوا فَلَكُمْ، وَإِنْ أَخْطَئُوا فَلَكُمْ وَعَلَيْهِمْ "If the Imam leads the prayer correctly then he and you will receive the rewards but if he makes a mistake (in the prayer) then you will receive the reward for the prayer and the sin will be his."

And the meaning of "فلكم وعليهم" "then you will receive the reward for the prayer and the sin will be his" is that you will be rewarded for your Salah and they will be punished for their mistakes.

2. Muslim extracted on the authority of Abdallah Bin Sammit on the authority of Abu Dhar, the Messenger of Allah said to me,كَيْفَ أَنْتَ إِذَا كَانَتْ عَلَيْكَ أُمَرَاءُ يُؤَخِّرُونَ الصَّلَاةَ عَنْ وَقْتِهَا؟ - أَوْ - يُمِيتُونَ الصَّلَاةَ عَنْ وَقْتِهَا؟ قَالَ: قُلْتُ: فَمَا تَأْمُرُنِي؟ قَالَ: صَلِّ الصَّلَاةَ لِوَقْتِهَا، فَإِنْ أَدْرَكْتَهَا مَعَهُمْ، فَصَلِّ، فَإِنَّهَا لَكَ نَافِلَةٌ "How would you act when you are under the rulers who would delay the prayer beyond its prescribed time - or - they would make prayer a dead thing as far as its proper time is concerned?" He said: I said: ‘What do you command me?' He (the Messenger) said: ‘Observe the prayer at Its proper time, and if you can say it along with them do so, for it would be a supererogatory prayer for you'", and the understanding of the hadith is that if the oppressive rulers pray within the prescribed times, then the prayer behind them is valid.

3. And for your information, the Hanafiyah and the Shafaiyah said, that the prayer behind the Fasiq is disliked but it is accepted. And the sin is on the imam that prays with the Muslims, and they hate him, as was mentioned in the Hadith, witch was reported by al-Tirmidhi in his Sunan from Abu Umamah, who said: ثَلَاثَةٌ لَا تُجَاوِزُ صَلَاتُهُمْ آذَانَهُمْ: العَبْدُ الآبِقُ حَتَّى يَرْجِعَ، وَامْرَأَةٌ بَاتَتْ وَزَوْجُهَا عَلَيْهَا سَاخِطٌ، وَإِمَامُ قَوْمٍ وَهُمْ لَهُ كَارِهُونَ. The Messenger of Allah (saw): "There are three whose Salat would not rise up beyond their ears: The runaway slave until he returns, a woman who spends a night while her husband is angry with her, and a people's Imam whom they dislike."

4. And the conclusion is that if you prayed behind an imam with right actions, who fears Allah, then your prayer behind this imam would be better. But however if it happened and you prayed behind this imam that allows perfume that contains alcohol, then your salat is valid and the sin is on him.

And give the imam a good advice that perfumes that contains alcohol like cologne and what is similar, are Haram. And give him the answer which is mentioned below, about the prohibition of perfumes that are mixed with alcohol, perhaps he will be guided by the will of Allah.
(Regarding the perfume that contains alcohol, then the Ahkaam concerning alcohol applies on it. Because the Messenger (saw) says in what is narrated by Muslim by Ibni Umar, he said: the Messenger of Allah (saw) said: «كُلُّ مُسْكِرٍ خَمْرٌ، وَكُلُّ مُسْكِرٍ حَرَامٌ» "Every intoxicant is Khamr and every Khamr is Haram".

And He says, may Allah's blessing and peace be upon Him, in what was extracted by Abu Dawoud on the authority of Jaber bin Abdullah: مَا أَسْكَرَ كَثِيرُهُ، فَقَلِيلُهُ حَرَامٌ "If a large amount of anything causes intoxication, a small amount of it is prohibited."

So He, may Allah's blessings and peace be upon Him, indicated which liquids are called alcohol. So every intoxicant, a small amount or a large amount is alcohol. Here comes the investigation of the reality, to know whether this perfume or cologne or similar intoxicates, a little or large amount, so if it intoxicates, then it is alcohol. And the ruling concerning alcohol is applied and makes it Haram, in ten varieties, according to the Hadith narrated by Al Haakim in his Mustadrak, from Abdullah bin Abdullah bin Umar, from his father, that the Messenger of Allah (saw) said:«لَعَنَ اللَّهُ الْخَمْرَ، وَلَعَنَ سَاقِيهَا، وَشَارِبَهَا، وَعَاصِرَهَا، وَمُعْتَصِرَهَا، وَحَامِلَهَا، وَالْمَحْمُولَةَ إِلَيْهِ، وَبَايِعِهَا وَمُبْتَاعَهَا، وَآكِلَ ثَمَنِهَا» "The Messenger of Allah (saws) cursed ten involved in wine: The one who presses it, the one who has it pressed, its drinker, its carrier, and the one it is carried to, its server, its seller, the consumption of its price, the one who purchases it and the one it was purchased for"

In accordance to the view of the experts about the effect of the alcohol substance mixed in the liquid, then this fluid would become intoxicating if, it was drunk and because the Messenger (saw) said: «كل مسكر خمر وكل خمر حرام»"Every intoxicant is alcohol and every alcohol is Haram." (Extracted by Muslim) Then due to this the Ahkam of alcohol are applied upon the perfumes that have been combined with alcohol." End.

And I repeat it has to be with a good manners and wisdom, and if he is guided then it is Khair (good), and if he insists on what he is doing, augmenting with this and that, then it is sufficient for you, and you have advised him. And for you is the reward and the recompense, InshaAllah.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

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