Section II: Conditions of the Validity of Seclusion
Firstly: Islam
Islam is a condition for the validity of seclusion by agreement of the four schools of jurisprudence.
Secondly: Reason
Reason is a condition for the validity of seclusion by agreement of the four schools of jurisprudence.
Thirdly: Discernment
Discernment is a condition for the validity of seclusion by agreement of the four schools of jurisprudence.
Fourthly: Intention
Intention is a condition for the validity of seclusion by consensus, quoted by Ibn Rushd and Ibn Juzayy.
Fifthly: Permission of the husband
The permission of a husband to his wife is a condition for the validity of seclusion by agreement of the four schools of jurisprudence.
Sixthly: The mosque
1. Mosque as a condition for seclusion:
It is a condition for the validity of seclusion that it is performed in a mosque. Consensus has been quoted on this by Ibn `Abd al-Barr, Ibn Qudamah, al-Qurtubi, and Ibn Taymiyyah.
2. Seclusion in other than the three mosques:
It is not a condition that seclusion is in one of the Three Mosques, [832] Those are al-Masjid al-Haram, The Prophet’s Mosque, and al-Aqsa Mosque. and this is by agreement of the four schools of jurisprudence.
3. Conditions of the mosque:
If within the time of a person's seclusion there is a time of congregational prayer, then it is a condition that the mosque where he will seclude himself is one where congregational prayer is held. This is the position of the Hanafis and Hanbalis, and the choice of Ibn Baz and Ibn `Uthaymin.
4. Seclusion in other than a jumu`ah mosque if there is no Friday within its time:
It is permissible to seclude oneself in a mosque that does not conduct jumu`ah prayer as long as there is no Friday within the time of seclusion. This is by agreement of the four schools of jurisprudence [833] For the Malikis, if he intends a portion of time where there is a Friday then a mosque that conducts jumu`ah is necessary. For the Shafi`is, it is obligatory to seclude oneself in a mosque that conducts jumu`ah if the secluded is of those who must attend it, vowed a portion of time wherein lies a Friday, and he did not condition for himself being able to leave the mosque for prayer. and it is the position of a group of the Salaf.
5. Seclusion in a non-jumu`ah mosque if there is a Friday within its time:
It is not a condition for the mosque to conduct jumu`ah prayer. If the secluded person finds it is Friday and he needs to pray jumu`ah, he must exit his mosque to attend the prayer then return to it upon its conclusion. It is nonetheless better if a person secludes himself in a mosque that conducts the jumu`ah prayer. This is the position of the Hanafis, Hanbalis, and some of the Salaf. It is also the choice if Ibn al-`Arabi al-Maliki, Ibn Baz, and Ibn `Uthaymin.
6. Climbing to the minaret:
It is permissible for the secluded to climb the minaret of the mosque if it is part of it or has the same door. His state of seclusion is not affected by this. This is the position of the majority: Hanafis, Shafi`is, and Hanbalis.
7. Roof of the mosque:
Seclusion is valid on the roof of a mosque, and it is permissible for the one secluded in a mosque to climb to its roof. This is the position of the majority: Hanafis, Shafi`is, and Hanbalis.
8. The courtyard:
It is permissible for the secluded to go to the mosque's courtyard if it is connected to it, and his seclusion is valid if he does this. This is the position of the Shafi`is, some Malikis, and a narration from Ahmad. It is also the choice of Ibn Hazm, Ibn Taymiyyah, Ibn al-Qayyim, and Ibn Hajar.
9. Seclusion of a woman in her house's mosque:
Seclusion is invalid for the woman in her home's mosque. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.
Seventhly: Purification from What Requires Washing
Seclusion is only valid if initiated upon a state of purity from all which necessitates ritual washing, like janabah, menstrual, or postnatal bleeding. This is by agreement of the four schools of jurisprudence.
- Purity from minor hadath
Purity from minor hadath is not a condition for seclusion. Consensus has been quoted on this by Ibn Taymiyyah.
Eighthly: Time of seclusion
1. Permissible time for seclusion and when it is stressed:
Seclusion is permissible anytime during the year. This is in summary. [834] The days that the Prophet ﷺ prohibited from fasting are differed over by the scholars due to them differing in the permissibility of seclusion without fasting. It is stressed especially in Ramadan when it becomes mustahabb. Consensus has been quoted on this by Ibn `Abd al-Barr, Ibn Muflih, al-Ramli, and al-Buhuti.
2. Start time of seclusion in the last ten nights of Ramadan:
Scholars have differed over the start time of seclusion in the last ten nights of Ramadan, and this is according to two views:
The first: It is that it starts before sunset for the twenty first night. This is by agreement of the four schools of jurisprudence.
The second: It is that it starts after fajr prayer of the twenty first day of Ramadan. This is a narration from Ahmad, and the choice of Ibn al-Mundhir, Ibn al-Qayyim, al-San`ani, and Ibn Baz.
3. Time seclusion in the last ten nights of Ramadan concludes:
Seclusion of the last ten nights ends with sunset of the last day of Ramadan. This is by agreement of the four schools of jurisprudence.
4. Shortest time of seclusion:
There is no limit to the shortest time of seclusion. This is the position of the Hanafis, Shafi`is, and a position among Hanbalis. It is also the choice of Ibn Hazm, al-Shawkani, Ibn Baz, and Ibn `Abd al-Barr related it as the position of the majority of jurists.
5. Maximum time of seclusion:
There is no maximum time for seclusion. Consensus has been quoted on this by al-Nawawi, Ibn al-Mulaqqin, and Ibn Hajar.
Ninthly: Fasting and seclusion
Seclusion is valid without fasting. This is the position of the Shafi`is, the most common opinion among Hanbalis, and the position of a group from the Salaf. It is also the choice of Ibn Hazm, Ibn Daqiq al-`Id, Ibn Baz, and Ibn `Uthaymin.