Continuity (muwala) between the parts of an act of worship or a contract

المُوَالاة

Muwala in the lexicon is succession. In law it is the avoidance of long breaks between the parts of an act of worship or of a contract. The jurists give rules for it in ablution, the bath, dry ablution, the call and the iqama, the verses of the Opening, the tashahhud, the festival takbirs, combining prayers, the circuits of circumambulation and of running between the hills, the stoning, the oath of mutual cursing, the offer and acceptance in a contract, the exception in an oath, and the return of a greeting. A break is judged by custom and by its size.

Summary

Muwala in the lexicon is succession; in law it is the absence of long breaks between the parts of an act. It is distinct from order (tartib), which concerns the sequence of parts. ¹ ²

Ablution, bath and dry ablution

The Hanafis, the sounder Shafi'i view and a Hanbali report make succession in ablution a sunna; the Malikis, the old Shafi'i view and the Hanbali school make it obligatory. In the bath it is a sunna according to most. In dry ablution it is obligatory for the Malikis and the old Shafi'i view. ² ³ ⁴

The call, the Opening and the tashahhud

Succession between the words of the call and the iqama is a sunna for the Hanafis and Malikis, and obligatory for the sounder Shafi'i view and the Hanbalis. Succession between the verses of the Opening is obligatory for the Shafi'is, and between the words of the tashahhud they also require it. ⁴ ⁵ ⁶ ⁷

Festival takbirs, combined prayers, circuits

The Hanafis and Malikis join the festival takbirs without other words; the Shafi'is and Hanbalis separate them by a fixed form of praise. Succession is required when prayers are combined before their time, by the majority. It is obligatory between the circuits of circumambulation for the Malikis and Hanbalis, and a sunna for the Hanafis and sounder Shafi'i view. ⁷ ⁸ ⁹ ¹⁰

Stoning, oath of cursing, contract, exception and greeting

Succession between the pebbles is a sunna. It is required between the five oaths of mutual cursing. It is not required between offer and acceptance for the Hanafis, Malikis and Hanbalis, but the Shafi'is require acceptance to follow closely. It is required in the exception in an oath. The reply to a greeting must be immediate for the Hanafis and Shafi'is. ¹⁰ ¹¹

The break that harms

The rule is that the second part is counted separate from the first; this varies with the subject, and the strongest break is long speech unconnected with the act, and the lightest a brief silence for an excuse. ¹¹

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15206

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15207

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15208

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15209

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15210

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15211

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15212

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15213

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15214

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15215

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15216