Stepping over people's necks (takhatti al-riqab)

Takhatti al-riqab is stepping over people's necks to reach a place further in. Its rulings vary with the case: in the Friday gathering the imam may do it when he has no other way, while others may do it only out of need. ^{1 2}

In Arabic, one says that a man stepped over people (takhatta, ikhtatahum), meaning he passed beyond them. The forbidden act of separating two people covers sitting between them, and removing one of them to sit in his place, and it can also mean mere stepping over. Stepping over includes lifting the legs over heads or shoulders. ¹

If the imam steps over people because he has no other path, it is allowed without disliking, since it is a case of need. ¹ For someone other than the imam who enters before the sermon begins, the Hanafis allow stepping over only if the only space is in front of him, and provided he hurts no one, since it is recommended to come forward and close to the mihrab. ¹ If he enters while the imam is preaching, he should settle in the first place he finds, since walking forward during the sermon is forbidden. ¹ The Malikis allow stepping between rows into a gap before the preacher sits on the pulpit, but not after, even for a gap. ² If a newcomer finds no place except by stepping over one or two people, the Hanafis and Shafi'is do not dislike it, as it is slight. If many are in front of him and he does not expect them to move forward, stepping over is allowed. ²

Someone who has sat in a place and then needs to leave, or to make wudu, may leave even by stepping over people. The narration of Uqba describes the Prophet ﷺ hastening after a prayer to a wife's room to give away some gold he had remembered. ² Whoever stands from his seat and returns has priority over it. ² Stepping over between the sermon and the prayer is allowed, even without a gap, as in walking between rows; the Malikis hold this. The Hanafis dislike stepping over people in order to beg. ²

It is forbidden to make someone stand from his place so that one may sit in it. The Prophet said that a man should not make another stand from his seat and then sit in it, but should say "make room and spread out". ³ If someone sat in a place in the mosque, no one else may make him stand until the other has sat in his place. If a man stands and lets another sit in his place by choice, this is allowed. ³ Stepping over people outside prayer, in gatherings, is disliked where it harms no one, and forbidden where it does harm. ³