'there is nothing strange in the forgetting of ibn Mas'ud, for ibn Mas'ud forgot from the Qur'an that which the muslims afterwards did not disagree upon, and that is the mu'awwadhatain (ie including them as part of the Qur'an), and he forgot about that which the scholars have agreed to as to it's abrogation, like placing hands together (between the knees in ruku'), and how to stand for the second rak'ah behind the Imaam, and he forgot about that which the scholars do not differ about that the Prophet prayed subh at it's time on the day of al-Nahr, and he forgot how the Prophet combined (prayers) on Arafah, and he forgot about that which the scholars do not differ about with regards to placing the elbow and the fore-arm on the floor, and he forgot how the Prophet used to recite, "wa maa khalaqadh dhakara wal unthaa", So if it is possible that ibn Mas'ud forgets the likes of these in prayer, then how is it not possible that he forgets the raising of the hands?' [End]

And if we accept that ibn Mas'ud did not forget this, then the ahaadeeth of raising the hands in three places takes precedence over the hadeeth of ibn Mas'ud, because it has been narrated by such a large number of Companions (RAA) until as-Suyuti said, 'the hadeeth of raising hands (at ruku') are mutawaatir from the Prophet ' as you have come to know in what has preceded.

And al-Aini said in {Sharhul Bukhaaree}, 'the conclusion of this topic of choosing the stronger opinion (is) that it is upon the number of narrations and the fame of the narrators Even if one of two narrations is narrated from one, and the other by two (narrations), then the one narrated by two takes precedence in action.' [End]

And al-Haafidh al-Haazinee said in {kitaabul I'tibaar}, 'and from what makes one hadeeth weightier than another, is the number of narrations of one of them.'

Then the hadeeth of ibn Mas'ud does not lend evidence to the abrogation of raising hands except at the beginning (of the prayer). Rather it lends evidence to it not being obligatory. Ibn Hazm said in his discussion of the hadeeth of Baraa bin Aazib mentioned previously, 'if it is authentic, it is evidence that he did that to explain it's permissibility, so there is no contradiction between it and the hadeeth of ibn Umar and others.' [End]

I say: and all of this is according to the limits of concession , and if not then the hadeeth of ibn Mas'ud is Da'eef and is not to be used as a proof as you have come to know.

His saying, "AND OF THIS OPINION WERE MORE THAN ONE OF THE PEOPLE OF KNOWLEDGE FROM THE COMPANIONS OF THE PROPHET '

That is what is narrated from Umar and Alee and ibn Umar, and the discussion on these narrations will come.

'AND IT IS THE SAYING OF SUFYAAN AND THE PEOPLE OF KUFAH'

And it is the saying of Abu Haneefah. The Hanafiyyah say, 'verily it (the hadeeth of ibn Umar) is abrogated by the hadeeth of ibn Mas'ud and al-Baraa' and we have come to know that they are weak and cannot be used to establish a proof.

And they seek evidence with the narration of Umar (RA) related by at-Tahaawee and Abu Bakr ibn Abee Shaybah from al-Aswad who said, 'I saw Umar bin al-Khattaab raise his hands in the first takbeer then he did not repeat that.'

I say: this (narration) with this wording is not preserved. Ibn Hajr said in {ad-Diraayah},

'al-Bayhaqi said from al-Haakim, "it is related by al-Hasan bin Ayaash from Abdul Maalik bin Abjar from az-Zubair bin Adee with the wording, 'he used to raise his hands with the first takbeer and then he did not repeat that' and ath-Thawri relates from az-Zubair bin Adee with the wording, 'he used to raise his hands with the takbeer' without (the addition) 'then he did not repeat that'. And ath-Thawri relates this and it is preserved."' [End]

Then this narration contradicts the narration of Tawoos from ibn Umar "that Umar used to raise his hands in ruku' and when rising from it". az-Zaylai said in {Nasb ar-Raayah}, 'and al-Haakin objects to this hadeeth as shaadh, and proof cannot be established using it, and it cannot used to contradict the authentic narration from Tawoos bin Kaisaan from ibn Umar that Umar used to raise his hands at ruku' and when rising from it.'

I say: and for the narration of Tawoos is a da'eef witness. az-Zaylai said in {Nasb ar-Raayah}