Addition: an-Naimaawee thinks that the addition of his saying, "that Umar" after his saying "from ibn Umar" in {Nasb ar-Raayah} is negligence (on the part of az-Zaylai), and is not correct. He said, 'and what is correct is this: from Tawoos bin Kaisaan from ibn Umar 'who used to raise his hands' (i.e with the words "that Umar" omitted). And al-Haafidh said in {ad-Diraayah} summarising what is contained in {Nasb ar-Raayah}, "and it is contradicted by the narration of Tawoos from ibn Umar that he used to raise his hands at the takbeer in ruku' and rising from it." And ibn al-Hammaam said in {Fathul Qadeer}, "and Haakim considered that it contradicted the narration of Tawoos bin Kaisaan from ibn Umar (RA) that he used to raise his hands etc." And so it is established with these sayings that al-Haakim contradicts it with the narration of ibn Umar not Umar bin al-Khattaab.' [End]

I say: the claim of negligence over the additional saying, "that Umar" is completely rejected. And how could it be so when al-Haakim rule that the narration of Umar via the route of al-Aswad who said, 'I saw Umar bin al-Khattaab raise his hands at the first takbeer then he did not repeat that' to be Shaadh due to the relation of Tawoos from ibn Umar that Umar (RA) used to raise his hands at ruku' and when rising from it. And this is a clear evidence that the saying in the narration of Tawoos, "that Umar" is authentically established. For the narration is not given the ruling of shaadh by the use of another companion. As for the saying of al-Haafidh (ibn Hajr) ib {ad-Diraayah}, 'and it contradicts the narration of Tawoos from ibn Umar that he used to raise his hands etc' then al-Haafidh omitted the words, "that Umar" as a summary. And the personal pronoun in "he used to" refers back to Umar and likewise ibn al-Hammaam does this in {Fathul Qadeer}. And the likes of this omission is well known, when summarising and depending upon a previous narration.

And they seek evidence also with the narration of Alee (RA) related by at-Tahaawee and ibn Abee Shaybah and al-Bayhaqi from Aasim bin Kulaib from his father that Alee 'used to raise his hands at the fist takbeer of prayer and then he did not raise them again'. az-Zaylai said, 'it is a saheeh narration' and al-Ainee said in {Umdatul Qaree}, 'the sanad is saheeh according to the conditions of Muslim'.

I say: this narration from Alee is not saheeh, even if az-Zaylai said 'it is saheeh' and al-Ainee said, 'it is saheeh according to the conditions of Muslim'. Imaam Bukhaaree said in {juz rafa' al-yadain},

'Abdur Rahmaan bin Mahdee said, "I mentioned the hadeeth of an-Nahshilee from Aasim bin Kulaib to ath-Thawri and he rejected it"' [End]

I say: and al-Aasim bin Kulaib is alone in reporting this narration. adh-Dhahabee said in {al-Meezaan}, 'he was from the servants and Awliyaah, but he was a Murji, Yahya bin Ma'een declared him trustworthy and (likewise) others. Ibn al-Madinee said, "he is not relied upon in what he is alone in reporting"'

And if we were to accept that this narration is authentic, then it is not an evidence to support abrogation (of raising hands at ruku) as at-Tahaawee and others think. The author of {at-Ta'leeq al-Mumjad} (ie al-Luknawee) from the Hanafee scholars said,

'at-Tahaawee mentioned after this narration from Alee, "Alee did not see the Prophet raise his hands and then leave acting on it, except that abrogation was established with him" And in this is a problem, for it is possible that the leaving of Alee, and likewise ibn Mas'ud and other Companions, if it is established from them, is because they did not see it to be a stressed sunnah, necessitating acting by it. And he did not confine the hadeeth to abrogation, no rather Alee would not be content with abrogating an established command of the Prophet (and this) purely from good opinion of the Companions, alongside the fact that the possibility exists of reconciling the action of the Messenger with the action of Alee.' [End]

And they seek evidence as well with the narration of ibn Umar, related by at-Tahaawee and Abu Bakr ibn Abee Shaybah and al-Bayhaqee in {al-Ma'rifah} from Mujahid who said, "I prayed behind ibn Umar and he did not use to raise his hands except at the first takbeer of the salaah" I say: the hadeeth of ibn Umar is weak from a number of perspectives,

Firstly: in it's sanad is Abu Bakr bin Ayaash and he got confused in his memorisation at the end of his life.

Secondly: that it is shaadh for Mujaahid contradicts all of the companions of ibn Umar and they are trustworthy huffaadh.