Third: That in the route of at-Tahaawee is Abu Bakr bin Ayaash and he has been spoken about, and his narration is not comparable/equal to the narrations of other than him from the trustworthy narrators. al-Bayhaqi said in {Kitaabul Ma'rifah} after relating the hadeeth of Mujaahid via the route of ibn Ayaash, "Bukhaaree said, 'Abu Bakr bin Ayaash got confused at the end of his life .....'"[mentioning what we narrated earlier. Then Luknawee said] And if you say, taking the explanation of the meaning of the narration to be, "that it is possible/permissible that ibn Umar did what Tawoos saw before the proof was established of abrogation, then when the proof of abrogation was established he left it and did what Mujahid mentioned". I say (in reply): evidence (of abrogation) cannot be established upon this. For it is possible to contradict the sayer and say, "it is possible that ibn Umar used to do what Mujaahid saw before the evidence was established about the necessity of raising the hands. Then when the necessity was established with him he raised (them as narrated by Tawoos)." On top of this taking the opinion of abrogation is taking something without evidence, so do not listen. So if a person were to say, "the evidence (for abrogation) is the narrator contradicts what he narrates", we would say, "this does not necessitate abrogation as has been discussed."

Fourth: and this is better, that we accept that the leaving of (raising hands at ruku) is established from ibn Umar, but it is possible that his leaving be to explain it's permissibility, or the absence of his seeing the raising of hands as being a necessary sunnah. And this does not belittle the establishment of raising hands from him and from the Messenger of Allaah .

Fifthly: that the leaving of a narrator of what he narrates according to the Hanafiyyah is to be left as proof when what contradicts it is certain, as is clear in their books. And this is not the case here. Due to the possiblity that the raising (of hands) which is established from the Messenger , was conveyed by ibn Umar with resolve, and he left it sometimes to show it's permission. So his leaving it is not his contradicting what he narrates upon certainty.' [End]

Addition: and the writer of {al-Arf ash-Shadhee} said, 'and for us is what at-Tahaawee narrates with a strong sanad from ibn Abee Ziyaad from Ahmad bin Yunus from Abu Bakr bin Ayaash who said, "I have not seen a single faqeeh raise his hands except at the first takbeer"' [End]

I say: maybe this saying of Abu Bakr bin Ayaash was after his memorisation going bad and his confusion. And how (could it be so) when the writer of {al-Arf ash-Shadhee} knew that the raising of hands is established as a mutawaatir action, which is not possible to reject. And Imaam Muhammad bin Nasr said, "the scholars of the lands have agreed to the legislation of this except the people of Kufah" as you have come to know.

And he (ie above mentioned author) said, 'and for us is another hadeeth from ibn Umar that he did not raise his hands except one time, as in {Khilaafiyaah} of al-Bayhaqi, and az-Zaylai transmitted it in his takhreej and al-Haakim said, "it is maudu and I have not come across the beginning of it's isnaad."....and maybe it's isnaad is strong." [End]

I say: this hadeeth of ibn Umar is baatil and maudu'. az-Zaylai said in {Nasb ar-Raayah} after transmitting this hadeeth from {Khilaafiyaah} of al-Bayhaqi,

'al-Bayhaqi said, "al-Haakim said, 'this hadeeth is baatil and maudu. It is not permissible to mention it except by way of censure.'"' [End]

al-Haafidh said in {ad-Diraayah},

'and al-Bayhaqi narrates also via the route of az-Zuhree from Saalim from his father the likes of it and it is transmitted from al-Haakim that it is maudu and it is as he said.'

So may Allaah guide those Muqallideen who leave the authentic, agreed upon, hadeeth of ibn Umar and stick to his hadeeth which al-Haakim ruled to be maudu and especially this muqallid, who without investigating the beginning of the isnaad of this hadeeth, and with his knowledge that al-Haakim ruled it to be maudu, hopes that it's isnaad is strong and sticks to it.