Q 1:
What is the evidence for the permissibility of reciting Basmalah (saying, "Bismillah Al-Rahman, Al-Rahim [In the Name of Allah, the Most Gracious, the Most Merciful]") subvocally in a Jahri Salah (Prayer recited out loud)?
Each Surah in the Qur'an is introduced with Basmalah, including Surah Al-Fatihah. Even though it consists of seven Ayahs, it is read as six Ayahs only, as we recite Basmalah subvocally.
A:
The scholars who are of the opinion that Basmalah should be recited inaudibly in a Jahri Salah reached this conclusion on the basis that it is not an Ayah of each Surah, rather an Ayah of the Qur'an used to separate between Surahs, and also part of an Ayah in Surah Al-Naml. Thus, reciting it inaudibly in a Jahri Salah (Part No. 6; Page No. 376) distinguishes between it and the Ayahs of the Surah, and also reconciles the evidences which differ on whether to recite it at the beginning of the Surah or not. The Hadith narrated from
`Aishah (may Allah be pleased with her) states,
The Messenger of Allah (peace be upon him) used to begin Salah with Takbir, and recitation with "Al-Hamdu lillahi Rabbi Al-`Alamin" (Praise be to Allah, the Lord of the World - i.e. Surah Al-Fatihah).
And the Hadith narrated from
Anas (may Allah be pleased with him) states,
I offered Salah behind the Prophet (peace be upon him), together with
Abu Bakr,
`Umar, and
`Uthman They used to begin recitation with "Al-Hamdu lillahi Rabbi Al-`Alamin." Muslim said, "They did not mention Basmalah."
These Hadiths were interpreted as recommendations for not reciting it aloud, and not leaving it, in order to reconcile between both Hadiths.As for reciting Al-Fatihah as only six Ayahs, this is not true according to Ijma` (consensus of scholars). Those who consider Basmalah an Ayah of each Surah count it as an Ayah of Al-Fatihah as well, followed by six (Part No. 6; Page No. 377) Ayahs. Those who do not consider it an Ayah of Al-Fatihah consider
The Way of those on whom You have bestowed Your Grace
an Ayah, and the rest of the Surah until the end an Ayah. So they are seven Ayahs without Basmalah.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.