Is It True That Isha Time is Only Until Midnight?

This becomes interesting to discuss because there is a group of people who hold this opinion, in addition to believing that the deadline of Isha being until the middle of the night carries its own consequences. Meanwhile, what is famously known is that the time for Isha lasts until Subuh (Fajr). Of course, this writing is not to encourage delaying the performance of Isha prayer until approaching Subuh or the middle of the night. Rather, it is merely to present knowledge so one can understand the evidence (dalil) used by the scholars, then wisely address the differences, and understand the consequences of the chosen view.

Some scholars cite the existence of ijma’ (consensus) that the time for Isha is until the entrance of the Subuh time. Al-Hafiz Az-Zaila’i Al-Hanafi said,

وَأَمَّا آخِرُهُ فَلِإِجْمَاعِ السَّلَفِ أَنَّهُ يَبْقَى إلَى طُلُوعِ الْفَجْرِ

"As for the end of its (time), the ijma’(consensus) of the predecessors states that its time extends until the rising of the dawn." (Tabyin Al-Haqaiq, 1/81)

However, Imam Ibn Rushd Al-Hafid Al-Maliki cited that this is the opinion of the famous scholars in the various lands (amshar) and implied the existence of a dispute. It is just that these scholars generally divide the time of Isha into the time of ikhtiyar (choice/preference) and the time of darurat (necessity/emergency). He said,

فَأَمَّا أَوْقَاتُ الضَّرُورَةِ وَالْعُذْرِ فَأَثْبَتَهَا كَمَا قُلْنَا فُقَهَاءُ الْأَمْصَارِ وَنَفَاهَا أَهْلُ الظَّاهِرِ

"As for the times of necessity and excuse, the jurists of the major lands (amshar) affirmed them as we have stated, while the literalists (Ahl al-Zahir) denied them." (Bidayah Al-Mujtahid, 1/106)

Thus, in this matter, there are two groups of scholars with different views regarding the time of Isha. Namely, the scholars of the amshar (1) covering the followers of the 4 Schools (Madzhab) and the Zahiris.(2)

The 4 Madzhabs (Hanafi, Maliki, Shafi'i, and Hanbali)

Hanafi Madzhab Imam As-Sarakhsi said,

فَأَمَّا آخِرُ وَقْتِ الْعِشَاءِ فَقَدْ قَالَ فِي الْكِتَابِ إلَى نِصْفِ اللَّيْلِ وَالْمُرَادُ بَيَانُ وَقْتِ إبَاحَةِ التَّأْخِيرِ فَأَمَّا وَقْتُ الْإِدْرَاكِ فَيَمْتَدُّ إلَى طُلُوعِ الْفَجْرِ الثَّانِي

"As for the end of the time of Isha, it is stated in the book that it is until the middle of the night, and the intent is to explain the time wherein delaying is permissible. As for the time of validity (idrak), it extends until the rising of the second dawn." (Al-Mabsut, 1/145)

Imam At-Tahawi said,

وَالِاخْتِيَارُ فِي صَلَاةِ الْعِشَاءِ التَّعْجِيلُ فِيهَا قَبْلَ مَضَى ثُلُثُ اللَّيْلِ، فَإِنْ فَاتَ فَقَبْلَ مَضَى نِصْفُ اللَّيْلِ، فَإِنْ فَاتَ فَتَارِكُهَا بِلَا عُذْرٍ مُسِيءٌ

"The choice (ikhtiyar) in the Isha prayer is to hasten it before one-third of the night has passed. If that is missed, then before half the night has passed. If that is missed, then the one who abandons it (delays it past that) without an excuse is a wrongdoer." (Al-Jassas in Sharh Mukhtasar At-Tahawi, 1/520)

Nevertheless, Imam Ibn Abidin, as a reference for the Hanafis, chose the view that praying Isha past the middle of the night without an excuse is makruh tanzih (disliked but not sinful), not makruh tahrim (prohibitively disliked). Meaning it is blameworthy, but does not reach the level of prohibition or result in sin.(3) This differs from Imam As-Shurunbulali who viewed it as makruh tahrim.(4) This latter view corresponds with the apparent opinion of the majority of Hanafis who view the default ruling of the term 'makruh' as makruh tahrim, as is the view of Imam At-Tahawi above.

Here it is clearly seen that the end of Isha time is until the entrance of Subuh time. However, the tolerated time (choice) to delay the prayer is until the middle of the night. As for past the middle of the night, it is still considered Isha time and is called the time of necessity (darurat), but it applies only to those who have an excuse. This Hanafi opinion also corresponds with the opinion of Ibn Habib, Ibn Al-Mawwaz, and was leaned towards by Al-Lakhmi from the Malikis.(5) It is also one of the narrated opinions of Imam Ahmad and was chosen by some major scholars of the Hanbali school, including Qadi Abu Ya’la, the Shaykhayn (Ibn Qudamah and Abu Al-Barakat Ibn Taymiyyah), and Ibn ‘Aqil.(6) As well as one of the opinions of Imam Al-Shafi'i and followed by some major figures of the Shafi'i school such as Sheikh Abu Hamid, Al-Mahamili, Al-Jurjani, and Ar-Ruyyani(7), and it is the opinion authenticated by An-Nawawi in one of his books.(8) Ibn Al-Mundhir mentioned that this is the most authentic opinion of Al-Shafi'i among his other opinions.(9)

Maliki Madzhab Imam Ibn Abdil Barr said,

وَقْتُ صَلَاةِ الْعِشَاءِ مَغِيبُ الشَّفَقِ وَهِيَ الْحُمْرَةُ الَّتِي تَكُونُ فِي الْمَغْرِبِ بَعْدَ غُرُوبِ الشَّمْسِ ثُمَّ لَا يَزَالُ وَقْتُهَا الْمُخْتَارُ بِهِ مَمْدُودًا إِلَى ثُلُثُ اللَّيْلِ وَقِيلَ إِلَى نِصْفِ اللَّيْلِ وَالْأَوَّلُ قَوْلُ مَالِكٍ وَمَنْ صَلاَّهَا قَبْلَ الْفَجْرِ فَقَدْ صَلَاهُ فِي وَقْتِهَا عِنْدَ مَالِكٍ وَإِنْ كُرِهَ لَهُ ذَلِكَ

"The time for Isha prayer is the disappearance of the shafaq, which is the redness in the west after sunset. Then its time of choice (ikhtiyar) remains extended until one-third of the night. Some say until the middle of the night. The first is the opinion of Malik. And whoever prays it before Fajr has indeed prayed it in its time according to Malik, although that is disliked for him." (Al-Kafi fi Fiqh Ahli Al-Madinah 1/91)

The third of the night intended here is the first third of the night, as asserted by Imam Ibn Rushd Al-Jadd.(10) This is what is famous from the Madzhab of Imam Malik and was followed by Ibn Qasim and Ashhab from among his students.(11) Imam Malik even disapproved of someone performing Isha prayer exactly at the third of the night, as narrated by Ibn Qasim from him.(12) As for passing the first third of the night without an excuse, the person who prays at that time is sinful according to the Malikis, because the time of necessity has entered. Imam Al-Hattab said,

تَصَوُّرُهُ وَاضِحٌ وَيَعْنِي أَنَّ مَنْ أَوْقَعَ الصَّلَاةَ فِي وَقْتِهَا الضَّرُورِيِّ فَإِنَّهُ يَأْثَمُ إذَا أَخَّرَهَا إلَيْهِ مِنْ غَيْرِ عُذْرٍ وَإِنْ كَانَ مُؤَدِّيًا، وَهَذَا الَّذِي جَزَمَ بِهِ فِي الْمُقَدِّمَاتِ قَالَ فِيهَا: "اتَّفَقَ أَصْحَابُ مَالِكٍ عَلَى أَنَّهُ لَا يَجُوزُ تَأْخِيرُ الصَّلَاةِ عَنْ الْوَقْتِ الْمُخْتَارِ الْمُسْتَحَبِّ إلَى مَا بَعْدَهُ مِنْ وَقْتِ الضَّرُورَةِ إلَّا مِنْ ضَرُورَةٍ"

"Its illustration is clear, meaning that whoever performs the prayer in its time of necessity, he sins if he delays it until then without an excuse, even if he is considered to be performing it (not making it up). This is what was asserted in Al-Muqaddimat. He (Ibn Rushd Al-Jadd) said therein: 'The companions of Malik agreed that it is not permissible to delay the prayer from the recommended time of choice to what is after it from the time of necessity except due to necessity.'" (Mawahib Al-Jalil, 1/409)

Here it is clearly visible, the similarity in stance between the Hanafis and Malikis in viewing the time of necessity. They only differ in establishing the time. The Hanafis establish the time of necessity for Isha after the middle of the night, while the Malikis establish it after the first third of the night. Wallahu a’lam.

Hanbali Madzhab 
The Hanbalis are also the same as the Maliki and Hanafi Madzhabs. The Hanbali Madzhab views that the time of Isha applies until the entrance of the Subuh prayer. However, the limit of the time of choice (ikhtiyar) to delay the performance of Isha prayer is until the first third of the night. If it passes the first third of the night, it is still considered Isha time but applies only to those who have an excuse. The Hanbali opinion is the same as the Maliki Madzhab in this regard. Imam Ibn Muflih said,

ثُمَّ يَلِيهِ وَقْتُ الْعِشَاءِ الْمُخْتَارُ إلَى ثُلُثِ اللَّيْلِ، نَقَلَهُ وَاخْتَارَهُ الْأَكْثَرُ

"Then following it is the chosen time of Isha, until one-third of the night. It was narrated from him (Imam Ahmad) and chosen by the majority (of Hanbalis)." (Al-Furu’, 1/432)

Imam Ibn Qudamah said,

فَإِذَا ذَهَبَ ثُلُثُ اللَّيْلِ ذَهَبَ وَقْتُ الِاخْتِيَارِ، وَوَقْتُ الضَّرُورَةِ مُبْقًى إلَى أَنْ يَطْلُعَ الْفَجْرُ الثَّانِي

"When one-third of the night has passed, the time of choice has passed, and the time of necessity remains until the second dawn rises." (Al-Mughni, 1/278)

The third of the night intended is the first third of the night as asserted by Ibn Qudamah Al-Maqdisi(13). Like the Malikis, the Hanbali Madzhab also strictly forbids delaying Isha prayer until the arrival of the time of necessity, which is after the first third of the night. Imam Al-Mardawi said,

لَا يَجُوزُ تَأْخِيرُ الصَّلَاةِ وَلَا بَعْضِهَا إلَى وَقْتِ ضَرُورَةٍ مَا لَمْ يَكُنْ عُذْرٌ عَلَى الصَّحِيحِ مِنْ الْمَذْهَبِ، قَالَ فِي الْفُرُوعِ: وَيَحْرُمُ التَّأْخِيرُ بِلَا عُذْرٍ إلَى وَقْتِ ضَرُورَةٍ فِي الْأَصَحِّ

"It is not permissible to delay the prayer nor part of it to the time of necessity as long as there is no excuse according to the correct view of the Madzhab. He (Ibn Muflih) said in Al-Furu’: 'And it is prohibited to delay without an excuse until the time of necessity according to the most correct view.'" (Al-Insaf fi Ma’rifah Ar-Rajih, 1/436)

Shafi'i Madzhab Like the other 3 Madzhabs, the Shafi'is also establish that Isha time applies until the entrance of Subuh time. Imam An-Nawawi said,

وَالْعِشَاءُ بِمَغِيبِ الشَّفَقِ وَيَبْقَى إِلَى الْفَجْرِ وَالْاِخْتِيَارُ أَنْ لَا تُؤَخَّرَ عَنِ ثُلُثِ اللَّيْلِ

"And Isha (starts) with the disappearance of the shafaq (red twilight) and remains until dawn, and the choice (ikhtiyar) is that it should not be delayed beyond one-third of the night." (Minhaj At-Talibin, 1/21)

Like the Malikis and Hanbalis, the Shafi'is also establish the time of choice (ikhtiyar) until the first third of the night. However, the Shafi'is do not mention the existence of a time of necessity (darurat) for Isha time as the other Madzhabs do. Instead, they refer to it as the time of permissibility (jawaz) if it has passed the time of choice. Imam An-Nawawi said,

لِلْعِشَاءِ أَرْبَعَةُ أَوْقَاتٍ فَضِيلَةٍ وَاخْتِيَارٍ وَجَوَازٍ وَعُذْرٍ فَالْفَضِيلَةُ أَوَّلُ الْوَقْتِ وَالِاخْتِيَارُ بَعْدَهُ إلَى ثُلُثِ اللَّيْلِ فِي الْأَصَحِّ وَفِي قَوْلٍ نِصْفُهُ وَالْجَوَازُ إلَى طُلُوعِ الْفَجْرِ الثَّانِي وَالْعُذْرُ وَقْتُ الْمَغْرِبِ لِمَنْ جَمَعَ بِسَفَرٍ أَوْ مَطَرٍ

"Isha has 4 times: virtue, choice, permissibility, and excuse. The time of virtue is the beginning of the time. The time of choice is after it until one-third of the night according to the most correct view, and in another opinion half of it. The time of permissibility is until the rising of the second dawn. And the time of excuse is the time of Maghrib for those combining prayers due to travel or rain." (Al-Majmu’ Sharh Al-Muhadhdhab, 3/40)

Nevertheless, some Shafi'i scholars asserted its dislike (karahah) although it is permissible if Isha prayer is performed beyond the first third of the night. Al-Hafiz Abu Zur’ah Al-‘Iraqi said,

(ِإنَّ وَقْتَ الْجَوَازِ إِلَى الْفَجْرِ) أَيْ مَعَ كَراهَةٍ كَمَا صَرَّحَ بِهِ الرُّويَانِي فِي "الْبَحْرِ"

"(That the time of permissibility is until dawn), meaning with dislike as asserted by Ar-Ruyani in Al-Bahr." (Tahrir Al-Fatawa, 1/205)

However, this was rebutted by Zakariya Al-Ansari who asserted that the disliked time is the time between the two dawns (the span between the false dawn and the true dawn). This was also asserted by Al-Haytami and Khatib As-Shirbini who are among the pillars of reference for later Shafi'is.(14) Shaykh Al-Islam Zakariya Al-Ansari said,

وَلَهَا سَبْعَةُ أَوْقَاتٍ وَقْتُ فَضِيلَةٍ وَوَقْتُ اخْتِيَارٍ وَوَقْتُ جَوَازٍ بِلَا كَرَاهَةٍ إلَى مَا بَيْنَ الْفَجْرَيْنِ وَبِهَا إلَى الْفَجْرِ الثَّانِي وَوَقْتُ حُرْمَةٍ وَوَقْتُ ضَرُورَةٍ وَوَقْتُ عُذْرٍ

"And it has seven times: time of virtue, time of choice, time of permissibility without dislike until what is between the two dawns, and with it (dislike) until the second dawn, time of prohibition, time of necessity, and time of excuse." (Fath Al-Wahhab 1/36)

From here it is clear that the Shafi'i Madzhab is somewhat different in addressing the time of necessity for Isha time, where Shafi'is do not apply the time of necessity in the sense of it being forbidden to delay prayer to that time if the time of choice has passed, unlike the other 3 Madzhabs. Thus, the Shafi'i Madzhab is the loosest Madzhab in this regard. What is famous in the Shafi'i Madzhab is the permissibility of delaying Isha time until dawn rises—it is disliked if it has entered the false dawn or between the two dawns according to some later Shafi'is—(15) and there is no term of time of necessity in the span from the entrance of Isha time until the entrance of Subuh time. Thus is the difference of the Shafi'is with the Hanafis, Malikis, and Hanbalis in this matter, although these four Madzhabs agree that the limit of Isha time as a whole is the entrance of Subuh time. They differ only in establishing the time of necessity after the passing of the time of choice (ikhtiyar).

The consequence of this opinion is that a menstruating or postpartum woman who becomes pure after the passing of the time of choice for Isha (past the middle of the night according to Hanafis or past the first third of the night according to Malikis, Shafi'is, and Hanbalis), then she is still obligated to perform the Isha prayer. Likewise, a person who converts to Islam at that time, or reaches puberty at that time, or recovers from insanity at that time, they are still obligated to perform the Isha prayer.

Evidences & Reasoning The evidence for this opinion is the saying of the Prophet, the action of the Prophet, and qiyas(analogy) to the time of Witr prayer. Also the athar from Umar bin Al-Khattab. Regarding the saying of the Prophet, he said,

أَمَا إِنَّهُ لَيْسَ فِي النَّوْمِ تَفْرِيطٌ، إِنَّمَا التَّفْرِيطُ عَلَى مَنْ لَمْ يُصَلِّ الصَّلَاةَ حَتَّى يَجِيءَ وَقْتُ الصَّلَاةَ الْأُخْرَى

"Negligence does not apply in sleep. Indeed, negligence is upon the one who does not perform the prayer until the time of the other prayer comes." (Narrated by Muslim: 681 from Abu Qatadah Al-Ansari)

The reasoning: He delivered this saying when the Prophet and the companions overslept until they missed Subuh time during a journey. He and the companions finally performed Subuh prayer when the sun had risen. Thus, the sleep he meant was night sleep and the prayer time he meant in this case was Isha time.

As for the action of the Prophet, Aisha narrated,

أَعْتَمَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ذَاتَ لَيْلَةٍ حَتَّى ذَهَبَ عَامَّةُ اللَّيْلِ، وَحَتَّى نَامَ أَهْلُ الْمَسْجِدِ، ثُمَّ خَرَجَ فَصَلَّى

"The Prophet delayed Isha one night until the majority of the night had passed, and until the people of the mosque slept. Then he came out and established the prayer." (Narrated by Muslim: 638)

The reasoning: "The passing of the majority of the night" indicates that the Isha prayer was established after the middle of the night had passed or during the last third of the night.(16)

As for qiyas to Witr, the Messenger of Allah said,

إِنَّ اللَّهَ عَزَّ وَجَلَّ قَدْ أَمَدَّكُمْ بِصَلَاةٍ وَهِيَ خَيْرٌ لَكُمْ مِنْ حُمْرِ النَّعَمِ وَهِيَ الْوِتْرُ، فَجَعَلَهَا لَكُمْ فِيمَا بَيْنَ الْعِشَاءِ إِلَى طُلُوعِ الْفَجْرِ

"Indeed Allah ‘Azza wa Jalla has added for you a prayer which is better for you than red camels, that is Witr. He made it for you between Isha until the rising of dawn." (Narrated by Abu Dawud: 1418, At-Tirmidhi: 452, and Ibn Majah: 1168 from Kharijah bin Hudhafah)

The reasoning: Allah made Witr as a follower for Isha prayer. Because its time is between the beginning of Isha time until the rising of dawn. Meaning, Witr prayer is not valid if performed before Isha time enters. If Witr prayer alone, whose time depends on the entrance of Isha prayer time, turns out to be valid until the rising of dawn (Subuh time), then Isha prayer is even more worthy to be valid until the rising of dawn. Because Witr is the follower of Isha prayer. So the follower must follow the one followed. If the follower (Witr prayer) alone has time until Subuh, then the one followed surely has the same time as the follower.

As for the athar of Umar, Nafi’ bin Jubair narrated that Umar bin Al-Khattab wrote a letter to Abu Musa Al-‘Ash’ari,

وَصَلِّ الْعِشَاءَ أَيَّ اللَّيْلِ شِئْتَ

"Pray Isha at any time of the night you wish." (Narrated by Ibn Abi Shaybah in Al-Mushannaf: 3231)

Like Umar, Abdullah bin Abbas said, "The limit of Maghrib time is Isha time and the (limit) of Isha time is the rising of dawn." (Narrated by Ibn Al-Mundhir in Al-Awsat: 977)

Evidences & Reasoning for Time of Necessity As explained previously, there are 3 Madzhabs namely Hanafis, Malikis, and Hanbalis who establish the existence of a time of necessity for Isha time, which is a specific time applicable to those affected by an excuse. If a person without an excuse intentionally delays Isha time until the time of necessity, then these three Madzhabs—the majority of scholars—view that the person has sinned and is considered to be neglecting the Isha prayer. However, there is a difference in establishing that time of necessity for Isha. Hanafis establish it after the middle of the night, while Malikis and Hanbalis establish it after the first third of the night.

The evidence for the existence of this time of necessity is qiyas to the Sunnah, the athar of Umar, and the opinion of the companions. Regarding qiyas (analogy) to the Sunnah, it is the saying of the Prophet,

تِلْكَ صَلَاةُ الْمُنَافِقِ، يَجْلِسُ يَرْقُبُ الشَّمْسَ حَتَّى إِذَا كَانَتْ بَيْنَ قَرْنَيِ الشَّيْطَانِ قَامَ فَنَقَرَهَا أَرْبَعًا، لَا يَذْكُرُ اللهَ فِيهَا إِلَّا قَلِيلًا

"That is the prayer of the hypocrite. He sits watching the sun until when it is between the two horns of Satan, he stands and pecks it four times (quickly). He does not remember Allah in it except a little." (Narrated by Muslim: 622 from Anas bin Malik)

The reasoning: Procrastinating prayer is a characteristic of hypocrisy, even if it has not exited its time. If the Prophet mentioned that regarding Asr prayer, then this also applies generally to obligatory prayers. Because, the Asr prayer mentioned by the Prophet here is just an example, so the time of necessity in Isha prayer is also analogized (qiyas) with that Hadith.

The athar of Umar bin Al-Khattab. Aslam said,

أَنَّ عُمَرَ كَتَبَ أَنَّ وَقْتَ الْعِشَاءِ الْآخِرَةِ إِذَا غَابَ الشَّفَقُ إِلَى ثُلُثِ اللَّيْلِ الْآخَرِ وَلَا تُؤَخِّرُوا ذَلِكَ إِلَّا مَنْ شُغِلَ

"Indeed Umar wrote that the time of the last Isha is when the twilight disappears until the last third of the night, and do not delay that except for one who is occupied (with an excuse)." (Narrated by Ibn Al-Mundhir in Al-Awsat fi As-Sunan: 971)

The reasoning: Here Umar gave an exception for those occupied by an excuse. This indicates that the time of necessity exists. If not, Umar would not have said so. This statement of Umar is further strengthened by the statement of the Companion Abdurrahman bin Auf,

إِذَا طَهُرَتِ الْحَائِضُ قَبْلَ أَنْ تَغْرُبَ الشَّمْسُ صَلَّتِ الظُّهْرَ وَالْعَصْرَ جَمِيعًا، وَإِذَا طَهُرَتْ قَبْلَ الْفَجْرِ صَلَّتِ الْمَغْرِبَ وَالْعِشَاءَ جَمِيعًا

"If a menstruating woman becomes pure before the sun sets, she prays Dhuhr and Asr combined. If she becomes pure before Fajr, she prays Maghrib and Isha combined." (Narrated by Ibn Abi Shaybah in Al-Mushannaf: 7205, Ibn Al-Mundhir in Al-Awsat: 824, and Al-Bayhaqi in Al-Kubra: 1815)

This indicates that the time of necessity is a matter well-known among the companions. Because those who narrated it are senior companions of the caliber of Umar bin Al-Khattab and Abdurrahman bin Auf, and it is not famously known that any companion opposed that.

Evidence for Non-Existence of Time of Necessity Some other scholars, namely the Shafi'is, negate the existence of the time of necessity. The evidence of the Shafi'i scholars who do not establish a time of necessity until the entrance of Subuh time is the generality of the Prophet's saying,

أَمَا إِنَّهُ لَيْسَ فِي النَّوْمِ تَفْرِيطٌ، إِنَّمَا التَّفْرِيطُ عَلَى مَنْ لَمْ يُصَلِّ الصَّلَاةَ حَتَّى يَجِيءَ وَقْتُ الصَّلَاةَ الْأُخْرَى

"Negligence does not apply in sleep. Indeed, negligence is upon the one who does not perform the prayer until the time of the other prayer comes." (Narrated by Muslim: 681 from Abu Qatadah Al-Ansari)

And combined with several opinions of companions mentioning that Isha time is until the rising of dawn, as is the opinion of Abdullah bin Abbas, Abu Hurairah(17), and one of the narrated statements of Umar. Wallahu a’lam.

Zahiri (Literalists) The Ahl al-Zahir or Zahiriyyah is a Madzhab attributed to Dawud bin Ali Adh-Dhahiri. One of the main pillars who became a reference in the Zahiri Madzhab is Imam Ibn Hazm Al-Andalusi Adh-Dhahiri. This Madzhab views that the end of Isha time is the middle of the night without establishing a time of choice and a time of necessity. According to this opinion, a person who delays Isha prayer until past midnight is equivalent to praying Isha outside its time and certainly he sins if he intentionally delays it. Imam Ibn Hazm said,

ثُمَّ يَتَمَادَى وَقْتُ صَلَاةِ الْعَتَمَةِ إلَى انْقِضَاءِ نِصْفِ اللَّيْلِ الْأَوَّلِ، وَابْتِدَاءِ النِّصْفِ الثَّانِي -: فَمَنْ كَبَّرَ لَهَا فِي أَوَّلِ النِّصْفِ الثَّانِي مِنْ اللَّيْلِ فَقَدْ أَدْرَكَ صَلَاةَ الْعَتَمَةِ بِلَا كَرَاهَةٍ، وَلَا ضَرُورَةٍ فَإِذَا زَادَ عَلَى ذَلِكَ فَقَدْ خَرَجَ وَقْتُ الدُّخُولِ فِي صَلَاةِ الْعَتَمَة

"Then the time of the 'atamah (Isha) prayer extends until the expiry of the first half of the night, and the beginning of the second half. So whoever says Takbir for it in the beginning of the second half of the night has caught the 'atamah prayer without dislike, and without necessity. If he exceeds that, then he has exited the time of entry for the 'atamah prayer." (Al-Muhalla bi Al-Athar, 2/198)

The consequence according to this opinion is that a menstruating or postpartum woman who becomes pure, or a person who converts to Islam, or a person who reaches the age of puberty after the passing of the middle of the night, then she/he is not obligated to perform Isha prayer at all, because Isha time has expired.

This opinion of the Zahiris is followed by some reputable scholars like Imam Al-Bukhari from among the mutaqaddimin(early scholars),(18) Ash-Shawkani and As-San’ani,(19) and was leaned towards by Ibn Hajar Al-Asqalani from the Shafi'is.(20) Also Ibn Al-Uthaymeen from the contemporary Hanbalis(21) and Al-Albani.(22) A similar view was also narrated from one of the opinions of Imam Al-Shafi'i and chosen by Al-Istakhri from the mutaqaddimin Shafi'is and some other Shafi'is. Except that according to some of these Shafi'is the end of its time is not the middle of the night, but the first third of the night.(23)

Imam As-San’ani said,

وَبِصَلَاةِ الْعِشَاءِ فَإِنْ آخِرَهُ نِصْفُ اللَّيْلِ وَلَيْسَ وَقْتًا لِلَّتِي بَعْدَهَا، وَقَدْ قُسِّمَ الْوَقْتُ إلَى اخْتِيَارِيٍّ وَاضْطِرَارِيٍّ، وَلَمْ يَقُمْ دَلِيلٌ نَاهِضٌ عَلَى غَيْرِ مَا سَمِعْت

"And with the Isha prayer, because its end is the middle of the night and it is not a time for the one after it. Although the time has been divided into choice and necessity, there is no strong evidence standing for other than what you have heard." (Subul As-Salam, 1/159)

An-Nawawi explained, "Abu Said Al-Istakhri said, 'If the time of choice has passed, then Isha time has expired and he sins by leaving it, so the prayer becomes qada status.' His statement also contains 2 possibilities narrated by Al-Qaffal in Sharh At-Talkhis from Abu Bakr Al-Farisi. While Al-Shafi'i said in the Chapter of Facing the Qibla, 'If one-third of the night has passed, then I do not see Isha time except that it has expired.' Among the followers of our Madzhab, there are those who agree with Al-Istakhri because of the apparent meaning of this text (statement of Al-Shafi'i)." (Al-Majmu', 3/39-40)

Evidences & Reasoning The evidence is the saying of the Prophet,

فَإِذَا صَلَّيْتُمُ الْعِشَاءَ فَإِنَّهُ وَقْتٌ إِلَى نِصْفِ اللَّيْلِ

"When you pray Isha, then its time is until the middle of the night." (Narrated by Muslim: 612 from Abdullah bin Amr)

The literal meaning of this Hadith explains that Isha time is only until the middle of the night. There is not a single Hadith that exclusively explains that the Messenger of Allah mentioned that Isha time is until dawn. Neither in speech nor action. On the contrary, the Messenger of Allah only ever delayed Isha prayer until the middle of the night, not more than that. The Companion Abu Barzah Al-Aslami said,

كَانَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يُبَالِي بَعْضَ تَأْخِيرِ صَلَاةِ الْعِشَاءِ إِلَى نِصْفِ اللَّيْلِ، وَكَانَ لَا يُحِبُّ النَّوْمَ قَبْلَهَا، وَلَا الْحَدِيثَ بَعْدَهَا

"The Messenger of Allah used to not mind some delay of Isha prayer until the middle of the night. He did not like sleeping before it, nor talking after it." (Narrated by Muslim: 647)

Al-Hafiz Al-Asqalani said,

لَكِنَّ أَحَادِيثَ التَّأْخِيرِ وَالتَّوْقِيتِ لَمَّا جَاءَتْ مَرَّةً مُقَيَّدَةً بِالثُّلُثِ وَأُخْرَى بِالنِّصْفِ كَانَ النِّصْفُ غَايَةَ التَّأْخِيرِ وَلَمْ أَرَ فِي امْتِدَادِ وَقْتِ الْعِشَاءِ إِلَى طُلُوعِ الْفَجْرِ حَدِيثًا صَرِيحًا يَثْبُتُ

"However, the contents of the Hadiths about delaying and timing, when they came once restricted to the third and other times to the half, the half became the utmost limit of delay. I have not seen regarding the extension of Isha time until the rising of dawn a clear Hadith that is established." (Fath Al-Bari, 2/52)

Conclusion 

Such are the views of the scholars along with the various evidences and reasoning they used. The view that Isha time is only until the middle of the night contradicts the opinion of the 4 Madzhabs, where the 4 Madzhabs agree that Isha time applies until the entrance of Subuh time. This indicates that the view (that Isha time is only until midnight) is the view of the minority of scholars. Whether following the four Madzhabs as the majority or the Zahiris as the minority, each opinion has consequences.

For those following the majority of scholars (4 Madzhabs), a woman who becomes pure from menstruation and postpartum, or a person who just converted to Islam, or who just reached puberty past midnight until the entrance of Subuh time, remains obligated to perform the Isha prayer. Likewise, a person who just woke up from sleep or recovered from fainting past midnight, then the Isha prayer he performs is not yet considered outside its time.

As for those following the Zahiris and some other scholars, a woman who becomes pure from menstruation and postpartum, or a person who just converted to Islam, or who just reached puberty past midnight until the entrance of Subuh time, is no longer obligated to perform Isha prayer, because Isha time has expired. As for the person who just woke up from sleep or recovered from fainting past midnight, then the Isha prayer he performs is considered outside its time and the prayer he performs has the status of qada. (24) Wallahu a’lam bi as-shawab

Summary

The 4 Madzhabs agree that Isha time is until the entrance of Subuh time. Unlike the Zahiri Madzhab which views that Isha time is only until the middle of the night. Meaning, according to the Zahiri Madzhab, a person who delays prayer until past the middle of the night has prayed outside its time, so it must be intended as qada and certainly incurs a major sin for intentionally praying outside its time.

Whereas regarding the 4 Madzhabs, even though the 4 Madzhabs agree that Isha time is until the entrance of Subuh time, the scholars differ regarding: is it permissible to simply delay or postpone Isha time without an excuse? According to Hanafis, the tolerance limit for Isha time to be delayed for those without an excuse is the middle of the night, while Malikis and Hanbalis say the first third of the night. So according to these three Madzhabs, a person who intentionally delays Isha prayer time without an excuse beyond the tolerance time (entering time of necessity), has sinned even though his prayer is still considered not to have exited its time (not qada prayer). Whereas Shafi'is do not establish a tolerance time limit or time of necessity, so according to Shafi'is, a person who intentionally delays the performance of Isha prayer without an excuse past the middle of the night or approaching Subuh is not sinful and it is certainly still considered within Isha time. Wallahu a’lam