Is it permissible to step over people in order to go back to one’s spot?

Firstly: Whoever sits in a place in the mosque and gets up
for a reason, such as doing wudoo’ etc., then returns to it, has more right
to it, because the Prophet (peace and blessings of Allaah be upon him)
said: “Whoever gets up from his spot then returns to it is more entitled to
it.” Narrated by Muslim, 2179. 

And he (peace and blessings of Allaah be upon him) said:
“A man is more entitled to his spot; if he leaves for a reason then comes
back to it, he is more entitled to his spot.” Narrated by al-Tirmidhi, 2751;
classed as saheeh by al-Albaani in Saheeh al-Jaami’, 3544. 

We have already explained this in the answer to question no.
66279 

The one who sits there must get up if the first person comes
back. 

Al-Nawawi (may Allaah have mercy on him) said: This is the
correct view according to our companions, and the one who has sat there must
leave if the first one comes back to it. Some of the scholars said: This is
mustahabb and is not obligatory. This is the view of Maalik. But the former
view is the one that is correct. 

Sharh al-Nawawi ‘ala Muslim,
14/162. 

This applies if he leaves his sport for a reason, then comes
back to it. But if he leaves it for no reason, then he forfeits his right to
it, and there is no scholarly difference of opinion on this point. This was
stated by al-Nawawi in al-Majmoo’, 4/420. 

Secondly: If returning to his spot means that he will step
over people, then the ruling should be based on the ruling on these two
matters: stepping over people, and stepping over people in order to reach a
gap in the front row. 

As for stepping over people, the scholars differed and there
are two views. Some scholars were of the view that it is makrooh, and others
are of the view that it is haraam. 

In the answer to question no. (41731), we have discussed
that, and stated that the correct view is that it is haraam. 

This is the first issue. The second issue is the ruling on
stepping over people in order to reach a gap in the front row. 

Ibn Qudaamah said in al-Mughni (2/101): 

If he sits in a place,
then he leaves it because he wants to do something or he needs to do wudoo’,
he may leave [i.e., even if that means that he has to step over people]
‘Uqbah said: I prayed ‘Asr behind the Prophet (peace and blessings of
Allaah be upon him) in Madeenah, then he said the salaam then he got up
quickly and stepped over the people until he reached the apartment of one of
his wives, and he said: “I remembered some gold nuggets that we had and I
did not want to be distracted by it, so I gave instructions that it be
shared out.” Narrated by al-Bukhaari… If he gets up and leaves his spot then
comes back, he has more right to it… The ruling with regard to stepping over
people in order to reach one’s spot is the same as one who sees a gap in
front of him. End quote. 

He also said: 

If he sees a gap which he
can only reach by stepping over people, two views have been narrated
concerning this. According to one view, he may step over them. Ahmad said: A
man go forward as far as he can, and he should not leave any empty space in
front of him. If he is unaware of that and he leaves an empty space in front
of him, one who comes after him should fill it and pass by him to reach the
empty space. There is no “sanctity” for one who has left an empty space in
front of him and has sat elsewhere. Al-Awzaa’i said: He should move past
them to the space. Qataadah said: He may move past them to the spot where he
wants to pray. Al-Hasan said: Step over those who are sitting at the doors
of the mosque, for they have no sanctity. Another report was narrated from
Ahmad, according to which there is nothing wrong with stepping over one or
two, because it is an insignificant matter and may be overlooked, but if one
steps over many people, we regard that as makrooh. This was also the view of
al-Shaafa’i. But if there is no other way to reach the spot where one will
pray, then he may step over people, in sha Allaah. Perhaps the view of Ahmad
and those who agreed with him in the first report applies to those who have
left a wide space, like those who form rows at the back of the mosque and
leave empty rows in front of them, who have no sanctity as al-Hasan said,
because they have gone against the command of the Prophet (peace and
blessings of Allaah be upon him) and have turned away from the best rows and
sat in the worst, and because there is no option but to step over them; and
his other opinion has to do with those who have not been heedless, because
the rows in front of them are full, and they sat wherever they could. If it
is not possible to pray without squeezing in and stepping over them, then it
is permissible, because that is a case of need. End quote. 

Al-Nawawi said in al-Majmoo’ (4/420): 

If he sees a gap in front of them, and he cannot reach it
except by stepping over them, then our companions said that it is not
makrooh to step over them, because those who are sitting behind it have been
negligent in not filling the gap, whether there are other gaps or not, and
whether it is close to them or not. But if there is another spot available,
it is better not to step over them. If there is a closer spot and he can
reach it without stepping over more than two men, then he may go there. If
it is far away and he hopes that they will move forward and fill it when the
iqaamah for prayer is given, then it is mustahabb for him to sit where he is
and not step over people, otherwise he may do that. And it is narrated that
Qataadah said: He may step over them to reach his spot. It was narrated from
Abu Nasr that it is permissible to do that with their permission. Ibn
al-Mundhir said: It is not permissible to do any of that in my view, because
it is haraam to cause annoyance, whether a lot or a little. End quote. 

Al-Haafiz narrated in Fath al-Baari (2/433) that Imam
al-Shaafa’i (may Allaah have mercy on him) said: 

It is makrooh to step
over people, except for one who cannot find a place to pray except by doing
that. End quote. 

Then al-Haafiz said: This includes the imam and anyone who
wants to reach a broken row if those who came before him refuse to do so,
and one who wants to reach a spot that he left for a necessary reason. End
quote. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in
al-Sharh al-Mumti’, 5/70: 

If someone were to say:
the hadeeth “Sit for you have caused annoyance” is general in meaning,
because the apparent situation is that there was a gap, because people do
not usually step over others unless there is a gap, our response is that: 

The fuqaha’ (may Allaah have mercy on them) made an exception
in this case and said: Because if there is a gap, they are the ones who have
wronged themselves, because they have gone against the command to fill the
gaps in the rows, and in that case the negligence is on their part, and is
not the fault of the one who steps over them. 

But what I think is that he should not step over them even if
there is a gap because the reason, which is annoyance, is still present.
There may be some reason why they did not go forward and fill the gap, such
as if the gap is not large but it became larger as people shifted position.
In that case it is not negligence on their part, so it is better to follow
the general meaning which is that he should not step over people to reach
the gap. But if he steps over some people and asks permission to do so in
order to reach this gap, then I hope that there is nothing wrong with that.
End quote. 

The point is that with regard to stepping over people, one of
the following two scenarios must apply: 

1 – That it is done for no reason. This is haraam because
Allaah says (interpretation of the meaning): 

“And those who annoy believing men and women undeservedly,
they bear (on themselves) the crime of slander and plain sin”

[al-Ahzaab 33:58] 

And the Prophet
(peace and blessings of Allaah be upon him) said to a man who stepped over
people: “Sit down, for you are causing annoyance.” 

2 – That it is done for a reason, in which case there is
nothing wrong with it in sha Allaah. This includes a number of things such
as: 

–        
The imam, if he cannot find a
way to reach his place except by stepping over people

–        
One who wants to leave his spot
for a reason, because of the hadeeth quoted above

–        
If a person is sitting in a
front row then he gets up for some reasons and then comes back, it is
permissible for him to step over people. 

To sum up our answer: 

There is nothing wrong, in sha Allaah, with stepping over
people in order to return to a spot which one has left, so long as that is
done in a polite manner, asking people’s permission. People are usually
tolerant of one who is stepping over them to return to a spot that he had
left. 

And Allaah knows best.