Is it permissible to step over people (takhassi) to reach an empty space during congregational prayer if the space is blocked?
General Chapter
Al-Mughni
Book of Friday Prayer
Primary text
It is permissible to step over people to reach an available space. Ahmad stated that a man should enter as much space as he is able and should not leave an empty space immediately in front of him. If someone mistakenly leaves a space ahead of them and sits elsewhere, the person arriving later should step over them to reach the empty spot, as there is no sanctity for someone who leaves space ahead of themselves and sits in another place. Al-Awza'i permitted stepping over them toward a wider area. Qatada permitted stepping over them toward one's designated prayer spot, and Al-Hasan commanded stepping over the necks of those sitting at the entrances of mosques because they have no sanctity. This permission, according to Ahmad and those who agree with him in the first narration, applies particularly when people leave a wide space, such as those in the back rows who leave vacant rows ahead of them. Stepping over them is permissible because it is unavoidable necessity, and their position violates the command of the Prophet, peace be upon him, by rejecting the virtue of the first rows and sitting in the worst ones.
Supporting text
There is a second narration from Ahmad which states that stepping over one or two people is acceptable because it is minor and overlooked, but if the number is large, it is disliked. Al-Shafi'i holds a similar view, except that if one cannot reach their prayer spot without stepping over people, then stepping over is permissible, God willing. This second narration applies to those who have not been negligent but sat in their spot because the space directly in front of them was full, though there was a nearby area where they could have managed to sit despite crowding.