Ruling on seeking refuge with Allaah before reciting al-Faatihah in the prayer

Firstly: 

It is proven
that the Prophet (peace and blessings of Allaah be upon him) used to
seek refuge with Allaah before reciting al-Faatihah in the prayer. Narrated
by Abu Dawood (775) and classed as saheeh by al-Albaani. 

Secondly: 

The scholars
differed as to the ruling on seeking refuge with Allaah before reciting
al-Faatihah in the prayer. Some of them were of the view that it is
obligatory. This is the view of ‘Ata’, al-Thawri, al-Awzaa’i and Dawood, as
was narrated by Ibn Hazm in al-Muhalla (3/247-248), and it was the
view favoured by him. It was also narrated from Ahmad and was favoured by
Ibn Battah, as it says in al-Insaaf (2/119). Among later scholars
this view was favoured by Shaykh al-Albaani (may Allaah have mercy on them
all).  

Others were
of the view that it is only mustahabb and is not obligatory. This is the
view of the majority of scholars among the Sahaabah and Taabi’een and of the
Imams Abu Haneefah and al-Shaafa’i, and Ahmad according to the well known
view of his madhhab. 

See:
Tabyeen al-Haqaa’iq (1/107); al-Majmoo’ (3/280-282), al-Mughni
(1/283); al-Fataawa al-Kubra by Ibn Taymiyah (5/332). 

Those who
say that it is obligatory quoted as evidence the verse in which Allaah says
(interpretation of the meaning): 

“So when
you want to recite the Qur’aan, seek refuge with Allaah from Shaytaan
(Satan), the outcast (the cursed one)”

[al-Nahl
16:98]

They said:
In this verse there is the command to seek refuge with Allaah, and the basic
principle is that a command means that something is obligatory, so long as
there is no other evidence to indicate that what is meant in the command is
mustahabb. 

Ibn Hazm
said in al-Muhalla (2/279): 

With regard
to the view of Abu Haneefah and al-Shaafa’i, that seeking refuge with Allaah
is not obligatory, this is wrong, because Allaah, may He be exalted, says:
“So when you want to recite the Qur’aan, seek refuge with Allaah from
Shaytaan (Satan), the outcast (the cursed one)”. When Allaah commands
something, it is wrong for anyone to say without any evidence from the
Qur’aan or Sunnah that this is not obligatory, especially His command to
pray for Him to protect us from the tricks of the shaytaan.  So this command
is definitely obligatory, because avoiding the shaytaan and fleeing from him
and asking for protection against him are things that no one can dispute are
obligatory. Moreover, Allaah has enjoined that upon us when reading Qur’aan.
End quote. 

The majority
of scholars responded by noting that there is other evidence which indicates
that it is mustahabb rather than obligatory. This other evidence is: 

1 – The
hadeeth about the man who did not pray properly. The Prophet (peace and
blessings of Allaah be upon him) taught him how to pray and said: “When you
go to pray, say takbeer, then recite whatever you can of the Qur’aan. Then
bow …” Narrated by al-Bukhaari and Muslim (397). And he did not tell him to
seek refuge with Allaah. 

Imam
al-Shaafa’i said in al-Umm (1/208): 

If he omits
it by mistake or out of ignorance or deliberately, he does not have to
repeat it or do the prostration of forgetfulness, but I regard it as makrooh
to omit it deliberately. If he omits it in the first rak’ah, I prefer for
him to say it in some other rak’ah. The only thing that keeps me from
telling him to repeat the prayer is the fact that when the Prophet
(peace and blessings of Allaah be upon him) taught a man what is sufficient
in prayer he said: “say takbeer, then recite…”, and it is not narrated that
he told him to seek refuge with Allaah or recite the opening du’aa’. This
indicates that the Messenger of Allaah (peace and blessings of Allaah
be upon him) regarded the opening du’aa’ as something optional, and that
seeking refuge with Allaah is something that does not invalidate the prayer
if it is omitted. End quote. 

2 –It says
in al-Mawsoo’ah al-Fiqhiyyah (4/6): 

The majority
quoted as evidence that the command means that it is recommended and not
obligatory the fact that the salaf were unanimously agreed that it is
Sunnah. End quote.  

The scholars
of the Standing Committee for Issuing Fatwas also favoured the view that it
is mustahabb and not obligatory, as did Shaykh Ibn ‘Uthaymeen. 

It says in
Fataawa al-Lajnah al-Daa’imah (6/383): 

What is the
ruling on one who forgets to seek refuge with Allaah from the accursed
shaytaan and remembers after finishing the prayer, if he remembers that he
did not say A’oodhu Billaahi min al-shaytaan il-rajeem (I seek refuge
with Allaah from the accursed shaytaan) whilst he was praying? 

They
replied: 

Seeing
refuge with Allaah is Sunnah, and it does not matter if it is omitted from
the prayer whether deliberately or by mistake. End quote. 

Shaykh Ibn
‘Uthaymeen was asked: Should one seek refuge with Allaah in every rak’ah or
only in the first rak’ah? 

He replied: 

Seeking
refuge with Allaah from the accursed shaytaan in prayer is Sunnah. 

The scholars
(may Allaah have mercy on them) differed as to whether one should seek
refuge with Allaah in every rak’ah or only in the first rak’ah, based on the
recitation in prayer – is it regarded as one recitation or is the recitation
in each rak’ah separate? 

It seems to
me that the recitation in prayer is one recitation, so one should seek
refuge with Allaah in the first rak’ah, unless there happens something that
requires seeking refuge with Allaah, such as if there come whispers from the
shaytaan (waswaas), because if whispers come from the shaytaan, the
Messenger (peace and blessings of Allaah be upon him) enjoined spitting
drily to the left three times and seeking refuge with Allaah from the
accursed shaytaan. End quote. 

Majmoo’
Fataawa Ibn ‘Uthaymeen (13/110) 

This view is
also favoured in the answer to question no.
65847. 

And Allaah
knows best.