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Archive for the ‘Fiqh’ Category

Minhāj al-Sālikīn pt. 3

Chapter: Purifying the private parts and the etiquettes of answering the call of nature.

If one enters the bathroom he enters with the left leg first and says,

“In the Name of Allah (bismillah), Oh Allah, indeed, I seek refuge with You from the unclean and the filth.”[1]

When he exits, [he exits] with his right and says,

“You forgive (ghufraanak). All praise to Allah, Who kept from me the harmful and pardoned me from the harm.”[2]

When sitting down, he should lean on his left leg and raise his right leg; shield himself with a wall or something similar and stay away from open spaces. It is not permissible to relieve oneself on the roadways, the streets, place where people sit, underneath fruit bearing trees, or anyplace that can cause people harm. He should not face toward the Qiblah nor place his backside towards it while relieving himself. He (s) said,

“When you go to relieve yourselves, do not face towards the Qiblah, nor turn your backs towards it, whether you are urinating or defecating; rather face towards the east or the west.”[3]

After relieving himself, if he wipes with three stones or something similar, or cleaned the area and purified himself with water, then that is enough. It is sufficient to restrict to one of them only. He should not wipe himself with dung, manure, animal droppings, or bones. The Prophet (s) prevented us from using such things, therefore it is forbidden.

It is sufficient to wash the impurities of the body and the clothing, [such as] stains and something similar until the contaminated area vanishes. This is because the legislation does not stipulate the number of washing for removing the impurity, except for the impurity of a dog. [For the impurity of a dog] it is stipluated that the washing of the contaminated area occur seven times, with one of them being with dirt or dust.

The impure things are: natural [menstrual] blood, urine, and blood. One is pardon for the blood that flows continuously, as this is an exception. For example the blood that is shed from an edible animal, without staying in the meat or the veins, is pure. From the impure is the urine and feces of every animal whose consumption is forbidden, thus every carnivorous animal is impure. Also, the dead [are impure], except the blood of the dead and any dead person who not longer retains any fluids in him. Fish, shrimp, crayfish, locust, grasshoppers are pure. Allah say,  

“Forbidden for you are dead animals and blood.” (Al Ma’idah: 3)

The Messenger of Allah said,

“The believer is pure alive or dead.”[4]

He (s) also said,

“Permissible for you are the two dead and the two bloods; as for the two dead they are fish and locust; as for the two bloods they are the liver and spleen.”[5]

As for the feces and urine of animals whose consumption is permissible, it is clean. As for semen it is clean because the Prophet would clean off the sticky semen and scratch off the dried semen left on his clothing with his finger. Regarding the urine of a male toddler, who cannot consume solid foods, it is enough to sprinkle water on the [affected] area as he (s) said,

“Wash the urine of an infant girl and sprinkle water on the urine of an infant boy.”[6]

When the impure area decrease, it becomes clean and if the color or smell stays there is no harm. Likewise, the Prophet said to Khawlah bint Yasaar regarding menstruation blood,

“Water is sufficient for you and there is no harm in the [remaining] stain.”

 


[1] Related from ‘Anas. Bukhārī: 142, 5963; Muslim: 375.

[2] His (s) saying, “ghufraanak” is authentically reported and what comes after is not.  Ghufraanak is reported by Abū Dāwūd: 30; al-Tirmidhī: 7; ibn Mājah: 300; Aḥmad: 6/155.

[3] Muslim: 264, Bukhārī: 144

[4] Al-Haakim in Mustadrak no. 1422. Saheeh without the statement “alive or dead”

[5] Ibn Mājah: 3314, and Ahmad: 2/97; it is sahīh.

[6] Abū Dāwūd: 376, al-Nisā’i: 305, ibn Mājah: 526, ibn Khuzaymah: 283, al-Ṭabārī: 22/384, al-Ḥākim: 589, and al-Bayhaqī: 2/415.

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[The Ruling of Semen]

 Hadīth 25a

 25.) ‘Ā’ishah, may Allah be pleased with her, narrated that “Allah’s Messenger, may the peace and blessing of Allāh be upon him, used to wash off the semen, then depart for prayer in that garment, while I could still see the trace of the washing on it.” It is agreed upon.[1] 

 Explanation

 From ‘Ā’ishah, may Allah be pleased with her, she is the Mother of the Believers, the daughter of Abū Bakr al-Siddīq. Her mother is Umm Rūmān, the daughter of ‘Āmir. The Prophet proposed marriage for her in Makkah and then married her in Shawwāl in the tenth year of the Prophethood while she was six years old. He consummated the marriage in Al-Madīnah in Shawwāl in the second year of the hijrah – when she was nine years old – and there are other opinions. She was widowed at the age of eighteen, and he did not marry another virgin besides her. She asked the Prophet for a kunyah so he told her, “Take a kunyah based on the son of your sister, ‘Abd Allah ibn al-Zubayr.”[2]

She was a faqīhah and a scholar. She was eloquent and noble and narrated many adīths from Allāh’s Messenger. She was also knowledgeable concerning the history and poetry of the Arabs. A number of the Companions and the Tābi’īn narrated from her and ten verses from Sūrah al-Nūr were revealed to prove her innocence (of adultery). Allāh’s Messenger died in her house and was buried in it. She died in Madīnah in the year 57 – and it is also said 58 – on the night of Wednesday, the seventeenth day of Ramaān. She was buried in al-Baqī’ and Abū Hurayrah prayed over her. At the time, he was the khalīfah (deputy) of Marwān in Madīnah.

It is agreed upon. It was also reported by Bukhārī from the adīths of ‘Ā’ishah with different wordings that she would wash the semen from his (the Messengers) garment. In some of them, it is reported as, “While the mark of washing on his garment was like spots of water.” [3] In another wording, “So he would depart for prayer while spots of water were on his garment.”[4]  Also in another wording, “While the mark of washing on it was like spots of water,”[5]  Another has it as, “Then I would see it on it as if it were a spot or spots.”[6]

However, al-Bazzār said, “This adīth of ‘Ā’ishah revolves around Sulaymān ibn Yasār and he did not hear from ‘Ā’ishah.”[7] Al-Shāfi’ī preceded him in this view in al-Umm, citing it from someone else.[8] The response to what al-Bazzār said is that al-Bukhārī’s authentification of it – as well as Muslim – necessitates that he heard from ‘Ā’ishah and that the correct view is that it is marfū’.[9]

This adīth is used as a proof by those who hold the opinion that semen is impure such as the Hādawīyyah, the Ḥanafīyyah, and Mālik; and it is a narration from Aḥmad. They said that washing is not for anything except that which is impure, and they made qiyās between it and other filthy bodily excretions like urine and feces. The reasoning is that they all end up in the same place, they are all transformed from sustenance (food and drink). Also, any bodily excretions that require purification are impure (according to their argument), and semen is from those. Another reason is that it comes from the same route as urine, so it should be washed with water like the rest of the impurities. They formulated explanations to reconcile the following statement with their view.

Hadīth 25b

Muslim reports, “I used to scrape it from the garment of Allah’s Messenger, may the peace and blessing of Allāh be upon him, then he would pray in it.”[10]

 In one wording of his, “I used to scrape it, while dry, from his garment with my fingernail.”[11]

 Explanation

 Muslim has from ‘Ā’ishah, a wording which Bukhārī did not narrate, and it is her statement, “I used to scrape it from the garment of Allah ’s Messenger, may the peace and blessings of Allah be upon him, by rubbing (farkan). This is a madar of emphasis to confirm that she was rubbing it and scraping it.[12] Al-fark is to rub, so it is said, “he faraka the garment” if he rubbed it.

Then he would pray in it.”  In one wording of his, that is from Muslim from ‘Ā’ishah, “I used to scrape it, referring to the semen, while it was in the state of being dry, from his garment with my fingernail.”

Muslim is alone in narrating the mention of scraping and it was not reported by Bukhārī. However, rubbing and scraping were also narrated by al-Bayhaqī, al-Dāraquṭnī, ibn Khuzaymah, and ibn al-Jawzī from the ḥadīths of ‘Ā’ishah. The wording from al-Bayhaqī is, “Sometimes I would scrape it from the garment of Allāh’s Messenger while he was praying.”[13] The wording from al-Dāraquṭnī and ibn Khuzaymah is, “She used to scrape the semen from the garment of Allāh’s Messenger while he was praying.”[14] The wording of ibn Ḥibbān is, “I have found myself scraping the semen from the garment of Allāh’s Messenger while he was praying.”[15] Its narrators are from the narrators of the aī.

Similar to this adīth is the adīth of ibn ‘Abbās found with al-Dāraquṭnī and al-Bayhaqī that Allah’s Messenger was asked about semen getting on the garment so he said, “It is of the same status as mucus and spit,” and he said, “It is sufficient that you wipe it with a rag or idhkhirah.[16] After reporting it, al-Bayhaqī commented, “It was narrated by Wakī’ and ibn Abī Laylā in mawqūf fashion from ibn ‘Abbās and that is what is correct.”[17]

So those who hold the opinion that semen is impure interpreted these adīths to mean scraping along with washing with water and that is a far-fetched explanation. Conversely, the Shāfi’īyyah say that semen is pure, and they use these adīths as a proof for its purity. They said the adīths of washing are understood to mean that it is preferable and washing is not a proof for impurity because it could have been done for the sake of cleanliness and removal of filth and similar to that. They said that his likening it to spit and mucus is also a proof that it is pure, and the order for wiping it with a rag or idhkhirah is for removing filth that is disliked to remain on the garment of the muallī.[18] If it was impure, it would not be sufficient to just wipe it.

As for likening semen to the filthy excretions like urine and feces as those who say it is impure did, then there is to be no qiyās in the presence of a text. They (those who regard it impure) also say that these adīths about scraping and rubbing are only in regards to his (the Prophet’s) semen, and his (the Prophet’s) excretions are pure so others are not included in this. The response to this is that ‘Ā’ishah has informed about the scraping of the semen from his (the Propehet’s) garment, so it is possible that it was due to sexual relations and could have been mixed with the female ejaculate as well, therefore it would not be his (the Prophet’s) semen alone.[19] Wet dreams are not possible for the Prophets since it is from the toying of the devil,[20] and he has no power over them (the Prophets).

It is also said that it was his (the Prophet’s) semen alone and that it came from the effects of desire that came about after the causes for it coming out, such as foreplay and similar to that, and nothing else was mixed with it. Since this is possible, it cannot be used as an evidence in the presence of this possibility. The Ḥanafīyyah held the opinion that semen is impure, like others, however they said it is purified by washing or scraping or removing it with idhkhir or a rag, in acting upon both adīths. There are numerous debates and lengthy, drawn out discussions between those who say it is impure and those who say it is pure, which we have mentioned in full in the footnotes to Shar al-‘Umdah.[21]

 

 


[1] Al-Bukhārī (no. 229) and Muslim (no. 289).

[2] Reported by al-Bukhārī in al-Adab al-Mufrad (no. 850) and ibn Sa’d in al-Tabaqāt al-Kubrā (8/66) and it appears to be aḥīḥ. ‘Abdullāh ibn al-Zubayr was the son of her sister, Asmā’.

[3] Al-Bukharī  (no. 230).

[4] Al-Bukharī (no. 229).

[5] Al-Bukharī (no. 231).

[6] See ḥadīth no. 232.

[7] As cited by ibn Ḥajar in al-Talkhīṣ (1/33-34).

[8] Al-Umm (1/74).

[9] Al-Dāraquṭnī also graded it aḥīḥ in his Sunan (1/125), and the narration of al-Bukhārī is explicit that he heard the ḥadīth from ‘Ā’ishah.

[10] Muslim (no. 288).

[11] Muslim (no. 290).

[12] The maṣdar of a verb is sometimes mentioned along with the verb to emphasize the action performed as in this case.

[13] Cited by ibn Ḥajar in al-Talkhīṣ (1/32). It is mentioned by al-Bayhaqī in al-Sunan al-Kubrā (2/416-417) with different wording from what is mentioned here in the commentary.

[14] Reported by ibn Khuzaymah (no. 290) and attributed to al-Dāraquṭnī by ibn Ḥajar in al-Talkhīṣ (1/32). To see the wording of the narrations of al-Dāraquṭnī, see his Sunan (1/125).

[15] Ibn Ḥibbān (no. 1377).

[16] Idhkhir or Idhkhirah is a pleasant-smelling grass that the people of Makkah would use in the building of their homes as mentioned in a long ḥadīth reported by al-Bukhārī (no. 112) and Muslim (no. 1353); also, see ibn al-Athīr’s al-Nihāyah (1/33).

[17] Al-Dāraquṭnī (1/124-125) and al-Bayhaqī in al-Sunan al-Kubrā (2/418). Al-Bayhaqī and al-Dāraquṭnī indicated that the correct version is mawqūf from ibn ‘Abbās; ibn ‘Abdil-Hādī stated likewise in al-Tanqī (1/81).

[18] Muṣallī: one performing the ṣalāh.

[19] The Arabic word manī is also used for the sexual fluid of the woman, but has been translated as semen for the most part as that is its most common usage.

[20] With the human being.

[21] Another argument used for the view that it is pure is that it is the origin of the human being, therefore it should be pure. This argument has been mentioned by ibn Bāz in his lectures on Bulūgh al-Marām and al Bassām in Taysīr al-‘Allām (1/89).

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In the Name of Allāh the Most Beneficent the Most Merciful

 May Allāh send salāh and peace upon Muhammad and his family.

BOOK I

كتاب الوضوء 

The Book of Ablution

 What the Scholars of the Different Lands Have Agreed

Upon Regarding Invalidation of Ablution

Abū Bakr Muḥammad b. Ibrāhīm b. al-Mundhir mentioned to us [that there is ijmāʿ[1] among the people of knowledge that]:

 Section

[Invalidators of Wudūʾ (Ablution)]

 ١- أجمع أهل العلم على أن الصلاة لا تجزىء إلا بطهارة إذا وجد المرء إليها السبيل

1. The people of knowledge have agreed that prayer is not valid without purification if it is within one’s capability.

 ٢- وأجمعوا على أن خروج الغائط من الدبر، وخروج البول من الذكر، وكذلك المرأة، وخروج المني، وخروج الريح من الدبر، وزوال العقل بأي وجه زال العقل :أ حداث ينقض كل واحد منها الطهارة، ويوجب الوضوء

2. They agreed that excretions due to defecation from the anus, excretion of urine from the male and female privates, excretion of sperm, passing of wind from the anus, and loss of rationality by any means,[2] are all invalidators of purification and necessitate ablution.

 ٣- وأجمعوا على أن دم الاستحاضة ينقض الطهارة، وانفرد ربيعة وقال: لا ينقض الطهارة

3. They agreed that post-menstrual blood invalidates purification; however Rabiʿah[3] held view that it does not invalidate purification. 

٤- وأجمعوا على أن الملامسة حدث ينقض الطهارة

4. They agreed that mulāmasah[4] invalidates purification.

٥- وأجمعوا على أن الضحك في غير الصلاة لا ينقض طهارة، ولا يوجب وضوءا

5. They agreed that laughing outside of prayer does not invalidate purification nor does it necessitate ablution.

٦- وأجمعوا على أن الضحك في الصلاة ينقض الصلاة

6. They agreed that laughing during prayer invalidates the prayer.[5]

Chapter

Agreement Regarding Water

٧- وأجمعوا على أن الوضوء لا يجوز: بماء الورد، وماء الشجر، وماء العصفر. ولا تجوز الطهارة: إلا بماء مطلق، يقع عليه اسم الماء

7. They agreed that it is not permissible to perform ablution with: flower water, tree water, or dyed water. It is not permissible to perform ablution with anything except water which is unrestrictedly called water.[6]

٨- وأجمعوا على أن الوضوء بالماء جائز

8. They agreed that it is permissible to perform ablution with water.

٩- وأجمعوا على أنه لا يجوز الاغتسال ولا الوضوء بشيء من هذه الأشربة سوى النبيذ

9. They agreed that it is not permissible to perform the ritual bath or ablution with any drink except for nabīdh[7].[8] 

١٠- وأجمعوا على أن الوضوء بالماء الآجن من غير نجاسة حلت فيه جائز، وانفرد ابن سيرين، فقال: لا يجوز

10. They agreed that it is permissible to perform ablution with brackish water so long as no impurities were added to it, except for ibn Sīrīn who said that it is not permissible. 

١١- وأجمعوا على أن الماء القليل والكثير إذا وقعت فيه نجاسة فغيرت للماء طعماً أو لوناً أو ريحاً: أنه نجس ما دام كذلك

11. They agreed that when an impurity falls in a small or larger amount of water and alters its taste, color, or smell, the water becomes impure and remains in such a state. 

١٢- وأجمعوا على أن الماء الكثير من النيل والبحر ونحو ذلك إذا وقعت فيه نجاسة فلم تغير له لوناً ولا طعماً ولا ريحاً: أنه بحاله، ويتطهر منه

12. They agreed that when some impurity falls into a large amount of water, such as the Nile, the ocean, or something similar and its color, taste, or smell does not change, it remains as it was and it can be used for purification.[9] 

١٣- وأجمعوا على أن سؤر ما أُكل لحمه طاهر، ويجوز شربه والوضوء به

13. They agreed that the water left over after an animal [whose meat is permissible] drinks from it is pure. It is permissible to drink and perform wuḍuʾ from it.[10] 

Chapter

Washing Some Parts before Others and Wiping and Washing for Ablution

١٤- وأجمعوا على أن لا إعادة على من بدأ بيساره قبل يمينه في الوضوء

14. They agreed that it is not obligatory for the one who began with his left before his right, in performing ablution, to repeat his ablution.

Chapter

 [Placement of Khuffs]

١٥- وأجمعوا على أنه كل من أكمل طهارته ثم لبس الخفين وأحدث، أن له أن يمسح عليهما

15. They agreed that anyone who is completely purified, then puts on khuffs[11], and afterwards invalidates his purification, can wipe over them.

١٦- وأجمعوا على أنه إذا توضأ إلا غسل إحدى رجليه، فأدخل المغسولة الخف ثم غسل الأخرى وأدخلها الخف أنه طاهر

16. They agreed that when someone performs ablution upon all parts except one foot, and places a khuff on the washed foot, and then washes the other one and places a khuff on it, he is purified.


[1] The term ijmāʿ refers to the consensus of Muslim jurists, in a determined period, on the scope and meaning of a principle or rule of Islāmic Law.

[2] Ibn Qudāmah mentions that loss of consciousness is of two types: The first is loss of consciousness due to sleep in which case a short sleep does not affect one’s state of ritual purity. The second is the loss of consciousness due to other than sleep such as insanity, fainting, intoxication or using drugs which cause the loss of mind and so on, in which case ritual purity is lost absolutely. Ibn Qudāmah claims unanimity of opinion on this case. Ibn Qudāmah, 1/128. 

[3] He is Rabiʿah b. ʿAbd al-Raḥman, also known as Rabiʿah al-Raʾy and is considered as one of the teachers of Mālik, whom he taught fiqh al-raʾy (understanding by mental perception).  He died in 136 A.H.

[4] Its literally meaning is touching. Here it can refer to sexual relations, mere touching, or touching out of desire (similar to fore-play). Since there is disagreement among the jurists regarding mere touching, it would seem that he is referring to the touching which is similar to fore-play. This is the only type of touching which the Ḥanafīs view as an invalidator of ablution and is agreed by the other Schools. Therefore, the most apparent explanation is that ibn al-Mundhir did not find any valid opposition to this opinion. It is also possible though that this word could refer to actual sexual relations because as he said ‘this invalidates purification,’ and he did not simply say ablution. This possibility, however, is fairly weak since sexual relations necessitate the ritual bath (ghusl) and not simply ablution. Also, in al-Iqnāʿ he added “that a man engages in mulāmasah with his wife” amongst those which necessitates ablution. Additionally, one chapter of al-Awsat actually reads: Mulāmasah Nullifies Ablution. Allāh knows best.

[5] Although there is a consensus amongst the jurists that laughter in prayer invalidates the prayer, however they differed in regards to laughter as an invalidator of ablution. Abū Ḥanīfah held the opinion that laughter invalidates both the prayer and the ablution based on the ḥadīth of Abū al-ʿĀliyah in which he says, “While the Prophet was praying with the people, a person who had problems with his sight walked into a covered well and fell.  At this some people burst out laughing and the Prophet commanded them to repeat their ablution and prayer.”  It was reported by al-Dāraquṭnī in his al-Sunan 1/169. Abū Ḥanīfah also transmitted it from Ḥasan al-Baṣrī, see Kitāb al-Āthār pg. 43.  This was also the view of Ibrāhīm al-Nakhaʿī who said regarding a person who laughs out loud during the prayer, “He should repeat both the ablution and the prayer, and has to ask for forgiveness from his Lord, because it is one of the most severe of impurities.”  Imām Muḥammād [al-Shaybanī] said, “We adhere to it and it is the opinion of Abū Ḥanīfah.” See Kitāb al-Āthār 43. The Ḥanafīhs say that this is only for prayer which contains bowing and prostration and therefore excludes the funeral prayer and only if the laughter is of an audible sound that can be heard by others. al-Fiqh al-Islāmī

The majority of the jurists held the view that laughter is not a nullifier of ablution. They viewed the ḥadīth as mursal and opposed to the principles, as it makes something a cause for the invalidation of ablution during the prayer and not outside of it. Meaning that laughter done outside of prayer does not break the ablution so how can it do so while in prayer. Ibn Rushd, Bidāyat al-Mujtahid, Dar al-Kutub al-Ilmiyah, Lebanon, 1/263 Trans. Imran Niyaze, The Distinquished Jurist Premier, Garnet, (1/203).

[6] Aḥmad held the view that purity is achieved through the use of absolutely clean water, namely that which is not annexed to any other noun such as bean water, chick-pea water, rose water, saffron water, and so on, from among substances whose names always occur in conjunction with the noun water. Partial wuḍuʾ can be performed with such water into which has fallen anything from what we have mentioned, and so on, provided it is a small quantity and there is no change noticed of the water in terms of taste or color, or if no considerable amount of ordor is smelt, to the point that the water could be attributed to it. Al-Khiraqi, 4.

[7] Nabīdh is a beverage that is made with dates.  

[8] Abū Ḥanīfah permitted the one on a journey to make ablution with nabīdh, basing his opinion on the ḥadīth of ibn ʿAbbās, ‘Ibn Masʿūd went out with the Messenger of Allāh on the night of the jinn and the Messenger asked him, “Do you have any water?”  He replied, “I have nabīdh in my container.” The Messenger of Allāh said, “Pour out some,” and he made ablution with it saying, “It is a beverage and a purifying element.”’  It is related by Aḥmad 1/398, Ibn Mājah 1/135-6 no. 385, and Ṭaḥāwi in Sharh Maʿāni al-Āthār 1/94. He also quoted the ḥadīth of Abū Rāfiʿ, the client of ibn ʿUmar, derived from ibn Masʿūd, with similar wording, ‘The Messenger of Allāh said, “It is a good fruit and purifying water.”’ It is related by Aḥmad 1/455, Ṭaḥāwi in Sharh Maʿāni al-Āthār 1/95, and al-Dāraquṭni 1/77 no. 15. They also claimed that this opinion is attributed to ʿAlī and ibn ʿAbbās, and amounts to a consensus sinse no Companions opposed them in it. He was opposed in this opinion by his two students, Abū Yusuf and Muḥammad al-Shaybanī, as well as all the jurists of the different regions.

The traditionists, however, rejected this ḥadīth because of its weak chain of transmitters and because more reliable routes have related that ibn Masʿūd was not with the Messenger of Allāh on night of the jinn as was related by Aḥmad 1/436, Muslim 1/333 no. 152 & 450, Abū Dāwūd 1/67 no. 85, al-Tirmidhi 5/382 no. 3258, and al-Dāraquṭni 1/77 no. 12. The majority rejected the stated tradition on the basis of the words of the Exalted, “And if you cannot find any water, find some clean clean soil and wipe your faces and hands with it.” Qur’ān, al-Nisā’ [4:43]. They said that He did not permit the use of anything beside water and clean soil. They also argued on the basis of the words of the Prophet, “Clean soil constitutes the ablution of a Muslim, even if water is not found for ten seasons, and as soon as he finds water let him touch his face with it.”  It was related by ibn Abī Shaybah 1/106-7; Aḥmad 5/2146-7 155; Abū Dāwūd 1/235-6 no. 332 & 333. Ibn Rushd, 1/38 (1/31).

[9] The jurists differed over water that contains impurities while none of its attributes have been altered. One group said that it is pure irrespective of its size being large or small and is one of the opinions held by Mālik and the opinion of the Ẓāhirites. Another group made a distinction between the amount of water, saying if the amount is small, it is impure and if it is large then it is not. They also disagreed about differentiating small from large quantity of water. Abū Ḥanīfah held the view that a large quantity of water is that in which a ripple caused by a person at one end does not reach the other side.  Al-Shāfiʿī placed the limit to that which can fill two qullas (containers), which weigh about five hundred raṭl (pounds). This was also the opinion of Aḥmad to which he added that unless the impurity is urine or diarrheic human feces, except if the water originates from the ponds on the way to Mecca or a body of water originating from a large area that cannot be drained. Some jurists did not impose any limit, though they held that impurities defile water in small quantities, even if its attributes have not changed, which is also related from Mālik. It is also related that such water is not defiled, but that its use is undesirable. Therefore, three opinions are attributed to Mālik regarding the use of small quantities of water in which small impurities have fell. First, that is has been defiled or it has been rendered unusable.  Second, that it has not been defiled, so long as its attributes have not changed. Third, that its use is reprehensible. The jurists agreed that a small amount of impurity does not defile a large amount of water. Ibn Rushd, 1/27-9 (1/21); al-Khiraqi, 32.

[10] The jurist agreed about the purity of the leftover water of the cattle, but disagreed about others animals. Some held the opinion that the leftover water of every animal is pure, while others made an exception in the case of swine alone and these two views were related from Mālik. Some jurists made an exception in the case of swine and dogs, which was also al-Shāfiʿī’s opinion. Some excluded the beasts of prey generally, which was ibn al-Qāsim’s opinion. Others held the opinion that if the meat of the animal is permissible to eat then their leftover water is also pure and was the view of Aḥmad. Aḥmad also said that it a cat and whatever is lower than it in terms of creation drinks from it, it is still lawful to use. Ibn Rushd, 1/32 (1/25); al-Khiraqi, 32.

[11] They are thick leather socks that cover the foot from the ankle to the toes.

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Minhāj al-Sālikīn pt. 1

 I apologize before hand if the English is a little crude, as I am still in the process of editing the work, but I deemed that it should be placed as soon as possible.  Please remember that I am going to be placing it piecemeal, so check back often for updates.

Minhāj al-Sālikīn 

Shaykh ‘Abd al-Raḥmān b. Naṣr al-Sā‘dī  

[Introduction] 

All praises due to Allah; We praise him, seek His aid and His forgiveness. We seek refuge in Allah from the evil of ourselves and our actions. Whomever Allah guides, there is none that can misguide him, and whomever Allah misguided there is none to guide him to the straight path. I bear witness that there is no deity worthy of worship except Allah, and I bear witness that Muhammad is his last and final Messenger. To proceed:  This is an abridged book on fiqh in which I have compiled the fundamental Islāmic principles based upon the understanding of Islāmic jurisprudence and their evidence, because knowledge is to apprehend the truth with its evidence. Fiqh is defined as knowledge of the subsidiary legislative rulings with their evidence from the Book (Qur’an) and the Sunnah, the consensus of the scholars, and correct qiyās (Juristic Reasoning/Analogy). I restricted this book to the widely known proofs out of fear of extending its length. If a difference of opinion concerning a principle exists, I chose, according to me, the strongest view, following the legislative evidences. 

The Five Rulings: 

  1. Wājib: It is that for which the performer is rewarded and the abstainer is punished.
  2. Ḥarām: It is the opposite of wājib. [The performer is punished and the abstainer is rewarded.]
  3. Masnūn: It is that for which the performer is rewarded and the abstainer is not punished.
  4. Makrūh: It is the opposite of masnūn. [The abstainer is rewarded and the performer is not punished.]
  5. Mubāh: It is that for which performing it and abstaining from it are equal.

It is obligatory upon the one, who is responsible for his own actions, to know from fiqh what is required of him from the acts of worship, dealings, and transactions. He (s) said, “Whomever Allah wants good for, He gives him understanding of the religion.”[1] 


[1] Bukhārī, no. 71, 2948, 6882; Muslim, no. 1037.

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Minhaj al-Salikeen pt. 2

Section: Purification

The Messenger (s) said,

“Islam is build on five [principles]: To bear witness that there is no deity worthy of worship except Allah and that Muhammad is the Messenger of Allah, to offer salāh, to pay zakāh, to make hajj to the Holy House, and to fast during [the month of] Ramadan.”[1]

To bear witness that there is no deity worthy of worship except Allah, has to do with the servants’ acknowledgement, creed, and commitment that Lordship and Worship are not [bestowed] on anything other than Allah, the One, who is without partners. It is obligatory upon the worshiper to have sincerity of the entire religion for Allah. His acts of worship, the internal and the external, are all solely for Allah; to not associate anything with him in all aspects of the religion. This is the religious foundation of all the messengers and those who followed them. Allah says,

“We have not sent any messenger before you except we revealed to them (saying) none has the right to be worshiped but I, so worship Me!”[2]

The attestation that Muhammad is the Messenger of Allah entails that the worshiper believes that Allah sent him to the entire creation as a bearer of glad tidings and as a warner, calling to Allah and his obedience; [he must] believe in what he (s) informed us with, abidance by way of attesting to the truth of what he (s) informed about; obeying his commandments; and [believing] that there is no contentment or good in this world or the next except by having faith in him and through his obedience. It is obligatory that the love which [the servant] has for him takes precedence over himself, his children, and all of humankind. We must believe that Allah aided him (s) with miracles as an affidavit of his Messengership; believe that Allah embodied him with good and high characteristics, which are embodied in this religion from guidance, mercy, and truth; [believe in] the religious and worldly good; and to believe in his major sign, the Great Qur’aan, believing in that which is in it of truth, commandments, and prohibitions. Allah knows best.

As for salāh (prayer), there are conditions that precede it, such as taharaah (purification). The Prophet said,

“Allah does not accept the salāh except with purification.”[3]

Whoever does not purify himself from the state of major or minor impurity, is not permitted to offer the salāh [and if he does so, it will not be excepted from him].

Tahaarah is of two types

The first type is purity through water, which is the foundation. All that comes down from the sky or exits from the earth is pure and can be used to remove the state of impurity [whether major or minor] and to remove actual impurities, such as feces and filth, even if something pure [is added to it] which changes the taste, color, or smell. The Messenger of Allah said,

“Verily water is pure [and is a purifier] and nothing can make it impure.”[4]

However, if one of its characteristic were to change due to an [addition of an] impure substance then, undoubtedly, it becomes impure and is obligatory to avoid it. The premise of a thing is that it is pure and permissible; therefore, if a Muslim is in doubt to the purity of some water, a cloth, a parcel of ground, or some other thing, then they are pure. If he knows for certain that he was in a state of purity, but is uncertain as to whether he remained in that state or has exited it, then he is still [considered] in a state of purification. He (s) said to the man who had believed that he passed wind in his prayer,

“Do not leave the salāh until you smell or hear the passing of wind.”[5]

All utensils, plates, dishes, etc. are permissible to use except those which are made from gold, silver, [or both], or something entailing one of the two, except for a small amount of silver for specific needs. He (s) said,

“Do not drink from gold and silver utensils, and do not eat from its plates. Indeed, they are for them [the disbelievers] in this life and for us in the hereafter.”[6]


[1] Bukhārī: 8

[2] Al-Anbiyā’ 25

[3] Muslim, 244; Bukhārī, 1/63

[4] Abū Dāwūd: 66 & 67; Tirmidhī: 66; al-Nisā’ī: 1/174; Aḥmad 3/16, 31, 86; ibn Abī Shaybah, no. 1505.              

[5] Bukhārī: 175; Muslim: 361.

[6] Bukhārī: 5110, 5309; Muslim: 2067.

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Hadīth 1: [The Purity of Sea Water]

Abū Hurayrah, may Allāh be pleased with him, narrated that Allāh’s Messenger, may the peace and blessings of Allāh be upon him, said regarding the sea, “Its water is tahūr (i.e. purifying) and its maytah (dead) are lawful (to eat).”  It was reported by the Four and ibn Abī Shaybah, and this is his wording. Ibn Khuzaymah and al-Tirmidhī graded it sahīh. [And Mālik, al-Shāfi’ī and Ahmad reported it.] [1]

 

Abū Hurayrah,[2] may Allāh be pleased with him: Abū Hurayrah is the exalted Companion and Hāfiz who narrates a great deal. Due to considerable differing amongst the scholars, there are about thirty different opinions concerning his name and the name of his father. Ibn ‘Abdil-Barr said, “Out of all of these opinions, the one with which one can feel most comfortable is that his name is ‘Abdur-Rahmān ibn Sakhr, and that was the opinion of Muhammad ibn Ishāq.” Al-Hākim Abū Ahmad said, “There were 5,074 hadīths mentioned for Abū Hurayrah in the Musnad of Baqī ibn Makhlad;[3] he has the most hadīths of all the Companions for none of them has this many, nor even close to it.”

This is how it is quoted in the commentary, but what I saw in al-Istī’āb[4] was, “except that the heart finds rest in the opinion that his name in Islām was ‘Abdullāh or ‘Abdur-Raḥmān.” Then he stated in it, that is, al-Istī’āb, “He died in al-Madīnah in the year 59 at the age of 78 and was buried in al-Baqī‘.” It is also said that he died at al-‘Aqīq. Al-Walīd ibn ‘Uqbah ibn Abī Sufyān lead the prayer upon him, and at that time, he was the governor of al-Madīnah as stated by ibn ‘Abdil-Barr.

[He] said, Allāh’s Messenger, may the peace and blessings of Allāh be upon him, said concerning the sea, that is concerning its ruling. Al-bahr (البحر) is a large body of water or of salty water only as stated in al-Qāmūs.[5] This word is not from his (the Prophet’s) words, rather, his (the Prophet’s) words are, “Its water… which is the fā’il[6] of purification. The pronoun “it” in “its water” refers to the sea, meaning its place, rather than the seawater itself, for then, the meaning of the statement would be ‘the water, its water is tahūr.’

Is tahūr; when pronounced tahūr, it is a masdar as well as a name for that with which purification is made. One could also say it is something that is both pure and purifying as stated in al-Qāmūs.[7] In the shar’, it is used for what is purifying. When pronounced tuhūr, it is a masdar.[8] Sībawayh said, “With a fathah, it has both meanings” and he did not mention it in al-Qāmūs with a damma, nor did al-Jawharī.

And lawful, which is the verbal noun form of ‘a thing is lawful’ the opposite of ‘it is prohibited.’ The wording of al-Dāraqutnī is “al-halāl (permissible).” [9]

Is its maytah (dead), which is also a fā’il.

It was reported by the Four and ibn Abī Shaybah, who is Abū Bakr. Al-Dhahabī said concerning him, “The proficient Hāfiz, without match, Abdullāh ibn Muhammad ibn Abī Shaybah, author of al-Musnad (المسند), al-Musannaf (المصنف), and other works. He is the teacher of al-Bukhārī, Muslim, Abū Dāwūd, and ibn Mājah.”

And the wording is his. The wording of the hadīth just mentioned is that of ibn Abī Shaybah, and the others whom he mentioned reported it with the same meaning.

And ibn Khuzaymah graded it sahīh. Al-Dhahabī said, “He is the great Hāfiz, Imām of Imāms, Shaykh al-Islām, Abū Bakr Muhammad ibn Ishāq ibn Khuzaymah, he was at the pinnacle of Imām and hifz in Khurasān during his time.”

And al-Tirmidhī authenticated it; he stated after relating the hadīth, “This is a hasan sahīh hadīth. I asked Muhammad ibn Ismā’īl al-Bukhārī about this hadīth, so he said, ‘It is a sahīh hadīth.’”

These are the words of al-Tirmidhī as cited in Mukhtasar al-Sunan of al-Hāfiẓ al-Mundhirī.[10] The definition of a sahīh hadīth according to the scholars of hadīth is one that has been related by an ‘adl (upright), dābi (precise narrator) from one like himself with a connected sanad,[11] having no ‘illāh,[12] nor being shādh.[13]

Additionally, the author has related this hadīth in al-Talkhī from nine routes from nine of the Companions.[14] None of its routes are free of criticism, but you have already heard the names of those who deemed it sahīh. It was also graded sahīh by ibn ‘Abdil-Barr, ibn Mandah, ibn al-Mundhir, and Abū Muhammad al-Baghawī.[15] The author stated, “A number of hadīths that do not reach the level of this hadīth nor even approach it have been graded sahīh.”

Al-Zarqānī stated in Sharh al-Muwatta’, “This hadīth is from the foundational principles of Islām; it has been accepted by the Ummah all together and circulated amongst the scholars of all the provinces, in all ages, in all the nations. It has been related by the major Imāms.” Then he mentioned those who narrated it and those who declared it sahīh.[16] The hadīth occurred as an answer to a question as related in al-Muwatta’[17] that Abū Hurayrah said,

 “جاء رجل” وفي مسند أحمد: “من بني مدلج” وعند الطبراني “اسمه عبد الله، إلى رسول الله صَلّى الله عَلَيْهِ وَسَلّم، فقال: يا رسول الله إنا نركب البحر، ونحمل معنا القليل من الماء، فإن توضّأنا به عطشنا، أفنتوضأ به”؟  وفي لفظ أبي داود: “بماء البحر” فقال رسول الله صَلّى الله عَلَيْهِ وَسَلّم: “هو الطهور ماؤه الحل ميتته.”

“A man came,” And it is stated in the Musnad of Ahmad[18] [that he was] “from Banū Mudlij” – and according to al-Tabarānī,[19] “His name was ‘Abdullāh,” – “to Allāh’s Messenger, and said, ‘O Messenger of Allāh, indeed we ride upon the sea, and we carry little water with us, so if we use it for wudū’, we will become thirsty, so may we use it (i.e. the seawater) for wudū’?’” –In the wording of Abū Dāwūd, “‘with the water of the sea,’ so Allāh’s Messenger said, ‘Its water is tahūr and its maytah is lawful.’”

This hadīth shows that the water of the sea is pure and purifying; it does not lose its property of being pure under any condition except in the particular cases, which shall be clarified shortly, when one of its attributes changes.

He (the Prophet) did not respond by simply saying ‘yes’ even though it would have accomplished the objective, but he responded with this wording to connect the ruling to its reason, that water has a purifying nature which only comes to an end in a certain manner. It is as if the questioner, seeing that the water of the sea differs from other types of water in the saltiness of its taste and its odor, believed that it was not intended in the statement of Allāh, “So wash…”,[20] as with the water which is known to be intended by Allāh’s statement or once he knew Allāh’s statement, “And we sent down from the sky purifying (tahūr) water”[21]

He thought it to be specific, so he asked about it. Allāh’s Messenger informed him of the ruling for that as well as an additional ruling which he did not ask about – the permissibility of its maytah. Ar-Rāfi’ī said, “When the Prophet came to know that the matter of the water of the sea was unclear to the questioner, he feared that the ruling of its maytah would be unclear to him, as this is something that the traveler on the sea might be afflicted with, so he followed up his response to the question by clarifying the ruling of its maytah.”

Ibn al-‘Arabī said, “This is from the excellent manners of giving fatwās that in responding, one give more information than what was asked about in order to provide a complete benefit, and to provide knowledge about other than what was asked. This is even more important when some need for that ruling becomes apparent as was in this case, for the one who hesitates concerning the pure nature of sea water is even more likely to hesitate concerning the permissibility of its maytah as there is a prohibition against maytah. What is meant by maytah of the sea is that which dies in it from its animals. Animals which are unable to live except in the sea, and not everything that dies in it even though it would be true linguistically to call it maytah of the sea, it is known that only what we have mentioned is intended. However, from the apparent meaning it would seem that whatever dies in it is permissible, even if it were a dog or a pig.”[22]

 The discussion concerning this shall come in the appropriate place, if Allāh wills.

—————————————————–

[1] Abū Dāwūd (no. 83), al-Tirmidhī (no. 69), al-Nasā’ī (no. 59, 331), ibn Mājah (no. 386, 3246), ibn Abī Shaybah (1/136), ibn Khuzaymah (no. 111), Mālik in al-Muwatta’ (no. 12), al-Shāfi’ī in al-Umm (1/16), and Aḥmad in al-Musnad (2/237, 361, 378, 392). Al-Albānī graded it Ṣaḥīḥ in al-Irwā’ (no. 9).

[2] The expression “from Abū Hurayrah” is being translated as “Abū Hurayrah narrates.”

[3] It should be kept in consideration that the number of ḥadīths of any given Companion in the Musnad of Baqī ibn Makhlad is not necessarily representative of the number of ḥadīths he actually narrated. This is because many of those ḥadīths are repetitions of the same ḥadīth through different chains of narration and some of them are not established as being authentic from that Companion. The reason that the number of a Companion’s ḥadīth is often taken from the Musnad of Baqī ibn Makhlad is because his is the largest Musnad, although it is now lost, and therefore the most encompassing, so one can feel comfortable that all the ḥadīths that have been related from any given Companion are likely contained therein.

[4] The book of ibn ‘Abdil-Barr which lists the names of the Companions and their biographical details.

[5] Al-Qāmūs pg. 441.

[6] The performer of the action.

[7] Al-Qāmūs pg. 555.

[8] That is, the word tuhūr means “to become pure” while tahūr is that which is used for purification.

[9] This particular wording has been narrated by al-Dāraquṭnī (1/34) from the ḥadīth of Jābir ibn ‘Abdillāh and ‘Abdullāh ibn ‘Amr. He narrates from Abū Hurayrah with the same wording as that mentioned here in Bulūgh al-Marām.

[10] Mukhtaṣar al-Sunan (1/81).

[11] Chain of narration

[12] Hidden weakness.

[13] In contradiction to a more reliable narration or narrations.

[14] Al-Talkhīṣ al-Ḥabīr (no. 1).

[15] Naṣb al-Rāyah (1/95-99).

[16] Sharḥ al-Muwaṭṭa’ (1/53).

[17] Al-Muwaṭṭa’ (no. 43).

[18] Musnad (2/237, 361).

[19] Al- Ṭabarānī No. 1759, and it is weak.

[20] Qur’ān Sūrah al-Mā’idah (5):6.

[21] Qur’ān Sūrah Al-Furqan (25):48.

[22] Ibn al-‘Arabī’s ‘Āriḍah al-Aḥwadhī (1/89).

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