Friday, March 11, 2011

(NOTES) Fiqh of Tahara (Based on Bulugh al Maraam)

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ

:::::::::: FIQH OF TAHARA ::::::::::

By Shaikh Abdullah Faisal

::::::::: Chapter 1 ::::::::::

The Seven Types of Water 

  1. Rain water
  2. Sea water 
  3. River water
  4. Well water
  5. Melted ice water
  6. Melted hail water
  7. Spring water

All the above types of water are considered pure and acceptable for the purposes of wudu (ablution), ghusl (bathing) and drinking (with the exception of sea water for drinking).

Tuhur - That which is pure and uncontaminated.

Mu'tanajjis - is something which is not impure (najjis) of its own nature but has been contaminated by that which is najjis eg. a dog drinks from some pure water and therefore its saliva contaminates the water, deeming it mu'tanajjis. 

::::::::: Chapter 2 ::::::::::

Adhab of Istinja 

Istinja is to completely clean urine and stool off the private parts after urination and/or defecation.

1.  Ensure the urine/stools have completely stopped excreting.

2.  Perform istinja with water*, by pouring the water onto the private parts and wipe the filth away using the left hand, until the place is completely free of the najjis (filth). It is sunnah to use the motion of wiping three times, however if this is insufficient then this number must be exceeded until total cleanliness is achieved**. 

*   In the absence of water, istinja may be performed with something which  is considered pure yet of no value eg stones, paper or toilet tissue. It is also permissible to combine the latter with water (eg dampening tissue  with water or the use of wet wipes).
** With regards to women making istinja after defecation then it is haraam for them to wipe from the back to front, as this is likely to spread impurities into the private parts.

3.  There should be no emission of a foul smell following the completion of istinja. If this does occur then the purpose of the istinja  is unfulfilled and must be repeated until the smell disappears. 

4.   Answering the call of nature and therefore istinja, must be performed in a private place. It is haraam to expose the private parts to    anyone but a spouse. For instance, waxing the private parts can only be done so by oneself or ones spouse.

5.   It is makrooh* to perform istinja with bones as bones are food for jinn & animals. Likewise it is also makrooh to perform istinja            with anything which is considered of value or that which can cause harm eg baked brick, pottery, charcoal, glass etc.

6.     It is haraam to use your right hand for th purpose of istinja, as the right hand is favoured and used to perform acts such as eating.

NB: There are five types of human actions:

1) Fardh - Obligatory acts 
  • Waajib* - This terminology is also used to describe obligatory acts.

2) Sunnah - Recommended acts
  • Sunnah Mu'akkadah              - Strongly recommended
  • Sunnah Ghair Mu'akkadah     - Recommended (but without a strong emphasis)

3) Halal - Permissible acts. 

4) Makrooh - Disliked acts.  

5) Haraam   - Forbidden acts.

* The Hanbali, Shafee and Malikee madhabs hold waajib acts to be obligatory, whereas the Hanafi position states that waajib is almost fardh but with an element of uncertainty or doubt. Subsequently, from a Hanafi perspective, if a person were to deny a fardh it is considered kufr (disbelief), but to deny a waajib act is considered fisq (a major sin).

::::::::: Chapter 3 ::::::::::

Adhab of Answering The Call of Nature

- It is haraam to face the Qiblah whilst urinating or defecating (applicable only when outside of a building, in the open air)

- It is haraam to urinate or defecate in public pathways, places where water runs eg streams and under a tree that provides shade or food for people eg fruit trees. 

- It is sunnah to recite the dua below, then enter the lavatory using the left foot first

بِسْمِ اللَّه) اللَّهُمَّ إِنِّي أَعُوذُ بِكَ مِنَ الْخُبْثِ وَالْخَبَاﺋِﺚِ)  
'Bismillah, Allaahumma innee A'udhu bika minal khubthi wal khabaa'ith'

(In the name of Allah).O Allah, I seek refuge in You from filthy male & female devils.

- Talking must not take place while using the lavatory.

- Privacy should be exercised during lavatory use eg close the door.

- It is makrooh to urinate in a hole, as it could be a home to jinns or animals.

- It is sunnah to be seated or stooped when urinating, this is applicable to males as well as females.

- It is permissible to go to the lavatory with a ring, necklace, money etc with Allahs name on it but it is mustahhab to conceal it eg place such item inside your pocket/purse etc.

- It is sunnah to exit the lavatory with the right foot first then recite:


'I ask You (Allah) for forgiveness'

::::::::: Chapter 4 ::::::::::

The Conditions for Wudu To Become Fardh 

  1) Sanity

  2) Puberty

  3) Islam

  4) Availability of water

  5) To be ritually impure

  6) To be free from haidh (menstruation) and nifaas (post-natal bleeding)

::::::::: Chapter 5 ::::::::::

The Conditions for Wudu To Be Valid 

  1) The water should be pure.

  2) To be free from haidh (menstruation) and nifaas (post-natal bleeding).

  3) To be free of nail polish and paint on the body (henna is permitted).

  4) The removal of tight rings, tight watches or anything which obstructs the water from making direct contact with the skin.

::::::::: Chapter 6 ::::::::::

Format for Wudu

O you who have believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles. And if you are in a state of janabah, then purify yourselves. But if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and do not find water, then seek clean earth and wipe over your faces and hands with it. Allah does not intend to make difficulty for you, but He intends to purify you and complete His favour upon you that you may be grateful. (Al Ma'idah 5:6)

1) Niyaah - to have the intention (non verbal) of performing wudu.

2) Say "Bismillah"   (sunnah muakkadah)

3) Wash the hands thoroughly, up to the wrists. (3x)

4) Rinse the mouth with the right hand, using the finger to brush over the teeth. (3x)

5) Clean the nose, using the right hand to snort the water in and left hand to blow the water out. (3x)

6) Wash the face thoroughly. (3x)

7) Wash the right arm thoroughly, up to and including the elbow. (3x)

8) Wash the left arm thoroughly, up to and including the elbow. (3x)

9) Wipe the head using both hands - beginning from the forehead then over the head/hair and to the nape and then clean the ears using the fingers.  (1x)

10) Wash the right foot* thoroughly, up to and including the ankles. It is sunnah to use the left hand to wash the foot and the little finger to clean in between the toes. (3x)

11) Wash the left foot thoroughly, up to and including the ankles. It is sunnah to use the left hand to wash the foot and the little finger to clean in between the toes. (3x)

* It is worthy of mentioning that the shia do not thoroughly wash their feet, they only dampen their hand and simply wipe over their naked feet. This is batil as RasoolUllah told one man, who neglected his heels durng wudu, to save his heels from the hell fire ie go back and make wudu again, hence the shias have no basis for wiping feet

Makrooh of Wudu

1) To waste the water.

2) To speak during wudu (without necessity eg. dunya matters).

3) To seek assistance of others without the need to do so.

::::::::: Chapter 7 ::::::::::

What Nullifies Wudu

1) Urination

2) Defecation

3) Breaking wind

4) Labour

5) Vomiting more than a mouthful

6) Deep sleep (lying down)

in Prophets mosque in Madina, some ppl fell asleep sitting down and prayed w/o fresh wudu, the prophet did not say anything.  To sleep sitting down doesn't break wudu since it is difficult to pass wind in this position

7) Intoxication

8) To fall down unconscious

9) Apostasy

10) To touch a women with lust  (vice-versa)

11) To touch ones own private parts with lust

12) To consume camel meat (hanbali fiqh)

13) Laughing in salah breaks salah/ wudu (hanafi figh)

14) To bleed (Hanafi fiqh) / Only if the blood is menstruation blood (hanbali fiqh)

Some differences between the scholars

Hanbalis- allow woman to touch Quran while menstruating <-- CORRECT VIEW

Hanafis - if imam leads congregation in salah w/o wudu, everybody has no salah –Hanbalis - disagree and say this is baatil <-- CORRECT VIEW
Umar led salah in state of janabah. He repeated his fajr but didn't tell Muslims to repeat their salah

Hanafis - if you are leading muslims in prayer in asr, man who is praying dhuhr salah cannot pray behind you/ have to agree with imam re: intention
Hanbalis - allow person praying dhuhr to pray behind imam praying asr

A man approached Prophet and asked should i make wudu if I eat lamb, Prophet said if u want.  He asked should i make wudu if i eat camel meat, Prophet said naam
Hanafis – say Prophet meant Mustahhab (recommended)
Hanbalis - say Prophet meant Waajib (compulsory)
Hanbalis have nothing to lose, because on Judgement Day Allah might ask you about why you didn't make wudu after eating camel meat <-- SAFER OPTION

::::::::: Chapter 8 ::::::::::


The 2 types of ghusl:-

  •  1. Waajib (Compulsory)
  •  2. Mustahab (Recommended)

Waajib Ghusl

1. After sexual intercourse.

 2. Ejaculation - the emission of sperm from the body.

* On urinating if a white liquid (MADI) is discovered, then this is not considered to be sperm.

 3. Once menstruation has stopped.

*if menstruation stops u should rush to make ghusl to pray salah
 should not delay ghusl, as being sinful
whenever menstruation stops, if u want to go to bed with your husband you should make ghusl first (hanbali fiqh)ß- CORRECT VIEW
whenever menstruation stops, if u want to go to bed with your husband you can do so without to make ghusl first (Hanafi Fiqh)

 4. Male or female nocturnal emissions.

*If one wakes up in a state of nocturnal emissions (wet dream) then it is allowed to commence the fast whilst in a state of janabah and then complete the ghusl.

It was narrated from Zaynab the daughter of Umm Salamah that Umm Salamah said: “Umm Sulaym (wife of Abu Talha) came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, ‘O Messenger of Allaah, Allaah is not too shy to tell us the truth. Does a woman have to do ghusl if she has a wet dream?’ The Prophet (peace and blessings of Allaah be upon him) said: ‘Yes, if she sees water (a discharge).’ Umm Salamah covered her face and said, ‘O Messenger of Allaah, can a woman have an erotic dream?’ He said, ‘Yes, may your hands be rubbed with dust. How else would her child resemble her?’” 
[al-Bukhaari: 130 & Muslim: 313] 

 If she hadn't asked, how would she have benefited so many Muslims:
 need to abstain from 3 things if you want to be student of knowledge
 1. impatience
 2. shyness
 3. pride

 5. After Nifaas, post natal bleeding (normally 40 days, but not same for all women. If the bleeding has stopped as early as 30 days, and she makes ghusl, it is halal for her to go to bed with her husband)

 2 types of discharge:
1. Major (after go to bed with husband/wet Dream)
 hence ghusl compulsory for Major - intercourse and wet dream
2. Minor discharge (after general excitement)
 Minor requires wudu not ghusl

Mustahab Ghusl

1. Salat ul Jumah

2. Upon regaining sanity

3. 2 Eids

4. Before you go into ihraam for hajj/umrah
 -shoud recite intention loud, bidah to recite other intentions aloud

5. Wash the dead
 -Prophet said thos who wash dead should make ghusl, those who carry should make wudu (Abu Dawood)

6. When take Shahadah

How to Perform Ghusl

 Prophet and Ayesha made ghusl together, hence permissible for man and wife
 Ayesha said when Prophet performed ghusl due to janaba

 1. would begin by washing 2 hands, pouring water from right to left

 2. wash private parts

 3. then make wudu

 4. wash his head including root of his hair, using 3 handfuls of water over his head

 5. wash entire body

 6. wash feet - LAST

Hanafi Ghusl (shortcut ghusl)
 Its accepted by scholars - 4 great imams
 1. Make niyyah
 2. wash mouth
 3. was nose
 4. wash entire body

 Bismillah is not fardh for ghusl to be accepted

 both ghusls are valid

 person allowed to make ghusl with seawater

 woman not obliged to undo hair if in bundle or braided
 Umm Salama said I have braids in hair, should i undo them when performing ghusl, Prophet said No, sufficient to pour three handfuls over hair (Sahih Muslim)

Sunnah of al Fitrah

1.  Trim the moustache

2.  Clip the fingernails

3.  Clip the toenails

4.  Shave off the underarm hair (at least every 40 days)

5.  Shave off the pubic hair (at least every 40 days)

6. Male circumcision

 circumcision - scholars differ
 Hanbalis, correct view – waajib (compulsory)
 hence reverts need to be circumcised
 if not circumcised  - prone for diseases
 FGM - female genital mutilation is Haraam

Verily, I will mislead them, and surely, I will arouse in them false desires; and certainly, I will order them to slit the ears of cattle, and indeed I will order them to change the nature created by Allâh (4:119)