Tuesday, May 31, 2011

-54- Fiqh of Tahara (Purification)

Fiqh of Tahara (Purification)

By Shaikh Abdullah Faisal
(evening dars: 5.31.11)

THE CHAPTER OF WATER

The 7 types of Water

Water is what we use to perform our purification
1. the rain
2. the sea
3. The river water
4. The well
5. melted ice
6. melted hail
7. the spring water

--you’re allowed to use these 7 types of water to make your wudu and ghusl
--you’re allowed to use the seawater to perform wudu and ghusl
--wudu - minor ablution and ghusl is major ablution
--everything in the sea is halal to eat according to Ibn Hanbal
--the 7 types of water mentioned above are called, ‘pure water’
--because they are pure water, they are suitable for you to drink

“…because a Sahabah approached the Rasul and asked him about using the sea water for wudu and the Prophet said: "Every living thing in the sea is halal to eat (Hanbali fiqh), the water of the sea is halal to use for wudu and ghusl, and the fishes that died in the sea are also halal for you to eat"

“Two types of dead meat and two types of blood have been made lawful for our consumption: The two dead meats are: fish and locust, and the two types of blood are: liver and spleen.” (Sunan Abu Dawud, Musnad Ahmad, 2/97 and Sunan Ibn Majah, no: 3314)

The water which is contaminated is called: mutanajjis = contaminated (from the word najis)

--example: remnants of a dog or a pig
--if a dog or a pig drank from the water, it is haraam for you to drink from that water
--the remnants of a cat are not contaminated - the Rasul said, “The cat is considered a clean animal"
--if there is an animal that has bled into the water, that water is now contaminated
--an animal that died in stagnant water is also contaminated

Abu Qatadah relates that Allah’s Messenger said regarding the cat: “It is not impure. It is one of those creatures that live in our attendance.”


--the remnants of a cat are not considered contaminated

--the remnants of a donkey are considered makrooh

THE CHAPTER OF ISTINJA


--Istinja = washing private parts w/ water
a) it is compulsory on a Muslim to ensure that the urine has ceased completely
b) it is unlawful to perform wudu until the urine has ceased

Ibn ‘Abbas related that the Messenger of God, upon him be God’s blessings and peace, passed by two graves and said: “They are being punished, but not for a great matter (on their part). One of them did not clean himself from urine, and the other used to spread slander.” (Tirmidhi, “Tahara,” 53)


c) we are obliged to perform istinja from any najasat that comes from urine or defecation


--so istinja (wash your private parts with water) is compulsory after urination and defecation

--it is Sunnah to wipe three times in istinja

d) it is Sunnah to wipe 3x when performing istinja
--during the old days, they would use stones
--it is permissible to still do this on the battlefield when you don’t have access to toilet tissue

e) the best istinja is combo of water and toilet tissue (use tissue first)

--istinja is compulsory on men and women

f) it is permissible to use only tissue if you are on a journey and you have no water
--but when you are at home and you have access to water, the tissue alone is not permissible
--a woman making istinja after defecation is different from that of a man
--example: it is haraam for her to wipe from back to front
--because then she'll be wiping impurities into her private parts
--therefore a woman has to wipe from front to back - it is fard (required)
--because of the anatomy of the women, to the best of her ability, she should try to use water at all times
--if she is going on a journey, she should prepare to bring water
--one should ensure that no foul smell is left on his or her body after istinja
--hence the aim and objective of istinja would not be accomplished (if foul smell remains)
--it is haraam to make istinja in front of each other
--the only person who is allowed to see your private parts is your wife/husband

WAXING:
--the woman who asks questions about waxing: 'can I go to the salon to wax my bikini line?'
--and any woman who asks this question has mischief in her heart
--the woman is not allowed to do this:
--only person who can shave her private parts is her husband or your mother
--a strange woman is not allowed to wax a woman’s bikini line
--if you’re married, your husband has to wax your bikini line,
--if you’re not married, then your mother can do it

“Do not pluck the gray hairs, as they are a Muslim’s light. A Muslim never grows gray in Islam except that God writes for him, due to that, a good deed, raises him a degree, and erases for him, due to that, one of his sins” (Ibn Hanbal, 2:179; Tirmidhi, “Adab,” 56).


Also, women are not allowed to sleep underneath the same blanket:


The Prophet sallallahu alaihe wasallam has stated, "No man should lie down with another man wrapped in a single sheet or cloth and nor should a woman do the same with another woman."


--it is makrooh [disliked] to do istinja with bones because the bones are the food of the jinn

--when the jinn came to the Prophet, he recited Surah Ar-Rahman

The Prophet (peace and blessings of be upon him) says: “To put a barrier that will prevent the jinn from seeing the `awrah of the sons of Adam, let any one of you say ‘Bismillah’ when entering the toilet.” (Reported by at-Tirmidhi)


"The Prophet (saws) entered the toilet and I and a young boy like me carried materials, including water and 'anaza (a short spear) and he would perform Istinja' with the water." [al-Bukhari no.152 & Muslim no.271.]

Salman reported that it was said to him: Your Apostle (may peace be upon him) teaches you about everything, even about excrement. He replied: Yes, he has forbidden us to face the Qibla at the time of excretion or urination, or cleansing with right hand or with less than three pebbles, or with dung or bone. Muslim :: Book 2 Hadith 504

The Jinn came from Iraq and the Prophet recited unto them Surah Rahman; the jinn asked him about what food is permissible - the Prophet said: “any bones which Bismillah was recited, and also the droppings from our animals will be the food for your animals”


“Every bone on which the name of Allah is recited is your provision. The time it will fall in your hand it would be covered with flesh, and (you can have) all the droppings as food for your animals.” The Prophet (peace and blessings of Allah be upon him) said, “So do not use (these things) for cleaning yourselves (after relieving oneself), for they are the food and provision of your brothers (Jinn).” (Reported by Muslim)

--the bones are the food for the jinn; it is makrooh to do istinja with bones

--it is makrooh to do istinja with baked bricks (humans use this to build homes)
--it is makrooh to do istinja with pottery
--it is makrooh to do istinja with items that are valuable
--it is makrooh to do istinja with items that can harm your private parts
--it is haraam to use your right hand when making istinja
--the way it is haraam for you to eat food with your left hand because the shaitan eats with his left hand



THE CHAPTER OF ANSWERING THE CALL OF NATURE


a) Outside a building, one should not face the qibla or to turn their back to the qibla

--but if your are on the toilet (inside a building) and you face the Qibla or your back is towards it, it’s halaal
--it is halaal because you are inside a building

It is related from Abu Ayyub al-Ansari that the Prophet, may Allah bless him and grant him peace, said, "When you defecate, do not face the qibla nor turn your back to it. Rather face the west or the east." Abu Ayyub said, "We went to Syria and found lavatories which had been built facing the qibla. We turned at an angle and asked Allah's forgiveness”


b) one should not answer the call of nature under a tree that provides shade for the people or

c) a fruit tree (apple tree, mango tree, etc)
d) you should enter the toilet with your left foot and say,
--“Allah-umma inni a'udhu bika minal khubuthi wal khaba'ith”
--"O Allaah, I take refuge with you from all evil and evil-doers’"

Whenever the Prophet went to answer the call of nature, he used to say, "Allah-umma inni a'udhu bika minal khubuthi wal khaba'ith i.e. O Allah, I seek Refuge with You from all offensive and wicked things (evil deeds and evil spirits)." Bukhari, Volume 1, Book 4, Number 144

e) say the dua: “Allaahumma innii A'uudhu bika minal khubthi wal khabaa'ith“
--if you don’t recite this dua, the shaitan will look at your private parts
--the shaitan loves to look at the private parts of people

f) one should not speak when they are on the toilet; this is makrooh
--if someone gives you ‘salaam’ and you’re on the toilet:
--do not respond w/ “walikumsalaam”
--say nothing or clear your throat (to signal you can’t reply to them)
--it is makrooh to respond (makrooh means, dislike)

g) the toilet door should be secured with a lock to avoid embarrassment
h) it is makrooh to urinate in a ‘hole’ because it is the home of the jinn and animals
--when we say you’re not allowed to urinate in a ‘hole,’ we are referring to a STONE hole
--where the jinn live and animals live

"The prophet SAAWS said: avoid the two cursed things. They said: and what are the two cursed things? He SAAWS said: whoever urinate in the roads people pass by, and under the shadows where they rest" (Muslim: 269) and others.


i) Sunnah to stoop urinating
--it is Sunnah to stoop while urinating (for males and females)
--a man can stand up and urinate if he can avoid splashing himself with water

Aisha said: “Do not believe whoever told you that the Prophet used to urinate while standing. He never urinated except seated. (Muslim)


--there was a conflict with Aisha and Abu Huraira about the Prophet urinating

--Aisha said: Anyone who says the Rasul stood up and urinated is a liar
--Abu Huraira said: I saw the Rasul urinate while standing upon a dumpster
--both were telling the truth based on their experiences w/ the Rasool (saws)
--Aisha was just speaking on her knowledge, so she herself never saw the Rasul urinate standing

Huzaifah (Radiya Allahu Anhu) relates that "The Prophet (Sallallahu Alaihi wa Sallam) went to a public garbage dump and urinated standing" [Reported by Imams Bukhari and Muslim ]


Abdullah b. Saris (may Allah be pleased with him) narrates: the Messenger of Allah enjoined us from pissing into holes of insects. The commentators of the Quran asked Qatadah why it was rendered reprehensible. “Those places are said to be the homes of the jinn” he replied. (5)


j) Going into the toilet with a shirt that has ALLAH's name on it or you have money where there is ‘Quran’ written on it or if you have the holy Quran in your pocket – these are permissible


--there is a weak Hadith that says "the Prophet had a ring called Muhammad Rasul Allah and he would take off the ring before he would go to the toilet" (we say this is a weak Hadith)
--when you go the Arab countries, you'll find money with ALLAH's name upon the money
k) when you leave the toilet, leave with your right foot (you enter with the left foot)
--say 'Ghufraanak' [Allah, pardon me]

“Ghufraanak” ‘I seek your forgiveness’ (Abu Dawood #30 & ibn Maajah #300)

THE CHAPTER OF WUDU (Ablution)


In order for your wudu to be valid, 6 conditions have to be found
1) Sanity (wudu is not fard on the madman)
2) Puberty (conditions for the wudu become fard on you)

Puberty

The Prophet sallallahu alaihe wasallam commanded regarding children, " If they neglect salaah at the age of seven, then reprimand them, at the age of nine separate their beds (do not let two of them sleep in the same bed) and at the age of seventeen get them married. Once the father has carried this out he should place his child before him and say, ‘ May Allah not make you a cause for my testing and trial." (Al-Ifsah Ibn Hajr Haithami)


“Teach your children to pray when they are seven years old, and smack them if they do not pray when they are 10 years old, and separate them in their beds.” Abu Dawood (459) and Ahmad (6650)

3) Islam

--it is not fard on a kaafir to make wudu

4) Enough water to make wudu
--Tayammum (ablution with sand, dust or clean soil)
--if you don’t have water, wudu is not fard (make Tayammum)

5) You have to be ritually impure for wudu to be fard on you
--example: if you pass wind or you urinate or defecate or touch a woman out of lust
--if you touch her accidentally, you still have your wudu
--shaking a woman's hand negates your wudu

6) You have to be free from menses or from bleeding after childbirth

THE CHAPTER OF CONDITIONS FOR WUDU TO BE VALID


1. Use pure water for wudu
--contaminated water can be used to wash your car or to irrigate your crops, but not for wudu
--sea water is considered to be pure to make wudu or ghusl
--it is makrooh to use zam zam water for wudu or ghusl or to wash your car
--zam zam water is for drinking

"Sometime we may carry a little water with us in the ship while at sea; if we use the water we may get thirsty. Can we use the sea water for purification?" The Prophet said: "Its water is pure and its carrion is lawful" (Tirmidhi)

2. You have to be free from menstruation and nifaq

--the woman who makes wudu during those times, her wudu is bautil

3. You have to remove nail polish before you make wudu
Shaikh Faisal was told by his shaikhs that nail polish should be removed but
--they said if the woman has henna, this is okay because the water can penetrate henna
--the modernist and the secularist say that it’s okay to have nail polish on while you make wudu
--that is an incorrect opinion
--those of you who wear nail polish, you can only wear it when you are menstruating

4. You are not allowed to make wudu with tight rings and watches because

--the water needs to go underneath to wash your skin properly
--you have to rotate or remove the rings/watches

5. If you work as a painter, you have to avoid getting paint on your body
--you have to use a certain liquid to remove the paint from your body before you make wudu
--you have to paint wearing gloves and wearing a long shirt is better


THE CHAPTER OF HOW TO MAKE WUDU
1. Make your intention (niyyah)

"Verily the actions are by intention and there is for everyone only what he intended..." (Sahih - Fath-ul-Baaree and Muslim)

2. Say, ‘Bismillah’

"There is no wudu for him who does not mention Allah's name upon it." (Sahih - Ibn Maajah, At-Tirmidhi, Abu Dawood, and others)

Saying, “Bismillah” is fard (according to Hanbali Fiqh)

--according to the other 3 schools, the Bismillah is Sunnah not fard
--the correct opinion is that of the 3 schools
--even though Shaikh Faisal is Hanbali, Shaikh says the Hanbalis were too rigid on this matter
--the Hanbalis say if you didn’t say Bismillah, your wudu is bautil (this is not correct)

3. Wash your hands up to your wrist

Humran (RA) narrates that Uthman (RA) called for water to make wudu and washed his hands three times... then said, "I saw Rasoolullaah (SAW) make wudu just as I have made wudu." (Sahih - Al-Bukhari and Muslim)

4. Wash out your mouth 3 times (use your finger to brush out your teeth)

Prophet Muhammad (SAW) said, "When you make wudu then wash your mouth." (Sahih - Al-Baihaqee)

5. Wash your nose by using your right hand to put the water into your nose
--using the left hand to blow the water out

"We were sitting looking towards Ali (RA) - as he made Wudu - and he entered into his mouth a handful of water with his right hand and washed his mouth and nose, then expelled it from his nose with his left hand - he did that three times, then said, 'Whoever would like to see the way of purification of Rasoolullaah (SAW) - then this is his purification.'" (Sahih - Ad-Daarimee)

6. Wash your entire face

Humran ibn Abaan (RA) narrates that Uthman (RA) called for water to make wudu and so mentioned the way in which the Prophet (SAW) made wudu. Humran (RA) said, "Then he washed his face three times." (Sahih - Al-Bukhari, Muslim)

7. Wash your right hand including the elbow
--so if you did not include your elbow, you have no wudu

Nu'aim ibn Mijmar (RA) said, "I saw Abu Hurairah make wudu - he washed his face and completed the wudu, then washed his right hand until he reached the upper arm, then his left hand till he reached the upper arm" - then in the end of the Hadith he said: "This is how I saw Rasoolullaah (SAW) make wudu.'" (Sahih - Muslim)

8. Wash your left hand including your elbow
9. Wipe your head once, including your 2 ears : the Rasul said :'your 2 ears are apart of your head "

Prophet Muhammad (SAW) said, "The two ears are a part of the head." (Sahih - At-Tirmidhi, Abu Dawood, and Ibn Maajah)

--Hanbali fiqh: sisters can wipe over their hijab and don’t need to wipe their ears

--Hanafi fiqh says sisters must wipe their ears: this is not correct opinion

10. Wash the right foot

11. Wash the left foot
--and you should use your left hand to wash both feet
--as for wiping the neck (nape) in wudu, Hanafi fiqh says this is a bid’ah

There is a Hadith in Abu Dawud that says the Rasul used to wipe the back of his neck (nape) but this is a weak Hadith (the Hanafis follow this, but the Hanbalis say this is a bid'ah – to wipe the back of the neck, the nape)
--don’t start an argument if you see Hanafis wiping their necks at the masjid
--there's no harm to wipe over the neck (requiring it as wudu, however, is a bidah)

THE CHAPTER ON THE MAKROOH OF WUDU
1. to waste the water
2. to speak dunya matters during the wudu (if you speak about deen, it is not makrooh)
3. to seek the assistance of others without the need for it

-- the Shias do not wash their feet when they make wudu
--they dampen their hands and wipe over the naked skin
--this wudu is bautil because when the Rasul saw a man making wudu and that man had a spot the size of a coin left dry on his feet, the Prophet made the man repeat the wudu and the Rasul said: "save your heels from the Hellfire"

Ibn Umar (RA) said, "Rasoolullaah (SAW) fell behind us and then came upon us during a journey, then we found him and it was time for 'Asr - so we began to make Wudu and wipe over our feet, so he (SAW) called out at the top of his voice, 'Woe to the ankles from the Fire. (two or three times)'" (Sahih - Al-Bukhari and Muslim)

--many people translate it as "save your ANKLES from the hellfire" -- this is wrong translation
--based upon the Hadith found in Bukhari and Muslim, the wudu of the Shia is bautil because they don’t wash their feet, they just damp their hands and wipe over the naked skin

THE CHAPTER OF WHAT NULLIFIES YOUR WUDU

1. Pass wind (gas) from your anus
--a woman passing gas from her vagina does not break her wudu
2. Urination
3. Defecation
4. Vomiting more than a mouthful
5. Giving birth
6. Sleeping (while lying down)

Shaikh Faisal was told by his Shaikhs that some Sahabahs were in the masjid and they were sleeping sitting down and their snoring could be heard - when the Iqamat was called, they got up and prayed and they did not renew their wudu

“I have seen the Companions of the Prophet (peace and blessings be upon him) sleeping to the tent that one could hear some of them snoring. But, they would stand for Prayer without a new ablution." At-Tirmidhi

Your wudu is broken when you sleep lying down, not when sitting down
--because when you sleep sitting down, it is difficult to pass wind

7. When you are intoxicated
8. Falling down unconscious (example: this includes epileptic seizures, which are also called, ‘fits’)
9. Apostasy
--when you return to Islam, you have to make ghusl

10. Touching your own private parts lustfully

"Whoever touches his sexual organ cannot pray until he performs ablution." (Reported by Al-Bukhari)

11. Touching a member of the opposite sex lustfully
12. Eating camel meat
--according to Abu Hanifa, Malik, and Shafi - eating camel meat does not break wudu
--but the correct opinion is: Hanbali fiqh - eating camel meat breaks wudu

"Perform ablution after eating camel meat, and do not perform ablution after eating goat." [At Tirmidhi no.21 and Abu Dawud No.184]

We say to the Hanafis, Maliki, and Shafiis: 'we have nothing to lose when we make wudu after eating camel meat, but maybe ALLAH will ask you why you didn’t make wudu after you ate camel meat ?" They all to lose.

According to Abu Hanifa, laughing/giggling breaks wudu and salah

We, the Hanbalis, say ‘we beg to differ, because there is no hujjah (evidence) for that fatwa’

According to Abu Hanifa, if you pray behind an imam who himself has no wudu, you (yourself) have no

Salah, as well as the imam (for example if he passes wind) but Hanbalis beg to differ because when Umar was the caliph, he led Fajr salah and he was in a state of janaba (wet dream) but he didn’t realize it so his salah was bautil for him but not for the Muslims; Umar didn’t tell them to repeat their salah, but he repeated his

--their salah was Sahih

--the Hanafis say Umar and the Ummah’s salah would be bautil: we, the Hanbalis, beg to differ.