Friday, June 3, 2011

-59- Fiqh of Tayammum

The Fiqh of Tayammum

By Shaikh Abdullah Faisal
(evening dars: 6.3.11)

The evidence that Tayammum is part of our deen

--Rasool (saws) said: “I was blessed with 5 things that no prophet before me was given”

Rasoolillah (SAW) said "I have been granted upon five things which were not granted to any other Prophet before me: I have gained victory with awe from the period of one month; the earth has been made pure and a masjid for me, so whenever the time of prayer comes for anyone of you, he should party wherever he is; the spoils of war have been made lawful for me, and these were never made law2ful to anyone before me; I have been granted shafa'a (intercession); and every prophet was sent particularly to his own people, whereas I have been sent to all mankind." (Bukhari & Muslim)

One of them is Tayammum : the whole world was made a masjid for the Rasool and his ummah

1. intention
2. Islam
3. sanity
4. absence of water
5. inability of the person to touch water due to sickness
6. must be performed with pure soil/sand
7. you must follow the format (strike the earth and wipe your hand)
--its better to wipe hand/arm up to the elbow

"And its earth has been appointed for us as a means of cleansing when we do not find water” [Muslim]

1. Say, ‘Bismillah’
2. Search for water and make Tayammum your last resort
3. Perform all acts of ibadah with one single Tayammum

1. Pass wind
2. Urination
3. Defecation
4. Vomiting more than a mouth full
5. Giving birth
6. Sleep while lying down
7. Intoxication
8. Falling down unconscious (includes epileptic seizures, known as ‘fits’)
9. Touching the opposite sex lustfully
10. Eating camel meat (Hanbali Fiqh)
11. Touching your own private parts lustfully
12. The Availability of water
13. Apostasy

NB: Tayammum is used to replace wudhu and ghusl
-- if you’re on a journey and had had a wet dream and couldn’t find water
-- you can use Tayammum to replace ghusl and wudhu
-- when ever you have a wet dream it is compulsory on you to make ghusl
-- some Sahabahs were on a journey, one of them had a crack in his skull

This is the evidence that Tayammum can be used to replace ghusl with water and this shows the danger of passing fatwas without knowledge:

Jabir said, "We were on a journey and one of us got injured. Later, he had a wet dream. He asked his companions, 'Can I perform Tayammum?' They said, 'No, not if you have water.' He performed ghusl and died. When they came to the Messenger of Allah, they informed him of what had transpired. He said, 'They killed him, Allah will kill them. Do you not ask if you do not know? The rescue of the ignorant person is the question. He could have performed Tayammum and dropped water on his wound or wrapped it with something and wipe over the wrapping, and wash the rest of his body." This is related by Abu Dawud, Ibn Majah, ad-Daaraqutnee and Ibn as-Sakin, who said it is Sahih.

Whatever nullifies your wudhu also nullifies your Tayammum

1. Khuff (leather socks are called, ‘khuff’)
2. jawrab (woolen and cotton socks)
-- according to the opinion from the ulema, you are allowed to wipe over the cotton socks,
as well as leather socks (this is Hanbali fiqh)

-- the opinion of the Hanafis you are only allowed to wipe over the leather socks

Jarir bin Abdullah (B.B.U.H), he said, “I saw that the Messenger of Allah urinated, then performed Wudu and wiped over his leather socks” Bukhari

-- this is the correct opinion: the Sahabahs were on the tabuk expedition with the Rasool salah Allahu alayhe wasalam; when he saw them wiping over cotton socks, he didn’t stop them

-- Anas ibn Malik used to wipe over his socks (cotton or leather)
-- Whenever you are on a journey, its better to wipe over your socks because it’s a gift from Allah

-- Mughira ibn Shuaba said: “I moved to remove the khuff from the feet of the Rasool”

Al-Mughira bin Shu'bah reported: I accompanied the Prophet (Salla Allahu Alaihi Wa Sallam) on a journey. When he performed ablution, I hastened to remove his leather socks but he said: "Let them! I wore them after ablution". He thus wiped over them (Al-Bukhari & Muslim)

-- the Prophet said: leave them alone because I was in a state of wudu when I put them on
-- when you put on your socks, you have to be in a state of wudhu
-- if you put on your socks when you were not in a state of wudhu, its haraam to wipe over them
-- you have to wear the socks after you perform wudu

Ahmad ibn Hanbal said: I have no aversion to wiping over the socks because there are 40 Hadiths about wiping over the socks from the Rasool and his companions

The ulema said, ‘there are 5 things that have reached wide spread Hadiths’ (Mutawatill):
1) the merits of building a masjid for the sake of Allah (tala)
2) seeing Allah (tala) in the aakhirah
3) the intercession of Muhammad(saws) for his ummah
4) the lake fount (pond)
5) wiping over the socks

**nb: some scholars mention a 7th condition

1. the wiper should wear his socks after he has made wudu
2. the khuff/jawrab should be clean (without any impurities)
**the dust of the earth is not considered impure

3. wipe over your socks when you break wudu with a minor impurity
**if you did a major impurity, eg. Janabah (wet dream)
**when you need ghusl you cannot wipe over the socks

Safwaan bin Assaal said: the Rasool ordered us not to remove our socks for 3 days, unless we were in a state of janabah (sexual impurity )

the Prophet (Salla Allahu Alaihi Wa Sallam) said: "Three days and nights for a traveler, and one day and night for a resident," [Muslim]

4. should observe the limits set by the Rasool: a day and a night for the resident
**3 days and 3 nights for the traveler

5. the socks should stay above the ankle by itself ; if not, it’s haraam to wipe over those socks
6. the journey should be a Halal journey
**if you’re on a haraam journey, you can’t wipe over the socks
**ex. of haraam journey: married man goes to see his lover

7. the socks cannot be silk socks because it’s haraam for us to wear silk

The Hanafis mention an 8th condition, but the Hanbalis don’t accept this fiqh
--the socks should not be too thin so the water does not touch the skin when wiping over the socks
--the Hanbalis don’t accept this opinion; the neo-Hanbalis allow sisters to wipe over the tights.
--the person who makes Tayammum is allowed to wear his socks:
--because the Tayammum and wiping over the socks has no connection
--when you put on your socks, you do not need to make the intention that you’ll be wiping over them
-- the journey that allows you to wipe over your socks is the journey that allows you to shorten your prayers
-- the wiper over the socks calculates from the first time he wiped over his socks for the first time, not when he made wudu before putting the socks on


-- he must remove his socks and wash his feet

that the wiping be for the period determined by the Sharee’ah, and that is a day and a night for one who is resident, and three days and nights for the one on a journey. This due to the Hadith of Ali who said, “the Messenger (saw) set a limit of one day and night for the resident, and three days and nights for the traveler” Related by Muslim

-- if a person removes his socks after making wudu, but he didn’t break his wudu
-- removing the socks didn’t break his wudu because maybe he needs to remove a stone in his socks

-- the wiper should wipe the upper part of his feet : not underneath the feet
-- The wiper should wipe the upper part of the feet and NOT underneath of the feet
-- wiping underneath the feet is bidah

So in the sunnah is the Hadith of Ali ibn Abu Taalib who said, “if the religion were according to opinion then the underside of the khuffs would have been wiped, but I have seen the Messenger of Allah (saw) wiping over the upper part of the khuff.”

-- the wiper should use right hand right foot / left hand left foot
-- the wiper should use the right hand to wipe over the right foot and left hand for the left foot
-- if he followed any other format he did a Bidah
-- sometimes you go to the masjid and see a person wiping on top and under the feet
-- his salah is valid; he gets the excuse of ignorance
-- the wiping of women is the same of a man the same as the Salah is the same
-- people who say otherwise are weak in Fiqh
-- the wiping of socks is the same for the man and the woman:
-- just as the salah is the same for male and female.
-- it is permissible to wipe over the turban (according to Hanbali Fiqh)
-- the Hanafis claim it is haraam to wipe over the turban:
-- Hanbalis say the Rasool wiped over his turban: the same for sisters wiping over the hijab
-- though the Hanafis say that it is haraam for the sister to wipe over her hijab

Sunnah has been established in this regards
-- a sister who puts on her hijab in a state of wudu: is allowed to wipe over her hijab
-- she renews her wudu: she does not have to wipe over her ears, as the hijab covers the ears
-- if someone has a bandage (for injury), it is allowed to wipe over this bandage (broken bones)
-- you cannot wash that section of your body
-- you must wipe over the complete bandage