Tuesday, July 23, 2013

-480- THE SHARH OF BULUGH AL MARAAM (SHARIAH LAW CONCERNING SPERM AND PROSTATE FLUID)



THE SHARH OF BULUGH AL MARAAM:
SHARIAH LAW CONCERNING SPERM AND PROSTATE FLUID


By Shaikh Abdullah Faisal
Edited by Muminah_29
16 Jan 2013



Book 1 chapter 3 (The Cleaning of Najasah and its Nature) Page 26


28. Narrated Anas Ibn Malik (RAA): "On the day of Khaibar, the Prophet (Sallallahu alayhi wa sallam) commanded Abu Talhah to make an announcement, so he called out saying, "Allah and His Messenger (Sallallahu alayhi wa sallam) prohibit you from eating the flesh of domestic donkeys, for it is considered as Rijs (impure food)" [Agreed upon]


There are many lessons that we can derive from this hadith:


1. THE MENTION OF KHAIBAR SHOWS THE WISDOM OF ANAS (R.A)
He linked a major historic event, namely The Battle of Khaibar to a major Fiqh issue, which was a cut off point for the permissibility of eating donkey meat.
If you consumed donkey meat BEFORE the fall of Khaibar you are FORGIVEN but if you consumed donkey meat AFTER the fall of Khaibar you have committed a sin.


2. ALLAH (SWT) AND HIS RASOOL (Sallallahu alayhi wa sallam) HAVE FORBIDDEN DONKEY MEAT
This proves that the Hadith carries the same power as the Holy Quranin making things Halaal, Haraam, Mustahab (recommended) or Fard.


The following Quranic verses are clear evidences that Hadith is Hujjah:


Say (O Muhammad Sallallahu alayhi wa sallam to mankind): "If you (really) love Allāh then follow me (i.e. accept Islamic Monotheism, follow the Qur'an and the Sunnah), Allāh will love you and forgive you of your sins. And Allāh is Oft-Forgiving, Most Merciful." (Al Imran 3:31)
Nor does he speak of (his own) desire. (An-Najm 53:3)
It is only an Inspiration that is inspired. (An-Najm 53:4)
And whatsoever the Messenger (Muhammad Sallallahu alayhi wa sallam) gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allāh. Verily, Allāh is Severe in punishment (Al-Hashr 59:7)
With clear signs and Books (We sent the Messengers). And We have also sent down unto you (O MuhammadSallallahu alayhi wa sallam) the reminder and the advice (the Qur'an), that you may explain clearly to men what is sent down to them, and that they may give thought (An-Nahl 16:44)


All the above verses are used to checkmate the Parvezis (i.e. the Hadith rejecters'). TheParvezi movement was founded in India& Pakistan. The parvezis are followers of Ghulam Parvez. They are hadith rejecters.


3. HE SPECIFIED DOMESTIC DONKEYS
According to Shariah there are two types of donkey:
(1) Wild Donkeys
(2) Domestic Donkeys


Zebras are WILD donkeys
Domestic donkeys are known to bray when they see a jinn.
The following hadith is evidence that zebra meat is halaal to eat


As-Sa'b bin Jath-thamah al-Laithi (RA) narrated, 'He presented to the Prophet (Sallallahu alayhi wa sallam) the meat of a zebra while he was in the area known as al-Abwa' or Waddan. The Prophet (Sallallahu alayhi wa sallam) declined it, and said to him, “We declined your present only because we are in the state of Ihram. [Al-Bukhari (1825) and Muslim (1193)]


By the prohibition of 'Domestic' donkeys specifically together with the above hadith, is evidence that Zebra meat is Halaal to eat
When the Holy Prophet (Sallallahu alayhi wa sallam) had a crucial announcement to make
He would use a member of his family
However in this case, he used Abu Talha (r.a)
Here are 4 reasons the scholars gave: -


1. Abu Talha was very pious
2. He was a leader among his tribe therefore he had Gravitas
(Gravitas = Seriousness and a lot of respect from his people)
3. He was strongly built
4. He had a loud voice (Sahabahs used to say his voice was equal to 1000 voices)


Abu Talha was formerly a Kaafir
But he fell in love with a Muslim Woman, i.e. Umm Sulaym (r.a) she was a widow and she was very beautiful
When he proposed to her, she turned him down
He was naturally disappointed when she turned down his proposalso that compelled him to ask her if there was anyone else.
The reason Umm Sulaym gave was because he was a pagan, a Mushrik.
Before that, he assumed there was someone else, and also assumed it was due to dowry value (i.e. he should offer more as dowry)
She told him that her dowry was that he takes his Shahadah
Hence it is said that THE BEST DOWRY WAS THE DOWRY OF UMM SULAYMbecause her dowry was ISLAM and the marriage was successful.
Abu Talha fought many, many battles with the Holy Prophet (Sallallahu alayhi wa sallam)and he was very brave in doing so
Umm Sulaym& Aisha were on the battlefield at Uhud pouring water in the mouths of the Mujahideen


(On that day) I saw `Aisha, the daughter of Abu Bakr and Um Sulaim both lifting their dresses up so that I was able to see the ornaments of their legs, and they were carrying the water skins of their arms to pour the water into the mouths of the thirsty people and then go back and fill them and come to pour the water into the mouths of the people again.
(On that day) Abu Talha's sword fell from his hand twice or thrice. [Sahih Bukhari (5/37) No. 3811]


EDIBLE ANIMALS
Animals that are halaal to eat.
When the noble companions were once cooking donkey meat and the Holy Prophet (Sallallahu alayhi wa sallam) told them it was haraam, they INSTANTLY dumped what they were cooking.
This shows their level of obedience and taqwa


O you who believe! Enter perfectly in Islām (by obeying all the rules and regulations of the Islāmic religion) and follow not the footsteps of Shaitān (Satan). Verily! He is to you a plain enemy (Al-Baqarah 2:208)


Even though they NEEDED food, they did not use words like if, but, maybe, perhaps or perchance to disobey the Holy Prophet (saw), unlike today’s Muslims who show reluctance to obey Shariah law when they are told to stop doing something which is haraam e.g. wearing gold or smoking weed.
In this regard Allah said:


It is not for a believer, man or woman, when Allāh and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allāh and His Messenger, he has indeed strayed in a plain error. (Al-Ahzab 33:36)


Khaibar fell on 7 AH (7 years after Hijra)
Ibn Abbas is of the view that donkey meat is not haraam it's only Makrooh
Some scholars bring a hadith from Abu Dawud to justify the permissibility of eating donkey meat.


Narrated Ghalib ibn Abjar: We faced a famine, and I had nothing from my property which I could feed my family except a few asses, and the Prophet (Sallallahu alayhi wa sallam) forbade the flesh of domestic asses. So I came to the Prophet (Sallallahu alayhi wa sallam) and said: Messenger of Allah (Sallallahu alayhi wa sallam), we are suffering from famine, and I have no property which I feed my family except some fat asses, and you have forbidden the flesh of domestic asses. He said: Feed your family on the fat asses of yours, for I forbade them on account of the animal which feeds on the filth of the town, that is, the animal which feeds on filth.
[Sunan Abu Dawud (3/356-357) No. 3809]


Now this is the argument of some scholars, especially Ibn Abas, who says that if the donkey is on the field and eats properly, then the meat is makrooh.
How do we reconcile the two hadiths?
It is EASY to reconcile the two hadith
Firstly, the chain of transmitters of the above-mentioned hadith found in Abu Dawud is daeef(weak).
The Hadith contains contradictions
How can donkeys be fat during famine!
Another way to reconcile the hadiths is the stance that my Shaikhs took when they were explaining the two hadiths.
Instead of classifying the hadith of Abu Dawud as daeef they reconciled the two hadiths.
Therefore they said the man was in the desert and he was stricken with famine and drought so the Holy Prophet (saw) on the basis of NECESSITY he compassionately allowed the man and his family to eat donkey meat on that specific occasion.
Hence it can only be eaten according to the Ulema out of necessity and not under normal circumstances just as in the case of pork.
Some Scholars put forward the argument that its forbiddance is not related to its lack of cleanliness but it is because the animal is needed to carry load.
Hence it needs it to be saved from extinction.
To refute this however other scholars stated that HORSEMEAT IS HALAAL to eatand HORSES ARE MORE VALUABLE THAN DONKEYS!
We use Horses for more purposes than donkeys.
The following hadith is the Hujjah that horsemeat is halaal to eat:


It was narrated that Asma' bint Abi Bakr (RA) said: "At the time of the Prophet (Sallallahu alayhi wa sallam) we slaughtered a horse and ate it."  [Narrated by al-Bukhari (5191) and Muslim (1942)]


What is the Illah (i.e. reason) why the Holy Prophet (Sallallahu alayhi wa sallam) forbade Donkeys?
The scholars say because the donkey is DUMB and STUBBORN and these are not noble traits, and everyone frowns upon these characteristics.
Therefore it is unwise to consume donkey meat since you are what you eat.
On the other hand Horses have noble traits therefore it is halaal to eat horses
Horses are so important that Allah swears by the horses in the Quran.


By the (steeds) that run, with panting (breath)
Striking sparks of fire (by their hooves)
And scouring to the raid at dawn
And raise the dust in clouds the while
Penetrating forthwith as one into the midst (of the foe) (Surah Al-'Adiyat 100 Vs1-5)


Hence on the basis that 'you are what you eat',
It’s not permissible to inherit traits of donkeys (by eating them!)
Contrary to Horses, when Allah describes donkeys, He describes them in a negative light.
The following ayah is an example of such description.


And be moderate (or show no insolence) in your walking, and lower your voice. Verily, the harshest of all voices is the voice (braying) of the ass." (Luqman 31:19)


Pig is another good example of how you are affected by what you eat
Pigs have no jealousy and they are shameless.
Wife swapping and nudity is rife among pork-eaters!
Horses on the other hand are noble, brave, and obedient
Hence it's advantageous to inherit such characteristics.


The scholars of Islam have pronounced the following animals as halaal to eat:


1) Locusts
Narrated Ibn Abi 'Aufa: We participated with the Prophet in six or seven Ghazawat, and we used to eat locusts with him [Sahih Bukhari (7/90) No. 5495]
2) Camel Meat
3) Penguin
4) Ostrich
(Fighting broke out between two tribes in Ethiopia over one person eating an Ostrich)
5) Giraffe
6) Kangaroo
7) Hyena
According to Abu Hanifa hyena meat is Haraam but according to the Malikis and Hanbalis hyena meat is Halaal


As for the sea animals.
Every thing in the sea is halaal according to the Hanbali school of thought.
However some scholars especially the Hanafis do not allow sea snakes and salt water crocodiles. They make those the exception to the rule.
Shayhk Ibn Uthaymeen allows sea snakes and salt-water crocodile because he follows the Hanbali view that everything in the sea is halaal. This is the Maliki opinion as well.
The following hadith is the evidence used by the Hanbalis and the Malikis to pronounce all sea animals halaal.


Abu Huraira reported that a man asked the Prophet (Sallallahu alayhi wa sallam): 'We travel in the sea and we carry with us little water. If we used it for wudu then we would be suffering thirst! So should we still use this water for wudu?' The Prophet (Sallallahu alayhi wa sallam) replied: "Its [sea] water is pure and its dead meat [fish and whatever lives in sea and die by leaving it] is Halal to eat" [Sunan Tirmidhi (1/100) No. 69, Sunan Abu Dawud (1/21) No. 83, Sunan al-Nasa'i (1/50) No. 59, Sunan Ibn Majah (1/250) No. 386, Sunan al-Darime (1/201) No. 729, Musnad Ahmad (2/361) No. 8720]


HADITH 29


29. Narrated 'Amro Ibn Kharijah (RAA): "The Messenger of Allah (Sallallahu alayhi wa sallam) addressed us in Mina, while riding his camel and its saliva was flowing onto my shoulder." [Ahmad and at-Tirmidhi related it, and the latter authenticated it]


The reason why this hadith was brought forward was to prove thatthe saliva of edible animals IS PURE
This animal (i.e. the camel) is so pure; the Holy Prophet (saw) prescribed its URINE as a medicine.


Narrated Anas: Some people from `Uraina tribe came to Medina and its climate did not suit them, so Allah's Apostle (Sallallahu alayhi wa sallam) allowed them to go to the herd of camels (given as Zakat) and they drank their milk and urine (as medicine) but they killed the shepherd and drove away all the camels. So Allah's Apostle sent (men) in their pursuit to catch them, and they were brought, and he had their hands and feet cut, and their eyes were branded with heated pieces of iron and they were left in the Harra (a stony place at Medina), till they died. [Al-Bukhari (6802) and Muslim (1671)]


This hadith is used to Checkmate to Shiites and the goofy soofis who claim that Holy Prophet (Sallallahu alayhi wa sallam) knew the future.
If the Holy Prophet (Sallallahu alayhi wa sallam) knew the future why would he send murderers to get cured by a shepherd and after being cured they killed the shepherd and drove away the camels?
It is permissible to give a Khutbah whilst on such animals
The only reason why the saliva dripped on the Sahabah was because the Holy Prophet (Sallallahu alayhi wa sallam) was holding the reigns of the cameland the Holy Prophet (Sallallahu alayhi wa sallam) kept quiet, because it was not important
This falls into the category of: Sunnah Taqreeriyyah (an implied Sunnah)
I.e. where the Holy Prophet’s (Sallallahu alayhi wa sallam) silence is consent
E.g. The Sahabah Khalid ibn Walid ate a roasted lizard in front of the Prophet (Sallallahu alayhi wa sallam) and the Prophet (saw) kept quiet
The silence of the Prophet (saw) means the lizard is halaal to eat.


Malik related to me from Ibn Shihab from Abu Umama ibn Sahl ibn Hunayf from Abdullah ibn Abbas that Khalid ibn al-Walid ibn al-Mughira entered the house of Maimuna, the wife of the Prophet (Sallallahu alayhi wa sallam), with the Messenger of Allah (Sallallahu alayhi wa sallam), and he was brought a roasted lizard. The Messenger of Allah (Sallallahu alayhi wa sallam), stretched his hand toward it. One of the women who was in Maimuna's house said, "Tell the Messenger of Allah (Sallallahu alayhi wa sallam), what he means to eat."
Someone said, "It is a lizard, Messenger of Allah." He withdrew his hand. Khalid said, "Is it haram, Messenger of Allah?" He said, "No, but there were none in my people's land, and I find that I dislike them." Khalid added, "I chewed and ate it while the Messenger of Allah (Sallallahu alayhi wa sallam), was looking." [Maliks Muwatta, Book 54, Hadith #010]


The reason why the Ulema apply the ruling of Sunnah Taqreeriyyah, is becauseit is not permissible for the Holy Prophet (Sallallahu alayhi wa sallam) to delay corrective instruction if something wrong should take place in front of him.
This hadith proves that the saliva of edible animals is considered PURE
(i.e. the hadith about the camel saliva dripping on the shoulder of a Sahabah)
The Saliva of animals is generally pure
E.g. Abu Qatada used the same vessel, which the cat drank fromto do wudu


Kabshah bint Ka'b ibn Maalik, who said that Abu Qutaadah (her husband's father) entered upon her and she poured water for him to do wudoo', and a cat came to drink from it, so he tipped the vessel for it to drink. Kabshah said: “He saw me looking at him and said, “Do you find it strange, O daughter of my brother?' I said, 'Yes.' He said, 'The Messenger of Allah (Sallallahu alayhi wa sallam) said, “They (cats) are not naajis, rather they are of those who go around amongst you.”
[Sunan Tirmidhi (1/153-154) No. 92, Sunan al-Nasa'i (1/55) No. 68, Sunan Abu Dawud (1/19) No. 75, Sunan Ibn Majah (1/239) No. 367, Sunan al-Darime (1/203) No. 736, Musnad Ahmad (5/303) No. 22633, Muwatta Malik (1/25) No. 54]


The saliva of dogs & pigs is considered najasa


It was narrated from Abu Huraira that the Messenger of Allah (Sallallahu alayhi wa sallam) said: "If a dog licks the vessel of any one of you, let him wash it seven times, the first time with dust."
[Sahih Muslim (1/234) No. 279, Sunan al-Nasa'i (1/177) No. 338, Musnad Ahmad (2/427) No. 9507]


If the saliva of a dog was to go into a vessel, you have to wash it seven times with dirt as the first washing.
This is because the dirt contains 'fluorine' and the fluorine kills the rabies, which is in the saliva of the dog.
Using Qiyaas, some scholars say that the same applies to washing vessels infected by the saliva of the pig
But Uthaymeen disagreed because they are two different saliva’s
Dogs contain rabies, whilst pigs don't
The leftover of dogs and pigs are not permitted
The leftover of donkeys and mules is makrooh
The leftover of other wild beasts is halaal IF IT'S A LARGE BODY OF WATER


It was narrated from Abu Sa'eed al-Khudri that the Prophet (Sallallahu alayhi wa sallam) was asked about the water basins located between Makkah and al-Madinah, which were visited by wild animals, dogs and donkeys, and about using them for means of purification. He said, "Whatever they (the animals) have carried in their bellies is for them, and whatever is left over is for us, and is pure."  [Sunan Ibn Majah (1/326) No. 519] (Daeef)


The hadith above is classified as DAEEF
Whenever you go to a restaurant, there's no point in asking the restaurant owner the details of how the chicken got killed because he doesn't know
He can only order from the chicken farm, therefore as long as the chicken farm has a Halaal certificate, it's permissible.
Similarly, Umar insisted not to answer the person who asked the question about drinking the left over water of wild animals or beasts.


Narrated Yahya ibn Abd ar-Rahman ibn Hatib that Umar ibn al-Khattab set out on one occasion with a party of riders, one of whom was Amr ibn al-As They came to a watering place and Amr ibn al-As asked the man who owned it whether wild beasts drank from it. Umar ibn al-Khattab told the owner of the watering place not to answer, since the people drank after the wild beasts and the wild beasts drank after them [Muwatta Malik (1/26) No. 55]


HMC is the legitimately Halaal outlet in the UK


HADITH 30


30. Narrated 'A'ishah (RAA): "Allah's Messenger (Sallallahu alayhi wa sallam) used to wash the semen (off his clothes), and then go out to prayer in the same garment. I used to see the mark of the washing (on his clothes)" [Agreed upon]


IS SEMEN NAJIS?


According to Abu Hanifah & Imam Malik Semen IS NAJIS just like anything else that comes from the private parts
Ahmed Ibn Hanbal & Imam Shafi begged to differ
According to them, the discharge is 'pure'


Aisha (RA) reported that the Prophet (Sallallahu alayhi wa sallam) was asked about a man who noticed moisture on his garment on awakening from sleep but does not remember the wet dream, he said that he must have a bath. He was also asked about one who remembers a wet dream but his garments have no moisture. He said that he need not have a bath. Umm Salamah (RA) asked, "O Messenger of Allah (Sallallahu alayhi wa sallam) shall a woman, who has this experience need have a bath?" He said, "Yes. Women are the twin halves of men."
[Sunan Tirmidhi (1/189) No. 113, Musnad Ahmad (6/256) No. 26238, Sunan Abu Dawud (1/61) No. 236]
Umm Salamah (RA) said that Umm Sulaym bint Milhan (RA) came to the 'Prophet (Sallallahu alayhi wa sallam) and said, "Messenger of Allah! Allah is not ashamed of the truth. Is it wajib for a woman to have a bath if she has sexual dream as a man does?" He said, "Yes, when she sees signs of mani (discharge), she must have a bath." Umm Salamah (RA) said that she remarked, "O 'Umm Sulaym! You have disgraced women." [Tirmidhi 122, Ahmed 26675, Bukhari 282, Ibn e Majah 600, Muslim 313, Abu Dawud 237, Nisai 197]


Umm Sulaym is the mother of Anas Ibn Maalik
By asking such a question, Umm Sulaym benefitted billions of Muslim women to come
Umm Salamah who was from Makkah was shy because shyness was the prevailing custom of the women of Makkah.
Umm Sulaym who was from Madinah was not afraid to ask such questions because boldness was the prevailing custom of the women of Madinah.
Such questions like female wet dreams.
The reason why Abu Hanifa & Imam Malik was of the opinion that semen is impure is because it shares the same passage as urine.
Hence even though it is ORIGINALLY PURE it becomes impure en-route through the passage in which the urine has passed.


Yahya related to me from Malik from Hisham ibn Urwa that Zuyayd ibn as-Salt said, "I went with Umar ibn al-Khattab to Juruf and he looked down and noticed that he had had a wet dream and had prayed without doing ghusl. He exclaimed, 'By Allah I realize that I have had a wet dream and did not know it and have not done ghusl.' So he did ghusl and washed off whatever he saw on his garment, and sprinkled with water whatever he did not see. Then he gave the adhan or the iqama and prayed in the midmorning." [Muwatta Malik (1/55) No. 134]


The above hadith from Muwatta Malik is an evidence to support the view that if a person leads others in prayer without wudu the Salah of the people he led is valid as long as they were in wudu.
But the Salah of the Imam who had no wudu is baatil.
This is the madhab of the Jamhoor.
However Abu Hanifa said I beg to differ.
The Hanafis are of the opinion that if the Imam has no wudu then his Salah and the Salah of the congregation is baatil.
However the correct opinion is that of the Jamhoor.
The intention of the follower can be different from the intention of the Imam in Salah so a traveler can pray Dhur behind an Imam who is praying Asr
This is only permissible if the two Salah contains the same amount of Rakah


31. In another version narrated by Muslim she said: "I used to rub it (the semen) off the garment of the Prophet (Sallallahu alayhi wa sallam), and then he would pray in it."
32. In another version (narrated also by Muslim), she said: "I used to scrape it with my nail from his garment, when it had dried."


Those who say sperm is PURE bring the above hadiths to checkmate those who say sperm is IMPURE
The Hanbalis use the above hadiths to state that the mere scratching of the sperm would be sufficient to make the garment clean enough for the Holy Prophet (saw) to Pray in those garment
Hence this proves that although Sperm travels through the same passage as urine it is still pure
Hence the Hanbali & Shaafi madhabs are CORRECT
The Argument of the Maalikis and Hanafis does not stand up to scrutinybecause why would Allah use something IMPURE to Create Human Beings
Sperm is like milk.
How did Allah create Milk? BLOOD TURNED INTO MILK
How did Allah Create Sperm? BLOOD TURNED INTO SPERM
Some Fuqahaa say sperm is PURE WHEN DRY, but IMPURE WHEN MOIST.
This is the view of Abu Hanifa but that doesn't stand up to scrutiny because Allah would not use something Impure to create Bani Adam.
In the following ayah Allah said he has honoured the children of Adam


And indeed We have honoured the Children of Adam, and We have carried them on land and sea, and have provided them with At-Taiyibat (lawful good things), and have preferred them above many of those whom We have created with a marked preference. (Surah Israa 17:70)


Our father Adam was created from Hama (black mud altered), which is pure. The children of Adam were created from semen, which is also pure.
It is inconceivable that Allah would declare in the Quran that He has honoured the children of Adam after creating them with a substance that is impure.
The other argument of the Hanbalis is the urine of Edible Animals IS PURE e.g. Camels Urine was USED TO CURE AILMENTS.
Therefore if the urine of edible animals is pure and can be used to cure ailments then this means the semen of Bani Adam is pure.


Narrated Anas: Some people from `Uraina tribe came to Medina and its climate did not suit them, so Allah's Apostle (Sallallahu alayhi wa sallam) allowed them to go to the herd of camels (given as Zakat) and they drank their milk and urine (as medicine) but they killed the shepherd and drove away all the camels. So Allah's Apostle sent (men) in their pursuit to catch them, and they were brought, and he had their hands and feet cut, and their eyes were branded with heated pieces of iron and they were left in the Harra (a stony place at Medina), till they died. [Al-Bukhari (6802) and Muslim (1671)]


2. WHAT IS MANIYY? WHAT IS MADHIYY?


The difference between maniy and madhiy is that the maniy that comes from a man is thick and white, and that which comes from a woman [fluid emitted at the moment of climax] is thin and yellow. Madhiy is thin and white and sticky and comes out during foreplay, or when thinking about intercourse, or wanting it, or when looking, etc. It is experienced by both men and women. [Fataawa al-Lajnah al-Daa'imah, 5/418]


Based upon the above-mentioned definition of the Fuqahaa we can safely conclude that Maniyy is sperm but Madhiyy is prostate fluid.
According to Shariah law sperm and prostate fluid has different rules and regulations.
According to Shariah law there are TWO TYPES of discharge experienced by men and women:
1) Major discharge
2) Minor discharge
In Islam, everything is categorized as Major & Minor for example Major and Minor Shirk, Major and Minor Kufr, Major and Minor Hypocrisy, Major and Minor Discharge.
Whenever a person does not understand this crucial principle of Islam he is misguided and he has become a loose cannon. This is the plight of the Khawaarij (the puritans).
Whenever some women are speaking to their fiancé on the phone or on skype theyexperience a discharge.
According to Shariah law this is considered a minor discharge and therefore requires wudu and not ghusl.
This type of discharge also occurs when the favourite team of a woman scores in a football match.


There are 3 types of Major discharges


MAJOR DISCHARGE occurs on 3 occasions during intercourse, wet dreams and masturbation.
These 3 major discharges necessitate ghusl.
Intercourse and masturbation breaks the fast but having a wet dream in the daytime does not break the fast.
If a person has a wet dream in the daytime it does not break the fast but it is compulsory to make ghusl before praying.
MINOR discharge does not break fasting
MAJOR discharge BREAKS fasting


Abu Haneefah and al-Shaafa'i are of the view that emission of madhiy does not invalidate the fast in any case, whether it is caused by direct physical contact or otherwise, and that what invalidates the fast is emission of maniy (sperm) not madhiy (prostate fluid).
[See al-Mughni. 4/363]


Abu Hanifa& Imam Shaafi holds the CORRECT opinion that ONLY SPERM breaks the fast andNOT the prostate fluid


Shaykh Ibn 'Uthaymeen said in al-Sharh al-Mumti' (6/236):
After quoting the view of the Hanbalis on this issue: There is no sound evidence to support that, because madhiy is of a lesser status than maniy with regard to desire, and does not cause a person to be tired after emitting it, so it cannot be likened to it.
The correct view is that if a person has direct physical contact and emits madhiy, or masturbates and emits madhiy, this does not invalidate the fast, and his fast is still valid.
This is the view favored by Ibn Taymiyah (may Allah have mercy on him).
The proof for this is the fact that there is no proof to support the view that emission of madhiy invalidates the fast, because this fast is an act of worship that the person started as prescribed in sharee'ah and it cannot be regarded as having been invalidated unless there is evidence to that effect.  What is meant by“[he] masturbates and emits madhiy” is that he tried to ejaculate by means of masturbation but he did not, rather what came out was madhiy.


Prostate fluid necessitates WUDU, NOT Ghusl
SEMEN necessitates GHUSL, NOT Wudu
Even though Uthaymeen was Hanbali in this instance he agrees with Abu Hanifa


Question 1:
Is Prostate Fluid pure or impure?


Answer 1: -
Madhiy (prostate fluid) is naajis (impure), because of the hadeeth of ‘Ali of which it is reported that the Prophet (peace and blessings of Allaah be upon him) commanded him to wash his penis and testicles and do wudoo’, as was reported by Abu ‘Awaanah in al-Mustakhraj. Ibn Hajar said in al-Talkhees: “There is nothing at fault in this isnaad.” So madhiy is naajis and the penis and testicles must be washed, as it nullifies tahaarah. Ruling concerning clothing on which there is semen or urethral discharge As maniy is deemed to be taahir, if it gets on a person’s clothes it does not make them impure, and if he prays in those clothes there is nothing wrong with that. Ibn Qudaamah said in al-Mughni (1/763): “Even though we say it is taahir, it is better to rub it, but if one prays (in those clothes) without rubbing it, this is acceptable.” In the case of madhiy, it is sufficient to sprinkle water on it, because of the difficulty of doing otherwise. The evidence for this is the hadeeth narrated by Abu Dawud in his Sunan from Sahl ibn Haneef, who said: “I used to experience a lot of urethral discharge, and I used to do ghusl a lot. I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about it and he said: ‘It is sufficient for you to do wudoo’ (to purify yourself) from that.’ I said, ‘O Messenger of Allaah, what about when it gets on my clothes?’ He said: ‘It is sufficient for you to take a handful of water and sprinkle it on your clothes wherever you think (the madhiy) is.’” (Reported by al-Tirmidhi. He said: This is a saheeh hasan hadeeth, and the only other hadeeth about madhiy that we know is the hadeeth of Muhammad ibn Ishaaq). The author of Tuhfat al-Ahwadhi (1/373) said: “This may be taken to prove that if madhiy gets on one's clothes, it is sufficient to sprinkle water on it; one does not have to wash it. ”And Allaah knows best.


QUESTION 2:
Can you please clarify the difference between sperm being pure if it is on your clothes but if you discharge it you need Ghusl Please clarify the difference. Also why did Omar (r.a.) wash his garments? Do we know or are we assuming it was because of sperm.


ANSWER 2: -
Is not good for you to be walking around with traces of sperm on your garmentthis is why he washed it
For the sake of decency not because it is impure
The Hanbalis are saying if sperm were impure, it would have been compulsory for Aisha (r.a) to wash the sperm off the clothes of the Holy Prophet (saw)not just scrape it off.


QUESTION 3:
Is it permissible for the Ahkamul Ahlul Dhimmi to eat pork and drink alcohol in the privacy of their homes in the Islamic State?


ANSWER 3:-
Pigs are not allowed to be bred in the Islamic state so pork is unlikely to be eaten
As for drinking alcohol he'll be allowed to do so in the privacy of his own home as long as he does not do that in front of Muslims.
This is so because alcohol is an integral part of the Christian faith, they take communion with wine and the Dhimmi is allowed to practise his religion in the Islamic State as long as he does it in private and he does not invite Muslims to join him.
However if he invites Muslims to drink or worship with him he will be severely punished by the Qaadi of the Shariah court.


QUESTION 4:
I was told that 'Abu al-Hasan al-Kharki (died 951)' stated that "... if the Quran and Sunnah were on one side, and the opinion of the Imam (Abu Hanifa and others) on the other, THEN ONE MUST FOLLOW THE IMAM as he understood the Qur'an and Sunnah better than you" Is this correct?


ANSWER 4: -
I do not know about this statement from this particular scholar
I DO know that ALL FOUR IMAAMS said if you see something in my bookthat contradicts Quran & Sunnahthen THROW AWAY MY STATMENT in favour of Quran & Sunnah.


QUESTION 5:
Just to be cleared about what you said about maniy and madhiy. Madhiy is minor discharge and does not break fast or require ghusl while maniy is major discharge? Is this correct and can you please explain Shaikh?


ANSWER 5: -
Your statement is correct
Madhiy (Prostate fluid) necessitates WUDU, NOT Ghusl and it does not break the fast
Maniyy (Semen) necessitates GHUSL.
The maniyy breaks the fast if you masturbate or have intercourse. However if you have a wet a dream in the daytime while fasting the fast is still valid but you have to make ghusl to pray.


QUESTION 6:
Would regular discharge break your wudu?


ANSWER 6: -
BOTH discharges break your purity
However Madhiyy (prostate fluid) ONLY REQUIRES WUDU
Whereas Maniyy (semen) REQUIRES GHUSL
Semen comes out from masturbation, intercourse, or a wet dream
As for prostate fluid (which is thin & white), Ghusl is NOT NECESSARYWUDU is enough.