Simplified Fiqhi Encyclopedia

Transcription

1 Simplified Fiqhi Encyclopedia Questions and Answers Dr. Magda Amer New Vision for Translation and Culture 2010

2 All rights reserved. No part of this publication may be be reproduced, stored in retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the author. First Edition 1431 A.H. / 2010 A.C. Author: Dr. Magda Amer Translation Dept. Director: Ahmad M. Hasan General Director: Sheikh Muhammad `Abdu New Vision for Translation and Culture Cairo, Egypt. P.O. Box: 34 Al-Qalaa Tel.: Mobile: info@newvision.tc Deposit No.: I.S.B.N.: II

3 Publisher's Note Praise be to Allah alone, peace and blessings be upon the last Prophet, his family and those who follow him until the Day of Judgement. Allah (Exalted be He) has enacted laws for the Ummah to make it easier to abide by His creed and Shari`ah. Fiqh corrects the civilizational cycle of the Ummah through the juristic rulings so that the work and movement of the Ummah run according to Islam and its commands. For that the Prophet (peace be upon him) said, "If Allah wants to do good to a person, he makes him comprehend the religion." (Reported by Al-Bukhari). This book in hand is a translation of an Arabic book titled Al-Mawsu`ah Al- Fiqhiyyah Al-Muyassarah [Simplified Fiqhi Encyclopedia: Questions and Answers], written by Dr. Magda `Amer. Since translation is an arduous task that requires precision and dedication, we have exerted ourselves to produce this precious work, but perfection is only Divine. In addition, due to the delicate nature of the subject as well as the special style of the Arabic language, the translation in hand is not literal; our translators and revisers have done their best to render the text legible. On various occasions, they have amended the Arabic text by way of paraphrasing, rearranging and summarizing. New Vision would like to express deep thanks to Dr. Magda `Amer for giving us the chance to translate such a precious work, supplicating Almighty Allah to make it profitable to Islam and Muslims. Also, we would like to thank our teamwork, especially Muhammad Sha`ban, Muhammad S. Abdul-Dhahir, Mayyada Ramadan, Samah Abdel-Hakam, Amgad Hasan, and Omar Shehab for their efforts in translating and revising the major part of this book. Great appreciation is due to Ahmad M. Hasan, Emily Richardson, and Selma Cook our editors, under whose guidance and supervision the subject matter took form. Finally, all praise is due to Allah, through His Blessings all good deeds are completed. General Director Sheikh Muhammad `Abdu III

4 IV

5 Introduction Praise be to Allah Whom we ask for forgiveness and in Whom we seek refuge from the evils of our selves and bad deeds. I testify that there is no God but Allah and Muhammad is His Servant and Messenger. Allah (Exalted be He) says, You who believe! Fear Allah (by doing all that He has ordered and by abstaining from all that He has forbidden) as He should be feared. [Obey Him, be thankful to Him, and remember Him always], and die not except in a state of Islam (as Muslims) with complete submission to Allah. (Al `Imran: 102) Allah (Exalted be He) obligates us to worship Him, and He (Exalted be He) makes this worship the greatest goal of humanity; as He says: And I (Allah) created not the jinns and humans except they should worship Me (Alone). (Adh-Dhariyat: 56) This book has addressed the Fiqh of acts of worship by posing questions and providing suitable answers for them beside other available opinions submitted by Muslim scholars in a brief and flexible manner. However, specialists in tackling additional questions come to mind in every branch of Fiqh are to sail for more Juristic rulings. I have exerted my utmost efforts to facilitate the answers for each question without offering every possible opinion. Whatever is good is by Allah's Success and whatever proves wrong is due to my fault and that of Satan. We ask Allah's Forgiveness for our sins and repent to Him. We pray for Allah (Glorified be He) to shelter us from whims, slips of the pen and lapsus linguae. May Allah benefit the Muslims from this task and lead us to the precious science and righteous deeds. Peace and blessings be upon our Prophet Muhammad Dr. Magda Amer V

6 Niyyah: Important Terms Lexically, it means intention. Technically, it means the intention to do something coupled with its implementation, and it is among the actions of the heart that are not to be uttered. Conditions for the validity of Niyyah: 1. Embracing Islam. 2. Having the power of discernment. 3. Knowing about the intended action. Definition of Shart (condition): The element external to the object, which if non-existent invalidates the related act of worship, such as completing Wudu' (ablution) as a condition for the validity of prayer. Definition of Rukn (pillar): It is an intrinsic part of the object, such as Takbirat-ul-Ihram (saying: "Allahu Akbar [Allah is the Greatest]" upon starting prayer) being one of the pillars of prayer. Definition of Bid`ah: Every newly introduced act in religion. Definition of the valid act of worship: It is the act that conforms to the Shari`ah through fulfilling its pillars and conditions and through the non-existence of impediments. Definition of the valid contract: A valid contract is that which does not contradict the Shari`ah through lacking a pillar or a condition or through the existence of impediments and thus entails Shar`i (Islamically lawful) consequences, such as the lawfulness of a man having intercourse with his wife due to the validity of the marriage contract. The invalid contract is classified as: Corrupt contract: it is missing a condition and contains impediments. It entails Shar`i consequences, such as concluding a marriage without witnesses, and it is then a corrupt contract that necessitates observation 1

7 of `Iddah (a woman's prescribed waiting period after divorce or widowhood) following separation and establishment of parentage after the consummation of the marriage. Void contract: It involves a defect in the nature of the pillars of the contract, the contracting parties and the contracted object, and it does not entail any Shar`i consequences. According to the majority of Muslim scholars, a corrupt contract is synonymous with a void one, except in the case of marriage contracts. They claim that a corrupt marriage contract is one to which there are no witnesses or Waliy (a legally accountable person acting for a woman seeking marriage), while a void marriage contract is that in which a man marries his sister or mother. Hanafis, however, hold that a void contract is synonymous with a corrupt one, regardless of the type of contract. Definition of Ada' (timely performance): This is the performance of an obligation within the legally fixed time. Definition of Qada' (delayed performance): This is the performance of an obligation outside the legally fixed time. Definition of I`adah: This is a repeat of the performance of an obligation within the legally fixed time due to the occurrence of a defect in the first performance. Definition of Halal: Halal comprises everything that is not stated to be prohibited in the Shari`ah. The general ruling on all things is permissibility unless the Shari`ah declares it impermissible. Accountability rulings: According to the majority of Muslim scholars, the accountability rulings are divided into five types: Obligatory desirable permissible reprehensible prohibited. 1. The obligatory: It is that which the Shari`ah obligates the Mukallaf (a person meeting the conditions to be held legally accountable for his/her actions) to do through a conclusive injunction; the one who does it is rewarded, the one who neglects it is punished, and the one who denies it is declared a disbeliever. 2

8 The following are forms of the obligatory duties: An obligation that is included within another one, such as Ruku` (bowing) in prayer. An obligation that is not included in other obligations, such as `Asr Prayer and fasting Ramadan. The Fard is divided into: Fard `Ayn (individual obligation): An obligation that every Mukallaf is required to perform, such as the five daily prayers. Fard Kifayah (collective obligation): An obligation which, when performed by some, is dropped for the rest of the community, such as the funeral prayer. In this regard, Abu Hanifah viewed that Fard is different from Wajib, as he states that: Fard is an obligatory command in the case of its supporting evidence being speculative, such as Witr prayer, knowing that neglecting a Wajib act during pilgrimage such as spending the night in Mina after standing on `Arafat is made up for by slaughtering a sacrifice. Here, Hanafis differentiate between Fard and Wajib in pilgrimage as follows: According to them, Fard is an obligatory command demanded by the Shari`ah based on a definitive text, that slaughtering a sacrifice does not make up for, such as Tawaf-ul-Ifadah (final obligatory circumambulation around the Ka`bah in Hajj). Wajib also according to Hanafis is an obligatory command demanded by the Shari`ah based on a speculative text such as Hadith-ul-Ahad [a hadith which, at some point in the chain of narrators, has only a single narrator] and the two `Eid Prayers that it is acceptable to make up for by slaughtering a sacrifice, such as spending the night in Mina. In addition, Fard becomes an obligation in the case of it being based on definitive evidence, such as prayer, zakah, and pilgrimage. Regarding pilgrimage, for example, neglect of a related obligation invalidates it, such as (neglect of) Tawaf-ul-Ifadah. 2. The desirable: It is a command given by the Shari`ah, not by way of obligation to perform the command, such as the Witr prayer. 3. The permissible: It is a command given by the Shari`ah by way of choice, such as permissible food and drink. The general ruling regarding all things is permissibility unless a 3

9 prohibition is reported. There is no reward or punishment for doing or abandoning the permissible, unless abandoning it entails destruction. For in such a case, it is forbidden to abandon it if it is a means of preserving the self (life), such as eating food as a means of saving life. 4. The reprehensible: It is any action that the Shari`ah has instructed to refrain from, not by way of inevitability or obligation. He who abandons it is rewarded, while the one who does it is not punished. According to Abu Hanifah, the reprehensible is divided into the following: Karahah Tahrimiyyah (highly reprehensible act): Any act that the Shari`ah has ordered to refrain from by way of inevitability and obligation based on speculative evidence. The one who complies with the command is rewarded, while the one who neglects it is punished, such as overbidding against another (in a sale transaction), making proposals of marriage upon the proposal already made by another Muslim, or concluding sale transactions during the time of the Jumu`ah (Friday) prayer. Karahah Tanzihiyyah (slightly reprehensible act): Any act that the Shari`ah has commanded refraining from, not by way of inevitability and obligation. The one who avoids such an act is rewarded, while the one who commits it is to blame, such as eating onion and garlic before heading for the mosque. 5. The prohibited: Any act that the Shari`ah decisively demands refraining from by way of obligation, knowing that the one who commits it is punished, while the one who avoids it is rewarded. The stressed Sunnah: It is that which the Prophet (peace be upon him) regularly observed, such as commendable prayers, hence it is a stressed Sunnah. The unstressed Sunnah: It is the commendable acts that were not observed regularly by the Prophet (peace be upon him), such as the supererogatory prayer performed before the `Asr (Afternoon) prayer. Nafilah (supererogatory): It is what the Shari`ah has asked the Mukallaf to do not by way of obligation. The following are examples of Nawafil (sing. Nafilah): Nafilah: that which is included in another action, such as commendable acts following the example of the Prophet as relating to Wudu'. 4

10 Nafilah: that which is not included in another action, such as Duha (forenoon) prayer. Nafilah Ratibah: namely, supererogatory prayer that is subordinate to an obligatory daily prayer and performed on a regular basis. Nafilah: that which is not Ratibah, namely, supererogatory prayers that are not subordinate to the obligatory daily prayers, such as (voluntary) Night prayer, Duha prayer and Tarawih prayer. Taharah (Ritual purification) Taharah means removal of both Hadath (ritual impurity) and Khabath (physical impurity). Hadath: It is a legal description that applies to body organs, the removal of which is abstract (intangible).the following are types of Hadath: Minor Hadath: It is caused by anything that comes out from the front or the rear private parts (for example, gas, urination or defecation), and it renders Wudu' obligatory. Major Hadath, such as Janabah (major ritual impurity related to sexual discharge), menstruation, and Nifas (postpartum period), and it renders Ghusl (ritual bath following major ritual impurity) obligatory. Khabath: It is a legally impure substance that afflicts the body, the dress one wears during prayer, or the place where one performs prayer. Tahur (purifying) water: It means water that is pure in itself and purifies other substances. Tahir (ritually pure) water: It refers to water that is pure in itself but that does not purify other substances. Istinja': It means cleansing the private parts with water after urination or defecation. Istijmar: It means cleansing the private parts with a stone or the like after urination or defecation in case there is no water. Istibra': It means removal of impurity after urination. 5

11 The way to perform Istibra': For women: A woman performs Istibra' through cleansing her genital organ with the left hand after urination until she is sure that it is completely purified. For men: Istibra' is intended to make the man quite sure that no urine that is feared to trickle later is left in the urethra, and it is done through a gentle squeezing of the male organ. It is desirable to splash water on the pants after Istinja' to remove any doubt that urine may have oozed onto the pants. Enuresis: It means the uncontrolled or involuntary discharge (from the body), such as passing gas, urination, or defecation, Madhy (thin white viscid fluid secreted due to sexual thoughts or desire), Istihadah (abnormal vaginal bleeding outside the menstrual or postpartum period), pus, eye mucous, breast or wound discharge. 6

12 Water Q: What are the types of water? Muslim jurists divide water into three types: Tahur (purifying), Tahir (ritually pure), and Najis (ritually impure). 1. Unmixed water: It refers to water in a natural state that is free from any change in color, taste, or smell. It includes the water from the heavens (rain), or from underground (springs, rivers, seas, oceans, etc.), both fresh and salty. This water is pure in itself and can be used to purify other things. 2. Water that is mixed with something ritually pure that does not change its color, taste, or smell is Tahur. 3. Used water that has undergone no change in its characteristic features is Tahur. 4. Water that is mixed with inseparable substances like dust, salt, or sand, in spite of a change in its taste or color, is Tahur. 5. Water that is mixed with Najasah (ritual impurity) that is small in amount, like seawater, is Tahur. 6. The type of water that is mixed with pure elements, like soap and musk, that changes its color and smell, is Tahir (ritually pure), but not Tahur. 7. Water that is mixed with a considerable amount of Najasah (ritual impurity) is neither ritually pure in itself nor can it be used in purifying anything else. Q: What is the ruling on water mixed with ritual impurity that does not change its characteristic features? Muslim jurists unanimously agree that water that is mixed with ritual impurity that changes any of its characteristic features is considered Najis (ritually impure), regardless of the quantity of this water. Nevertheless, they have differed about water mixed with ritual impurity with no change in any of its characteristic features: According to Hanbalis, some Shafi`is, and one of the opinions attributed to Malik, this kind of water is ritually pure regardless of its quantity, since it remains unchanged. 7

13 Hanafis and narrations reported from Malikis, Shafi`is, and Hanbalis hold that it all depends on the quantity of water. If it is a small amount of water, it becomes ritually impure even if its characteristic features do not change. If it is a large amount, then it does not become ritually impure. Q: How could water be estimated as a small or large amount? Opinions of the schools of jurisprudence differ concerning this point: Hanafis hold that a small amount of water is that which any of each part could move if the other part is shaken. Malikis hold that a small amount of water is that which could be easily changed in color, taste, or smell, yet if its characteristic features are not changed, then it is considered a large amount of water. Shafi`is and Hanbalis hold that if water reaches two ollas, it is a large amount. If it is less than two ollas, it is a small amount. An olla equals liters of water. Q: How can impure water be purified? Opinions of schools of jurisprudence differ in this regard: Malikis see that impure water is purified by pouring pure water heavily over it until the impurity is removed. Shafi`is and Hanbalis, on the other hand, hold that there is a difference as to whether the amount of water is two ollas, or less than two ollas. If it is less than two ollas, it is purified by increasing it with more additional pure water this is the opinion of Hanablis or leaving or using it until change is removed, because once Najasah ends, it becomes pure. Q: What is the ruling on used water? Used water has several definitions and rulings that can be classified as follows: Water used for removing major and minor ritual impurity with its characteristic features unchanged has the following rulings: 8

14 Hanafis hold that used water can be used in cleansing physical impurity. So it is permitted to remove physical Najasah using used water in order to remove ritual impurity, but it is reprehensible to use this same water for removing ritual impurity in another person. Hanbalis, in a narration, hold that used water is ritually pure but it removes neither ritual impurity nor physical impurity. In another narration of Hanbalis, they hold that used water is both ritually pure and purifying. Q: What is the ruling on water mixed with something pure? Muslim jurists agree that water mixed with some pure elements (like moss or leaves of trees) and whose characteristic features are not changed is both ritually pure and purifying. However, they differ as regards water, which is mixed with some pure elements like soap and saffron as follows: Hanafis and Hanbalis hold that it is both ritually pure and purifying. Malikis and Shafi`is, on the other hand, see that it is pure but not purifying; i.e. it cannot not be used in acts of worship like Wudu' and Ghusl, but can be used for any other purpose. Q: What is the ruling on a man getting purified using the remaining water of a woman? According to the majority of Muslim jurists, it is permissible for men to use the remaining water of women, depending on the hadith narrated on the authority of Ibn `Abbas, which reads, "One of the wives of the Prophet (peace be upon him) took a bath from a large bowl. The Prophet (peace be upon him) wanted to perform Wudu' or take from the water left over. She said to him: 'O Prophet of Allah, verily I was in a state of major ritual impurity. The Prophet said, 'Water is not defiled.'" 1 Hanablis hold that the remaining water of the woman's ritual purification cannot be used to remove the ritual impurity of a man, referring to the hadith of Al-Hakam ibn `Amr that: "The Prophet (peace be upon him) forbade the male to perform Wudu' with the water left over by the female." 1 Reported by Abu Dawud and At-Tirmidhi. 9

15 Q: What is the ruling on using the water of Zamzam for purification? Hanafis, Shafi`is, and Hanbalis in a narration hold that it is permissible to use the water of Zamzam for the removal of ritual impurity, but it is reprehensible to use it for the removal of impurities due to its honor and reverence. This is the most preponderant opinion. Malikis, on the other hand, see that it is permissible to use the water of Zamzam for the removal of ritual impurities and other kinds of impurities without any sort of reprehensibility. Hanbalis in another narration hold that it is absolutely reprehensible to use the water of Zamzam for the removal of ritual impurities and other kinds of impurities, depending on the saying of Al-`Abbas (may Allah be pleased with him): "I think it is not allowed to use the water of Zamzam for a person who takes a ritual bath following Ghusl in the mosque, while it should more likely be used for drinking and Wudu'. 1 Q: What are the types of impurity (Najasah)? The four jurists (Malik, Shafi`i, Ibn Hanbal, and Abu Hanifah) agree that impurity are divided into the following: 1. Excrement and urine. The Messenger of Allah (peace be upon him) said, "keep away from being soiled with urine since the most torment of grave results from it." 2 2. Madhy (pre-seminal fluid) and Wadiy (post-urinal fluid). Madhy is a thin white fluid secreted due to sexual thoughts or desire. It renders cleansing the private parts with water (Istnija'), along with Wudu', obligatory. Wadiy is a thick white secretion discharged after urination. It renders cleansing the private parts with water (Istnija'), along with Wudu', obligatory. 3. Menstrual blood. 4. The dung of animals whose meat is not legally edible. 5. Saliva of the dog. 6. Pork. 1 Reported by Al-Azraqi. 2 Reported by Al-Bukhari 10

16 7. Carrion or unslaughtered Maytah (dead animals) except of fish and locusts. 8. Blood, except that of the liver and spleen, or animals that do not have running blood, like ants and bees. 9. Any parts cut off from living animals. 10. The remaining water after the drinking of wild animals and those animals whose meat is impermissible to eat, except cats. 11. The meat of animals that it is impermissible to eat. Disputable types of impurity: Sperm/vaginal secretions that are released on orgasm (Maniy), whether in wakefulness or during sleep. It renders Ghusl obligatory. Hanafis, Malikis, and one of the opinions attributed to Ahmad ibn Hanbal, hold that it is ritually impure (Najis). Shafi`is and the most reliable narration attributed to Ahmad hold that it is not ritually impure (Najis). Q: What is the ruling on the impurity (Najasah) of dogs? What is the ruling on touching a dog after performing Wudu'? Muslim jurists differ regarding the impurity of the dog: Sha`if'is and Hanbalis hold that dogs have Najasah `Ayniyyah (ritual impurity with discernable characteristics), depending on the saying of the Prophet (peace be upon him): "If a dog licks a utensil, it is essential to wash it seven times, and rub it with earth the first time." In another narration, "Rub it with earth once of the seven." 1 Hanafis, on the other hand, hold that dogs do not have Najasah `Ayniyyah, but Najasah is attached to the remaining drinking water of the dog, in its urine, and in its dung, since the hadith relevant to the drinking water of the dog does not mean its discernable characteristics, but it is related to the remaining water after its drinking, saliva, and urine. Q: Does the previous ruling include hunting dogs? The hunting dog is not included in this ruling, since it is one of those kinds that the Shari`ah excused. The Prophet (peace be upon him) mentioned the 1 Reported by Al-Bukhari and Muslim. 11

17 licking of the dog but he did not mention its biting or holding with its mouth, which are the essential skills the hunting dog is trained to carry out. Q: What is the ruling on the impurity of cats, and the drinking water remaining after it has drunk? What is the ruling on eating its meat? Cats are ritually pure, and touching them does not invalidate Wudu'. Their saliva is generated through their flesh, which is ritually pure. It is not permissible to eat cats even if their flesh is ritually pure because cats are of the fanged beasts of prey, and "Allah's Messenger (peace be upon him) prohibited eating of all the fanged beasts of prey, and of all the birds having talons." 1 He also said, "The eating of all fanged beasts of prey is unlawful." Q: Is the pig analogous to the dog in the abovementioned rulings? Hanafis, Shafi`is, and Hanbalis hold that pigs do have ritual impurity with discernable characteristics (Najasah `Ayniyyah), which includes its bristle, sweat, saliva, meat, and all parts of their bodies. This is the most preponderant opinion. Malikis hold that pigs are pure during their life but they are impure after death. As for the removal of the impurity resulting from pigs, there is no need for washing them seven times because the Prophet (peace be upon him) did not attach them to the ruling on dogs. So, impurity resulting from pigs should be washed only once. Q: What is the ruling on the impurity of insects, which do not have running blood, if wounded or killed? The majority of Muslim scholars are of the opinion that if insects, which do not have running blood, like flies, mosquitoes, cockroaches, and beetles, fell into a small amount of water or any liquid like vinegar or orange juice leading to their death, they would not defile that liquid. They supported this opinion by the hadith of the Prophet (peace be upon him) that reads, "If a house fly falls in 1 Reported by Muslim. 12

18 the drink of anyone of you, he should dip it (in the drink), for one of its wings has a disease and the other has the cure for the disease." 1 Q: What is the ruling on the carrions of animals? Is it permissible to make use of some parts of it like bones, feathers, horns, hoofs, skin, or fur? The carrion of animals is ritually impure. The detailed accounts of Muslim jurists in the issue run as follows: Hanafis hold that the fur, bones, nerves, hoofs, horns, and feathers of the carrions of animals are pure. Malikis see that carrions of animals are completely impure except for the fur and feathers. Hanbalis and Shafi`is hold that they are totally impure, but wool, fur and what is taken after slaughtering or during its life, is pure. Q: What is the ruling on eating the flesh of the donkey? It is not permissible to eat the meat of the ritually forbidden animals, even if the animal is legally slaughtered, according to the hadith narrated by Salamah ibn Al-Akwa`, "In the evening of the day of the conquest of Khaibar, the Muslims made huge fires. The Prophet (peace be upon him) said, 'What are these fires? For what cooking are you making the fire?' The people replied, '(For cooking) meat.' He asked, 'What kind of meat?' They said, 'The meat of donkeys.' The Prophet said, 'Throw away the meat and break the pots!' Some man said, 'O Allah's Prophet! Shall we throw away the meat and wash the pots instead?' He said, '(Yes, you can do) that too.'" 2 It manifested the prohibition of eating domestic donkeys. Q: What is the ruling on purifying the skin of dead animals by tanning? Hanbalis hold that the skin of ritually impure dead animals cannot be purified by tanning. Shafi`is, Hanafis, and a narration of Hanbalis hold that the skin of dead animals can be purified by tanning, except the skins of dogs and pigs 1 Reported by Al-Bukhari. 2 Reported by Al-Bukhari and Muslim. 13

19 because they are impure in essence. They depend on the hadith of the Prophet (peace be upon him) that reads, "When a skin is tanned, it is pure." 1 Q: What is the ruling on the milk of dead animals? Hanafis hold that the milk of dead animals is pure. Malikis, Shafi`is, and one of two opinions attributed to Ahmad, hold that the milk of dead animals is impure. Q: What is the ruling on the impurity of blood? Allah (Exalted be He) says, Say (O Muhammad): 'I find not in that which has been revealed to me anything forbidden to be eaten by one who wishes to eat it, unless it be Maytah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of swine (pork); for that surely is impure.' 2 This proves the impurity of blood. Examples of impure blood are: blood that comes out of the private parts this is indisputably impure; the blood of a legally slaughtered animal the small amount of blood that remains inside the animal after being slaughtered is excusable. Examples of pure blood are: the blood of fish and the blood of insects, which do not have running blood like mosquitoes, bugs, and flies. Q: What is the ruling on the blood of humans, their urine and excrement? The Four Muslim jurists (Shafi`i, Malik, Ibn Hanbal, and Abu Hanifah) agree that human blood is impure except in small amounts. Yet, they exempted the blood of the martyr, considering it pure as long as the blood stains are still on his clothes. They rely on the hadith of the Prophet (peace be upon him) on the martyrs of Uhud "Bury them (i.e. martyrs) with their blood. A wound which a Muslim receives in Allah's cause will appear on the Day of Resurrection as it was at the time of infliction; blood will be flowing from the wound and its color will be that of the blood but will smell like musk." 3 1 Reported by Ahmad ibn Hanbal and An-Nasa'i. 2 Sura Al-An`am: Reported by An-Nasa'i. 14

20 Some jurists hold that the blood of humans is pure except menstrual blood, postpartum blood, and abnormal vaginal bleeding outside the menstrual or postpartum period, because things are primarily pure. However, jurists unanimously agree that human urine and excrement are impure. Q: What is the ruling on the urine and stools of animals whose meat is permissible or impermissible to be eaten? Muslim jurists agree on the impurity of the urine and excrement of animals whose meat is impermissible to eat, but they differ regarding animals whose meat is permissible to eat. Their opinions run as follows: Malikis and Hanbalis hold that they are pure during the lifetime of the animal or after its legal slaughter. Shafi`is hold that urine and excrement of animals that are not legally edible is impure. Q: What is the ruling on the purity and impurity of humans? Muslim jurists agree on the purity of humans during their lifetime, whether they are Muslims or non-muslims, but they differ regarding the impurity of humans after death: According to the majority of Muslim jurists, humans are pure; this is the most preponderant opinion. Hanafis see that dead humans are impure until their dead bodies are washed if they were Muslims as a sort of honoring them. If they were non-muslims, washing would not render them pure. Q: What is the ruling on vomiting? Shafi`is and Hanbalis hold that vomiting is impure. Hanafis and Malikis, on the other hand, see that vomiting is pure if it fills the whole mouth and its color is changed. It is impure if it becomes sour. 15

21 Q: What is the ruling on the wetness of women's vulva? Malikis and Hanbalis hold that it is impure. Shafi`is see that it is pure. Q: Does the wetness of women's vulva invalidate Wudu'? Ibn Hazm holds that it does not invalidate Wudu' since is like any other vaginal secretion. We give preponderance to this opinion, since it is difficult to remove these on-going secretions especially when outside the home. The majority of Muslim scholars, however, hold that these secretions invalidate Wudu'. Q: What is the ruling on sperm/vaginal secretions that are released on orgasm (Maniy), thin white fluid secreted due to sexual thoughts or desire (Madhy), and thick white secretion discharged after urination (Wadiy)? Hanafis and Malikis hold that Maniy is ritually impure. Shafi`is and Hanbalis, on the other hand, see that Maniy is pure, and this is the preponderant opinion. They rely on the hadith narrated by `A'ishah (may Allah be pleased with her) that she used to scrub dry semen from the garment of the Prophet (peace be upon him) and wash it when it was wet. 1 All Muslim jurists unanimously agree that both Madhy and Wadiy are impure. The Prophet (peace be upon him) ordered `Ali (may Allah be pleased with him) to wash his penis and perform Wudu' when he got Madhy. He narrated: "I used to get emotional urethral discharges frequently and felt shy to ask Allah's Prophet about it. So I requested Al- Miqdad ibn Al-Aswad to ask (the Prophet) about it. Al-Miqdad asked him and he replied, 'Wash your penis and then perform Wudu'.'" 2 1 Reported by Al-Bukhari and Muslim. 2 Reported by Al-Bukhari. 16

22 Q: What are the etiquettes of relieving one's self? Avoid carrying something that has the Name of Allah written on it, the Glorious Qur'an, or verses from it unless one is afraid of stealing. One should enter the bathroom with the left leg and exit with the right one unlike the house and the mosque. One should mention the name of Allah at entering by saying "Bismillah Allahumma 'inni 'Adhu bika min al-khubthi wal Kaba'ith. (In the name of Allah! O Allah I seek Your protection against male and female devils)". And when leaving one should say "Ghufranak. Al-hamdu lillah alldhi 'adh-haba `anni al-adha wa `afani. (I ask Your Pardon, Thanks be to Allah Who relieved me from harm and kept me safe and sane)." 1 One should not talk or stay for longer than necessary. It is Mustahab (desirable) for both men and women to urinate in a sitting position to protect themselves from the impure spray of sprinkled urine. One should avoid urinating into a hole in the ground, pits, stagnant water, under fruitful trees, and places where people walk and meet, The Messenger of Allah (peace be upon him) said, "Be on your guard against two things which provoke cursing." They (the companions present there) said, 'Messenger of Allah, what are those things which provoke cursing?' He said, 'Easing on the thoroughfares or under the shades (where people take shelter and rest).'" 2 One should neither face nor turn his back to the Qiblah (direction faced in prayer towards the Ka`bah) while easing nature, but it is permissible to turn eastward or westward if you are in the desert or any open area. It is not disliked in buildings as in one's house. If one sneezes while in the bathroom, he should thank Allah secretly in his heart. One should screen oneself from others while relieving. Q: Is it permissible for men to urinate while standing up? According to the Sunnah of the Prophet, it is desirable for men to urinate while sitting down, but it is permissible to urinate standing, according to what 1 Reported by An-Nasa'i. 2 Reported by Muslim. 17

23 Hudhayfah narrated: "Allah's Prophet (peace be upon him) went to the dumps of some people and urinated while standing." 1 Hanafis and Shafi`is hold that it is reprehensible if done unnecessarily. Hanbalis and Malikis hold that it is permissible to urinate while standing if two conditions are fulfilled; guaranteeing that no impurities will touch one's clothes and hiding his private parts from people. 1 Da`if (weak) Hadith. 18

24 Taharah Q: What does the word "Taharah" mean? Lexically, it means cleanliness and getting rid of physical impurities. Technically, it means removing impediments of prayer like Hadath (ritual impurity) and Khabath (physical impurity) by water and the like or by dust. Q: What is the legal ruling on Purification (Taharah)? Purification (Taharah) is obligatory when it is possible. Q: What are the types of Taharah? Purification without discernable characteristics (Taharah Hukmiyyah), which refers to purification from Hadath (ritual impurity). Hadath is divided into two types; Minor and Major. Major ritual impurity refers to Janabah (major ritual impurity related to sexual discharge), menstruation, and Nifas (postpartum period); Minor ritual impurity refers to the ritual impurity of urination, defecation, breaking wind, Madhy, and Wadiy. Real purification (Taharah Haqiqiyyah), which refers to purification from Khabath (physical impurity) in body, dress, and place. Istinja', Istibra', and Istijmar Q: What is Istinja' and how can it be performed? Istinja' means removing impurities from the private parts with water. The way to perform Istinja': It is desirable that it be performed using the left hand. The number of cleansing times is left to the discretion of the washer and should continue until one is sure that the source of impurity has become pure, but it should not be less than three times. 19

25 Q: Does breaking wind require Istinja' before Wudu'? According to the consensus of Muslim scholars, breaking wind does not render Istinja' obligatory. In this case, only Wudu' need be performed. Q: What is Istijmar and how can it be performed? Istijmar means cleansing the private parts with a hard material like stones, paper, or the like. The way to perform Istijmar: Women should start from front to back lest they contaminate themselves and catch diseases. For the same reason, they should adopt the same manner when performing Istinja'. Istijmar should be performed at least three times, or any odd number of times. Abu Hurayrah narrated that the Prophet (peace be upon him) said, "Whoever cleans his private parts with stones should do it with an odd number of stones." 1 It is reprehensible to perform Istijmar using bones or dung because they are said to be the food of Jinn. 2 Q: What are Sunan-ul-Fitrah (Islamic practices of personal hygiene)? Sunan-ul-Fitrah are certain good actions, and those who perform them are considered to be acting according to the natural disposition with which Allah has created people. These practices, as mentioned in the following hadith narrated by Abu Hurayrah, are: The Prophet (peace be upon him) said, "Five practices are characteristics of the Fitra: circumcision, shaving the pubic hair, cutting the moustach short, clipping the nails, and depilating the hair of the armpits." 3 Khitan (Circumcision) It means to cut. It refers to cutting off the prepuce of the penis for males and the prepuce of the clitoris for females. The ruling on circumcision of males: 1 Reported by Al-Bukhari and Muslim. 2 Reported by Muslim and Ahmad ibn Hanbal. 3 Reported by Al-Bukhari and Muslim. 20

26 Hanafis, Malikis, and an opinion reported from Ahmad, and a strange opinion reported from Shafi`is hold that circumcision is Sunnah for males and not obligatory. Among the health benefits of circumcision are that it prevents the existence of noxious odors and impurities and lessens the possibility of inflammation and catching syphilis. It also decreases the risks of genital cancer and AIDS, and helps men to prolong the period of sexual intercourse due to the loss of a great deal of sensitivity from the nerve cells in this part of the penis because of the circumcision. 1 The ruling on circumcision of females: Malikis hold that it is Mandub (commendable). Hanafis and one opinion reported from Hanbalis hold that it is a noble deed but not Sunnah. Shafi`is and Hanbalis hold that it is obligatory. Professor Yusuf Al-Qaradawy is of the opinion that those who see circumcision as obligatory or Sunnah for women did not quote a single authentic hadith. Moreover, the hadith of Um `Atiyyah, who narrated that "A woman used to perform circumcision in Medina. The Prophet (peace be upon him) said to her: 'Do not cut severely, for this is better for a woman and more desirable for a husband.'" 2 Abu Dawud said that one of the narrators of this hadith (namely Muhammad ibn Hassan) is unknown. It is clear that circumcision is Mubah (permissible). It still needs study and investigation in some cases, taking into account that cutting, if doctors allow, should be moderate. Istihdad (shaving the pubic hair) It is unanimously a stressed Sunnah. People have to shave their own pubic hair. It is prohibited to have someone to do it for you, as is the custom in some countries before a wedding. The maximum period after which shaving the pubic hair is obligatory is forty days. It is permissible to depilate hair or remove it by any other method instead of shaving. 1 Al-Fanjary, Ahmad Shawqy, Islam wa al-hayat Al-Injinsiah, pp, Da`if (weak) Hadith; it was reported by Abu Dawud. 21

27 Cutting the moustache short It has been stated in some hadiths, "Cut the moustaches short." Muslim scholars agree that cutting the moustache short is Sunnah. The rule governing cutting the moustache short, as An-Nawawy and Malik remark, is to cut it until the margin of the lip appears. Hanafis hold that shaving the moustache off completely is more desirable than cutting it short. Clipping the nails The purpose of clipping the nails is to elevate and distinguish humans from clawed beasts. It also prevents the accumulation of impurities under the fingernails, which cause diseases. It is desirable to begin with the right hand and foot. Its time: this is done according to the individual's need. There are two Bid`ahs (introducing something new contrary to the teachings of the religion) related to fingernails done by some women who are not practicing Muslims, namely manicures and nail extensions. Manicures prevent water from reaching the fingers and, hence, invalidate Wudu'. There is nothing wrong with manicures if they are done at home, applied after Wudu', and removed upon the invalidation of it. 22

28 Wudu' Q: What are the agreed-upon obligatory acts of Wudu (ablution)? There are four agreed upon obligatory acts of Wudu as mentioned in the following verse: Allah (Exalted be He) says, O you who believe! When you intend to offer the Salah, wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles. 1 First: Washing the face, i.e. washing the whole face from the hairline on the forehead to under the chin. As for washing the long hair of the beard, which falls outside the facial circle mentioned above, its ruling runs as follows: Shafi`is hold that it should be washed. Hanafis and Malikis hold that it is not obligatory to wash it. Hanbalis add that the mouth and the nose are parts of the face that is why rinsing the mouth and sniffing water and blowing it out are obligatory acts of Wudu. Second: Washing the forearms to the elbow. The elbow is the joint between the upper and lower arm. Washing the wrinkles of fingertips and under long fingernails is obligatory. All Muslim jurists, except for Hanafis, hold that washing the impurities under the fingernails is obligatory. Malikis hold that running water through the fingers of both hands is obligatory. The majority of Muslim scholars hold that moving the ring a little is obligatory while performing Wudu ; on the other hand, Malikis hold that it is considered Sunnah. Third: Passing wet hands over the head (only once). Shafi`is hold that passing wet hands over a small part of the head, even one hair, is obligatory. Hanafis hold that one-fourth of the head must be wiped with a wet hand. Malikis and Hanbalis hold that wiping the whole head from front to rear and then back again is obligatory. `Abdullah ibn Zayd narrated that "the Prophet (peace be upon him) passed his wet hands over his head from 1 Sura Al-Ma'idah: 6 23

29 its front to its back and vice versa (beginning at the front and taking them to the back of his head up to the nape of the neck and then to the front again from where he had started)." 1 Hanbalis differentiate between the wiping of men and that of women; the difference is that wiping the full head is obligatory for men, for they can wipe the whole head, while women are rewarded by partial wiping (the front part of the head) because `A'ishah (may Allah be pleased with her) used to wipe the front part of her head in performing Wudu. Hanbalis also hold that wiping the exterior and interior of the ears is obligatory because they are parts of the head. The Prophet (peace be upon him) was reported as saying, "Ears are part of the head." 2 Hanbalis hold that ears are part of the head; they are to be wiped with the same water passing over the head. Fourth: Washing feet up to the ankles. Ankles are the two protruding bones at both sides of the joint of the foot. The majority of Muslim scholars hold that washing feet up to the ankles is obligatory, relying on the saying of the Prophet (peace be upon him) "Save your heels from the fire." 3 Moreover, there is a Qur'anic verse emphasizes this opinion, as Allah (Exalted be He) says, Wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles 4 In such Ever-Glorious Verse, the word feet is in the accusative case, i.e. it is the object of the verb wash. Q: What are the disputable obligatory acts of Wudu? Disputable obligatory acts of Wudu are intention, following the prescribed sequence, close sequence, and rubbing. First: Intention It is obligatory, according to the majority of Muslim scholars, but it is Sunnah in the opinion of Hanafis. It should be done secretly. It is done to determine that the person's purpose in performing Wudu will allow him to do something impermissible without it. 1 Reported by Al-Bukhari and Muslim. 2 Reported by At-Tirmidhi 3 Reported by Al-Bukhari 4 Sura Al-Ma'idah: 6. 24

30 If a person performs Wudu and intends to do acts for which Wudu is only desirable, but not obligatory, like reading the Qur'an, Dhikr (Remembrance of Allah), Adhan (call to prayer), sleeping, sitting in the mosque, teaching or learning something, or visiting a religious scholar, his physical impurity is removed and he can pray whatever he chooses, according to the opinion of Hanbalis. Time of intention: Hanafis hold that it should be done before Istinja'. Shafi`is, on the other hand, hold that it should be done when washing the first part of the face. Second: Following the prescribed sequence as mentioned in the Qur'an or Sunnah of the Prophet (peace be upon him): Shafi`is and Hanbalis hold that following the prescribed sequence is obligatory, relying on the Prophet's (peace be upon him) saying, "Begin your Wudu according to the order shown in the Qur'an." 1 Hanafis and Malikis hold that following the prescribed sequence is a stressed Sunnah. Is it excusable not to follow the prescribed sequence of Wudu due to forgetfulness or ignorance? The person who forgets is not excused if he subsequently remembers; so if he finishes Wudu and remembers that he did not follow the prescribed sequence, then he is obliged to perform Wudu again. Yet, if he is still oblivious to what he did, he is excused. Persons who are ignorant of the ruling on following the prescribed sequence of Wudu are excused. Third: Close sequence It means to continue washing one part of the body after another before the previous part has dried. Malikis and Hanbalis hold that it is obligatory. Hanafis and Shafi`is hold that it is Sunnah. Fourth: Soft rubbing It is done by moving the palm of one's hand over the part of the body being washed and rubbing it. The majority of Muslim scholars hold that rubbing is Sunnah. 1 Reported by An-Nasa'i. 25

31 Malikis hold that rubbing is obligatory, according to the hadith of `Abdullah ibn Yazid ibn `Asim: "The Prophet (peace be upon him) performed Wudu and started to explain how to perform Wudu with rubbing." 1 Q: What are the conditions that make performing Wudu an obligation? Being a Muslim. Adulthood. Sanity. Capability of using enough Tahur (purifying) water. Being in a state of minor impurity. Q: What are the conditions of a valid Wudu? Washing all prescribed parts of the body well with purifying water. Removing anything that could block water from passing to the skin, such as wax, grease, ointment, and nail polish. However, oils and the like do not block water from passing to the skin of the body. Getting rid of anything that could invalidate Wudu before starting it. The approach of the time of prayer for those who suffer chronic enuresis; they have to perform Wudu immediately before every prayer. Specifically: Wudu gets invalidated immediately after minor impurity or the existence of anything that could invalidate it in healthy people; yet people who suffer enuresis (or any problem of that kind) could have a minor impurity while still having valid Wudu. Q: What are the Sunan (commendable acts of worship following the example of the Prophet (peace be upon him) regarding Wudu? Intention is Sunnah according to Hanafis, but it is obligatory according to the majority of Muslim scholars. Facing the right direction of Qiblah if possible. 1 Reported by Ahmad ibn Hanbal and Abu Dawud. 26

32 Washing hands to the wrists thrice before putting them into the pot. Mentioning the name of Allah at the beginning of Wudu. Hanbalis hold that it is obligatory to do so; they quote the Prophet's (peace be upon him) saying that "The prayer of a person who does not perform Wudu is not valid, and the Wudu of a person who does not mention the name of Allah (in the beginning) is not valid." 1 On the other hand, the majority of Muslim scholars hold that mentioning the name of Allah is Sunnah. Moving the ring (while performing Wudu ) is Sunnah, according to Malikis. Madmadah (rinsing the mouth) and Istinshaq (inhaling and exhaling water nasally), are Sunnah according to the majority of Muslim scholars. Hanbalis, however, consider them obligatory. It is Sunnah to perform them unsparingly unless one is fasting. In Madmadah, the whole mouth should be rinsed, accompanied with moving water inside it and spitting it out. It is Sunnah to perform it thrice. The Prophet (peace be upon him) said, "When you perform Wudu, rinse your mouth." 2 Istinshaq means inhaling water nasally. Istinthar means exhaling water outside the nose by squeezing the nose using the thumb and forefinger of the left hand. Istinshaq is done by using the right hand, while Istinthar is done by the left one. Abu Hurayrah narrated that the Prophet (peace be upon him) said, "Whoever performs Wudu should clean his nose with water by putting the water in it and then blowing it out." 3 Using Siwak (teeth cleaning stick), the Prophet (peace be upon him) said, "If I had not found it hard for my followers or the people, I would have ordered them to clean their teeth with Siwak in every Wudu." 4 Running the fingers through the beard and running water through the fingers and toes. Anas narrated: "Whenever the Messenger of Allah (peace be upon him) performed Wudu, he took a handful of water, and, putting it under his chin, made it go through his beard, saying: 'Thus did my Lord command me'." 5 He (peace be upon him) also said, "When a person performs Wudu, he has to wash in between his/her fingers and toes." 6 Repeating each washing of the body parts that must be washed three times, but wiping (of the head) should be done only once. `Uthman ibn 1 Reported by Abu Dawud and Ibn Majah. 2 Reported by Abu Dawud and Al-Bayhaqi. 3 Reported by Al-Bukhari and Muslim. 4 Reported by Malik and Shafi`i. 5 Reported by Abu Dawud, Al-Bayhaqi, and Al-Hakim. 6 Reported by Ahmad ibn Hanbal and At-Tirmidhi. 27