Fiqh as Sunnah [Sayyid Sabiq]
Tr anslat ion of
Fiqh Us Sun n a h
Aut hor
Sa y y id Sa a b iq
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Par t 1 Par t 2 Par t 3 Par t 4 Par t 5» Fiqh U s Su nn a h Volum e 1 Fiqh 1 . 1 : Pur if ica t ion
The shari'ah has divided w at er int o four kinds:
1 m ut laq w at er, 2 used w at er ( f or purificat ion) , 3 wat er m ixed w it h pure elem ent s an d 4 wat er m ixed w it h im pure elem ent s. We sh all discuss each of t hem separat ely.
Fiqh 1 . 1 a : M ut la q w a t e r
This k ind of w at er is considered pure because of it s inherent purit y and as such , it can be used by an individual t o purify him or herself. I t consist s of t he follow ing cat egories:
Fiqh 1 . 1 b: Ra in w a t e r , sn ow , a nd h a il
These subst ances are pure becau se Allah say s so: " And sent down w at er from t he sky upon y ou, t hat t hereby He m ight purif y you.. . " ( al- Anfal 1) , and " We send down purifying wat er from t he sky " ( al- Furqan 48) . This is also su pport ed by t he f ollowing hadit h: Abu Hurairah report ed t hat t he Messenger of Allah, upon whom be peace, used t o be silent bet ween t he ( opening) t akbir of t he prayer and t he verbal Qur'anic recit at ion. Abu Hurairah asked him , " O Messenger of Allah, m ay m y fat her and m ot her be sacrif iced for y ou, w hy do you rem ain silent bet w een t he t akbir and t he recit al? What do you say ( silent ly during t hat t im e) ?" He said, " I say, 'O Allah, m ake a dist ance bet w een m e and m y sins sim ilar t o t he dist ance you have m ade bet ween t he East and t he West . O Allah, clean se m e of m y sins in t he m anner t hat a w h it e garm ent ( is cleansed) f rom dirt . O Allah , w ash m y sins from m e wit h sn ow , w at er, and hail. " ' This hadit h is relat ed by t he " group" , except f or at - Tirm izhi.
Fiqh 1 . 2 : Se a w a t er
Sea w at er's purit y is based on t he follow ing hadit h: Abu Hurairah relat ed t hat a m an asked t he Messenger of Allah, upon whom be peace, " O Messenger of Allah, we sail on t he ocean an d w e carry only a lit t le w at er. I f we use it for ablut ion, w e w ill hav e t o go t hirst y . May w e use sea w at er for ablut ion?" Said t he Messenger of Allah, upon w hom be peace, " I t s ( t he sea) w at er is pure and it s dead ( anim als) are law ful ( i. e. , t hey can be eat en wit hout any prescribed slaught ering) . " This hadit h is relat ed by " t he five. " At - Tirm izhi calls it hassan sah ih, and al- Bukhari says it is sahih.
Fiqh 1 . 2 a : W a t er f r om t he w e ll of Za m z a m
'Ali narrat ed t hat t he Messenger of Allah, upon whom be peace, called for a bucket t hat cont ained w at er from t he w ell of Zam zam . He dran k from t he bucket , t hen m ade ablut ion ( wit h it s w at er) . This hadit h is relat ed by Ahm ad.
Fiqh 1 . 2 b: Alt e r e d w a t e r
This inv olves w at er w h ose form has been alt ered because of it s being in a place for a long period of t im e, or becau se of t he place in w h ich it is locat ed, or becau se of it s being m ixed wit h a subst ance t hat cannot be com plet ely rem oved from it ( i. e. , w at er m ixed wit h algae, t ree leaves, and so on) . The
The rat ionale is sim ple: everyt hing t hat falls under t he general t erm of w at er, w it hout any furt her qualificat ions, is considered pure, for t he Qur'an says, " .. . and if you find not w at er, t hen go t o clean, high ground.. . " ( al- Ma'idah 6) .
Fiqh 1 . 2 c: U se d w a t e r
This cat egory ref ers t o w at er w hich drips from t he person aft er he perform s ablut ion or ghusl. I t is considered pure because it w as pure before it s use for ablut ion, and t here is no basis t o t hink t hat it has lost it s purit y. This st at em ent is su pport ed by t he hadit h of Rab'i bint Mu'w azh w h ich describes t he ablut ion of t he Messenger of Allah. She st at es, " He w iped his head w it h ( t he wat er) rem aining on his hands from his ablut ion. " This hadit h is relat ed by Ahm ad an d Abu Daw u d. Abu Daw u d's version is, " The Messenger of Allah , upon w h om be peace, w iped his head w it h t he ext ra wat er t hat w as in his hand." Abu Hurairah also report ed t hat t he Messenger of Allah m et him alone in t he st reet s of Madinah while he w as in post - sex im purit y. He t herefore slipped aw ay, m ade ghusl an d ret urned. The Messenger of Allah, upon whom be peace, ask ed him " Where have you been, Abu Hurairah?" He answered, " I w as in post - sex im purit y and did not w ant t o sit wit h y ou w h ile I was in t hat condit ion. " The Prophet replied, " Glory be t o Allah. The believer does not becom e im pure." This is relat ed by " t he group." This is based on t he rat ionale t hat since a believer never becom es im pure, t he w at er he uses for purificat ion also does not becom e im pure. Thus, a pure obj ect t ouching a pure obj ect cannot result in one's becom ing im pure. I bn al- Munzhir said t hat it is relat ed t hat ' Ali, I bn 'Um ar, Abu Um am ah, 'At a, al- Hassan , Mak hul and an Nakha'i said t hat if a person f orgot t o w ipe his head w hile m ak ing ablut ion, it is sufficient for him t o w ipe his head wit h any w at er rem aining in his beard. I bn al- Munzhir st at ed t hat t his proves t hat t hey t ook " used wat er" as pure. This opinion com es from one of t he narrat ions at t ribut ed t o Malik an d ash- Shaf 'i. I bn Hazm ascribes it t o Sufyan al- Thau ri, Abu Thau r, and all scholars of t he Zhahiri school of t hought .
Fiqh 1 . 3 : W a t e r m ix e d w it h pu r e e le m e n t s
This cat egory includes w at er t hat has been m ixed w it h subst ances lik e soap, saff ron, flow ers, an d so on, t hat is, obj ect s considered pure by t he shari'ah. Such wat er is considered pure as long as it has not been so m ixed wit h ot her su bst ances t hat one can no longer call it w at er. I f t his is t he case, t he w at er is st ill considered pure, but it can not be used for purificat ion. Um m 'At iyah narrat ed t hat t he Messenger of Allah, upon whom be peace, ent ered her house af t er t he deat h of his daught er Zainab and said, " Wash her t hree or f ive or m ore t im es- - if you see f it t o do so- - wit h w at er and dry t ree leaves. For t he final washing, use som e k afoor or som et hing from kafoor. When you are finished, inf orm m e." She did so, aft er which he gave t he wom en his out er garm ent and t old t hem t o w rap Zainab in it . This w as relat ed by " t he group." The deceased sh ould be w ashed w it h som et hing t hat m ay purify a live person. Ahm ad, an- Nasa'i and I bn Khuzaim ah record from Um m Hani t hat t he Messenager of Allah and Maim unah washed t hem selv es from one ( w at er) cont ainer t hat had a t race of dough in it . I n bot h of t hese hadit h, we find t hat t he wat er w as m ixed wit h an ot her subst an ce, but since t he ot her subst ance w as not subst an t ial enough t o alt er it s nat ure, it rem ained fit for consu m pt ion.
Fiqh 1 . 3 a : W a t er m ix e d w it h im pu r e e le m e nt s
We can divide t his cat egory int o t w o su b- cat egories:
1 The im pure su bst an ce alt ers t he t ast e, color or odor of t he w at er. I n t his case, it can not be used for
purificat ion. According t o I bn al- Munzhir an d I bn al- Mulaqqin, t here is a consensus on t his point .
2 The liquid is st ill consider ed w at er, m ean ing t hat t he im pure subst ance has not alt ered it s t ast e, color
or odor. Such w at er is considered pure and m ay be used for purificat ion. This is based upon t he following hadit h: Abu Hurairah report ed t hat a bedouin urinat ed in t he m osque. The people st ood t o get him ( and st op him ) . The Prophet said, " Leave him and pour a bucket of wat er or a cont ainer of w at er over his urine. You have been raised t o be easy on t he people, not t o be hard on t hem ." This hadit h is narrat ed by " t he group, " except for Muslim . Abu Sa'eed al- Khudri asked t he Prophet , " Can w e m ak e ablut ion from t he w ell of Buda'ah ( i. e. , a well in Madinah) ?" The Prophet , upon whom be peace, t old him , " Wat er is pure and not hing m akes it im pure." This hadit h is relat ed by Ahm ad, ash- Shaf 'i, Abu Daw u d, anNasa'i and at - Tirm izhi, w h o classified it as hassan. Ahm ad said, " This hadit h is sahih and Yahya ibn Ma'een an d Muham m ad ibn Hazm classified it as such. " This is also t he opinion of I bn 'Abbas, Abu Hurairah, al- Hassan al- Basri, I bn al- Musayyab, 'I k rim ah , I bn Abu Laila, al- Thau ri, Daw u d azh- Zhahiri, an- Nakha'i, Malik and ot hers. Says al- Ghazzali, " I wish ash- Shaf 'i's opinion w as lik e Malik's." There is also a hadit h from 'Abdullah ibn 'Um ar in w hich t he Messenger of Allah is repor t ed t o have said, " I f t here are at least t wo bucket s of w at er, it will not carry any im purit y. " This hadit h is relat ed by t he " five." However, t his hadit h is m uzht arab in it s ch ain of narrat ors an d t ex t . I bn 'Abdul- Barr said in at - Tam heed, " As t o t he opinion of ash - Shaf 'i w h ich is based on t his hadit h, it is w eak on scrut iny and is not confirm ed by hist orical report s. "
Fiqh 1 . 4 : Le f t ove r w a t e r
" Left over w at er" is w h at rem ains in a pot aft er som e has been drunk. There are fiv e different t ypes of left over wat er.
Fiqh 1 . 4 a : W a t er le ft ov e r a f t e r p eople h a ve dr un k f r om t h e p ot
According t o t he shari'ah, such wat er is considered pure regardless of w het her t he one who dran k from t he pot was a Muslim , an unbeliever, a person in post - sex im purit y or a m enst ruat ing w om an. Alt hough Allah say s in t he Qur'an, " Verily, t he idol worshippers are im pure" ( at - Taubah) t his is a reference not t o t heir physical st at e, but t o t heir false beliefs and creed. They m ay com e int o cont act wit h dirt or im purit ies, but t his does not m ean t hat t heir possessions or bodies are im pure. I n fact , t hey used t o m ix wit h t he Muslim s. Their em m issaries and delegat ions used t o visit t he Messenger of Allah and ent er his m osque. The Prophet , upon w hom be peace, did not order t hat t he obj ect s t hey t ouched be cleansed. As for m enst urat ing w om en, 'Aishah said, " I used t o drink ( from a cont ainer) w hile I w as m enst ruat ing. I would t hen pass it t o t he Messenger of Allah and he w ould drink from t he sam e spot where I had put m y lips. " ( Relat ed by Muslim .)
Fiqh 1 . 5 : W a t e r le f t in a cont a in e r a f t e r a n a llow a b le a n im a l h a s dr un k f r om it
Such w at er is considered pure. Since t he an im al qualifies for consum pt ion, it s saliva is also pure. Abu Bakr ibn al- Munzhir said, " The scholars are agreed t hat such wat er is perm issible t o drink or use f or ablut ion. "
Fiqh 1 . 5 a : W a t er r em a in ing in a p ot a f t e r it h a s be e n dr un k by a d on k e y , m ule , b e a st s of bir ds of pr e y
Such w at er is also considered pure, based on t he hadit h of Jabir in w h ich t he Messenger of Allah w as asked about m aking ablut ion w it h drink ing w at er lef t by donkeys. The Prophet , upon whom be peace, answ ered, " Yes, and from t he drinking w at er left by an y of t he beast s of prey ." This hadit h w as relat ed by ash- Shaifi, ad- Daraqut ni and al- Baihaqi w h o said, " When it s different ch ains are put t oget her t hey becom e st rong." I t has also been relat ed f rom I bn 'Um ar t hat t he Messenger of Allah went out at night while he w as on a j ourney. He passed by a m an w ho w as sit t ing by a pond. Said 'Um ar, " Did a beast of prey drink f rom your pond t onight ?" The Messenger of Allah t old him , " O ow ner of t he pond, do not inform him . I t is not necessary, for him ( t he beast of prey) is w hat he carried in his st om ach and for us is what he left , w at er t o be used f or drinking and purifying." This is relat ed by ad- Daraqut ni. Yahy a ibn cam e upon a pond, 'Am r said, " O owner of t he pond, have t he beast s of prey discovered your pond?" 'Um ar said, " Do not inform us, since t he people drink aft er t he w ild beast s and t he w ild beast s aft er t he people. " This is relat ed by Malik in al- Muw at t a.
Fiqh 1 . 6 : W a t e r le f t in a pot a ft er a ca t h a s dr u n k f r om it
Such w at er is also considered pure. This is proven by t he hadit h of Kabshah bint Ka'b w ho, w hen sh e was under t he care of Abu Qat adah, ent ered t he room t o pour som e wat er for him . A cat cam e, dran k som e of t he w at er, and Qat adah proceeded t o t ilt t he cont ainer so t he cat could drink m ore. Kabshah said, " He not iced t hat I w as w at ching him . " He asked, " Are you surprised, O niece?" I answ ered, " Yes. " He said, " The Messenger of Allah, upon w h om be peace, said, 'I t ( t he cat ) is not im pure. They int erm ingle w it h you." '
Fiqh 1 . 6 a : W a t er le ft in a pot a ft e r a pig or dog h a s dr un k f r om it
Such w at er is considered im pure and m ust be avoided. Al- Bukhari and Muslim have recorded, on t he aut horit y of Abu Hurairah, t hat t he m essenger of Allah said, " I f a dog drinks from one of your cont ainers, wash it sev en t im es. " Ahm ad and Muslim also have t his addit ion, " Cleanse one of your cont ainers if a dog licks it by w ashing it seven t im es, t he first w ashing being w it h dirt . " As for t he left over wat er of a pig, it is clearly considered filt h an d im pure.
Fiqh 1 . 6 b: Type s of im p ur it ie s
Naj asah refers t o im pure subst ances t hat t he Muslim m ust av oid and w ash of f if t hey should happen t o cont am inat e his clot hes, body and so on. Says Allah in t he Qur'an , " Purif y your raim ent " ( alMudat har 4) ; and, " Allah loves t hose who repent and w h o purify t hem selves" ( al- Baqarah 222) . The Messenger of Allah also said, " Purit y is half of t he fait h."
Fiqh 1 . 6 c: D e a d a n im a ls
This refers t o anim als w h ich die from " nat ural causes, " t hat is, w it hout t he proper I slam ic way of slau ght ering. I t also includes anyt hing t hat is cut off of a live anim al. Abu Waqid al- Lait hy report ed t hat t he Prophet , upon whom be peace, said, " What is cu t of f of a liv e anim al is considered dead, " i. e. , it is considered like an anim al t hat has not been properly slau ght ered. This is relat ed by Abu Daw u d and by at - Tirm izhi, w h o classifies it as hassan and says t hat t he sch olars act according t o t his hadit h.
Fiqh 1 . 7 : D e a d a n im a ls of t h e se a a nd d ea d locu st s
I bn 'Um ar report ed t hat t he Messenger of Allah said, " Tw o t y pes of dead anim als and t w o t y pes of blood hav e been m ade law ful for us. The t ypes of dead anim als are seafood and locust s. The t w o t y pes of blood are t he ( blood of t he) liver and t he spleen. " This is relat ed by Ahm ad, ash- Shaf 'i, al- Baihaqi and adDaraqut ni. The hadit h is w eak, but I m am Ahm ad says t hat it is aut hent ic in m auqoof form . Abu Zar'ah an d Abu Hat im have said t he sam e. Such a report has t he im plicat ion of a m arfu' hadit h because a com panion saying, " This was allowed for us" or " This was f orbidden for us" is lik e one of t hem saying, " We w ere ordered t o do t his, " or " We w ere forbidden t o do t his, " and so on. ( Such st at em ent s are considered m arfu' w it h respect t o t heir regulat ions) . And we have already m ent ioned t he Prophet 's st at em ent concerning t he ocean, " I t s w at er is pure and it s 'dead an im als' are allow able ( t o eat .) . "
Fiqh 1 . 7 a : D e a d a n im a ls t h a t h a ve n o r u nn in g blood
( That is) bees, an t s, and so on. They are considered pure. I f t hey fall int o som e su bst an ce and die, t he subst an ce will not becom e im pure. I bn al- Munzhir said, " I do not know of any disagreem ent concerning t he purit y of such w at er sav e w h at has been relat ed from ash- Shaf 'i. I t is well- know n t hat he view s t hem as being im pure. Nevert heless, it does not bot her him if t he obj ect falling int o a su bst an ce does not alt er it ( in any w ay ) ."
Fiqh 1 . 7 b: Bone s, h or n s, cla w s, fu r , f e a t h e r s, a n d sk in a n d so on of de a d a n im a ls
All of t hese are considered pure. Concerning t he bones of dead an im als, az- Zuhri said, " I have m et som e sch olars of t he preceeding generat ions w h o used such obj ect s for com bs and pot s for oil, and t hey did not see anyt hing w rong in t hat . " This is relat ed by al- Bukhari. Said I bn 'Abbas, " The client of Maim unah w as given a sheep as charit y, and it died. The Messenger of Allah, upon w h om be peace, passed by it an d said, 'Why do you not rem ove it s skin, t reat it and put it t o use?' She said, 'I t is dead' ( i.e., it has not been slaught ered properly) . He said t o her, 'Only eat ing it is forbidden. " ' This is relat ed by t he group. I bn Maj ah at t ribut es t he incident t o Maim unah and her client . Al- Bukhari and an- Nasa'i do not m ent ion t r eat ing t he skin. I t is report ed from I bn 'Abbas t hat he recit ed: " Say ( O Muham m ad) : " I n all t hat has been revealed t o m e, I do not find anyt hing forbidden t o eat ; if one w ant s t o eat t hereof, unless it be carrion, or blood poured fort h, or sw ine flesh .. . " ( al- An'am 145) . Then he said, " What is for bidden is it s m eat . As for it s skin, skin used for w at erskins, t eet h, bones, fur and wool, t hey are perm issible." This is narrat ed by I bn Munzhir and I bn Hat im . Sim ilarly , it s rennet an d m ilk are considered pure. This is support ed by t he fact t hat w h en t he com pan ions conquered I raq, t hey at e t he cheese of t he Magian s w h ich was m ade f rom rennet , alt hough t heir slaught ered an im als w ere considered t he sam e as 'dead anim als. ' I t is confirm ed from Salm an al- Farsi t hat when he was ask ed about cheese, clarified but t er and pelt s, he said, " What is perm issible is w hat Allah m ade perm issible in His book. What is forbidden is w h at Allah m ade forbidden in His book. What he om it s, He has pardoned for you. " I t is w ell- know n t hat he w as being asked about t he cheese of t he Magians, as Salm an w as 'Um ar's deput y in Mada'in, I raq.
Fiqh 1 . 8 : Blood
This includes blood t hat pours fort h from an an im al's body , su ch as blood from a slau ght ered anim al, or from m enst ruat ion, except f or w h at sm all am ount s are overlooked. I bn Juraij said about t he Qur'anic verse " . . .or blood poured fort h. .. " ( al- An'am 145) , t hat t his is t he blood t hat flow s out . The blood t hat does not flow out , but rem ains in t he veins, is perm issible. This is relat ed by I bn al- Munzhir. And it is also relat ed from Abu Maj lizn in his discourse on blood t hat he w as asked, " What about t he blood t hat rem ains in t he slaught ered sheep or at t he t op of t he cooking pot ?" He an sw ered, " There is no problem wit h it . What is f orbidden is t he blood t hat flow s out ( of t he anim al at t he t im e of slaught ering) . " This was recorded by 'Abd ibn Ham eed and by Abu ash- Shaikh. I t is also relat ed from 'Aishah t hat she said, " We used t o eat t he m eat w h en t he blood was st reaking t he pot ." Al- Hassan said, " The Muslim s alw ay s pray ed, ev en w hile t hey were bleeding. " This w as m ent ioned by al- Bukhari. I t is confirm ed t hat 'Um ar pray ed w h ile his wound w as bleeding. Elucidat ing t he point , I bn Haj r says in Fat h al- Bari ( a com m ent ary on Sahih al- Bukhari) : " Abu Hurairah did not see an yt hing wrong in a drop or t w o of blood during t he prayers. Based on t his report from Abu Hurairah, t he blood of a flee or t he blood t hat com es from a pim ple are t o be overlooked. Abu Maj lizn was asked about pus t hat get s on t he body or t he clot hes. He said, 'There is not hing w rong wit h t hem . Allah m ent ions only t he blood, not t he pus." ' Com m ent ing on t he subj ect , I bn Taim iyy ah says, " I t is obligat ory t o clean t he clot hes from pus, purulent m at t er or sim ilar fluids." He also says, " There is no proof concerning it s im purit y. " I t is preferred for t he person t o avoid cont act as m uch as possible w it h t hese subst ances.
Fiqh 1 . 9 : Pig's m e a t
According t o t he verse ( al- An'am 145) quot ed earlier, it em s m ent ioned t herein are im pure. The pronoun 't hey' ref ers t o all t hree of t he m ent ioned it em s. I t is, how ev er, allowed t o knit w it h t he hair of a pig according t o m ost of t he scholars.
Fiqh 1 . 9 a : V om it in g of a pe r son, ur in e , a n d e x cr e m e n t
There is agreem ent am ong t he scholars t hat t hese obj ect s are im pure. But , a slight am ount of vom it overlooked and pardoned. I t is sufficient j ust t o sprinkle w at er ov er t he urine of an unw ean ed m ale baby. This is based on t he hadit h of Um m Qais. She cam e t o t he Messenger of Allah w it h her unw eaned son. Aft er a w h ile, t he baby urinat ed in t he Prophet 's lap. The Prophet , upon w h om be peace, called for som e wat er, w hich he sprinkled ov er his clot hes, and did not give t hem a com plet e washing. This is relat ed by al- Bukhari and Muslim .
'Ali narrat ed t hat t he Messenger of Allah said, " The urine of a baby boy should hav e w at er sprinkled upon it . The urine of a baby girl is t o be w ashed off ." Says Qat adah , " This refers t o a m ale baby t hat has not yet begun t o eat . I f he already eat s, t hen t he garm ent is t o be w ashed. " This hadit h is relat ed by Ahm ad, Abu Daw u d, at - Tirm izhi and I bn Maj ah . I n al- Fat h, I bn Haj r says it s chain is sahih.
Spr inkling is sufficient as long as t he boy is st ill nursing. I f he eat s solid f ood, his urine m ust be w ashed from t he clot hes an d body. There is no disagreem ent on t his lat t er point . Perhaps t he reason f or t his exem pt ion t o t he m ale baby's urine is t hat people have a t endency t o carry t heir m ale babies around, and it would have been diff icult t o clean t he clot hes af t er t heir frequent urinat ions.
Fiqh 1 . 1 0 : Al- W a di Wadi is a t hick w h it e secret ion discharged ( by som e people) af t er urinat ion. I t is considered im pure.
'Aish ah said, " Wadi com es out af t er urinat ion. The person should w ash t he privat e part s and perform ablut ion. I t is not necessary t o perf orm ghusl. This is relat ed by I bn al- Munzhir. I bn 'Abbas relat ed t hat " m ani ( sperm ) requires ghusl. As f or m azhi ( sem en) and w adi t hey require a com plet e purificat ion." This is relat ed by al- At hram . Al- Baihaqi has it w it h t he w ording, " Concerning m azhi ( prost at ic fluid) and wadi, he said, 'Wash your sexual organs and perf orm t he sam e t ype of ablut ion as you perform for pray er. " '
Fiqh 1 . 1 0 a : Al- M a z h i or pr ost a t ic f lu id
This is a w hit e st icky fluid t hat flow s f rom t he sexual organs because of t hinking about sexual int ercourse or foreplay, and so on. The person is usually not aw are of w h en ex act ly it is secret ed. I t com es f rom bot h t he m ale and t he f em ale sexual organs, alt hough t he am ount from t he lat t er is usually m ore t han t he form er's. Scholars are agreed t hat it is im pure. I f it get s on t he body, it is obligat ory t o wash it off . I f it get s on t he clot hes, it suffices t o sprinkle t he area w it h w at er, as it is very hard t o be com plet ely prot ect ed f rom t his im purit y, especially f or t he young, single person. 'Ali said, " I used t o excret e m azhi, so I asked a m an t o ask t he Messenger of Allah , upon w h om be peace, about it . I w as shy t o do so because of m y posit ion w it h respect t o his dau ght er ( 'Ali was t he Prophet 's son- in- law ) . He said, 'Make ablut ion and w ash your penis. " This is relat ed by al- Bukhari and ot hers. Sah l ibn Hanif said, " I used t o suffer from excessive am ount s of m azhi. I used t o m ake lot s of ghusl because of it . So I m ent ioned t his t o t he Messenger of Allah, upon w hom be peace, and he said, 'I t is suff icient t o t ake a handful of w at er and sprinkle it over y our clot hes w h erev er t he fluid appears. " The hadit h is relat ed by Abu Daw u d, I bn Maj ah, and at - Tirm izhi. The lat t er says, " The hadit h is hassan sahih. I n t he chain is Muham m ad ibn I shaq, who is considered weak when he relat es in m u'an'an ( han ded- down) form because of his reput at ion as one w ho com m it ed t adlis. But in t his narrat ion, he m ak es it clear t hat he heard t he hadit h direct ly ." Al- At hram narrat ed t he sam e hadit h w it h t he wording, " I was bot hered by a great deal of m azhi, so I w ent t o t he Prophet , upon whom be peace, and inform ed him of t his. He said 'I t is suff icient for you t o t ake a handf ul of w at er an d sprinkle it over ( t he m azhi) ." '
Fiqh 1 . 1 1 : Spe r m , Al - M a n i
Som e sch olars say t hat sperm is im pure, but apparent ly it is pure, for it is only recom m ended t o w ash it off if it is st ill w et , and t o scrat ch it of f if it is dry. Said 'Aishah , " I used t o scrat ch t he sperm off t he Messenger of Allah's clot hes if it w as dry, and w ash it off if it w as st ill w et . " ( This is relat ed by ad- Daraqut ni, Abu 'Awan ah and al- Bazzar) . I t is also relat ed t hat I bn ' Abbas said, " I asked t he Messenger of Allah about sperm on clot hes. He said, 'I t is t he sam e as m ucus and spit t le. I t is su fficient t o rub t he area w it h a rag or clot h." ' The hadit h w as relat ed by ad- Daraqut ni, al- Baihaqi and at Tah aw i. There is a difference in t he narrat ion over w het her it should be in m arfu'or m auqoof form .
Fiqh 1 . 1 1 a : Th e ur in e a n d st ools of a n im a ls t ha t a r e pe r m issible t o ea t
Bot h of t hese are considered im pure. I bn Mas'ud relat ed t hat t he Messenger of Allah , upon w h om be peace, w ent t o answer t he call of nat ure. He asked 'Abdullah ibn Mas'ud t o bring t hree st ones. 'Abdullah said, " I could not find t hree st ones, so I found t w o st ones and anim al dung and brought t hem t o him . He t ook t he t wo st ones and t hrew aw ay t he dung saying, 'I t is im pure." ' The hadit h is relat ed by al- Bukhari, I bn Maj ah, and I bn Khuzaim ah. I n one narrat ion it st at es, " I t is im pure. I t is t he st ool of a donk ey. " A lit t le am ount of it is pardoned t hough, as it is v ery difficult t o com plet ely prot ect one's self from it . Al- Waleed ibn Muslim say s, " I said t o al- Auza'i, 'What about t he urine of anim als w h ose m eat is not eat en, like t he m ule, donkey and horse?' He said t hat t hey used t o com e int o cont act w it h t hese during t heir bat t les, an d t hat t hey did not w ash it off t heir bodies or clot hes. As for t he urine and st ools of anim als w h ose m eat is perm issible, Malik , Ahm ad an d a group of t he Shaifiyy ah says t hat it is pure. Com m ent ing on t he subj ect , I bn Taim iyy ah says, " None of t he com panions held t hat it is im pure. I n fact , t he st at em ent t hat it is im pure is of recent origin and not from t he early generat ions of t he com panions. " Said Anas, " A group of people from t he t ribes of Ukul or 'Uraina cam e t o Madinah an d becam e ill in t heir st om ach. The Prophet ordered t hem t o get a m ilking she- cam el and drink a m ixt ure of it s m ilk an d urine." This hadit h is relat ed by Ahm ad, al- Bukhari and Muslim and point s t o a cam el's urine as being pure. Therefore, by analogy , ot her perm issible anim als' ur ine m ay also be considered pure. Say s I bn al- Munzhir, " Those w ho claim t hat t hat was perm issible only for t hose people are incorrect . Specificat ion is only confirm ed by som e specific proof. " He also says, " The scholars perm it , w it hout any obj ect ion, t he sale of sh eep's st ools an d t he use of cam el's urine in t heir m edicine, bot h in t he past and in t he present , again w it hout any obj ect ion. This shows t hat t hey are considered pure. " Says ash- Shaukan i, " Apparent ly, t he urine and st ools of every living an im al perm issible t o eat is pure. " There is not hing t o prove ot herw ise.
Fiqh 1 . 1 2 : Ja lla la h
Jallalah refers t o an anim al t hat eat s t he w ast e or flesh of ot her anim als, su ch as cam els, cow s, sh eep, chickens, geese, and so on. I bn 'Abbas report ed t hat t he Messenger of Allah forbade t he drink ing of such anim als' m ilk.
This hadit h is relat ed by " t he five," except for I bn Maj ah. At - Tirm izhi grades it as sahih. I n one narrat ion it st at es, " I t is also prohibit ed t o ride upon a j allalah. ( Relat ed by Abu Dawud. ) 'Am r ibn Shu'aib relat ed on t he aut horit y of his f at her, from his gran dfat her, t hat t he Messenger of Allah prohibit ed t he m eat of dom est ic donkeys. As for t he j allalah, he prohibit ed riding or eat ing t hem ." ( Relat ed by Aham ad, an- Nasa'i and Abu Dawud.) I f t he j allalah anim al is kept aw ay from t he ot her an im als for som e t im e an d is given clean food t o eat , t hen it becom es pure an d is no longer called j allalah . I f t his is t he case, it becom es perm issible t o eat , as t he reason for it s prohibit ion was t he change it underw ent due t o eat ing filt h, a st at e which would no longer be present .
Fiqh 1 . 1 2 a : Alcohol
According t o m ost scholars, alcohol is im pure. Say s Allah in t he Qur'an , " Alcohol, gam es of chan ce, idols and div ining arrow s are only an infam y of Sat an's handiw ork. " Som e sch olars say t hat it is pure, for t hey t ake t he m eaning of raj is in it s abst ract sense as describing alcohol an d w h at ever is relat ed t o it . This is not labeled as im pur e in a definit e, sensory w ay. Says Allah, " St ay aw ay from t he im purit ies of idols. " I dols are im pure in t he abst ract sense, and t hey are considered im pure if one t ouches t hem .
The explanat ion of t he preceding verse is t hat t hey are a t ool of Sat an, for t hey cause enm it y and hat red an d keep people away f rom t he rem em brance of Allah and pra.y er. I n Subul as- Salaam it says, " Their origin is pure and t heir being prohibit ed does not m ean t hat t he obj ect it self is im pure. For exam ple, hashish is prohibit ed but it is pure. But , som et hing im pure is not necessarily prohibit ed. Every im pure t hing is prohibit ed, but not vice- versa. That is becau se of t he ruling t hat som et hing im pure cannot be t ouched under an y circum st ances. I f a ruling says t hat som et hing is im pure, it is also prohibit ed. This differs from a ruling t hat som et hing is prohibit ed. For exam ple, it is forbidden t o w ear silk and gold, but t hey are absolut ely pure by consensus." I f one underst ands t hat , t hen t he prohibit ion of alcohol does not necessarily ent ail it s also being considered im pure: it needs som e ot her ev idence t o prove t hat it is im pure. I f not , t hen we are left wit h t he original posit ion t hat it is pure. I f one claim s ot her t han t hat , he m ust subst ant iat e it .
Fiqh 1 . 1 3 : Pu r ify ing t h e body a n d clot h es
I f t he clot hes or body are cont am inat ed wit h im purit ies, it is obligat ory t o wash t hem w it h wat er unt il t hey are cleansed of t he im purit ies. This is especially t he case if t he im purit y is visible, such as blood. I f t here are som e st ains t hat rem ain aft er w ashing w h ich would be ext rem ely diff icult t o rem ove, t hey can be overlook ed. I f t he im purit y is not visible, su ch as urine, it is su fficient t o w ash it one t im e. 'Asm a bint Abu Bakr relat ed t hat a w om an cam e t o t he Prophet , upon w h om be peace, and said, " Our clot hes are cont am inat ed wit h m enst rual blood. What sh ould w e do about t his?" He said, " Scrape it , rub it wit h wat er, pour wat er over it and t hen pray in it . " ( This is relat ed by al- Bukhari and Muslim ) I f im purit ies get on t he low er port ion of a w om an's dress, it is purified by dust as she t rails along. A wom an said t o Um m Salam ah, " I have a long dress t hat drags on t he ground, even w hen I walk t hrough places t hat cont ain filt h. What sh ould I do about it ?" Um m Salam ah answered her, " The Messenger of Allah said, 'What com es aft er it purif ies it . " ' This is relat ed by Ahm ad an d Abu Dawud.
Fiqh 1 . 1 3 a : D ogs
Dogs are considered im pure. Any cont ainer t hat a dog has licked m ust be washed seven t im es, t he f irst t im e wit h dirt . Abu Hurairah report ed t hat t he Messenager of Allah, upon w h om be peace, said, " Purif ying a cont ainer t hat a dog has lick ed is done by washing it seven t im es, t he f irst w ashing being wit h dirt ( t hat is, w at er m ixed w it h dirt unt il it becom es m uddy) . " This w as relat ed by Muslim , Ahm ad, Abu Daw ud, an d al- Baihaqi. I f a dog lick s a pot t hat has dry food in it , w h at it t ouched and what surrounds it m ust be t hrow n aw ay. The rem ainder m ay be k ept , as it is st ill pure. As f or a dog's fur, it is considered pure.
Fiqh 1 . 1 4 : Pu r ify ing t h e gr ou n d
I f t her e are im purit ies on t he ground, it is purif ied by pouring w at er over it . This is proven by Abu Hurairah' s hadit h, m ent ioned earlier, about t he bedouin w h o urinat ed in t he m osque. The Prophet , upon whom be peace, said all t hat needed t o be done for purif icat ion was t o pour w at er over it . Said Abu Qulabah, " The drying of t he ground is it s purificat ion. " 'Aish ah said, " The purificat ion of t he ground is it s becom ing dry. " ( Relat ed by I bn Abi Shaibah. ) This, of course, refers t o t he case where t he im purit y is a liquid. I f t he im purit y is a solid, t he ground w ill only becom e pure by it s rem oval or decay.
Fiqh 1 . 1 4 a : Pu r if y in g cla r ifie d bu t t e r a nd ot h e r sim ila r subst a n ce s
I bn 'Abbas relat es from Maim unah t hat t he Prophet , upon w hom be peace, w as ask ed about a m ouse t hat f ell int o a pot of clarified but t er. He said, " Tak e ( t he m ouse) and w hat is around it out , and t hrow it aw ay. Then eat ( t he rest of) your clarified but t er. " This is relat ed by al- Bukhari.
Com m ent ing on t he subj ect , al- Hafezh I bn Haj r says, " I bn 'Abdul Barr report ed t hat t here is agreem ent t hat if a dead anim al falls int o a solid m at t er, w h at t he dead anim al t ouches and w h at is around it m ust be t hrown away, provided t hat one can m ake sure t hat t he an im al did not t ouch t he rem ainder. As for a liquid subst ance, t here is som e diff erence of opinion. The m aj orit y say t hat t he ent ire liquid becom es im pure; az- Zuhri, al- Auza'i, an d som e ot hers disagree wit h t hat opinion.
Fiqh 1 . 1 5 : Pu r ify ing t h e sk in of de a d a n im a ls
Tanning purifies t he skin and t he fur of a dead anim al. This is based on t he hadit h of I bn 'Abbas, in which t he Prophet said, " I f t he an im al's skin is t anned, it is purified. " ( Relat ed by al- Bukhari and Muslim . )
Fiqh 1 . 1 5 a : Pu r if y in g m ir r or s a nd sim ila r obj e ct s
Mirrors, knives, sw ords, nails, bones, glass, paint ed pot s an d ot her sm oot h surf aces t hat have no pores are purified by sim ply w iping t hem and rem oving any im pure rem ains. The com panions of t he Prophet used t o pray while w earing sw ords sm eared w it h blood, and t hey used t o j ust w ipe t he swords t o purify t hem .
Fiqh 1 . 1 5 b: Pu r ify ing shoe s
Shoes m ay be purif ied by rubbing t hem against t he ground, as long as t he rem ains of t he im purit y are rem oved. Abu Hurairah narrat ed t hat t he Messenger of Allah, upon whom be peace, said, " I f one of you st epped in som e filt h, t he dirt w ill purify his sh oes. " Relat ed by Abu Daw u d. I n anot her narrat ion it st at es, " I f one of y ou st eps in som e f ilt h w it h his sh oes on, t he dirt w ill purif y t hem . " Abu Sa' eed report ed t he Prophet , upon w hom be peace, saying, " When a person com es t o t he m osque, he should look at his shoes. I f he finds an y filt h on t hem , he sh ould w ipe t hem against t he ground and pray in t hem ." ( Relat ed by Ahm ad an d Abu Dawud. ) Since shoes are repeat edly exposed t o filt h, it is suff icient j ust t o w ipe t hem against t he ground. This is sim ilar t o t he case of defecat ion. I n fact , it is st ronger t han t hat case, as defecat ion usually occu rs only t w o or t hree t im es a day.
Fiqh 1 . 1 5 c: Use f u l poin t s t h a t a r e g r e a t ly n e e de d con cer n ing p ur if ica t ion
Rope used f or hanging clot hes wit h im purit ies on t hem m ay aft erw ards be used for hanging pure clot hes. I f a liquid falls on a person and he does not know if it w as w at er or urine, he need not inquire about it . I f he does inquire, t he one who is asked need not answ er him even if he knows t hat t he liquid is im pure. I n t hat case, t he person need not w ash his clot hes. I f a person finds som et hing m oist on his body or clot hes at night , an d he does not know what it is, he need not sm ell it t o discov er w h at it m ight be. I t is relat ed t hat 'Um ar passed by a gut t er ( an d got w et ) . 'Um ar's com panion asked t he ow ner of t he gut t er if t he w at er was pure or im pure. 'Um ar t old t he ow n er not t o an sw er t he quest ion, and went on his way. Clot hes t hat have st reet m ud on t hem need not be w ashed. Report ed Kam yal ibn Ziy ad, " I saw 'Ali wading t hrough t he m ud, aft er w h ich he ent ered t he m osque an d prayed w it hout w ashing his legs. " I f a person finishes his prayer an d sees som e im purit ies on his clot hes or body of w h ich he was not previously aw are, or he w as aw are of t hem but f orgot about t hem , or he did not forget about t hem but he was not able t o rem ove t hem , t hen his pray er is st ill v alid an d he need not repeat it . This opinion is support ed by Allah's st at em ent , " And t here is no sin for you in t he m ist akes you m ake unint ent ionally ." ( al- Ahzab 5) . Many of t he com panions and t hose of t he follow ing generat ion gav e t his legal v erdict . I f a person can not det erm ine what part of his clot hes cont ain t he im purit y, he should wash t he w h ole garm ent . This is based on t he axiom , " I f an obligat ion cannot be fulfilled except by perform ing anot her relat ed act , t hen t hat act also becom es obligat ory. " I f a person m ixes his pure clot hes wit h his im pure clot hes ( and get s confused bet ween t hem ) , he should invest igat e t he m at t er and pray once in one of t he clot hes. This is sim ilar t o t he quest ion of t he exact direct ion of t he qiblah. I t does not m at t er if t he proport ion of pure clot hes w as large or sm all.
Fiqh 1 . 1 6 : I t is n ot pr ope r f or on e t o ca r r y som e t h in g t h a t h a s Alla h ' s na m e u pon it w hile he
is g oin g t o t he ba t h r oomI t is not proper for one t o carry som et hing t hat has Allah 's nam e upon it ( unless he is afraid of losing it or having it st olen) , w hile he is going t o t he bat hrom . Anas relat ed t hat t he Messenger of Allah , upon whom be peace, had a ring engraved w it h Muham m ad Rasool- ullah, ( Muham m ad t he Messenger of Allah) , w hich he w ould rem ove when he w ent t o t he bat hroom . I bn Haj r says t hat t his hadit h is m alul ( a t ype of w eak hadit h having a def ect ) an d Abu Dawud says it is m unkar, ( singularly relat ed by people who are not t rust w ort hy) . The first port ion of t he hadit h is aut hent ic, how ever.
Fiqh 1 . 1 7 : H e sh ould m ove a n d hide h im self f r om ot h e r s w hile goin g t o t h e b a t hr oom
This is especially t rue in t he case of def ecat ion, so ot hers can not hear noxious sounds or sm ell bad odors. Said Jabir, " We were j ourneying w it h t he Messenger of Allah , upon w h om be peace, and he would only relieve him self when he was out of sight ." ( This is relat ed by I bn Maj ah .) Abu Daw ud records t hat , " When he w ant ed t o relieve him self , he would go w here no one could see him ." He also relat ed, " When t he Messenger of Allah, upon w h om be peace, w ent out he would go very far aw ay ."
Fiqh 1 . 1 7 a : One sh ould m e n t ion t h e n a m e of Alla h a n d se e k r e fu ge in H im w h e n e n t e r in g
t he pr ivy or r e m ov ing h is clot he s t o r e lie ve h im se lfAnas report ed t hat w h en t he Messenger of Allah , upon w h om be peace, ent ered t he privy he w ou ld say , " I n t he nam e of Allah. O Allah! I seek refuge in you from m ale an d fem ale noxious beings ( devils) ." This is relat ed by " t he group."
Fiqh 1 . 1 7 b: On e sh ou ld not t a lk w he n goin g t o t h e b a t hr oom
One sh ould not respond t o a greet ing or repeat w hat t he caller t o prayer is say ing. He m ay speak if t here is som e necessit y ( i. e. , t o guide a blind m an w h o fears he m ay be harm ed) . I f he sneezes, he should praise Allah t o him self and sim ply m ove his lips ( w it hout m aking a sound) . I bn 'Um ar relat ed t hat a m an passed by t he Prophet , upon w hom be peace, and greet ed him while he ( t he Prophet ) w as urinat ing. The Prophet did not ret urn his greet ing. ( This is relat ed by " t he group, " ex cept for al- Bukhari.) Abu Sa'eed report ed t hat he heard t he Messenger of Allah, upon whom be peace, say , " I sn 't it t rue t hat Allah det est s t hose w h o converse w h ile t hey reliev e t hem selves?" This w as relat ed by Ahm ad, Abu Daw ud and I bn Maj ah.
This hadit h seem s t o support t he posit ion t hat it is forbidden t o t alk. Man y sch olars, how ever, say t hat it is only disliked, not forbidden.
Fiqh 1 . 1 8 : One sh ou ld n e it h e r f a ce nor t ur n his ba ck on t h e q ib la h w hile r e lie vin g h im se lf
Abu Hurairah report ed t hat t he Messenger of Allah, upon w hom be peace, said, " When one of you relieves him self, he should neit her face t he qiblah nor t urn his back on it ." This was relat ed by Ahm ad and Muslim .
The prohibit ion im plies t hat it is only dislik ed. As I bn ' Um ar relat ed t hat he once went t o Hafsah's hom e, where he saw t he Messenger of Allah relieving him self w hile f acing Syria w it h his back t o t he Ka'bah . This is relat ed by " t he group. " Som e reconciliat e t hese hadit h by saying t hat in t he desert it is forbidden t o face or t urn one's back on t he Ka'bah, w h ile it is perm it t ed in buildings. Said Marw an al- Asghar, " I saw 'Um ar sit t ing on his sh e- cam el and facing t he qiblah w h ile urinat ing. I said, 'O fat her of 'Abdurahm an .. . is t his not forbidden?' He said, 'Cert ainly not . . . This has been prohibit ed only in open areas. I f t here is a barricade ( or separat or) bet w een y ou an d t he qiblah , t here is not hing w rong w it h it . "
This is relat ed by Abu Daw u d, I bn Khuzaim ah and al- Hakim . I t s ch ain is hassan as I bn Haj r said in Fat h al- Bari.