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The Book of Taharah (cleanliness) A part from 'Nur al Idaah'

Written by: by Shurnbalali :: (View All Articles by: Shurnbalali)

The Book of Taharah (cleanliness)
Based on one volume of 'Nur al Idaah'
Imaam Shurnbalali's Classical Fiqh Manual
Published by The Inter-Islam Publishing Company

Contents
Fiqh (Jurisprudence) and the Fuqaha’ (Jurists)
The Author of the Book of Taharah
Notes On The Text
About This Compilation
Abbreviations
Definitions of the Usul al-Fiqh
Water
Su’r  (Remnant Water)
Istinja’ (Cleansing the Private Parts after answering the Call of Nature)
Makruh objects with which istinja’ cannot be performed
Adab of relieving oneself
Wudu’  (Ablution)
Conditions for Wudu’ to be Fard
Conditions for the validity of Wudu
Sunnas of Wudu’
Adab of Wudu’
Makruh acts in Wudu’
Types of Wudu’
Things that Nullify the Wudu’
Things that do not Nullify Wudu’
Ghusl  (Bathing)
Things that necessitate Ghusl
Things that do not necessitate Ghusl
The Sunnas of Ghusl
The Adab and Makruh things in Ghusl
Occasions when Ghusl  is Sunna
Occasions when Ghusl is Mustahab
Removal of hair under armpits and pubic hair
Tayammum (Dry Ablution)
There are Two Integrals of Tayammum
The Sunnas of Tayammum
Those things which Nullify Tayammum
Mash` over the Khufayn
Duration of Mash` over the Khufayn
The portion upon which it is Fard to do Mash over the Khufayn:
Things that Nullify Mash` over the Khufayn
Menstruation, Postnatal Bleeding and Irregular Vaginal Bleeding
Prohibitions due to Menstruation and Postnatal Bleeding
Method of Becoming Pure
Laws of Irregular Vaginal Bleeding and Others of Similar Standing
Najasa and the Method of Purification from it
What can be overlooked from najasa
Tanning the Hide
Glossary
Bibliography

Fiqh (Jurisprudence) and the Fuqaha’ (Jurists)

The quintessence of Islamic teaching is the Qur’an  and sunna and the means of understanding these primary sources is accurately crystallised through the science of fiqh.  Fiqh is the eyesight whilst the Qur’an and sunna are the light.  Eyesight is an indispensable tool for deriving benefit from light; in its absence light is of little use and vice-versa.  Similarly, it is through the implementation of fiqh that one is able to extract the finer implications and subtleties articulated in the Qur’an and sunna.

Fiqh literally means to comprehend and understand.   In early Islamic history, the term included legal, ethical and theological norms.  Fiqh dealing with creed was termed al-fiqh al-akbar, (Imam Abu Hanifa’s book entitled al-Fiqh al-akbar and his definition of fiqh bear testimony to this), and the term faqih denoted equally a ‘jurist’ and ‘theologian.’

Later definitions, such as Imam al-Shafi`i’s, begin to portray a dichotomy between legal theory and theology:  ‘Knowledge that is discerned from the detailed proofs (the Qur’an, sunna, ijma` (consensus) and qiyas (analogical deduction)) regarding norms for actions in the shari`a. (al-Fiqh al-islami wa adillatuh  p.16)

The clause ‘discerned from the detailed proofs’ precludes the layman from indulging in deriving fiqh.  The successful derivation of fiqh requires the ability to discern rulings from the Qur’an and sunna, ijma` (consensus) and qiyas (analogical 0deduction).  These derivations entail a complexity that a layman is ignorant of.  If he does possess the ability, then he neither belongs to the laity, nor to ordinary scholarship, but to the  higher category of  the jurists.

Fiqh (comprehension) has varying levels, the optimum level consists of direct inspiration from Allah, to which the words of the Prophet (may Allah bless him and grant him peace) attest, “For whomsoever Allah wishes good he endows him with fiqh of the religion.”  Ibn Hajr commenting upon this tradition (hadith) remarks, “In this narration there is a clear elucidation of the superiority of the `ulama over the laity and that of fiqh in religion above all other sciences. (Fath al-Bari 1/217)

In another tradition the Prophet (may Allah bless him and grant him peace) said, “May Allah keep fresh one who hears my words, preserves them and then conveys them to those who have not heard them.  At times the one carrying fiqh has no fiqh himself, and at times the one carrying fiqh conveys it to one who has more fiqh than himself.”  Hakim and Dhahabi state, “This narration fulfils the conditions of Bukhari and Muslim,” and the former has declared the narration as mashhur  (well-known).

The narration delineates that a fundamental purpose of the propagation of traditions is the inference of fiqh from it.  Furthermore, the initial bearer of the traditions may himself not possess the required tools to derive fiqh, whilst a later bearer may, and his derivations may benefit Muslims.  It is here that a distinction is drawn between the muhaddithun and the fuqaha’.  The former place emphasis on memorising texts, chains of transmission, biographies of the transmitters etc, whilst the latter derive
from the traditions their deeper implications.

This distinction between the fuqaha’ and the muhaddathun (traditionists) reaches as far back as to the time of the Sahaba (may Allah be pleased with them).  Eminent compilers of traditions such as Abu Hurayra (may Allah be pleased with him), who despite transmitting more traditions than many other Sahaba (may Allah be pleased with them), very rarely issued formal legal rulings (fatawa), and despite his immense knowledge of traditions was not regarded as a faqihi among the Sahaba.

Further clarification of this distinction is Muhammad Rawas al-Qal`ahji’s Silsila al-mawsu`a fiqh al-salaf, compendiums illustrating the legal rulings of distinguished Sahaba (may Allah be pleased with them).  The work dealing with the fiqh of Abu Hurayra (may Allah be pleased with him) is in total a fifth compared with the rulings of other distinguished Sahaba (may Allah be pleased with them), who transmitted far fewer traditions than Abu Hurayra (may Allah be pleased with him).

Further illustrations can be found in the following examples:

A person rebuked Imam Ahmad b. Hanbal for leaving the circles of Sufyan b. al-`Uyayna for that of Imam al-Shafi`i.  Imam Ahmad replied, “Keep silent! If a tradition with a higher chain eludes you, then you will acquire it through a lower chain.  However, if the insight of this young man passes you by, I fear you will never come across it again.” (al-Raf` wa al-takmil fi al-jarh wa al-ta`dil,  p.71)

On another occasion Imam Ahmad said, “Knowledge of traditions and the fiqh thereof are more beloved to me than the memorisation of traditions.” (al-Raf` wa al-takmil fi al-jarh wa al-ta`dil,  p.70)  `Ali b. al-Madini said, “The most noblest of sciences is the knowledge of fiqh within the ahadith.”  (Maqam Abi Hanifa, p.52)

The deep insight and intellectual excellence needed to attain the status of a faqih ensured that the fuqaha’ remained considerably fewer in number than the Muhaddithun.  Hafiz al-Ramhurmizi has stated in al-Muhaddith al-fasil bain al-rawi al-wa`i, with his own chain of transmission from Anas b. Sirin that, “I came to Kufa where I found four thousand seeking traditions and four hundred had become fuqaha’.’” (al-Ta`liq al-mumajjad `ala Muwatta Muhammad, 1/20)

Notwithstanding their excellence in hadith, many eminent muhaddithun of the ‘Golden Generations’ imbibed the fiqh of the great fuqaha’ of their time. From amongst those eminent muhaddithun who adhered to the opinions of the eponym of the Hanafi school of thought, Abu Hanifa, were eminent figures such as Waki` b. al-Jarah, a teacher of Ahmad b. Hanbal, Ishaq b. Rahwai, Abu Bakr b. Abi Shayba, `Ali b. al-Madini and Yahya b. Ma`in.

Imam Ahmad b. Hanbal said, “I have never seen anyone equal to Waki` in knowledge, memorisation, acquaintance with the chains of transmission and chapter headings (abwab).” (Tahdhib al-kamal, 30/473)

Yahya b. Ma`in said, “I swear by Allah I have never seen anyone other than Waki` narrate solely for the sake of Allah, nor anyone who had memorised more than him. He in his era was like Awzai`i was in his.” (Tahdhib al-kamal, 30/475)

Yahya b. Ma`in also said, “I have never seen anyone more virtuous than Waki`.”  He was asked if Waki` was even more virtuous than Ibn al-Mubarak.  He replied, “Ibn al-Mubarak is virtuous, but I have never seen anyone more virtuous than Waki`, he would face the Qibla and memorise traditions, he would fast successively and issue fatawa according to the opinion of Abu Hanifa.” (Tahdhib al-kamal,  30/474)

Another from amongst these illustrious scholars was Yahya b. Ma`in, a teacher of many well-known scholars including Imam Bukhari, Muslim, Abu Da’ud, and Abu Hatim al-Razi to name just a few.

Muhammad b. Nasr al-Tabri reported, “I heard Yahya b. Ma`in state, ‘With these hands of mine I have written a million traditions.’” (Tahdhib al-kamal, 31/548)

`Abd al-Khaliq said, “I said to Ibn Rumi, ‘I have heard a traditionist say, ‘Yahya b. Ma`in the one who the sun has not risen upon greater than (in traditions) narrated to me.’ He replied, “Why the surprise?  I heard `Ali b. al-Madini say, ‘I have never seen amongst the people one equal to him.’” (Tahdhib al-kamal, 31/553)

Imam Dhahabi has stated regarding Yahya b. Ma`in that he was a staunch Hanafi,
notwithstanding the fact that he was a muhaddith.  (al-Kanz al-matawari, 1/159)

Another eminent scholar who followed the opinions of Imam Abu Hanifa was Yahya
al-Qattan, a teacher of Ahmad b. Hanbal, Sufyan al-Thawri, Sufyan b. al-`Uyaina, Sh`uba b. al-Hajjaj and `Ali b. al-Madini.

Abu Talib reported from Ahmad b. Hanbal that he said, “I have never seen anyone like Yahya b. Sa`id, in his era there was none equal to him.” (Tahdhib al-Kamal, 31/337)

Zakariya b. Yahya al-Saji said, “I heard `Ali b. al-Madini say, ‘I have never come across anyone who was more knowledgeable regarding the biographies of narrators than Yahya b. Sa`id al-Qattan.’” (Tahdhib al-kamal, 31/336)

An indication of how a revered scholar such as Yahya b. Sa`id al-Qattan accepted and acted upon the fiqh of Abu Hanifa is evident from the following statement.  Sa`id al-Qadi states, “I heard Yahya b. Ma`in say, ‘Yahya b. Sa`id al-Qattan said, ‘We do not belie Allah when we say that we have never heard an opinion better than that of Abu Hanifa’s, and we have accepted the majority of his statements.’” (al-Ta`liq al-mumajjad `ala Muwatta Muhammad, 1/16)

These eminent muhaddathun ceded the arduous task of drawing fiqhi rulings to those who were more adequately equipped to take up this demanding intellectual challenge.  This approach was adopted throughout the Golden Generations, a period which witnessed the flourishing of many schools of thought; the majority of which did not survive due to a lack of preservation by their followers. Imam al-Shafi`i stated:  “Laith was a greater faqih than Malik but his students wasted him (through not preserving his teachings).” (Siyar i`lam al-nubala’, 8/156)

Those schools which were preserved throughout the centuries up until the present day were subjected to rigorous refinement and amendment by the scores of scholars who adhered to them.  In each century, using the usul al-fiqh (principles of jurisprudence) of the school, casuistic conflict solutions (masa’il) were deduced to deal with the exigencies of the time.

A testimony to the acceptance of these schools of thought is the unfaltering adherence they enjoyed throughout the centuries.  It would be no exaggeration to state that the overwhelming majority of Muslims avidly adopted these schools.  It is only of late, due to a moral and scholarly degeneration in the ummah, that individuals have begun to excoriate the schools and their followers. It is therefore important that whilst facing antagonism, one adhering to the fiqh of one of the great Imams must also adopt their sublime manners, tolerance, and the deep respect and love that they exhibited for their
Muslim brothers, even if they contravened their personal position.  May Allah guide them and us, for they are our brothers in the Din, and ‘None of you can be a true believer until he desires for his brother what he wishes for himself.’

Disputation, according to Imam Ghazali, is only valid if the following conditions are met:

1) Disputation is a communal obligation (al-fard al-kifaya); before one may practise it he must have already fulfilled the individual obligations (al-fard  al-`ayn).
2) The purpose of disputation is to seek the truth; and it is justified only when there is not a more important community obligation that should be performed.
3) Disputation is justified only in the case of a mujtahid, capable of arriving at his own legal opinion and who is not bound by the opinions of any school of law.
4) Disputation is justified only in cases that are likely to be of actual occurrence.
5) Disputation should be held privately, rather than in public assemblies in the presence of notables and men of power and influence.
6) In disputation the aim should be to seek the truth regardless of which of the two adversaries finds it.
7) Disputation should be free of certain restrictive rules of dialectic, such as preventing the adversaries shifting from one argument to another.
8) A disputant should dispute with an opponent from whose knowledge he expects to benefit, one who occupies himself with legitimate religious knowledge.

After presenting his eight conditions Imam Ghazali states that there are others of minor importance, “but in these eight conditions there is that which will show you the difference between those who dispute for the sake of Allah, and those who do so for an ulterior motive.” (The Non-Asha`rite Shafi`ism of Abu Hamid Ghazali)
 

The Author

The author is Abu al-Ikhlas al-Hasan b. `Ammar b. `Ali b. Yusuf he was born in Shrunbalal in 994 A/H.  He commenced his studies at the prestigious seat of learning, al-Azhar, Cairo, under the patronage of some of the most eminent scholars of his time. He himself later became a scholar of great repute and a copious writer, whose works exceed fifty in number.  The Shaykh passed away in 1069 A/H.
 

Notes On The Text

The Nur al-idah is a classical text on sacred law, and for generations has been one of the most widely taught texts used to transmit Hanafi fiqh. Generations of scholars and layman alike have been taught the Nur al-idah, which gives them sufficient grounding in the basic masa’il they encounter daily.
 
 
 
 

About This Compilation

Throughout this work, the main text has been based on the Nur al-idah, whilst any text in brackets has been taken from reliable Hanafi sources and commentaries on the Nur al-idah.  These sources are sometimes mentioned in abbreviation, before the closing bracket.  Bracketed commentaries marked by ‘Z’ indicate a synopsis not a full translation from supplementary works so as to allow more leeway in explaining complex rulings within the text.  I have refrained from inserting anything from my part except what was essential for the clarification of the text.  A number of contemporary fatawa have been taken from Mufti Rashid Ahmad’s Ahsan al-fatawa. The chapter regarding the rulings of the water from the well has been omitted because of its irrelevance to the society for which this book has been compiled.  Similarly, other rulings that may be a source of confusion for the reader without the assistance of a teacher have also been omitted.

Finally, I acknowledge that there are far more able individuals than myself to undertake this task, and therefore no claim is made that this work is free from error.  Yet despite my shortcomings, I have deemed it important to present this work because of the paucity of suitable material on the fundamental subject of tahara in the English language.
 

Zahir Mahmood,
Birmingham, England,
26 Rabi` al-Awwal 1421/27 June 2000
 

Abbreviations
 

ai = Ashraf al-idah sharh nur al-idah
 

Ahf = Ahsan al-fatawa
 

Mf  =  Maraqi al-falah sharh nur al-idah
 

Mf+t  =  Hashiya `ala maraqi al-falah sharh nur al-idah
 

Lub  = Lubab fi sharh al-kitab
 
 

Definitions of the Usul al-Fiqh
Terminologies to be found in this Work

1.1   While the majority of jurists regard fard and wajib as synonymous, the Hanafis draw a clear distinction between the two. Ishaq b. Ibrahim al-Shashi in defining the two states, “Linguistically fard means to decree, whilst in the Shari`a, it denotes that which is delineated in such a manner that no increase or decrease is possible.  The command of a fard is communicated by a definite (qat`i) text wherein there is no ambiguity, clear and specific.  To act upon it and to believe in it is binding…  wajib, technically means that which is established by a text of an ambiguous or
speculative (zanni) authority, such as an allegorically interpreted (mu’awal) verse.”

The majority of jurists and Hanafis agree that fard and wajib are both binding.  Fard is
communicated by a clear definite text with no ambiguity or speculation and wajib by a speculative text.  As a consequence the obligation emanating from a fard is of a greater degree than that from a wajib. The omission of a fard invalidates the act, such as the unanimous view of the jurists that the omission of the stay at `Arafa (def: 5.12 (s)), which is a fard act, renders one’s hajj null and void.
Whilst the omission of sa`i (pacing) between al-Saffa and al-Marwa (def: 5.12 (t)), which is communicated by a speculative authority will not invalidate the hajj.  Another distinction is that one who refuses to believe in a fard such as salah or zakah is rendered an unbeliever.  However, the denial of believing in an obligation established by a speculative authority will not make one an unbeliever. (edited excerpts from Usul al-fiqh, p.23 and Usul al-Shashi,  p.172)

The term wajib, when used in a non-Shari` context, has the connotation of ‘necessary.’ An example is ‘al-qir’at wajib `alayk’ (it is necessary that you read).  Whenever the term has occurred in this work, I have endeavoured to discern whether it is the Shari` or non-Shari` term that is implied.  However, if I have failed to understand its precise connotation at any place, such discrepancies are from Satan and myself, for which I seek refuge in Allah and seek His and your pardon.

1.2   Sunna mu`akkada (emphatic sunna) is an act upheld by the Prophet (may Allah bless him and grant him peace) perpetually whilst letting it be known that its performance is not fard, such as the two rak`ahs before the fard of the fajr prayer and after zuhr, maghrib and `isha’.  The abandonment of a sunna mu`akkada (emphatic sunna) is not punishable, but nevertheless the perpetrator will be reproached, because its omission would be tantamount to opposing that which the Prophet (may Allah bless him and grant him peace) perpetuated. (edited excerpts from Usul al-fiqh,  p.31)

The giving of non-obligatory charity for one who is capable, the four rak`ahs before `asr and `isha’ are sunna ghayr mu`akkada, namely, actions which the Prophet (may Allah bless him and grant him peace) did not perform perpetually. (edited excerpts from Usul al-fiqh, p.31)  It is also referred to as mustahab.

1.3   Adab (sing: adab) is that which the Prophet (may Allah bless him and grant him peace) did only once or twice throughout his life.  It is a rewardable act with no reproach for one who abandons it.  It has also been defined as praiseworthy manners.  (Maraqi al-falah, p.111)

1.4   Haram is an obligatory command from the Lawgiver demanding abstinence from something. It is communicated by a definite authority. Examples are eating the flesh of a dead animal, drinking alcohol, fornicating, adultery, unjustly killing someone and many others. (edited excerpts from Usul al-fiqh, p.33)

1.5 Makruh according to the Hanafis is a command for abstinence from something established by a speculative proof.  It is divided into two categories, namely, makruh tahrim and makruh tanzih.  The former is closer to haram and can also be defined as being in diametrical opposition to a wajib.  Makruh tanzih is closer to mubah and in diametrical opposition to a mustahab. (edited excerpts from Usul al-fiqh, p.36)

1.6   Mubah is an allowance from the Lawgiver to a mukallaf  (a competent person who is in full possession of his faculties) in performing or refraining from an act, such as eating or drinking.  Shawkani defined mubah as that “upon which no commendation is shown upon its performance or omission.”  At times it is used to illustrate the permissibility of a generally prohibited act such as the statement ‘The blood of an apostate is lawful (mubah)’ meaning there is no harm upon one who
kills him.  Mubah is also referred to as halal and ja’iz. (edited excerpts from Usul al-fiqh, p.36)

1.7   Communal obligation (al-fard al-kifaya)  is an obligation which is incurred upon all, without specifying those who should perform it. Its obligation upon all will be lifted if fulfilled by a few. Examples of al-fard al-kifaya are the funeral prayer, to enjoin good and forbid evil, furnishing definite proofs upon the existence of Allah etc. (al-Mawsu`a al-fiqhiya, (32/96))
 

Water
 

2.1   There are seven types of water with which cleanliness can be achieved:

(1) rainwater;
(2) seawater;
(3) river water;
(4) well water;
(5) water from melted ice;
(6) water from melted hail;
(7) and spring water.

2.2   Water (with regards to its states) can be one of five types:

(1) Mutlaq  (pure) water: water which is intrinsically pure and purifying for others but is not makruh (def: 1.6) [Z: the last clause will become clearer whilst discussing the next type].

(2) Water which is intrinsically pure and purifying for others, but is makruh.  This is a small quantity of water (def: 2.2 (4)) from which a cat or a similar animal has partaken.

(3) Water which is intrinsically pure, but not purifying for others; that which has been used (musta`mal) to remove a state of ritual impurity, or used for the sake of attaining rewards, such as wudu’ performed afresh by one who already has wudu’ with the intention of wudu’ [Z: in order to obtain reward and not merely for the sake of cooling oneself down or removing dust from one’s limbs,  ai: p.8].

Water becomes used (musta`mal) by its mere separation from the body.

[Z:  If a junbi (one in a state of major ritual impurity) inserts his hand which is free from any apparent najasa into a bowl of water, then that water will be rendered musta`mal. This is provided that other means of extracting the water are available.  If there is no other means then the water shall remain mutlaq.   (def: 2.2 (1)),   Ahf: 1/140].

 Cleanliness cannot be attained by using water from a tree or fruit even if it has come forth without being squeezed.  Nor can it be attained from water, which has lost its nature through being cooked or through the predominance of something else over it.

 Predominance when water is mixed with a solid substance occurs when that water loses its thinness and liquidity, and thus such water no longer remains fit for wudu’.

 When mixed with a solid substance, such as saffron, fruit and leaves of a tree, then the water shall continue to be purifying even though all its qualities [colour, smell and taste] have changed.

 Predominance when water is mixed with a liquid, which has two qualities, is that one of these qualities becomes apparent in the water, such as milk, which has the qualities of colour and taste but not smell. Thereby, when water is mixed with a liquid that has three qualities, when two of these qualities become apparent in the water this signifies predominance, an example of such a liquid is vinegar.

 Predominance when water is mixed with those liquids, which have no qualities, will be judged according to proportion such as in the case of used water or rose water from which the smell has diminished.  Thus if two litres of used water are mixed with one litre of pure water, then wudu’ is not permissible with it.  It would be permissible if the proportion is to the contrary.

(4) Impure water: A small quantity of stagnant water in which najasa (def: 10.1) has fallen.  A small quantity of water is that amount which is less than ten by ten. [Z: Ten by ten in current measurements in a surface, the product of its width and length  being 225ft or 20.9m]. It will be regarded impure [if najasa falls into it] even though the signs of najasa are not visible.  The signs of najasa are; taste, colour and smell.

[Z: The death of those animals which have no flowing blood does not make the water impure, whether they died in the water, or outside and thereafter were thrown into it.   (Lub:1/22)  Similarly the death of those animals which live in the water do not make it impure, such as fish, frogs or crayfish,  Lub: 1/23].

(5) Water in whose quality of cleansing there is a doubt; from which a donkey or mule has drunk.

When some pure pots of water are mixed with impure ones, but the majority are pure, then one is obliged to discern the pure ones if intending to do wudu’ or drink water.  If on the other hand the majority are impure then one is exempted from doing this, unless one intends to drink water, [because as a substitute for wudu’ one may perform tayammum,   Mf: p.76].  If pure and impure clothes are mixed then one is required to discern the pure from the impure regardless whether the majority are pure or impure.

Su’r  (Remnant Water)

3.1   When an animal drinks from a small quantity of water (def: 2.2 (4)) the remaining water is then known as su’r.  This is of four types:

(1)  The water is clean and cleansing, e.g. from which a human, horse or those animals whose meat is lawful for consumption have partaken. [Z: If after consuming something unlawful in the shari`a such as wine, pork etc, one immediately drinks some water his su’r  will be impure,   ai: p.14].

[Z: It is makruh to partake from the su’r of such a person through whose su’r one attains sensual pleasure, with the exception of a married couple,   Mf+t: p.20].

(2)  Impure water, its usage is unlawful, e.g. water from which a dog, swine or any other predatory animal such as a cheetah or wolf has partaken.

(3) The usage of what is makruh whilst other (pure) water exists, such as the su’r of a
(domesticated) cat [Z: which is makruh  if one possesses other food or water. However, for a hungry destitute it is permitted.  Whilst, the su’r of a wild cat is impure,   Mf: p.74]; as is the su’r of an undomesticated chicken [because of the possibility that it may have inserted its beak into impurity,   Mf: p.74]; the su’r of predatory birds such as a hawk, falcon or kite is makruh, [if the bird is encaged and the owner is sure that there is no najasa upon its beak, then it is not makruh.   Sharh
fath al-qadir, 1/113].  Similarly, the su'r of a rat is makruh.

(4) Water whose quality of purifying is doubtful, from which a mule or donkey has partaken.  If no other water exists then one should do both wudu’ and tayammum and then pray.

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Istinja’ (Cleansing the Private Parts after answering the Call of Nature)

4.1   It is compulsory that one ensures that the drops of urine have ceased, and that one’s heart is content according to one’s general habit, either by walking, coughing, lying down or any other method.  [Z: Other methods, which may be used, are to gently press one’s penis or place a tissue under one’s lower garment and take a brisk walk, methods may vary in accordance with the severity of one’s problem].

4.2   It is unlawful to perform wudu’ until one is content that the drops of urine have ceased. [Z: If Satan is continually creating doubts about the leakage of urine, then these doubts should be ignored.
One should sprinkle some water over the genitals and the lower garment. Thereafter, when afflicted with doubt the wetness felt may be regarded as the sprinkled water.  This is in the case of a doubt, but if one is sure that the wetness is urine then the required measures for purification will have to be undertaken,   Mf+t: p.29].

4.3   It is sunna to perform istinja’ from any najasa that exits from the front or back passage of the private parts and has not spread past the orifice. However, it is wajib if the najasa has spread past the orifice and is equivalent to the size of a dirham.  And fard if it has spread more than a dirham. [Z: A dirham is approximately the size of a British fifty pence coin].

4.4   To wash away whatever (najasa) is in the orifice whilst bathing to remove a state of major ritual impurity, menstruation and postnatal bleeding is fard.  Even though the najasa may be of a small quantity.

4.5 It is sunna to do istinja’ with a cleansing stone or the like [Z: all things pure and not valued or venerated can be used in place of a stone,   Mf+t: p.30].  To perform istinja’ with water is preferred.  The best is to combine both water and stone, first by wiping with the stone and then washing.  To use only water or to wipe with stones alone is also permissible.

[Z: Paper being a source of attaining knowledge is a venerated item, thus to perform istinja’ with it is makruh tanzih. Whilst the usage of toilet paper which is specifically made for the purpose of istinja’ and not for writing is permitted,   Ahf: 1/108].

4.6   The usage of a prescribed number of stones is mustahab and not sunna mu`akkada.

To use three stones is mustahab, even though one may achieve cleanliness with less.

4.7   Method of performing istinja’: if one’s testicles are hanging one should wipe with the first stone from the front to the back and with the second from the back to the front and with the third from the front to the back [for fear of defiling one’s testicles,   Mf: p.89].  If the testicles are not hanging, then one should start from the back.  A female should start from the front to the back for the fear of defiling her vagina.

4.8    Thereafter, one should wash the hand and using water wipe the soiled area with the inner side of one, two, or even three fingers if needed.  A male will raise his middle finger over the rest when commencing the istinja’ [then after washing slightly,   Mf: p.90] he will raise the ring finger [Z: and if need be then the small finger and then the index finger,   Mf: p.90].  One should not suffice upon the use of one finger.  A female should raise her ring and middle finger simultaneously from the outset for
fear of being sexually aroused.

4.9   The utmost should be done in cleansing oneself until the foul smell has been eliminated, whilst thoroughly relaxing one’s buttocks [Z: so as to clean what is in the passage to the best of one’s ability,   Mf: p.91], unless fasting.  Upon completion one should wash the hand again.  If fasting one should wipe oneself before standing.

4.10   It is unlawful to uncover one’s `awra (the private parts that need to be covered) for istinja’ in the presence of others. [Z: If one does, he will be regarded a fasiq.  The uncovering of one’s `awra in the presence of others is haram (def: 1.5) and the perpetrator of a haram act is regarded as a fasiq, regardless of whether the najasa has spread past the orifice or has exceeded the size of a dirham,   Mf+t: p.32].

If the najasa has spread past the orifice and covered an area more than that of a dirham, then with the availability of any substance that will remove the najasa, ritual prayer is unlawful.

One should try to remove the najasa without exposing one’s `awra in the presence of others.

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It is makruh (def: 1.6) to perform istinja’  with:

(1) a bone [because it is the food of the jinns,   Mf: p.93];

(2) the food of a man or animal [Z: as this would be disrespectful to sustenance,   Mf: p.93];

(3) baked bricks, pottery, charcoal;

(4) glass, gypsum [Z: because of the physical harm that it may cause,   Mf: p.93];

(5) items of value, such as a piece of velvet or cotton;

(6) and the usage of the right hand without an excuse. [Z: The scholars are unanimous that it is mustahab to start with the right in all those things of reverence, such as wudu’, bathing, wearing clothes, shoes, socks, trousers, when entering the mosque, when performing miswak, applying antimony, trimming the nails, plucking the hair from the armpits, when shaving the head, performing the salam at the termination of the prayer, when departing from the lavatory, whilst drinking, performing istilam (kissing) of the hajr al-aswad (the black stone), when taking, giving and other
similar tasks.  It is mustahab to start from the left when performing those actions which are to the contrary, i.e. not revered, such as blowing the nose, performing istinja’, when entering the lavatory or departing from the mosque, removing the khufayn, shoes, trousers or other garments,   al-Binaya, 1/188].

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4.11   Adab (def: 1.3) of relieving oneself:

(1) One should enter the toilet leading with the left foot;

(2) before entering seek refuge in Allah from the rejected Satan. [Whilst in the open one should recite the supplication before uncovering oneself,  I`la al-sunan 1/451];
 

Allahumma inni  a`udhu bika min al-khubuthi wal khaba’ith

[O Allah I take refuge in You from demons, male and female];

(3)  one should sit leaning upon the left foot;

(4) and not speak, except out of necessity.

It is makruh tahrim (whilst relieving oneself) to have one’s face or back towards the Qibla, even though one is in a building. [Z: It is also makruh to hold a child to urinate towards the Qibla, Mf: p.95]. To urinate towards the sun or moon is makruh [being two great signs (ayas) of Allah.  However, this act is considered makruh tanzih rather than makruh tahrim according to Ibn `}bidin,   Mf: p.95]; it is also makruh to sit and urinate in the direction of the wind.  [Z: The reason for this is that the wind may blow the urine back to the person, thus causing his clothes to be soiled and the Prophet (may Allah bless him and grant him peace) warned against this in a number of
ahadith].

4. 12   It is makruh:

(1) To urinate or defecate in water;

(2) under some shade; in a hole; on the path;

(3) under a fruit tree;

(4) or urinate standing without an excuse.

[Z: It is makruh to enter the toilet wearing anything with the name of Allah,   Mf: p.96.  Abu Da’ud and Tirmidhi have related upon the authority of Anas (may Allah be pleased with him) that he said, “When the Messenger of Allah (may Allah bless him and grant him peace) would enter the lavatory he would remove his ring, “because engraved upon it was ‘Muhammad the Messenger of Allah.’”  Tibi commenting upon this states, “In this there is a proof that it is wajib upon the one performing istinja’ to remove anything with the name of Allah upon it or His Messenger or anything from the Qur’an.  Ibn Hajr has stated, “that it can be derived from this that it is mustahab to remove anything which has a revered name upon it from the Names of Allah, the Prophets or Angels.”  Not to remove it would be deemed makruh due to disrespect,   Mf+t p.35].

One should leave the lavatory with one’s right foot then recite “[O Lord] Your forgiveness.  Praise be to Allah who rid me of the filth and gave me health.”

Ghufaranak alhamdulilla hilladhi adhhaba `annil adha-wa- `afani

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Wudu’  (Ablution)

5.1   The reason for performing wudu’ is to make lawful that which is otherwise unlawful without it, these are its benefits in this world.  Whilst its benefits in the Hereafter is the attainment of rewards.

5.2   Wudu’  consists of four fard  (def: 1.1) acts:

(1) To wash the face from the point where the hairline usually begins to the bottom of the chin in length, and in breadth the portion between the two earlobes. [Z: The definition of washing (ghasl) is that at least a couple of drops should flow off the limbs,   Lub: p.6];

(2)  washing the arms up to and including the elbows;

(3) to wash the feet up to and including the ankle bones;

(4) and to wipe with a moist hand (mash) over a quarter of the head.

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5.3 Conditions for Wudu’ to be Fard

(a) Sanity;

(b) puberty;

(c) one must be a Muslim;

(d) to possess enough water [Z: to be able to wash the required limbs at least once,   Mf: p.100];

(e) to be ritually impure [the performance of wudu’  for one who is already in the state of wudu’ is not necessary,   Mf: p.100];

(f) to be free from menses and postnatal bleeding;

(g)  and to have enough time. [Z: The obligation of wudu’ is dropped if there is insufficient time to perform wudu’ before the expiry of the salah time.  However, this should not be understood to mean that prayer is permissible without wudu’. One will be required to make up the prayer later with wudu’].

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5.4   Conditions for the validity of Wudu’

(1)  Pure water reaches the skin of those parts which are required to be washed;

(2)  that one is free from those things which are incompatible with wudu’, such as menses, postnatal bleeding, factors perpetuating ritual impurity, [such as the intermittent drops of urine and the occurrence of that which invalidates wudu’, Mf: p.101];

(3)  and the removal of that which prevents the water from reaching the skin, such as wax and fat.  [The same applies of waterproof glue, paint, nail polish, and so forth on the nails or skin: if it prevents water from reaching any part of the nails or skin no matter how small, one’s ablution or purificatory bath is not valid,   Reliance of the Traveller,  p.67].

5.5   It is incumbent to wash the visible part of a thick beard [through which the skin is not visible, Mf: p.101].  As for a sparse beard it is incumbent that the water reaches the skin.  Whilst it is not necessary that water reaches the hair hanging from the periphery of the face, nor that water reaches the concealed part of the lips when the mouth is closed.

5.6   If the fingers are tightly held together, or a nail has grown so long that it has covered the finger tip, or there is something in the nail which prevents the water from reaching the finger tip, such as dough, then it will be incumbent [to remove the substance,  Mf: p.102] and wash underneath.  Substances such as dirt do not prevent the penetration of water.

5.7   It is incumbent that a tight ring be moved about.  If washing the cracks in one’s feet is harmful, then it will suffice to allow water to flow over the medicine applied to them.

5.8   One is not required to repeat the mash or washing of any limb from where the hair have been shaved, nor is one required to wash after cutting one’s nails or trimming one’s moustache.

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Sunnas of Wudu’

5.9   There are eighteen sunnas (def: 1.3) of wudu’:

(1)  Washing the hands including the wrists;

(2)  the recitation of the basmallah (the formula, ‘In the name of Allah the Most Compassionate the Most Merciful’);

(3)  to use the miswak (tooth-stick) when commencing the wudu’, to use one’s finger in the absence of the miswak. [Z: Regarding toothbrushes two things have to be taken into consideration, firstly the sunna of cleansing one’s mouth.  Secondly, the usage of the sunna siwak (the sunna instrument).  Regarding the sunna of cleansing one’s mouth in the absence of the sunna tooth-stick the jurists have stated that one may use a piece of cloth, tooth powder or even one’s finger.  As long as the bristles of the toothbrush are made of a pure substance the sunna of cleansing one’s mouth will
be fulfilled.  However, the virtues mentioned will only be attained through using the sunna tooth-stick which is from the olive, salvadora or margosa tree.  Similarly, using anything other than the sunna tooth-stick will not equal the benefits gained for one’s gums and teeth,   Dars-i-Tirmidhi, 1/228].

[Z: the sunna method of using a miswak is to perform vertical strokes upon the teeth,
Dars-i-Tirmidhi, 1/225];

(4)  to rinse the mouth thrice, even if it is with a single handful of water;

(5)  to rinse the nose with three handfuls of water;

(6)  if not fasting, to rinse thoroughly the mouth and nose;

(7)  to saturate a thick beard by inserting a handful of water from underneath and then to comb it with the fingers upwards;

(8)  to pass the wet fingers of one hand into the gaps between the fingers of the other hand, [Z: whilst with the toes one uses the little finger of the left hand beginning with the little toe of the right foot and finishes with the little toe of the left,   Mf+t: p.46];

(9,10) to wash each limb thrice; to do the mash of the entire head once;

(11)  and the mash of the ears, even though it may be with the leftover water from the mash of the head. [The mash of the outside of the ear should be done with the thumb and the inside of the ear with the index finger,   Mf+t: p.47 (see: fig, 1)];

(12)  to rub the limbs;

(13) to perform the actions of wudu’ successively [which is to wash each limb before the former dries,   Mf: p.109];

(14)  to make an intention;

(15)  to observe the order ordained by Allah in the Qur’an;

(16)  to start from the right;

(17)  to commence the washing from the tips of the fingers and the performance of the mash of the head from the front;

(18)  to wipe the nape and not the throat (see: fig, 2);

It is an opinion that the last four are mustahab.

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Adab (def: 1.4) of Wudu’

5.10 There are fourteen adab of wudu’:

(1,2,3,4) To sit upon an elevated place; to face the Qibla; to take no assistance; and not to speak of mundane affairs;

(5)  to combine between the intention of the heart and a verbal formula;
(6)  to recite the transmitted supplications [from the Prophet (may Allah bless him and grant him peace), the Companions and their Successors,   Mf: p.112];

(7,8,9) to recite the basmallah whilst washing or doing mash of each limb; to insert one’s small finger into the canals of the ears; and to move a loose ring;

(10,11) to use the right hand in inserting the water into the mouth and nose; and to use the left hand to clean the nose;

(12)  for other than a ma`dhur (def: 9.10) to perform wudu’ upon the entry of the salah time;

13) to recite the two declarations of faith after completing the wudu’;
 

Ashhadu alla illaha ilallahu wa ashhadu anna Muhammadan abdhu wa ar-rasulluhu

14) to drink the remainder of the water of wudu’  standing and then to recite, “O Allah make me from the repenters and make me from those who attain purity.”

Allahum maj’alni minat tawwabina wa j’alni minal mutat ahhirin

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Makruh (def: 1.6) acts in Wudu’

5.11   The makruh acts in wudu are six:

(1)  Wasting water [Z: that is when one exceeds the sunna method,   Mf+t: p.53];

(2)  being miserly with it [Z: that is when one uses less than the sunna method,   Mf+t: p.53];

(3)  to splash one’s face with water;

(4)  to speak of mundane affairs;

(5)  to seek the assistance of others without an excuse;

(6)  and to do mash of the head thrice with new water.

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Types of Wudu’

5.12   There are three types of wudu’ :

(1) Fard (def: 1.1), upon one who wishes to perform a ritual prayer, even though it be nawafil (supererogatory prayers), or the janaza (the congregational prayer over the deceased, the performance of which is al-fard al-kifaya (def: 1.8)), or for sajda al-tilawa (prostration which becomes obligatory upon reciting certain verses of the Qur’an), or to touch the Qur’an, even a single verse;

(2)  wajib (def: 1.1), for the circumambulation (tawaf ) of the Holy Ka`ba;

(3)  and mustahab (def: 1.2);

(a) for one wishing to sleep in a ritually pure state;
(b) upon awaking;

(c) so that one can be continuously in the state of wudu’;

(d) for the performance of wudu’ for one who is already in the state of wudu’;

(e) after backbiting, telling lies, carrying tales and any other sin;

(e) after the recitation of [foul,   Mf: p.120] poetry;

(g) after laughing loudly outside salah;

(h) after bathing or carrying a dead body;

(i) for the time of each salah;

(j) before bathing from major ritual impurity;

(k) before eating, drinking and sleeping for the one in a state of major ritual impurity;

(l) before having sexual intercourse;

(m) upon becoming angry;

(n) for the recitation of the Qur’an;

(o) the reading and transmitting of ahadith;

(p) for the studying of sacred knowledge. [Z: It is unlawful to touch books on Qur’anic exegesis without wudu’ if the original Qur’anic text is more than the exegesis.  If on the other hand the exegesis constitutes the greater part then it is lawful provided one does not put his hands directly on the Qur’anic verses,   Ahf: 1/27];

(q) before performing the adhan (call to prayer), iqama (call for commencement) and khutba (Friday sermon);

(r) when visiting the tomb of our master the Prophet (may Allah bless him and grant him peace);

(s) for staying at the plain of `Arafa (the name of a plain approximately thirteen miles to the east of Makkah);

(t) before pacing (sa`i) between al-Saffa and al-Marwa (two hillocks connected by a course adjoining al-Masjid al-Haram);

(u) after eating camel meat;

(v) and to avoid the differences of the scholars by performing wudu’ (after performing an act upon which they differ) such as touching a female.

[Z: An additional two categories which may be introduced are makruh (def: 1.5) and haram (def: 1.4), an example of the former, is to perform wudu’ whilst still in the state of wudu’ without having performed any such worship which necessitates wudu’.  An example of the latter is to do wudu’ whilst still in the state of wudu’ with the water of an Islamic institute (madarasa) or waqf (endowment) water,   Mf+t: p.45].

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Things that Nullify the Wudu’

5.13   There are twelve things that nullify wudu’:

(1)  Anything which exits from the front and back passage of the private parts, besides wind from the front passage:

(2)  after giving birth even though no blood is visible;

(3) the flowing of impurity from anywhere else other than the front and back passage of the private parts, such as blood and puss.

(4)  Vomiting a mouthful of food, water, blood clots or bile.  The correct view on determining ‘a mouthful ’ is that one is unable to close one’s mouth except through difficulty.

Vomiting several times is regarded as vomiting once, if gathered, the summation would reach a mouthful provided that the cause for each vomit is the same.

(5)  An equal amount or predominance of blood upon one’s spit.  [Z: If the spit is yellowish this would indicate to the predominance of the spit; whilst a reddish colour would indicate to the predominance of blood. This ruling applies when the emission of blood is from the gums.  However, if it is from the head or chest, then however small the amount of blood, it shall annul the wudu’ ,  ai: p.49];

(6) to sleep in such a way that one’s buttocks are not firmly established upon the earth;

(7) or to sleep in such a way that one’s buttocks rise off the floor before one awakes, even though one may not fall as a result of them rising.

[Z:  The `illa (reason) why wudu’  breaks when one sleeps is not ‘sleep’ itself, but the possibility that as a result of sleeping one’s limbs may have become so relaxed that they may have allowed wind to escape.   This is why if one sleeps in a posture in which the limbs remain stiff, such as sleeping in sajda (prostration) or ruku` (bowing) then one’s wudu’ will remain intact].

(8,9,10) Due to losing consciousness, or one’s sanity and upon becoming drunk;

(11)  loud laughter by a conscious adult in any ritual prayer consisting of ruku` (bowing) and sujud (prostrating).  [Z: Loud laughter (qahqaha) is when one standing in close proximity can hear the laughter. Laughter (dihk) which only the one laughing is able to hear will annul one’s salah but not the wudu’ and smiling (tabassum) would have no bearing on either,   Mf: p125].

(12)   Rubbing a vagina with an erect penis without any form of a barrier.  [Z: If the barrier is thin such as a condom or a thin piece of clothing through which one can feel the sensation then this will annul the wudu’,   ai: p.49].

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Things that do not Nullify Wudu’

5.14   Things that do not nullify wudu’  are ten:

(1)   Blood which has not flowed from its wound; [If one wipes the blood from the head of the wound, such that if it was not wiped the impurity would spread, then the wudu’ will be considered invalid,   Sharh fath al-qadir, 1/39];

(2)  the loss of a piece of flesh without any blood flowing;

(3)  the exiting of a worm from one’s wound, ear or nose;

(4,5) touching one’s penis, [or vagina or anus,   Mf: p.127]; or a female;

(6,7) vomit which is not a mouthful; or a mouthful or more but that of phlegm;

(8,9)  the swaying of a sleeping person in such a way that it is possible that his buttocks may have lifted; or one whose buttocks are established upon the earth, even though he is leaning upon an object which, if removed, would cause him to fall;
10) the sleeping of one who is praying, even though it may be whilst performing ruku or sujud, provided he maintains his posture according to the sunna.  [If one’s posture is no longer according to the sunna, then one’s wudu’ will be invalidated such as one’s arms collapsing upon the rib area or the stomach collapsing upon the thighs in sujud,   ai: p.51].

Ghusl  (Bathing)

Things that necessitate Ghusl

6.1   Things that necessitate ghusl are six:

(1) The emission of sperm which has departed from its origin [which is the loins,   Mf: p.50], whilst one is in a state of sexual arousal provided this emission has taken place without intercourse. [Z: In the case of intercourse, mere penetration compels a bath there is no condition of emission].

[The departure of the semen from its place of origin without one being in the state of sexual arousal does not obligate ghusl, such as its emission upon picking up a heavy object,   ai: p.53];

(2)  the insertion of the head of the penis (circumcised portion) or a portion which is equivalent to the head if the penis is cut into the vagina or anus of a living person;

(3)  one who awakens to find a thin liquid and his penis was not erect before sleeping [Z: if the penis was erect prior to sleeping it is a likelihood that the wetness is madhi (def: 6.2 (1)), ai: p.53];

(4) when recovering from intoxication or upon regaining consciousness one finds some wetness which one believes to be sperm;

(5) upon the stopping of menstruation;

(6) or postnatal bleeding.

Even though the aforementioned things may have occurred prior to embracing Islam.
It is al-fard al-kifaya (communal obligation (def: 1.8)) to bathe a dead person.

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Things that do not necessitate Ghusl

6.2   Things that do not necessitate ghusl are eight:

(1,2) The emission of madhi [a thin, sticky, white fluid caused by amorous play or kissing] or wadi [a thick white cloudy liquid, which has no smell.  It generally exits after one urinates and occasionally before];

(3) upon witnessing an erotic dream but awaking to find no wetness;

(4) to give birth without any visible trace of blood succeeding it;

(5)  the insertion of a penis which is wrapped in such a cloth that prevents sexual arousal;

(6)  after the administration of a medicine to a sick person by his anus;

(7) by inserting a finger or something similar into the front or back passage of the private parts;

(8) and penetrating a virgin in such a manner that she does not become deflowered provided one has not ejaculated.  [Z: Her virginity remaining intact would ensure that the circumcisible parts did not meet in a way that would necessitate a purificatory bath,   Mf: p.136].

[Z: Ghusl is not fard upon a woman who during postnatal bleeding, experiences a wet dream. A single purificatory bath will suffice for both the wet dream and postnatal bleeding upon the termination of the bleeding,   Ahf 1/32].
The Fara’id (sing:  Fard  (def: 1.1)) of Ghusl

6.3   There are eleven fara’id of ghusl:

(1,2,3)  To rinse the mouth and nose and wash the entire body;

(4,5,6)  to clean the inner part of the circumcisable part provided it can be opened without any difficulty; to wash the inner part of the navel; to wash the inside of a hole which has not sealed;

(7)  to undo the plaits of a man’s hair, even if water reaches the roots.  A female is exempt from undoing her plaits as long as the water reaches the roots; [If a woman’s hair is so compact that it prevents the water penetrating to the roots then it is obligatory to open the plaits,   Mf: p.138];

(8,9,10) to ensure that water reaches to the skin underneath the beard, moustache and eyebrows;

(11) and to ensure that water reaches the external part of the vagina, [Z: that area that is generally regarded necessary to wash in istinja’, ai: p.56].

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The Sunnas of Ghusl

6.4   The sunnas of ghusl are twelve:

(1)  To begin with; ‘In the Name of Allah the Most Beneficent, The Most Merciful’;

(2) to make an intention;

(3) to wash the hands up to and including the wrists;

(4)  to wash away the najasa even though it be on separate places, [Z: this should be done before commencing the bath,   Mf: p.140];

(5) to wash the sexual organs;

(6) to perform wudu’ as one does for salah, to wash thrice and to do mash of the head;

(7) to delay the washing of the feet if one is standing in a place where water accumulates;

(8)   to pour water over the entire body thrice, or by plunging into running water or anything of similar legal status [such as a large quantity of water (def: 2.2 (4))], if after plunging in such water one remains therein a while the sunna will also be fulfilled.  [To wash thrice is sunna so as to ensure that water reaches all the required parts. By remaining under the water the sunna of making the water reach all parts will be fulfilled,   ai: p.59.  Provided that it is performed after rinsing the mouth and
nose, otherwise one is still obliged to rinse the mouth and nose, and its omission would lead to the invalidity of the purificatory bath,   ai: p.58];

(9,10) one should begin by pouring water over one’s head, then the right shoulder thereafter the left;

(11)  to rub the body;

(12)  and to be continuous in washing [Z: one should not wait so long that the previously washed limbs become dry,   ai: p.58].

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The Adab (def: 1.4) and Makruh (def: 1.6) things in Ghusl

6.5   The adab are the same as that of wudu’  (see: 5.10), except that one should not face the Qibla, because generally one is in a naked state.
6.6   That which is makruh in wudu’ (see: 5.11) is makruh in ghusl.

[Z: If the bathroom is filthy, then one should enter like one does the toilet with the left foot leading.  As mentioned it is sunna to recite the basmallah before the ghusl, however in a filthy bathroom the recitation will occur before entering the bathroom and the supplication (du`a) for after the wudu’ will be recited upon leaving.  In a clean bathroom which has no toilet, the basmallah may be recited before removing one’s clothing,  Ahf: 1/37].

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Occasions when Ghusl  is Sunna

6.7   There are four occasions when ghusl is sunna:

For the (i) jumu`a, (ii) `id prayers, (iii) for wearing the ihram (the state of consecration that pilgrims enter for hajj and `umra),  (iv) and after the zenith (zawal) at the `Arafa (def: 5.12 (r)) for one performing hajj .

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Occasions when Ghusl is Mustahab

6.8   There are sixteen occasions when ghusl is mustahab;

(1)   For one embracing Islam while free from major ritual impurity [if the person is in the state of major ritual impurity then ghusl is fard,   ai: p.61];

(2)   one who has become mature through age [the prescribed age is fifteen for a boy or girl,   Mf: p.146];

(3)   upon regaining one’s sanity [or recovering from a drunken state or upon regaining consciousness,    Mf: p.146];

(4)  after cupping;

(5)  after bathing a dead body;

(6)  for the night of immunity (laylat al-bara);

(7)  for the one who observes the night of decree (laylat al-qadr);

(8)   for entering into Madina, the city of our master Muhammad (may Allah bless him and grant him peace);

(9)   for the morning stay at Muzdalifa upon the day of immolation;

(10)   upon entering into Makkah for the tawaf al-ziyara [Z: due to the occurrence of tawaf al-ziyara, ramya al-jimar and the stay at Muzdalifa all on one day, one bath with the intention of all three will suffice,   Mf+t: p.79];

(11,12,13) for the eclipse of the sun, of the moon and seeking rain prayers;

(14,15,16) for the prayer of fear (salah al-khawf ) and due to darkness [during the day,   Mf: p.147] or a strong wind.

[Z: It is also mustahab to perform ghusl for one returning from a journey or one wanting to repent, one about to be killed, upon recovery from irregular vaginal bleeding and for the one who has najasa (def: 10.1) upon his body but is unsure exactly where it is,   Mf: p.147]
 

Other relevant issues:

6.9   [Z: A narration related by Imam Muslim, delineates the requirement to trim the moustache, nails, pluck the hair from the armpits and shave the pubic hairs within the period of forty days.  However, the prescription of forty days is to illustrate the maximum period one should forgo without performing the aforementioned acts and not necessarily the most preferable period.  The Prophet (may Allah bless him and grant him peace) would trim his nails and moustache every Friday (before the jumu`a prayer) he would shave around his private parts after every twenty days and pluck the
hair from his armpits every forty days.

It must be borne in mind that the purpose of shaving is to remove any hair that may impede one from attaining thorough cleanliness, therefore, no minimum period can be appointed given that the rate as to which hair grow differ from person to person. The recommended method would be that one shave before the hair grow so long that they become an obstacle in attaining cleanliness provided this is performed within the period of forty days.  To exceed forty days is makruh,   Kawkab al-durri `ala jami` al-tirmidhi, 3/401.

One should shave the hair directly around or on the penis, testicles and vagina and that what is around the rear passage, Sharh sahih muslim, 3/150].

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Tayammum (Dry Ablution)

7.1   There are eight conditions for its validity:

(1)   Intention is a mental resolve upon the action. The time for the intention is when one places his hands upon the substance with which one intends to do tayammum.  There are three conditions for the validity of the intention (i) that one should be a Muslim; (ii) possess the faculty whereby one can elicit meanings; (iii) and the knowledge of what one is intending, [if one recites the intention in Arabic
without understanding the meaning such an intention is not valid,   ai: p.64].

One of three things are a condition for one’s intention of tayammum to suffice for performing salah with it: (i) to remove ritual impurity; (ii) that one becomes legally fit for salah; (iii) and to be legally fit for a specific worship which is not valid without legal purity.  If whilst performing tayammum one has intended nothing more than tayammum, then with such a tayammum one shall not be permitted to perform salah.  Similarly, when one has performed tayammum for the recitation of the Qur’an [Z:
this applies to mere recitation without touching the Qur’an], it is unlawful to perform salah with such a tayammum [because mere recitation does not necessitate legal purity], unless one was in the state of major ritual impurity.

(2)   One who has a legitimate excuse to perform tayammum, such as: being a mile from water, though in a city, illness or severe cold or one who fears that performing wudu’ may result in the loss of a limb or one may become ill. Similarly, for the fear of an enemy, [such as a human or anything else, this fear maybe for one’s life, property or something entrusted to one,   Mf: p.152], or thirst, or when the water is needed for baking bread, this does not apply to cooking a curry, in the absence of a necessary instrument for obtaining the water, [such as a rope or bucket,   Mf: p.153], upon the
fear of missing the janaza (def: 5.12 (1)) or `id prayers,  for the one whose wudu’ breaks whilst performing the janaza or `id prayers [Z: and fears that by the time he performs wudu’ the congregational prayer will have finished], even though he may have begun his salah with the Imam and then his wudu’ broke.  This ruling does not extend to the one who fears that he will miss the jumu`a prayer, or the prayer time will expire for anyone of the five daily prayers.

(3)   Tayammum should be performed with a pure earthly substance, such as soil, stone and sand and not upon wood, silver and gold. [It is unlawful to do tayammum with anything which becomes ash after being burnt, or with that which melts like gold and silver,   ai: p.64].

(4)  That all the required area be covered [which is the face, hands and arms up to and including the elbows,   Mf: p.155] with the wiping.

(5)  One should perform the wiping with the entire hand or the greater part of it; it shall not suffice to wipe with two fingers, even though by repeatedly wiping one covers the required area.  For the wiping of the head during wudu’ this repeated action will suffice.

(6)  To gently strike one’s palms on the earth twice, though these strikes maybe in one place.  If one rubs the soil already upon one’s body with the intention of tayammum this will substitute for the two strokes.

(7)   The termination of those things which are incompatible with tayammum, such as menstruation, postnatal bleeding or factors perpetuating ritual impurity.

(8)  The removal of those things which prevent mash such as wax and fat.

7.2   The reasons for tayammum and the conditions for it being fard are the same as those for wudu’ (see: 5.3).

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There are Two Integrals of Tayammum:

7.3   The wiping of the face and arms up to and including the elbows.
 

The Sunnas of Tayammum

7.4   There are seven sunnas of tayammum

(1,2,3) The recitation of the basmallah (def: 5.9 (2)) before commencement; the observance of the order; [as illustrated by the Prophet (may Allah bless him and grant him peace),   Mf: p.158]; to perform the tayammum uninterruptedly;

(4,5,6,7) to move the hands forwards and backwards when placed upon the soil; to shake off the
soil; and to keep the fingers wide open [whilst striking the soil,   Mf: p.158].

7.5   It is mustahab to delay the tayammum for the one who anticipates that he will attain water
before the expiry of the salah time.  And obligatory for the one who has been promised water [and
the promise is made by one who has water within the radius of a mile,   ai: p.70], even though one
may fear that the salah time may expire.

7.6   It is obligatory to delay the prayer for one [who is naked Mf: p.159] and has been promised
clothing.  It is also obligatory for one who has been promised an instrument for attaining water [such
as a rope or bucket,   Mf: p.159], however, this is when one does not fear the expiry of the salah
time.

7.7    It is incumbent to seek water from one possessing some, if one is in a place where people are
generally not miserly with it.  If it cannot be acquired without paying the average price, then its
purchase is obligatory unless one has only enough wealth for his basic requirements.

7.8   It is permissible to perform any number of fara’id (obligatory prayers) and nawafil
(supererogatory prayers) with a single tayammum.  It is also permissible to perform the tayammum
before the admittance of the time of salah.

7.9   If half or more of the body is wounded then one may perform tayammum; [Z: in wudu’ the
four limbs which are fard (see: 5.2) will have to be taken into consideration, whilst for a purificatory
bath it is the entire body]. If, however, the greater part is free from wounds then one should wash the
unwounded limbs and wipe over the wounded ones.  It is not permitted to combine between
washing and tayammum.

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Those things which Nullify Tayammum

7.10   Tayammum is nullified by those things which nullify wudu’ and also with the availability of
sufficient water to perform wudu’ with.

7.11    When he whose hands and feet have been amputated has a wound upon his face, then he
may pray without purity (tahara) and will not be obliged to repeat the prayer.

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Mash' over the Khufayn (sing: khuf )

8.1   It is lawful for both men and women to do mash over the khufayn for minor ritual impurity.
Even if the khufayn are made of a thick substance other than leather, irrespective of whether the
soles are of leather or not.

[Z: Footwear, which is made of wool or cotton is known as jawrab. That which has a leather sole
and upper is known as mujallad, if only the sole is made of leather then it is known as mun`al.
Footwear, which is made of entirely leather, is known as khuf.  To do mash is lawful upon all the
aforementioned. However, if the jawrab is neither mujallad nor mun`al and is made of a thin
substance then it is unlawful to do mash upon it, Dars-i-Tirmidhi, 1/335].

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Conditions for the Permissibility of Mash over the Khufayn:

8.2   are seven:

(1)  That they be worn after washing the feet, even though this be before completing the wudu’, as
long as the wudu’ is completed before the occurrence of anything that invalidates the wudu’;

(2)  the khuf must cover [Z: the foot up to and including] the ankle;

(3)   it should be possible to walk continuously in the khufayn. It is unlawful to do mash over
khufayn made of glass, wood or metal;

(4)  each khuf must be free from any tear equivalent in size to the three smallest toes. [Z: If the
multiple tears from both khufs are amassed and the summation is equivalent to three toes this will not
invalidate the mash,   ai: p.75];

(5,6) the khufayn should cling to the feet without being tied; and prevent water from reaching the
skin;

(7)   at least the equivalent of three of the smallest fingers of the hand from the front of the foot
should exist, if this amount is absent then it is unlawful to do mash over the khuf, even though the
heel of the foot exists.

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Duration of Mash over the Khufayn:

8.3   A resident, i.e. a non traveller, is permitted to do mash for a day and night [twenty four
hours], while the duration for a traveller is three days and nights [seventy two hours].  The
commencement of this period is from when one becomes ritually impure after wearing the khufayn.

[Z: If one performs wudu’ at twelve and wears his khufayn and at three breaks his wudu’ then the
duration of mash over the khufayn will commence from  three].

If a resident performs mash and then decides to travel before the expiry of his period he may
complete the duration allowed to a traveller.  If a traveller who has wiped over his khufayn becomes
a resident after a day and night has lapsed, then he is obliged to remove his khufayn.  In the event of
becoming a resident within a day and night, he may complete the period prescribed for a resident.

The portion upon which it is Fard to doMash over the Khufayn:

8.4   It is fard to do mash upon a portion equivalent to the three smallest fingers of the hand over
the top frontal part of each khuf, and the sunna is to start from the tips of the toes with spread fingers
up until the shin [see fig: 3].

[Z: One wishing to wear the khuf over a bandaged foot should first do mash over the bandage
and then wear the khuf,   ai: p.75].

[The mash must be performed over the area of the khuf wherein the foot lies.  The mash of
one wearing a very long or wide khuf,  if performed over that area beneath which there is no foot,
shall not suffice,   ai: p.77].

Things that Nullify Mash over the Khufayn:

8.5   Things that nullify mash over the khufayn are four:

(1)  Everything that nullifies wudu’, nullifies the mash over the khufayn;

(2)  the removal of the khuf, this will also be effected by the greater part of the foot coming out of the
leg of the khuf ;

(3)  by water reaching into the greater portion of any one of the two feet that are in the khufayn ;

(4)  the expiry of the prescribed time [see 8.3 for prescribed periods for traveller and resident],
provided one does not fear that one’s feet will perish due to cold conditions.  [If one has such a fear,
then one is permitted to do mash until one’s conscience is satisfied,   Mf: p.170].

In the case of the latter three (2-4), it will suffice to just wash the feet [one is not required to repeat
wudu’ if already in the state of wudu’,  Mf: p.170].

8.6    It is unlawful to do mash over a turban, hat, veil or gloves.

8.7   If one has had blood drawn, been wounded or having broken a limb has tied a bandage or
fixed a splint upon the affected area, and due to the severity of the injury is unable to wash the
affected limb or do mash upon it directly, then it is obligatory to do mash upon the greater part
of the splint or bandage.

8.8    It will suffice to do mash upon the skin visible between the rolls of the bandage.

Mash similar to washing has no time limit for its validity.

It is not a condition that the bandage be tied in a state of purity.

To do mash upon the bandaged foot whilst washing the other foot is permissible.

8.9   The bandage falling off before convalescence does not invalidate the mash [Z: and there is
no compulsion to repeat the mash as long as one is in the state of wudu’ ,  ai: p.79].
8.10   It is permissible to replace one bandage with another without it being necessary to repeat the
mash, nevertheless, repetition is preferred.

8.11   If due to an inflammation of the eyes one is ordered by an [expert, Muslim doctor,   Mf:
p.173] not to wash his eyes, or one’s nail has broken and he has applied some medicine to it, the
removal of which is harmful then mash is permissible. If, however, mash itself is harmful then
one is permitted to omit the mash.

There is no obligation to make an intention, [Z: unlike there is for tayammum], for performing
mash upon the khufayn, a splint or the head.

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Menstruation, Postnatal Bleeding and Irregular Vaginal Bleeding

Menstruation, postnatal bleeding and irregular vaginal bleeding all flow from the vagina:

9.1   Hayd (menstruation): Blood, which the womb of a mature female excretes, accompanied by
no illness, pregnancy, and that she is not post-menopausal.  Its minimum duration is three days, the
average being five days, and the maximum being ten days.

9.2   Nifas (Postnatal bleeding): The blood following the birth of a child.  Its maximum duration is
forty days and there is no fixed minimum period.

9.3   Istihada (Irregular vaginal bleeding): Blood which is seen for less than three days, or more
than ten days during menstruation, or more than forty days following childbirth.

9.4   The duration of the tuhr (interval of purity between two menstruations), the minimum duration
of cleanliness between two menstruations is fifteen days. There is no maximum duration.

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Prohibitions due to Menstruation and Postnatal Bleeding

9.5   There are eight prohibitions:

(1,2,3,4) Salah, fasting, the recitation of even a single verse from the Qur’an [Z: to recite less than a
verse without the intention of reciting the Qur’an is lawful, such as reciting al-hamudu lillah with the
intention of gratitude or the recitation of the basmallah before eating,  Lub: p.43], touching the
Qur’an without a covering. [Z: The covering should be a third item such as a case or bag which is
not physically attached to the Qur’an, nor physically attached to the one wanting to touch the Qur’an
such as his sleeve,   Sharh al-hidaya li imam `Abd al-Hai al-Lucknawi, 1/212];

(5,6) entering the mosque, circumambulation of the Holy Ka`ba;

(7) intercourse;

(8)  and sexual enjoyment of any part of the body from beneath the navel to beneath the knees.

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Method of Becoming Pure

9.6    When the blood ceases on the longest duration fixed for menstruation [see: 9.1 for duration] or
postnatal bleeding [see: 9.2 for duration], intercourse is permitted without a purificatory bath.
However, if the bleeding ceases before the longest duration such has its termination on her general
habit, then sexual intercourse is unlawful unless she performs a purificatory bath. [Z: If unable to do
so for a legitimate reason then she performs   Mf: p.180] tayammum and prays or a prayer time
expires upon her. This is because upon the cessation of the blood, she had enough time to take a
purificatory bath and recite the opening Allahu akbar or more, but she did not bathe or perform
tayammum until the time for the prayer had elapsed.

[Z: If the bleeding ceases at the time of the mid-morning prayer and she does not perform a
purificatory bath or tayammum, then intercourse is unlawful until the time of the zuhr prayer expires,
Mf+t: p.97].

9.7   A menstruating woman or one who has experienced child birth will make up the missed fasts by
observing them at a later date when she is clean, but her missed prayers need not be made up.

9.8   There are five acts that become unlawful when one is in a state of janaba (major ritual
impurity): (1) Salah, (2) recitation of even a verse of the Qur’an, [Z: it is makruh to recite the
Qur’an in a place of impurity such as a lavatory, abattoir and similar places, though it is lawful to
recite the Qur’an loudly in a clean bathroom provided there is no one present whose `awra (def:
4.10) is exposed, otherwise recitation under one’s breath is permitted,  Mf+t: p.94], (3) to touch the
Qur’an without a covering, (4) to enter into a mosque (5) and the circumambulation of the Holy
Ka`ba.

9.9   There are three unlawful acts for a muhdith (one in minor ritual impurity): (1) Salah, (2)
circumambulation of the Holy Ka`ba (3) and the touching of the Qur’an without a cover.

[Z:  A woman whose normal habit of menstruation is five days, but occasionally after bathing and
praying she experiences the reoccurrence of her bleeding.  In such a case upon the fifth day when the
bleeding stops she shall delay her bath to the end of the prayer time then take a bath and pray.
Thereafter, if the bleeding resumes she shall abandon her prayers,   Ahf: 1/68].

[Z: A woman whose normal cycle of menstruation is five days, but happens to terminate upon the
fourth, will be required to fast and pray, and it will be incumbent upon her to delay the prayer to the
end of the mustahab time.  Sexual intercourse is unlawful until she completes her general habit of
five days,   Ahf: 1/68].

[Z:  Bleeding that succeeds a miscarriage which has occurred upon four months or after into the
pregnancy will be regarded as postnatal bleeding.

If the miscarriage occurred within four months of the pregnancy then it will be regarded as
menstruation, provided the bleeding exceeds three days.  Anything less than three days will be
regarded as irregular vaginal bleeding.

If four months have not lapsed and one mistakenly takes the bleeding after the miscarriage to be
postnatal bleeding and as a result abandoned prayer, these prayers will have to be made up,   Ahf:
1/72].

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Laws of Irregular Vaginal Bleeding and Others of Similar Standing

9.10 The legal ruling regarding the blood of irregular vaginal bleeding is the same as that of perpetual
nasal haemorrhage and as such does not prevent the performance of salah, fasting or sexual
intercourse.  A woman suffering from irregular vaginal bleeding or one who has an `udhr (chronic
annulment of wudu’) such as being unable to stop intermittent drops of urine, or one whose bowels
have become loose, should perform wudu’ at the time of every fard prayer and pray with that
wudu’ as many fard or nawafil as one wishes. [Z: Fard prayer refers to the prescribed prayer of
that particular time or any other prayers which maybe fard to make up,   Mf: p.183].

The ablution of one suffering from chronic annulment of wudu’ (`udhr) becomes void only with the
expiry of the prayer time [or the occurrence of that which invalidates the wudu’ other than the
present `udhr,   Mf: p.183].

9.11 One is only considered a ma`dhur (one suffering from chronic annulment of wudu’) when the
`udhr remains intact for the full duration of a fard prayer in a way that it does not even cease for a
time in which wudu’ and salah can be performed.

9.12   The condition for the continuation of an `udhr is that once established (see: 9.10 for how it is
established) it should re-occur during every prayer time at least once.  The `udhr is nullified when a
complete time of a fard prayer lapses in which the `udhr is absent.

[Z: It is incumbent for one suffering from chronic annulment of wudu’ to change his clothing if they
are continuously becoming impure. This is provided that after changing his clothes he can complete his prayer before they become soiled again.  However, if this is not possible then the obligation to change them or wash them is lifted,   Ahf: 1/75].

[For a hospital patient who is sure that his clothing is impure or has a doubt regarding their purity and due to his illness experiences difficulty in changing them,  then he is permitted to pray in his soiled clothing,   Ahf: 1/75].

9.13   [Z: If a woman who is suffering from irregular vaginal bleeding forgets her normal menstruation cycle by forgetting the number of days, but is able to recall that it occurs each month, then she shall abandon her prayer for three days from the first day when menstruation normally occurs.  Regarding these three days she can be sure that they are hayd; for the following seven days she shall perform a bath for each salah, because of the uncertainty whether it is istihada (def: 9.3) or  hayd (def: 9.1).  For the following twenty days she shall perform wudu’ for each prayer, and this can be regarded as tuhr (def: 9.4).  It is lawful for her in the period of tuhr to indulge in a
conjugal relationship.

If the number of days is recalled (for example three), but in which part of the month they occurred is forgotten, then she shall pray for three days from the beginning of the month with a fresh wudu’ for each prayer because of the uncertainty of whether she is in menstruation or tuhr.  For the following twenty seven days she shall bathe for each prayer because of the possibility that she may have finished her hayd at any hour,   Mf+t: p.93].

9.14   [Z: When the blood of a woman with a set habit exceeds the maximum period of ten days,
then her set habit will be regarded as her menses and anything exceeding it as irregular vaginal
bleeding.  All the prayers that she abandoned after the duration of her set habit will have to be made
up   Lub: p.45.  The same principal is extended to a woman who has a set habit in her postnatal
bleeding,   Lub: p.47].

Najasa and the Method of Purification from it:

10.1   [Z: Najasa is that which is defined unclean according to shari`a].

 10.2   There are two types of najasa: strong (ghaliza) and light (khafifa).

Examples of the strong najasa are wine, flowing blood, the flesh of a dead animal and its hide, the
urine of those animals whose flesh is unlawful for consumption, the excreta of a dog and of a
predatory animal and its saliva, the droppings of a hen, duck or goose and also all those things which
come out of a human body and nullify one’s wudu’ [such as flowing blood, semen, madhi (def:
6.2), wadi (def: 6.2), irregular vaginal bleeding (def: 9.3), menses, postnatal blood and a mouthful of
vomit (def: 5.13 (4)), Mf: p.187.  Vomit that is less than a mouthful, or blood that does not flow is
considered pure,   Mf+t: p.103].

10.3   Examples of light najasa are: the urine of a horse, and of those animals whose flesh is lawful
for consumption and the droppings of birds whose flesh is unlawful for consumption.

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What can be overlooked from najasa:

10.4   What is equal to the area of a dirham (def: 4.3) from najasa ghaliza  (strong filth) [If the
amount reaches a dirham then it is makruh tahrim to pray in such clothing, if it is less than a dirham
then it is makruh tanzih,   Mf+t: p.104].  What covers less than a quarter of a cloth or the body from
najasa khafifa (light filth) is overlooked.  Splashes of urine that are equal in size to the heads of
needles are also overlooked.

10.5   If a bed or soil which is afflicted by najasa becomes wet due to the sweat of a sleeping
person, or due to wet feet, and thereafter traces of najasa appear upon one’s body or feet then
one’s body or feet will be classed as impure. If there is no trace they will not be considered impure.
Similarly, a dry pure cloth does not become impure when wrapped in a wet impure cloth which does
not drip if wrung.

10.6   A wet cloth does not become impure when spread upon impure dry earth, which becomes
moist through the wetness of the cloth.  Nor does a cloth become impure after being afflicted by a
wind which has blown over some najasa, unless traces of the najasa are visible in the cloth.

10.7    An object which has on it visible najasa [that remains visible after drying,   Mf+t: p.106], will
become pure by the removal of the najasa.  This washing need only be performed once according to
the soundest opinion.  If it is difficult to remove the najasa, then there is no harm if traces remain.

10.8 An object, that has on it invisible najasa [which can no longer be seen upon drying,   Mf+t:
p.106], should be washed thrice and wrung after each washing. [Z: On the third time, one should
wring it so thoroughly that all water ceases to drip.  If the cloth is thin or of a delicate nature, then
one is not required to exert one’s total strength,   Mf+t: p.107].

Najasa is removed from a cloth or body by water or any liquid that removes najasa such as vinegar
or rose water.

10.9   Khufayn and the like become pure when wiped [with earth or soil,   Mf: p194], provided the
najasa is solid, even though it may still be wet.  A sword or similar items may be purified by wiping
the najasa away [with soil or a cloth,   Mf: p.194].

10.10   When the traces of najasa have disappeared from the earth and the earth has dried, then
salah is permissible upon it, while tayammum is not.  By the earth drying, what is upon it also
becomes pure, such as a tree and standing grass.
[Z:   A impure cloth, if washed under a flowing tap, is not required to be washed or wrung thrice,
provided that the water used is equivalent to what would be generally used if it was washed thrice,
Ahf: p.97].

10.11   Najasa becomes pure when it is molecularly transformed into something else, like turning
into salt or upon being burnt [Z: and becoming pure ashes, because its true nature has changed. An
example is grape juice which has changed into wine, thus becoming impure, and then changed into
vinegar, becoming pure again,   Mf: p.196].

10.12  A cloth or body can be purified by scraping dry semen off, whilst purity from wet sperm is
only attained by washing.

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Tanning Hide
 

11.1   The hide of a dead animal is purified by tanning either haqiqiya, such as using the pods of a
sant tree, or hukmiya such as cleansing the hide with soil or by leaving it in the sun to dry.  The hide
of a swine or human cannot be used even after tanning.

11.2 Slaughtering in accordance with the Shari`a purifies the hides of those animals whose meat is
unlawful for consumption, whilst their meat remains unlawful.

11.3 Those parts through which blood does not flow do not become impure by death, such as the
hair, cut feathers, horns and hoofs, as long as there is no fat on them.  The nerve is impure according
to the soundest opinion.  The musk bag is pure like musk itself and its consumption is lawful.  Civet is
pure and it is lawful for one to apply its fragrance and to perform salah with it.

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Glossary
 

adab (sing: adab): that which the Prophet did once or twice throughout his life.

`Arafa the name of a plain about thirteen miles to the east-southeast of Makkah.

`awra  the private parts that must be covered.

dirham  A silver coin about the size of  a British fifty pence piece.

dihk  laughter.

fard  obligation (for more detail see 1.1).

al-fard al-kifaya: communal obligation (for more detail see 1.7).

fasiq the one who flagrantly transgresses the laws of Allah.

ghusl  a bath, often refers to a purificatory bath.

haram  forbidden unlawful.

hayd menstruation.

istihada irregular vaginal bleeding.

istilam kissing of the Black Stone.

Jinns  genie.

Laylat al-Bara Night of Immunity, occurrence of which takes place upon the fifteenth of Shaban.

Laylat al-Qadr  It is the most virtuous night of the year.  Allah says regarding it the Qur’an, ‘We
have revealed it (the Qur’an) on the night of qadr. What will tell what the night of power is?  It is
better than a thousand years.’

Scholars have differed regarding when this night occurs.  However, the majority view is that it occurs
on one of the odd nights in the last ten days of Ramadan.

makruh : According to the Hanafi’s is a command for abstinence from something established by a
speculative proof.  It is divided into two categories, namely, makruh tahrim and makruh tanzih
The latter is closer to haram and can also be defined as being in diametrical opposition to a wajib.
Makruh tanzih is closer to mubah and in diametrical opposition to a mustahab.

mash  to wipe, sometimes referring to wiping with wet hands and at others with dry hands.

miswak  tooth-stick.

mubah  permissible, a mubah act is neither rewarded nor punished.

mustahab  that which the Prophet (may Allah bless him and
grant him peace) did occasionally.

mutlaq  absolute, pure.

Muzdalifa  a place near Makka where the pilgrims spend the night on their return from `Arafa.

najasa  filth, actual or ritual.

nawafil  supererogatory worship.

nifas  postnatal bleeding.

qahqaha  loud laughter.

ramya al-jimar  the casting of the stones at Mina.
al-Saffa and al-Marwa: two hillocks connected by a course adjoining al-masjid al-haram.

sajda al-tilawa  an obligatory prostration for the recitation of certain verses of the Holy Qur’an.

shari`a  the embodiment of Islamic laws.

sujud  prostration.

su’r  leftovers.

sunna  literally, means a clear path or beaten track, refers to whatever the Prophet (may Allah bless
him and grant him peace) said, did, agreed to or condemned.  The sunna is a source of the Shari`a
and a legal proof next to the Qur’an.  As a source of the Shari`a.  The sunna may corroborate a
ruling which originates in the Qur’an.  Secondly, the sunna may consist of an explanation or
clarification of the Qur’an.  Thirdly, the sunna may also consist of rulings on which the Qur’an is
silent.

tabassum  smile.

tawaf al-ziyarah  the obligatory circumambulation of the Holy Ka`ba after throwing the pebbles at
the jamarat.  It is also known tawaf  al-ifada.

tayammum  dry Ablution.

 tuhr  interval of purity between two menstruations.

`udhr  literally means excuse, technically, in the context of our work, chronic annulment of wudu’.

wadi  a thick white cloudy liquid, which has no smell.  It generally exits after one urinates and
occasionally before.

wajib  an obligation established by a speculative text (for more detail see 1.1).

waqf  endowment.

wudu’  ablution.
 

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Bibliography

Ahmad, Rashid, Ahsan al-Fatawa. H. M. Sa`id Company, 1994.

Aini, B, al-Binaya sharh al-hidaya, Dar al-fikr: Beirut 1990.

Ali, Mukhtar, Ashraf al-¦dah sharh nur al-idah.  Kutub Khana  Mazhari:  Karachi, 1996.

Al-Shashi, Ibrahim, Usul al-Shashi.  Mir Muhammad Kutub Khana: n.p., n.d.

Al-Zuhayly, Wahbah, Al-fiqh al-Islami wa adillatuh.  Dar al-fikr 1989.

Tahtawi, Ahmad b. Muhammad, Hashiya ala maraqi al-falah sharh nur al-idah.  Egypt:
n.d.

Lucknawi, `Abd al-Hai. Al-ta`liq al-mumajjad `ala Muwatta Muhammad. Dar al-Qalam:
Damascus, 1991.

Lucknawi, `Abd al-Hay, al-raf` wa takmil fi al-jarh wa al-ta`dil.  Maktaba al-Matbu`at
al-Islamiya:  Beirut, 1987.

Keller, Nuh Ha Mim.  Reliance of the Traveller. Sunna Books: Evanston, 1994.

Khan, Sarfaraz, Maqam Abi Hanifa. Maktaba Safdariya: Pakistan 1993.

Kandehlawi, Zakariya, al-Kanz al-matawari, Pakistan 1998.

Nawawi, Muhyu al-Din, Sharh sahih Muslim.  Dar al-Qalam:  Beirut, 1987.

Ibn al-Hummam, Burhan al-Din, Sharh fath al-qadir.  Dar al-Fikr: Beirut, n.d.

Makdasi, George, The Non-Asha`rite Shafi`ism of Abu Hamid Ghazali.  Revue des Etudes,
1986.

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