Say: Our Lord Grant us increase in Knowledge {Surah Taha:114}

Ahkaam al-fiqh related to Tahaara
Based on Imam Quduris (362-428AH) text: Mukhtasar al Quduri
 

Introduction to Mukhtasar al Quduri
Al-Mukhtasar (The Summary), also known as al-Kitab is a brief summary of more than 12,000 rulings spanning the entire spectrum of fiqh (Islamic jurisprudence) covering matters related to ibaadah (worship), muamalaat (business transactions), akhlaaq (personal relations) and hudood (penal and judicial matters). Authored by Abu’l-Hasan Ahmad al-Quduri al-Baghdadi, the Hanafi jurist (362-428 AH) it has established itself through the ages as one of the most reliable classical texts on fiqh from the Hanafi school.

Abu’l-Hasan al-Quduri took his knowledge of fiqh from Abu `Abdillah Muhammad ibn al-Jurjani, from Abu Bakr al-Razi, from Abu’l-Hasan al-Karkhi, from Abu Sa`id al-Barda`i from `Ali al-Daqqaq, from Abu Sahl Musa ibn Nasr al-Razi, from Muhammad ibn al-Hasan al-Shaybani, from Abu Hanifah, from Hammad ibn Abi Sulayman, from Ibrahim al-Nakha`i, from `Alqamah, from `Abdullah ibn Mas`ud (RA) from the Prophet (SAW). Al-Quduri was one of the ashab al-tarjih (jurists who weighed and analyzed the strengths of differing verdicts in the madhhab).

Along with Muhammad ibn al-Hasan's Al-Jami` al-Saghir, Mukhtasar al Quduri formed the nucleus of al-Marghinani's widely-renowned Al-Hidayah - which itself was commentated on by numerous scholars, among the more famous of them Hafiz Badr al-Din al-`Ayni (the author of the commentary on al-Bukhari `Umdat al-Qari) in Al-Binayah, and Hafiz Kamal al-Din Ibn al-Humam in Fath al-Qadir. It has been said that Hafiz Ibn Taymiyyah, the Hanbali scholar, used Al-Mukhtasar as his primary reference for the Hanafi school's positions. Up to this day, the book enjoys a wide acclaim, still forming a part of the teaching curriculum in many traditional madaris, and with prominent and accomplished contemporary scholars continuing to recommend and approve it as a teaching text.

Indeed Abu `Ali al-Shashi said about the book, "Whoever memorizes this book is the best accomplished of our associates in memorization, and whoever understands it is the best accomplished of our associates in understanding."

As is common with fiqh summary texts, the book generally does not make a point of providing evidences and derivations of the regulations. The bases and reasoning's behind the verdicts presented can be pursued in more advanced books of the madhhab, and also require some knowledge of usul al-fiqh. The traditional method of learning is for young people to first study (and often memorize) a basic matn, then later go back and study each issue in more detail, and/or along with the evidences.

TAHARAH - PURIFICATION

1.0 WUDU
1.1 The Obligatory Actions of Wudu'
Allah(SWT) says, "O you who believe! When you stand for prayer, then wash your faces, and your hands upto the elbows, and wipe your heads, and [wash] your feet upto the ankles." So, the obligatory elements of purification [i.e. wudu'] are:

Washing the three parts [the face, the two arms, and the two feet]. The elbows and the ankles are included in washing.

Wiping the head - the obligatory [part] in wiping the head is the extent of the forelock [one-fourth], based on that which Mughirah ibn Shu`bah narrated, that the Prophet (may Allah bless him and grant him peace) made wudu' and wiped his forelock and his khuffs.

1.2 The Sunnah Actions of Wudu'
The sunnah actions of wudu' are:

• Washing the two hands before inserting them into the container [of water], [especially] after the mutawaddi' awakens from his sleep.

• Taking the name of Allah, the Exalted at the start of the wudu'.

• Siwak

• Rinsing the mouth

• Inhaling water

• Wiping the ears

• Combing the beard and [Combing] the fingers

• Repeating the washing up to thrice.

• To intend purification

• Covering the entire head with wiping

• Performing the wudu' in order, such that he starts with that with whose mention Allah, the Exalted has begun with.

• It is recommended for the mutawaddi' to [start] with the right parts.
  

• Anything which exits from the two paths.
• Blood, pus or serum when they exit from the body and encroach on a place which it is incumbent to purify.
• Vomit, if it was a mouthful.
• Sleep lying down, or leaning [on one's side] or reclining such that if it were removed he would fall.
• Loss of consciousness through fainting or insanity.
• Laughter in any prayer containing ruku` and sujud.
  

• Rinsing the mouth.
• Inhaling water.
• Washing the rest of the body.

• Begin with washing his hands and genitals.
• Remove filth if it is on his body, then
• Perform wudu', like the wudu' for salah, except for his feet, then
• Pour water over the rest of his body thrice, then
• Step aside from that place and then wash his feet.
• Women are not obligated to undo her braids in ghusl if the water reaches the roots of the hair.
  

• Emission of semen , accompanied by spurting and excitement, from a man or a woman.
• Contact of the two circumcized parts [even] without ejaculation.
• Menstruation
• Post-natal bleeding
• There is no ghusl [required] for [emission of] prostatic fluid and wady , but wudu' [is needed] for [emission of] them.

2.4 Sunnah Ghusl
The Messenger of Allah(SAW) made ghusl sunnah for:

• Jumu`ah
• The Two `Ids
• Ihram

3.0 WATER
3.1 Suitable and Unsuitable Water
Purity from hadath is permissible with water from:

• the sky
• [lakes and] valleys
• springs
• wells
• oceans
  It is not permissible with:
• [Liquid] squeezed out of trees or fruits.
• Water which is preponderated by something else and [which has] removed it from the nature of water, such as drinks, rose-water, pea-water, gravy or infusion of safflower.
• Used water may not be used for the cleansing of hadath. Used [water] is : any water that with which hadath has been removed, or which has been used on the body by way of worship.

3.2 Addition or mixture of substances with water
Purification is permissible with water which has been admixed with something clean such that it changed one of its properties, such as flood water, or water with which saltwort, soap or saffron has been mixed [as long as the water’s fluidity and viscosity remains unchanged].

Wudu’ is not permissible with any [small quantity of still water] in which filth has fallen, whether [the filth] is a little or lot, because the Prophet (peace and blessings be upon him) ordered for water to be safeguarded from filth, for he said, "None of you shall urinate in standing water, nor shall you make ghusl in it from janabah." And he (peace and blessings be upon him) said, "When one of you awakens from his sleep, he shall not immerse his hand in the vessel until he has washed it thrice, for he does not know where his hand was when he slept."

As for flowing water, if filth falls in it, wudu’ is permissible with it, provided no trace of [the filth] is seen, because [the filth] does not remain stationary with the flowing of the water. [For] a large pond, of which one end does not move [immediately] with the movement of the other side, if filth falls in one end of it, wudu’ is permissible from the other end, because the apparent [impression] is that the filth does not reach it.

The death in water of anything without flowing blood, such as bugs, flies, hornets or scorpions, does not render it filthy. The death [in it] of that which lives in water, such as fish, [aquatic] frogs and [aquatic] crabs, does not spoil it.

3.3 Wells
Cleansing of wells
If filth [other than an animal] falls into a well, it should be drained. Draning whatever water it contains is a cleansing for it.

If there dies in it a rat, or sparrow, or robin, or swallow, or venomous creature, or gecko, [then] between twenty and thirty buckets should be drained from it, depending on the largeness or smallness of the animal.

If there dies in it a pigeon, or chicken, or cat, [then] between forty and sixty buckets should be drained from it.

If there dies in it a dog, or sheep, or human, all of the water that [the well] contains should be drained.

If the animal becomes distended or disintegrated in [the well], all the water [the well] contains should be drained, whether the animal was small or big.

The number of buckets is reckoned according to a medium bucket which was used in the wells in villages. So, if a large bucket was used to drain water from it, such as could contain twenty of the medium buckets, that is taken into account.

If the well has springing water, such that it cannot be drained, but it becomes obligatory to drain it, they should take out the amount of water which was [initially] in it. It has been narrated from Muhammad ibn al-Hasan (may Allah’s mercy be upon him) that he said : Two hundred to three hundred buckets should be drained from it.
Finding a dead creature in the well
If a rat or something else [like it] is found in the well, and they do not know when it fell in, and it has neither distended nor disintegrated, they should repeat the prayers of a day and a night if they had made wudu’ from it, and [they should] wash everything which its water touched.

If it had distended or disintegrated, they should repeat the prayers of three days and nights according to verdict of Abu Hanifah (may Allah have mercy upon him). Abu Yusuf and Muhammad (may Allah have mercy upon them) said : there is no repetition [due] upon them unless they ascertain when it fell in.

3.4 Leftovers

• The leftover of humans, and [of] those [animals] whose meat may be eaten, is clean.
• The leftover of dogs, pigs and carnivorous beasts is filthy.
• The leftover of cats, free-roaming chickens, carnivorous birds, and domestic animals such as snakes and rats, is disliked.
• The leftovers of the donkey and mule are doubtful. So, if one does not find anything else, one performs wudu’ with them and tayammum. Whichever [of wudu’ and tayammum] he starts with, it is valid.

4.0 TAYAMMUM
4.1 Excuses Permitting Tayammum

• One who cannot find water while travelling, or
• [One who is] outside settled land with approximately one mile or more between him and the water, or
• [One who] can find water, but is sick, and is afraid that if he uses the water, his sickness will be intensified, or
• If one in janabah fears that if he makes ghusl with the water, the cold will kill him or make him ill [in all these cases] one may perform tayammum with the surface of the earth.

Tayammum is permissible for a healthy person in a settled area if a funeral is present, and the executor/guardian is other than himself, such that he fears that if he occupies himself with purification then the salah will elude him. So, he performs tayammum and prays.

Similarly, one who is present at `Id, and fears that if he occupies himself with purification, the salah of [one of] the Two `Ids will elude him, he performs tayammum and prays.

If one who attends Jumu`ah is fears that if he occupies himself with purification, the salah of Jumu`ah will elude him, he does not perform tayammum. Rather, he makes wudu’, and then if he catches Jumu`ah, he prays it, otherwise he prays Zuhr as four [rak`ah].

Similarly, if the time is tight, and one fears that if he makes wudu’, the time will elapse, he does not perform tayammum. Rather, he performs wudu’ and prays a missed prayer.

It is recommended for one who does not find water, but is hopeful of finding it at the end of the time, to delay the prayer to the last [part] of the time. Then, if he finds water, he performs wudu’ with it and prays, otherwise he performs tayammum [and prays].

It is not [obligatory] upon the traveller, if he is not inclined to believe that there is water close to him, to seek water. But, if he is inclined to believe that there is water, it is not permissible for him to perform tayammum until he has searched for it. If his companion has water, he demands it from him before he performs tayammum. If he denies it to him, he performs tayammum and prays.

4.2 Its manner
Tayammum is two strikes : one wipes one’s face with one of them, and one’s arms to the elbows with the other. Tayammum from hadath and janabah are the same [in their manner].

• Intention is obligatory in tayammum, but recommended in wudu’.

4.3 Its materials
According to Abu Hanifah and Muhammad, tayammum is permissible with anything which is of the category of earth, such as soil, sand, stone, gypsum, lime, antimony and arsenic. Abu Yusuf (may Allah have mercy upon him) said : it is not permissible except with soil and sand specifically. Tayammum is not valid except with a clean earth-surface.

4.4 Its Invalidators
Tayammum is invalidated by everything which invalidates wudu’.

It is invalidated also by seeing water, if on is capable of using it.
If a traveller forgot water in his bags, and so made tayammum and prayed, and then remembered the water during the time, he does not repeat the salah according to Abu Hanifah and Muhammad (may Allah have mercy upon them) Abu Yusuf said : he repeats it.

One may pray with his tayammum whatever he wishes of obligatory and optional [prayers].

5.0 WIPING ON THE KHUFFS
5.1 Its Permissibility
Wiping on the khuffs is permissible, based on the sunnah, from every hadath necessitating wudu’, provided one wore the khuffs in a state of complete purity and then underwent hadath [after that]. Wiping on the khuffs is not permissible for one on whom ghusl is obligatory.

If one is resident, one may wipe a day and a night. If one is a traveller, one may wipe three days and nights. The start [of the time limits] is after the [first] hadath. One who began wiping while resident, and then travelled before the end of a day and a night, may wipe three days and nights. One who began wiping while travelling, and then took up residence, then if he had wiped a day and a night or more, he is required to remove his khuffs and wash his feet. If he had wiped for less than a day and a night, he may complete his wiping [until] one day and night [have passed completely].

It is not permissible to wipe on a khuff containing a big tear from which is visible the extent of three toes, but if [the tear] is less than that it is permissible.

Wiping is not permissible on socks, according to Abu Hanifah, unless they are [either] covered with leather, or soled. Abu Yusuf and Muhammad said : It is permissible to wipe on socks if they are thick, not transmitting the water. One who wears jurmuq over his khuffs may wipe over them. Wiping on turbans, caps, scarves or gloves is not permissible.

It is permissible to wipe on a splint, even if it was fastened without [prior] wudu’. Then, if it fell off without healing, the wiping is not invalidated. But, if it fell off after healing, the wiping is invalid.

5.2 Its manner
Wiping on the khuffs is on their outside, in lines with the fingers, starting from the tips of the toes [and continuing] to the shin. The obligatory part of that is the extent of three fingers of the smallest on the hand.

5.3 Its Invalidators
The wiping is invalidated by:

• That which invalidates wudu’, as well as
• Removing the khuff, and
• Expiry of the time limit. If [only] the time limit expires, one removes one’s khuffs and washes one’s feet and pray, and one is not obligated to repeat the remainder of the wudu’.

6.0 MENSTRUAL BLEEDING
6.1 Definitions
The minimum menstrual bleeding is three days and nights, ans [so] anything which falls short of that is not menstrual blood (hayd) but chronic bleeding (istihadah).

The maximum menstrual bleeding is ten days and nights, and [so] anythign which exceeds that is istihadah. That red, yellow and murky [discharge] which a woman sees in the days of menstrual bleeding is menstrual discharge, [and her period persists] until she sees pure white [liquid].

6.2 What is prohibited with hayd and nifas
Hayd waives salah from a woman, and prohibits fasting for her. She makes up the fasting [later], but does not make up the salah.

• She may not enter a mosque,
• Nor circumambulate the House [i.e. the Ka`bah]
• Nor may her husband approach her [for intercourse]
  A menstruating woman and one in janabah :
• May not: recite the Qur'an [They, as well as] one with hadath may not touch a mushaf [i.e Qur'an], unless they hold it with its case.

6.3 Completion of purity
If the menstrual bleeding ceases in less than ten days, it is not permissible [for her husband] to have intercourse with her until she performs ghusl or the complete time of a salah passes her by.

If her bleeding ceases after ten days, it is permissible [but not recommended] to have intercourse with her before [she performs] ghusl.

If purity interrupts two bleedings within the period of menstruation, it is [treated] as [continuously] flowing blood.

The minimum period of purity is fifteen days, and there is no limit for its maximum.

6.4 Chronic Bleeding (Istihadah)
The blood of istihadah is that which a woman sees for less than three days or more than ten days [in menstruation, or more than forty days after child-birth].

Its verdict is [the same as] the verdict of a perpetual nosebleed; it does not prevent fasting, nor salah, nor intercourse.

If bleeding exceeds ten days, and a woman has a known cycle, it is referred back to the days of her cycle, and whatever exceeds that is considered istihadah. If she entered maturity in the state of istihadah then her menstrual bleeding is [considered to be] ten days of every month, and the remainder is istihadah.
The woman with istihadah, and [similarly] someone with a constant drip of urine, or a perpetual nose-bleed, or a wound which does not stop [bleeding], performs wudu' for the time of each salah, and then they [may] perform with that wudu' whatever they wish of fard and nafl. Then, when the time exits, their wudu' is invalidated, and they must repeat the wudu' for another salah.

6.5 Post-Natal Bleeding (Nifas)
Nifas is the blood which exits following child-birth. The blood which a pregnant woman sees, and that which a woman sees during child-birth but before the emergence of the child is istihadah.

There is no limit for the minimum [duration] of nifas, but is maximum is forty days. Whatever exceeds that is istihadah. If bleeding exceeds the forty [days], and this woman had given birth before and has a regular [cycle] in post-natal bleeding, it is referred to the days of her regular [cycle]. But, if she does not have a regular [cycle] then her initial nifas is forty days.

Whoever gives borth to two children in one pregnancy, her nifas is that blood which exits after the first child....

7.0 FILTH
Purification of filth from the body and clothing of the musalli is obligatory, as from the place in which he performs salah.

7.1 Means of cleansing
Cleansing of filth is permissible with water, and with any pure liquid with which it can be removed, such as vinegar and rose-water.

If filth has touch become affixed to a khuff, and it has body, and then it dried, then rubbing it with the ground is permissible.

Semen is unclean, and it is obligatory to wash it, but if it has dried on a garment it suffices to scrape it off.

If filth becomes affixed to a mirror, or a sword, it is sufficient to wipe it.

If the ground is contaminated by filth, and then it dries in the sun and its trace disappears, salah is permissible in that place, but tayammum is not permissible from it.

Any hide which has been tanned has become clean - salah is valid on it, and wudu from it - except the skins of pigs and humans. The hair of a dead animal, its bones, hooves, sinews and horns are clean.

7.2 Regulations of Cleansing
Whoever is contaminated by severe filth, such as blood, urine, stool, or wine, to the extent of a dirham or less, salah is permissible with it, but if it is more [than a dirham] it is not permissible.

If he is contaminated with light filth, such as the urine of those [animals] whose flesh may be eaten, salah is permissible with it as long as it does not reach one fourth of the garment.

Cleansing of the filth which it is obligatory to wash is of two categories: That which has a visible essence, its cleansing is the removal of its substance, unless there persists some trace of it which is cumersome to remove.
That which does not have a visible essence, its cleansing is that it be washed until the one washing is satisfied that it has been cleansed.

7.3 Istinja’
Istinja' is sunnah. Stones, and that which take their place (toilet paper) suffice; one wipes [the area] until it is clean. There is no [emphasized] sunnah number [for the stones]. Washing it with water is better. If the filth exceeds its orifice, nothing but water may be used [to remove it]. One should not perform istinja' with a bone, nor with dung, nor with food, nor with the right hand.

Section on Prayer from Mukhtasar al Quduri
Section on Purification from Nur al Idha