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

Ahkaam al-fiqh related to Tahaara
Based on Imam Shrunbalalis (994-1069AH) text: Nur al-Idha

INTRODUCTION
Definition of Fiqh

“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.”  

Shari’ categories of action

• Fard (obligation) is a command which must be undertaken by those responsible
  
  Al-fard al-kifaya (Communal obligation) 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.
  E.g. of al-fard al-kifaya are the funeral prayer, to enjoin good and forbid evil, furnishing definite proofs upon the existence of Allah etc.
   
• Sunna mu`akkada (emphatic sunna) is an act upheld by the Prophet (SAW) perpetually whilst letting it be known that its performance is not fard
  E.g. 2 rak`ahs before the fard of the fajr prayer and after zuhr, maghrib and `isha’.
   
• Adab is that which the Prophet (SAW) did only once or twice throughout his life.
   
• Mubah (permissible) is an allowance from the Lawgiver(SWT) to the obliged and responsible person in performing or refraining from an act, such as eating or drinking.  Imam 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.
   
• Sunna ghayr mu`akkada (non-empahsised Sunna) namely, actions which the Prophet (SAW) did not perform perpetually.
  E.g. The giving of non-obligatory charity for one who is capable, the 4 rak`ahs before `asr and `isha’
   
• Haram (prohibited) is an obligatory command from the Lawgiver demanding abstinence from something. It is communicated by a definite authority.
  E.g. are eating the flesh of a dead animal, drinking alcohol, fornicating, adultery, unjustly killing someone and many others

TAHAARA (Purification)

Types of Water

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.

Water (with regards to its state of purity) can be one of five types:

·      Mutlaq  (pure) water: water which is intrinsically pure (Taahir) and purifying (Mutahhir) for others but is not makruh

·      Water which is intrinsically pure and purifying for others, but is makruh. 
E.g. a small quantity of water from which a cat or a similar animal has drank from.

·      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’

·      Impure water: A small quantity of stagnant water in which impurity has fallen.  A small quantity of water is that amount which is less than ten by ten. will be regarded impure even though the signs of najasa are not visible afterwards. The signs of najasa are; taste, colour and smell.

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

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.

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

-         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.

-         It is sunna to perform istinja’ from any najasa(impurity) 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

-         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.

-         It is sunna to do istinja’ with a cleansing stone or the like(toilet paper). 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.

Method of performing istinja’

-         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

-         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.

-         The utmost should be done in cleansing oneself until the foul smell has been eliminated. Upon completion one should wash the hand again.

Adab of relieving oneself

·      Before entering seek refuge in Allah from the rejected Satan. Allahumma inni  a`udhu bika min al-khubuthi wal khaba’ith [O Allah I take refuge in You from demons, male and female]

·      One should enter the toilet leading with the left foot

·      One should sit leaning upon the left foot and not speak, except out of necessity.

·      One should leave the lavatory with one’s right foot then recite: Ghufaranak alhamdulilla hilladhi adhhaba `annil adha-wa- `afani “[O Lord] We seek your forgiveness.  Praise be to Allah who rid me of the filth and gave me health.”

 Makruhaat

It is makruh tahrim to :

·      (whilst relieving oneself) have one’s face or back towards the Qibla, even though one is in a building.

·      urinate or defecate in water

·      urinate under some shade; in a hole; on the path; under a fruit tree;

·      urinate standing without an excuse.

·      To enter the toilet wearing anything with the name of Allah. Abu Da’ud & Tirmidhi have related from Anas (RA) that he said, “When the Messenger of Allah (SAW) would enter the lavatory he would remove his ring, “because engraved upon it was ‘Muhammad the Messenger of Allah.’” 

Wudu’

Wudu’  consists of four fard acts based on the ayah of Quran from Surah Al Maidah, Ayah 6:
"… wash your face and your hand up to the elbows and lightly rub your head and wash your feet up to the ankle".

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.
NB: The definition of washing is that at least a couple of drops should flow off the limbs

2)      To wash the arms up to and including the elbows

3)      To wash the feet up to and including the ankle bones

4)      To wipe with a moist hand (mas) over a quarter of the head.

Conditions for Wudu’ to be Fard

a)    Sanity

b)   Puberty

c)    Being a Muslim

d)   Possession of enough water (to be able to wash the required limbs at least once)

e)    To be ritually impure

f)     To be free from menses and postnatal bleeding

g)    To have enough time to pray

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 or factors perpetuating ritual impurity

3.  The removal of that which prevents the water from reaching the skin, such as wax and nail polish.

4.  It is incumbent to wash the visible part of a thick beard (through which the skin is not visible). As for a sparse beard it is incumbent that the water reaches the skin. 

5.  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 it will be incumbent to and wash underneath. Substances such as dirt do not prevent the penetration of water.

Sunnas of Wudu’

There are eighteen sunnas 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’ or to use one’s finger in the absence of the miswak.

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,

9)      to wash each limb thrice

10)  to do the mash of the entire head once

11)  mash of the ears, even though it may be with the leftover water from the mash of the head.

12)  to rub the limbs;

13)  to perform the actions of wudu’ successively before the former limb has dried

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);

The last four are mustahab.

Adab of Wudu’

There are fourteen adab of wudu’:

1.      To sit upon an elevated place

2.      to face the Qibla

3.      to take no assistance

4.      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

7.      to recite the basmallah whilst washing or doing mash of each limb

8.      to insert one’s small finger into the canals of the ears

9.      and to move a loose ring

10.  to use the right hand in inserting the water into the mouth and nose

11.  to use the left hand to clean the nose

12.  for other than a ma`dhur 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

Makruh acts in Wudu’

The makruh acts in wudu are six

1.      Wasting water

2.      being miserly with water

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.      to do mash of the head thrice with new water.

Types of Wudu’

There are three types of wudu’:

·        Fard upon one who wishes to perform a ritual prayer, even though it be nawafil (supererogatory prayers), the janaza salaah, for sajda al-tilawa or to touch the Qur’an, even a single verse

·         Wajib for the circumambulation (tawaf ) of the Holy Ka`ba

·        Mustahab

o       for one wishing to sleep in a ritually pure state;

o       upon awaking;

o       so that one can be continuously in the state of wudu’;

o       for the performance of wudu’ for one who is already in the state of wudu’;

o       after backbiting, telling lies, carrying tales and any other sin;

o       after the recitation of poetry;

o       after laughing loudly outside salah;

o       after bathing or carrying a dead body;

o       for the time of each salah;

o       before bathing from major ritual impurity;

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

o       before having sexual intercourse;

o       upon becoming angry;

o       for the recitation of the Qur’an;

o       the reading and transmitting of ahadith;

o       for the studying of sacred knowledge.

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

o       when visiting the grave of Rasoolillah(SAW)

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

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

o       after eating camel meat;

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

Things that Nullify the 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.

5)         An equal amount or predominance of blood upon one’s spit. 

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

7)         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.

8)         Due to losing consciousness or

9)         one’s sanity and

10)     upon becoming drunk;

11)     Loud laughter by a conscious adult in any ritual prayer consisting of ruku` (bowing) and sujud (prostrating). 

12)     Contact of sexual organs

Things that do not Nullify Wudu’

1)      Blood which has not flowed from its wound;

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)      touching one’s sexual organs

5)      vomit which is not a mouthful

6)      vomit of a mouthful or more but that of phlegm;

7)      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;

8)      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. 

Ghusl  (Bathing)

Things that necessitate ghusl are six:

1)      The emission of sperm which has departed from its origin whilst in a state of sexual arousal provided this emission has taken place without intercourse.

2)      Contact between the male and female sexual organs

3)      A wet dream

4)      When recovering from intoxication or upon regaining consciousness one finds some wetness which one believes to be sexual discharge

5)      upon the stopping of menstruation

6)      upon the stopping of postnatal bleeding.

It is al-fard al-kifaya (communal obligation) to bathe a dead person.

Things that do not necessitate Ghusl

1)      The emission of madhi (a thin, sticky, white fluid caused by amorous play or kissing)

2)      The emission of wadi (a thick white cloudy liquid, which has no smell and is generally released after urination 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)      Contact of the sexual organs with a cloth between them 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)       

Fara’id of Ghusl

1)      To rinse the mouth and nose and wash the entire body

2)      To clean the inner part of the circumcisable part provided it can be opened without any difficulty

3)      to wash the inner part of the navel

4)      to wash the inside of a hole/wound which has not sealed

5)      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

6)      To ensure that water reaches to the skin underneath the beard, moustache and eyebrows

7)      To ensure that water reaches the external part of the sexual organs

Sunnas of Ghusl

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 prior to bathing even though it be on separate places

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

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

10)  To rub the body;

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

The adab of ghusl are the same as that of wudu’ except that one should not face the Qibla, because generally one is in a naked state. That which is makruh in wudu’ is also makruh in ghusl.

Occasions when Ghusl  is Sunna

1)      For jumu`a prayers

2)      For Eid prayers

3)      When donning the ihram

4)      After the zenith (zawal) at `Arafah for one performing hajj .

Occasions when Ghusl is Mustahab

1)      For one embracing Islam while free from major ritual impurity
NOTE: if the person is in the state of major ritual impurity then ghusl is fard

2)      One who has become mature through age (the prescribed age is fifteen for a boy or girl)

3)      Upon regaining one’s sanity (or recovering from intoxication or consciousness

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

9)      For the morning stay at Muzdalifa upon the day of immolation

10)  Upon entering into Makkah for the tawaf al-ziyara

11)  For the eclipse of the sun, of the moon and seeking rain prayers;

12)  For the prayer of fear (salah al-khawf ) and due to darkness during the day or a strong wind.

Tayammum (Dry Ablution)

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.  The intention has three conditions

a.       that one should be a Muslim;

b.      that one possess the faculty of thought

c.       that one has knowledge of what one is intending

2)      Having 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 or thirst, or when the water is needed for baking bread, in the absence of a necessary instrument for obtaining the water, upon the fear of missing the janaza or Eid prayers. 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.

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

5)      One should perform the wiping with the entire hand or the greater part of it.

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.

The reasons for tayammum and the conditions for it being fard are the same as those for wudu’. The integral parts of tayammum are the wiping of the face and arms up to and including the elbows.

The Sunnas of Tayammum

1)      The recitation of the Basmallah before commencement

2)      The observance of the order of tayammum

3)      To perform the tayammum uninterruptedly

4)      To move the hands forwards and backwards when placed upon the soil

5)      To shake off the soil

6)      To keep the fingers wide open whilst striking the soil

7)      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, even though one may fear that the salah time may expire.

8)      It is incumbent to seek water from one possessing some, if one is in a place where people are generally not miserly with it.

9)      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.

10)  If half or more of the body is wounded then one may perform tayammum. 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.

Introduction to Mukhtasar al Quduri
Section on Prayer from Mukhtasar al Quduri
Section on Purification from Mukhtasar al Quduri