Bilal Ismail
FIQH UL HADITH
The understanding of hadith, going through the hadith of law (ahkam).
Contents
Tinuviel 2011 1
Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Student guild is an opportunity for serious students to build their knowledge of Islam
Intentions:
- Pray to Allah (swt) not to render, what we have learnt a calamity against us but may
He guide us to act according to what pleases Him.
- May Allah (swt) make learning a means to gain entrance to Paradise and earn His
pleasure.
- Seek knowledge for Allah (swt), have ikhlas and do everything for the sake of Allah
(swt).
- Intend to remove Jahl and ignorance from ourselves.
- Intend to pass on this knowledge to remove ignorance from others.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
FIQH UL HADITH
The understanding of hadith, going through the hadith of law (ahkam).
Week 1: 21/02/2011
Bulugh Al-Maram min adilat-il-Ahkam: Attainment of the Objective according to Evidence of the
Ordinances by Abul Fadl Ahmad bin Ali bin Muhammad bin Al-Hafiz ibn Hajar Al-Asqalani.
- Fiqh of Hadith, only contains hadith of Ahkam – no hadith of seerah of Prophet (s.a.w), no
hadith on aqeedah.
- Topics of hadith of law from Tahara, Salah, Nikah, Hajj..etc.
- Why study this book? The ulama across the various madahib and Muslim world hold this book in
high esteem and every single student of knowledge has to study this book. Hadith has been
sourced from over 20 books of hadith.
- ~ 1500 hadith. Special Feature: every hadith is followed by its source and grade (authentic,
weak..etc)
- Ibn Hajar al-Asqalani wrote this book for his son. Therefore he must have used great precision to
choose the most important hadith for each chapter.
- If its possible, memorize the hadith.
The Author
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Bulugh Al-Maram min adilat-il-Ahkam: Attainment of the Objective according to Evidence of the
Ordinances by Abul Fadl Ahmad bin Ali bin Muhammad bin Al-Hafiz ibn Hajar Al-Asqalani.
Introduction, page 9
Terminologies used:
- The most important pillar of Islam after the Shahadatain is the pillar of Salah. The Prophet
(s.a.w) states in authentic hadith recorded by Imam Ahmad:
“The key for salah is purification.”
Therefore purification must be studied before Salah.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 3: (1) Water cannot be rendered impure except if it changes in its taste, smell or colour.
(2) Water is pure unless any impure (najis) thing is added to it which changes its taste,
smell or colour. Page 19 – 20.
Hadith 4: Najis does not render a large amount of water (Qullatain) impure. Page 20
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 5: Prohibitions with regard to stagnant water. Adab and etiquette issue. Page 20
Hadith 6 and 7: Use of water left over from purification of the opposite gender for
wudu/ghusl/janabah. Page 21
- Hadith [6]: Leftover water used by a person for an act of tahara cannot be used by anyone else,
male or female. This was at the beginning of Islam.
- Hadith [7]: Narrated by Ibn ‘Abbas (r.a) [Biographies] recorded by Imam Muslim: The Prophet
(s.a.w) used the leftover water used by his (s.a.w) wife Maimuna (r.a) [Biographies] after she
used it for purification.
- Hadith [7]: Ashab as-Sunan (same thing as Sunan Al-Arba’a) stated that the Prophet (s.a.w) used
water leftover by one of his wives who used it for purification from the state of janabah. When
she asked him about it, he (s.a.w) stated that water does not become impure by someone using
it [as long as it can still be identified as water from its taste, smell and colour].
- Final rule of shari’ah: It is permissible for any male or female to use the leftover water, used for
any reason, of any other male or female as long as the water can still be identified as water from
its taste, smell and colour. BASIC RULE.
- Note: In many authentic hadith, it is narrated that the Prophet (s.a.w) would take a bath with
Ayesha (r.a). She would put her hand into the bowl of water and then He (s.a.w) would put his
hand inside the bowl. It is also an indication that between husband and wife, it is permissible to
look at the awrah.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
- Upon the authority of Abu Huraira (r.a) [Biographies] recorded by Muslim and Tirmidhi.
- The Prophet (s.a.w) stated that the purification of a vessel contaminated with the najis of a
dog’s saliva is by washing It 7 times, 1 time with sand.
- Based upon various narrations, (1) rub the vessel once with sand and wash it 6 times with water
or (2) rub the vessel once with sand and wash it 7 times with water. Both are authentic.
- This hadith is proof that the dog’s saliva is something that is extremely najis (impure) in Shari’ah.
Note: in reality, there is nothing more najis than the saliva of the dog in Shari’ah.
- The text specifies the dog only and not any other animal. No qiyas (analogy) is made for any
other animal.
Note: The rest of the body of the dog and opinions of other madhabs:-
- According to the correct opinion, the hair, the body and anything else of the dog is not najis,
only the saliva. Opinion of majority of the scholars.
- Maliki madhab: (1) The whole dog is completely tahir (pure) – since it is permissible to use dogs
for hunting and in Shari’ah it is not required to wash the prey, which has been carried by the
hunting dog in its mouth (contact with saliva), with sand and water (2) It is permissible to eat
the dog.
- Hanafi scholars: State that the vessel contaminated by saliva need only be washed 3 times.
Why? In some narrations (that have some weakness), Abu Huraira (r.a) gave a fatwa that it is
permissible to wash the vessel 3 times. Correct opinion is to take the statement of the Prophet
(s.a.w) over the ijtihad of Abu Huraira (r.a).
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 11: General ruling for consumption of dead animals and blood. Page 22
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Other matters:
Stolen water:
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
General Rules:
Kunyah: Imam Nawawi (r.a) mentioned that it is mustahab (highly recommended) and sunnah
(supererogatory) for everyone to have a kunyah whether they are young/old/married/unmarried/have
kids/no kids.
Tinuviel 2011 10
Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Bulugh Al-Maram min adilat-il-Ahkam: Attainment of the Objective according to Evidence of the
Ordinances by Abul Fadl Ahmad bin Ali bin Muhammad bin Al-Hafiz ibn Hajar Al-Asqalani.
Week 2: 28/02/2011
BOOK 1: Kitab at-Tahara – The book of Purification
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 16, 17 & 18: Using animal skins (leather): Tanning makes them pure. Page 24
Tanning Slaughtering
Goat Goat
Cattle Cattle
Camel Camel
Therefore not lion! Not lion
- Some sahaba were concerned about this issue since the People of the Book consumed alcohol
and pork.
- Prophet (s.a.w) forbade the use of the utensils of the People of the Book unless there are no
other utensils. Condition of use: wash the utensil then eat using it.
- The prohibition is of a light nature.
- Opinions of scholars:
(1) Based on the hadith the Zaahiri (literalist) scholars consider using the utensils of the People of
the Book as totally haram.
(2) Majority of scholars state: It is permissible except if it is known that there is some sort of
impermissible food or alcohol on the utensil/in the food, then it requires washing before it is
permissible to use the utensil. Proofs: (1) The Prophet (s.a.w) was invited to the homes of the
People of the Book and he would accept the invitation and eat with their utensils. (2) In Makkah,
the new Muslims were living in homes with mushriks and the Prophet (s.a.w) never advised
them to get their own utensils. (3) The Sahaba that travelled to conquered lands were never
advised to refrain from using the utensils of the Jews and Christians.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 20: The utensils and the person of the disbeliever are not najis. Page 25
- The Prophet (s.a.w) had drunk from a vessel of a mushrik (non-believer) woman.
- The vessel was made of leather, and as a person from a mushrik background, the animal was not
Islamically slaughtered. The sahaba and the Prophet (s.a.w) touched it, used it, drank from it. An
indication that tanning process makes the leather permissible to use as long as it is a halaal
animal.
- The saliva of the disbeliever is not najis since the sahaba and the Prophet (s.a.w) drank from her
vessel. An indication that the person of the disbeliever is not najis.
- Opinions of scholars:
(1) Based on the Qur’anic verse “The mushrik is najis” the Zaahiri (literalist) scholars and Hasan al-
Basri (r.a) consider the disbelievers as najis.
(2) Majority of scholars: the disbelievers are not najis. (1) The Qur’anic verse refers to the najis of
the aqeedah of the disbelievers, the aqeedah of shirk. (2) Based on this hadith, the Prophet
(s.a.w) did not consider the disbelieving woman to be najis as he drank from the vessel that she
would have used. (3) The Prophet (s.a.w) would accept invitations from disbelievers. (4)The
Shari’ah allows the Muslim male to marry women from the People of the Book.
Hadith 21: Small amounts of silver on utensils are permitted if there is a need. Page 25
- The Prophet (s.a.w) had repaired a crack in his cup with silver wire (small amount) and drunk
from it.
- The prohibition with regards to silver is of a lighter nature as opposed to gold (not at such a high
degree as gold). Gold utensils are completely prohibited.
- Some ways silver was used: (1) The Prophet (s.a.w) had a ring made out of silver. (2) The Sahaba
had silver on the sides of their swords. (3) From this hadith, Prophet (s.a.w) filled up the crack of
his utensil with silver.
- Silver is permissible for utensils when there is haja (need). Gold is only permissible for utensils
when there is darurrah (extreme dire need).
- With regards to the ring of the Prophet (s.a.w): The Prophet (s.a.w) was advised by the Shaba
that official letters to rulers/kings would not be accepted without a seal from him (s.a.w) so he
had a ring. He (s.a.w) prohibited the wearing of rings by men on their index or middle finger
[recorded by Imam Muslim]. He (s.a.w) wore his ring on his little finger. Scholars have differed
about which hand, there are hadith for both hands. Therefore both of the hands are permissible
inshaAllah.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
General Rules:
1. Eating and drinking from gold or silver utensils is totally haram for all Muslims.
2. By qiyas (analogy) the usage of any object, instrument, utensil or appliance made of gold or
silver is haram (forbidden and sinful).
3. When the skins of animals (whether they were found dead or slaughtered) are tanned, it is
purified and permissible to use. Correct opinion: It must be a halaal animal.
4. It is better to avoid the utensils of the disbelievers, bit if it is required for use, make sure that
there is no filth (non-halaal substances) on it and it will be permissible for use.
5. The prohibition on silver utensils is of a lighter nature. Small amounts of silver on utensils are
allowed if there is a need.
Matters in which scholars differ: It is better for the Muslim to stay away from such matters if possible.
Animals which can be eaten: General rule, all things are permissible until proven otherwise.
Animals which cannot be eaten: Pig (prohibited in the Qur’an), Animals/Insects that Muslims were
ordered to kill (rat, scorpion, snake), animals that Muslims were ordered not to kill (bees), animals
mentioned in Surah Maidah (animal that falls off a cliff, animal that was gorged by another animal and
falls down dead, animals that are strangled to death, animals with talons and animals that hunt with
canines).
Tinuviel 2011 14
Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Bulugh Al-Maram min adilat-il-Ahkam: Attainment of the Objective according to Evidence of the
Ordinances by Abul Fadl Ahmad bin Ali bin Muhammad bin Al-Hafiz ibn Hajar Al-Asqalani.
Week 2: 28/02/2011
BOOK 1: Kitab at-Tahara – The book of Purification
Hadith 22: Whether khamr (alcohol) tahir (pure) or najis (impure/filthy). Page 25
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
- 100% consensus by scholars that khamr (alcohol) is haram to consume. The person who denies
this leaves the fold of Islam as there is 100% unanimity regarding this matter.
- Prophet (s.a.w) stated that khamr is the mother of all evils, hadith recorded by Imam Nasa’i. As
a person is more inclined to commit an evil act while intoxicated.
Hadith 23: The flesh of domesticated donkeys is haram to consume (najis). Page 26
Hadith 24: Everything from a halaal (permissible to consume) animal (its saliva, urine, defecation,
excretion) is tahir. Page 26
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 26: Differences in the method of removing najasah associated with the urine of the male
and female infant. Page 27
- The Prophet (s.a.w) stated that the urine of the female child is to be washed (rinsed off) while
the urine of the male child just requires sprinkling of water.
- Qisa’ (Story behind it): The Prophet (s.a.w) was carrying a child that urinated and he (s.a.w)
called for some water to be brought forward and he (s.a.w) sprinkled water over it.
- The age of the child is before weaning (infancy – still being breastfed).
- There is no difference in najasah of the urine of the male or female child. They are both 100%
najis and require cleansing.
- Difference exists only in the manner of cleansing. There is a degree of leniency in the
purification of the najasah related to the male infants urine as it was more common for the male
infant to be carried around with the men, in their gatherings and in the Masjid. More chances of
the infant urinating and so with difficulty comes ease so the Shar’iah allows a degree of
leniency. This explanation was extracted from the wisdom of scholars. Whether it is the actual
reason for the concession is not known.
- It is proof of the akhlaq (manners) of the Prophet (s.a.w), that he would not think it demeaning
for himself to be above and beyond carrying and looking after children.
Hadith 27: Blood of menstruation is najis. Purification of blood from menstruation. Page 27
Hadith 28: Blood of menstruation is najis. Purification of blood from menstruation. Page 27
- This hadith has some weakness in it according to Ibn Hajar Al-Asqalani (author of the book). In
reality the hadith is acceptable and authentic as classed by Sh. Al-Albaani.
- Khaula (r.a) asked the Prophet (s.a.w) what to do about the colour of the blood of menstruation
that is difficult to wash off. The Prophet (s.a.w) said that it is sufficient to wash it many times
and the colour is not a major issue.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
General Rules:
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Bulugh Al-Maram min adilat-il-Ahkam: Attainment of the Objective according to Evidence of the
Ordinances by Abul Fadl Ahmad bin Ali bin Muhammad bin Al-Hafiz ibn Hajar Al-Asqalani.
Week 3: 07/03/2011
BOOK 1: Kitab at-Tahara – The book of Purification
- Recorded by Muslim: The Prophet (s.a.w) stated that anyone who perfects their wudu’ and then
recites - Ashadu an la ilaha illa'llahu wahdahu la sharikalah wa Ashadu anna Muhammadan
abduhu wa Rasulu – Allah (swt) opens the eight doors of paradise for that person.
- Recorded by Imam Ahmad in his book Musnad: The Prophet (s.a.w) states that none safeguards
their wudu’ except for the true believer. i.e: always stay in a state of wudu.’
Other issues:
- A person requires intention for wudu’ and the place for intention is in the heart. i.e: Just waking
up/stand up/begin taking wudu’ means there is intention for wudu’ as its done for a specific
purpose (prayer/staying in state of wudu’…etc).
- Verbalizing the intention is not legislated in Islam. Ibn Taymiyyah (rahimullah) stated that a
person that verbalizes intention has a deficiency in religion and aql (mind).
o Deficiency in religion - The Prophet (s.a.w) never informed us of verbalizing intention, it
was not practiced by the Sahaba and it was never mentioned by the four Imams.
o Deficiency in aql (mind) – Every act is an act of worship. If intention is not said aloud for
going to work, reading, gardening..etc then it does not make sense.
- Reciting specific supplications during various actions of wudu’: Imam an-Nawawi (rahimullah)
stated that none of these adkhar can be traced back to the Prophet (s.a.w), they are not
authentic. Ibn Qayyim stated that all of these adhkar are lies upon the Prophet (s.a.w).
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
single wiping act in the middle, followed by another washing. Usually they would categorize all
the similar aspects together: ‘washing’ and then ‘wiping.’ However, it was not separated and
therefore it entails a sequence of actions.
- Continuity of actions: The washing of one limb after the other should take place as regulated by
scholars: ‘before the water on the last limb has dried.’ It is not correct.
- After the demonstration ‘Uthman (r.a) states:
o Ist narration: “I have seen the Prophet (s.a.w) taking a wudu’ like the wudu’ that I just
performed for you.
o 2nd narration: “Whoever performs their wudu’ the manner that I did and then performs
two rak’aat of salah without engaging in external matters, their past sins will be
forgiven.”
Hadith 31: Number of times to perform mash (wipe) of the head. Page 29
Hadith 32: Sunnah manner and method of Mas’h (wiping) of the head. Page 29
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 33: Sunnah manner and method of Mas’h (wiping) of the ears. Page 29 - 30
- The Prophet (s.a.w) advised to make perfection of wudu’ by giving every limb its haqq (right)
and wash between the fingers with the fingers of the other hand and between the toes and go
into extremes in istinshar (uptake of water into the nasal passages), except when fasting.
- The hadith is proof that there is a link between the nasal passage and stomach.
- This hadith is also proof that we try to close the door to fitnah (trials) that would lead to greater
harm (breaking the fast).
- Hadith recorded by Imam at-Tirmidhi: the Prophet (s.a.w) used the khinsar (little finger) to make
takhleel (pass fingers through) of the toes. No mention of which hand but based on the rule of
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
using left hand for cleansing impurity and right hand for all goodness, the left hand should be
used for takhleel between the toes.
Hadith 37: Running fingers through the beard during wudu’. Page 31
Hadith 38: Forms of purification and usage of water during wudu’. Page 31
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 39: Water used for mas’h (wiping) of the ears. Page 31 - 32
- Recorded by Imam Bukhari and Muslim, narrated by ‘Abu Huraira (r.a) [Biographies].
- The Prophet (s.a.w) stated “On Judgment day, the Ummah of the Prophet (s.a.w) would be
recognized by the brightness/whiteness on their heads, hands and other limbs.”
- According to some scholars, this hadith is proof that wudu’ is something specific to the Ummah
of Prophet Muhammad (s.a.w). There was no wudu’ for the previous Peoples of the Book.
However this conclusion does not stand the test of time as in Sahih al-Bukhari the hadith of
Juraij al Abid, from Bani Israel, a monk in a monastery. A prostitute wanted to test him and
tempted him but he refused. She later had relations with a shepherd and got impregnated and
blamed it on Juraij. When the child was born, the people got angry and demolished his
monastery. Juraij took wudu’ and asked the child who his father was. The child responded that it
was the shepherd. The people offered to rebuild the monastery in gold but Juraij declined and
had it rebuilt in the same material as before.
- Therefore, wudu’ was something known in the previous Shari’ahs.
- The aspect that is specific to the Muslims is the brightness on the Day of Judgment on the areas
over which wudu’ was performed.
- Towards the end of the hadith, Abu Huraira states that whoever can increase this brightness,
should do it. It is the words of Abu Huraira (it is mudraj) as there are over 10 narrators of the
hadith and none of them mentioned this extra portion.
- The hadith in Sahih Muslim: A Sahabi came across Abu Huraira performing wudu.’ Abu Huraira
would wash his arms up to his armpits and his feet up to his knees to increase brightness on the
day of resurrection. The Sahabi was astonished at the sight and when questioned, Abu Huraira
stated that if he had known the Sahabi was there, he would not have made wudu’ in that
manner. This manner of wudu’ was the ijtihad of Abu Huraira (r.a). The wudu’ of the Prophet
(s.a.w) would stop up to elbows for arms and up to ankles for feet and would not wash them
more than three times.
Tinuviel 2011 26
Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Bulugh Al-Maram min adilat-il-Ahkam: Attainment of the Objective according to Evidence of the
Ordinances by Abul Fadl Ahmad bin Ali bin Muhammad bin Al-Hafiz ibn Hajar Al-Asqalani.
Week 4: 14/03/2011
BOOK 1: Kitab at-Tahara – The book of Purification
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 46: Tasmiyah (taking the name of Allah (swt)) before wudu’ is sunnah. Page 33
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 47, 48 and 49: Manner and method of cleansing the nasal passage and gargling. Page 33 -
34
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
General Rules:
1. A verbal intention for wudu’ is not prescribed and neither is the adkhar for washing each
individual limb/body part.
2. Using the miswak/siwak is a stressed sunnah of the Prophet (s.a.w).
3. There are 4 faraid actions to wudu.’
4. Maintaining the sequence of the fard actions of wudu’ is obligatory.
5. Washing and wiping of limbs should occur concurrently ‘before the last limb has dried.’
6. The entire head must be wiped, not just a portion of it, only once.
7. The ear is wiped and not washed.
8. It is haram to waste water.
9. Limbs/Places of wudu’ will shine brightly on the day of Judgment.
10. A Muslim begins acts of righteousness and goodness with the right.
11. Tasmiyah (taking the name of Allah (swt)) before wudu’ is sunnah.
Tinuviel 2011 32
Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Bulugh Al-Maram min adilat-il-Ahkam: Attainment of the Objective according to Evidence of the
Ordinances by Abul Fadl Ahmad bin Ali bin Muhammad bin Al-Hafiz ibn Hajar Al-Asqalani.
Week 5: 21/03/2011
BOOK 1: Kitab at-Tahara – The book of Purification
- Imam At-Tahawi in his book (Aqeedah at-Tahawiyya) of aqeedah of ASWJ mentions this fiqh
issue. Why mention a fiqh issue in a book of aqeedah? This is a differentiating factor between
ASWJ, the Shi’a and the Khawarij.
- The Shi’a and the Khawarij do not allow wiping over the khuffain.
- ASWJ have narrations from over 70-80 companions (mutawwatir) illustrating the permissibility
of wiping over the khuffain. The Ashara al-Mubashshara (10 who were given glad tidings of
Paradise) all narrated the permissibility of wiping over the khuffain.
- Narrated by Mughira bin Shu’ba (r.a) [Biographies]. Recorded by Imam Bukhari and Muslim.
- He (r.a) was on the journey of Tabuk with the Prophet (s.a.w). The Prophet (s.a.w) was taking his
(s.a.w) purification and Mughira (r.a) tried to help him (s.a.w) take off his (s.a.w) socks. The
Prophet (s.a.w) stopped him and stated that he (s.a.w) was in a state of purification when he
(s.a.w) put the socks on.
- Hukm (ruling) from this hadith: Total permissibility of wiping over the khuffain.
- Further proof: Verse in the Qur’an stating that wiping should be done right up to and including
the kabain. This wiping is done when there is a foot covering.
- Condition: This concession is only allowed if the khuffain is put on after a complete wudu’ and in
that complete state of purification.
- Is the wiping better or is it better to take off the foot covering and wash the feet? Since the
Prophet (s.a.w) does not leave what is better, if a person is wearing a khuffain or jurrabain, it is
better to wipe over them.
- There is no requirement of need for this concession. Imam An-Nawawi states by ijmaa’
(concensus) of scholars that wiping over the foot covering is not attached to need or difficulty.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
- Some conditions laid out by scholars: [1] The foot covering should not have any holes in them.
[2] The individual should be able to walk a distance of about 2km without tearing the foot
covering. These are not mentioned in Qur’an and sunnah.
- Ibn Taymiyyah stated that the Sahaba were people of poverty and not richness, their khuffain
would have holes in them. Therefore, as long as the khuffain are considered to be an adequate
covering for the feet, it is permissible to wipe over them.
Hadith 54 and 55: The method of performing mas’h (wiping) over the khuffain Page 36
- [Hadith 54] Narrated by Mughira bin Shu’ba (r.a) [Biographies], Sunan Al-Arba’a.
- The Prophet (s.a.w)would wipe over and under his (s.a.w) feet.
- This hadith is weak and should not be acted upon.
- [Hadith 55] Narrated by ‘Ali (r.a) [Biographies].
- ‘Ali (r.a) stated that if the religion was based solely on aql (intellect), it would make more sense
to wipe under the foot covering as it gets more dirty. However, he (r.a) saw the Prophet (s.a.w)
wipe the upper part of his (s.aw) leather socks.
- Majority of scholars state that a greater portion of the upper part of the foot covering should be
wiped. This would suffice. The complete upper portion of the socks need not be wiped.
Tayammum
- Regarding tayammum (purification with sand in the absence of water): if feet were covered with
khuffain or jurrabain in the state of purification of tayammum and water is found, it is not
permissible to wipe over the feet with water. The issue of foot covering is specific to purification
with water.
Jurrabain
- For jurrabain, based upon hadith recorded by Imam Ahmad in his book Musnad and Imam
Tirmidhi, the Prophet (s.a.w) took a wudu’ and wiped over his (s.a.w) jurrabain. Scholars have
deferred regarding the authenticity of the hadith. Sh. Al-Albaani and other scholars regard it as
authentic. Imam Ahmad ibn Hanbal did not consider the hadith to be authentic but allowed
wiping over the jurrabain based on the practice of the Sahaba (ibn Masud, Anas, Bilal.. etc
narrated that they would wipe over their jurrabain).
- Ibn Qudamah in his book Al- Mughni stated ijmaa’ of the sahaba for wiping over the jurrabain.
The Sahaba stated that there is no difference of wiping over the khuffain and jurrabain as both
of them are foot coverings.
- The only prohibition is doing mas’h (wiping) over extremely thin socks which are see-through for
both males and females.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
Hadith 56 and 57: Time period for mussaffir (traveller) and muqeem (resident). Page 36 - 37
- [Hadith 56] Narrated by Safwan bin ‘Assal (r.a) [Biographies], Sunan Al-Arba’a.
- While on a journey, the Prophet (s.a.w) stated that it was permissible to wipe over the foot
covering for 3 days and 3 nights even if a person has answered the call of nature or fallen asleep
except in the state of janaba (sexual impurity).
- Wiping over the foot covering is permissible for purification from minor states of impurity (going
to the toilet) or sleep. For major states of impurity (janaba), complete ghusl is required and the
foot covering needs to be taken off.
- Hadith is proof that sleep breaks wudu.’
- [Hadith 57] Narrated by ‘Ali (r.a) [Biographies].
- The Prophet (s.a.w) stated that the duration of the concession is 3 days and 3 nights for a
mussaffir (traveller) and one day and one night for a muqeem (resident).
- The time period begins when the wudu’ is done over the foot covering the first time.
Taking off the foot covering:
- Strongest opinion: After taking wudu’ using the concession by wiping over the foot, if the foot
covering is removed, majority of scholars state that the wudu’ is broken. They state that it is as if
the individual has separated themselves from their tahara after removing the foot covering.
- Sh. al-Albaani and others state that if the foot covering over which wudu’ using the concession
by wiping over the foot is done, is taken off, nothing needs to be done and the wudu’ is still
valid. [1] Based on qiyas (analogy) when wudu’ does not break when cutting off the hair on the
head after wudu’ is done over the head. [2] Based on no evidence in Qur’an and sunnah that
wudu’ is broken this way.
- Least strongest opinion: Maliki scholars state that if the foot covering, over which wudu’ using
the concession by wiping over the foot is done, is removed, it is only required to wash the feet
and then the feet can be covered again. However this is not correct as the mualaat
(continuation of the sequence of wudu’ before the previous limb is dry) is not maintained.
Upon expiration of the duration of concession:
- Majority of scholars (safest opinion): Requires a fresh complete wudu.’
- Maliki scholars: Requires washing feet only.
- Sh. al-Albaani and others state that nothing needs to be done since there is no proof of that
there is a requirement of a fresh wudu.’
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
- The Prophet (s.a.w) sent some Sahaba on a military expedition and allowed them to wipe over
their turbans and khuffain for their wudu.’
- For bandages, a Muslim is allowed to wipe over it.
- Differences of bandage and khuffain: [1] there is no condition of prior complete tahara for the
bandage because of difficulty. [2] There is no time constraint, it is allowed for as long as
necessary. [3] Concessions apply for both minor (wudu’) and major (ghusl) purification. [4] The
entire bandage needs to be wiped over. Not just the upper portion.
- Ibn Taymiyyah and Sh. al-Albaani state that in exceptional circumstances allows the time period
for concession to be increased indefinitely when there is dire need and difficulty.
- The Prophet (s.a.w) allowed the wiping over the khuffain and laid down the concession for 3
days and 3 nights for the mussaffir (traveler) and one day and one night for the muqeem
(resident) as long as the khuffain were put on in a state of complete wudu.’
- When the Prophet (s.a.w) was asked about wiping over the socks, he (s.a.w) stated that its
permissible for one, two, three days and as long as the person wishes.
- Abu Dawood narrated this hadith and stated that it is not strong.
Exceptional Circumstances:
- Ibn Taymiyyah and Sh al-Albaani state that in exceptional circumstances, there are exceptional
rules.
- Qisa’ (incident): Ibn Taymiyyah states that once when he was with a caravan on a journey and
the duration of concession of a mussaffir (traveler) was over for him. He required taking a fresh,
complete wudu’ and washing his feet. He was not in a position to get off his steed and would
slow down the caravan and remembered the opinion of the scholars that stated that there was
no fixed time period so he used that opinion.
- Qisa’ (incident): When Sh. al-Albaani was asked by the mujahideen of Afghanistan that they
came across certain circumstances that 3 days and 3 nights are not enough for them. Therfore
Sh. al-Albaani gave them the fatwa that in their exceptional circumstance, they are allowed to
wipe over the khuffain and jurrabain.
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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail
General Rules:
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