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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).

Contents

Week Topic Page


Intentions 2
Week 1 Book and Author 3
Book 1: Tahara 4
Chapter 1: Water 4
Week 2 Chapter 2: Utensils 11
Chapter 3: The Nature and Cleansing of An-Najasah (The Impurities) 15
Week 3 Chapter 4: Wudu’ – Ablution 20
Week 4 Wudu’ – Ablution continued
Week 5 Chapter 5: Mas’h (Wiping) over Khuffain (Two Leather Socks) 33

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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

- Biography on page 7 of book.


- Lived in the 7th century.
- Memorized the Qur’an by the age of 9.
- Travelled extensively in the Muslim lands and authored many books in the science of hadith and
various sciences of Islam.
- When he went to Makkah, he made a dua’ that Allah (swt) grants him the memory of Imam az-
Zahabi, the great scholar of Islam. He had also lead the Tarawih prayers in Makkah.

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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:

- Agreed Upon: Hadith recorded by Imam Bukhari and Muslim.


- The Four (Sunan Al-Arba’a): Abu Dawood, Tirmizi, An-Naza’I, Ibn Majar

BOOK 1: Kitab at-Tahara – The book of Purification, page 19


Why Tahara (Purification)?

- 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.

What is Tahara (Purification)?

- It is a state that allows a person to perform certain acts of worship.

Chapter 1: Miyaah – Water, page 19


Why Miyaah (Water)?

- Water is the primary source for all types of purification.

Hadith 1: Water of the ocean is pure. Page 19

- Upon the authority of Abu Huraira (r.a). [Biographies]


- Narrated by Imam Malik in his book Muwatta.’
- Qisa’ (Story behind it): People came to the Prophet (s.a.w) confused about the permissibility of
using the salty water of the ocean for tahara (purification for ghusl, wudu) as the water used at
home is permissible to drink and usually used for wudu’ but the water of the sea is not used this
way.
- The Prophet (s.a.w) stated (1) the water of the ocean is pure and (2) the dead of the ocean is
also permissible and halaal to consume. Two matters!

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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

Hadith 2: Water is pure until proven otherwise. Page 19

- Upon the authority of Abu Sa’id al-Khudri (r.a). [Biographies]


- Qisa’ (Story behind it): There was a well (Well of Buda’a) in Madina which used to have many
leaves and dirt collect in it and people were unsure about the permissibility of using that water
for tahara.
- The Prophet (s.a.w) stated that water (all types –ocean, river) is pure and nothing can make it
impure.

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.

- (1) Narration of Abu Umama (r.a), (2) Narration of Imam al-Baihaqi.


- Ittefaq (concensus) of the muhadditein that the hadith is weak (weakness in chain of narration).
[BUT] they also have consensus that the meaning of the hadith is 100% correct an authentic.
- Applicable to any amount of water.

Hadith 4: Najis does not render a large amount of water (Qullatain) impure. Page 20

- Upon the authority of Ibn ‘Umar (r.a). [Biographies]


- Qulla: ~300L of water.
- If water reaches to the amount of Qullatain (2 Qullas) then it will not hold any impurity.
Consensus of the scholars across all madahib.
- Many scholars differed on the authenticity of this hadith. InshaAllah the correct opinion is that it
is authentic. It is classed as authentic or Hassan or acceptable by Al-Hafiz Ibn Hajar Al-Asqalani,
Imam at-Tahawi, Imam ibn Khuzaimah, Ibn Taymiyyah, Imam an-Nawawi, Sh. Ahmad Shakir, Sh.
Al-Albaani.
- For amounts less than qullatain, Imam Shafi’ie takes the mafhoom (the understood meaning)
from this hadith that if any amount of najasah falls into the water, it is impure even if it does not
change in taste, colour or smell. The Hanbali scholars are also of this opinion.
- Therefore, Shafi’ie and Hanbali madhab have a criteria of amount of water first before the
general rule of taste, colour and smell can be applied. Less than this amount, even if one drop of
najasah enters the water and no change in taste, smell and colour occurs, it is considered najis.
- This opinion divides water into pure (tahir), tahoor and impure (najis).
- Correct opinion [Maliki, Sh. Ibn Taymiyyah, Sh. Bin Baz, Sh. Uthaymeen]: Use the general rule in
hadith 2, no matter the amount of water; it is pure with the introduction of najis if it does not
change in taste, colour or smell. It is also one of the opinions in the madhab of Imam Ahmad ibn
Hanbal.
- The Hanbali madhab contains both views regarding this issue.
- The correct opinion divides water into 2 categories, pure (tahir) and impure (najis) water only.

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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

- Upon the authority of Abu Huraira (r.a). [Biographies]


- The Prophet (s.a.w) forbade from these actions: (1) None of you should take a bath in stagnant
water while in the state of Janabah (sexual impurity – intercourse or wet dream). (2) Do not
urinate in stagnant water. (3) None of you shall urinate in stagnant water then take a bath in it –
Haram and unbecoming of a Muslim.
- Abu Huraira (r.a) stated that water from a stagnant pool is to be scooped out and used
separately for purification of janabah and najis.
- Zaahiris (literalists) state that you can urinate in a cup and pour it into the stagnant pool. Just
not urinating in it directly~!!!
- Footnote [3] on p20: This applies only to small amounts of water as a large amount (abundance)
of water is considered flowing water. Flowing water is always clean and never becomes impure.
- The meaning of the hadith is ‘do unto others as you would like to be done unto you.’ The next
Muslim would not like to use this water if it becomes filthy – not najis if it has not changed in
taste, smell or colour. It is an issue of adab and etiquette.
- This also applies to a woman who is menstruating or wanting to take the ghusl after
menstruation.

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

Hadith 8: Purification from the najis of a dog’s saliva. Page 21-22

- 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).

Hadith 9: Domestic animals Page 22

- Narrated by Abu Qatada (r.a) [Biographies].


- The Prophet (s.a.w) stated that the cat is not najis, unlike the dog, as it is an animal that
intermingles with people and goes around the home.
- Shari’ah makes it easy to practice the religion as it would be too difficult to always purify things
come into contact with domestic animals. [Cat, donkeys and even the rat in warehouses where
it is difficult to keep them out].
- This hadith testifies the purity of the domestic animal itself, that intermingles with the
household, and any vessel, leftover food or drink it comes in contact with as long as there is no
apparent impurity.
- This hadith proves the Shari’ah principle: Hardship and difficulty is a reason for ease. [Prescribed
concessions are applied].

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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

Hadith 10: Purification of impurities on the ground. Page 22

- Narrated by Anas bin Malik (r.a) [Biographies].


- A bedouin entered the Masjid and started urinating in one corner. The Sahaba (companions)
were distressed and wanted to prevent him but the Prophet (s.a.w) stopped the Sahaba and
allowed the bedouin to continue. Character of the Prophet (s.a.w).
- The Prophet (s.a.w) forbade the Sahaba from reprimanding the bedouin because (1) if the
bedouin was interrupted in the middle of urinating, he might cause more harm by moving and
spreading the urine to other parts of the Masjid or he might urinate on himself accidentally: the
place of filth would increase. (2) The bedouin is uncivilized and unfamiliar/new to Islam and if he
was treated harshly, he would dislike/leave Islam. (3) Pausing in the middle of urinating might
cause harm to the male.
- The bedouin then came and sat with the Prophet (s.a.w) who spoke to him respectfully and
explained that the Masjid was a place where prayers were held and Qur’an was recited and not
suitable for relieving oneself. Character of the Prophet (s.a.w). The Prophet (s.a.w) also ordered
the Sahaba to pour water over the area (drown the filth) where the bedouin had urinated.
- The bedouin made a dua’ recorded by Imam Bukhari “O Allah(swt), have mercy on me and
Muhammad and do not have mercy on anyone except on me and Muhammad.”
- Fiqh matters: (1) The urine of humans is najis. (2) As long as the filth (eye of the filth) is drowned
in water and not identifiable, it would suffice. (3) There is no specific number of times required
for washing.
- Once the earth is dried, if the najasah cannot be seen, smelled or tasted, the area is purified.

Hadith 11: General ruling for consumption of dead animals and blood. Page 22

- On the authority of Ibn ‘Umar (r.a) [Biographies].


- Two types of dead animals (1) locusts and (2) fish and two types of blood (1) liver and (2) spleen
have been made lawful and halaal to consume.
- The hadith has some weakness but it is authentic upon the authority if Ibn ‘Umar. It cannot be
traced back to the Prophet (s.a.w) but 100% can be traced back to Ibn ‘Umar. This kind of ruling
based on halaal and haram can only be something that Ibn ‘Umar had heard from the Prophet
(s.a.w).
- Examples of eating dead animals: (1) Indication of the hardships endured by the Sahaba as often
they would have nothing to eat but locusts in their travels and expeditions. Narrated by
Abdullah ibn Abi ‘Aufa, recorded by Imam Al-Bukhari. (2) Also narrated that the Sahaba had
chanced upon a large dead fish and they ate of it for a month and a camel could pass between
its ribs (possibly a whale).
- When an animal is slaughtered, the flowing blood that is released is najis. However, after that,
the blood found in the kidneys of the animal, in the meat, in its veins is not najis. This is from the
ease of the Shariah.

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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

Hadith 12: Insects without flowing blood. Page 22-23

- Narrated by Abu Huraira (r.a) [Biographies].


- The Prophet (s.a.w) stated that if a fly falls into a drink, submerge the fly in the drink, then take
it out and throw it away, then drink the liquid. This is because one wing of the fly has a poison
which is released on contact with water and the other wing has the antidote. The immersion of
both wings neutralizes the poison and renders the liquid safe to consume/used for tahara.
- The hadith has been narrated by many sahaba. [Over 50 chains of narration.]
- Any insect without flowing blood (fly, mosquito, spider..etc) comes under this ruling.

Hadith 13: Dead animals are not permissible to eat Page 23

- Narrated by Abu Huraira (r.a) [Biographies].


- Qisa’ (Story behind it): When the Prophet (s.a.w) entered Madinah, he noticed the people cut
parts of an animal to use it while the animal is still alive and they would benefit from the animal
too. (1) Cut off humps of camels and eat/use the fat while still benefiting from the live camel. (2)
Cut off buttocks of sheep while its still alive and make use of the sheep afterwards
- The Prophet (s.a.w) made the ruling: whatever portion is cut off an animal while it is still alive,
the cut off portion follows the ruling of an animal that was found dead. It is not permissible to
eat.

Other matters:

Stolen water:

- A person is sinful for stealing water.


- If the stolen water was used for wudu and then prayers, there is a sin for stealing the water but
the prayer is valid.
- As for acceptance of the prayer by Allah (swt), in reality, no one knows whether their prayers
are accepted or not. In this case, the probability might be low.

Zam Zam water:

- Can be used for wudu and ghusl as it is water.


- The Prophet (s.a.w) used it for wudu on his (s.a.w) Hajj journey in Hadith recorded by Imam
Ahmad in his book Musnad.
- Qiyas (Analogy): During one of the expeditions, the companions could not find water. Water
gushed out from the fingers of the Prophet (s.a.w) and they used it. It was blessed water.
- Istinjah (The act of purifying oneself of the impurities excreted via the hind and front private
parts is called istinjah.): It is not becoming of the Muslim to use blessed water for istinjah when
other types of water are available. Its permissible inshaAllah in the case where there is no 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:

1. Water of the ocean is pure.


2. Basic rule regarding water: Water is pure until proven otherwise.
3. ‘Until proven otherwise’ Basic Rule: Water is pure unless it changes with something that is
najis in its taste, smell and colour. Tea bags: its not najis but if the water changes in taste, smell
and colour, its not water anymore and only pure water can be used for tahara.
4. Any dead animal is haram to eat except for the locust and the fish.
5. Blood is haram to consume except for the spleen and the liver.
6. If any insect without flowing blood (fly, mosquito, spider..etc) falls into a drink, submerge the
fly in the drink, then take it out and throw it away, then drink the liquid/use it for tahara.

Misc. Rulings (Hukm):

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.

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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 2: 28/02/2011
BOOK 1: Kitab at-Tahara – The book of Purification

Chapter 2: Utensils, page 23


Hadith 14 & 15: Using utensils made of silver and gold is haram. Page 23

- [Hadith 14] Narrated by Hudhaifa bin Al-Yaman (r.a). [Biographies]


- Sahaba living amongst Jews and Christians asked the Prophet (s.a.w) about (1) eating with the
utensils of those non-Muslims [explained in hadith 19] and (2) about their gold and silver
utensils. The Prophet (s.a.w) stated not to eat or drink from the gold and silver utensils and that
it is for the non-believers in this world and it is for the Muslims in the hereafter.
- [Hadith 15] Narrated by Umm Salamah (r.a). [Biographies]
- Umm Salamah narrates that the Prophet (s.a.w) stated that anyone that eats or drinks in gold or
silver utensils are eating and drinking fire of hell.
- Consensus of scholars that eating and drinking from gold or silver utensils is totally haram for all
Muslims.
- Qiyas (analogy): The majority of the scholars including the 4 madahib agree that if eating and
drinking in gold or silver utensils is haram, so is utilizing other objects, utensils, instruments or
appliances made of gold and silver (table, pin, mobile phone..etc). Ibn Qayyim states that there
is no doubt among scholars on this matter. However, a Muslim female is allowed to wear gold
jewellery.
- These hadiths are also an indication that we should differ from the disbelievers whenever we
are able to.
- The acceptance of wudu done from a vessel of gold is up to Allah (swt).
- However, Muslim females are allowed to wear gold jewellery and can have small amounts of
gold on their watches, tools etc. Gold on utensils used for eating is not allowed.

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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

- [Hadith 16] Narrated by Ibn-‘Abbas (r.a). [Biographies]


- General rule: When the skins of animals are tanned, it is purified and permissible to use.
- [Hadith 17] General Rule: The tanning of a dead animal’s skin purifies the skin.
- [Hadith 18] General Rule: The tanning of a dead animal’s skin not slaughtered Islamically purifies
the skin.
- Four opinions of scholars regarding tanned skins:
(1) Based on the general hadiths 16 and 17, the Zaahiri (literalist) scholars [Imam As-Shaukani]
considers any type of animal leather that has undergone tanning to be permissible.
(2) Shafi’ie scholars regard all tanned animal leather permissible except the skin of the pig (due
to the prohibition of consuming the pig in the Qur’an), dog (due to hadith that requires
washing 7 times for a dog so tanning process won’t help purify the skin).
(3) Correct opinion inshaAllah: Hanbali madhab – only the tanned leather of animals that are
halaal to consume are permissible. Using the evidence in hadith 18 where the animal in
question was a goat (a halaal animal). Also, they use the hadith recorded by Imam Nasa’i;
the Prophet (s.a.w) stated that “The tanning process takes the place of Islamic slaughter.”
(4) Hanafi madhab: The tanned leather of all animals are permissible except for the pig.

Tanning Slaughtering
Goat Goat
Cattle Cattle
Camel Camel
Therefore not lion! Not lion

Hadith 19: Consuming from utensils of People of the Book Page 24 - 25

- 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.

Misc. Rulings (Hukm):

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

Chapter 3: The Nature and Cleansing of An-Najasah (The Impurities),


page 25

Hadith 22: Whether khamr (alcohol) tahir (pure) or najis (impure/filthy). Page 25

- Narrated by Anas ibn Malik (r.a). [Biographies]


- Qisa’ (Story behind it): When the ruling of the prohibition of alcohol was revealed, the Sahaba
wanted to know if they could turn all the alcohol that they had in their homes into vinegar.
- Prophet (s.a.w) stated that it was not permissible and that they had to get rid of the alcohol
[disposing of alcohol].
- Arabic word ‘khamr’ literally means ‘covering.’ When a person consumes alcohol, there is a
khimar (covering) over their mind and intellect.
- 95% of all the scholars of the Ummah [Hanafi, Maliki, Shafi’ie, Hanbali and others] categorize
khamr as najis. Case: If it falls on clothes, it needs to be washed before salaah can be offered.
- Proof that khamr is najis: (1) Filthy = Impure. Verse in Qur’an: Khamr, gambling and.. are rijs
(something that is filthy) FAJTALIBU (stay away from it!). Majority of the scholars took the word
‘rijs’ (filthy) as indicative of a substance that is najis (impure). (2) Verse in the Qur’an: The
people of Jannah will be given a drink which is totally tahir (pure). The scholars took this to
mean that the drink of this world should thus be the opposite and is impure.
- Some scholars state that Khamr is not najis but its haram to consume. [Layth ibn Sa’ad, Imam al-
Muzanee, Imam as-Shaukani, Sheikh Ibn Uthaymeen..etc].
- Proofs for khamr being tahir: (1) Most important/strong proof: Everything is pure until proven
otherwise. Al-Qur’an: Everything on Earth was made for you to use i.e Everything is halaal until
proven otherwise. There is no clear evidence that khamr is najis. (2) Hadith: In Madinah, the
streets were flowing with khamr when the Sahaba spilled it out after the prohibition of its
consumption. Prophet (s.a.w) would have asked them to throw it out of the city if it was najis
because people would step on it and bring it into the Masjid. However, the Prophet (s.a.w) did
not say anything so khamr is tahir.
- Stronger opinion: Khamr is tahir. Why? (1) The word ‘rijs’ when taken as najis (impure) is not
applied equally to gambling machines etc which would be impure to touch. So this proof cannot
be used to state that khamr is najis. (2) All drinks in this world [milk, water, tea, soda] should
equally be considered najis if the drink of this world is najis. However its not true so the 2nd
proof is not very strong. Therefore, khamr is not najis.

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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

- Narrated by Anas ibn Malik (r.a). [Biographies]


- The flesh of domesticated donkeys is haram to consume (najis). However the opposite is true,
wild donkeys are halaal to consume.
- The rest of the donkey, its saliva, tears, hide is not najis. Only the flesh is haram to consume.

Hadith 24: Everything from a halaal (permissible to consume) animal (its saliva, urine, defecation,
excretion) is tahir. Page 26

- Narrated by ‘Amr bin Kharija (r.a).


- The camel of the Prophet (s.a.w) was called Kaswa. It was the sunnah (supererogatory) of the
Prophet (s.a.w) to name his animals and things.
- The Prophet (s.a.w) was delivering a khutbah in Mina while sitting on Kaswa (his camel) and he
could see that the saliva of Kaswa as dripping on ‘Amr bin Kharija and did not say anything
against it.
- It is proof that the saliva of the camel is not najis.
- Derived Hukm (ruling): Everything from a halaal animal (its saliva, urine, defecation, excretion)
is tahir (pure).
- Case: If a pigeon flies over your line of clothes that have been put out to dry and defecates on it,
it is sufficient to wipe off the mess and pray. It’s not najis. Why? Because its permissible to
consume a pigeon.
- Extra info: The Prophet (s.a.w) was on Hajj and he (s.a.w) performed Hajj on his camel. His
(s.a.w) manner of performing Hajj was on a mount, on a means of transport. Therefore it is the
opinion of majority of scholars that it is better for Muslims to perform Hajj on a means of
transport.

Tinuviel 2011 16
Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

Hadith 25: Semen is tahir. Page 26 - 27

- Narrated by ‘Aisha (r.a). [Biographies]


- First Narration: ‘Aisha (r.a) narrates that the Prophet (s.a.w) would was off semen on his (s.a.w)
clothes and would offer prayers in those clothes even if there were traces or remnants of the
washing.
- Second Narration: ‘Aisha (r.a) narrates that she would scrape off the semen off the garment of
the Prophet (s.a.w) and he would then go out to pray in those garments.
- Third Narration: ‘Aisha (r.a) narrates that she would scrape off the dry semen off the garment of
the Prophet (s.a.w) and he would then go out to pray in those garments.
- Maliki and Hanafi scholars consider semen to be najis: (1) From 1st narration: Semen is najis as it
requires washing. (2) Urine is considered najis since it breaks wudu, ejaculation of semen
requires a complete ghusl so it should be a greater form of najasah than urine. (3) It comes out
from the same organ as urine, they both share their exit point so they should both be najis.
- Correct opinion inshaAllah - Majority, Hanbali, Shafi’ie, Ahlul-Hadith and Zaahiri scholars as well
as ibn Taymiyyah (r.a) and Ibn Qayyim (r.a) consider semen to be tahir: (1) From 2nd narration:
Its an authentic hadith that the semen was just scraped off and prayers were offered. Scraping
does not remove it completely, some remnants would remain. So its tahir. (2) Strongest proof:
It is pure until proven otherwise. A clear text that it is najis needs to be provided. (3) Some of
the narrations of fatawa from the Sahaba [Ibn ‘Abbas (r.a)] states that there is no difference
between semen, the phlegm from the mouth and mucus from the nose. They are all the same
(tahir). You wash them all off your clothes naturally but they are not najis. (4) A person who
stayed in ‘Aisha’s house and had a wet dream, was washing up the mattress. ‘Aisha stated that
there is no need to do that, just scraping off would be fine. (5) Al-Qur’an: Allah (swt) has
elevated Adam (a.s) and the sons of Adam (a.s). Humans would not be at a state of elevation if
they were created from something that is najis (semen). It is the origin of mankind.
- So why did the Prophet (s.a.w) wash off the semen? Because its not nice for people to see.
- 4 types of excretion from the male organ: (a) Urine – 100% consensus that it is najis [Hadith of
bedouin urinating in the Masjid] (b) Pre-cum (transparent release) when a male is aroused -
100% consensus that it is najis (c) Semen – tahir (d) Wady (Murky discharge after urine) – it is
najis.
- Basic Rule: Every type of excretion from the male organ is najis except semen.
- Ghusl: Ejaculation is when there is spurting out of the semen, not if there is a discharge when
the male falls down or is sick.
- Proof that the wife serves (make khidmah) her husband: since ‘Aisha, the mother of the
believers served her husband.

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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

- Narrated by ‘Asma’ bint Abu Bakr (r.a). [Biographies]


- Prophet (s.a.w) stated that to remove the Hayd (blood of menstruation) from clothes, it (1) has
to be scraped off, (2) rub it with some water and then (3) wash it properly before the garment
can be used for prayer.
- The hadith is clear proof, and there is consensus that the blood of menstruation is totally najis.
- No specific number of times to wash the garment. It is therefore washed as many times as
required as discerned by the individual.
- There is no evidence in Islam that a women’s menstruation is a punishment to Hawwa (Eve) and
all female descendants of mankind because of Hawwa’s disobedience to Allah (swt) in eating the
forbidden fruit. It is simply something prescribed by Allah (swt) on the females of mankind.

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:

1. Everything is pure until proven otherwise.


2. The flesh of domesticated donkeys and khamr is haram to consume (najis).
3. Everything from a halaal (permissible to consume) animal (its saliva, urine, defecation,
excretion) is tahir.
4. Every type of excretion from the male organ is najis except semen.
5. The blood of menstruation is najis.

Misc. Rulings (Hukm):

- It is sunnah (supererogatory) to name your things/animals.


- It is the opinion of majority of scholars that it is better for Muslims to perform Hajj on a means
of transport.

Tinuviel 2011 19
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

Chapter 4: Wudu’ – Ablution, page 28


Definitions

- Wudu’: The act of performing ablution.


- Wadu: The water used for ablution.

Hadiths mentioning the virtues of wudu’

- 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

Hadith 29: Using a miswak. Page 28

- Narrated by Abu Huraira (r.a). [Biographies]


- The Prophet (s.a.w) would have made it compulsory to use a siwak with every wudu’ except that
it would have been a burden on the Muslims.
- The hadith identifies the importance of the miswak and the cleanliness of the mouth.
- The hadith exhibits the rahmah (mercy) of the Prophet (s.a.w) as he (s.a.w) did not command
the Muslims to use the miswak for every wudu.
- Different narrations of this hadith has (a) ‘with every ablution’ and (b) ‘before every ablution.’
Thus scholars differ on the correct time for using the miswak. Both are valid.
- Some narrations state ‘with every salah’ – this is permitted and valid.
- The word siwak/miswak can be applied to the instrument or the act of cleansing the mouth.
Mentioned by Imam Nawawi and many other scholars. Therefore, whatever you use, if the
mouth is cleansed (using toothbrush, finger, siwak..etc) this hadith has been acted upon.
- Some scholars say that as it is an act of ibadah, it should be with the right hand. However others
state that since it is an act of cleansing which usually warrants the use of the left hand (istinjah),
it should be done using the left hand. Both opinions are valid.
- Imam Ahmad in his book Musnad has hadiths that state that using the miswak will increase the
reward of the prayer by 70 times. There is weakness in the hadiths. Therefore, it is more
appropriate to consider the using of the miswak as a sunnah (supererogatory).
- There is no information regarding specific number of reward.
- The Prophet (s.a.w) stated in authentic hadith that using the miswak is cleanliness for the mouth
and it is beloved to Allah (swt). Recorded by Imam Bukhari.
- The fasting person: Prophet (s.a.w) stated in authentic hadith “The smell emanating from the
mouth of a fasting person is more beloved to Allah (swt) than the smell of musk.” Recorded by
Bukhari. It is ok for the fasting person to use the miswak even if it removes the smell beloved to
Allah (swt) as the smell originates in the stomach because the stomach is empty so the origin of
the smell is not removed.
- A fasting person can use the miswak even after zawwal (sunrise). The Shafi’ie scholars classified
it as makhrooh (disliked). Correct opinion: it is mustahab to use the miswak even while fasting.

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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

Hadith 30: Actions and sequence of wudu’. Page 28 - 29

- THIS IS THE MOST IMPORTANT HADITH IN THIS CHAPTER


- Narrated by Humran, a slave of ‘Uthman (r.a). [Biographies]
- Qisa’ (incident): During the caliphate of ‘Uthman (r.a), the people asked him how to perform
wudu’ and instead of giving a verbal answer, he demonstrated. He asked his slave Humran to
bring him water for wudu.’
- It shows the humility of ‘Uthman (r.a) as in front of everyone, in public, he lifted up his sleeves
and performed wudu.’
- ‘Uthman (r.a) conducted wudu’ in the following sequence:
o He washed his hands 3 times. Note: There was no verbalization of intention to do
wudu’. Sunnah act, not fard.
o Gargled his mouth then took water into his nostrils and blew it out 3 times. Hukm
(ruling): Accroding to majority of scholars, it is sunnah, not fard or wajib. Proof:
Recorded by Imam Abu Da’wood: Prophet (s.a.w) ordered a bedouin to take ablution
according to the method Allah (swt) has commanded. Al-Qur’an: The gargling of mouth
and washing the nostrils were not mentioned. Mentioned were 4 areas ( wash face and
arms up to elbows, wipe head, and wash feet) – Minimum requirement for wudu.’
o Washed his face 3 times. From the top of his forehead where his hair would start up to
and including his chin, from one ear lobe to the other. The entire face. It is fard.
o Washed his arms up to and including elbows 3 times. Three times with his right hand
and three times with his left hand. In Arabic, the definition of the arm is from the tip of
the fingers right up to and including the elbows. This is fard.
o He wiped the entire head. The hadith did not say one hair or 1/3 of the head or any
other amount. It mentions the entire head and that is the obligation on the Muslim. It is
fard. How this is done is explained in the next few hadiths.
o He washed his feet right up to and including his ankles. He washed the right foot three
times and then the left foot three times, up to the ankles. This is fard. Wiping is not ok if
there is no khuffain or jurrabain on the feet. Shia allows the wiping over the bare feet.
- The complete sunnah is for a person to wash all the prescribed limbs 3 times except the wiping
of the head. Washing once or twice is also part of sunnah but not exceeding over three times.
- Note: Sunnah method of gargling is to rinse the mouth with water from left to right, up and
down and then to spit out the water.
- Note: there was no mention that ‘Uthman washed the nape of the neck. Ibn Qayyim and Imam
Nawawi stated that the hadith that mention the wiping of the nape, they are fabricated and this
action is bidah. No authentic sources for wiping the nape of the neck. The Hanaf’s base this
action in their wudu’ upon some weak/fabricated hadiths.
- This hadith demonstrates the perfect wudu’ and is the most important hadith on wudu.’
- The sequence of the acts of wudu’ described in the hadith is also an obligation (fard). The four
faraid acts must be done in sequence. Proof: [A] Verse in Qur’an stating (1) first was the face, (2)
then wash the arms (fingertips to elbows) (3) then wipe the head (4) then wash the feet up to
the ankles. [B] It is strange in the Arabic language to separate aspects of washing and have a

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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

- Narrated by ‘Ali (r.a). [Biographies]


- This hadith clarifies the number of times the head should be wiped in wudu.’
- The Prophet (s.a.w) wiped his (s.a.w) head once during wudu.’
- Therefore its not correct to wipe the head more than once.

Hadith 32: Sunnah manner and method of Mas’h (wiping) of the head. Page 29

- Narrated by ‘Abdullah bin Zaid bin ‘Aasim.


- He stated that the Prophet (s.a.w) would do mas’h of his head by:
o Ist narration: The Prophet (s.a.w) would take his hands from the front of his (s.a.w) head
and wipe them over his head to the back and bring it back to the front.
o 2nd narration: The Prophet (s.a.w) would begin his mas’h at the front of his head
(hairline), taking his hands right up to the back of his head and then he would return his
hands back to the place he begun from.
- Majority of the scholars explained the mas’h (wiping) of the head as starting at the beginning of
the head (hairline), wiping towards the middle of the head and continuing to wipe till the end of
the head then bringing the hands back along the sides of the head. This would suffice the
complete mas’h (wiping) of the head.
- This manner is the sunnah of the Prophet (s.a.w). Therefore, any other manner would suffice for
wudu’ as long as it covers the wiping of the entire head.
- This hadith is further proof that the wiping of the entire head is required for wudu’ as illustrated
in the previous hadith.
- Case: A person with long hair is not required to wipe over the whole length of hair as it it only
required to wipe over the head.

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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

- Narrated by ‘Abdullah bin ‘Amr.


- The Prophet (s.a.w) would insert his index finger into his ear and wipe the exterior of his ears
with his thumbs.
- The hadith illustrates that the ear follows the ruling of the head that it should be wiped and not
the ruling of face that has to be washed.

Hadith 34: Doing istinshar upon waking up. Page 30

- Recorded by Imam Bukhari and Muslim, Narrated by ‘Abu Huraira. [Biographies]


- The Prophet (s.a.w) stated that when a Muslim wakes up from sleep, istinshar should be done
three times. Water should be blown out from the nasal passages because shaitan spends the
night in the nasal passages.
- Istinshar should be done upon waking up, regardless of time of day or night.
- Istinshaq: The uptake of water into the nasal passages. Istinshar: The expulsion of water from
the nasal passage.
- How does shaitan do this? ‘Allahu ‘Alam! [Allah (swt) knows]. We believe in whatever the
Prophet (s.a.w) stated.

Hadith 35: Washing hands after waking up. Page 30

- Recorded by Imam Bukhari and Muslim, Narrated by ‘Abu Huraira. [Biographies]


- The Prophet (s.a.w) stated that when a Muslim wakes up from sleep, he should not put his
hands in the utensil wherein he keeps his water before washing his hands three times as it is
unknown where the hands would have been during the night.
- Imam Shafi’ie stated with regards to this hadith that the people of Hijaz would use stones to
purify themselves after istinjah (the act of purifying oneself of the impurities excreted via the
hind and front private parts is called istinjah) and they perspire due to the heat. Stones would
not remove the najasah completely and perspiration would run down the body to the places of
these remaining najasah. Hands may touch these areas when asleep.
- Case: Accidentally putting these hands in the bowl of water. It is a sinful and prohibited (haram)
act but the water can still be used if it has not changed in taste, colour or smell.

Hadith 36: Takhleel (pass fingers through) and istinshar. Page 30 - 31

- 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

- Narrated by ‘Uthman (r.a) [Biographies]


- The Prophet (s.a.w) made takhleel (pass fingers through) his beard when performing wudu.’
- He (s.a.w) had a large full beard.
- If a person has a sparse beard and the skin underneath is noticeable, that part of the skin needs
to be washed along with the face. In the case of a full beard, it would suffice to wipe over the
beard and to make takhleel over the beard.
- This action should be done when washing the face in the sequence of wudu’.

Hadith 38: Forms of purification and usage of water during wudu’. Page 31

- Narrated by ‘Abdullah bin Zaid (r.a).


- The Prophet (s.a.w) was brought 2/3 of a Mudd of water ~ 750ml of water. He (s.a.w) used it in
his purification and rubbed the water over his arms.
- Ibn Hajar al-Asqalani mentions this hadith to indicate the differences of scholars with regards to
rubbing of limbs when taking wudu.’
- Imam Malik and the Maliki madhab states that it is required to rub every limb when doing
wudu.’ It is not sufficient to place the limb under running water.
- Majority view: Rubbing of the limbs during wudu’ is not necessary. It is ziyadah (extra) and if it
is done, its good but if it is left out, the wudu’ is still valid. Proof: Al-Qur’an: Allah (swt) states to
wash the limbs and nothing about rubbing has been stated.
- 3 types/forms of purification:
o Dalk: The limbs are washed and rubbed.
o Ghusl: The limbs are washed and not necessarily rubbed.
o Mas’h: Wiping over the limb (the head/khuffain/jurrabain).
- This hadith is proof that water was not wasted by the Prophet (s.a.w) and Sahaba as 750ml of
water was sufficient for wudu.’
- Imam an-Nawawi mentioned that there is ijmaa (consensus) of scholars that wasting of water is
completely prohibited (haram).
- Hadith recorded by Imam Ibn Majah: Haram to waste water even if used from the banks of a
river. The hadith is weak. Nonetheless, it is still haram for the Muslim to waste water.
- The Prophet (s.a.w) stated in authentic hadith “There will come a people from amongst his
(s.a.w) Ummah who will go to extremes with regard to dua’ to Allah (swt) and with purification.
Excessive doubts regarding wudu’ is waswas (whispers) from shaitan.

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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

- Narrated by ‘Abdullah bin Zaid (r.a).


- 1st narration: During wudu’ the Prophet (s.a.w) would take fresh water to wipe his ears after the
mas’h (wiping) of the head. There is a lot of deficiency in the hadith.
- 2nd narration: Correct Narration - The Prophet (s.a.w) would wash his face [with fresh water
three times], and wash his arms [with fresh water three times (sometimes twice and sometimes
once)] and after that, he (s.a.w) would take fresh water for the mas’h (wiping) of his head and
ears. With the same hands, he would wipe his ears, he would not take fresh water to wipe his
ears.
- This is sunnah. Therefore a Muslim is allowed to take fresh water for the cleansing of the ears.

Hadith 40: Signs of wudu’ on the day of Judgment. Page 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

Chapter 4: Wudu’ – Ablution continued, page 32


Hadith 41: Beginning with the right. Page 32

- Narrated by ‘Aisha (r.a) [Biographies].


- She stated that the Prophet (s.a.w) loved to begin certain actions from/with the right side.
Actions such as putting on his (s.a.w) shoes from the right foot, combing his (s.a.w) hair from the
right side and in his (s.a.w) purification, he (s.a.w) would begin with the right and in all his
(s.a.w) affairs.
- Therefore the sunnah action for the Muslim is to begin with the right. When washing hands,
wash the right hand first. When washing feet, wash the right foot first.
- Imam an-Nawawi (rahimullah) states that all the Prophet’s (s.a.w) affairs mentioned in this
hadith refers to acts of goodness and acts of righteousness.
- Therefore a Muslim should begin with the right for acts of goodness and righteousness. [eating,
shaking hands, entering homes/masjids}.
- For acts related to cleansing and removal of impurity (istinjah) the left is used.
- General rule: A Muslim begins acts of righteousness and goodness with the right.
- During wudu’ the Muslim begins with the right limbs, followed by the left.
- The hadith proves that the Prophet (s.a.w) wore shoes.

Hadith 42: Beginning with the right for wudu.’ Page 32

- Narrated by Abu Huraira (r.a) [Biographies].


- The Prophet (s.a.w) advised to begin wudu’ with the right limbs.
- Majority of the scholars stated that it is sunnah.
- Therefore, sometimes ‘Ali (r.a) and Abu Huraira (r.a) would start wudu’ with the left, to establish
that starting with the right side is not fard (obligatory) but its a sunnah.

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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

Hadith 43: Wiping over the turban. Page 32

- Narrated by Mughira bin Shu’ba (r.a) [Biographies].


- When the Prophet (s.a.w) was wearing a turban, he (s.a.w) would make mas’h (wipe) over his
(s.a.w) forelock. Whatever hair was showing would be wiped and then he (s.a.w) would wipe
over his (s.a.w) turban. The Prophet (s.a.w) would also wipe over his (s.a.w) leather socks.
- This hadith is proof that it is permissible to wipe over the turban if there is difficulty involved.
- This hadith is used by the Hanafi scholars to state that it is not necessary to wipe over the entire
head, it is sufficient to wipe the forelock.
- In reality, the hadith is proof that the entire head needs to be wiped as the Prophet (s.a.w)
wiped over the forelock and the turban. As he (s.a.w) wiped over his head covering, it is an
illustration that the entire head should be wiped over.
- Females wearing scarves: It is permissible in times of difficulty. In public, there is difficulty
involved due to presence of non-mahram males.
- Proofs: [1] Qiyas (analogy) - If it is permissible for the male, it should be permissible for the
female. In the rules and regulations of the Shariah, males and females are equal until proven
otherwise. [2] Umm Salamah, the wife of the Prophet (s.a.w) would wipe over her head covering
at times.
- For both males and females, the same condition as applied to the socks applies. A complete
wudu’ needs to be done and the head covering should be worn in a state of wudu’ before this
concession can be applied for the next wudu’.

Hadith 44: Regarding the importance of maintaining sequence in wudu.’ Page 32 - 33

- Narrated by Jabir bin ‘Abdullah (r.a).


- Jabir (r.a) narrated the complete Hajj (pilgrimage) of the Prophet (s.a.w) from the time he (s.a.w)
left Madinah to the time he (s.a.w) returned to Madinah.
- Qisa’ (incident): When the Prophet (s.a.w) ascended Safa, he (s.a.w) stated “Begin with that
which Allah (swt) began with” refers to Sa’i of Safa and Marwa during Hajj. Sa’i is started from
Safa as this is how it was stated in the Qur’an.
- This hadith is significance regarding the issue of tarteel (sequence) during wudu.’ Sequence
should be maintained as described in the Qur’an. Washing of face, washing of arms (from
fingers to elbows), wiping of the entire head and washing the feet.
- The Muslim is bound to follow this sequence. Therefore, after completion of wudu,’ if a person
is sure that there was a mistake made during wudu’ regarding sequence, the Muslim has to go
back to the point where the mistake was made and continue the sequence of making wudu’
correctly from that point.

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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

Hadith 45: Washing arms up to the elbows. Page 33

- Narrated by Jabir bin ‘Abdullah (r.a).


- This hadith has some weakness in it but the meaning is correct since in the Qur’an it states wash
arms right up to and including the elbows.
- The Prophet (s.a.w) let the water run down his arms during ablution and would include his
(s.a.w) elbows.

Hadith 46: Tasmiyah (taking the name of Allah (swt)) before wudu’ is sunnah. Page 33

- Narrated by Abu Huraira (r.a) [Biographies].


- The Prophet (s.a.w) stated that the wudu’ of a person who did not say Allah’s (swt) name
(bismillah) on it is invalid.
- This hadith is weak and the scholars have debated a lot about its authenticity.
- Scholars who state that the hadith is weak (Ibn Qattan, Ibn Jawzi, Imam Baihaqi, Imam Ahmad
bin Hanbal, Shafi’ie scholars, Hanafi scholars).
- Correct Opinion: Majority scholars state that: [1] the hadith is weak. [2] Tasmiyah (taking the
name of Allah (swt)) before wudu’ is sunnah. If this is forgotten or left out purposely, the wudu’
is still valid. [3] Hadith of the bedouin – The Prophet (s.a.w) told him to take wudu’ as Allah
(swt) has ordered to do. Allah (swt) has not ordered tasmiyah at the beginning of wudu.’
- One narration in the Hanbali madhab and the Zaahiris state that tasmiyah (taking the name of
Allah (swt) before wudu’ is wajib.
- Scholars who state that the hadith is authentic or acceptable (Imam ibn abi-Shayba, Ibn Qayyim,
Imam as-Shauqani, Sh. Ahmad Shakir, Ibn Katheer, Sh. Al-Albaani).
- The hadith states ‘take the name of Allah (swt)’ so it would suffice (and is better) to say
bismillah and not bismillahir rahmanir raheem.
- Qiyas (analogy): For ghusl and tayammum, its is sunnah to state the name of Allah (swt) before
ghusl and tayammum.
- In circumstances where the toilet is in the place of wudu’ (where Allah’s name cannot be
mentioned), say it (remember Allah (swt)) in your heart as stated by Imam Ahmad ibn Hanbal.

Tinuviel 2011 29
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

- [Hadith 47] Narrated by Talhah bin Mussarif (r.a).


- The Prophet (s.a.w) would gargle his (s.a.w) mouth thrice, take a break and then cleanse his
(s.a.w) nasal passages (istinshaq – uptake of water and istinshar – expulsion of water) three
times.
- The hadith has some weakness in it.
- [Hadith 48 and 49] Narrated by ‘Ali (r.a) and ‘Abdullah bin Zaid (r.a) [Biographies]
- The Prophet (s.a.w) would take water in one hand, take some up into his (s.a.w) mouth and the
rest that remains in his (s.a.w) hand would be taken up into the nose. The water from the nose
is then expelled and then the water used to gargle the mouth is spit out. This would be done 3
times.
- This is an authentic hadith.
- Both of the hadith are from the sunnah of the Prophet (s.a.w) but hadiths 48 and 49 are more
authentic. Both ways are acceptable.
- This is a sunnah act of wudu’ as it is not mentioned in the Qur’an.

Hadith 50: Continuation in the sequence of wudu. Page 34

- Narrated by Anas ibn Malik (r.a) [Biographies].


- The Prophet (s.a.w) saw a man who had a spot on his foot that had not been washed properly in
his wudu.’ The Prophet (s.a.w) told the man to go back and complete his wudu.’
- In the explanation is another narration in Abu Dawood which clarifies this hadith states that the
man was ordered to repeat his wudu’ and his prayer.
- This is an issue of continuation in wudu.’ Every limb must be washed in sequence, continuously
before the previous limb had dried under normal circumstances. Otherwise, the wudu’ must be
redone from the beginning and any act of worship done between that time is invalid.
- Therefore, continuation of the wudu’ between limbs in sequence is mandatory.
- Short breaks are permitted as long as the water from the previous limbs have not dried.

Hadith 51: Conservation of water. Page 35

- Upon the authority of Anas ibn Malik (r.a) [Biographies].


- The Prophet (s.a.w) would use a Mudd (700 ~ 750ml) of water for his (s.a.w) wudu’ and a Sa’ ` 3
litres (or 5 Mudd) of water for ghusl.
- Proof that the Prophet (s.a.w) did not waste water.
- Imam Nawawi stated that it is ijmaa’ of scholars that a Muslim is not allowed (haram) to waste
water.

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Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

Hadith 52: Dhikr/Dua’ (supplication) recited after wudu’. Page 35

- Upon the authority of ‘Umar ibn Khattab (r.a) [Biographies].


- The Prophet (s.a.w) stated that anyone who completes a perfect wudu’ and says the Kalima
(words) of Shahada ‘I testify that there is no God worthy of worship but Allah who has no
partner and I testify that Muhammad is His slave and Messenger’ will have all 8 gates of
Paradise opened to him/her and he/she may enter from any one of them.
- Therefore after external purification (i.e. wudu’) the Muslim makes internal purification by
cleansing the heart of shirk (associating others with Allah (swt)).
- In another narration, an additional dua’ (supplication) ‘Oh Allah! Include me among those who
are constant in repentance and those who are always in a state of purification.’
- Another hadith recorded by Imam Nasa’i, that a Muslim should say ‘Glory be to Allah and praise
be up Him, I testify that there is none worthy of worship but Him and I seek refuge and repent
to Him.’
- There is another hadith that states that these dua’s should be recited when looking up at the
sky. This is not authentic.
- Hell has 7 doors; it is a sign that the Mercy of Allah (swt) always overpowers His anger.

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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.

Misc. Rulings (Hukm):

- Removal of sins from wudu’:


o Performing two rak’aats of prayer after taking a perfect wudu’ will remove a person’s
past sins.
o When the Muslim washes or wipes the various parts of his body, sins committed by
those limbs/body parts are washed away.
- Leftover water from wudu’:
o Water that drips off an individual after wudu: It can be used if it has not changed in
taste, colour or smell.
o Water remaining in a vessel after someone has done wudu’: Can be used.
- It is permissible to speak to someone when performing wudu.’

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

Chapter 5: Mas’h (Wiping) over Khuffain (Two Leather Socks) page 35


Definitions:
Khuffain: Leather socks.
Jurrabain: Cotton, woolen or Nylon socks.

This issue is specific to Ahlus Sunnah wal Jamma’ah (ASWJ)

- 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.

Hadith 53: Permissibility of wiping over the khuffain Page 35 - 36

- 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.

Tinuviel 2011 33
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.

Tinuviel 2011 34
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

Hadith 58: Exceptional circumstances. Page 37

- 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.

Hadith 59: The wiping over the khuffain is sunnah. Page 37 - 38

- Narrated by ‘Umar ibn Khattab (r.a). [Biographies]


- The Prophet (s.a.w) stated that when khuffain are worn in a state of complete wudu,’ it can be
prayed in and if the wudu’ breaks, the individual does not have to take them off for a new wudu’
but can wipe over them if he/she wishes.
- Proof that it is not fard (compulsory), the Muslim is not bound to follow the sunnah.

Hadith 60: Wiping over the khuffain. Page 38

- 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.’

Hadith 61: Exceptional circumstances. Page 38

- 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.

Tinuviel 2011 36
Student Guild Semester 1: Fiqh ul Hadith. Bulugh Al-Maram, Tahara. Taught by Abu Yusuf Sh. Bilal Ismail

General Rules:

1. It is permissible to wipe over the khuffain and jurrabain.


2. A person must be in a state of complete purification before putting on the foot covering and
then only can they wipe over the khuffain or jurrabain for their purification.
3. The wiping over the kuffain and jurrabain is not attached to difficulty or need.
4. The khuffain and jurrabain cannot be extremely thin and see-through (immodest).
5. The duration of the concession is 3 days and 3 nights for a traveler and one day and one night
for a resident. Upon expiration of this time period, a fresh complete wudu’ is required.
6. Taking off the foot covering requires a fresh complete wudu.’
7. Wiping of the foot covering is sunnah.
8. Exceptional circumstances allows for exceptional concessions.

Tinuviel 2011 37

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