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Monday, January 20, 2014

Conditions for Wiping Over the Khuff (or Shoes and Socks)

It says in Mawsoo’ah al-Fiqhiyyah (Summarised from 39/273-279):
Issue: Conditions for Wiping Over the Khuff (or Shoes and Socks):

-The majority are of the opinion that it is not permissible for a person to wipe over his socks if he is in the state of Janaabah (ritual impurity that requires Ghusl).

-It is permitted to wipe if one has minor impurity that only requires Wudhoo for the impurity to be lifted. This is the view of the majority.

-One must have washed (both) their feet before wearing the socks, wearing them whilst in a state of purity because of the Hadeeth, “Leave them (the socks) on, because I wore them in the state of purity.”

Connected to this condition the scholars differed; The majority, except ash-Shaafi’ee, were of the opinion that one must wash his feet before putting on his socks in order for the wiping over them to be valid. As for ash-Shaafi’ee, he was of the opinion that the feet may be washed or one may lift the state of impurity from himself by doing at-Tayammum, on the condition that he was unable to find water.

The majority, except the Hanafees, were of the opinion that one must wash both of his feet in order to put the socks on; both feet must be washed and then the socks worn for them to be valid for wiping. As for the Hanafees, they were of the opinion that one may wash his foot and put on a sock and wash the other foot and put on the other sock. This branches off from the opinion they held that Wudhoo doesn’t need to be done in order. So if one was to wash his feet and then wipe his head, this Wudhoo would be correct with the Hanafees but not with the majority.

-That the sock (s) (or shoes) must be pure in and of themselves. It is not permissible to wipe over clothing that is impure, such as pigskin before it has been tanned, this is the opinion of the Hanafee and the Shaafi’ees. The Maalikees and the Hanbalees were of the view that even tanning doesn’t lift the impurity of impure leather, this is because whatever is impure remains impure and prohibited.

-The sock(s) (or shoes) must completely cover ones foot, the area that they would normally wash. Therefore, it is not permissible to wipe over socks that are below the ankles.

-One is able to walk in them (regardless of material):

The Hanafees were of the view that walking a distance of a Farsakh (approximately 5 KM) and another view of the Hanafee Madhab is that one should be able to walk the distance in which one will be considered as a traveller (approximately 86 KM with most of the Hanafees). As a result, the Hanafees are of the view that anything too thin can’t be wiped over and likewise, one can’t wipe over footwear that is made from wood or glass or iron (hypothetically), because one is not able to walk in this type of footwear. Added to this they opined that footwear that doesn’t cling to the foot cannot be wiped over.

The Maalikees were of the view that the footwear that is customarily used to walk in is acceptable to wipe over, otherwise it is not allowed. It is also not allowed to wipe over footwear that doesn’t cling to the foot.

The Shaafi’ees were of the view that wiping over socks that one can walk the distance of being able to go out to the toilet and return (those days they used to go away from the people to a designated place to relieve themselves). Also, if the footwear can be worn for the time period in which a person can wipe over them, (i.e. one can fulfill the objective; either a day or three days for the traveller) then this is permissible for one to wipe over. Furthermore, the material can be from leather or other than that.

The Hanbalees were of the view that footwear that one can wipe over can be made from any material, leather or wood or any other material. However, this is on the condition that one is able to walk in them and that they stick to his feet.

-The socks must be free from major tears and holes.

The Hanafees and the Maalikees were of the view that minor tears or holes are acceptable for wiping over. What is considered as minor is the measurement of three or four fingers or the a third of the foot.

The Shaafi’ees and the Hanbalees are the view that it is not permissible to wipe over the Khuff even if there is a small tear or whole. This is because it ceases to be a covering over the foot, therefore it is a must that the whole foot must be covered.

-The material of the footwear doesn’t need to be made from leather.

The Maalikees were of the view that wiping can only be done over leather footwear that is stitched. Wiping over normal socks or any other material that is unstitched is not acceptable with them.

The majority of the scholars (Hanafees, Shaafi’ees and the Hanbalees) were of the view that footwear that can be wiped over can be made from leather or any other material. The only condition they placed over its material is that the sock must not leak water onto the foot once wiped.

-If one wears another sock over the sock he is already wearing, then he must have worn the second pair in the state of purity for them to be acceptable to be wiped over.

The Hanafees and the Maalikees placed conditions on a second pair worn over the first pair: 1) one must be able to walk in the second pair and 2) that one wears the second pair in the state of purity.

The Shaafi’ees placed four conditions: 1) that they be walkable, 2) they don’t seep water unless on intends to wipe over the first pair, 3) that they both be wiped over (i.e. one isn’t shorter than the other) and 4) that wiping over one covers the second.

The Hanbalees stated that as long as the second pair covers the first, then one is allowed to wipe over them. This means that both feet must be covered with the same pair and that one foot is not left bear. Likewise, they placed the same conditions that applied to the first pear to the second, so they must cover the foot and one must wear them in the state of purity.

-It is not a condition that the sock must conceal what is under the foot.

The Hanafees opined that the sock must not leak water onto the foot or whatever is worn below the sock.

The Maalikees insisted that the sock must be made out of leather for it to be acceptable to wipe over.

The Hanblees viewed that the sock can be made out of any material as long as the skin colour below cannot be seen.

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