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Thursday, November 12, 2015

Baab as-Siwaak wa Sunnan al-Wudhoo (Part 2)

10-Men shouldn’t be extravagant in appearances and grooming. Uthaymeen states that men should groom themselves regularly but not excessively as this is not praiseworthy.

11-Khol is recommended for medical purposes. Uthaymeen says if man wants to apply it to beautify his eyes then al-‘Uthaymeen says this is not befitting, leave it for women. Rather the Prophet was asked about the appearances for men and he said it was to have nice clothes and nice shoes. In fact, if a young man applies Khol to beautify himself, this could also be a source of temptation and Fitnah.

12-Khol should be applied an odd number of times. Uthaymeen says it should be applied at night, with each eye getting an odd number of application, three applications in each eye for example. Some said the total number should be odd, so for example three applications in the right eye and two in the left.

13-Is saying Bismillah before the Wudhoo (and at-Tayammum) Waajib?
-Some said it is Waajib before starting (but not a condition), because the Prophet said, “There is no Wudhoo for one who doesn’t pronounce the name of Allaah over it.” They argued this is the same command to when slaughtering an animal.
-Others responded by saying that the Hadeeth is Hasan at the maximum, so as there is doubt in its authenticity then we cannot place such a stern ruling. Ibn Qudammah mentioned this and even Ahmad himself said the narration above is weak. Also, had saying Bismillah been an obligation then the Prophet would have been described doing it and the it would have been mentioned in the Quran where is describes the Wudhoo and at-Tayammum. This is the view of others from the Hanbalees and the view of Ibn al-Uthaymeen – that it is Sunnah.

14-Some said we are excused if one forgets others said not, Uthaymeen says we are.

15-Connected to the above there is a Fiqhee principle: Negations of something can be either:
            -Negation of presence (Nafee Wujood) e.g. There is no creator except Allaah
            -Negation of correction (Nafee Sihah) e.g there is no Salaat without Wudhoo
            -Negation of completeness (Kamaal) e.g. none of you believe until…

Uthaymeen says this is order we follow to find the ruling and meaning, if a negation appears in the text. So “No Wudhoo without Bismillah” must take the same process.

So if a person does Wudhoo without saying Bismillah, the Wudhoo is still present and possible, thus the first negation is not intended.

It could be that Wudhoo without Bismillah means there is no correct Wudhoo, thus saying Bismillah becomes a condition, and this is argued by some of the Hambalees.

However, Uthaymeen uses this principle to prove that Bismillah is not Waajib, because there are many texts which prove that Bismillah is not a condition or part of the Wudhoo, thus saying Bismillah before the Wudhoo can only mean there is no complete Wudhoo without Bismillah, thus making it recommended and preferable to say Bismillah before the Wudhoo.

16-Some of the scholars have stated saying Bismillah before at-Tayammum is Waajib, as saying Bismillah before the Wudhoo is Wajib and a well-known principle in the Sharee’ah is, “If something takes its place, then it carries the same ruling.” Uthaymeen says applying this principle has reservations as there is no comparison between Wudoo and Tayammum. Tayammum is used to lift both major and minor impurity and only consists of wiping over the face and hands, so there is no analogy. Furthermore, Uthaymeen says it is most likely that saying Bismillah is not obligatory as the Prophet told Ammaar bin Yaasir to beat the earth with his hands and wipe his face, then right hand and then the left hand, and this was the description of the Tayammum without any mention of saying Bismillah. 

Circumcision is to cut e foreskin of the male or female.
            -some of the Hanbalees and Shafiees say it is Wajib for both men and women

-Ibn al-Qayyim didn’t hold an opinion because the strength of the argument from each opinion.

-What is correct with Uthaymeen is that it is Wajib for men and Sunnah for women because of the holistic view of the evidences. The reason or benefits given behind circumcision is that the penis can catch infections and dirt whereas for women it is more to do with respect. The proof are from the following:

            For men:
-The Prophet ordered a new Muslim to shave his pubic hairs and be circumcised, this shows obligation.
-It is permissible for a man to look at the ‘Awrah of another man in this case, this shows obligation.
-It is differentiates us from the Kuffaar as the Arab Jews and Christians didn’t do this, proving an obligation.
-We are required to cut off a part of our body off and cutting parts of your body off is very harmful and usually something very reprehensible and something prohibited. But in this case we are commanded to do it, showing obligation.
-The scholars have stated that it is permissible to take from the wealth of the orphan to get him circumcised. It is known that it is not permitted to touch the wealth of the orphan usually, thus showing obligation.

For the woman:

-The Prophet said it is obligatory for men and a honouring for women. Even though this hadeeth is weak, the meaning has strength.

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