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Monday, November 23, 2015

Fiqh: Obligations of Wudhoo and Its Description (Part 1)

Baab Furood al-Wudhoo wa Sifaatihi (Obligations of Wudhoo and Its Description)

Definition of Fardh and Waajib

-Fardh means obligation. Here it refers to pillars of Wudhoo as its part of the action. So sometimes Fardh can mean Rukn (pillar) and sometimes Rukn is Fardh.

-The difference between Wajib and Rukn is that the Waajib is an obligation which may be excused or made up for, however a Rukn (a pillar) is an actual part of an act of worship and without it, the whole act of worship will cease to exist.

-Linguistically Fardh means “to express” or “to imply”.
-Technically: a command which is obligatory. Its ruling is that if a person does it, he is eligible for reward and for not doing it, he is eligible for punishment.

Abu Haneefah held the opinion that there is a difference between Fardh and Wajib: Fardh is an explicit obligation (Qat’ee) in the texts whereas Fardh is a perceived obligation (Dhunnee), but obligation nevertheless.

The example they give is the command to pray the obligatory prayers is unquestionable, thus this is Qat’ee. However, the command to pray the Witr pray is an obligation which is Dhunnee, as the command is not clear but perceived to be an obligation. 

Definition of Wudhoo
-Linguistically : cleanliness.
-Technically: To draw closer to Allaah by washing specific parts of the body in a specific manner.

Pillars of Wudhoo
They are all found in the following Aayah of Surah al-Maa’idah:

When you intend to offer As-Salat (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles” [5:6]

So the pillars or obligations of Wudhoo are six:
1-Intention. Uthaymeen says ones intention necessitates Ikhlaas or sincerity for Allaah and in following the Prophet. Also, intention differentiates Wudhoo from others forms of washing.

2-To wash the face, from the hair line at the top of the forehead to the bottom of the beard of the chin or the bottom of the beard, because this is what is called a face in the Arabic language.

-The mouth and nose. Uthaymeen explains that this is the opinon of Ahmad as the mouth and nose are part of the face, thus being Waajib. The majority state that washing the mouth and nose is Sunnah and not Waajib.
-The evidence for the Hanbalees is where the Prophet described the Sujood as being connected to the nose and the forehead, both being part of the face.

-Washing your hands up to your elbows. Uthaymeen explains that in Arabic this is called the Maraafiq (elbow) because it is used for resting upon (يرتفق or يتكئ). Note, the elbow is included in the washing as this was the action of the Prophet, however the word ‘until’ or ‘to’ (الى in Arabic), usually doesn’t include the area in between. (TN: the Awrah is from the navel to the knee, thus the majority hold the opinion that the Awrah is the area between and doesn’t include the navel nor the knee).

-Wiping the head. Uthaymeen says that this organ must be wiped and not washed. It is the exception in Wudhoo where wiping is commanded. The scholars differed on wiping or washing:

-some said washing instead of wiping is permitted. Others said Makrooh and others said it wouldn’t be counted as the command is to wipe and not wash. Thus washing would be an innovation here. Uthaymeen indicates that it is Makrooh.

-Wiping is from the peak of the hairline at the top of the forehead to the back of the hairline near the neck. The whole head must be wiped and not a part of it or most of it.

-This command shows ease of Allaah, the Most High, upon us. Had washing being legislated this would’ve created great hardship, especially for those with long hair and living in cold countries and scarcity of water etc.

-Wiping the ears because the Prophet said in a Hadeeth that is Hasan, “The ears are part of the head in wiping.” However, some said the ears are not part of the head, making Qiyaas with shaving the head in hajj. Just as we don’t shave our ears in Hajj and Umrah we are not required to wipe our ears in Wudhoo. However, ‘Uthaymeen responds by saying the shaving is clearly connected to the hair, that’s why we’ve been commanded to either shave or shorten the hair.

-Washing the two feet up to ones ankles. The Raafidah reject this, they say Ka’b (ankle) refers to heels but the response to this is:

-The Prophet washed up to his ankles.
-Also, O Raafidah, you don’t wash your feet which is a greater sin. So how can you talk about explaining the Aayah when you left out the first part, which is the command to wash.
-You don’t wipe over your socks even though ‘Alee (Allaah be Pleased with him) the wiping over the socks as being Sunnah.

-All parts must be washed/wiped in sequence. Uthaymeen says that the evidence for this is that Allaah, the Most High, Starts with what is most important and the Prophets Wudhoo explained the Aayah. Linguistically, an obligation that has order (i.e. wash the face, then the arms etc) shows that this makes the sequence a condition.

The scholars differed, what if one forgets or is ignorant about the sequence:

-some said he is excused just as making up missed prayers can be done in any order for the one who doesn’t know he has to pray or forgets.
-others said it is not excused as it is a condition for the act of worship to be correct. ‘Uthaymeen says this view is correct as the analogy above is false, rather analogy to the pillars of prayer would be more appropriate. Therefore, if a person misses a part of the Wudhoo, he must start again from the beginning because the Wudhoo is a sequence and not separate acts of washing.


To be continued.

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