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Wednesday, November 25, 2015

Fiqh: Obligations of Wudhoo and Its Description (Part 2)

-Time span can’t be delayed. ‘Uthaymeen explains that the Aaayh of al-Maa’idah shows an obligation to maintain the sequence of Wudhoo without delay. The time distance is that before the next part dries.

-Some said one must be balanced in the sequence, i.e. not to over delay, irrespective if the limb before it has dried.
-Some of the hanbalees said the time period between each limb is left up to customs the duration of drying. Uthaymeen says, however, this is not consistent rather drying naturally on a normal day is more appropriate. Uthaymeen also stated that if a person is busied with making Wudhoo, such as extracting water, and the part before dries, this is okay because the delay is for the sake of the Wudhoo and not for any other reason. But if he gets busied with something not connected to wudhoo, this nullifies it and must start again.

-Having an intention to become pure is sufficient and one doesn’t need to specify what type of impurity he is washing himself for. Uthaymeen explains that removing Najaasah (impurities) from the body doesn’t need an intention however establishing purification (Wudhoo and Ghusl) does. This is the opinion of the majority – Malik, Shafi’ee and Ahmad.
e.g. a person has a thobe with Najaasah on it and the rain water cleans it for him, he doesn’t need an intention for this, thus it is deemed to be pure once the impurities have been lifted by the rain water. But if a person wants to pray Salaat, he must perform Wudhoo and have the intention to perform Wudhoo.

Abu Haneefah differed with this stated that Wudhoo is not an act of worship thus one doesn’t need an intention. Wudhoo is a condition for Salaat, the same ruling as wearing clothes or facing the Qiblah before praying. No doubt the view of the majority is stronger as Wudhoo is an act of worship in and of itself.

-As preceded, intention is a pillar of your Wudhoo.
Intentions in regards to purification are of three types:
-A person seeks to do general purification, such as doing Wudhoo but for no reason, just to be in the state of Wudhoo.
-Purification because it leads to an obligatory act of worship, such as Wudhoo to pray an obligatory prayer.
-Purification because it leads to an Sunnah act of worship, such as wanting to touch the Quraan.
-Purification to renew an old purification and not to purify again. For example, a person has Wudhoo from Dhuhr but performs Wudhoo again for Wudhoo in order to renew the first Wudhoo. This is recommended. 

Uthaymeen adds this has two conditions:
-That renewing the Wudhoo is reinforcing the Wudhoo that has already been made.
For example, a person makes Wudhoo for Dhuhr but doesn’t pray Dhuhr and then the time for ‘Asr comes in and he performs Wudhoo again. In this case, performing Wudhoo again is not recommended because the first Wudhoo cannot be reinforced.
-That a person intends to renew the Wudhoo but he forgot that he is not ritually pure. In this case it is not renewal rather he is performing Wudhoo afresh. In this case he needs to have the intention to perform Wudhoo from new.

These are the types of intention one must have before purifying himself, according the reason to purify.

-Uthaymeen points out that there is no such thing as a verbal intention, for Wudhoo or any act of worship. Rather, the intention is placed in the heart – it is the place where one has sincerity for doing the act of worship for Allaah Alone and in following the Sunnah of the Prophet [Peace and Blessings of Allaah be upon him]. Yes, some scholars have said it is recommended to make a verbal intention, however this opinion has no proof. It is not narrated to be from the act of the Prophet or his Companions [may Allaah be Pleased with them all]. In fact, a verbalized intention creates disruption for others. For instance, if a person is praying next to another who is verbalizing his intention it would undoubtedly cause disturbance. Furthermore, it opens the doors for Waswasa, as the person may feel that he needs a verbal intention to do everything otherwise his intention would not be affirmed. Ibn Taymiyyah and others bring an addition point; the intention is in the place of the heart, had it been otherwise, then we would not be able to do any act of worship properly. For example, if Allaah Says “Pray but without an intention” then this would be impossible. So the point is that the place for ones’ intention is in the heart and nothing verbal.

-If a person intends to do a Sunnah Ghusl but he was supposed to do a Waajib ghusl, it is sufficient. Ibn Uthaymeen says this ruling needs further clarification. If a person omits an intention on purpose, then this person’s Ghusl is questionable even though the scholars have stated that this is acceptable in their books.

For example, a person makes Ghusl for Jumu’ah believing it to be Sunnah to perform Ghusl for Friday prayers.  Then he remembers that he needs to make Ghusl from a major impurity (such as sexual relations or menses for women), and he only realizes after making the Sunnah Ghusl. The Madhab says the first Ghusl is sufficient. However, if the person knowingly omits the intention to do the Waajib Ghusl then the scholars have stated that the Sunnah Ghusl is sufficient. However, I (Uthaymeen) have reservations about the second scenarios, because actions are by intentions, and if he knowingly omitted the intention then the act of worship cannot be correct.

-The opposite to the above is also true. Uthaymeen explains if a person purifies himself from a major type of impurity this suffices for the minor type also. There is no difference on this opinion between the Madhabs. This is because the Waajib takes the places of the recommended act.

For example, if a person does Ghusl from being impure, this would suffice him from the minor forms of impurity, such as Wudhoo.

-If a person seeks to purify himself then this suffices from all forms of impurity. Uthaymeen explains;

If a person does Ghusl from being impure, this also purifies him from urine and all others forms of impurity also.
Some of the scholars stated that if a person washes himself or removes an impurity with a specific intention then this doesn’t suffice for the other because all actions are for what they are intended.

For example, if a person washes himself with the intent to remove urine alone, then this doesn’t suffice him from all other forms of impurity related to the same part of his body.
Uthaymeen stated that the correct opinion is that washing oneself in one body part removes all forms of impurity connected to that area even if one has the intention to remove one and not the other. As for the Hadeeth of intentions, then we argue that the person has intended to remove impurity and this is sufficient even if he didn’t specify. So the causes of impurity may be many but purifying is one.

-The intention to purify must come before the act of purification. Uthaymeen explains that the Hanbalees famously opined that intentions are a must before purifying, it is a condition, thus it comes before starts the act of purification, be it Wudhoo or ghusl or tayammum.

Others stated it is Wajib to form the intention at any time and doesn’t need to be at the beginning. ‘Uthaymeen reiterates what was stated before: saying Bismillah is Sunnah and not Waajib. As for the intention, then this is proven by the intent in your heart so it always precedes action. However, if a person is washing his hands because of some impurity on them then as was stated before, removing impurity doesn’t need an intention, so this is permissible without saying Bismillah. If he continues to wash his hands and intends in his heart that he has moved from washing his hands to the washing of the hand in Wudhoo, he  has then made the intention and should say Bismillah as he continues to wash his hands for Wudhoo.

Linguistic benefit: the word ((عند)) when used with ((وضوء)) doesn’t necessary mean before. The books of Fiqh use these two words together to refer to the Bismillah coming before Wudhoo, however the word ((عند)) means ((قريب)) just like the Aayah:
إِنَّ الَّذِينَ عِندَ رَبِّكَ لَا يَسْتَكْبِرُونَ عَنْ عِبَادَتِهِ وَيُسَبِّحُونَهُ وَلَهُ يَسْجُدُونَ

So the Madhab states that one must say Bismillah before and the ruling is that it is Waajib. But as we’ve stated it is Sunnah and it can be said at any time. However, the intention must also precede the action.

-If a person wishes to purify or  remove Najaasah, as the opinion of the madhab, but verbally says something else, then this doesn’t affect his initial intention. Uthaymeen inserts, what counts is what is in the heart.

-The Hukm is based on a person intention. Uthaymeen says forming intentions is of four scenarios:            
1) A person intends to do an act of worship before the action and continues to make a reoccurring intention, this is the best form.
For example, he bases an intention to perform Wudhoo, then he makes an intention to wash his hands, then an intention to gargle his mouth and rinse his nose etc.

2) He makes an action to perform an act of worship before the action until it is completed.
For example, he intends to make Wudhoo from washing the hands until the washing of the feet.
3) The person intends an action mid-washing.
For example, a person begins by washing his hands for whatever reason, then his intention changes mid-washing.
4) Intending to finish an act of worship. This signals the end of Wudhoo.

-The Hanbalees say that the intention must be specific. So if a person intends to do an act of worship but doubts his intention, then the act of worship is null.
Another view of Ahmad is that the a person’s intention is based on the action of the heart. ‘Uthaymeen states that the latter is the correct opinion.

The difference between the two opinions is that the first view is that the act of worship must be specified. The second opinion suffices the time of the act of worship.

For example, if a person intends to pray because the time for Dhuhr has begun, this is sufficient for his intention. 

However, the first opinion of the Madhab is that the Salaat is invalid because he didn’t specify.
He also said if a doubt occurs after an act of worship do not affect the validity of the act of worship.

For example, a person prays Dhuhr but after the prayer doubts his initial intention; did he intend to Dhuhr or ‘Asr? This doubt is not given any attention and his Dhuhr is valid.

-When washing the hands to the elbows, it is better to start at the fingers up until and including the elbows. It is important to note that when washing the hands to the elbows, that one doesn’t start at the wrist without washing the fingers, this would not be sufficient.

-If a person has a part of his body missing then he doesn’t need to wash it or any limb closest to it.

For example, if a person doesn’t have a hand, then he washes what’s left of his arm up to his elbows.
 
If a part of a body that he must wash is connected to another place then he must wash all of it.

For example, if a person has no hand but an elbow joint, he must wash the elbow joint.

-It is Sunnah to raise ones sight to the sky and say the supplication.
شْهَدُ أنْ لا إله إِلاَّ اللَّهُ وَحْدَهُ لا شَرِيك لَهُ ، وأشْهَدُ أنَّ مُحَمَّداً عَبْدُهُ وَرَسُولُهُ ،

 ‘Uthaymeen states that it is Mustahab but the hadeeth is weak because Abee ‘Uqayl narrated from his cousin, and the cousin is unknown (majhool) thus we can’t verify the narrator. However the scholars have stated it is Mustaha.
As for raising ones sight to the sky, then it is to affirm the Tawheed and Ikhlaas for Allaah.

-Upon completing the Wudhoo it is Sunnah to say:

اللَّهُمَّ اجْعَلْنِي من التَّوَّابِينَ، وَاجْعَلْنِي من المُتطَهِّرِينَ
Oh Allaah! Make me of those who repent and make me of those who purify themselves.

‘Uthaymeen says this supplication is to seek purification in ones limbs and his heart from Shirk, thus instilling Tawbah and Ikhlaas. Others said it is also Sunnah to say this supplication after performing Ghusl and Tayammaum but ‘Uthaymeen says it is exclusive to Wudhoo only.

-It is permissible to seek assistance in making Wudhoo. Uthaymeen states that Mughayrah bin Shu’bah [may Allaah be Pleased with him] assisted the Prophet in making Wudhoo. Others from the Hanbalees said it is Makrooh to assist other people in acts of worship which are Fardh ‘Ayn (Wajib upon every individual), however Uthaymeen asserts that the correct opinon is that is it permitted.

-It is permissible to dry the limbs after Wudhoo. Uthaymeen states that Maymoonah [may Allaah be Pleased with her] once gave him a towel to dry himself with and the Prophet refused. He, instead, wiped the water off with his hands. Based on this, some of the scholars have said it is Makrooh to dry the limbs after Wudhoo. However, Uthaymeen states that the correct opinion is that it is permitted. As for the Hadeeth, then the very fact that she offered him a towel shows that it was his normal practice to dry himself and he didn’t denounce her for giving him a towel.


Next: Chapter of Wiping Over the Socks.

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