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Wednesday, December 09, 2015

Chapter: Wiping Over Leather Socks (Part 3)


-Wiping can only be for minor impurities. Uthaymeen explains major impurities need to be removed via Ghusl however minor impurities are lifted by Wudhoo. In this case, one is permitted to wipe over his socks, turban and the headscarf. The evidence is the Hadeeth of Safwaan bin ‘Assaal [may Allaah be Pleased with him] where they were commanded to wipe, except for Ghusl, for three days and three nights during their travels for the impurities of going to the bathroom, urination and sleep.

Now the author has discussed all the conditions for wiping (over socks, turbans and headscarfs):

-Wiping is only for minor impurities.

-The garment is pure in and of itself.

-The garment is permissible to wear.

-The garment was worn in the state of Wudhoo.

-Wiping is done for its specified duration.

The scholars are agreed on all of the above.

-Turban are only for men and headscarves are only for women. However, socks can be wiped over by both genders.

However they differed on:

-The clothing must reach a certain area, i.e. up to the ankles for the socks and the whole head for the turban and headscarf.

-It is permissible to wipe over casts. Uthaymeen explains that it only permitted to wipe over the cast to the extent of the limb it covers. For example, if the arm is broken and it covers the wrist as well, then one must wash the wrist if he is able and wipe over the area which is injured. If he is not able to get to the wrist, or remove the cast without any harm, then he may wipe over the cast.

-Some scholars said that if one is unable to get the uninjured part of the body which is covered by a case, then they must perform Tayammum over it. Uthaymeen says the correct opinion is that one wipes over the cast with water.

-Wiping over the cast is for both major and minor impurities. Uthaymeen explains that taking off the cast would involve great hardship and danger for the injured, so they are allowed to wipe over the cast for both types of purification. The evidences for this include:

-Clear proof to make Tayammum for the injured for major and minor impurities. The Prophet [Peace and Blessings of Allaah be upon him] described the Tayammum for those who had an injury, “It is sufficient for you to preform Tayammum and wipe if over your casts.” [Reported by Aboo Dawood (336) and classed as weak by Ibn Hajar in Buloogh (136). Uthaymeen suggested it could be Hasan, however]

-Wiping over the cast is out of necessity, however with sock, turbans and headscarves there is no necessity for major impurities.

-Wiping over the cast is like wiping over the wound itself, as one is unable to wash the wound.

-If one is unable to do an act of worship, they must try their best to what is closest.

-Wiping over the cast clears the cast from any impurities or dirt that may be on it.

Ibn Hazm held the opinion that wiping over casts is not permissible whatsoever, because of the Hadeeth being weak (quoted above) and that he rejected making Qiyaas. Some of the scholars also sided with him in this view. So they stated that if one is unable to wash or wipe over the wound itself, they make Tayammum, by wiping over the wound with dry earth because water may harm the wound. The evidence they quoted is the fact that where water becomes difficult to use, one must do Tayammum and not wipe over a piece of clothing which there is no evidence for:

and you find no water, then perform Tayammum with clean earth and rub therewith your faces and hands” [al-Maa’idah 5:6]

So the sick person is like one who finds no water.

Others said one should wipe and perform Tayammum, doing both to reconcile the two opinions above. But this is wrong because the majority state there is no Tayammum at all, and the view of Ibn Hazm is that we don’t use water over casts at all, so combining both opinions doesn’t actually reconcile both opinions. In fact, the Aayah above tells us to either use water or earth and there is no mention of using both.

Others from the scholars said that there is no wiping over the wound and there is no Tayammum either, because if one is unable to wash or wipe in Wudhoo then the Waajib is exempted from him. Uthaymeen states that this is the weakest of all the views, because purification is either by water or Tayammum.

Uthaymeen states that the first opinion, that of the majority is stronger, as the Aayah (5:6) proves that one must use water in all its ways before moving onto Tayammum. Also, Tayammum is restricted to the hands and face, so if one has a cast on his foot, how can we tell him to make Tayammum on his foot?

So the correct opinion is that one must wipe over his cast and not combine between wipng with water and Tayammum.

Conclusion: Uthaymeen states that the scholars have stated that wounds are of two types – that which is uncovered and that which is bandaged. 

-As for wounds that are exposed then one must wash them if he is able, otherwise they must wipe over it if washing is not possible due to excessive pain or harm.

-As for wounds which are bandaged then one must wipe over the bandage, as stated above.

One continues to wipe over the wound as long until it has been healed.

-Wiping over the socks, turban and headscarf can only become permitted once purification has been completed. Uthaymeen explains that it only becomes permissible to wipe over these garments once the Wudhoo has been completed and the person wearing them in a state of purity.

For example, if a person needs to make Ghusl from major impurity but only washes his feet and then wears his socks. In this case it is not permissible for him to wipe over the socks because he hasn’t completed the act of purification (i.e. Ghusl) and he didn’t wear his socks in a state of purity, even though he washed his feet and they were clean.

Ibn Taymiyyah as well as the Hanafees are of the opinion that partially completing the Wudhoo/Ghusl permits wearing the socks and thus wiping.

For example, if a person was to wash his right foot and then wear his right sock and then wash his left foot and wear his left sock, then this would be permitted with them.

The majority would not permit this because he needs to wash both feet in order to complete his Wudhoo. The proof for this is in the Hadeeth, “The Prophet permitted preforming Wudhoo and then wiping over the socks.” So here there is a sequence. Uthaymeen sides with this opinion also.

-One can wipe over the cast without entering the cast in a state of purification. Uthaymeen explains that some scholars held this view because it is similar to socks, turbans and headscarves. However, the correct opinion is that injuries occur suddenly, thus we can’t obligate preforming Wudhoo before wearing the cast. This is the opinion of Ibn Taymiyyah and Ahmad.

Benefit: Uthaymeen states some people believe that it is permissible to wipe over false nails for women in analogy to casts. This is false, because what we have been permitted to wipe over garments worn on our head or feet and that’s it.

So now we know the conditions for wiping over casts:

            -It be for an injury where the cast cannot be removed.
            -Wiping over casts last for the duration of the injury.

            -Casts can be wiped over even if one has entered them in a state of impurity.

To be continued.

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