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Thursday, December 10, 2015

Chapter: Wiping Over Leather Socks (Part 4)

If a person travels and then returns home. ‘Uthaymeen explains that the person follows the status he is in. So if a person wears his sock as a traveler he continues as a traveler and if he wears it as a resident he continues as a resident. If he starts as a resident and then becomes a traveler, he completes the duration for being a traveler (for three days and three nights) and visa-versa (a day and a night for a resident).

There is another view from the scholars which is that he continues and his status doesn’t change. This is because when the reason (سبب) is met then the ruling (حكم) applies. Therefore, if he starts as a traveller then the rulings of a traveler remain upon him until the three days and nights are over.

Uthaymeen states that the first opinion is stronger because Allaah says:

And when you travel in the land, there is no sin on you if you shorten your Salat” [an-Nisaa’ 4:101]

The point is that ones’ status changes accordingly.

For example, if a person starts the day as a resident and then he travels, the majority state that he can pray the Salawaat that he is travelling for by shortening and combining, but the view of the Hanbalees is that he must complete the prayers without combining.

But the view of the majority is stronger and it is also narrated that Imaam Ahmad changed his opinion afterwards.

-If a person doubts when he first wiped. Uthaymeen explains that if a person doubts when the wiping first began, was he a traveler (for three days and three nights) or a resident (a day and a night), then he should follow what is likely. If he is not able to decipher then follow that which is safer. The Hanbalees state that he should follow the lesser duration.

-If a person invalidates his Wudhoo and then travels. Uthaymeen explains that a person has worn his socks in a state of purity but then he nullifies his Wudhoo whilst he is resident. Then he travels – he is permitted to wipe over his socks as a traveler (for three days and three nights) because, as explained above, the duration of wiping (either three days or one day) begins as the point of wiping and not at the point of nullification of Wudhoo.

One of the views of the Hanbalees here is that the one who starts as a resident and then he travels and wipes whilst travelling then he completes the period as a resident as he started to wear his socks as a resident, but this view is somewhat contradictory with Uthaymeen.

-It is not permitted to wipe over hats. Uthaymeen explains that we have been commanded to wipe over our heads (5:6) with the only exception of the turban.

Some have stated that if the headgear is worn because of a dire reason and taking it off would cause a lot of harm or difficulty then it is permitted to wipe over these types of hat. This view is very strong with Uthaymeen. He argues that the Sharee’ah bases rulings on things that are similar, so if we are permitted to wipe over turbans because of difficulty and harm, then hats that are similar take the same ruling.

-It is not permitted to wipe over footwear which are not shoes or socks. Uthaymeen explains that in the former generations, they weren’t always able to wear shoes or socks so they would wrap a piece of clothing around their feet and legs. So some of the scholars have stated these coverings do not come under the ruling of wiping over shoes or socks.

Ibn Taymiyyah, similar to what was stated about hats above, stated that it is permissible because of the same reason of wiping over shoes and socks – to remove hardship and spare difficulty. So if a person preformed Wudhoo and wore these types of footwear in the state of purity then it is permitted to wipe over them.

The evidence for this is that the Prophet permitted wiping over head gear (العصائب) and footwear (النسخين), so the wording here is general.

-If a sock is worn over another sock, then the ruling of the one on top is followed.  Uthaymeen explains sock above sock 

- some people wear socks worn up to the ankle and another sock above falls below the ankle. According to the view of the Hanbalees, the second one which is below the ankle is not permitted to wipe over as it is below the ankle. Uthaymeen states however, that they are deemed as one sock if they cling together (such as normal socks and ankle socks), so if one reaches the ankle and the other doesn’t, then he wipes as normal – from the toes to the ankles. However, if the shorter sock is completely separate to longer sock then the shorter one must be removed (such as shoes and socks).

Uthaymeen states that the strongest view with him is that covering the ankle is not a condition, so if one is wearing what is called a sock, then it is permitted to wipe over it (TN: however the opinion of the majority is safer, that it must cover the ankle – and Allaah Knows Best).

Note: If a person wears a sock in a state of purity but then wears another pair of socks on top, then the one on top must be removed and the one below must be wiped over, as the one on top wasn’t worn in a state of purity, as the Prophet said, “I wore them when I was pure”. This is the view favoured by Uthaymeen.

Others stated that the one on top takes  the ruling of the worn below, but the former opinion is correct.

-Uthaymeen states that there scholars also differed if one takes off the socks, can he put them back on in order to wipe? The Hanbalees stated that if one takes off his socks then he cannot put them back on without making Wudhoo again in order to wipe over them again, as the duration has been nullified.

Other stated that it is permissible to put them back on and wipe over them.

For example, if a person wore socks whilst he was pure then he took them off, and he remains pure, and then puts them back on and then loses his Wudhoo, the Hanbalees say he cannot wipe over them. Uthaymeen favours the opinion that he can because he wore them whilst he was pure.

To be continued 

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