12- It is not permissible to expose
ones ‘Awrah more than is necessary. ‘Uthaymeen explains this is for two reasons:
-One
should preserve their ‘Awrah.
-The
restrooms are places from the Khubth and Khabaa’ith, so remaining in such a
place with ones ‘Awrah exposed is not befitting.
13-It is not permissible to urinate
or defecate in public places. ‘Uthaymeen explains it is Haraam to relieve
oneself in:
-Public
walkways.
-Shade
that people benefit by [i.e. in hot countries where people rest and anything
similar to it]
-Under
trees that bear fruits. This is because trees are place where people can rest
and take from its fruits. If a person relieves himself here, he would be
harming the general public who want to benefit from the trees.
-In the
Masjid or places of prayer.
Uthaymeen summarises, that it is not
permissible to harm others and the above are some examples of this. So it is
Haraam to relieve oneself in places which would cause others harm.
14-Uthaymeen states an
exception made by some scholars to the
above; if a place is well-known to be a place of Haraam, such as people
gathering to backbite, it is permissible for a person to relieve himself there
so that such sittings do not take place. However, ‘Uthaymeen states that this
is not befitting and in fact by doing this he may become subject to even more
harm from such sinful people, perhaps they may even resort to violence.
Furthermore, the Sharee’ah encourages the giving of advice if they see someone
doing something wrong and not use such extreme measures.
15-There are three ways to clean
yourself:
-With
water alone and this is permissible, some even stated there is Ijmaa on this.
Some of the Salaf however disliked using just water (must be accompanied with
cleaning agents such as paper).
-Using
just stones (or toilet paper) alone; this is permissible as the Hadeeth’s of
Ibn Mas’ood and Abu Hurayrah [may Allaah be Pleased with them both] prove.
Ibn Taymiyyah said what is correct is
that anything that removes impurity is sufficient. However some of the
Hanbalees stated that if water/impurities have splashed and spread, then they
must use water to clean themselves. ‘Uthaymeen says there is no real proof for
such a stipulation, rather one can remove dirt by any means possible. However,
the way we can reconcile those who state such a stipulation and those who don’t
is by stating; if dirt has spread considerably then one should wash himself but
if the dirt has spread slightly, then he must remove the dirt however he can.
-To use
stones and then water, and this is more complete and there is no difference on
this even though Ibn ‘Uthaymeen says he recalls no Hadeeth to prove that the
Prophet used both in this sequence.
16-Conditions for Istijmaar (using
stones or toilet paper) as stated by ‘Uthaymeen:
-It
must be pure and permissible in and of itself.
-It
must be able to remove the dirt.
-It
cannot be something that other people benefit by. So the Prophet forbade using
bones as it is the food for the Jinn, so food for humans and animals is even
more appropriate not to use. Also, this would be a form of wasting and showing
of ingratitude.
-Something
that is respected or sanctified in the religion.
-It is
mustahab to wipe with a minimum of three wipes, either three stones or papers
or three sides but wiping or using an odd number.
17-Some of the Salaf said one must
do Istinjaa whilst using stones or paper because if a person touches the dirt
with his hand directly and then puts his hand in the pot to get more water,
then the whole pot will become impure. Uthaymeen states this is a weak view
because when one washes himself he also washes his hands in the process.
18-Everything that comes out of the
private parts must be washed and invalidates Wudhoo. Uthaymeen inserts that some
of the Hanbalees also stated that one must wash after passing wind, but this
view is weak because impurities is connected to substances and not gas/air.
19-It is narrated from some of the
Hanbalees that it is permitted to make Wudhoo even if one hasn’t performed
Istinjaa yet, meaning it is permissible to make Wudhoo even if one is still
unclean. However, the other view of the Hanbalees is stronger. Uthaymeen
explains that one must clean themselves and then perform Wudhoo because the
Prophet told ‘Alee to clean himself and then perform Wudhoo [reported by
an-Nasa’ee and others]. Also the action of the Prophet is also proof. However,
if there is a valid excuse then we do not
nullify the Wudhoo of a person because he forgot to clean himself as it is reported
in Bukhaaree that the Prophet [Peace and Blessings of Allaah be upon him] once
performed Wudhoo then sprinkled water over his private parts. However, the
Hadeeth of ‘Alee shows his usual practice.
End of chapter of Istinjaa’.
