Baab as-Siwaak wa Sunnan al-Wudhoo (Part 2)

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-Qaza is to shave parts and leave parts. The scholars differed on its ruling:

-Some of the Hanbalees said it is Makrooh unless on intends to imitate the Kuffaar or the opposite gender, then it would be Haram, this is the view favoured by Ibn al-‘Uthaymeen.

-others said is it haram because the Prophet [Peace and Blessings of Allaah be upon him] commanded the young boy either to shave it all or leave it all (i.e. keep his hair at one length). Here we have a combination of a command and a prohibition, which shows that it is Haraam. Uthaymeen states that following this opinion is better, so if we see a person then we command him either to grow it all or leave it all.

The Sunnan of Wudhoo

-Some of the scholar drew a difference between Sunnah and Mustahab: sunnah being clear in the texts but Mustahab as part of Ijtihaad of a scholar. Uthaymeen says what is important is that we realize the ruling, that Sunnah is something which is commanded but not obligatory.

The following are the Sunnah part of the Wudhoo:

-To use the Siwaak. Discussion on this has preceded.

-To wash the limbs three times. Uthaymeen says once is sufficient because the Ayah in Surah al-Maa’idah (5:6) says wash and doesn’t give a limit. So one can wash each limb just once, or twice or thrice, or using a variation, some once and others twice etc. the obligation is to wash each limb once.

-some of the scholars said it is Makrooh to eash each limb just once. Uthaymeen says it is not Makrooh and in fact closer to the Sunnah as the Prophet has been described washing in Wudhoo sometimes just once for each limb, and at times twice. Therefore, it is better to wash thrice as this was common practice in the Sunnah but it is permissible to use a variation at times.

Likewise, it is better to start by washing the hands and the inner palms thrice before the Wudhoo as the rest of the Wudhoo is dependent on the palms, even though washing the palms isn’t mentioned in the Aayah.

-To wash ones hands is Mustahab. Uthaymeen states that some of Hanbalees opined that it is obligatory to wash ones hands and rinse ones nose after waking up from night sleep, as the Prophet commanded this. As for sleep during the day, it is not recommended because the Prophet explained that the Shaytaan can tamper with ones hands and r3eside in ones’ nose.

-To begin with gargling (Madmadah) before rinsing the nose (Istinshaaq). Uthaymeen added that gargling is to make sure one washes his mouth properly with the water before spitting it out. The Sunnah is to fill both hands with water and wash the mouth and nose in one motion. This is Sunnah but one would have fulfilled the  Wajib of washing ones mouth and nose by making water enter it (without moving the water around). It is also Sunnah to make blow the water out of the nose after washing (Istinshaar).

-Some of the narrations state that doing the Madmadah, Istinshaaq and Istinshaar should be done after washing the face. Uthaymeen states what is consistent is that they come before washing the face but if one does it after washing the face, this is permissible.

-It is Sunnah to be thorough and excessive when doing Madmadah, Istinshaaq and Istinshaar. Uthaymeen places an exception - if one is fasting or fears for harm such as a person with sinus problems

-Takhleel is Sunnah, which is to run the fingers through the beard if it is thick. Uthaymeen explains that washing the outer appearance of a thick beard is Waajib and Takhleel is Sunnah. However, if one doesn’t have a thick beard and the skin of his face is visible, then washing the skin is Waajib as washing the face is Waajib, and this persons face is not covered by his beard.

-Some of the Hanbalees stated that it is a must that one washes the inner part of the beard. However, Uthaymeen states the correct opinion is that if the beard is thick and long, then the outer part of the beard is what is Waajib.

Ways of doing Takhleel.

‘Uthman [Allaah be Pleased with him] described the Prophet doing takhleel and these are the common ways of doing it:

-Either one gets a handful of water and washes his beard upwards.

-Or one wets his hands and runs his fingers through the beard like a comb.

Uthaymeen summarises washing/wiping the beard:

-If the beard is thin or non-existant, then one must wash (Waajib) the face as one would wash any other part of the limbs covered in Wudhoo.

-One must (Waajib) wipe the outer appearance of his face (without Takhleel), whether he has a think beard or not but this is exclusive to at-Tayammum.

-One must wash (Waajib) the inner part of the beard, whether it is thick or not, in Ghusl from impurity.

-It is recommended (Sunnah) to wipe wet fingers through the beard if the beard is thick in Wudhoo.

-It is Sunnah to wash between the fingers and toes. ‘Uthaymeen the reason can be twofold:

-to remove hidden dirt

-it completes the washing of hands and feet.

Uthaymeen states one should use the pinky finger starting from the right or the thumb when on the left hand.

-To begin from the right. Uthaymeen stated there is no specific command to begin with the right for Wudhoo. The description of Wudhoo in the Quraan doesn’t mention it either. However, the Prophet liked beginning with the right in all matters, thus it is a Sunnah of the Wudhoo to begin from the right but if one began from the left then this is permissible as the matter is broad.

-To use fresh water to wipe the ears. ‘Uthaymeen said this has been narrated in al-Bayhaqee but the hadeeth is odd thus classed weak because it conflicts with the Hadeeth of ‘Abdullah bin Zayd (May Allaah be Pleased with him) in Muslim which describes the Wudhoo of the Prophet and there is no mention of using fresh water after wiping the head to wipe the ears. Rationally, the command is to wipe the head and the ears are part of the head so it must treated as the same organ and not a different one.

Benefit from ‘Uthaymeen: some people use the Hadeeth Qudsee, “My Servant doesn’t get closer to Me except by doing what is Waajib upon him. Then he continues to get closer to Me by increasing in optional deeds” that closeness to Allaah, the Most High, is by increasing in optional deeds and not doing via the Waajib ones.

They try to use the Ahkaam connected to Wudhoo as proof. They claim that washing each limb in Wudhoo once is Waajib but the more one increases, the better it is. Thus Sunnah is better than Waajib. They also use the Ahkaam connected to greetings as well, as the majority say that initiating the Salaam is Sunnah yet better then replying which is Waajib.

Uthaymeen responds by saying that something which is dependant on something else cannot be better. The example given above are all example of doing something Sunnah or an extra act of worship is dependent on the Waajib that preceded it.

Secondly, the issue of giving Salaam can’t be used as proof as the Hadeeth which states “The one who initiates Salaam is better” doesn’t mean that the action is better, as replying is better as it is a Waajib. 

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

Baab as-Siwaak wa Sunnan al-Wudhoo (Part 2)

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10-Men shouldn’t be extravagant in appearances and grooming. Uthaymeen states that men should groom themselves regularly but not excessively as this is not praiseworthy.

11-Khol is recommended for medical purposes. Uthaymeen says if man wants to apply it to beautify his eyes then al-‘Uthaymeen says this is not befitting, leave it for women. Rather the Prophet was asked about the appearances for men and he said it was to have nice clothes and nice shoes. In fact, if a young man applies Khol to beautify himself, this could also be a source of temptation and Fitnah.

12-Khol should be applied an odd number of times. Uthaymeen says it should be applied at night, with each eye getting an odd number of application, three applications in each eye for example. Some said the total number should be odd, so for example three applications in the right eye and two in the left.

13-Is saying Bismillah before the Wudhoo (and at-Tayammum) Waajib?

-Some said it is Waajib before starting (but not a condition), because the Prophet said, “There is no Wudhoo for one who doesn’t pronounce the name of Allaah over it.” They argued this is the same command to when slaughtering an animal.

-Others responded by saying that the Hadeeth is Hasan at the maximum, so as there is doubt in its authenticity then we cannot place such a stern ruling. Ibn Qudammah mentioned this and even Ahmad himself said the narration above is weak. Also, had saying Bismillah been an obligation then the Prophet would have been described doing it and the it would have been mentioned in the Quran where is describes the Wudhoo and at-Tayammum. This is the view of others from the Hanbalees and the view of Ibn al-Uthaymeen – that it is Sunnah.

14-Some said we are excused if one forgets others said not, Uthaymeen says we are.

15-Connected to the above there is a Fiqhee principle: Negations of something can be either:

            -Negation of presence (Nafee Wujood) e.g. There is no creator except Allaah

            -Negation of correction (Nafee Sihah) e.g there is no Salaat without Wudhoo

            -Negation of completeness (Kamaal) e.g. none of you believe until…

Uthaymeen says this is order we follow to find the ruling and meaning, if a negation appears in the text. So “No Wudhoo without Bismillah” must take the same process.

So if a person does Wudhoo without saying Bismillah, the Wudhoo is still present and possible, thus the first negation is not intended.

It could be that Wudhoo without Bismillah means there is no correct Wudhoo, thus saying Bismillah becomes a condition, and this is argued by some of the Hambalees.

However, Uthaymeen uses this principle to prove that Bismillah is not Waajib, because there are many texts which prove that Bismillah is not a condition or part of the Wudhoo, thus saying Bismillah before the Wudhoo can only mean there is no complete Wudhoo without Bismillah, thus making it recommended and preferable to say Bismillah before the Wudhoo.

16-Some of the scholars have stated saying Bismillah before at-Tayammum is Waajib, as saying Bismillah before the Wudhoo is Wajib and a well-known principle in the Sharee’ah is, “If something takes its place, then it carries the same ruling.” Uthaymeen says applying this principle has reservations as there is no comparison between Wudoo and Tayammum. Tayammum is used to lift both major and minor impurity and only consists of wiping over the face and hands, so there is no analogy. Furthermore, Uthaymeen says it is most likely that saying Bismillah is not obligatory as the Prophet told Ammaar bin Yaasir to beat the earth with his hands and wipe his face, then right hand and then the left hand, and this was the description of the Tayammum without any mention of saying Bismillah. 

Circumcision is to cut e foreskin of the male or female.

            -some of the Hanbalees and Shafiees say it is Wajib for both men and women

-Ibn al-Qayyim didn’t hold an opinion because the strength of the argument from each opinion.

-What is correct with Uthaymeen is that it is Wajib for men and Sunnah for women because of the holistic view of the evidences. The reason or benefits given behind circumcision is that the penis can catch infections and dirt whereas for women it is more to do with respect. The proof are from the following:

            For men:

-The Prophet ordered a new Muslim to shave his pubic hairs and be circumcised, this shows obligation.

-It is permissible for a man to look at the ‘Awrah of another man in this case, this shows obligation.

-It is differentiates us from the Kuffaar as the Arab Jews and Christians didn’t do this, proving an obligation.

-We are required to cut off a part of our body off and cutting parts of your body off is very harmful and usually something very reprehensible and something prohibited. But in this case we are commanded to do it, showing obligation.

-The scholars have stated that it is permissible to take from the wealth of the orphan to get him circumcised. It is known that it is not permitted to touch the wealth of the orphan usually, thus showing obligation.

For the woman:

-The Prophet said it is obligatory for men and a honouring for women. Even though this hadeeth is weak, the meaning has strength.

Baab as-Siwaak wa Sunnan al-Wudhoo (Part 1)

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Baab Siwaak wa Sunnan al-Wudhoo [Chapter of Brushing the Teeth and the Sunnah Aspects of the Wudhoo]

1-Siwaak is the stick and Miswaak refers to the action of brushing ones teeth. Therefore, the Sunnah refers to Miswaak (keeping dental hygiene and a pleasant smell from the mouth) which is the action and not necessarily using the wooden Siwaak.

NOTE: some people believe that Siwaak can only be taken from a particular type of tree but Uthaymeen states that any twig of any tree can be used for brushing providing it means the conditions (see point 3).

2-Uthaymeen states that the Siwaak is mentioned here and comes after Istinjaa because it is connected to purifying before making Wudhoo. As for Istinjaa then it is to remove dirt but Siwaak is to complete cleanliness and personal hygiene. Both of these are practiced at any time whereas Istinjaa is specified in its place and time. Uthaymeen also states that Siwaak and some aspects of the Wudhoo are part of the Fitrah, thus they have been mentioned together.

3-Conditions for the Siwaak:

            -It must be soft and not from a tree that is too firm.

            -It must moist with bristles and thus able to clean.

            -It can’t be harmful to the body or create a bad smell.

-It doesn’t disintegrate whilst using it, thus being too soft is not befitting.

-Some of the Hanbalees said it must be from wood and even using the finger doesn’t suffice. However, Uthaymeen states that the Hadeeth of Alee where he saw the Prophet use his finger to clean his teeth in Wudhoo is Hasan and sufficient proof.

4-Some scholars have stated that the Miswaak (action of brushing) must be via a Siwaak (a twig used as a brush) and anything else will not be sufficient. ‘Uthaymeen states that the correct opinion is that anything used to clean the mouth is covered in its meaning and virtue. This is because it is reported that ‘Alee used to use his fingers to clean and brush his mouth whilst making Wudhoo.

5-The ruling on Miswaak is that it is Sunnah. Uthaymeen states that the evidence for this is the statement of the Prophet, “If I had not feared hardship for my Ummah, I would have made it obligatory for them with every Salaat.”

6-Siwaak is Sunnah and can be done at any time when there is a need, it Pleases the Lord and cleans the mouth which brings about benefit in both the Dunya and the Akhirah.

7-Miswaak during fasting has two views in the Madhab:

-Some of the Hanbalees said it is permitted to make Siwaak before Zawwaal because of the general evidences recommending it however after az-Zawwaal it becomes Makrooh. The reason being is because of the Hadeeth of ‘Alee, “If you are fasting then do not make Siwaak after Zawwaal.” Also, the fasting persons breathe is sweeter to Allaah than that of musk so by doing Siwaak one is changing the smell of ones breathe and this is disliked, just like it is disliked to wash the blood of the martyr before burial.

-The second view from the Hanbalees is that it is permitted unrestrictedly to make Miswaak whilst fasting due to the general evidences permitting it and the lack of real evidence making it Makrooh. As for the points mentioned by the other group of scholars then we respond to them by the following:

-The Hadeeth of Alee is weak, classified weak by Imaam al-Bayhaqee himself and he is the one that collected it.

-As for the analogy with the martyr then this is incorrect Qiyaas because the Ahadeeth clearly state that he will be raised whilst with his injuries, similar to the one who dies in Hajj will be raised performing the Talbiyyah.

-Also there is a contradiction, how can one say that before Zawwal they are not removing the smell of musk from their mouths? Some people have a foul smell even before Zawwal whilst others never have a bad smell. So attaching the ruling to Zawwal has no real basis.

-All in all, the Hadeeth of Aamir bin Rabee’ is clear, that he saw the prophet performing Siwaak whilst he was fasting an innumerable amount of times. Al-Bukhaaree said about this Hadeeth that it shows that there is no set number or limit in time i.e. it is permitted even after az-Zawwaal.

So al-Uthaymeen supports the view that it is permitted at all times for the fasting person.

8-Times when Miswaak is recommended:

            -During or after Wudhoo

-When the time for Salaat is near or when is about to begin. Note: some of the scholars understood the recommendation of doing it after Wudhoo to mean before Salaat, however it is more correct with Ibn al-‘Uthaymeen that the two are separate because one may perform Wudhoo and it would be recommended to make Siwaak and there may be a long period of time before he actually prays, in which case it would be recommended to perform Siwaak again.

-When waking up. Some said this refers to the morning, however with Ibn al-Uthaymeen it refers to all forms of sleep, whether it is sleep of the night or the day. As Shaykh al-Islaam Ibn Taymiyyah stated, the Sharee’ah doesn’t differentiate between two things which are identical in ruling; in this case sleep or the day or the night.

-To change the smell of ones breathe. Ibn al-Uthaymeen says this is the most general one, whenever one needs to remove a bad smell, it is recommended for him to brush his teeth.

9-How to brush:

-some said teeth are brushed horizontally and your tongue is also brushed, vertically. Others said the opposite. Ibn al-Uthaymeen said one brushes according to ones needs and preference.

-It is also recommended that one begins brushing from the right side of his mouth.

-Some said one must use the left hand to brush, because the Sharee’ah encourages using the left hand to remove dirt from the body, this is the opinion of the Hanbalees. Others said it is an act which may be rewarded thus he should use the right hand. Some of the Maalikees said the two situations are different; so if one is brushing to remove dirt he uses the left hand but if he wishes to purify and refresh he should use the right hand. Ibn al-Uthaymeen said the matter is broad.