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Showing posts with label Fiqh: 5 ash-Sharh al-Mumti' (Obligations of Wudhoo and Its Description). Show all posts
Showing posts with label Fiqh: 5 ash-Sharh al-Mumti' (Obligations of Wudhoo and Its Description). Show all posts

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.

Monday, November 23, 2015

Fiqh: Obligations of Wudhoo and Its Description (Part 1)

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

Definition of Fardh and Waajib

-Fardh means obligation. Here it refers to pillars of Wudhoo as its part of the action. So sometimes Fardh can mean Rukn (pillar) and sometimes Rukn is Fardh.

-The difference between Wajib and Rukn is that the Waajib is an obligation which may be excused or made up for, however a Rukn (a pillar) is an actual part of an act of worship and without it, the whole act of worship will cease to exist.

-Linguistically Fardh means “to express” or “to imply”.
-Technically: a command which is obligatory. Its ruling is that if a person does it, he is eligible for reward and for not doing it, he is eligible for punishment.

Abu Haneefah held the opinion that there is a difference between Fardh and Wajib: Fardh is an explicit obligation (Qat’ee) in the texts whereas Fardh is a perceived obligation (Dhunnee), but obligation nevertheless.

The example they give is the command to pray the obligatory prayers is unquestionable, thus this is Qat’ee. However, the command to pray the Witr pray is an obligation which is Dhunnee, as the command is not clear but perceived to be an obligation. 

Definition of Wudhoo
-Linguistically : cleanliness.
-Technically: To draw closer to Allaah by washing specific parts of the body in a specific manner.

Pillars of Wudhoo
They are all found in the following Aayah of Surah al-Maa’idah:

When you intend to offer As-Salat (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles” [5:6]

So the pillars or obligations of Wudhoo are six:
1-Intention. Uthaymeen says ones intention necessitates Ikhlaas or sincerity for Allaah and in following the Prophet. Also, intention differentiates Wudhoo from others forms of washing.

2-To wash the face, from the hair line at the top of the forehead to the bottom of the beard of the chin or the bottom of the beard, because this is what is called a face in the Arabic language.

-The mouth and nose. Uthaymeen explains that this is the opinon of Ahmad as the mouth and nose are part of the face, thus being Waajib. The majority state that washing the mouth and nose is Sunnah and not Waajib.
-The evidence for the Hanbalees is where the Prophet described the Sujood as being connected to the nose and the forehead, both being part of the face.

-Washing your hands up to your elbows. Uthaymeen explains that in Arabic this is called the Maraafiq (elbow) because it is used for resting upon (يرتفق or يتكئ). Note, the elbow is included in the washing as this was the action of the Prophet, however the word ‘until’ or ‘to’ (الى in Arabic), usually doesn’t include the area in between. (TN: the Awrah is from the navel to the knee, thus the majority hold the opinion that the Awrah is the area between and doesn’t include the navel nor the knee).

-Wiping the head. Uthaymeen says that this organ must be wiped and not washed. It is the exception in Wudhoo where wiping is commanded. The scholars differed on wiping or washing:

-some said washing instead of wiping is permitted. Others said Makrooh and others said it wouldn’t be counted as the command is to wipe and not wash. Thus washing would be an innovation here. Uthaymeen indicates that it is Makrooh.

-Wiping is from the peak of the hairline at the top of the forehead to the back of the hairline near the neck. The whole head must be wiped and not a part of it or most of it.

-This command shows ease of Allaah, the Most High, upon us. Had washing being legislated this would’ve created great hardship, especially for those with long hair and living in cold countries and scarcity of water etc.

-Wiping the ears because the Prophet said in a Hadeeth that is Hasan, “The ears are part of the head in wiping.” However, some said the ears are not part of the head, making Qiyaas with shaving the head in hajj. Just as we don’t shave our ears in Hajj and Umrah we are not required to wipe our ears in Wudhoo. However, ‘Uthaymeen responds by saying the shaving is clearly connected to the hair, that’s why we’ve been commanded to either shave or shorten the hair.

-Washing the two feet up to ones ankles. The Raafidah reject this, they say Ka’b (ankle) refers to heels but the response to this is:

-The Prophet washed up to his ankles.
-Also, O Raafidah, you don’t wash your feet which is a greater sin. So how can you talk about explaining the Aayah when you left out the first part, which is the command to wash.
-You don’t wipe over your socks even though ‘Alee (Allaah be Pleased with him) the wiping over the socks as being Sunnah.

-All parts must be washed/wiped in sequence. Uthaymeen says that the evidence for this is that Allaah, the Most High, Starts with what is most important and the Prophets Wudhoo explained the Aayah. Linguistically, an obligation that has order (i.e. wash the face, then the arms etc) shows that this makes the sequence a condition.

The scholars differed, what if one forgets or is ignorant about the sequence:

-some said he is excused just as making up missed prayers can be done in any order for the one who doesn’t know he has to pray or forgets.
-others said it is not excused as it is a condition for the act of worship to be correct. ‘Uthaymeen says this view is correct as the analogy above is false, rather analogy to the pillars of prayer would be more appropriate. Therefore, if a person misses a part of the Wudhoo, he must start again from the beginning because the Wudhoo is a sequence and not separate acts of washing.


To be continued.