How to make Tayammum - Conclusion (Part 29)

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NOTE: following what is apparent (الظاهر) is the thumb-rule, unless if you have evidence to suggest that the apparent is not intended. 

This is in relation to Fiqh, however in matters of creed or ‘Aqeedah then there is no room to make Qiyaas or to use our intellects. 

In summary, one makes at-Tayammum by the following steps:

-He forms an intention.

-He beats the earth once.

-He wipes over his whole face.

-He wipes over his hands, the palm over the outer part of the other.

It is recommended that a person blows the earth that he has on his hand with his breathe because this has been described in the Sunnah [Reported by al-Bukhaaree (338) and Muslim (347)], however some of the scholars have stated that this only the case if he has a lot of earth on his hands. 

End of Tayammum.

[ash-Sharh al-Mumti' 1/413]

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How to Make at-Tayammum - Interlacing Fingers in at-Tayammum (Part 28)

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One should make sure that he inter-laces his fingers (التخليل). 

Al-Uthaymeen explains that the Madhab states that this Waajib but in Wudhoo it is Mustahab, because interlacing the fingers is on the only way in which a person can be certain that earth has gone into all parts of his hands.

Uthaymeen states that interlacing has no evidence. He argues:

-Takhleel (interlacing fingers) in Wudhoo is established in the Hadeeth of Laqeet bin Sabarah, “Perform Wudhoo well, interlace your fingers and be excessive in washing your noses.” [Aboo Dawood (142), Nasai (87), at-Tirmidhee (788)]

However, there is no Qiyaas between this and making Tahkleel in Wudhoo.   

    

-There is no evidence to making Takhleel in at-Tayammum.

-The point of at-Tayammum is to bring ease, and the point of making Wudhoo is to wash properly.

-The Tayammum doesn’t involve wiping over the inner part of the hands rather the outer parts, so there is no point on making Takhleel. 

[ash-Sharh al-Mumti' 1/411-412]

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How to Make at-Tayammum - Wiping the Face and Then the Hands (Part 27)

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1-One must intend to make at-Tayammum and then say Bismillah.

Al-Uthaymeen states that the person intends in the heart to purify himself using earth, and this is condition.

The Niyyah is something intended in the heart and not something verbal.

Then he says Bismillah; the correct opinion is that this is Mustahab but the Hanablees state that this is Waajib.

2. He beats the earth with both his hands. The Hanbalees say it must be something which is granular but not sand.

Al-Uthaymeen explains that anything from the earth is sufficient (such as stone, mud, sand etc.).

3. His hands being slightly parted.

Al-Uthaymeen explains that this is because earth needs to envelope all parts of his hands, including between the fingers. However, al-Uthaymeen states that there is no actual evidence for parting the fingers.

4. He wipes over his face. Al-Uthaymeen explains with the palm of his hands.

5. One wipes his the outer part of each hand with the palm of the opposite.

Al-Uthaymeen explains after beating the earth with the palms, he uses the left palm to wipe over the other part of the right hand and the palm of the right hand to wipe over the outer part of the left hand.

The Hanbalees said that whilst wiping the face, parts of the palm must not touch the face in order for the wiping over the hands to be valid, because the same sand can’t be used twice. Hence, they split earth, like types of water, into that which is:

                -Pure (طاهر)

                -Pure and purifies (مطهور)

                -Impure (نجس)

Al-Uthaymeen states that this opinion of theirs is not correct because there is no real evidence for this division. Rather the evidence is against it, as the Hadeeth of Ammaar, in which the Prophet described the Tayammum as being one beating and complete wiping, proves. Therefore, one can use the earth on his palms for both wiping of the head and what’s left over for the hands.

[ash-Sharh al-Mumti' 1/410-411]

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How to Make at-Tayammum - Delaying the Salaat (Part 26)

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It is better to delay making at-Taymmum if he thinks it is likely that they will find water.

Al-Uthaymeen explains that if the time for prayer starts but he delays praying because he thinks it’s likely that he will find water, then there is no harm in this.

NOTE: delaying here means within the time for prayer and not to delay it outside of its prescribed time. Thus, delaying here means from the usual or preferred time of prayer to the later, acceptable time.

However this point has different scenarios:

1-That a person knows for certain he will not find water – in this case he must pray right away without delay.

Some said it is Waajib that he delays but al-Uthaymeen says he cannot delay based on the Hadeeth, “When any one of my Ummah finds that the time for Salaat has begun, then he must pray.” [al-Bukhaaree (335) and Muslim (521)]

2-He thinks that it is likely that he will find water – in this case there is no harm in delaying, acting upon what he thinks is most likely.

Some of the Hanbalees said its Waajib for him to wait as making Wudhoo is a condition (شرط) for the correctness of prayer.

However, al-‘Uthaymeen states that there is obligation because of the generality of the Hadeeth, “If any person from my Ummah meets the prayer time, then he must pray.”

However, the stronger his inclination gets, then he must take precaution consequently.  

3-If he is unsure whether he will find water or not – in this case he performs at-Tayammum and prays at the earliest time possible.

NOTE: praying in congregation (for the one who sees it) is Waajib, so the above doesn’t apply if a person needs to pray in congregation because praying in the congregation is Waajib – in this case he must perform at-Tayammum in order to pray with it. 

[ash-Sharh al-Mumti' (1/408-410)]

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How to Make at-Tayammum - Sincerity and Innovations (Part 26)

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Al-'Uthaymeen explains that the word description (صفة) usually refers to the manner in an act is performed. In order for the act of worship to be accepted, we have two conditions:

                -That the person has a sincere intention to worship Allaah by it (الإخلاص)

                -That the person follows the Sunnah and not innovating.

Innovations are of six types:

                                -The reason for the act of worship.

                                -The type of action.                       

                                -The extent of how many times its done.

                                -The manner in which it is done.

                                -The time the action of worship is performed in.

                                -The place the action of worship is performed in.

[ash-Sharh al-Mumti' 1/410]

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How to Make at-Tayammum - Finding Water After Salaat (Part 25)

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If a person finds water after Salaat then he doesn’t need to repeat. 

Al-Uthaymeen explains that if a person performs at-Tayammum and prays and then finds water then there is no need to repeat the prayer. The evidence is the incident in which two men performed at-Tayammum and prayed. Upon finding water one of the men repeated the prayer and the second didn’t. The Prophet said about the first man, “You will have two rewards” but to the second, “You have complied with the Sunnah.” [Reported by Aboo Dawood (338), an-Nasaai (431), ad-Daarimee (433), al-Haakim (178)].

NOTE: The point is that the Prophet did not command them to repeat their prayers upon finding water. As for the one who receives two rewards, then this is the case if a person who doesn’t know the ruling and makes Ijtihaad – if he is wrong, as in this case, he receives one reward; for praying the first prayer and then a second reward for repeating. However the one who follows the Sunnah with having knowledge has more of a reward – had this person prayed twice whilst having knowledge he would have innovated.

Therefore, following the Sunnah is more important than doing plenty of deeds upon ignorance. 

[ash-Sharh al-Mumti' 1/406-407]

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How to Make at-Tayammum - Second Nullifier: Arrival of Water (Part 24)

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Additonally, at-Tayammum is nullified as soon as one finds water. Al-Uthaymeen explains that if a person makes Tayammum because he didn’t find water (not because has water but is unable to use it) then the Tayammum is automatically nullified as soon as he finds water.

B-The above applied even if he is in Salaat. Al-Uthaymeen explains that there is a difference of opinion on this.

Their evidences are as follows:

                -“and you find no water, then perform Tayammum” [5:6]

The point of evidence here is that once a person finds water, the Tayammum is automatically nullified.

-The Hadeeth, “The earth is pure and a purification for the Muslim even if you do not find water for ten years, but if you find water then Fear Allaah and wash yourself. For verily, there is a great deal of goodness in this.” [Reported by al-Bazzaar (193) with this wording and Aboo Dawood (332), at-Tirmidhee (124), Ibn Hibbaan (1311) with another wording ].

This again shows Tayammum is automatically nullified.

-at-Tayammum is an act of purification for those who don’t have water but once water arrives then there is no substitute ruling.   

          

PRINCIPLE: if the word “even if” (لو) appears in the books of Fiqh, it then refers to a difference of opinion. But sometimes it can refer to clarifying issues. So the word “even if” appears where is says, “Even if he is Salaat” is addition to clarify that Tayammum is broken as soon as water arrives.

Some stated that if a person is praying after making at-Tayammum and then water arrives whilst he is praying, then the Salaat/Tayammum is not nullified. This is a view of the Imaam Ahmad himself but it was said he retracted this opinion, thus it is not the official opinion of the Hanbalee Madhab, they followed the above.  Their evidences include:

-The Sharee’ah has legislated purification for a purpose, in this case as-Salaat. So if a person does his best to find water but doesn’t, then he performs at-Tayammum and prays, then his Salaat can’t be nullified at a later point in time. This is because he did what he was capable to do.

-“and render not vain your deeds” [Muhammad:33]

It is not possible to exit or nullify an obligatory act of worship except with clear evidence or extreme necessity.

-The evidences above indicate a nullification of at-Tayammum when water arrives before one prays and not during.

-A Principle: if there is a possibility in understanding the texts in different ways, then it can’t be used as explicit proof إذا وجد الاحتمال بطل الاستدلال.

Uthaymeen states that the difference of opinion here is very strong.

PRINCIPLE: when there is a very strong difference of opinion, one can’t argue to “act upon what is safer”, because safer has two views.

For example, if a person says it is safer to nullify the Tayammum and the prayer and perform Wudhoo and repeat the prayer, then this opinion would be guilty of nullifying two obligatory actions without any evidence.

However, if a person says that it is safer to continue praying because this would not lead to a person nullify obligatory acts of worship then one would be guilty of perhaps not having his  prayer accepted.

Another example of this principle is the difference of opinion on the beginning time for the ‘Asr prayer:

The Hanafees stated that the time for al-‘Asr begins after the shade of an object reaches to twice its length.

The majority have stated that it begins once the shade of an object is similar to the size of the object.

So if one argues that it is safer to the Hanafee opinion, then one may be guilty for delaying his prayer for a very long time – which may be sinful.

If one argues that it is safer to follow the majority, then one may be guilty of praying outside of its legislated time.

The solution in this situation is to follow the strongest argument based on the evidence.

Based on this, Uthaymeen argues that the strongest opinion is former opinion because the wording, “but if you find water then Fear Allaah and wash yourself” specifically indicates that Tayammum is automatically broken once a person finds water.

Also, in this case one would be ending his Salaat in order to complete it not in order to nullify it.

Similar to a person who starts praying an obligatory prayer alone but then a congregation starts – it is recommended for him to convert his prayer to an optional prayer and end it quickly so that he may join the congregation. 

[ash-Sharh al-Mumti' 1/403-406]

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How to Make at-Tayammum - Nullifiers of at-Tayammum (Part 22)

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at-Tayammum is nullified with what nullifies Wudhoo. Al-‘Uthaymeen explains that the rulings of Wudhoo in this regard apply to at-Tayammum. Therefore, going to the bathroom or passing wind etc. will nullfiy the Tayammum.

[ash-Sharh al-Mumti' 1/403]

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How to Make at-Tayammum - Time for at-Tayammum (Part 22)

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A-If a person makes at-Tayammum for an obligatory prayer then he may perform optional prayers up until the time of that prayer runs out. This is the opinion of the Hanablees and the one favoured by al-Uthaymeen.

This includes combining prayers, and making up missed prayers. He is also permitted to pray Raaitbah and Nafl, as long as its not a prohibited time to pray in.

Some of the Salaf used to make at-Tayammum for every Salaat (i.e. after every Tasleem) but this is weak with al-Uthaymeen. He stated the correct opinion is what has been mentioned above.

B- Once the time for that prayer expires then the Tayammum he performed for that prayer also expires. Meaning, one must make at-Tayammum for each time of prayer, for example, if he made at-Tayammum to pray adh-Dhuhr during the time for adh-Dhuhr, then this Tayammum is nullified as soon as the time for al-‘Asr begins.

The Hanbalees stated at-Tayammum is only permitted out of necessity (i.e. unable to use water), thus every form of necessity has its restricted time. Here, it’s the duration of the time of as-Salaat.

The Hanbalees set some exceptions however:

1-If a person makes at-Tayammum combine prayers then the Tayammum is valid for both periods of time. For example, if a person makes at-Tayammum for adh-Dhuhr and combines it with al-‘Asr, then the Tayammum is valid until the time for al-‘Asr expires.

2-They stated that if a person makes at-Tayammum for al-Jumu’ah but prays one Rak’ah before the time ends, then he can continue and finish the prayer with the same Tayammum.

Al-‘Uthaymeen says but this rule is not consistent, because if we say that the Tayammum expires when the time for prayer expires, then we must say that in this case, he must stop praying, make at-Tayammum again (because the time for prayer has ended and he has invalidated his Tayammum) and then pray adh-Dhuhr (as he has missed al-Jumu’ah).

Al-‘Uthaymeen states that the above is the view of the Hanbalee Madhab however what is correct that at-Tayammum is not nullified when the time for the prayer expires.

This is based on the following:

-Allaah says about water and earth, “Allah does not want to place you in difficulty, but He wants to purify you” [al-Maa’idah 5:6]

Therefore, at-Tayammum is a complete form of purification.

-The Hadeeth, “The earth has been made as a place of praying and purification.” [Reported by al-Bukhaaree (307) and Muslim (291)]

This Hadeeth has the that the word purification (طَهور) comes with the Fatha (َ) which shows it’s an object of purifiction. Thus, it is an actual purification and not a temporary form of purification (مبيح).

-The Hadeeth, “The earth is pure and a purification for the Muslim even if you do not find water for ten years, but if you find water then Fear Allaah and wash yourself. For verily, there is a great deal of goodness in this.” [Reported by al-Bazzaar (193) with this wording and Aboo Dawood (332), at-Tirmidhee (124), Ibn Hibbaan (1311) with another wording].

-It takes the same ruling as Wudhoo as it is a replacement for it.

So based on this, at-Tayammum isn’t nullified by the time for prayer expiring, so its possible that a person makes at-Tayammum for adh-Dhuhr and he prays with the same Tayammum until al-’Ishaa, because it’s an actual form of legislated purification.

Ash-Sharh al-Mumti' (1/402-403)

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How to Make at-Tayammum - an-Niyyah: Specifying the Type of at-Tayammum (Part 21)

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B-A person must specify the type of impurity – minor or major.

Al-‘Uthaymeen explains that the Hanablees madhab are of the view that a specific intention must be made to lift impurities.

So if he intends to make at-Taymmaum to remove a minor form impurity alone then it doesn’t lift a major form thereby. If he intends to remove a major form of impurity alone then it doesn’t a minor one.

If a person intends to make at-Tayammaum to remove impurities from his body then doesn’t remove spiritual impurities.

However, if he makes at-Tayammum to remove all forms of impurities – major, minor, physical and spiritual impurities – then his Tayammum is for what he intended.

C- Likewise they are of the opinion that if a person intends to do a Nafl act of worship then he cannot perform something Fardh.  

Al-'Uthaymeen stated, for example, if a person performs at-Tayammum to perform Raatib prayers then its not permitted to pray the Fardh that comes after it, as he intended something that was lower, this is the opinion of the Madhab.

D- Based on the above points mentioned about the Niyyah of the one making at-Tayammum: if a person has no intention before making at-Tayammum, then the Hanbalees say he cant do any act of worship with this, as a precaution.

Al-‘Uthaymeen states however, that the correct opinion is that at-Tayammum removes all forms of impurities, even if he intends to do something lower (like a Nafl), he can pray something higher (like a Fardh) because at-Tayammum is an actual form of purification (رافع).

Ash-Sharh al-Mumti' (1/400-402)

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How to Make at-Tayammum - Niyyah and Removing Impurities (Part 20)

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A-Some of the scholars have stated that the Niyyah (intention) has two segments:

-That one intends to make at-Tayammum for a particular act of worship. According this view from the scholars, it is not permissible to make at-Tayammum for lower act of worship and then perform a higher act of worship with it. So if a person makes at-Tayammum to perform the Sunnah of Fajr, he can’t perform the obligatory prayers as well with this intention. But the opposite is true, he can perform what’s lower if the intention as higher, so if he intended the Fardh of Fajr then he can pray Naafilah with it.

-That one intends and specifies the type of impurity - to make at-Tayammum for a minor or major impurity or to remove any other type of impurity. 

Therefore, these scholars state that the reason for and the type of impurity must be defined in their intention before performing at-Tayammum.

However, this is exclusive to at-Tayammum and doesn’t apply to using water when making Wudhoo/Ghusl and removing impurities. So if he intends to pray then he doesn’t need to specify what type of impurities he is lifting and if he intends to lift the impurities he doesn’t need to specify the type of Salaat.

This is because at-Tayammum with doesn’t purify (رافع) but it only is a temporary form of purification (مبيح).

Al-Uthaymeen states however that the correct opinion is that at-Tayammum removes all forms of impurities (رافع) even if he didn’t specify the type of impurity nor the reason.

ash-Sharh al-Mumti ' (1/399-400)

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Difference Between a Condition, a Cause and a Prevention (Part 19)

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PRINCIPLE: The difference between a condition (الشرط), a cause (السبب) and a prevention (المانع) is:

A condition (الشرط) is when something must be present as a prerequisite, like Wudhoo is a condition for as-Salaat.

A cause (السبب) is the reason or the point of time when an action becomes legislated, such as having the threshold of valuables is a cause for Zakaat becoming obligatory.

A prevention (المانع) is when something must be removed before the action can be performed.

Therefore, a ‘condition’ and ‘prevention’ are opposites in relation to the presence of a thing.

[ash-Sharh al-Mumti' (1/399)]

How To Wipe in at-Tayammum - Following the Correct Sequence (Part 18)

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2-That one follows the order of at-Tayammum in minor impurities. Al-‘Uthaymeen explains that the order is to begin by wiping over the face then the left palm over the outer part of the right hand and then the right palm over the outer part of the left hand.

The evidence for this includes the following:

-The Statement of the Most High, “Tayammum with clean earth and rub therewith your faces and hands” [al-Maa’idah 5:6]

                Here we have proof that one must start with the face first.

-The Hadeeth, “Begin with what Allaah began with” [Reported by an-Nasaa’ee (3968), ad-Daaraqutnee (2/254)]

A- Sequence also means that wiping over the face and then the hands doesn’t have a big gap in between. The gap between each limbs is the time it would take to dry if it was washed with water – as preceded the limbs in Wudhoo must be washed in sequence before the previous limb has dried naturally otherwise the sequence would be broken.

The same time span applies here – that the person must follow the sequence with there being a big gap.

The Hanbalees argued that the ruling of something takes the same ruling (at-Tayammum) of that which it has replaced (al-Wudhoo). Therefore, just as a big gap in Wudhoo isn’t allowed, then a big gap in at-Tayammum isn’t allowed either.

However, having a gap in at-Tayammum for major impurities is permitted, as having a gap in major impurities, or having a particular sequence isn’t a condition for them.

However, the correct opinion with al-Uthaymeen is that sequence is a condition in both minor and major forms of purification. This is based on the Hadeeth of ‘Ammaar above. As for making Qiyaas with water in minor and major forms of impurity, then this Qiyaas is making an analogy with two separate issues altogether – because water is a purification for the whole body in major impurities but not in at-Tayammum.

So what appears to be correct is that one must follow the sequence and the gap between wiping the face and the hands applies to both forms of impurities, because that’s the form given and there is only one from at-Tayammum for both forms of impurities.

[1/397-399]

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How To Wipe in at-Tayammum - Wipe the Outer Parts of the Hands to the Wrists (Part 17)

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1-Wipiing the hands is up to the wrist. Al-‘Uthaymeen explains that some stated that we must wipe up to the elbow. They quoted as evidence:

-“and your hands (forearms) up to the elbows” [al-Maa’idah 5:6]

In this Aayah we make Qiyaas (analogy) between al-Wudhoo and at-Tayammum.

However, this Qiyaas is invalid because:

-at-Tayammum can’t be compared to Wudhoo as the limbs and sequence is completely different.

             -purification using water is different to purification using earth.

             -water is an actual cleaning agent whereas earth isn’t.

-the principle of Haml al-Mutlaq ala al-Muqayyad applies here, so we take the description which is specific to at-Tayammum rather than the general to Wudhoo.

-The Hadeeth, “at-Tayammym is two beatings of the earth. One beating to wipe over the face and the second beating to wipe over the hands up to the elbows.” [ad-Daaraqutnee (1/180), al-Haakim (1/179), al-Bayhaqee (1/207) but the Hadeeth is weak du to the presence of Abdul-Haqq al-Ishbeelee as stated by Ibn Hajar and others. See: at-Talkhees al-Habeer (208) and al-Buloogh (130)]

However, the correct opinion is to wipe up to the wrist. The evidence for this includes:

-“perform Tayammum with clean earth and rub therewith your faces and hands” [5:6]

-The word hand in the Quraan refers to the wrist, “Cut off (from the wrist joint) the (right) hand of the thief” [5:38]

-The Hadeeth of ‘Ammaar bin Yaasir that the Prophet ““It is sufficient for you to beat the earth and wipe over your face and then right outer hand and left outer arm.” Then he wiped off the earth that was on his hands. [Reported by al-Bukhaaree (337) and Muslim (347)]

There is no mention of wiping up to the elbow here.

[1/395-397]

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Conditions for at-Tayammum: Fourth Condition - Granular Earth (Part 16)

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4-That the earth be granular. Uthaymeen explains again this is a condition with the Hanbalees, but the correct opinion is that it doesn’t have to be granular, such as sand or soil.

The Hanbalees stated that if a person doesn’t find earth that is granular then there is no at-Tayammum and he prays without purification.

They argue that the Aayah, “Tayammum with clean earth and rub therewith your faces and hands” [al-Maa’idah 5:6]

This means that one must be able to wipe and this can only be done if it is using granular earth.

Uthaymeen states that this is not the correct opinion based on what has been discussed previously, namely, the Aayah, “Tayammum with clean earth” [al-Maa’idah 5:6]

This  is general and there is nothing to specify the meaning.

Also, the Prophet described on how to make at-Tayammum to Ammaar bin Yaasir and didn’t mention granular earth. Rather he said, “It is sufficient for you to beat the earth and wipe over your face and then right outer hand and left outer arm.” Then he wiped off the earth that was on his hands. [Reported by al-Bukhaaree (337) and Muslim (347)]

A-    

  The Hanbalees stated that granular earth must be Mubaah, if it is not Mubaah then at-Tayammum with it is impermissible, such as if a person stole some earth and made at-Tayammum with it.

Al-‘Uthaymeen states that the difference of opinion on this is well-known and it stems from the argument already discussed that “water must be permissibly gained in order to use it for Wudhoo or Ghusl”.

As for the correct opinion, then if a person steals earth and makes at-Tayammum with it then the Tayammum is valid. The same applies to stealing water, however the scholars say it is Makrooh to use said water/earth, yet valid.

[1/394-395]

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Conditions for at-Tayammum: Third Condition - Dissolving of Earth (Part 14)

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3-That the earth doesn’t dissolve. Al-Uthaymeen explains that this is the opinion of the Hanbalees that the substance used to make at-Tayammum cannot be something that dissolves, such as cement. However, the correct opinion is that anything that is from the earth is permissible to use. 

Conditions for at-Tayammum: Second Condition - Purity of the Earth (Part 13)

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2-At-Tayammum must be preformed using earth which is clean and pure. 

Al-‘Uthaymeen explains that the earth must have three characteristics:

                -It is clean/pure.

-It can be used to clean and purify (see meaning of this below).

                -It is not impure.

These three characteristics are similar to what has been said about water: that pure water has three characteristics, if any of them change then the ruling of the water changes likewise – the smell of the water, its colour and taste.

All of this is based on the Aayah, - “perform Tayammum with clean earth and rub therewith your faces and hands” [al-Maa’idah 5:6]

A – The meaning of the condition that the earth must be something that is used to clean and purify is threefold:             

-That the earth hasn’t been effected by something impure, such as that piece of earth has been urinated upon.

-That the earth used to make at-Tayammum stays on the body and doesn’t fall off. If a person makes at-Tayammum and the earth used to make it falls off, then this nullifies this condition.       

-That the earth being used to make at-Tayammum hasn’t been used before to make at-Tayammum. For example, if a person makes at-Tayammum and then another person comes and takes the earth that is on the hands or the face of the person and makes at-Tayammum himself, then this is not permitted.

However this is different to using the same plot of land. So if a person makes at-Tayammum in a particular place but then another comes and makes at-Tayammum in that same place, then this is permitted.

Some of the scholars have said it is not because that piece of land has already been used, akin to the ruling of used water (الماء المستعمل).