Fiqh: Kitaab at-Tahaarah (Part 4)

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14-There are three ways to purify corrupted water:

-to add more water so that the quantity of the corrupted water is reduced or removed completely .

            -by letting the water purify itself.

            -by removing the thing that makes it impure, if that it is possible.

Uthaymeen states that the correct opinion is that water is deemed pure or impure by its characteristics. So as long as the characteristics are removed then the water becomes Taahir and Mutahhar.

15-Water cannot be cleaned by cleaning agents such as earth or soap. Water that is Najis must be cleaned by changing its characteristics. Uthaymeen explains that the Hanbalees intend by this that water can only be cleansed by water, by adding more to it so that it changes its characteristics (see previous point).

16-The Hanablees state that the changing of colour, smell or taste only applies to water. Other liquids that have impurity put into them become impure immediately, even if the smell, taste or colour doesn’t change and this is irrespective of the quantity. Uthaymeen states that making Qiyaas (analogy) between water and all other liquids is the stronger view.

17-If one doubts on the purity of something, then he should follow what is most likely or what is more realistic. Uthaymeen explains, that the origin of things is that they are as they have been created. So if we have water, and it appears to be clean, then it is clean and purifying (Muttahar) as there exists no evidence to suggest that it is no longer pure.

18-The Hanbalees state that if a person can’t decipher then he must abstain and it becomes Haraam for him to use it, this is also the view of the Shafi’ees. There is another view that states that one must make Ijtihaad and act upon what he is most comfortable with. Uthaymeen opines that the correct view is for the person to act upon what he thinks is most likely or certain of.

19-If one still can’t decipher then he should repeat each act of worship. This is the view of the Madhab.

E.g. a person has two pots of water but one is Tahir and the other is Mutahir (this is according to the view that water is of three types) but is insure which pot is which. The Hanbalees say in such a case, he should make Wudhoo from both pots - washing each limb twice, one from each pot.

The same applies to clothes; if a person has two Thobes and one is clean and the other one is impure but he doesn’t know which one is which but he knows one of them is impure, then he should pray Salaah in both Thobes and then pray again in one of the Thobes, praying the same Salaah three times. That way he’ll be certain to have prayed in the clean (Taahir) one.

However, if he doesn’t know how many are impure, then he prays in each garment once.

They argue that one go this process for two reasons:

            -one will be sure that he has used the correct one.

-one will have accomplished the act of worship whilst having the correct intention. If one doubts in an act of worship, then the condition of having firm intention is not present and thus the act of worship is void.

However, ‘Uthaymeen says all of this is not in line with objectives of the Sharee’ah and what is upon the person is to perform acts of worship based on what he thinks is most likely, if he makes a mistake then he is not held to account and doesn’t have to repeat.

End of Chapter of Water.

Next: Chapter of Vessels and Utensils. 

Fiqh: Kitaab at-Tahaarah (Part 3)

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10-If water reaches to approximately 200Kg (Qullahtayn) then nothing can make it impure, unless if the smell, taste or colour changes.

11-In the Hanbalee Madhab, there are three views on what makes a large amount of water Najis:

-Impurity from humans, this is the view of the earlier Hanbalees. If this enters water, irrespective of quantity and its effect, the water will automatically become impure. The proof is the Hadeeth where the Prophet forbade us to urinate in stagnant water, here there is no limitation on the quantity of stagnant water. Some of the earlier Hanbalees agreed with this view but stipulated ‘hardship’; meaning if it is too difficult to purify the water that has been effected then the water is pure as long as the three characteristics of smell, taste or colour have not changed. However, it can be counter-argued here that the prohibition of urinating in stagnant water is bounded by one trying to benefit from the water afterwards. 

-The later Hanbalees stated that all forms of impurity are equal in its effect, so any small amount of water which is less than 200kg is made impure by mere contact. Amounts of water greater than 200kg must be changed in its smell, taste and colour for it to be deemed impure.

-The third view from the Hanbalees is that the water must change in its smell, taste or colour in order for it not to be called water anymore, and thus deemed Najis, irrespective of the quantity. This is the correct view with Uthaymeen.

12-If a person has a pot of water, and he puts his impure hand inside it, then the whole pot becomes Tahir but not Muttahir. This is if the water is less than 200kg. This is the view of the Madhab. They argue that impurity has entered the pot and affected the quality of the water. Likewise, his hand has become pure by this water, thus this water cannot be used again to purify (see point 9 for further clarification). Uthaymeen disagrees with this view, and argues that water cannot be judged as being impure or unable to purify without evidence.  What makes the former view even more weak, is that some of the scholars have stated that in such an event, one must perform Tayammum, despite one having clear water in his possession.

13-The Hanbalees have stated that water used to remove something impure, becomes impure. So if one adds water to remove the impure water, this water also becomes impure and so on, until the last pouring of water which has no traces of impurity or impure water. However, the last pouring of water becomes Tahir and not Mutahhir because it becomes used water.

E.g. a man has a thobe and it has impurity on it. He puts water on it to wash it, this water becomes impure as soon as it touches the area of impurity. The impurity is still on his clothes so he add more water, the new additional water also becomes impure until he keeps on adding water and all traces of the impurity have been removed. However, the final pouring of water is deemed as ‘used water’ and thus being Tahir but he is not allowed to use it again to purify something else as it is not Mutahhir.

Shaykh Ibn ‘Uthaymeen disagrees with this because this derivation implies water is of three types: Tahir, Najis, and Mutahhir. But the Shaykh affirms that water is always pure as long as there is nothing corrupting its taste, smell or colour.

Fiqh: Kitaab at-Tahaarah (Part 2)

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5-With the majority water is of three types: water that is pure and it purifies (Mutahhar), water that is pure but that doesn’t purify (Tahir) and water that is impure (Najis). The Maalikees disagree with this classification and have stated that water can only be Mutahhar or Najis, as water that doesn’t purify doesn’t exist. This is the opinion of al-‘Uthaymeen and Ibn Taymiyyah also. They argue, if water ceases to have the quality of being Mutahhar (either because of the smell, taste or colour changing) will not be called water anymore.

6-Water can only cease to be water or deemed as being impure water if the smell, colour or taste changes. This is a matter of agreement between the scholars. However, this depends on the quantity of water, because if an impurity falls into a small amount of water, it would be deemed as being impure even if the three characteristics above do not change. Uthaymeen said, the correct opinion is that water remains as being water unless the characteristics change even if something impure has fallen into it.

7-Substances falling into water but don’t mix with it is known as al-Mujaawarah. Uthaymeen states that this doesn’t change the purity of the water, this is the correct view. This is contrary t  the view of the majority of the scholars that say that the water becomes Taahir but not Mutahhar, as Muttahar is unhampered water or al-Maa’ al-Mutlaq.

E.g. if particles of leaves from a tree were to fall into water, the correct opinion is that the water remains as being called water and it remains Mutahhar. The majority will say that this water has become corrupted.

Some of the Hanbalees say it is Makrooh to use this water in order to abstain from the strong difference of opinion on the issue, but all matters have strong difference of opinion – so this view is weak with al-'Uthaymeen. 

8-Based on issue number 7 - some of the Hanbalees held the view that heating water up with fire that it is fueled with something Najis is Makrooh. However, al-'Uthaymeen opines that this is not the correct opinion, as smell, taste and colour is not effected by smoke. Some of the scholars even stated that there is Ijmaa that external smell that passes over water, such as smoke, doesn’t make the water impure by merely passing over it.

9-al-Maa al-Musta’mal or water that has already been used is Taahir but not Mutahhir with the majority. Meaning, if water has been used to make Wudhoo or Ghusl, then that water cannot be used again to make Wudhoo again even if the characteristics of that water hasn’t changed. Some of the Hanbalees disagreed with this and so did the Maalikees. Uthaymeen supports the view of the latter, that as long as water is clean (in its smell, taste and colour) it can be used again.

To be continued…

Fiqh: Kitaab at-Tahaarah (Part 1)

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With the Grace and Favour of Allaah, the Most High, I am pleased to announce a series of notes which will abrdige the amazing explanation of Shaykh Muhammad bin Saaleh al-‘Uthaymeen in a book called ash-Sharh al-Mumti’. It is a simple book describing Hanbalee Fiqh, however the Shaykh - may Allaah have Mercy upon him in abundance – has added many points of benefit.

The copy used is the one printed by Ibn Jawzee with the editorial of Shaykh Khaaled al-Mushayqah and Shaykh Sulamaan Abaa Khayl [may Allaah Preserve them both].

I ask Allaah to make this beneficial for us all and that he gathers us all under His Mercy in the Dunyaa and the Akhirah.

And upon Him is my Reliance and Plea for Support…

Kitaab at-Tahaarah (Purification)

-Ibn al-‘Uthaymeen explains Taharah comes first in this book for two reasons: to explain how to remove harm, and that it precedes as-Salaat.

Definition of the word at-Taharah:

1-Lingusitcally it means cleanliness, to purify.

Technically: to raise ritual impurity and remove dirt.

2-Najaasah is defined as anything that needs washing, something impure – because it is Haraam to consume, but not because it is harmful or because of its Islaamic ruling. Uthaymeen explains, if something is Najis then it is Haraam and not permissible (Mubaah) to consume. However, something may be harmful but not Najis, such as poison. Likewise something may be Haraam in its Islaamic ruling but not necessarily Najis, such as hunted game for the pilgrim.

3-The majority of the scholars have stated that nothing can remove ritual impurity (Hadath) except water. They argue that one must use water to become ritually pure. As for at-Tayammum, then this is a temporary measure for those who are unable to find water.

The Hanafees are of the view that ritual impurity and any other forms of dirt can be lifted by any measure, and doesn’t have to be water and the evidence is the use of Tayammum for this Ummah. As it has been made a replacement for water, then this is proof that water is not a must to remove impurities. This is the view of the Hanafees and the correct view with ‘Uthaymeen and also a view shared by Ibn Taymiyyah.

4-The Hanafees and some of the Hanbalees are of the view that something Najis can turn itself to become pure if the Nasjasa is lifted by itself. Uthaymeen explains, that  wine can turn itself into vinegar, thus something impure becoming pure without any intervention.

To be continued…