Risālah ibn Abī Zayd al-Qayrawaanī – Chapter 5: Ghusl

نظم رسالة ابن أبي زيد القيرواني
Risālah ibn Abī Zayd al-Qayrawaanī

The Risālah : A Treatise on Mālikī Fiqh by ʿAbdullah ibn Abī Zayd al-Qayrawānī (310/922 -386/996)

Translated by Alhaj Bello Mohammad Daura, MA (London) (Including commentary from ath-Thamr ad-Dānī by al-Azharī)

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter 5: Ghusl

Evidence for it and its preconditions were already mentioned in the chapter on wudū’. The description of ghusl contains obligations, sunnas and meritorious elements. The author did not clarify which are the obligations and so we will make that clear. There are five obligations:

1. Covering the entire body with water;

2. the intention;

3. lack of interruption;

4. rubbing; and

5. making water penetrate the hair, whether it is thick or there are thick plaits.

There are five sunnahs of ghusl:

1. washing the hands to the wrists first:  

2. rinsing the mouth;

3. sniffing water up the nose;

4. blowing water out the nose;

5. and wiping the earholes. He wipes whatever he can wash of them. The description of the washing is to take water in the hands and tilting his head so the water can reach the inside of his ears. He does not pour water into his ears because that would entail harm.

Its meritorious parts are seven:

1. the Basmala;

2. beginning by removing filth from the body;

3. washing all the limbs of wudu’ before the bath;

4. beginning with the upper body before the lower;

5. beginning with the right side before the left;

6. doing the head three times; and

7. using a small amount of water while doing ghusl completely.

There are five disliked things:

1. reversing the order of the actions;

2. pouring a lot of water;

3. repeating the washing after having done it fully;

4. doing ghusl in the lavatory or in a filthy place; and

5. to purify oneself while showing the private parts. Ghusl is washing which covers the entire surface of the body accompanied with rubbing because the reality of ghusl consists of both.

5.1. Things which make ghusl obligatory

5.1a. Janaba

You must do ghusl because of janaba

[Janaba results from two things: ejaculation and the disappearance of the end of the penis in the vagina.]

5.1b. End of Menstruation or Lochia 

or at the end of menstruation and the bleeding after childbirth.

[At the cessation of the bleeding of both states, in both attribute and judgement. Some of them say that it is attribute rather than judgement which was already discussed. You are aware of the similarity in the attribute, but not in the judgement. The attribute is not specific to the obligation.]

5.2 Ghusl With or Without Wudū’

5.2a. Ghusl without wudu’

If, when doing ghusl, you do not include wudū’ it is acceptable

[If the person who is purifying himself orherself from janaba, menstruation and lochia confines himself to ghusl without wuduu’, the ghusl satisfies wudū’ and so he can pray with that ghusl without doing wudū’ if he has not touched his penis since the minor impurity is included in the major impurity. This is when ghusl is obligatory, like the ghusl for janaba. As for the ghusl which is sunna or recommended, it goes not satisfy wudū’.]

5.2b.What to Do First

but it is better to do wudū’, having begun by washing off any impurity from the private parts or the rest of the body.

[ It is better for the one who is purifying himself from janaba and the like to perform two meritorious actions, one of which is to begin by washing the private parts or any filth on his body. If he washes it with the intention of janaba and removes the filth, that is enough for him in the well-known position. He does not have to repeat his ghusl a second time. If he washes with the intention of removing the impurity and then does not wash it afterwards, it is not enough by agreement. The second meritorious action is wudū’ before washing his body to honour the limbs of wudū’.]

5.2c. Doing Wudū’ First

after This You Do wudū’ as you would for the prayer.

[Based on his previous statement that it is better for him to do wudū’, which linguistically is washing the hands to the wrists. So he completes the wudū’ which he would do for the prayer. This would necessitate that he washes off any filth on the body or private parts before washing his hands. That is not the case since washing the hands is put first. So it is better to say that he speaks first about the judgement, and secondly about the actual description.

Another matter remains. It is whether he repeats washing the hands a second time after washing his penis without the intention of janaba or not. The hadith of Maymuna demands that after the filth is removed, the hands are not washed again. That is the definite position of some people, but most of the commentators of Khalil say that he washes them again.]

5.2d. The Question of the Feet

If you want to, you can include your feet, or if you want, you can leave them to the end.

[His words show that he can choose between washing his feet before washing his body or delay that. Some of them therefore say that he can choose between washing his feet before or later. The well-known statement is that he washes his feet before absolutely whether the place where he washing is clean of filth or not. The evidence for the accepted position is in the Muwaṭṭa’ that “whenever the Messenger of Allah performed ghusl for janaba, he would begin by washing his hands, and then did wudū’ as for the prayer. “So it is clear that he did a full wudū’, which is the school of Mālik and ash-Shafi’i. Al-Fakhani said that it is the well-known position. It is said that he can absolutely delay washing them whether the place is clean or not. The position about delaying them is more evident than the well-known position based on what is in the two Sahīh collections that the Prophet used to delay washing his feet to the end of his washing and then he would wash them.]

5.3. Description of Wudū’

5.3a. Putting the Hands in the Vessel

Then you immerse your hands completely in the water container, take them out without holding any water in them, and rub the roots of your hair with your fingertips.

[After he has finished wudū’, he puts his hands in the vessel if it is open. If it is closed, he pours the water on them. He takes them out uncupped without any actual water other than the traces of the water and he rubs the roots of the head, beginning from the back of the skull. There are two benefits in rubbing in fiqh: the speed of making water reach the skin, and medicinal, which is that it prepares the head for the water so that it will not be harmed when the water is poured on it afterwards since the pores of the skin will be closed.]

5.3b.Three handfuls of Water

You then take out three handfuls of water washing your head throughly with each one.

[After finishing rubbing the roots of head, water is scooped on the head three times while rubbing his head with them. The entire head must be covered with each of the three handfuls and there must not be less than three, even if it is all covered with one and does his separate parts with it. If three is not enough, he does more until it is covered.]

5.3c. Women’s Hair

Women do the same as this. They gather up their hair and do not have to undo their plaits.

[The woman washes filth off and does wudū’ first and wets the roots of the hair as a man does. She gathers up and holds her hair and it is neither obligatory or recommended in the ghusl for janaba or menstruation for her to undo her plaits. The evidence for what he said is in Muslim where Umm Salamah said, “Messenger of Allah, I am a woman who keeps her hair closely plaited. Do I have to undo it for ghusl after sexual defilement?” He replied, “It is enough for you to throw three handfuls over your head and then pour the water over yourself. Then you will be purified.” It is an argument for the one who says that rubbing is not a precondition because the pouring washes away. As the woman is not obliged to undo her plaits, she is not obliged to remove her ring, even if it is tight, or her bracelets, nor is it obligatory for a man to remove a permissible ring, even if it is tight.]

5.3d. Pouring Water on the Right Side

You then pour water over your right side, then over the left, rubbing the body with both hands immediately the water has been poured so that the whole body is covered.

[After washing his head, he begins to wash his body by washing the entire right side beginning from the top and then does the same with the left side. It is obligatory to rub it in the well-known position. From what he says it appears that he does not rub after pouring water on the right side until water is poured on the left side. When water is poured on the left side, he rubs both sides. Something similar is stated in Tahqiq al-Mabani. It is clear that he rubs the right side before pouring on the left side. That is how you find it elsewhere. He rubs with both hands if that is possible. It is not possible, he delegates someone else to do to do the rubbing. The area between the navel and knees can only be rubbed by someone who can touch that directly – a wife or slavegirl. If he does not find anyone to do that, it is enough to pour the water over his body without rubbing. If he delegates someone when it is not necessary, that is not allowed in the well known position. The rubbing should be done after the water has been poured, and that is evident.]

5.3e. Covering the Entire Body

If you have any doubt about water reaching any part of your body you pour water over it again,

[The water must cover all the body to discharge the responsibility and it is only satisfied when he is certain. If there is any doubt about whether or not the water has reached the limbs of person performing the bathing, then he is obliged topour water over himself again, and it is not enough to wash it with water still on his body.]

5.3f. Rubbing

rubbing with your hand until you are certain every part of your body has been covered.

[There must be rubbing or whatever takes its place if that is impossible. It is like that when he is unsure about whether or not he has rubbed a place on his body. He takes water again and rubs it until he is certain of that. It is enough that he thinks it probable, differing from those who say that it is not enough. If it is enough to make the water reach the skin, which is agreed upon, it is better to carry out the rubbing which is disputed. He must repeat until he is sure that his entire body has been covered.]

5.3g. Inaccessible Areas

You must make sure that you include the inside of the navel, under your chin, that you put your fingers right through your beard, that you rub under your armpits, between your buttocks and thighs, behind your knees, not forgetting the heels and the soles of your feet. You also make sure you rub between each finger.

[The water and rubbing must include all these areas, the throat and that which is under the beard, putting the fingers through the hair of the beard. The hair of the head is not mentioned because it was already dealt with, and other hair must be washed as well, like the eyebrows, eyelashes, moustache, armpits and pubic region. Inside the navel must be washed, which a place where dirt gathers, between the buttocks which must be relaxed so that water reaches the folds of the anus, but not inside the anus. Also inside the thighs, which is between the anus and penis, behind the knees, and the soles of the feet. It is obligatory to put water between the fingers which would have been covered a prior wuduu’. Otherwise it is done in ghusl. He does not mention things which are far from water, like the lines of the brow and hollows of the outside eyelids and under the nostrils and other places since that was covered in wudū’.]

5.3h.The Feet

If you have delayed washing your feet, you wash them last, thereby completing both your ghusl and your wudū’.

[If they were not washed first, then they are washed, completing the obligatory ghusl and recommended wuduu’. If he delayed washing the feet in wudu’, he washes them with the intention of wudū’ and ghusl.]

5.4. Avoiding Touching the Penis:

5.4a. After the Ghusl

You should be careful not to touch your penis with the inside of your hand when rubbing your body but if you do, having already completed your ghusl, you have to do wudū’ again.

[When he does wudū’ on account of janaba after washing the uncleanness from his private parts with the intention of removing janaba, he should be careful about touching the penis. It is mentioned because it is the most common of several things which break wudū’. Wudū’ is only obliged by touching the penis with the inside of the hand. It appears from this that wudū’ is not obliged for touching the penis unless it is done with the inside of the hand. That is the position of Imam Ash-hab. The school of Ibn al-Qāsim is that wudū’ is obliged for touching the penis with the inside of the hand or the fingers. In the Mukhtaṣar of Shaykh Khalīl, he adds “or by the sides of the fingers”. If you touch the penis deliberately or forgetfully and you have finished wudū’, then wudū’ must be repeated if you want to pray. Otherwise it is not necessary to repeat it until you wish to pray. as is the case with other ritual impurities. It is necessary to have an intention to repeat wudū’ if he wants to pray, because his major impurity has been removed and so some say that the intention for wudū’ must be renewed which is agreed upon.]

5.4b. Touching the Penis Before Ghusl is Completed

But if you touch it at the beginning of your ghusl, after having washed the areas included in wudū’, you should then go over them again with water in the right order and with the intention of doing wudū’.

[All or part, as is transmitted from Abu ‘Imraan. It makes no difference whether he washes them first and then touches or whether he has washed some of them. Following the correct order is recommended. We consider that the correct sequence in wudū’ is sunnah. It is evident that he means that it is not obligatory in the sunnah. It is said that it is referring to the obligations of wudū’, its sunnahs and its meritorious actions. It is said that it refers to making water flow on the limbs and rubbing. On this basis and on the basis of what is before it it must mean that it is obligatory.

There is disagreement about the renewing the intention of wudū’. The author says that it is obliged to renew the intention of wudū’. If he intends to remove the major impurity, that is not enough. He is in the position of someone doing wudū’ who is not in janaba who intends to remove major impurity. Al-Qabisi says that he is not obliged to renew it. The basis of the disagreement is whether each limb which is purifies first or its own is purified without the full completion. If we said the first, then it is obliged to renew it because its purity has gone with the ritual impurity and so it is obliged to make an intention to wash it again. If we state the second, then it is not obliged to renew it because it remains and so we include it in the intention for the greater purity.]

Published in: on December 10, 2020 at 21:57  Leave a Comment  

The Restoration of the Use of Our Money

بسم الله الرحمن الرحيم

The Restoration of the Use of Our Money

Speech of YB Senator Mumtaz binti Md.

HARI ZAKAT, KOTA BHARU, KELANTAN

1.- Alhamdulillah. Alhamdulillah, the Lord the World, the King of the Day of Judgement. It is in His Name that we have gathered here today for a great and noble purpose: To restore a Sunnah that had been lost, that is, the payment of Zakat using Shariah currency.

2.- This is a great event that will echo throughout the years to come and throughout all Muslim lands. It is great because anything to do with restoring a Sunnah is great. It is great because the Zakat is an important affair to all the muminun. It is great because the introduction of the Shariah currency into our daily life is the greatest political event of the Muslims of this century.

3.- All this will happen today. Today we start a new chapter in the modern history of Islam. A chapter in which we, the people of Kelantan, have decided to pay Zakat using OUR money. As it was in the past and it will be in the future.

4.- Our Money, indeed, because the Dinar and the Dirham are the currency mentioned by Allah, subhana wa ta’ala, in Qur’an. Our Money, because the gold and silver coins have been “our money” from the beginning of Islam until the fall of the Khalifate. Our Money, because the Dinar and the Dirham are the means to calculate the nisab of Zakat. Our Money, because they are the measurement in Islamic legal issues regarding hudud.

5.- Our Money is clean from inflation. It was one year ago on the last 12th of August, that the Government of Kelantan through its State Company, Kelantan Golden Trade, launched officially the new coins. At that time the Gold Dinar was 581 Malaysian Ringgit. One year later, today’s price of the Gold Dinar is 811 Malaysian Ringgit. The Silver Dirham was 13 Ringgit, now is 25. This means a gain of 40% in Gold and 92% in Silver. As a result the people in Kelantan who bought the Shariah coins last year are richer now. Everyone else holding Malaysian Ringgit has been impoverished. Because the Malaysian Ringgit keeps losing value. The Shariah currency gains value and will continue gaining value against paper currencies.

6.- Gold and Silver are the same in Malaysia, as in Indonesia, as in Thailand, as in any country in the world. Gold and Silver are the historical currency of the world. Their worth is endorsed by 5,000 years of human history. The Dinar and the Dirham will unify the Muslim nation: One Ummah, One currency. This is the motto of those of us who want to see the Shariah currency in circulation amongst the Muslims.

7.- Our gold and silver coins will end the unacceptable supremacy of the US dollar as world currency while returning justice to the world. Unlike with the US dollar, there is no monopoly in the production of gold or silver, and their yearly production (2.6 thousand tons) hardly reaches 1.5% of the present stock in circulation. Gold and silver will eventually replace the present international monetary system, enhance international trading and allow a more just distribution of the wealth in the world. On this basis, we endorse the recent call by the Muslim government of Kazakhstan for the introduction of a gold currency to replace the US dollar as world currency.

8.- Some people question whether there is enough gold in the world to be a world currency. The answer is simple and it was already answered by David Ricardo in the XIX century: “Any commodity can serve as world currency independently of their total amount in circulation. If demand increases at its present price, the price of that commodity will rise to accommodate the total demand however big”. That is to say, as demand continues to increase its value will continue to grow to accommodate demand. It is in this light, that people have calculated that if we return to gold standard it is expected that the price of gold will go anywhere between 10,000 to 30,000 USD per ounce. In addition, silver will also continue to rise in price as a support to gold.

9.- Some people also think that gold is subject to speculative forces and therefore its price could be manipulated. Like every commodity the price of gold and silver fluctuates. This is normal and healthy. We know that the price of Dinar and Dirham fluctuated even in the early days of Islam. This is not a problem. This is how it should be. What those people who are concern with speculators ignore is that the large stocks of gold are not in the hands of large investors or even central banks. By the end of 2010 there were an estimated 165,000 tons of gold in the world of which 50% is in the form of jewelry, 18% is owned by central banks and the IMF, 18% is owned by private investors, 12% is in some form of industrial use (such as dentistry, electronics, etc) and 2% is unaccounted for. In fact the largest holders of gold in the world are… Indian ladies. If we were to be worried about a large fluctuation of gold, we should be worried about the ladies of India selling their gold. Yet, what it seems is that they are buying more, rather than selling.

10 – In the long term, gold is the most stable currency the world has ever seen. A 400 years’ study on the price of gold against a basket of commodities conducted by Prof Roy Jastram in his book “The Golden Constant” reveals that gold is remarkably stable despite wars, crisis and the passing of time. A chicken at the time of the Prophet cost one dirham, today you can buy one chicken in most parts of the  world for approximately one dirham …if not two. But if the comparison is made against any other paper currency, both gold and silver, outperforms any one including the mighty US dollar. We can simply affirm that gold and silver are the most stable currencies that we could have.

11.- Most of the things I have just mentioned can be learned by reading Gold Standard literature. Yet, there are things that we stand for that go beyond the Gold Standard. The Gold Standard is a monetary model that is based on paper money partially backed by gold. Our position is more advanced. We advocate gold and silver coins, freely owned and circulated by people. We advocate absolute freedom: freedom from the monopoly of central banks and also freedom from banking and political systems.

12.- We advocate the freedom that Allah has granted us in the Qur’an: “Trade with mutual consent” Money is part of trading. Money also must be traded according to the rule of mutual consent. Impositions or monopolies are not accepted in Islam. We advocate gold and silver because we advocate freedom. This means that we do not believe that the government has any right to impose, even gold. We believe the government should be the guarantor of freedom. That is the Islamic Way.

13.- But what has gathered here today is more than just the gold and silver coins, it is the payment of Zakat using gold and silver coins. Zakat is one of the pillars of Islam. Zakat must be paid in ‘ayn, and not in dayn. ‘Ayn in Arabic refers to anything tangible, a commodity present. Dayn in Arabic refers to any promissory note, or debt or liability. Zakat must be paid in ‘ayn. This is a fact. ‘Ayn is also the name given to gold and silver coins, what we normally call ‘cash’.

14.- For too long, we have accepted that Zakat could be paid with Ringgit. Yet we do not know what a Ringgit is. If you go to Bank Negara with a bill of “One Ringgit” and you ask the bank, pay me the Ringgit. Bank Negara will respond there is nothing to pay. If there is nothing to pay, what is a Ringgit? The answer is a legal paper which value is entirely based on the compulsion of the State. The Ringgit is a fiat currency. And as such, its only value that can be used for Zakat is its value as ‘ayn, that is, its value as paper.

15.- This judgment is endorsed by Shaykh ‘Illish. Shaykh ‘Illish, was one of the most learned Scholars of Islam from al-Azhar of Egypt during the Khalifate, he was the last Ottoman Scholar in Islam who wrote on the matter of paper money. Someone brought the newly introduced paper money by the British in Egypt and asked him: can you pay zakat with this? He answered: “Yes, you can but only for his value as ‘ayn’. That is, the only thing that has value of paper money regarding the payment of zakat is its value as PAPER.

16.- Those scholars with discrimination today admit that we use paper money as a matter of darurah. Darurah, as you know, means exceptionality in Islam. It is an extreme circumstance by which an exception to what is forbidden must be made. Such as for example, being in danger of losing your life or the impossibility to do what is halal. In those extreme circumstance, the Scholars agree that something is normally not accepted can be accepted, …but only temporarily. Darurah is temporal, it cannot be treated as a continuous exception. Thus, some scholars argue that we have to pay Zakat with paper money because that is the ONLY  currency that there is. And that was true. But not today.

17.- Today, by showing the people that we can use the Dinar and the Dirham…Today we FINISH DARURAH. Today, we the people of Kelantan, we show the Muslim world, that we can use the Dinar and Dirham. Today we show the world that IT CAN BE DONE.

18.- The significance of the act that we celebrate today will echo throughout history and throughout the Muslim world. Today we are going to pay Zakat with Dinar and Dirham. To achieve this, the Government of Kelantan first allowed the minting of the coins, and second, it has encouraged more than 1,000 shops throughout the State to accept Dinars and Dirhams. The coins that we will pay today will not have to be exchanged for paper money they could be used in any of the thousand shops that there is in our State and the other thousand that exist throughout Malaysia with the sticker “We Accept Dinar and Dirham”. It is this network of shops that collaborate with us which are making this event possible.

19.- These are the reasons why we are making history today. We believe that we are opening a new chapter in the history of Islam. We believe the whole of Malaysia will join us in this affair. We believe the whole Muslim world will join us in this affair. The payment of Zakat using the Shariah currency will establish the coins as means of payment. And that is a second achievement.

20.- If we obey Allah, we will succeed. If we follow the way of the kuffar we will fail. Our decision is therefore clear. We will obey Allah. We will establish the Dinar and Dirham as our Shariah currency and we will pay Zakat using Dinar and Dirham. This will in turn be a victory of Islam versus Riba. This will in turn be a victory for the Ummah.

21.- Let us rejoice our religion. Let us pay Zakat using the Shariah currency as it used to be done by the Sahaba. Victory belongs to Allah. He is the Light of the Heavens and the Earth. We are just His servants. In the Name of Allah, the Merciful, the Magnificent: Let the event began.

Published in: on December 6, 2020 at 18:28  Leave a Comment  

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter 4: On How to do Wudū’ and what is Farḍ and Sunnah in it – How to Clean Yourself after Going to the Lavatory with Water (Istinjā’) or with Stones and Other Things (Istijmār)

Risālah ibn Abī Zayd al-Qayrawaanī

The Risālah : A Treatise on Mālikī Fiqh by ʿAbdullah ibn Abī Zayd al-Qayrawānī (310/922 -386/996)

Translated by Alhaj Bello Mohammad Daura, MA (London) (Including commentary from ath-Thamr ad-Dānī by al-Azharī)

Chapter 4: On How to do Wudū’ and what is Fard and Sunnah In It (Wudū) – How to Clean Yourself after Going to the Lavatory with Water (Istinjā’) or with Stones and Other Things (Istijmār)

4.1 Istinjā’ (Cleansing With Water in the Lavatory)

[Istinjā‘ is to wash the place of filth with water, It (Istinja) is derived from najaa, to rescue or to deliver from. It is as if the one who does istinjā’ removes something offensive from himself. Istijmār is to use small stones to remove offensive matter on the place].

4.1a. Not Part of Wudū

Cleaning yourself with water after going to the lavatory should not be considered a part of wudu’, being neither one of its sunnah nor its farḍ aspects.

[It is neither obligatory, sunnah or recommended to connect wudu’ to istinjā. It is a separate form of worship which is distinct from wudū’ in time and place. It is not considered one of the sunan nor one of the obligations nor one of the merits of wudū‘. Its aim is to clean the place in particular. It is recommended that it precede wudu‘. If he delays it, then he must be careful about touching his penis which would break his wudū‘.]

4.1b. Its Purpose

However, you have to do it in order that all impurities are removed before doing the prayer. You do not have to make a special intention before doing it.

[Istinjā‘ is to remove impurity and so it is obligatory that it be done with water, as istijmār is done with stones so that he does not pray with impurity on the body. Part of what indicates that it is part of removing impurity is that it is enough that he remove it without intention.]

4.1c. Impurity on Clothes

The same thing applies when washing impurities off clothes.

[Cleaning impurity from clothes does not require an intention.]

4.1d. Description of Istinjā

The way you wash yourself after going to the lavatory (istinjā‘) is first of all wash your hand and then the end of the penis where the urine comes out. You then wipe any impurity from your anus using hard earth or other things or your left hand, which you should then wipe on the ground and wash.

[The full description of istinjā’ is that after he has removed anything by lightly using his fingers, he takes his penis in his left hand with his index finger and thumb and then lightly pulls it from the bottom to the glans. Then he wipes any impurity from his anus with clods or anything which can be used for istijmār. Then he washes his left hand fearing that any unpleasant smell will remain on it. Then he does istinjā‘ with water, but he first washes the place of urine before the place of faeces so that his hand will not be impure. Combining istijmār and istinjā‘ with water is better since the Prophet did that.]

4.1e. Further Cleaning

After this you wash your anus by pouring water over it which you continue to do while at the same time relaxing it a little, rubbing the area thoroughly with the left hand until it is clean.

[ You continue to pour water without letting up because it is more helpful in removing filth. You relax the anus a little because there are folds in it. When water touches it, it contracts. When it is relaxed, it can be washed. The place is rubbed with the hand while the water is being poured until it is cleaned of noxiousness. It is enough that he thinks it probable if he is able to do that. If he is not able to do it because his hand is cut off or short, he delegates someone who is able to touch that place, be it wife or concubine. He does not do wudū’ when he leaves that without washing it.]

4.1f. What is Unnecessary

You do not have to wash the inside of either of the two openings.

[It is not recommended or sunnah to wash inside the openings. For a man, there is only one opening, because the urethra has no opening.]

4.1g. In Case of Breaking Wind

You should not do istinja’ on account having broken wind.

[It is forbidden to do this cleansing on account of wind. The basis for that is the words of the Prophet,”The one who does istinjā‘ on account of wind is not one of us.” There is no text which clarifies whether the prohibition is one of prohibition or one of dislike. The hadīth can imply either.]

4.2 Istijmār (Cleansing with Stones)

4.2a. Number of Stones

When doing istijmār it is sufficient to use only three stones provided that the last one comes out clean,

[Istijmār is done with three stones. When the last one comes out clear of noxiousness, then that is adequate, even if water is available. One might conclude from his words that istijmār using less than three stones is not permissible. But the well-known position is that it is based on cleanness, even if it that is achieved with only one stone.]

[Ibn Juzayy points out that it should be an odd number.]

4.2b. Water is Better

but using water is more purifying, more pleasant and preferred by the men of knowledge (ʿulamā‘).

[It is understood from his words that the stones are enough, even if water exists, out of the fear that someone might imagine that is the same as using water and that they are equally excellent. That possibility is eliminated by his words that water is “more purifying” because neither substance nor trace remains when it is used while the stone only removes the actual thing, and water is better because it removes doubt. It is preferred by scholars, with the exception of Ibn al-Musayyab who said that using water is the action of women and implies that it is part of their obligation, i.e. specific to them and they are not allowed to use stones, as it is specifically necessary in menstruation, lochia and sperm, i.e. in respect of the one obliged to do tayammum because of illness or when he does not have enough water for ghusl, but does have enough water to remove the impurity. Water is also specifically necessary when a lot spreads out from the orifice when it is more than is customary.]

4.3 Washing the Hands Before Wudū’

If someone has neither urinated nor defecated but is doing wudū’ because he has broken it in some other way or has been asleep or has done something else which makes it necessary for him to do wudū‘, he should wash his hands before he puts them into whatever water container he is using.

[If someone has not urinated nor defecated or anything else which would require istinjā‘, like madh-yu and wadiy-yu, and wants to do wudū‘ because he has broken wind or done something else which obliges wudu‘, like apostasy, uncertainty about impurity, becoming a Rafidite [extreme Shi’ite], and other reasons like sleep, intoxication and unconsciousness, in following the sunnah, he must wash his hands first even if there is nothing on them which demands washing them as when they are both clean. Washing the hands to must absolutely be done whether he does istinjā‘ or anything else]

4.4 Sunnahs and obligations of Wudū

4.4a.Washing the hands to the Wrists

The sunnahs of wudū‘ include: washing the hands before putting them into the water container,

[One of the sunnahs of wudū‘ is to wash the hands to the wrists before putting them in the vessel. The sunnah of washing the hands before putting them into the vessel is when there is little water and it is possible that it might be used up. Otherwise it is not sunnah to wash them before putting them in the vessel.]

4.4b. Rinsing the Mouth

rinsing the mouth,

[Rinsing the mouth is a sunnah: it is to move water about in the mouth and spit it out. If he swallows it, it is not the sunnah. Also if he opens his mouth so the water runs into it, it is not the sunnah. The water must be moved about in the mouth and then spat out.]

4.4c. Sniffing up Water

sniffing up water into the nose and blowing it out again,

[One of the sunnahs is to to put water in the nostril by inhaling and if water is put up the nose without sniffing, that is not the sunnah. To blow it out, he puts his forefinger and thumb of his left on his nose and blows out the water from the nostrils using his breath.]

4.4d. Wiping the Ears

and wiping the ears. These are all sunnah actions,

[It is a sunnah of wudu‘ to wipe the outside and inside of the ears. The outside is what is next to the head and the inside is what is beside the face.]

4.5 Obligatory Elements of Wudū

the rest being obligatory (farḍ).

[The rest of wudū‘ is obligatory. This sentence is unclear since the rest of wudū‘ includes aspects which are sunnah, like repeating the wiping of the head, renewing the water for the ears, and the correct sequence, and that which is recommended, like saying the Basmala at the beginning. The answer to that is that his words, ‘the rest being obligatory‘ means the rest of the limbs which are washed and wiped independently since it is obligatory to wipe the head, and repeating it is dependent on it. The rest of the limbs designates independent obligations. Renewing the water and the correct sequence are not limbs. They are not connected to limbs, but to other than limbs because renewal is connected to water and proper sequence is connected to washing.]

4.6 How to Do Wudū’

4.6a. Basmala

Some of the men of knowledge (ʿulamā‘) say that when you go to do wudū‘ because you have been asleep or for any other reason you should begin by saying “Bismillah” (in the name of Allah), whereas others say that this is not part of doing wudū‘ correctly.

[When you go to do wudu‘ for some reason which obliges it, like sleep or something else, some scholars says that one begins with the Basmala. It is said that he says, “In the name of Allah, the Merciful, the Compassionate,” and it is said that he simply says, “Bismillah.” Some scholars do not think that beginning with the Basmala was part of the known business of the Salaf, and indeed think that it is reprehensible, i.e. disliked. It is evident from the words of the author when he ascribes each position to ‘some’ that Malik did not take any stand regarding the Basmala. There are three transmissions from Mālik about the Basmala. One is that it is recommended, and that is what was stated by Ibn Habib, and is well-known because of the words of the Prophet, “There is no wudū‘ for the one who does not mention Allah.” The hadith appears to imply the obligation, and that is what was said by Imam Ahmad and Ishaq ibn Rahawayh, who was a mujtahid. The second is that it is reprehensible, saying, “Is he slaughtering so that he needs to say the Basmala?” The third is that there is a choice and then the judgement is that it is permitted.]

4.6b. Where to Place the Water Vessel

It is easier to get at the water if the container is on your right hand side.

[It is recommended for the person doing wudū‘ to put the vessel from which he does wudū‘ to his right because it is easier to take water. If the vessel is open, he can scoop from it. If the opening is narrow, it is better to have it on his left because that is easier.]

4.6c. Washing the Hands Three Times

You begin by washing your hands three times before putting them into the water container,

[After putting the open vessel to the right and the narrow one to the left, to follow the sunnah, he begins by washing his hands to the wrists three times before putting them into the vessel with a separate intention.]

4.6d. If You Have Gone to the Lavatory

except if you have just urinated or defecated in which case you wash off any traces of impurity before starting to do wudū’.

[What precedes is about the one who has not urinated or defecated. If he has urinated or defecated, then that person washes off the urine or faeces from himself before doing wudū‘. Then he does wudū‘, meaning the linguistic washing of the hands. Thus his first words about washing the hands before putting them in the vessel is about the one who has not urinated or defecated. If he has urinated or defecated, then he washes the place of urine or other filth and then does wudū‘, i.e, washes his hands, which is the first of the sunnahs of wudū‘.]

4.6f. Rinsing the Mouth

You put your hand into the container, take some water, and rinse your mouth out three times, using either one handful or three as you wish.

[You put your hand in the vessel if it is possible. Otherwise you pour the water and take enough water without being extravagant. You can rinse the mouth three times using one handful of water. The first handful is sunnah and each of the remaining two is recommended. If he wishes, he rinses the mouth three times with three handfuls, and the second form is better than the first form.]

4.6g. Rubbing the Teeth

It is also good to rub your teeth with your finger.

[It is recommended to clean the teeth with the finger before doing wudu‘.]

4.6h. Sniffing Water up the Nose You Then Sniff Up Water into Your Nose

[For the correct sequence only, so after he has rinsed the mouth, he sniffs water up his nose. Note that he says, “into the nose” because there might be sniffing without in going into the nose. Perhaps he mentioned that to seek the blessing of the actual words of the hadīth. Muslim says, “He snuffs water up his nose.”]

4.6i. Blowing Water Out the Nose

and blow it out again three times, holding your nose as you do when you blow it.

[What is accepted is that it is sunnah on its own, and the description of blowing out is to put the finger and thumb of the left hand on the nose and to bring the water with the air of the nose as he does when he blows the nose. Mālik disliked blowing it like a donkey because of the prohibition against that in the hadīth.]

4.6j. Number of Times

It is all right if you do this rinsing and sniffing less than three times. It is also all right to do all of this with only one handful of water but three handfuls is preferable.

[Less than three is adequate for rinsing and sniffing. The minimum is achieved by one or two times. The evidence for what he mentioned is that the Prophet did wudū‘ doing each action once and each action twice. The person doing wudū‘ can also combine rinsing and sniffing in the same handful. It has two forms. One that he only moves to sniffing after he finishes rinsing and the second is that he rinses and sniffs and then rinses and sniffs and then rinses and sniffs. The first is better because it is free of any reversal of order in worship.]

4.6k. Washing the Face: Wetting the Face

Then you take water, either with both hands together or with the right hand bringing the hands together afterwards, and using both hands pour the water unto the face.

[After finishing rinsing the mouth and sniffing, then he takes water with both hands if he wishes, or with the right hand and then puts it onto both hands and brings the water to his face. It appears that moving the water to the face is a precondition. This is according to Ibn Habīb, Ibn Majishūn and Saḥnūn. The well known position is that it is not a precondition to move it. What is desired is to bring water to the surface of the face however that happens, even by a waterspout.]

4.6l. Actual Washing of the Face

Then Using Both Hands You Wash the Face

[He applies water to the face without splashing the face with water as women and most men do it. He washes it with the hands. This means that washing connected to moving the water to the washed limb is a precondition of the recommendation in wudu‘. He also does that himself, even if he entrusts someone else to do the wudū‘ when that is not necessary. It does not satisfy the requirement because that is one of the actions of the arrogant. Rubbing is also obligatory, and the well-known position is that rubbing is obligatory in itself, not simply bringing the water to the face.]

4.6m. Area Covered: from the Top of the Forehead – Which is Marked by the Hairline –

[The sunnah in washing is to begin to wash the limbs from their top. If he begins from the bottom, it is allowed, but what he has done is disliked. He explains that what is meant by forehead is what touches the earth in prostration and the right and left sides of the brow, which is next to the normal roots of the hair. One does not take into consideration thick hair or baldness. He includes the thick hair in washing but not the place of baldness. From ‘hairline’ it is understood that part of the head must be washed to achieve the obligation.]

4.6n. to the End of the Chin,

[The face has both length and width. The beginning of its length is the normal roots of the hair and the end is to the end of the chin, which is the point of the beard, and the hairs on the bottom lip. There is no dispute about it being included in the washing. Its width is from ear to ear.]

4.6o. Covering the Entire Face

covering the whole area of the face from the jawbones to where the ears start, making sure you include the eye sockets, any wrinkles on the forehead and the bottom of the nose.

[He must wash the entire face, rubbing around it, including the temples between the ears and the eyes. The well-known position is that it is included in washing. You run your hand over what is hidden inside the sockets and inside the eyes. That must be washed. Also the hand must pass over the wrinkles on the brow, which is the place of prostration The hand must be passed over the bottom of the nostrils. This refers to the outside out and not the inside. He must wash the outside of his lips if they are not covered while washing the face.]

4.6p. Doing It Three Times

You wash your face in this way three times taking water to it.

[The face is washed in this manner three times from the beginning of the limb to the end and rubbing it.]

4.6q. The Beard

When washing your face you rub the beard with both palms to make sure that water gets into it since hair has a natural tendency to repel water. You do not have to put your fingers through your beard when doing wudū‘ according to Malik. You merely rub your hands over your beard down to the end.

[When the beard is thick, when washing the face, rub the hair of the thick beard with the palms in order to make the water enter it. If he does not do this, he will not do all of the outside of the hair because the hair repels water which gets on it unless it is moved by the hands. The well-known position from Mālik is that one does not have to put your fingers through the hair of a thick beard in when doing wudū’. Indeed the apparent text of the Mudawwana is that it is disliked in the case of a thick beard. As for the sparse beard through which the skin shows, he must put his fingers through it when doing wudū‘. It is absolutely obligatory to make the water penetrate the hair of the thin or thick beard in washing. The hands must move the water to the end of the beard.]

4.6r. The Second Obligation: the Hands

You then wash your right hand and forearm three times, or twice, pouring water over it and rubbing it with the left hand, making the fingers of one hand go between the fingers of the other. Then you wash the left hand and forearm in the same way.

[Then first after finishing washing the face, which is the first obligation, he moves on to the second obligation, which is the hands. He washes the right hand first because it is recommended without dispute to begin with the right in things before the left since it is sound that the Prophet said, “When you do wudū‘ begin with the right.” It is done three or two times. There’s a choice in the number times the hands are washed, but there is no choice in washing the face and feet. The reason for that is that it is established that the Prophet washed his face three times and his hands twice each. He pours water on the right hand and rubs it with the left hand. The rubbing must be connected to pouring the water. He puts the fingers of one hand between those of the other hand. He inserts them through the gaps from the top and not the bottom because otherwise that would entail entwining which is disliked. His words can imply either obligation or recommendation, but the first is the well known position. The basis for that is the words of the Prophet, “When you do wudū‘, put water between your fingers and your toes.” However, the command is obligatory for the hands and recommended for the feet. Then he washes the left hand in the same manner.]

4.6s. Extent of Washing the Hands and Arms

When washing the arms you go right up to the elbow, including it in what you wash. It has also been said that you only wash up to the elbows and that it is not necessary to include them but it is better to include them in order to remain on the safe side.

[When doing wudū‘ you wash up to the elbows and include the elbows in the washing. It is possible to include them or not in the washing. The most famous position is that it is obligatory to include them. He clearly stated that here. This is taking the ayat [“and your hands to the elbows,”] to mean “with”. Those who say that it that the washing ends at the elbows take the ayat to actually mean ” up to”. The third position is that it is recommended to include them in the washing to remove the difficulty of definition because it is difficult to define the end which the washing reaches.

4.6t. The Third Obligation: Wiping the Head

Then you take water with your right hand, pour it onto the left hand and using both hands you wipe over your head, beginning at the hairline at the front of the head. You place fingertips together with the thumbs at the temples then wipe over your head with both hands as far as the hairline at the back of the neck. Then you bring them back to the place you started, bringing your thumbs up behind your ears back to the temples. Whatever way you wipe your head is acceptable as long as the whole head is covered but the way mentioned is better. If you were to put both hands into the container, then lift them out wet, and wipe over your head with them this is also acceptable.

[After finishing the second obligation, he moves to the third obligation, and takes the water with the right hand and pours it onto the left palm and wipes his entire head with his hands. It is recommended to start at the front of the head or the normal hairline whether the hair is thick or he is bald. The fingers are put together except for the thumbs which are put at each of the temples. Then the head is wiped to the back of the neck, which is the bottom of the skull and then it is brought back to the place from where you started. It is recommended to bring the thumbs behind the ears and back to the temples which must be wiped along with the rest of the face including the hair. This manner of wiping is not obligatory, but the basis is to achieve a comprehensive washing and to completely wipe the head and hair. If he put his hands in the vessel, that is another way of taking water for wiping the head. So if he brings his hands out wet after putting them in the water, whether it is in a vessel or not and then wipes his head, that is enough according to Mālik without dislike and it is recommended according to Ibn al-Qāsim.]

4.6u. The Ears

Then you pour water over your index fingers and thumbs or if you like you dip them into the water and with them you wipe the outside and inside of both ears.

[After wiping the head, then the ears are wiped by taking water in the right hand and pouring it over the index finger and thumb of the left hand and the adjoining part of the left palm and he pours it on the same of the right hand. Then he wipes the outside and inside of both ears. If he wishes, he can dip the index fingers and thumbs in the water and then wipe with them. The first manner comes from from Ibn al-Qāsim and the second from Mālik.]

4.6v. Women’s Action in Wiping

Women wipe their heads and ears in the same way but they have to wipe over any hair that is hanging loose and cannot wipe over any head covering.

[The woman wipes her head and ears like the man in amount and description by the words of the Almighty, “Wipe your heads,” and women are the sisters of men. She wipes over any hair hanging loose. What is well-known is the obligation to wipe over any of man’s hair which is hang ing on the two sides since it will fall on the place of the obligation or on the face. As for that which actually extends over the place of the obligation, it is agreed that it is obligatory to wipe it. The ‘head covering’ is a cloth by which a woman binds her hair to protect it from the dust. She also does not wipe over other similar hair coverings when they are put next to the head because all of that is a barrier since it does not let her wipe what must be wiped. Otherwise it is permitted as Mālik said that the Prophet wiped over his turban, which is by necessity. Imam Ahmad disagreed and said that there is choice in that. It is affimed that the Prophet wiped the forelock at the front of the head first and finished by wiping over the turban.]

Wiping under plaits

They should put their hands under their plaits when bringing their hands back to the front.

[After the woman begins the wiping from the front of her head and reaches the back where the hair hangs down, she must put her hands under the plaits of hair to complete it, and it is sunnah to bring the hands back if there is any moisture left on them. It is clear from his words that she does not have to undo her plaits because of the difficulty involved. Some people limit that to what is tied with a thread or two. When there are a lot of threads, it must be undone.]

4.6w. Fourth Obligation: the Feet

[After he finishes wiping the ears, he begins the fourth obligation, i.e. washing the feet. It is said that its obligation is wiping. The reason for the disagreement has to do with how the words of the Almighty are read and whether “your feet” is in the genitive or accusative. If it is accusative, then the feet are added to “face and hands” and there is no doubt that its obligation is washing, and so this judgement is given by the conjunction. If it is genitive, then it is joined to “head” and it has the judgement of what it is joined to, which is wiping, and so they are wiped. They are wiped if he is wearing leather socks. This is deduced from what the Prophet did since it is confirmed that he only wiped his feet when he was wearing leather socks. The multiple transmissions from him is that he always washed them when he was not wearing leather socks.]

4.6x The Manner of Washing the Feet

You then wash both feet pouring water onto your right foot with your right and rubbing it with your left hand little by little. You do this thoroughly three times.

[The description of washing the feet is that water is poured with the right hand onto the right foot which is rubbed with the left hand. Rubbing one foot with the other is not enough. This is the position of Ibn al-Qāsim. Its washing is recommended to be completed by water and rubbing three times and should not be more than that. The washing of the feet is limited to three times, which is one of two well-known positions about whether the fourth is disliked or forbidden. The other statement is that washing the feet has no limitation. What is desired is to cleanse, even that is more than three. It is also well-known.]

4.6y The Toes and Heels

If you want you can put your fingers between your toes. If you do not do this it does not matter, but doing it makes you feel more satisfied. You then rub your heels and ankles and any part which water does not get to easily due to hardening or cracking of the skin. You should make sure you do this well, pouring water on the area with your hand because there is a hadith which says, “Woe to the heels from the Fire.” The “heel” of a thing is its extremity or end. You then do the same thing with the left foot.

[If he wishes, he puts water between his toes while washing them, and if he wishes, he leaves that, but it is better to put them between the toes and no doubt remains when it is done. Rubbing the heels can mean either the obligation or recommendation. What is meant is the first. He must rub all those places where the water does not immediately reach due to hardness or cracks as well as wrinkles in loose skin. The threat regarding “Woe to the heels from the Fire” does not only apply to heels, but to every part of the limbs of wudū’. The Prophet said that about when he saw that the heels had no water on them and had not been wiped with water. The whole process is repeated with the left foot. He did not state the limit of washing, and it extends to the ankles. The best known position is to include them in the washing.]

4.6z Three Times

Washing each of the limbs three times is not an actual command. You can do it less but three is the most you should do. If you can do it thoroughly with less than that it is acceptable as long as you do not leave anything out. Not everyone is the same in the amount of water they require to do wudū‘ thoroughly.

[There is no actual definition that it is not adequate if the limbs are not washed in wudū‘ three times each. Three is the limit of what can be done, and no more than three. Ibn Bashīr transmits the consensus that the fourth time is forbidden. The story of the consensus of its prohibition is not established because of the existence of the statement that it is disliked. However prohibition can include what is disliked. The basis in this is that it is related that a bedouin asked the Messenger of Allah about wudū‘ and he showed him three times each. It is clear that he did wudū‘ in his presence and then said, “This is how wudū‘ is.” Therefore anyone who does more than this has acted badly, transgressed and done wrong. If it is done throroughly with less than that, it is allowed. The maximum is specified, but not the minimum since it is contained in one and two and so its state is known and there is no need to define it. Not all people are the same in doing that washing thoroughly. If someone does not do it thoroughly with one time, then it is not allowed and specified in respect of him that which will achieve it. If that is only complete with two, then he intends the obligation by them, and the third is excellence. If it is only thorough with three, then the obligation is intended by it and the recommendation removes what is more. It is clear that the description of wudū‘ contains obligations, sunnahs and virtues and the person is encouraged to perform them in the manner by which none of them is lacking.]

4.7 The Reward for Performing Wudū

The Messenger of Allah, may Allah bless him and grant him peace, said, “Anyone who does wudū‘ and does it well and then raises his eyes to the sky and says, ‘I bear witness that there is no god but Allah alone, without any partner and I bear witness that Muhammad is His slave and Messenger,’ will have the eight gates of the Garden opened for him and he can enter by any of them he chooses.”

47a. What to Say Afterwards

Some of the ‘ulamā‘ recommend saying when you finish wudū‘, “O Allah, make me one of those who turn back to You and make me one of those who purify themselves.” (Allahumma ijʿalnii mina-t-tawwabīna wa-jʿalnii mina-l-mutatahhirīn).

[Ibn Habīb says that it is recommended to say this. The ‘tawwabin‘ are those who have committed wrong actions and then repented and purified themselves of the wrong actions.]

4.8 Purpose of Wudū

4.8a. Aim

You must do wudū‘ realising that you are doing it for Allah as He has ordered you to do, hoping that it will be accepted and that you will get the reward for it and that it will purify you of your wrong actions.

[Scholars say that the shaykh did not speak about the intention (niyyah) for wudū‘ because he did not say that he makes the intention to perform wudū‘ which is an obligation by agreement with Ibn Rushd because he did not recall any disagreement about its being obligatory for wudū‘. That is why the agreement is related about its being obligatory and in the soundest position with Ibn al-Hājib. Opposite it there is a text on wudu‘ from Mālik about it not being obligatory. Then they disagree about whether it can be deduced from his words or not. Some say that he does not speak about intention in the Risālah at all and some of them say that it is deduced from his words “he must”, meaning the person doing wudū‘ must be doing wudū‘ sincerely for Allah, not for showing off or reputation. That is because sincerity is commanded in the words of the Almighty, “They were only commanded to worship Allah making the deen sincerely His.” Sincerity is that a person intend the Worshipped by the act of worship without actual articulation. The focus of the intention is the heart. Part of its precondition is that it accompany the first obligation in wudū‘, which is washing the face. If it precedes it by a lot, then it is agreed that it is not permissible. There are two accepted positions about it preceding by a little. The best known is that it is allowed. They agreed that if he makes the intention after washing the face, then it is not adequate. The basis for the intention is that it accompany it. If it happens that he overlooks it, he is forgiven. When wudū‘ is done sincerely with the intention of obeying Allah’s command and secure in himself that the action is done freely, he should hope that it will be accepted and he will be purified of wrong actions based on what is in (Saḥīh) Muslim where the Prophet said, “When a Muslim (or a believer) does wudū’ and washes his face, then every wrong action at which his eye looked leaves from his face with the water – or with the last drop of water”]

4.8b. Wudu‘ as Preparation

You should feel in yourself that it is a preparation and a cleansing for speaking to your Lord and standing in front of Him to carry out the acts He has made obligatory on you with humility in your bowing and prostration.

[He should know that wudū‘ is a preparation and a cleansing from wrong actions and dirt. When the legally responsible person wants to perform wudū‘, he does it sincerely for Allah Almighty desiring that Allah will accept it because he is purifying himself and this is in order to prepare to converse with his Lord. Conversing with the Lord demands sincerity of heart and devotion of inner consciousness to His remembrance. It is also in order to perform the obligation Allah has imposed on him. Bowing and prostration are specifically mentioned as well as humility in other actions because total humility is meant and because the closest a slave is to his Lord is when he is in prostration.]

4.8c. Having Certainty

You should do wudu‘ with a certainty of this, taking good care to do it properly for no action is complete without the right intention behind it.

[You should be aware that wudū‘ is preparation for intimate conversation with your Lord in order to make reverence and esteem firm in your heart. That will result in doing wudū’ with due humility to your Master. This reverence and esteem will result in doing wudu‘ in a manner which is mindful of avoiding imperfections and whisperings. Actions are only according to intentions. It is enough that the Prophet said, “Every man has what he intends.”]

الإعْـلاَمُ بِـحُـدُودِ قَـوَائِدِ الإسْـلاَمِ ([Advice Concerning the Boundaries of the Foundational Principles [Pillars] of Islam]) by Qaadī ʿIyaad

The following discussion has been taken from the book الإعْـلاَمُ  بِـحُـدُودِ  قَـوَائِدِ  الإسْـلاَمِ ([Advice Concerning the Boundaries of the Foundational Principles [Pillars] of Islam]) by Qaadī ʿIyaad.

شَرْح الْقاعِـدَةِ  الثَّانِيَةِ

(The Explanation of the Second Foundational Principle [Pillar] of Islam)

وَهِيَ  الصَّلاَة (which is prayer)  وَهِيَ  عَلَى سِتَّةِ  أَقْسَامٍ (It has six divisions):

1 -فَـرضٌ  عَـلَى الأَعْـيَانِ  (The prayers that are placed as an obligation on the individual) – وَهِيَ (are): الصًّلَوَتُ  الْـخَـمْسَةُ (the five daily prayers), وَالْـجُـمُعَةُ (and the Friday Prayer) فَـرضُ  عَـيْنٍ (which is obligatory for the individual to perform) لِأَنَّهَا بَـدَلٌ  مِـنَ  الظَّهْـرِ (because it stands in the place of the Ḍhur prayer), وَلكِنْ  لَهَا أَحْكَامٌ  تُخَالِفُهَا (but it has its own rules).

2 -فَـرضٌ  عَـلَى الْـكِفَايَـةِ  (The prayer that is placed as an obligation on the entire community) وَهِـيَ  الصًّلاَةُ  الْـجَنَازَةِ (and it is the funeral prayer);

3 –  وَسُـنَّةٌ (and Sunnah Prayers) وَهِـيَ  عَشَْـرُ  الصَّلَوَاتٍ (which are also ten):

[1] –  صًّلاَةُ  الْوِتْرِ  (Witr Prayer),

[2] and [3] –  وَالْعِيدينِ  (The Two ʿId Prayers [ʿIdu-l-Fiṭr and Idu-l-Aḍ-ḥaa]),

[4] and [5] – وَكُـسُوفِ  الشَّسِ  وَالقَمَرِ (The Prayer for the Eclipse of the Sun and the Eclipse of the  Moon),

[6] – وَالإسْـتِسقَاءِ (The prayer for Rain),

[7] –  وَرَكَْْتَى الْفَجْرِ (The Two Rakʿahs of the Fajr Prayer), وَقِـيلَ  فَـضِيلَة (and it has been said it is a Meritorious Prayer),

[8] – وَرَكْعَتَى الطَّوَاف (The Two Rakʿahs of the Circumambulation of the Kaʿbah),

[9] – وَرَكْعَتَى الإحْرَامِ (The Two Rakʿahs at the Place of Iḥraam [Mīqātu-l-Iḥraam]),

[10] – وَسُجُودِ  الْـقُرْآنِ (The Prayers in the Eleven Places of Prostration in the Qur’an);

4 – وَفَـضِيلَةٌ (and The Meritorious Prayers); وَهِـيَ  عَشَْـرُ  أَيْـضًا (which are also ten):

[1] وَرَكْـعَتَان بَـعْدَ  الْـوُضُـوءِ (two rakʿahs after performing wuduu’),

[2] وَتَـحِيَّةُ  الْـمَسْجِدِ (the prayer that is performed upon entering the masjid), وَرَكْـعَتَان (it is two rakʿahs),

[3] وَقِـيَامِ  [ شَهْـر ] رَمَـضَانَ (standing for prayer during Ramaḍaan [The Taraawih Prayer]),

[4]  وَقِـيَامُ  اللَّيلِ   (night prayers [Tahajjud]),

[5] وَأَرْبَـعُ  رَكْعَاتٍ  قَـبْلَ  الظُّهْـرِ (four rakʿahs before Ḍhur prayer),

[6] وَإِثنَانِ  بَـعْدَهَـا (two rakʿah after Ḍhur prayer),  وَرُوِيَ  أَرْبَـعُ (while some transmission mention four),

[7] وَإِثنَانِ قَـبْلَ الْـعَصْرِ (two rakʿah before ʿAsr prayer), وَرُوِيَ  أَرْبَـعُ (while some transmission mention four), وَإِثنَانِ  بَـعْدَ  الْـمَغْرِبِ

[8] (two rakʿahs after Magrib prayer, وَرُوِيَ  سِـتٌّ (while some transmission mention six) وَرُوِيَ  عِشْـرُونَ (and others mention twenty),

[9] وَالصَّلاَةُ  الضُّحَى (The Ḍuḥaa Prayer) وَهِـيَ  ثَـمَانُ  رَكْـعَاتٍ (which consist of eight rakʿahs), وَاخْـتَلاَفَـتِ  الرِّوًايَـة فِيهَا (and the transmissions differ concerning it), مِنْ  اثْنَتَيْنِ  إِلَى اثْـنَتِي  عَشْـرَةَ (from two to twelve [rakʿahs]),

[10] وَإِحْـيَاءُ  مَـا بَـيـْنَ  الْـعِشَاءَيْـنِ (Giving attention of what is between the two evening prayers [Maghrib and ʿIshaa’] – [that is to say, the performance of two rakʿahs between them has also been mentioned]).

وَقَـدْ  عَـدَّتْ  هَـاـذِهِ  [ مِـنَ ] السُّنَـنِ (All of above-mentioned can be included among the Sunnah prayers) أَيْـضًا (as well); وَتَـطَوُّعٌ (and a voluntary prayers) كُـلُّ  صَـلاَةٍ (is every prayer) تُـنُقِّلَ بِـهَا  (which has designated for it)  فِي  الأَوْقَاتِ  (times) الَّتِي  أُيِحَتِ  الصَّلاَةُ  فِيهَا (for which the [performance of the] prayer is suggested).

5 -يَـخْتَصُّ  بِـلأَسْـبَابِ  (The Prayers That Have Special Reasons for Their Performance); وَهِـيَ  عَشَْـرُ  أَيْـضًا (which are also ten):

[1] and [2] الصَّلاَةُ  عِـنْدَ  الْـخُـرُوجِ  إِلَى السَّفَرِ (the prayer performed when starting out on a journey) وَعِـنْدَ  قُـدُومِ  مِـنْهَا (and the prayer performed upon arrival),

[3] وَصَّلاَةُ  الإسْـتِخَارَةِ (the prayer for Allah’s guidance in making a decision) رَكْـعَتَانِ  (which is two rakʿaks),

[4] وَصَّلاَةُ حَاجَةِ (the prayer of the one who has a need) رَكْـعَتَانِ (which is two rakʿaks),

[5] وَصَّلاَةُ  تَسْـبِيحِ (the prayer for glorification of Allah), أَرْبَـعُ (which is four rakʿaks),

[6] وَرَكْـعَتَانِ  بَيْـنَ  الأَذَانِ  وَالإقَامَةِ (two rakʿahs performed between the adhān and the iqāmah),

[7] وَرَكْـعَتَانِ  لِـمَنْ  قُـرِّبَ  لِـلْقَتْلِ (two rakʿahs of the one who is about to be killed),

[8] وَرَكْـعَتَانِ  قَـبْلَ  الدُّعَـاءِ (two rakʿahs before the supplication [of repentance from the being on the verge of sin or unlawful action]),

[9] وَرَكْـعَتَانِ  عِـنْدَ  التَّوْبَـةِ  مِنَ  الذَّنْبِ (two rakʿaks after repenting from a sinful action) وَالاسْـتِغٌفَارِ مِـنْهُ (seeking forgiveness for it),

[10]  وَأَرْبَـعُ  رَكْـعَاتٍ (four rakʿahs) بَـعْدَ الزَّوَالِ (after the setting of the sun).

6 – مَـمْنُوعٌ (The Prohibited Prayers); وَهِـيَ  عَشَْـرُ  أَيْـضًا (which are also ten):

[1] عِـنْدَ  طُـلُوعِ  الشَّمْسِ (during the rising of the sun) وعِـنْدَ  غُـرُوبِـهَا (and the setting of it), إِلاَّ لِـمَنْ  تََذَكَّرَ  فَرْضًا (except for the one who remembers an obligatory prayer) أَوْ  نَامَ  عَنْهَا (or was asleep during the time of the prayer) أَوْ  لَـزِمَـهُ  قَـضَاؤُهُ (or he has to perform it [because the time of the prayer has passed]),

[2] وَالصَّلاَة بَـعْدَ  الصّبْحِ   (praying after Ṣubḥ Prayer) حَـتَّى تَشْرِقَ  الشَّمْسُ  (until the sun has fully risen),

[3] بَـعْدَ  الْـعَصْرِ (or after ʿAsr Prayer) حَـتَّى تُغِيبَ (until the sun has disappeared),

[4] وَبَعْدَ  طُـلُوعِ  الْفَجْرِ (after dawn has come in), إِلاَّ  رَكْـعَتَى الْفَجْـرِ   (except for the two rakʿahs of  the Fajr Prayer [Dawn Prayer]), والصّبْحِ (the two rakʿahs Ṣubḥ Prayer), أَوْ  مَـنْ  تَـرَكَ الْـوِتْـرِ (or the one who didn’t perform the Witr prayer) أَوْ  نَـامَ  (or slept) عَـنْ  حِـزْبِـهِ  (during the time he usually performs his portion) مِنَ  اللَّيْلِ (of the Night Prayer [Tahajjud]),  فَـلَهُ صَـلاَةُ  ذَلِـكَ (he [the person who missed] these prayers can perform them), مَـا لَـمْ  يُـصَلِّي الصّبْحَ (as long as he hasn’t prayed the Ṣubḥ Prayer,

[5] وَبَعْدَ  الْـجُمُعَةِ (after Jumuʿah prayer) فِـى الْـمَـسْجِـدِ (in the masjid) فِـي  مُـصَلاَّهُ (in its prayer hall); وَهِيَ  لِلإمَامِ (and for the Imām), أَشَـدُّ  كَـرَاهِـيَةً (it is strongly dislike),

[6] and [7] وَقَبْلَ  الْـعِيدَيْنِ (praying before the two ʿIds) وَبَـعْدَهُـمَا (and praying after them), إِذَا صُـلِّيَا فِـي  الصَحْرَاءِ (if they are prayed in the desert),

[8] وَقَبْلَ  الصًّلاَةِ  الْـمَـغْرِبِ (before the Maghrib Prayer),

[9] وَبَـيـْنَ  الصَّلاَتَـيْـنِ (between the two prayers) لِـمَنْ  جَـمَعَ  بِـعَرَفَـةَ  وَمُزْدَلِفَة (for the one who joins together the prayers when on Mount ʿArafat or Muzdalifah), أَوْ  لِـمَطْرِ (or because of rain); وَتَـنَقُّلُ (while going from one place to another) لِـمَنْ  عَـلَيْْهِ  فَـزْضٌ (by the person who has to perform an obligatory prayer), خَـرَجَ  وَقْـتُهُ (when time for it has gone) أَوْ  ضَـاقَ (or is about to go out) [is also prohibited],

[10] وَصَـلاَةُ  الرَّجُـلِ (the prayer of the man), وَحْـدَهُ (praying alone) أَوْ  فِـي  جَـمَاعَـةٍ (or in congregation) مُخَالِفًا لِلإمَامِ (who is opposed to the Imām).

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Published in: Uncategorized on December 4, 2020 at 01:33  Leave a Comment  

Zakah

Zakah

by Hajj Abdalhaqq Bewley

It is well known to all of us that the there are five absolutely indispensable elements which make up Islam, all of which are absolutely essential to the practice of our deen. We find them clearly delineated in the authentic hadith reported by ‘Abdallah ibn ‘Umar,  and his father, in which he said: “I heard the Messenger of Allah Salla-l-laahsay: ‘Islam is built on five: witnessing that there is no god but Allah and that Muhammad is the Messenger of Allah, establishment of the prayer, payment of Zakah, Hajj of the House, and the fast of Ramadan.’”

We know from this, and many other Qur’anic and Prophetic references, that Zakah is an absolutely indispensable element of Islam as a whole. Salah and Zakah are explicitly coupled together in the Qur’an at least twenty-nine times and many more times in an implicit way. The phrase “aqimu’s-Salah wa atu’z-Zakah” – “establish the Salah and pay the Zakah”– is a refrain which permeates Allah’s Book from beginning to end. This has been taken by some significant mufassirun to be evidence of the fact that Salah and Zakah are in effect interdependent. What they mean by this is evidence, in a legal sense, that a person’s prayer is not acceptable unless their Zakah has been properly discharged.

The first khalifah of the Muslims, Abu Bakr as-Siddiq Radia-l-laahu anhu confirmed this interpretation by saying that he would fight anyone who made a distinction between Salah and Zakah and, indeed he carried out his threat, since this was the basic cause of the Ridda Wars which took place during his caliphate. Yet, despite this, there is no doubt that the great majority of Muslims definitely consider Salah to be much more important than Zakah.There is no doubt that many of us fail to give Zakah the prime importance it is due as the third indispensable pillar of our deen.

Although it is not our aim on this occasion to go into to the fiqh of Zakah in a detailed way, it is nevertheless important to present a comprehensive overview of the key elements involved. This will help us to begin to recognise its main characteristics and see it clearly as the essential but neglected act of ibadah it is, whose purpose is to serve as a social safety net for the most needy people in every Muslim community.

Perhaps we should first of all briefly mention Zakat-al-Fitr, if only to make it clear that this is not to be confused with the pillar of Zakah that we are talking about here. Zakat-al-Fitr is a legal obligation connected to Sawm, the pillar of fasting in Ramadan. Zakat-al-Fitr is binding on every Muslim and has its own rules and conditions, which connect to the fiqh of fasting and to the Eid. However, discharging the obligation of Zakat-al-Fitr at the end of Ramadan, which every Muslim must do, has nothing whatsoever to do with the pillar of Zakah which we are talking about here.

The payment of Zakah proper, the Zakah which is the third pillar of Islam, becomes obligatory for every Muslim provided they fulfill certain conditions. The first is Islam itself: Zakah is not paid by non-Muslims. Freedom is another condition: Zakah is not paid by slaves. The third condition is possession of the nisab. The nisab is the minimum amount of wealth on which Zakah is due. If a Muslim has less than that no Zakah is owed. A further condition is actual ownership. Zakah is only paid by Muslims on property which actually belongs to them and moreover which is in their possession at the time. Finally there is hawl: a general rule that Zakah is only paid by Muslims on wealth which has been in their possession for a year or more.

Zakah is also subject to certain other factors. As with all our acts of worship, and indeed all our actions in general, a vital element in the payment of Zakah is the niyyah – the intention behind it – which must be made by the person who pays it. They must specifically intend to be fulfilling their obligation of paying Zakah to make it valid. The time of payment is another important factor. In the same way that there is a specific time for the prayer, the fast and the hajj, there is also a correct time for paying Zakah.

Another factor which was always integral to the correct payment of Zakah is its proper collection. Traditionally Zakah has always been collected by officially appointed collectors. The important point to grasp is that, legally speaking, Zakah is not the act of individual voluntary Sadaqah it has now universally become. Another vitally important aspect of Zakah which has largely been abandoned is the matter of its correct distribution, which we will look at in more detail later. There is no doubt, however, that Zakah should basically be distributed locally since its primary purpose is to look after the needs of poor Muslims in the area in which it is paid. Only in the event of there being no eligible Muslims in the local community should it be distributed further afield.

A final factor which it is vital to grasp, if the pillar of Zakah is to be restored to its rightful place at the heart of Islam, is that only the correct elements should be used to pay it. Zakah is only payable on three types of wealth – livestock, agricultural produce and monetary wealth including trade goods – and the precise means by which it may be paid, have been clearly defined from the time of the  Prophet Salla-l-laah onwards and have been confirmed by every generation of ‘ulama since. They are: animals of a precise type and age in the case of the Zakah on livestock; grain, fruit or oil of a precise quantity and quality in the case of agricultural Zakah; and, crucially, gold or silver of a precise weight in the case of the Zakah of monetary wealth and trade goods.

The proof that it was the metal itself – actual gold and silver – rather than any particular type of currency which was required in payment of Zakah on monetary wealth, is shown by the fact that the amount owed is calculated by the precise weight of gold or silver needed to pay it; it was never calculated in purely monetary terms. As we will see, despite the current situation, whereby monetary wealth is now measured in terms of paperand electronic currencies, this requirement to pay the Zakah of monetary wealth and trade goods in actual gold or silver has not changed.

We have already mentioned the importance of the correct distribution of Zakah and this has not been left to personal choice. The people who may receive Zakah are clearly delineated in the Qur’an in ayah 60 of Surat at- Tawba the meaning of which is as follows:

Sadaqah is for the poor,

the destitute,

reconciling people’s hearts,

freeing slaves,

those in debt,

spending in the way of Allah

and travellers.

It is a legal obligation from Allah, Allah is all-Knowing, All-Wise.

The word sadaqah, as used in this ayah, has always been understood by mufassirun and ‘ulama to refer specifically to Zakah. These categories of Zakah recipients which are listed in this ayah have been defined by the scholars of Islam throughout the centuries and are clearly explained in the classical commentary which the Tafsir Jalalayn gives on this ayah. It says:

The word, sadaqah, used here means Zakah so the meaning of the ayah is: Zakah is for and must be distributed to: the poor, – who are those who do not have enough to cover their normal needs; the destitute – they are those without anything at all; those who collect it – they are those whocollect the Zakah and distribute it, and the  scribes who record it; reconciling people’s hearts – this entails, amongst other things, the use of Zakah to encourage other people to become Muslim; freeing slaves – this is by giving them what they need to purchase their freedom; those in debt – that is people who ask for help to pay debts, provided those debts have not been incurred in disobedience to Allah; spending in the Way of Allah – Zakah can be used for helping those who do not have the means to undertake jihad; and travellers – those who are prevented by lack of means from completing their journey. It is a legal obligation from Allah. Allah is All-knowing of His creation, All-Wise in what He does. It is not permitted to give Zakah to people outside these categories or to deny it to any of them if the need exists. So the ruler should divide it among them but can give more to some categories if necessary…”

It can be seen from this that the use of Zakah is very specific and that it acts as a form of safety net for the most needy members of society in any Muslim community. Zakah may not be used in any other way. For instance, people often think that Zakah can be used, under the heading “spending in the way of Allah”, for projects such as building or purchasing a mosque or Islamic centre or school, when in fact, this is not a valid use of Zakah.

We made it clear earlier that officially authorised collection of Zakah was an integral factor in its correct implementation. This was the case from the time of the Prophet Salla-l-laah onwards. He is commanded in the Qur’an, in ayah 103 of Surat at-Tawbah to: “Take sadaqah from their wealth to purify and cleanse them.” As in the previously quoted ayah about the recipients of Zakah, the word “sadaqah” in this context is universally accepted as referring to Zakah. The important point to realise is the fact that this is a command from Allah. The leader of the Muslims is ordered to take  Zakah; it is not left to the choice of the individual donor. The Prophet Salla-l-laah confirmed this in his words of instruction to Mu’adh when sending him to Yemen. He said to him: “Allah has made it obligatory for Zakah to be taken from their property and given to their poor.” Again it is clear from this that Zakah is to be taken by the Muslim authorities; its payment is not to be left to the will of the individual concerned.

This obligation for the leader of the Muslims to actually take Zakah from the Muslims is further vividly illustrated by the words and actions of the first khalifah, Abu Bakr as-Siddiq, we referred to earlier. After affirming the inseparable connection between Salah and Zakah, he declared, “If they refuse me even a hobbling rope, which they used to pay to the Messenger of Allah, may Allah bless him and grant him peace, I will fight them for it.” And, as we know, he went on to risk the very existence of the fledgling Muslim community by carrying out his threat. This shows that he considered the collection of Zakah to be an absolute duty of the political leader of the Muslim community.

It is clear, therefore, that the collection and distribution of Zakah is an integral function of Muslim governance and history shows that all the schools of fiqh have upheld this organic connection between Zakah and political authority. It was something which was taken for granted throughout all the centuries of Muslim rule up until the present time. Centrally appointed collection and distribution of Zakah is assumed in all the traditional literature on the subject and is the clear position of the four madhabs of Islam. They are all in agreement about the integral connection of Zakah to Muslim governance. For instance, Imam as-Sarakhsi, the famous Hanafi scholar, says in his book al-Mabsut: “Zakah is a right of Allah and is to be collected and distributed by the leader of the Muslims or his appointees. If anyone pays his Zakah to anyone else it does not remove from him the obligation of Zakah.” Imam Malik says in the Muwatta:

“The distribution of Zakah is up to the individual judgment of the man in charge… There is no fixed share for the collector of Zakah except as the leader of the Muslims sees fit.” Imam ash-Shafi’i says in al-Umm about the Qur’anic category, “those who collect it,” that they are those appointed by the khalifah of the Muslims to collect and distribute Zakah.And Imam Ahmad is quoted in the book Ash-sharih ar-rabbani li musnad Ahmad as saying, “The khalifah alone has the authority and responsibility to collect and distribute Zakah whether by himself or through those he appoints and he has the authority and responsibility to fight those who refuse to pay it.”

These are merely four representative examples from literally thousands of other corroborating possibilities, so it is clear that right from the time of its original prescription, the collection and distribution of Zakah was an integral and inseparable function of Muslim governance. The fact that the collection and distribution of Zakah is no longer in the hands of the political leaders of the Muslim community, means in effect that the pillar of Zakah can no longer be said to exist in the way it was prescribed by Allah in His Book and subsequently implemented by His Messenger. The payment and distribution of Zakah by isolated individuals, which is what Zakah has at best been reduced to at the present time, does not in fact properly fulfill the legal obligation of Zakah, because, as we have seen, the active involvement of established Muslim political leadership is essential if it is to be implemented correctly. Lack of this organic connection between Zakah and Muslim leadership necessarily means that the nature of Zakah has been altered beyond any recognition from its original function and practice.

Plainly said: unless it is collected and distributed according to the Shari’ah by a recognized Muslim political authority, it is, properly speaking, not really Zakah. So a first priority for us, if we really desire to see the pillar of Zakah restored to its pivotal place at the heart of Islam, must be to ensure politically effective Muslim leadership, at least at the local level of every Muslim community. Without this it is impossible for the collection and distribution of Zakah to be correctly implemented according to the Shari’ah.

Another factor which has played a major role in undermining Zakah and which has gone hand in hand with the loss of political authority we have noted, has been the change in the nature of wealth and money over the last two centuries or so. Until the end of the eighteenth century the chief measures of wealth in human society were land, and the animals and agricultural produce produced on it, and mercantile wealth, which was exclusively measured in terms of gold and silver coinage. These natural components of human prosperity are highlighted by Allah ta’ala in the Qur’an in Sura Ali ʿImran when He mentions:

…heaped-up mounds of gold and silver, and horses with markings, and livestock and fertile farmland. 3:14.

And, as we have seen, these are the very things on which Zakah, as a tax on superfluous wealth, is levied: particular types of agricultural produce, livestock, and monetary wealth, when any of these reaches the level of the nisab, in other words a level which is over and above the legitimate immediate needs of the individual concerned.

The problem is that the urban existence of the vast majority of Muslims in the world today means that Zakah on livestock and agricultural produce has basically no relevance at all to their lives. It is also the case that gold and silver have long ceased to be used as currency and this has meant that Muslims no longer recognise the need to pay Zakah on their monetary wealth and trade goods in these two metals, in spite of the fact that, as we have seen, this is the way that the Shari’ah demands that it should be paid.

The rise of the banking industry, which brought paper money into general use and has made it, in most cases, the only legal medium of exchange, has made it very difficult to measure, or even establish the monetary wealth owned by a Muslim on which Zakah must be paid. What is at issue here, where Zakah is concerned, is the relationship between gold and silver – on which, and with which, Zakah must be paid – and the paper money, and now increasingly the  electronic currencies, which today make up most people’s monetary wealth.

Although many Muslims are not aware of it, this whole matter has been much discussed by the scholars of Islam. The use of paper money, which we now take for granted and which is the only money we know, is in many ways contrary to the Shari’ah and many ‘ulama fought a strong rearguard action against its introduction into Muslim lands. One reason for this was because of the difficulties it placed in the way of Zakah and the consequent threat it posed to Islam as a whole. Although some modernist Muslims have tried to adapt and compromise the Shari’ah to make it fit in with the present economic system, the truth is, as many ‘ulama have made indisputably plain, that the deen cannot be fudged in this way. The Shari’ah on this matter is clear: Zakah on monetary wealth and trade goods may only be paid in actual gold or silver.

A number of fatwahs about this matter have been issued by Islamic scholars, including the landmark fatwa of Shaykh ‘Illish, the great Shaykh of al- Azhar of the late 19th century. A translation of the full text of this fatwa can be found in the book Zakah – The Fallen Pillar of Islam. Paper money had just been introduced for the first time as currency within the Ottoman Empire and Shaykh ‘Illish was asked whether Zakah should be paid on it or not. In summary his answer was that Zakah should not be paid on it because, unlike gold and silver on which Zakah must be paid, the paper which was acting as currency had no intrinsic value. Zakah would only be owed on it if there was sufficient weight of it for its value as scrap paper to reach the amount of the nisab on which Zakah would be payable on it as merchandise.

This makes the principle involved extremely clear: Zakah can only be paid using those means, which are clearly defined in the Book and Sunnah, namely livestock, agricultural produce and actual gold and silver. Unlike paper money, these are all things which have value in themselves as commodities. If you deface a gold coin it is still worth its weight in gold, whereas if you deface a hundred Pula note it is worth virtually nothing at all.

 It might be said, going strictly by this understanding, that no Zakah is owed on wealth held in bank accounts and other modern forms of saving and investment because no actual gold or silver is involved. However, going by the fact that the original intention of paper money was to represent particular amounts of gold and silver, it has been argued that, for Zakah purposes, monetary wealth held in these forms should be valued in terms of the amount of gold or silver that can be bought with it. If this amount exceeds the nisab, Zakah is owed. Certainly, if Zakah is to be paid at all in the present circumstances, and this is something which must be done both to re-establish Allah’s deen in its entirety and to look after the needs of millions of Muslims who are legally entitled to it, then this is the position which needs to be adopted by Muslims everywhere. What must be emphasised, however, is that this in no way removes the obligation for Muslims to pay Zakah in the actual gold or silver categorically demanded by the Shari’ah.

Since the Zakah on monetary wealth has to be paid in gold or silver, it is essential to know exactly what amount of gold and silver constitutes the nisab, the minimum amount on which Zakah is owed. The nisab in the case of gold is 20 dinars by weight and in the case of silver it is 200 dirhams by weight, so we need to know the exact weight of both the dinar and the dirham to find out whether or not we owe Zakah and if we do, how much we have to pay.

Both dinars and dirhams are mentioned in the Qur’an and were in use during the lifetime of the Prophet Salla-l-laah. The exact weight and purity of those coins were carefully recorded at the time and have been passed down through the centuries. The dinar weighed 72 grains of pure gold whose equivalent in modern terms is 4.25 grams. The modern equivalent of the dirham is 3 grams of silver. On this basis, as far as Zakah is concerned, the nisab for gold is 4.25 x 20 which works out at 85 grams, and for silver 3 x 200 which comes to 600 grams. The exact value of these amounts of gold and silver in whatever currency is in use in the place where a person’s Zakah is being assessed, will, of course, depend on their market value at the time and will need to be calculated at the time and place that the Zakah is being assessed.

In the modern context gold dinars and silver dirhams, conforming exactly to the traditional dimensions, were minted in 1992 by Muslim communities in both Britain and Spain and since then have also been produced in considerable quantities in Indonesia, South Africa, Malaysia and Dubai. This has resulted in their availability for the payment of Zakah in various places throughout the world. However, because it is the actual weight of gold and silver which are the vital factor where Zakah is concerned, there is no reason why Krugerrands or gold sovereigns or indeed any other form of gold and silver should not also be used to pay Zakah, provided of course they are of the right weight and purity. The important points, which must again be stressed, are that firstly, according to the Shari’ah, the Zakah owed on monetary wealth may only be paid in actual gold and silver and secondly that there is in fact no difficulty in obtaining the gold and silver necessary to accomplish this.

In conclusion we have seen that a combination of factors – namely thefact that Zakah is no longer collected and distributed under Muslim political authority and the fact that there has been a total change in the nature of wealth in recent times – has meant that Zakah, the pivotal third pillar of the deen, has, to all intents and purposes, ceased to exist in anything like its original form and is certainly not being implemented in the way demanded by all sound Muslim legal authorities throughout Islamic history.At best it has now been left to individual choice and relegated to the realms of private sadaqah, which is very different from the pillar of Zakah commanded by Allah and instituted by His Messenger, and the rightly guided khalifahs who succeeded him,  ajma‘in.

This being the case it is clearly the duty of all Muslims to do everything within their power to put this right and restore the pillar of Zakah to its rightful place as one of the essential mainstays of Islam. As we have seen, to make this possible certain steps need to be taken, which can be summarised under four main headings.

POLITICAL LEADERSHIP: – As we have seen, recognised and active political leadership within each Muslim community is absolutely indispensable for the correct collection and distribution of Zakah. Therefore, we should either appoint new leaders from amongst ourselves who we then empower to organise the proper implementation of the pillar of Zakah, or we should approach and empower existing leadership to take it on.

ASSESSMENT & COLLECTION: – One of the first tasks of such leadership will be to appoint Zakah assessors and collectors. Not only will they have to be trustworthy and discrete, but they will also have to have the requisite knowledge of the fiqh of Zakah needed to calculate a person’s Zakah in the present situation and be able to deal with any special circumstances. So even if they are well versed in the traditional fiqh of Zakah they will also need to be clear on how to address the many new matters that the current financial system has thrown up.

GOLD AND SILVER COINAGE: – As we have seen access to gold and silvercoinage is essential for the correct payment of Zakah. Dinars and dirhams of the correct weight and purity of gold and silver are now available from a number of sources. As well as this other types of gold and silver coinage can also be easily obtained. It will be necessary to value cash and other assets in terms of the amount of gold or silver they can buy at that moment in that particular geographic location so that the exact weight of the metal concerned owed as Zakah can be correctly calculated. It must also be said that although Zakah must be collected and distributed in gold or silver, there is no harm in that gold or silver subsequently being exchanged for other forms of currency if that would make it easier for recipients. It is, however, hoped that within a reasonably short period of time the use of gold and silver coinage by traders and shopkeepers will become more and more commonplace so that such exchanges will cease to be necessary.

DISTRIBUTION: – The matter of the distribution of Zakah must be taken very seriously. Collected Zakah should be given as soon as possible to identified recipients within the Qur’anically defined eight categories. The leader of the community will have to liaise with the collectors and others, firstly to prioritise the categories of people entitled to receive Zakah in their particular location and secondly to decide how much each individual should be given.

I would like to finish by saying that what we have been talking about here is not just a theoretical possibility, some pie in the sky idea, some unrealisable dream about how things might be. This method of collecting and distributing Zakah in gold and silver, according to the original model first demonstrated for us by the Prophet Salla-l-laah and continued down through the centuries of Islam until comparatively recent times, has already been reactivated without difficulty in a number of Muslim communities throughout the world. It is in fact easy to do this and requires nothing more than the will to make it happen. And what greater incentive for us could there be than the words of our beloved Prophet Salla-l-laah himself, who told us: “Anyone who revives an aspect of my Sunnah that is forgotten after my death, will have a reward equivalent to that of all the people who follow him, without that diminishing their reward in any way.” (At-Tirmidhi) He also said, on the same lines: “Anyone who revives my Sunnah in the time of corruption will receive the reward of a hundred shuhada.” (al-Baihaqi) And in this case Fard and Sunnah combine together because we are talking about the re-establishment of Zakah, one of the fundamental obligations of our deen, and Allah ta’ala assures us on the tongue of His Messenger Salla-l-laah in a famous hadith qudsi: “My slave draws nearer to Me by nothing I love more than what I have made obligatory for him.” What more could we want; what greater reward could there be? Therefore we ask Allah, tabaraka wa ta’ala, to give us success in re-establishing the third pillar of His deen, Zakah, in the way He has prescribed it for us in His Book and the way it was implemented by His Messenger Salla-l-laah and those who have followed him down through the ages and that by doing that we may earn a great reward from Him and contribute significantly to the victory of Islam in our time.

Published in: Uncategorized on December 3, 2020 at 00:56  Leave a Comment  

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Three: On the Purity of Water, Clothing and the Place of Prayer and What Can be Worn When Doing Prayer

Risālah ibn Abī Zayd al-Qayrawaanī

The Risālah : A Treatise on Mālikī Fiqh by ʿAbdullah ibn Abī Zayd al-Qayrawānī (310/922 -386/996)

Translated by Alhaj Bello Mohammad Daura, MA (London) (Including commentary from ath-Thamr ad-Dani by al-Azhari)

Chapter Three: On the Purity of Water, Clothing and the Place of Prayer and What Can be Worn When Doing Prayer

3.1 Purity of Water

3.1a. Obligation of Purity

When you do the prayer you are talking to your Lord. You must therefore prepare yourself for this by doing wudu’ or ghusl if a ghusl is necessary.

[Purity in the Shari’ah is a legal state which becomes obligatory in order to make the prayer permissible. The one who prays speaks intimately with his Lord. According to the hadith which Malik relates in the Muwaṭṭa, he must prepare for the prayer. The text of the Muwaṭṭa is that the Messenger of Allah came out to his Companions while they were praying and their voices were raised in the recitation. He said, “When you pray, you are speaking confidentially to your Lord. So look to what you confide to Him, and do not say the Qur’an outloud so thatothers hear it.” He must prepare for that conversation by having an attentive heart and humility, and must stand with respect before Him, seeking His protection. When he lacks that, he does not speak to Him and the term “conversation” is not valid for him. Nonetheless, it is true that he prays and must adopt the means for that by being pure of minor and major impurities.]

3.1b. Pure Unchanged Water

This must be done using pure water which is uncontaminated by any impurity.

[Purification from impurities is achieved by pure water, i.e that which is not mixed with what changes any of its three qualities: colour, taste or smell, whether that change in its attributes is due to something either pure or impure. Thus if it is changed by rose water, it is not valid to use it for things like wudū and ghusl.]

3.1c. Change in Colour of Water by Contact with Earth

You cannot use water whose colour has been changed by something mixed in with it whether that thing is pure or impure unless the change of colour has been caused by something in the earth where the water is from such as salt deposits or mud or similar things. [It is a precondition that the water used for things like wudu’ and ghusl has not been changed in its attributes by what is usually separate from it, except for earthwith which it is in direct contact and to which it clings as when it lies in salty earth, sulphurous earth or fetid mud.]

3.1d. Rain Water

Any water coming from the sky or from springs or wells or the sea is all good, pure and purifies impurities.

[These waters which originate from the sky are all pure in themselves and good for any use whatsoever, whether drinking or such things or acts of worship, like wudū’, ghusl and removing impurities as long as the water remains in its original state and is unchanged any anything which is is normally separate from it.]

3. 1e. Change in Colour of Water

If the colour of the water has been changed by something pure which has got into it, it remains pure but cannot be used for purification either in wudu’ or ghusl or for removing impurities.

[Meaning that water whose colour has been changed with something pure, like water from pasta, is pure in itself but does not purify something else, and so it is not used for wudu’ or other things like ghusl.]

3.1f. Change of Water Through Impurity

Water that has been changed by something impure getting into it is not pure and cannot be used for purification purposes.

[Water which has been changed through impurity, whether in colour, taste or smell, and whether the water is little or a lot, it has substance or not, is no longer pure or purifying. It is not used either for normal things or for acts of worship.]

3.1.g A Small Amount of Impurity

A small amount of impurity makes a small amount of water impure even if there is no change in the water.

[If an impurity falls into small amount of water, like the water prepared for wudū’ or ghusl, even if it is something small and the impurity does not change it, it is not permitted to use it. The most famous position is that is pure, but it is disliked to use it when other water exists, provided that it has not been altered. If it has been been changed, its purity absolutely no longer exists.] [Ibn Juzayy states that if there is a lot of water and it is not changed, then it remains pure. There is no specific definition of “a lot” in the Māliki School.]

3.2 Amount of Water Used

3.2a. Using a Small Amount of Water

It is sunna to use a small amount of water when washing provided you do it thoroughly. Using an excessive amount is extremism and innovation.

[A small amount of water should be used as long as washing is done properly. Pouring while rubbing is recommended, i.e. an desirable aspect in the deen. Using a lot of it, pouring it while using it is excess, i.e. increase in the deen and innovation, i.e. something innovated which is contrary to the Sunnah and the Path of the Salaf.]

3.2b. The amount used by the Prophet

The Messenger of Allah, may Allah bless him and grant him peace, did wudū’ with one mudd of water which is equivalent to (1 1/3 ratls) and he did ghusl with one sa’a which is four mudds measuring by his mudd, may Allah bless him and grant him peace.

[He points out that it is established in the sunna that the Messenger of Allah did wudū’ using a mudd, which is 1 1/3 ratls and he did ghusl with a sa’ which is four mudds. So altogether it is 5 1/3 ratls. His aim is to inform us of the the excellence of economy and abandoning profigality and the amount which was enough for the Prophet .]

3.3 Purity of the Place and Clothing

3.3a Purity of Place

It is obligatory for the place where you are going to do the prayer to be pure.

[The purity of the place where the limbs of the one praying will touch is obligatory for the sake of the prayer, i.e. its purity for the sake of the prayer. Purity for other things, like dhikr is recommended.]

3.3b. Purity of Clothing

Your clothing must also be pure. It is said by some that the nature of the obligation referred to here is that of an absolute obligation (fard) and by others that it has the obligation of a confirmed sunnah (sunna ma’akkadah).

[The purity of the garment of the one praying is obligatory provided it is remembered and he has the ability to achieve that. If someone intentionally prays in an impure garment when he is able to remove it, he must always repeat that prayer. If he prays in such a state out of forgetfulness or is unable is remove it, he repeats it if it is still within the time of the prayer. The time of Dhuhr extends until the yellowing of the sky, and Maghrib and ‘Isha’ extend through the entire night. It is said that it is sunnah to remove the impurity, and both positions are known and acceptable. Based on the position that it is sunnah, it is repeated at the time absolutely, whether that was intentional, or he was able to remove it, or out of forgetfulness or ignorance.]

3.3c. Places where it is forbidden to pray:

You should not do the prayer in the following places:

3.3c1. Camel Places

in places where camels congregrate,

[It is disliked to pray in places where camels are kept when they come from water, even if it is safe from impurity and even if something pure is spread out and is prayed on it because the Prophet did not say that the reason was impurity so that it would be negated if it was negated.]

3.3c2. The Middle of the Road

or in the middle of the road,

[It is disliked to pray in the middle of the road where you are unsure whether the ordure of animals and urine will get on you. If you do pray there, it is recommended that you repeat it within the time. When someone prays there because the mosque is too crowded or he spreads something pure and prays on it or he is certain that it is pure, then there is no dislike.]

3.3c3. On top of the Ka’ba

or on top of the Kaʿbah,

[It is prohibited to pray on top on the Kaʿbah, based on the fact that it is necessary to face its building. The one who is above it cannot face the building. So if he prays an obligatory prayer on top of it, he must always repeat it because what is important is to face it.]

3.3c4. Public Baths

or in public baths, a place which you are not certain whether it is pure or not,

[It is disliked to pray in the baths. The reason for the dislike is the likelihood of impurity. If he is certain of its purity, then the dislike is negated and the prayer is permitted.]

3.3c5. Rubbish Dumps

or on a rubbish heap

[It is disliked to pray at a place where rubbish is thrown since one is not safe from impurity. If he is safe from impurity, then it is not disliked.]

3.3c6. Slaughterhouses

or in a slaughter house,

[It is disliked to pray in a place where animals are slaughtered if he is not safe from impurity. Otherwise, it is not disliked.]

3.3c7. Graveyards

or in the graveyards

[When the graveyard is a Muslim one, and there are no disinterred parts of the dead in the place of prayer, then it is permitted to pray there. If there are any parts of those buried in the place of prayer, then the judgement of the prayer there depends on the disagreement about and whether the human being becomes impure by death or not. If the dead person is not impure, and the person prays there deliberately, then it is disliked to pray there since there is uncertainty or certainty that there are parts of the dead person which would involve humiliation or walking on the grave. As for the prayer, it is not disliked initself. Ibn Habīb disliked praying in the graveyards of the unbelievers because they are pits of the Fire, but if someone prays in them and is safe from impurity, his prayeris not invalid, even if he is not actually safe from praying on impurity.]

3.3c8. Non-Muslim Places of Worship

and places of worship of non-Muslims.

[This designates churches, synagogues and fire temples of the Magians. Imam Mālik disliked praying in them because of impurity from their feet, i.e. that is the custom in them. The dislike is inasmuch as he prays in it by choice, not when is compelled to that. Otherwise there is no dislike. There is no difference between the ruined or inhabited place.]

3.3d. Minimum Clothing in the Prayer for a Man

The least clothing a man can do the prayer in is something which covershis ‘awra (everything between his navel and his knees) such as a long shirt or a piece of cloth he can wrap round him.

[This minimum of what does not involve sin and is adequate for what is desiredof the one who prays is a garment is that which covers the private parts, be it a long shirt, cloak or trousers. A precondition for the cloak is that it is thick and not thin or transparent, i.e the private parts should not be outlined or encompassed. If it is like that, it is disliked as long as the definition is not due to wind. Otherwise not. If it is transparent, then sometimes the private parts might appear through it without thinking about and then the prayer would be invalid. Sometimes it only appears by thinking about it, and it is judgement is like the person whose is doing something disliked and the prayer is valid.]

3.3e. Uncovered Shoulders

However, it is disliked to do the prayer wearing something that does not cover the shoulders, but if this does happen the prayer need not be repeated.

[It is disliked for a man to pray in a garment which leaves his shoulders completely uncovered when something else is available. If he prays and his shoulder-blades show when he is able to cover them, he does not have to repeat the prayer either in the time or after it.]

3.4. Women’s Dress and Prostration

3.4a. A Woman’s Minimum Dress

The least clothing a woman can do the prayer in is a thick full-length garment covering her whole body including the top of the feet and something covering her head.

[The minimum of adequate clothing for a free adult women in the prayer consists of two things: one is a thick or ample full-length garment which does not define the figure nor is transparent. This is either hasif, which means thick, or khasif, which a full complete covering which covers the top of the feet. It also means what does not define figure nor is transparent because what he means by the minimum is that the prayer is that with which the prayer does not have to repeated in the time or outside of it. The second item is a head-covering which covers her hair and her neck. Part of its precondition is that it is thick. In short, the fiqh is it is obliged for a woman to cover all her body in the prayer, even the soles of her feet based on the statement of Mālik, “It is not permitted for a woman to show anything in the prayer except her face and palms.”]

3.4b. A Woman’s Prostration

A woman should touch the ground with the palms of her hands in sujūd just as a man does.

[The woman touches the earth with her palms in prostration. It is mentioned here here because it might be imagined from his words about covering the top and soles of her feet that she covers her palms because each of them are part of the person who prays who is obliged to cover the entire body. Therefore this idea which is mentioned here must be eliminated.

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Two: What Necessitates Wudū’ and Ghusl

Risālah ibn Abī Zayd al-Qayrawaanī

The Risālah : A Treatise on Mālikī Fiqh by ʿAbdullah ibn Abī Zayd al-Qayrawānī (310/922 -386/996) 

Translated by Alhaj Bello Mohammad Daura of Nigeria, MA (London) (Including commentary from ath-Thamr ad-Dānī by al-Azharī)

Chapter Two: What Necessitates Wudu‘ and Ghusl

[This chapter deals with those things which render necessary wudū‘ and ghusl. Wudu’ designates the action and wadu’ designates the water. Linguistically, it means cleanliness and excellence, and in the Sharīʿah it means to purify certain parts of the body with water to make them clean and to remove the judgement of ‘minor impurity” (ḥadath) from them to permit acts of worship which are forbidden by lack of purity. Qadi Ibn al-ʿArabi says that there is known dispute about whether ghasl means the action and ghusl the water. However, in adh-Dhakira, ghusl designates the action and ghusl the water. This is the most common position.

The obligation of wudū‘ and ghusl [Evidence for the obligatory nature of wudū‘ and ghusl is found in the Qur’an and Sunnah and consensus. The Almighty says, “O you who believe! When you you get up intending to do the prayer, wash your faces” (5:6) and “Do not approach the prayer when you are drunk until you know what you are saying, nor in a state of major impurity – unless you are travelling – until you have washed yourselves completely.” (4:43) The Messenger of Allah said, “Allah does not accept the prayer of anyone in a state of impurity until he does wudū‘. ” There is no disagreement between the Imams that it is obligatory.]

2.1 Wudū

2.1a. Preconditions for wudū‘:

[There are certain preconditions for the validity of wudū‘:

1. Islam

2. Adulthood

3. Sanity

4. Absence of menstrual blood or bleeding after childbirth

5. The arrival of the time of the prayer,

6. That the legally responsible person is not forgetful, asleep or insensible

7. The existence of adequate water to perform it

8. The possibility of doing it with due care to achieve what is desired, which may preclude the sick and the person who is compelled.]

2.1b. What Makes Wudu‘ Necessary

[Two things oblige wudu‘: ritual impurity and certain causes. [Khalīl says three ritual impurity is what breaks wudu’ in itself, like urine, and causes are things which do not break wudu’ in themselves but leads to ritual impurity, like loss of sanity, touching someone with desire and touching the penis. [Ibn Juzayy states that apostasy also breaks wudu‘.]]

2.1c. The Nature of the Obligation

[The duty of wudū‘ is a one of an obligatory nature, not merely an obligation inasmuch as it is sunna and thus strongly recommended.]

2.1d Urination and Defecation in a Normal Manner

[Wudū‘ must be done when something emerges from one of the two normal passages, the urethra and the anus, in a normal manner. It is limited to what is normal which excludes anything which emerges abnormally, like pebbles and worms. They do not break wudū‘, even if he passes some urine and faeces. Urine and faeces must emerge in a normal manner. So if it emerges for a specific reason, like incontinence in most cases, which is when he does it constantly, most of the time or half of the time, then it does not break wudu’. In the first case, wudū‘ is neither obligatory or recommended. In the last two cases it is recommended unless that is difficult for him.

The ‘passages’ are limited to what emerges normally, which precludes what emerges other than urine and faeces, like blood as a result of leeches and cupping, vomit which is changed from food, and impurity which emerges from a split under the intestines which is not due to the passages being blocked. When the two passages are blocked and the split is located under the intestines, then it is considered as a normal orifice.]

2.2 Things Which Break Wudū

2.2a. Excreta Which Oblige Wudū’

You have to do wudū‘ after urinating or defecating or passing wind.

[This clarifies what excreta which make wudū‘ necessary: urine from the front orifice and faeces from the rear orifice and passing wind, which designates wind which emerges from the anus, whether or not with a sound. As for wind which emerges from the penis or vagina, it does not require wudū‘ since it is not considered as one of things which break wudū‘.]

2.2b Other Fluids Which Require Wudū‘: Madh-yu

You have to do wudū‘ when the liquid known as madh-yu comes out of the penis, in which case it is necessary to wash to the whole penis as well. Madh-yu is a thin, white liquid which comes out at times of sexual excitement when the penis is erect, either during sexual foreplay or when thinking about it.

[ Wudū‘ is obliged when madhy emerges from the penis. It is also obligatory towash the entire penis with an intention before doing wudū‘. Wudū‘ is specified and using stones in not enough.]

2.2c.Wad-yu

Wad-yu is a thick white liquid which comes out usually after urinating and carries the same judgement regarding cleaning the penis as urine.

[Wad-yu is dense and usually comes out after urination. It may come out on its own or during urination. It makes wudū‘ necessary and it must be completely removed. He should lightly squeeze the place and wash only its place.]

2.2d. Sperm (Maniy-yu)

Sperm – maniy-yu – is the white liquid ejaculated at orgasm during sexual intercourse which smells similar to the pollen of the date-palm.

[The emission of sperm is one of things which obliges ghusl, not wudū‘. The author mentioned it here among the things which oblige wudū‘ as a digression since it does oblige wudu’ in certain cases. It is what issues with pleasure which is not usual, although it is mentioned among the things which oblige ghusl. Here he mentioned the fluids which flow from the front orifice, and maniy is one of them. It is ejaculated in spurts and has a particular odour.]

2. 2e. Women’s Discharge and Menstruation

The liquid which comes from a woman is a thin yellow fluid and necessitates purification, that is purification of the whole body as is the case after menstruation.

[A woman’s liquid which she discharges, which is her maniy, is described as being thin and yellowish when it normally emerges and in health, not on account of illness or incontinence. Ghusl is obliged on account of it. It is not a precondition that it emerge outside. It is based on the sensation, and so the mere sensation obliges her to purify herself, as she is obliged to do when menstruation ends.]

2.2f. False Menstruation

In the case of bleeding which continues beyond the normal period of menstruation (istihādah), only wudu’ is necessary, although in such circumstances it is recommended for a woman to repeat wudū‘ for every prayer.

[The blood of false menstruation is blood which flows outside the days of menstruation and lochia, issuing from a vein which is in the lower part of the uterus. The judgement in such a case is that wudū‘ is obligatory when it stops more than it comes. When it comes more than it stops or the two are equal, then she is not obliged to do wudū‘.]

[ Menstruation according to Khalīl. The normal age of menstruation is considered from the age of adolescence to the age of 50. The individual is consulted from the age of 9 to puberty and from 50 to 70. It can be red, yellow or brown. The minimum is one gush and its maximum is fifteen days. The minimum of purity is fifteen days and it has no maximum. And the maximum length of menstruation for someone with normal periods (even if she has only had one period) is fifteendays. There are three days of using precaution (i.e. above and beyond) her normal maximum. (i.e. if she normally menstruates five days and then menstruates after that and it does not stop after the full five days, she adds three days to it. If it does not stop after that, it is false menstruation.

But if her normal period is 15 days, she does not use precaution at all.) This is as long as it does not exceed half a month. (If it is 14, she uses one, and if 13, she uses 2.) Then she is pure (to fast, prayer and have intercourse even if the blood is flowing, because it is false menstruation and not menstruation.)

The maximum length of menstruation of a pregnant woman after three months (up until five months) is half a month and five days (i.e. twenty days). When she starts the sixth month, it is twenty days and the like (i.e. ten with the twenty and so the maximum is thirty days). Is the judgement of the woman whose has a period before three months the same as the judgement of a woman whose period comes after it ( after three months), or is she like the one with a regular period? There are two statements. If purity is stopped by blood before it is completely finished, even by a hour, she adds only the days of bleeding (i.e. rather than the days it stopped, and it cancels it when it is less than half a month. There must be 15 twenty-four days of continuous purity free of blood by agreement.

Then, after patches and continuous blood, it is false menstruation, not menstruation. So she does ghusl for the end of menstruation. The one who has bleeding patches does the ghusl whenever the blood stops in the patched days unless she thinks that the blood will return before the time she is in finishes. In such a case she is not commanded to do ghusl. She fasts (if it stops at Fajr or before) and prays and has intercourse after ghusl according to the known position as opposed to the author of the Irshād who says that intercourse is not permitted. She can pray in all the days of menstruation when the period comes to her at night and then stops before Fajr. So she might not miss a prayer or a fast.

Blood which is distinct (from false menstrual blood by the change of smell, colour or fineness or thickness) after (the full 15 days of ) purity is menstruation (and prevents prayer and the like). If it is not distinct from false menstruation in any way, it is false menstruation, even if it goes on a long time. It is like that for what is distinct before the end of purity. One does not pay attention to the distinction. If the blood is distinct from the blood of false menstruation by anything above and is judged to be menstruation and it continues until her normal time is complete and more, is changes from the quality of the blood of menstruation to that of false menstuation. So she does not use caution beyond her normal days, but does ghusl by the simple completion of her normal days according to the soundest version (from Mālik and Ibn al-Majishun.)

Purity from menstruation is known by the dryness (of the private parts) from blood, yellowness and brownness when she inserts a bit of cotton, for instance, and brings it out without seeing anything on it. Or it is by a white liquid which issues from the private parts after the end of menstruation. This liquid is more conclusive of the end of menstruation than dryness for the one who usually has it. If she sees the liquid before dryness, it is recommended that she do ghusl at the end of the preferred time [for the prayer]. There is some discussion about the sign of purity of the one whose has her first period. [Al-Bāji says that she is only pure by dryness which she sees, even if the time for the prayer goes by.]

The woman with a period does not have to look for her purity before Fajr. (Indeed, it is disliked because it is not something which the Salaf did.) She should look when she goes to sleep to see whether she can catch Maghrib and ʿIshā‘ and fast. She should look at the beginning of Subh and the other five prayers (allowing time for ghusl).

Menstruation prevents the validity of prayer and fasting and their obligation and divorce (which is prohibited, but is binding if it takes place.) It prevents the start of ʿiddah, which begins with purity. It prevents intercourse or touching under the waist-wrapper (from the waist to knees), even after the end of the period before the ghusl. Tayammum makes the prayer permitted, but does not remove the impurity. It prevents entering the mosque, so there is no iʿtikaf or tawāf. It prevents touching a copy of the Qur’an (except for a teacher or student who has a dispensation) and recitation]

2.2g. Incontinence of Urine

This is also the case for incontinence (salas) of urine.

[It is recommended for someone with incontinence to do wudū‘ for every prayer and for his wudū‘ to be directly before the prayer. There is no special judgement for incontinence of urine. It is a general judgement for everyone with some form of incontinence, be it urine, wind, or maniy-yu. All are the same in that they do do not break wudū‘ by what emerges from them and it constant, even if it is only half the time when he is unable to remove it by medical treatment or marriage. If someone is able to stop it, then it breaks his wudū‘, he is excused for the period of treatment in that it does not break it.]

2.2h. Loss of Consciousness: Deep Sleep

You have to do wudu’ after loss of consciousness caused by either deep sleep,

[Loss of consciousness is one of the reasons which lead to ritual impurity and obliges wudū‘ after it passes. The loss of intellect is when it is completely absent. When it departs completely, as in sleep or fainting, and then is restored to him, the judgement is that wudū‘ is obligatory. A deep sleep, whether long or short, breaks wudū‘ absolutely. A deep sleep that in which the sleeper is not aware of what he or someone else does. What is understood from the word “deep” is that the dozing in which the person is aware of the slightest thing definitely does not break wudū‘, be that short or long based on what is in Muslim, “The Companions of the Messenger of Allah used to sleep and then pray without doing wudū‘.” Nonetheless, it is recommended to do wudū‘ after a long light sleep.]

2.2i. Fainting

or fainting,

[Mālik said that someone who faints has to do wudu’. Fainting is is an illness in the head.]

2.2j. Drunkenness

or intoxication

[The one who loses his senses through drunkenness must do wudū‘. It makes no difference whether he becomes intoxicated by something lawful or unlawful, as when he drinks milk thinking that it is not intoxicating and it intoxicates him.]

2.2k. Insanity

or a bout of madness.

[This even more clearly breaks wudu’ because it removes the senses. It is not in itself a reason for it. Wudu‘ is obliged on account of insanity, intoxication and fainting because it is is obliged by sleep which is less severe than it because it removes a little awareness, and these cause that loss of intellect even more so and so it is more likely that it be obligatory on account of them. That is why there is no difference between long or short, deep or light. They judge that legal responsibility is removed with them which is not the case with sleep. The sleeper is responsible, even if he incurs no wrong action. This discussion concerns about of madness which ends. The one for whom insanity is complete and without end owes nothing.]

2.2l. Wudū‘ on Account Touching a Person

Wudū‘ is also necessary when you touch someone to gain sexual pleasure or have bodily contact with them for the same reason

[One of the causes which results in ritual impurity is touching which is less than intercourse as the Companions, Tabiʿūn, Mālik and his companions have explained it.The Almighty says, “Or if you have touched women.” (4:43) ʿAlī and Ibn ʿAbbās, however, explain this ‘touching’ as referring to intercourse, and say that His words “Or you have touched women” means to have intercourse with them.

Specifying ‘pleasure’ tells us is that if the toucher intends pleasure, he must do wudu’ simply by touching whether or not there is pleasure. So that is even more so if he touches and experiences it. If he did not intend pleasure, but intended totouch to find out whether the body was hard or not, and then experiences pleasure, he must do wudū‘ because of the existence of pleasure, even though it did not come from intention. So the obligation of wudū‘ hinges on intention, even if there was no feeling while touching. If the feeling occurs after touching, then it is like pleasure arising from thinking for which nothing is obliged. If he does not intend pleasure and does not feel it, he does not have to do anything. This is thethe judgement for touching.

As for anyone who is touched, if they are adult and experience pleasure, they must do wudu‘. Otherwise, they do not have to do anything if they did not intend pleasure. Otherwise the judgement regarding the person who is touched is the same as the one who touches.]

2.2m. Wudu’ on Account of Kissing

or for kissing them for sexual pleasure.

[It is clear from his words that kissing is general, whether on the mouth or elsewhere with the intention or arousal. That is not the case. The accepted position is that the kiss on the mouth generally breaks wudū‘ whether or not there is intention and arousal because it is a probable cause of pleasure unless other places give rise to pleasure. [Khalīl says that if it is to bid farewell or out of mercy, as when there is some misfortune, it does not break wudū. Looking at someone, even with pleasure, does not break wudū‘.]

2.2n. Touching the Human Genitals

A man must do wudū‘ if he touches his penis.

[One of the things which lead to ritual impurity is touching the penis because it says in the Muwaṭṭa and elsewhere that the Prophet said, “When one of you touches his penis, he should do wudū‘.” The touching referred to is with the palm or the inside or sides of the fingers. He only mentioned touching one’s own penis. As for the penis of someone else, it follows the judgement regarding touching with respect to intention or arousal. The penis must be connected to the body. As for that which is separate from the body, it does not break wudū‘ when it is touched.

When dealing with the eunuch, one considers the shape or lack it. If there is a shape, then touching it breaks wudū. If it does not have a shape, then one takes into consideration the judgement given to it. If masculinity is adjudged for him, it breaks wudū‘ and otherwise it does not.

There are different considerations regarding touching it through a barrier. If it is thick, that does not break wudū‘ in one position, If it is light, then the most accepted position is that it does break it. Touching the anus or the testicles does not break wudū‘ in the accepted position.]

2.2o. A Woman Touching Her Vagina

But there is difference of opinion about whether a woman has to do wudu’ if she touches her vagina.

[The position of the Mudawwana is that it does not break wudu’ based on what is on the hadith, “When one of you touches his penis, he should do wudū‘.” The position is based on the fact that that is what is understood by the word and when something is understood, a concealed meaning is not considered. The one who says that it does break wudu’ bases it on the hadīth which says, “If someone’s hand touches his private parts he should do wudū‘” because ‘private parts’ and can be applied to the penis or the vagina. Some of them say that wudu’ is not broken it if she touches the outside of it, but it is broken if she presses it or puts her hand inside the labia.]

2.2p. Further Note

[Ibn Juzayy: Things that break wudū‘ in other schools, but not in the Mālikī school are: vomiting, belching, nosebleeds or other bleeding, cupping, the emission of pus, laughing in the prayer (Abū Hanīfa), eating camel meat, eating cooked food, carrying the dead person, slaughtering animals. None of these break wudū‘.

] [Khalīl: It is recommended to wash out the mouth after eating meat or drinking milk.]

2.3 Ghusl (Full Ablution)

2.3a. Ghusl Because of Emission of Sperm

You have to do ghusl when, as has already been mentioned, sperm (maniy-yu) is ejaculated accompanied by sexual pleasure either during sleep or when awake whether from a man or woman.

[One of the things which oblige ghusl is the emission of sperm with normal pleasure, whether while asleep or awake, or man or woman. It is not a precondition for the obligation of ghusl that it emerge with pleasure when it actually takes place. Ghusl is obliged simply by its emerging after pleasure has departed, as when he has pleasure without intercourse and then sperm emerges from him after the pleasure is over.]

2.3b. At the End of Menstruation and Lochia

Ghusl is also necessary at the end of bleeding from menstruation.

[It is more precise to say ‘the blood of menstruation’ because it is more general than simply saying ‘menstrual period’ since that specifically designates that which is preceded by purity and followed by purity. The beginning or end of the blood which emerges is not called ‘a menstrual period’. In the Sharīʿah, the blood of menstruation is that which emerges on its own from the vagina which normally does not exceed 15 days and it emerges without being caused by illness or childbirth. Blood which emerges not by some cause, or which emerges from the anus, or emerges from a child of seven or a woman of 70, or which exceeds 15 days, or which emerges because of illness, or because of childbirth is not menstruation so that its judgements apply to it.]

2.3c. False Menstruation or Menorrhagia

Ghusl is necessary when abnormal bleeding (istihādah) stops

[Then the cessation of the blood of false menstruation was made a cause which obliges ghusl. Mālik’s final position was that ghusl was recommended. He first said that she does not have a ghusl. None of the people of the school say that it is obligatory except for al-Bājī if one takes his transmission literally.]

2.3d. Lochia

Ghusl is necessary at the end of the period of bleeding which follows childbirth (nifas).

[Lochia is one of the causes which makes ghusl obligatory. Lochia (nifas) linguistically means childbirth, whether there is blood with it or not. It designates the blood itself which emerges from the vagina because of childbirth. In the usage of the people of Sharī’ah it designates the blood which emerges from the vagina because of childbirth in a healthy and normal way. The blood which emerges from other than the vagina is not nifas. That which emerges not on account of of childbirth is not considered nifās. That which does not emerge in a healthy manner is not nifās. That would normally be bleeding which occurs is after the period of nifās, which is 60 days.]

2.3e. Penetration of the Vagina

Ghusl must also be done if the head of the penis penetrates the vagina even if no ejaculation takes place.

[One of the things which obliges ghusl is the penetration of the penis of the adult into the vagina, even if there is no ejaculation, whether it is human or animal, or into the anus, wherther female or male, whether or not there is emission, and whether or not there is a covering over it, but that is provided that the barrier is light so that pleasure can be felt with it. As for the thick barrier, ghusl is not obliged with it unless there is ejaculation. Then there is ghusl because of ejaculation, not because of the disappearance of the penis. The basis for that is what is in the Muwatta’ and Muslim from the words of the Prophet , “When he sits between her arms and legs and then presses her, he is obliged to do ghusl. This hadith is abrogated by what Muslim related from the words of the Prophet, “When you are too quick or there is no ejaculation, there is no ghusl,”and by what was related from his words, “Water is needed on account of water [semen].”]

2.4 Legal Consequences of Vaginal Penetration

2.4a. Ghusl is Obligatory

This penetration of the vagina by the head of the penis necessitates ghusl.

2.4b. Legal Consequences in Case of Fornication

It necessitates the hadd punishment (for zinā’u) and the payment of the dowry and gives the married couples the status of being muhsan and makes a woman who has gone through a triple divorce halal for her original husband and invalidates hajj and fasting.

[It obliges the hadd punishment for fornication and obliges the payment of the dower in full because the contract on its own demands half of the dower. It accords the married couple the states of being muhsan provided that they are free, Muslim, sane and adult.

It makes a woman lawful for her prior husband, if he is a free man. As for the woman divorced by a slave, it makes her lawful when he has divorced her twice. However making the divorced woman who has been trebly divorced lawful for her prior husband must involve full penetration. Thus full penetration is not a precondition for requiring ghusl, the hadd punishment and payment of the dowry, but full penetration and lack of barrier are preconditions for making the couple muhsan and making the divorced woman lawful. ]

2.4.c. Invalidation of hajj and fasting

It invalidates hajj and fasting.

[It absolutely invalidates hajj, be it obligatory or voluntary, intentional or by forgetfulness, when it occurs before standing at ‘Arafah or after it before the Tawāfu-l-ʿIfāḍah and stoning the Jamrāhu-l-ʿAqabah on the Day of Sacrifice. He continues with his hajj and makes it up the following year. It invalidates fasting, even without full penetration it, be it obligatory or voluntary, intentional or by forgetfulness. He must make it up and owes kaffārah for the obligatory if it is done it deliberately. Otherwise there is only making up, as is the case with doing it deliberately in a voluntary fast.]

2.5. Ghusl and Menstruation

2.5a. When Ghusl is Done After Menstruation

A woman does ghusl immediately after she sees the white liquid (qassah) which comes at the end of menstruation, or when she notices dryness, even if she notices this after a day or two days or only an hour.

[As the blood of menstruation is mentioned as one of the causes which oblige ghusl, he goes on to clarify the sign which indicates that it has ended and that the womb is free of it. He mentioned that it has two signs: a white liquid and dryness. When the menstruating women sees one of the two signs, then her purity is clear and she is adjudged to be pure from that moment and does not wait for the second sign. There is no minimum length of menstruation. Its minimum amount is one spurt. There is no maximum amount of it, but has a maximum in time, which is fifteen days.]

[Khalīl: Its maximum for someone who is having a first period is half a month (i.e. 15 days. If it stops before that and then she remains pure for half a month and then blood comes, it is a new menstruation.) as half a month is the minimum of purity (which is fifteen days and there is no limit to its maximum).

[And the maximum length of menstruation for someone with normal periods (even if she has only had one period) is fifteen days. There are three days of using precaution (i.e. above and beyond) her normal maximum. (i.e. if she normally menstruates five days and then menstruates after that and it does not stop after the full five days, she adds three days to it. If it does not stop after that, it is false menstruation. But if her normal period is 15 days, she does not use precaution at all.) This is as long as it does not exceed half a month. (If it is 14, she uses one, and if 13, she uses 2.) Then she is pure (to fast, prayer and have intercourse even if the blood is flowing, because it is false menstruation and not menstruation.)]

2.5b. Resumed Bleeding

If bleeding starts again or if she sees any yellowish discharge, she must stop doing the prayer and then when the bleeding stops again she should do ghusl and start the prayer once more.

[If she sees the sign of purity and the judgement is that she is pure immediately, from the moment she sees purity, and then the blood resumes again or there is a yellowish discharge which does not have the colour of blood, she stops praying and reckons that she is still menstruating that day and considers all of it to be the same period. It is one period since it has come before complete purity. Or it may stop before the end of her normal period or extend after its normal length and before looking for purity or before it was complete. When the bleeding comes after complete purity or when it ended after her normal peiod and the days of looking for the end, then it is not menstruation, but abnormal bleeding, When it stops again, then she again does a ghusl and prays, and does not wait to see whether more blood comes again. This question is involves the woman whose purity is interspersed with bleeding to add the days together.]

[Khalil: The one who has bleeding patches has a ghusl whenever the blood stops in the patched days unless she thinks that the blood will return before the time she is in finishes. In such a case she is not commanded to do ghusl. She fasts (if it stops at Fajr or before) and prays and has intercourse after ghusl according to the known position as opposed to the author of the Irshād who says that intercourse is not permitted. She can pray in all the days of menstruation when the period comes to her at night and then stops before Fajr. So she might not miss a prayer or a fast.]

2.5c. Legal Consideration of Such Gaps

When this situation occurs, it is considered as one menstrual period when reckoning the period of ʿiddah (after divorce or being widowed) or the period of istibra (after the death of a husband).

[The intermittent blood is considered as the same period of bleeding in respect of ʿiddah and istibrā‘ and so the days of blood are added together until they reach that at which its judgement normally ends or other than. if it exceeds that it is abnormal bleeding.]

2.5d. Consideration of a Long Gap

If there is a considerable interval between the two periods of bleeding, such as eight or ten days, then the second one is considered a new menstrual period.

]If there is not a long gap between the two periods of bleeding, it is considered as one menstrual period for the purposes of ʿiddah and istibrā‘, but if there is a long interval between them but less than the time of purity, which is eight or ten, even though the accepted interval is 15 days, then the second is a new menstruation, i.e. the beginning of a new one which is counted for purposes of ʿiddah and istibrā‘.]

2.5e. Abnormal Bleeding

If menstrual bleeding continues longer than fifteen days, it is considered as istihādah and the woman should perform a ghusl, fast, pray and her husband can have sexual intercourse with her.

[This means if the bleeding continues for her, then she waits for fifteen days from its beginning because the maximum of menstruation in respect of her is fifteen days. Then she is judged to have abnormal bleeding whether the two periods of bleeding are distinct or not. She has a ghusl and prays and fasts. Her husband can come to her. We mentions that which has a beginning to distinguish it from that which has no beginning because there are certain points regarding that because it is either what is normal for her varies or it does not. If it is not different and the blood continues more for her than it normally does, she looks for purity for three days as long as they do not exceed fifteen days. If it varies, she then looks for purity when it is longer than its norm.]

2.6. Lochia

2.6a. Minimum of Lochia

If the bleeding after childbirth (nifās) stops soon after the birth, a woman should do ghusl straightaway and start doing the prayer.

[If shortly after childbirth a woman sees the sign which indicates that it is ended with white discharge and dryness, then she washes and prays. “Soon after birth” has no minimum limit in relation to time and it has a minimum in relation to what emerges, which is one gush.]

2.6b. Maximum of Lochia

However, if bleeding continues longer than sixty days, then she does ghusl anyway, the bleeding is considered as istihādah, and she does the prayer and fasts and her husband can have sexual intercourse with her.

[If the bleeding continues, she waits for sixty days, which it the maximum of its extent. If it stops after sixty, the matter is clear. If she continues to bleed after sixty, it is abnormal bleeding and she has a ghusl, prays and fasts and her husband can come to her.]

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