Risālah ibn Abī Zayd al-Qayrawaanī -Chapter Twenty-Four: On Fasting

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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 Twenty-Four: On Fasting

{This also deals with things connected to it like the Tarawih prayer. Linguistically “siyam” means to restrain and abandon. Whoever forgoes something is said to be fasting. Allah Almighty says in the story about Maryam, “I have vowed a fast to the All-Merciful,” (19:26) meaning a silence, which is withholding from words. In the Shari’a, it is to restrain the appetites of the stomach and genitals from dawn to sunset with an intention before or at dawn except in days of menstruation, lochia and ‘ids.[Fasting is divided into the obligatory and non-obligatory.]

[Khalil: tobacco is also avoided in the fast.]

23.1 Its Ruling

Fasting the month of Ramadan is obligatory.

[It is obligatory by the Book, the Sunnah and consensus. Whoever denies that it is obligatory to fast Ramadan is an unbeliever by agreement. Whoever affirms its obligation and refuses to fast it is a rebel and is compelled to do it. It is affirmed that the fast of Ramadan begins by one of two things, either by the month of Sha’ban lasting 30 days or by sighting the new moon.]

23.2 Beginning the Fast

23.2a. When the Fast Begins

You start fasting when the new moon is sighted and you stop fasting when the new moon is sighted, whether this is after thirty or twenty-nine days. If the new moon cannot be seen because of clouds you count thirty days from the beginning of the preceding month and then begin fasting. The same applies to ending the fast.

[His literal words are whether the sighting is exhaustive, when a group sight it so that impossible to accuse them of lying because their report gives information, or with two witnesses of good character only, with clouds or clear skies, meaning there is no difference between the large and small town. Similar to the two witnesses of good character is one whose report is trusted, even if a slave or a woman, when the place does not pay attention to the business of the new moon in respect of the people of the seer and others. If the place is concerned with the business of the new moon, the seeing of one does not affirm it, even for his family, and even if they believe him, but he must present his business to the ruler. It is not permitted for him to break the fast. If he breaks it, he disbelieves, even if by interpretation because the interpretation is unlikely. The fast is also broken by seeing the moon of Shawwāl. If there are clouds, then you count from the beginning of the month of Sha’bān. The basis for this is what is in the two Sahīh collections that he said, “Fast when you see it and break the fast when you see it. If it is cloudy, then complete the number.” There are seven preconditions for the fast.]

23.2b. 1. The Intention

You should make an intention to fast the whole month at the beginning of the month and it is not necessary to make a new intention every night for the rest of the month.

[He should formulate the intention with his heart the first night of Ramadan after sunset and before dawn or at dawn as an act of nearness to Allah Almighty by performing what is obliged of him during the day of refraining from eating, drinking and intercourse. It is not an obligation to make the intention on the rest of the days. Malik says that the intention is must be made at night, and that is stated by ash-Shāfi’i and Abu Hanīfa, because the days of the month are individual acts of worship separate from one another. The invalidation of one does not invalidate another, and they are not impaired by what is contrary to them at night, like eating, drinking and intercourse. So the days become like the five prayers during the day. It is obliged to give day an intention for the fast as it is obligatory to have an intention for every prayer. The evidence of the Māliki School is the words of the Almighty, “So everyone of you who is present (at his home) during that month should spend it in fasting..” (2:185) This command is transferred to one fast, which is the fast of the month. The intention is made in the night based on what the authors of the Sunan reported of the words of the Prophet: “”Whoever does not intend the fast before dawn has no fast.” Advancing it is overlooked in the fast because of the difficulty. Ibn Nāji said, “The literal words of the shaykh is that it is not obliged for someone who breaks the fast, like the menstruating women, to renew the intention. That is the case according to Ashhab and others. There remain the sick person and traveller when they continue to fast. They are obliged to make the intention every night beause it is not oblgiatory for them to continue. When the sick person becomes well and the traveller arrives, the intention for what is remains is enough for them, like the menstruating woman who becomes pure, the child who reaches puberty in the fast, and the kafir who becomes a Muslim during the month.

The other preconditions are:

2. Islam, 

3. Sanity, 

4. Being free of menstruation and lochia, 

5. Refraining from things that break the fast, 

6.The ability to fast, 

7. Adulthood.]

23.2c. Duration of the Fast

You fast until night comes

[Based on the ayat and because the Prophet said in the Sahīh, “When night advances from there and the day retreats from here and the sun sets, the faster breaks the fast.”]

and it is sunnah to break the fast as soon as possible

[When you are certain the night has come. There is disagreement about continuing after sunset. Some say that it is unlawful as it is unlawful on the Day of the ʿId. Some say it is permitted and he has the reward of the faster. The fiqh of the question that he he has the reward of the faster is weak. The statement that it is unlawful is more likely unless his intention is that it is obliged for him. Otherwise, it is disliked when it is without necessity.]

23.2d. Delaying Suhūr

and to delay your suhūr.(1) If you are not sure if the time of fajr has come or not you should not eat.

[Sahūr means what is eaten and suhur is the act of eating. The amount of the best delay after finishing eating and drinking there remains until Fajr the amount of time it takes to recite 50 ayats. The basis for this is the words of the Prophet, “My community will continue to be all right as long as they hurry to break the fast and delay the sahūr.” (Ahmad) If he is unsure of the time of Fajr, he should not eat or drink or have intercourse. This can mean prohibition or dislike. The well-known position is that it is a prohibition. If he is unsure about sunset, it is unlawful to eat and otherwise break the fast by agreement.]

23.2e. Not Fasting the Day of Doubt

You do not fast the ‘day of doubt’, [2] fasting on the grounds that it might be part of Ramadan.

[This prohibition is one of dislike according to the probable text of the Mudawwana. Ibn ‘Abdu’s- Salam said, “What is probable is that it is a prohibition based on what at-Tirmidhi related in a hasan sahīh hadīth: ʿAmmar ibn Yasir said, “Whoever fasts the Day of Doubt, has rebelled against Abu’l- Qasim (the Prophet).” We consider the Day of Doubt which is forbidden to fast to be the day when it was cloudy on the night of the 29th and vision was not established, and so the morning of that night is the Day of Doubt.]

23.2f. Its Judgement When It is Fasted

If you do this it is not counted even if it turns out to have been Ramadan.

[If you fast the Day of Doubt out of caution and then it is established to be Ramadan, it is not counted because the intention was not firm.] [If you want to fast that day as a voluntary fast, however, you can do so. [i.e. this is when it is his custom to fast.]

23.2g. When you discover it is Ramadan in the Morning

If you get up in the morning and discover, before having eaten or drunk anything, that Ramadan has begun you must fast the rest of the day but you cannot count it as one of the days of your Ramadan and you have to make up a day.

[If this happens, you have to make it up by the lack of the intention. Nevertheless you must avoid food and drink and anything that would invalidate the prayer for the rest of the day. It is also obligatory for him to fast if he has eaten or drunk or the like. He makes it up, but there is no kaffara since he forgot or it was intentional by interpretation. If it is something else, then he must do kaffāra.]

23.2h.When Someone Returns from a Journey or Stops Menstruating

If someone returns from a journey and they are not fasting or if a woman finishes menstruating during the day then in both these cases it is alright for them to eat and drink during the remainder of that day.

[This in the daytime. It is not recommended for them to refrain. It is the same in the case of the child who reaches maturity, the madman who recovers his senses, the sick person who starts out not fasting and then becomes well. It is the same for the  one who faints and then regains consciousness, the one compelled by the necessity of hunger or thirst, and the nursing woman whose child dies in the day. It is the same for an unbeliever who becomes Muslim, although it is recommended for him to refrain which is not the case with the others. As for the one who breaks his fast by forgetfulness or on the Day of Doubt or is forced to break it, and their excuse is removed, then it is obligatory for them to refrain. When the one forced breaks his fast after the compulsion is removed, he must make it up with kaffāra unless there was a valid interpretation.]

23.3 The Ruling on Breaking a Voluntary Fast

23.3a. Breaking it Intentionally

If you are doing a voluntary fast and break your fast intentionally, or if you start off on a journey and break your fast because of it, you must make up that day.

[Without compulsion or excuse, or because you set off on a journey while observing a voluntary fast and then break it because of it: it is obligatory to make it up in both cases. Ibn ʿUmar said that there is disagreement about when he breaks it intentionally: is it recommended to fast for the rest of it or is that not recommended as al-Uhjurī said?]

23.3b. Breaking it Unintentionally

If in a voluntary fast you break your fast unintentionally you do not have to make up a day but if this happens in the obligatory fast you have to make up a day.

[There is no disagreement that it is not obligatory to make it up if it is unintentional, but there is a disagreement about whether it is recommended and there are two positions. Ibn al-Qāsim heard that itis recommended. When the obligatory fast is unintentionally broken, it must be made up. Zarrūq said, “The literal meaning of his words is that the obligatory is in Ramadan or elsewhere.”]

23.4 Things Which Break or do not Break the Fast

23.4a. Siwāk

There is no harm in using a siwāk at any time during the day while you are fasting

[This is stated in the Mudawwana. It means it is permissible, as Ibn al-Hājib stated, “The siwāk is permitted every day as long as nothing splits off from it. It is disliked to moisten it.” Some of them said that it is permitted after midday for the one who does not have a legal requirement. As for a legal requirement like wudū’, the prayer, recitation and dhikr, it is recommended. That is correct as the hadith shows in the words of the Prophet, “If it were not that it would be hard on my communIty, I would command them to use the siwāk for every prayer.” So this includes the person who is fasting. When he says, “during the day while you are fasting” that alludes to the words of ash-Shāfi’ī and Ahmad ibn Hanbal that it is preferred before midday and disliked after it based on what is in the Sahīh where the Prophet said, ‘The odour of the the mouth of the faster is sweeter with Allah than the scent of musk.” That is because of Allah’s pleasure with him and His praise for the faster.]

23.4b. Blood-letting

and blood-letting is not disliked except if doing it will cause over-exhaustion.

[i.e. illness. In the dictionary, it means to expose oneself to death.Therefore cupping is only disliked when illness is feared because he is unsure about health and its absence. If he knows it is safe, there is no dislike.]

23.4c. Vomiting

If you vomit involuntarily while fasting in Ramadan you do not have to make up a day

[If it is in Ramadan or another day, there is no obligation or recommendation to make it up, whether it is for a reason or simply on account oif fullness, and whether the food has been altered or not. This is when he knows that none of it went back to his stomach after reaching his mouth. If he knows that some of it went back after it reached his mouth, then he must make it up when it is unintentional. Otherwise he owes kaffāra. He must also make it up if he is  unsure about that. Undigested food is like vomit. It is what emerges from the mouth of the intestines when they are full. As for phelgm which reaches the end of the tongue and he swallows it deliberately, there is no making up. It is the same with spit which he collects in his month and then swallows. He does not have to make anything up.]

23.4d. Swallowing Vomit

but if you make yourself vomit you have to make up a day.

[There are two statements about whether this is obligatory or recommended. Ibn al-Hajib says that the first is well-known, and it is preferred. Ibn al-Jallab preferred the second. The literal words of the Shaykh is that there is no kaffāra for the one who makes himself vomit in Ramadan. There is some disagreement in the question about whether or not there is kaffara. ‘Abdu’l-Mālik said that he makes it up and does kaffāra. Ibn al-Majishūn says that the one who makes himself vomit intentionally without illness must make it up and do kaffāra. Abu’l-Farāj says that if Mālik had been asked about the like of it, he would have obliged kaffara. It is related from Ibn al-Qāsim that he just makes it up. Know that breaking the fast in Ramadan is obligatory in certain cases and permitted in some. The first category is when a woman menstruates during the day: she must break the fast for the rest of the days.]

23.5 Pregnant and Nursing Women

23.5a. Pregnant Women

If a pregnant woman is afraid on account of the child in her womb she should break the fast. She does not have to feed anyone in expiation. It has also been said that she should feed people.

[If she fears for her child or herself or that she will become ill, she breaks the fast and that is obligatory. According to the well-known position, she does not feed people, but simply makes it up. It is said that she should feed as related by Ibn Wahb. What is understood from his words is that it is when she does not fear, she does not break it even if the fast exhausts her. That is not the case. If the fast exhausts her, she can choose to break it. What is derived from what Ibn ʿArafa says is that the pregnant woman, nursing woman and sick person can break the fast when fasting if it is difficult for them, even if they do not fear illness or its increase. The healthy person cannot break the fast when it is difficult. There are two statements about whether he breaks the fast out of fear of illness. Part of the second, which is that illness permits it in some cases, is when he fears increased or continuing illness. If he fears death or great harm, then he must break it. In the fear which permits breaking the fast, the person relies on the the doctor’s statement, or his own personal experience, or the experience of someone with a constitution like him. Travel has its preconditions which will be discussed.]

23.5b. Nursing Women

Similarly, if a nursing mother fears for her child and cannot find a wet nurse, or if the child will not accept to be fed by anyone else, she can break the fast but she must feed people in expiation.

[This is permission if she fears for her child or herself on account of fasting. In such a case she must feed people. It is also said that it is an obligation to break the fast and feed people.]

23.6. The Old

If an old man cannot fast, it is recommended for him to feed people.

[If he is unable to fast at any time, he is permitted to break the fast by the words of Allah, “No self is charged beyond what it can bear,”(2:233) and “He has not placed any constraint on you in the deen.” (22:78) The literal text of the Mudawwana is contrary to what he mentioned of the recommendation to feed. He says that there is no fidya. However, the Mudawwana relates that he is not obliged to feed and so that is not contrary to the recommendation.]

23.7. Feeding People (Fidya)

23.7a. Its Amount

Feeding people in this context consists of giving away one mudd for each day which has to be made up.

[Feeding is done by the pregnant woman fearful for what is in her womb, the nursing mother who fear for her child, and the very old man who cannot fast is a mudd, by the Prophet’s mudd.]

23.7b. Its Ruling

Someone who fails to make up missed days before the following Ramadan should also feed a poor person for each day they still owe.

[The ruling varies because the feeding done by an old person, as was said, is recommended. The feeding of a nursing woman is obligatory. The literal sense of his words is that making up Ramadan is at leisure, and it is what is indicated by the hadith of ‘A’isha in the Muwatta’. She said, “I used to have to make up days from Ramadan and not be able to fast them until Sha’bān came because I was busy with the Messenger of Allah.” So it is evident that it it permissible to delay it until Sha’bān, even if what was delayed becomes immediately obligatory. That shows that the  obligation is wide. Malik saidthat it should be immediate, but that is weak. According to the first statement, he is considered to be lax in Sha’bān when he is healthy and at home, and so they must feed. When he owes 15 days, then residence and health are considered at the last half of Ramadan and feeding is obligatory if he is sound and resident. If he is ill in it or on a journey, there is no feeding. According to the second, laxity is considered in Shawwāl according to what he owes of fasting based on analogy with what we said about Sha’bān. If Ramadan is 30 and he  fasts a month to make it up and it is 29, then he completes the 30. It is permitted to make it up at any time in which it is permitted to fast voluntarily. It is not made up in days when it is forbidden to fast.]

23.8 Children

Children are not obliged to fast until such time as a boy has his first wet dream or a girl her first menstrual period because it is when children reach physical maturity that all the physical acts of worship become obligatory for them. Allah ta’ala says, “When your children reach physical maturity they should seek permission (to enter).” (24:59)

[One of the preconditions for the fast is being an adult. It is neither obligatory nor recommended for children to fast. Maturity is by ejaculation or age which is 18 in the well-known position. This is different from the prayer. It is recommended to command them to do it. Maturity is what brings the person from childhood to manhood and sense. All acts – prayer, fasting, hajj and raiding – are obligatory for them, as well as actions of the heart, like the obligation of intentions which are obligatory because the intention is one of the actions of the heart, and creeds like the belief that Allah is One, for example. Evidence that obligations become incumbent children when they reach maturity is in the words of Allah Almighty. Asking permission is obliged then and is connected to maturity.]

23.9 Defilements

If someone who has not done ghusl wakes up after fajr in a state of janābah or if the period of a woman who has been menstruating finishes before fajr and she does not do ghusl till after fajr, then fasting that day is valid in both these cases.

[This is either from intercourse or an intentional or unintentional wet-dream in an obligatory or voluntary fast, or a woman has her period stop and sees that she is pure before fajr. If they do not have a ghusl until after dawn, even if they are able to do, their fast is still allowed and they owe nothing. The validity of the fast of the person in janaba is that it is confirmed that the Prophet was in janaba at fajr in Ramadan and he had a ghusl and fasted. As for the validity of the menstruating woman whom becomes pure before fajr in Ramadan, it is agreed that that is when she is pure before fajr with the amount in which she could wash. According to the well-known position that also applies to the amount of time in which it is not possible to wash. If she becomes pure after fajr, her fast is not valid.]

23.10 On Feast Days

23.10a. Not Allowed on the ʿId

Fasting is not permitted on the day of ‘Id al-Fitr or the day of the ʿId al-Aḍhaa nor should anyone fast the two days after the ʿId al-Aḍhaa unless he is doing Hajj Tamatt’a and does not have an animal to sacrifice.

[As it is not permitted, it is not valid since it is forbidden by the Prophet to fast them.]

23.10b. The Fourth Day

There should be no voluntary fasting on the fourth day either but if someone has vowed to fast or has previously broken off a consecutive fast, they should fast that day.

[The fourth day after the Day of Sacrifice is not made a voluntary fast. It is fasted by someone who has fasted Shawwāl and Dhu’l-Qaʿdah for kaffāra for a dhihar divorce or murder and then becomes ill and regains his health in the fourth night. He can fast it.]

23.11 Making up the Fast

23.11a. Breaking the Fast Out of Forgetfulness

If you break the fast in Ramadan out of forgetfulness you only have to make up that day.

[You are obliged to continue to fast and to abstain through the rest of day of Ramadan. You are obliged to continue to fast when you break it by forgetfulness in an obligatory fast other than Ramadan. There is no making up in the well-known position. One should be careful about forgetting. When you break it intentionally you owe kaffara as well as making up. That is why he says “only” since he has he owes no kaffāra because which differs from Ibn al-Majishūn and Ahmad who say that there is kaffara if he breaks it through intercourse based on the hadith of the bedouin who came to the Prophet beating his chest and pulling his hair, saying, “I am destroyed! I am destroyed!” The Prophet asked him, “What is the reason for this?” He replied, “I had intercourse with my wife in Ramadan” He commanded him to do kaffāra. The reply to that by the Maliki masters is that the circumstances of striking himself and pulling his hair indicate that the intercourse was intentional.]

23.11b. Breaking the Fast Because of Illness

The same applies if you are forced to break the fast due to illness.

[When the fast is too difficult with it, or when he fears that the illness will continue longer, or increase, or healing will be delayed, he only has to make it up without kaffāra. If it is an illness in which it is not difficult to fast or in which increased illness or delay of health is not feared, and he breaks his fast, then he must make it up and do kaffāra.]

23.12. A Traveller

23.12a. Length of Journey

If you are on a journey for which you can shorten the prayer you are permitted to break the fast even if there is no particular need to do so, making up any days missed later, but according to us it is better to fast.

[If you go on a journey at the time of the intention such that you will reach a limit where shortening the prayers begins before dawn. So the distance is four or more mail stages of a return journey, and it should not be a journey involving disobedience of Allah. You are permitted to break it, eat, drink and have intercourse. This is even if the journey is not necessary. There is no disagreement that he must make up the fast by the words of the Almighty, “the prescribed number should be made up from days later,” (2:184) The Mālikis prefer that the one one who is strong enough should fast because the Almighty says, “It is better for you if you fast.”]

23.12b A Journey of Less Than the Minimum

If anyone travels less than four mail stages (48 miles) and breaks the fast thinking it is permissible to do so, they do not have to do kaffāra although they must make up the day.

[Anyone who breaks the fast through an interpretation does not have to do kaffāra.]

[Because he followed an interpretation. He is only obliged to make it up without dispute. The literal words about the one who uses interpretation not owing kaffara are unrestricted, but there is a well-known disagreement. The interpretation must be a likely one. There is no kaffāra because he is excused by relying on a strong reason. If the interpretation is unlikely, which is when its reason is not strong, then there is kaffāra. One of the cases in which is the reason is strong is the case we mentioned about the old man, and the one who breaks the fast out of forgetfulness and then breaks it intentionally that it is permitted: he owes no kaffāra. There is also the case of the person in janaba or menstruating before dawn who only had a ghusl for that after fajr and thought that the fast for that day was not obliged and deliberately did not fast: he has no kaffāra. There is the case of someone who who has suhūr at fajr and thinks that the fast for that day is not binding and so he breaks it after that intentionally: he owes no kāffara. There is the one who arrives after a journey at night in Ramadan and thinks that he does not have to fast  the morning of that day and that one of the preconditions of the obligation of the fast is that he come from the journey before sunset. and so he breaks it deliberately: he owes no kaffāra. Unlikely cases are those in which the cause is weak. If he sees the moon of Ramadan and his testimony is not accepted and he thinks that the fast is not binding for him and so he breaks it – he owes kaffāra. Part of it is the person who normally has a fever every three days and so when the dayhe comes he breaks the fast and then the fever comes to him on that day. He is obliged to do kaffara, and even more so if it does not come. One is the woman who normally menstruates on a particular day and so she does not fast that day and then she menstruates later in the day. One of them is the one slanders a person in Ramadan and thinks that that invalidates his fast because he ate the eat of his the flesh of his brother and so he breaks it intentionally. He must do kāffara, and make it up.]

23.13 Kaffāra (compensate or reparation for a wrongdoing)

23.13a. Who Owes Kaffāra

Kaffāra only applies to people who break the fast deliberately either by eating, drinking, or sexual intercourse.

[If he resolves to eat and drink or have intercourse, but does not do it, he owes nothing, either making it up or kaffāra. It is same for someone who resolves to break wudu’ by breaking wind, for instance, and does not do it- he does not have to do wudū’. In the case of intercourse, one distinguishes the deliberate from the forgetful and the ignorant, i.e. the one who was ignorant of the prohibition and the one who did not rely on anything, like someone who is a new Muslim who believes that fasting does not forbid intercourse, for instance, and so does it – he owes no kaffāra.]

23.13b. Making Up the Day

The actual day when the kaffāra was incurred must also be made up on top of the kaffara itself.

[Making it up is obliged as well as the kaffāra.]

23.13c. What Kaffāra Consists of:

[The kaffāra on account of eating, drinking, or intercourse deliberately in Ramadan by abuse or unlikely interpretation is one of three things from which one can choose.]

23.13d. 1. Feeding Sixty People

The kaffāra for breaking the fast consists of feeding sixty poor people with one mudd for each person using the mudd of the Prophet, may Allah bless him and grant him peace. This is the preferred way of doing kaffāra according to us.

[It is taken from the normal food of the one who expiates or from the dominant food of the people: there is disagreement on that. Al-Lakhmi said: “That proceeds according to the disagreement about kaffāra,” i.e. the kaffāra of the oath, and the zakat al-fitr. The preferred position is that it is the food of the people of the land. It is understood from in his words about ‘sixty’, as in the Mudawwana, that it is not satisfied by giving 30 poor people two mudds each. If he gives to less than sixty, he takes back from each of them what is more than a mudd if it is in his possession and completes the sixty. If that has been consumed, he cannot take it back because he is the one who gave them power over that. What is meant by the poor person here is not what is meant by it in zakat, i.e. the one who does not have anything. What is meant is the one in need of it and the poor person who does not have food for that year. There disagreement about which of the three types is best. The well-known position is that it is feeding and that is what is stated here. It is preferred by some of the people of Mālik because it has more benefit.]

23.13e. 2. Freeing a Slave

However, it is also possible to carry out kaffāra by freeing a slave

[The second is freeing a slave. It is a precondition that it be a believer free of defects – like  blind, dumb, or mad.]

23.13f. 3. Fasting Two Months

or fasting for two consecutive months.

[The third is to fast for two consecutive months. Kaffāra is counted by the days.]

23.13g. Eating While Making Up

Someone who breaks the fast deliberately while making up a day of Ramadan does not have to do kaffara.

[This is because kaffāra is one of the special things of Ramadan, and there is no disagreement in what we mentioned according to Ibn Nāji. The disagreement is whether one or two days are made up. It is preferable that he makes it two, as ibn ‘Arafa said.

NOTE: Making up Ramadan is valid on separate or consecutive days, but doing it consecutively is better.]

23.14 Unconsciousness

23.14a. When Someone Regains Consciousness After Fajr

If someone becomes unconscious during the night and recovers consciousness after fajr he should make up a day.

[Ibn Habib said he is not commanded to refrain from eating for the rest of the day. Loss of consciousness is the removal of sense by an illness which afflicts him, as stated in at-Taḥqīq. That which he relied on is the commentator of Khalil. The relied-on position is that if he is unconscious for all or most of the day, he must make it up, whether he is sound at the beginning of it or not. If he is unconscious for less than half of it, and is sound in the beginning of it, it is allowed. Otherwise it is not. We said ‘sound at the beginning,’ meaning conscious at the time of the intention, even if it he was unconscious before it and recovers before fajr for the amount of time in which he could do it, even he did not, according to the relied on position. This is when he made the intention in the night before it sothat it is included in the intention for the month. Otherwise it is not, because there must be an intention since it is not valid without the intention. The one intoxicated by something lawful is like the unconscious person in the details mentioned, but the one who becomes intoxicated by something unlawful at night and remains drunk must make it up. If a sleeper makes the intention at the beginning of the month and then sleeps for the entire mouth, his fast is valid and he is free of responsibility.]

23.14b. Prayers Which Must be Made Up

He only has to make up a missed prayer if he comes to during the time it is due.

[If he fainted at night and wakes up after dawn. This was covered in the Chapter of Prayer. He repeats it here to point out that the fast is different from the prayer. The menstruating woman makes up the fast but no the prayer because of the difficulty of repeating it.]

23.15 Other Prohibitions in the Fast

23.15a. Guarding the Tongue and Limbs

When you are fasting you should guard your tongue and limbs

[That is recommended, and some say it is obligatory, and there is no contradiction between the two positions. The one who says it is obligatory applies to to refraining from the forbidden, and the one who recommends it applies it to refraining from what is not forbidden, like excessive permissive speech. He mentions the limbs which are seven: hearing, sight, tongue, hands, feet, belly and genitals. The tongue is mentioned specifically because it results in the greatest calamities. It is said that there is not a morning but the limbs complain to the tongue, “We ask you by Allah, go straight and we will be straight. If you are crooked, we will be crooked. ʿUmar visited Abu Bakr and found him pulling his tongue. He said, ‘ What, Abu Bakr!” He said, “Leave me. It has brought about things.” People should curtail what they say in Ramadan.]

23.15b. Honouring the Month of Ramadan

and honour the month of Ramadan as Allah has honoured it.

[Allah says “the month of Ramadan in which the Qur’an was revealed.” (2:185) It is honoured by the recitation of Qur’an, dhikr, fasting, praying, sadaqah, and other acts of worship. It is disliked to esteem it by decorations and delegations and the like.]

23.15c. Avoidance of Sexual Pleasure in the Day

A fasting man may not have sexual intercourse during the daytime in Ramadan nor may he touch a woman or kiss her to gain pleasure.

[Intercourse is forbidden by agreement. Other things are said to be haram or disliked. It is possible to say that there is no contradiction, and it is possible that the illicitness is applied when he does not know that there is security and dislike when he knows it. In short, it is disliked for the old and young, male or female, to kiss his spouse or slave girl while he is fasting, or to touch or dally. It is the same for looking or remembering when he knows that he is safe from sperm and prostatic fluid. If he knows that he is not safe or is unsure about it, it is unlawful. It is not unlawful for him in the night unless he is doing i’tikāf or fasting for the kaffāra of a dhihar-divorce. In such a case the day and night are the same. If he does any of that while fasting and is safe, he owes nothing. If he ejaculates, he must make it up and do kaffāra.]

23.15d. Sexual Pleasure Allowed at Night

None of these things, however, is haram for him during the night.

[This is because the Almighty says: “Lawful to you on the night of the fast is going to your wives…” (2:187) Night and day are the same for the one doing i’tikāf and fasting the kaffāra for dhihār.]

23.15e. Waking up in Janaba

It does not matter if you wake up in the morning in a state of janaba because of having had sexual intercourse.

[Here he repeats this point to clarify that the fast is valid if you are in janaba.]

23.15f. Emission of Madhy in Ramadan

If you do get sexual pleasure during the daytime by touching or kissing and this results in the emission of madhy (prostatic fluid) you must make up that day.

[Or through looking or thinking, then he must make up the day for the emission of madhy, whether it lasts or not. For the emission of madhy for any reason, there is only making up, which is obligatory. If there is no madhy, there is no making up, even if there is an erection. It is what Ibn Wahb, and Ashhab related from Mālik in al-Mudawwana. It is the preferred position.]

23.15g. Emission of Sperm in Ramadan

If you do it deliberately and the result is the ejaculation of many (semen) you have to do the kaffāra.

[According to the well-known position. He is silent about looking and remembering. Al-Fakhānī say that if he continues to look until he ejaculates, then he must make it up and do kaffāra. If he does not continue to do it, then he must only make it up according to the well-known position Al-Qabīṣī says that if he looks once deliberately, he must make it up and do kaffāra. Al-Bājī said that it is sound and gave remembering the same judgement as the glance. If he continues to remember until he ejaculates,then he must make up and do kaffara. If he does not continue to do it, then he makes it up without kaffāra.]

23.15h. The Reward for Fasting

Anyone who fasts Ramadan with belief and with awareness of the reward for doing it is forgiven all his previous wrong actions.

[He believes in the reward if he fasts with the awareness that its reward has been stored up for him by Allah in the Next World and he does not fast in order to show off or for reputation. The wrong actions forbidden are the minor ones between him and his Lord. Major wrong actions are only expiated by repentance or Allah’s forgiveness. ]

23.16. The Tarawih Prayer

23.16a. The Reward for Praying at Night

If you stand up in prayer during the night, to the extent that you able to do so, you can expect great good from it and pardon for your wrong actions.

[The reward for standing in prayer is not limited to all the night, but is obtained by anyone who stands for part of it according to his state without limit.]

23.16b. Tarawih are Performed with an Imam in a Group

These night prayers are done with an imam in mosques where the prayer is normally done in jama’a.

[It is permitted to do these prayers in the mosque in groups with an Imam. This is an exception from the dislike of praying the nāfilah in group which is indicated by the words of Shaykh Khalīl, added to the dislike of gathering for nafila or in a known place since the action to gather for them continued from the time of ʿUmar ibn al-Khaṭṭāb. Part of his sunan is to do this and the time they are done is after ʿIshaa’ ]

23.16c. They Can Be Done at Home

If you want to you can do these night prayers at home. Indeed this is considered better if your intention is strong enough for you to do them by yourself.

[It is considered better to do them at home on you own if you are not too lazy.]

23.16d. How the Salaf First Did Them

The righteous people of the first community used to do these prayers in the mosque. They did twenty rak’as followed by three rak’as – two for shaf’i and one for witr with a salam in between.

[These are the Companions, peace be upon all of them. They did them in the time of ʿUmar ibn al-Khaṭṭāb in the mosque with 20 rak’ats. That is preferred by a group, including, Abu Hanifa, ash-Shāfiʿī and Ahmad, and the action now does that followed by the shāf’i and witr. Abu Hanifa says that there is no salam between the two, and ash-Shāfiʿi says that there is a choice.]

23.16e. The Later Practice of the Salaf

Later they began praying thirty-six rak’as not including the shāf’i and witr. Both of these are acceptable.

[Then the Salaf other than the first Salaf, namely the Tābi’ūn, increased it. ʿUmar ibn ʿAbdu’l-ʿAzīz commanded that to do that since it contained benefit because they were making the recitation long which caused boredom and weariness, and so he commanded them to shorten the recitation and increase the rak’ats. That which ʿUmar ibn ʿAbdu’l-ʿAzīz did was preferred by Mālik in the Mudawwana.]

23.16f. Done in Groups of Two Rak’ats

You say the salam after each two rak’as. ‘A’isha, may Allah be pleased with her, said that the Messenger of Allah, may Allah bless him and grant him peace, never did more than twelve rak’as followed by a single rak’a of witr, either in Ramadan or out of it.

[Then he explains how the Messenger of Allah did them according to ʿĀ’isha which differs from what is in the Muwaṭṭa’ where she says that he did not exceed twelve at any time, Ramadan or not. It also differs from what is related from her that he prayed 15 and 17. Other things are related from his wives and they can be combined if the Prophet first prayed two to greet the msoque and then stood to do tahajjud with two quick ra’kats to start. When he left for the Subh prayer he prayed the two rak’ats ofFajr. So they can be added together.]

1. Suhūr is the meal eaten before fajr prior to a day’s fasting.

2. Thirtieth of Sha’bān if the new moon has not been seen the previous night.

Published in: on April 10, 2021 at 17:34  Leave a Comment  

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Seven: on Wiping Over Leather Socks

نظم رسالة ابن أبي زيد القيرواني

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 Seven: on Wiping Over Leather Socks

This chapter is about the judgement regarding wiping over leather socks, the lack of a defined period of time in for doing that, what invalidates it, some of its preconditions, its description and what makes wiping forbidden.

7.1. Its Judgement

You can wipe over leather socks [It is an allowance to wipe which is understood from the context or from wiping because there must be a wiper, man or women. It is permitted to wipe over leather socks. It is a dispensation, but washing is better than it. The permission applies to what is understood by leather socks. They resemble galouches, which are thick socks with no legs, and they resemble socks which have the form of leather socks, but are made from cotton and covered with leather. The basis for its legality is that the Prophet did it.]

7.1a. Location

Either when travelling or otherwise permitted,

[Wiping over socks is an allowance and so it is not particular to the traveller and it is permitted to do at home and on a journey. In the well-known position, it is not a precondition for the wiping that the journey be for something permissible.]

7.1b. As long as the socks have not been removed provided you have not taken them off.

[Wiping over socks is not limited by a known period of time. It is related from Malik that its maximun length when someone is resident is a day and a night, and three days in a journey. This allowance continues, and it is permitted to wipe over them without limit within that period until he removes them. If he removes them, it is agreed that it is invalid to wipe over them and he should hasten to wash his feet again. If he delays washing them deliberately for as long as it takes the limbs of wudu’ to dry, he does wudu’. He is like the one who is unable and the one who forgets and builds on his wudu’, whether it is long or not. If he removes one sock he must remove the other as well, and wash both feet. It is not permitted to wipe over one of them while washing the other.

7.1c. Preconditions of Wiping

[Wiping has ten preconditions, five of which concern what is wiped and five which concern the person who wipes. The preconditions in what is wiped are:

1. That they are made of leather and are not things like cotton socks  2. They are pure and not impure, like the skin of carrion, even if it is tanned 3. They are not polluted and pierced except something like glue; 4. They must cover the place of the obligation (to the ankles) without missing any of it 5. and he must be able to walk in them without them being overly loose-fitting or narrow. Otherwise, it is not permitted to wipe over them.

The preconditions of the wiper are:

1. That he is not a rebelling against Allah by wearing them, and so the man in ihram does not wipe over the socks or affluent by wearing them. This is when the affluent person wears them to avoid the bother of washing the feet or other things which have the sense of indulgent affluence. Such a person is not permitted to wipe over them and must always repeat it. If he ears to them to protect himself from heat or cold or to imitate the Prophet, then he can wipe over them.

2. He must put them on while pure. The one who puts them on does not wipe over impurity, even they are washed.

3. The one who puts them on in state of purity by tayammum cannot wipe.

4. He must fully wash the limbs of wudu’ before putting them on.

5. He does not just wash his feet and put them on then finish doing wudu’, or wash one foot and then put it on before washing the other. If he removes them at the beginning and then puts them on after full purity or removes theone he is wearing and then and puts it on after washing the second, then he can wipe. The meaning is that the prayer is permitted by it to when he is afraid of going wudu’ on account of the cold.]

7.1d. When the socks were put on

This is if you put them on after you have washed them as part of wudu’ for doing the prayer. It is in this situation that, if you then break wudu’, you are entitled to wipe over your leather socks when doing wudu’.

[This contains some of the preconditions which permit wiping. His words, “after you have washed them” means that they were put on while in a state of purity which is achieved by water. His words, “for doing the prayer” means that it is complete in the senses and meaning. So the one who puts on the socks after wudu’ and having fulfilled all the preconditions is allowed to wipe when he breaks wudu’ by lesser impurity. It is limited to lesser impurity because major impurity invalidates wiping because it obliges that they be washed.]

7.1e. When it is not permitted

In any other case it is not permitted.

[If it is not like that since he was not pure when he put them or or he had purified himself with earth or put them on before his purification with water was complete, then it is not permitted.]

7.2. Description

7.2a. Right Foot and removing impurity

The way you do the wiping is to put your right hand on the top of your foot beginning at the toes and your left hand underneath. Then you pass your hands over your foot as far as the ankle.

[This is the recommended manner of wiping. The ankles are included in thewiping as in wudu’ because that is indicated. It is disliked to follow the creases in it because the basis for wiping is lightening. It is disliked to repeat the wiping or to wash it. If he does that, it is still allowable. It is recommended for him to wipe when he is going to pray to wash them with the intention of wudu’ only or to add the intention of removing mud or impurity, even it if is overlooked. If he washeswith the intention of removing the mud or impurity, or he does not intend anything, it is not enough.]

7.2b. Left foot

You do the same thing with the left foot except that you put the left hand on top and the right hand underneath.

[The hands are reversed here. Ibn Shiblun said that the left is like the right according to the literal meaning of the Mudawwana. What is mentioned about wiping on the top and bottom of the leather socks at the same time is agreed upon. The disagreement is about the amount which must be wiped. Ashhab believes that if he confines himself to wiping the top or bottom of the socks to the upper or the lower, it is enough and he does not repeat his prayer. Ibn Nafi’ believed that it is not adequate. But the well-known position is that it is obligatory to wipe the top and recommended to wipe the bottom. If he confines himself to wiping the upper and prays, it is recommended that he repeat it in the preferred time. It is recommended that he repeat wudu’ and the prayer when he abandons wiping the bottom out of ignorance, intentionally or inability if it has been a long time. If it has not been a long time, he wipes the bottom only. It is like that if he only wipes the bottom out of oversight, if it has been a long time or not. If he omits wiping on the bottom, he always repeats it, intentionally or by ignorance or forgetfulness. He builds on the intention absolutely if he forgets and if he is unable, if it is not long. Some of the shaykhs believe that the sides of the feet are part of the top.]

7.2c. Mud

If there is any mud or dung or your leather socks you cannot wipe overthem until you have wiped or washed it off.

[The dung refers to that of mules, horses and asses. Impure dung must be wiped. It is best to wash off pure mud or dung. ‘Abdu’l-Wahhab said that that is because wiping is done over the socks and this constitutes a barrier over the socks, and so it is obliged to remove it. Al-Fakihi sees it as strong recommendation rather than obligation because if he fails to wipe the bottom of the socks altogether, he does not have to repeat it either in the time or otherwise according to the position of Ibn al-Qasim. According to the position of Ashhab, he only has to repeat it within the time, not any time else.]

7.2d. Another form of wiping

Some people say you should start at the ankles and wipe to the tip of the toes so that any dust on the socks which might get wet does not end up at the ankle end of your socks.

[This is another description of wiping over the socks, i.e. putting the right on the right and the left on the left, and beginning at the ankles to avoid moving the dust on the top of the socks in particular because moving impurity from one place to another must happen in any case, whether he begins from the heels or the toes, i.e. impurity is moved to the top of the sock more than it is moved to the bottom, since if he were not to wipe the tops, the wiping would be invalid, which is not thecase with the bottoms. His words must be examined. When he is asked to wipe the mud and wash the impure dung before wiping, how can it be understood that it is moving an impurity from one place to another, top or otherwise, whether he begins to wipe from the heals or the toes?]

7.2e. Actual mud

But if there is any actual mud on the bottom of your socks you should not wipe over it until it has been removed in any case.

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Six: Tayammum and Its Description

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

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

Risālah Ibn Abī Zayd – Chapter One: About What the Tongue Should Articulate and About What the Heart Should Believe In Regards to the Obligatory Matters of the Religion

Published in: on March 7, 2021 at 17:54  Leave a Comment  

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Six: Tayammum and Its Description

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 6: Tayammum and Its Description

6.1 When It is Done

[If you cannot find water, then you must do tayyamum, which is recommended. Linguistically tayammum means aiming for something. The Almighty says, “Do not have recourse to bad things,” (2:267) i.e. aim for them. In the Sharī’ah it is a legal act of worship by which the prayer becomes allowed. This means that the Sharī’ah has judged it. This exists in wudū and ghusl. By it the prayer is permitted when wudū‘ and ghusl are excluded because tayammum is only to make lawful. Wudū‘ and ghusl are done in order to remove impurity. It is obligatory by the Book, Sunna and consensus. The Almighty says, “If you cannot find any water, then do tayammum with pure earth,” (4:43) and in Muslim the Prophet said, “We were preferred over people by three things: our rows were made like the rows of the angels, the entire earth was made a mosque for us and its earth is purification if we do not find water.” The consensus is that tayammum is obligatory when water is lacking or the ability to use it lacking it. There are preconditions for the obligation: Islam, adulthood, sanity, absence of the blood of menstruation or lochia, the arrival of the time, lack of water or lack of ability to use it, and that there is no barrier over the limbs and nothing which precludes it.]

6.1a. On a Journey

If you are on a journey and you cannot find water, you have to dotayammum, provided that you do not expect to find any water before the time for the prayer has finished.

[The situation is that either that there is no water to be found at all or a judgement that he will not find enough water for wudū‘ or ghusl in a journey (or while resident), whether short or not, whether the traveller is healthy or not, and whether the journey is permissible or not, because the allowance for doing it on a journey or while resident does not have the precondition that the journey be for something permissible. If the allowance is only in the journey, like breaking the fast in Ramadan, then the journey must be permissible and it must be a distance of at least four postal stages, like that for shortening the prayer. Thus the mere absence of water is only a reason for the obligation of tayammum when he despairs of finding water or he thinks it probable that there is no water. It is not the case if he is unsure or hopes for water or is certain of finding water within the time. What is meant by the obligation is the widest period of obligation. The one who has despaired is someone who has searched for it in a manner which is not arduous for someone like him. He is only obliged to seek if he hopes to find it or suspects its presence. If he is certain that he does not exist, then he does not look for it in the time. By ‘time’, the preferred time is meant.]

6.1b. Lack of Ability

You also have to do tayammum even when there is water, whether on ajourney or staying in one place, if you are unable to touch water on accountof illness or are disabled by illness to such an extent that although youcould use it, you are unable to get to it and cannot find anyone else tobring it to you.

[This is when there is water and you are unable to use it, on a journey or at home, because of illness which prevents using it since you fear that using it will cause death, loss of use of a faculty or limb, increased illness, delayed recovery, or will actually cause a illness. If he does not fear any of that, but is only pained by it, he must continue to do wudū‘ or ghusl. So tayammum is obliged for someone who is healthy when water exists because he cannot use it because illness would occur, or for a sick person who is able to use it, but does not find anyone to bring it to him, even for a payment equal to the price which the seller would oblige or it or he does not find a vessel or he only finds a forbidden vessel or cannot pay for using it.]

6.1c. Danger

The same applies to someone traveling who is near water but prevented from reaching it because of the fear of thieves or wild animals.

[This is also true about the traveller who is near water but cannot reach it out of fear of thieves as he must preserve his property and the property of others. The property must be more than what he would have to pay to buy water. It must be ascertained that they exist or he thinks that it is probable that they exist. Uncertainty is not taken into consideration. The same applies if he fears for himself from wild animals when he is certain about that or thinks that it is probable.]

6.1d. Certainty About Reaching Water

If a traveller feels certain that he will get to water within the time of the prayer, he avoids doing tayammum until the end of the time.

[Whether he is in a journey where he shortens the prayer or not and he is certain that he will find enough water for wudū‘ or ghusl, it is recommended that that he delay tayammum. The upshot of the fiqh in the matter is that one of the preconditions of the obligation of tayammum is the arrival of the time. The judgement in it varies according to the state of the person doing tayammum because either he is certain that water will exist in the time or he will reach it or he despairs of finding it or reaching it, or he is unsure about finding it or reaching it in time or hopes to find it or reach it in time. The author clarifies these circumstances and indicates it when he says, “If a traveller feels certain.” In fact, it is not particular to the traveller, but applies to all who are permitted to do tayammum due to the absence of water. When he is certain that water exists or that he will reach it within the time or thinks that it is probable that it exists or that he will reach it in time, then it is recommended to delay tayammum to the end of the time.]

6.1e. Certainty About not Reaching Water

If he feels certain he will not get to water he should do tayammum at the beginning of the time.

[This is about the absence of water or the failure to reach it in time after seeking for it. If there is what obliges seeking, then it is recommended that he do tayammum at the beginning of the time to obtain the excellence of the time because the excellence of water is despaired of. That is how it is judged by the one who thinks it probable that it will not exist within the time or will not be found in it.]

6.1f. Uncertainty About Reaching Water

If he does not know whether he will get to water or not, he should do tayammum in the middle of the time. This also applies to someone who is afraid that he will not be able to get to water but nevertheless hopes that he will.

[If he is unsure about finding it, it is recommended to do it in the middle of the time. It is affirmed by Shaykh Ahmad Zarruq that what is meant is uncertainty about reaching it. He said that there is no difference between it and what before it according to the Mālikī School. Although it is sound from the aspect of the judgement, the author’s words imply a difference when based on what is meant by the one who hopes. He said that the words of the author contain something different from the position of the School. That is because his literal words say that the one who hopes does not delay, but does tayammum in the middle of the time. It is not as he said. His judgement is that of the one who is certain and the one who is certain delays to the end of the time. Ibn Harūn said, “I do not know of anyone who transmitted that the one who hopes does tayammum in the middle of the time except Ibn Abī Zayd. Ibn Nājī said that it is possible that it refutes his words. According to the words of Ibn Nājī by “fears” the author means “suspects“.]

6.2 Finding Water after doing Tayammum

If, under any of these circumstances, you do tayammum and do the prayer and then come across water within the time of the prayer the following judgements apply.

[These seven who can do taymmum are: the sick person who cannot touch water, the sick person who cannot find anyone to bring him water, the traveller who is near water but is prevented from reaching it by fear of thieves or animals, the traveller who is certain that water will exist within the time, the one who despairs of finding it within the time, the one who has no knowledge, and the fearful one who hopes to find it. This is what happens if such a person (except for the sick person who cannot use water then find water or the sick person who can, but does not find anyone to bring him the water) finds water. Finding water means having the ability to use it, its existence, or the existence of a vessel to bring it.]

6.2.a A Sick Person

A sick person who could not find anybody to bring water to him should do the prayer again.

[It is recommended that he does the prayer again within the time. The rule for the sick person who does not find anyone to bring him water or any vessel with which to bring the water is to delay tayammum to the middle of the time. If he does the necessary tayammum in the middle of the time and prays and then before the end of the time of the prayer then that which stops him from using the water is removed, as when he finds what will enable him to obtain it, then it is recommended for him to repeat the prayer within the time if he is restricted in that people do not come in to him often. If people come in to him often, then he has no restriction, then he does not have to repeat it.]

6.2b. A Fearful Person

This also applies to someone who was afraid of wild animals or other dangers of that sort, and to a traveller who was afraid he would not get to water but hoped that he would. If you have done tayammum for any other reason, you should not repeat the prayer.

[The one who fears for himself from wild animals or for his property from thieves is like the sick person who does not find anyone to bring him water in the time. It is recommended that he repeat the prayer when he gets water within the time. The result is that when the person who is afraid of animals does tayammum in the middle if the time, it is recommended that he repeat it in the time with four provisos. That is that he is certain that water exists or that he will find it were it not for his fear. His fear must be definite or likely and he ascertains the absence of what he fears and the existence of water itself. If he is not certain that it exists or that he will reach it, or what he fears is clear, or none of it is certain and someone else finds it, he does not repeat if. If his fear is a simple doubt, then he always repeats it. ]

6.2c. A Traveller

and to a traveller who was afraid he would not get to water but hoped that he would.

[When he finds water within the time, it is recommended that he repeat the prayer he has prayed in the time allotted for it, which is the middle. Part of the subject is that it is better if it is advanced. What is meant by ‘fear’ in the words of the author is uncertainty about reaching it. It is recommended for the one who prayed in the time allotted to it to repeat it within the time. That is even more the case if he has advanced it. As for the one who is unsure about whether it exists, if he does it before the middle of the time allotted for it, then he repeats it. If he prayed in the middle of the time allotted for it, he does not have to repeat it. The difference between them is that the one who is unsure about reaching it, has a sort of falling short and so he is asked to repeat it. As for the one who is unsure about whether it exists, he relies on the basis, which is its non-existence.]

6.2d. Other Reasons

If you have done tayammum for any other reason than these three, you should not repeat the prayer.

[It appears from his words that the one who despairs does not repeat the prayer when he finds water absolutely. It is not like that, and it must be explained. If he finds the water which he despaired of, he repeats it. If he finds other water, he does not repeat it. It also seems from his words that someone who finds water in his bag or saddle or forgets it is there and then remembers it, does not have to repeat it. The one who acts deliberately in the three cases has to repeat it, which differs from the literal words of the author.]

6.3 Frequency

6.3a. Number of Fard Prayers with One Tayammum

You should not pray two fard prayers with one tayammum except if you are ill and cannot touch water because of some harm to your body which will last at least until the time of the next prayer.

[None of those seven categories should pray two obligatory or sunna prayers at home or on a journey. whether they share in the time or not, with the same tayyamum except for the person with a constant illness which will continue to the time of the second prayer. It may happen that he does not do the first prayer in its time, either intentionally or by forgetfulness or ignorance. In that case he can pray them both together with one tayammum. This is a general judgement for prayers at home and on a journey.]

6.3b. For Each Prayer

Although there are some who say that even in this situation you should do tayammum again for each prayer.

[For each obligatory prayer, whether he is healthy or ill, travelling or at home.]

6.3c. A Number of Missed Prayers

It has been related from Mālik that someone who remembers not having done a number of prayers can do them with one tayammum.

[This is a number of fard prayers which he missed by forgetfulness or by sleeping through them or deliberately not praying them and then repenting and wanting to make them up: he can pray them with one tayammum, whether healthy or ill, travelling or at home. The first statement is by Ibn Sha’ban and the second is by Ibn al-Qasim and is the famous one. This is why it was rejected by the shaykh when he was ill at midday when someone else suggested it to him. According to the well-known position, if he disagrees and prays two prayers with one tayammum, whether they are shared or not, he does not ever have to make up the second. According to his words at the beginning of the chapter about the time, one does tayammum for the obligatory prayer absolutely, even for Jumu’ah. That is not the case, since the healthy person who is resident does not do tayammum for Jumu’ah since it is a substitute for Dhuhr. He prays Dhuhr with tayammum, even at the beginning of the time. If he prays Jumu’ah with tayammum, that is not acceptable. The sick person and the traveller can do tayammum for it. It That is also the case with the funeral prayer. The healthy resident does not do tayammum for it unless it becomes a specific obligation for him since no one else is found who can pray it nor is it possible to delay it until he can obtain water.]

6.3d. Voluntary Prayers

[As for the sunnahs and the voluntary prayers, the traveller but not the heathy resident person does tayammum for them, i.e the one who is obliged to do tayammum because of lack of water. The judgement of the healthy resident for whom tayammum is obliged out of fear of illness is like that of the sick person and he does tayammum for Jumu’ah and the funeral, even if it is not a specific obligation, and for the sunnah and voluntary prayers. If he intends an obligatory prayer by his tayammum, he is permitted to pray the voluntary prayer with it afterwards with the precondition that it is connected to the obligation, even if he did not intend the voluntary prayer after the obligatory. It is limited to prayers which are after the obligatory, although if he prays a voluntary prayer before it, it is valid by his statement, ‘provided that it is connected to the obligatory.’ If there is a long separation or he leaves the mosque, he must repeat his taymmum if he wants to pray the voluntary prayers. A short separation is overlooked. That is defined as about the length it takes to recite Ayat al-Kursi. It is also a precondition that he does not do more than the voluntary. What is “more” is defined by custom.

6.3e. What Can Be Used for Tayammum

Tayammum is done using pure surface earth, that is any substance on the earth’s surface such as soil, sand, stones, or salt deposits.

[“Pure” is how the people of firm knowledge and those who know fiqh explain “tayyib” where Allah says,”do tayammum with clean earth,” Tayyib means pure earth in Arabic and that is what Mālik said. Mālik said that sa’id means what is on the surface of the earth in accordance with Arab usage. Others believe that the sa’id in the ayat designates pure earth found on the surface of the earth or brought out from inside of it. This includes salt desposits, and secretions. Tayammum is not done deliberately on wood, plants and grass and groups. The literal meaning of his words is that tayammum can be done on stones, even hard ones, if there is no soil as long as it has not been baked. It is not permitted to do tayammum on lime nor baked bricks, which are red bricks. Tayammum can bedo ne on soil, whether it has been moved or not, although it is better when it is not moved by agreement. The first is based on the well-known position. One does not do tayammum on other things than earth. Things like salt, alum, sulphur, copper and iron are not used for tayammum except in their original place or moved from one place to another. But it is cannot be in a form which is firm in people’s hands, like medicines. As for what can be held in people’s hands like medicines, it is not valid to use them for tayammum.]

6.4 How to do it

6.4a. Beginning Tayammum

To do tayammum you hit both hands on the ground – if anything clings to them it should be lightly shaken off –

[This clariifies how tayammum is done. He strikes both hands on the ground. If he is missing a hand, he does tayammun with the other. If he is unable to do it, someone does it for him. If he cannot delgate someone, he rubs his face in the dust. What is meant by ‘striking‘ is not actual striking. What is meant is to place his hands on the surface used for tayammum, soil or whatever. This ‘striking’ is an obligation. It is not a precondition that anything clings to his hands. If something clings to them, he shakes them lightly so that some people consider this shaking as one of the meritorious parts of tayammum so that it does not harm his face.]

6.4b. The Intention

[Before beginning, the one doing tayammum must intend earth and nothing else with which tayammum is not valid. He must intend to make the prayer lawful or intend the obligation of tayammum in the first striking. If he is in minor impurity, he intends to make the prayer permissible from the lesser impurity. If he is in greater impurity, he intends to make the prayer lawful from the greater impurity. If he does not call the major impurity to mind and thus omits the intention regarding the greater impurity intentionally or by forgetfulness, and prays with that tayammum, then he must always repeat the prayer. If he intends the greater impurity, believing that he has it and then the opposite is clear, then it allows the lesser. When he intends the obligations of tayammum, it is enough for him, even if the intention of the greater does not occur to him, If he intends to remove the impurity, it is enough enough for him in the well-known position. Tayammum does not remove lesser impurity. It only makes the prayer permissible.]

6.4c. Wiping the Face

then using both of them you wipe over your whole face.

[After shaking his hands, then he wipes his face and does not omit any of it. He does not miss the cartilage of the upper ear and other things. If he leaves any of the wiping of all of the face, even a little, then it is not allowed. He begins from the top, as in wudu’ and runs his hands over the length of it to his beard. He passes over the lines of the face, because the basis of wiping is doing it lightly.]

6.4d. Striking the Ground a Second Time

Then you hit both hands on the ground again

[The second blow is for wiping the hands by way of sunnah. It is not said how the obligation is done in a sunnah manner because we say after the obligation that the second comes after the first so if he fails to strike the earth the second time and then wipes his face and hands with the first, it is adequate.]

6.4e. Wiping the Hands

and then wipe your right hand and arm with your left hand. To do this you put the fingers of your left hand on the tips of the fingers of your right. Then you slide your fingers down the back of your right hand and arm, as far as the elbow, folding your fingers round it as you do so. thoroughly.

[The recommended manner of wiping is to first wipe the right with the left, putting the fingers on the right on the left except for the thumbs. The palm is passed over the top of the hand and arm to the elbow. It appears from the words of the author that the elbow is not wiped because it is the end. It is said that he meant including the elbows as is done with wudu’ since tayammum replaces it. Wiping to the elbows is sunna, and to the wrists is obligatory according to what is in al-Mukhtasar. Al-Bisami adds to it by saying that the well-known position of the school is that wiping is to the elbows is obligatory. The dispute is when it is confined to the wrists and he prays. The well-known position is that he repeats the prayer if still within the time. An opposite position is that he must always repeat it. This consequence is rejected. Al-Muqaddamat (Ibn Rushd) prefers that which is followed in al-Mukhtasar, and Qadi ‘Iyad summarised it in his Qawa’id, and it is preferred.

The well-position of the school is that the fingers go between each other, and that is by the flat sides of the fingers, not the sides because they have not touched earth. The well-known position is also that a ring is removed and moving it from its place can be done instead of actually removing it. The difference between tayammum and wudu’ is said to lie in the fact that the ring is removed in tayammum but not in wudu’ because of the force of the water flowing in wudu’ which is not the case with earth.

6.4f. Wiping the Inside of the Right Hand

Then you put your palm on the inside of your arm and, gripping your arm, slide your hand from your elbow just back as far as your wrist

[After wiping the outside of the right hand, using the palm, because the fingers because the fingers were already use on the outside of the hand except for the thumb.]

6.4g. The Thumb and then run the inside of the left thumb over the outside of your right thumb.

[This is because it was not wiped before. What he mentioned about wiping the thumbs was also mentioned by Ibn at-Talla’ who is Muhammad ibn Farāh, the shaykh of the fuqahā‘ in his time. The literal of the transmission, which is relied upon, it wiping the outside of the right thumb with the outside of the fingers. Al-Fakhānī said, “I do not know of anyone of the people of language who transmit that the thumb is the largest “finger“].

6.4h. The Left Hand

You then wipe over the left hand and arm in the same way and after reaching the wrist you wipe your right palm with the left down to the tips of the fingers.

[After finishing the right, then do the left to the wrist. The tips of the fingers designates the inside of the palm and fingers. Observe how he is silent about the left palm unless he says that each of them wipes and is wiped. This is the description which the shaykh mentioned and it was also mentioned by Shaykh Khālid. He begins with the outside of the right hand with the left and moves to the left before completing the right. This was transmitted by Ibn Habīb from Mālik. Ibn al-Qāsim said, “He only moves to the left after finishing the right.” Al-Lakhmī and ʿAbdul-Ḥaqq preferred that. The position of Ibn al-Qāsim is preferred. The basis of the preference is that moving to the second before completing the first misses out the excellence of proper order between right and left. Some of the shaykhs recommend the transmission of Ibn Habīb so that he does not wipe the dust onthe palm, but the one with the reliable position says that the remaining of the dust is not sought aso that its judgement should be observed.]

6.4i. Other Methods of Wiping

If you wipe the right with the left or the left with the right in some other way that you find easy, that is acceptable as long as it is done fully.

[If you differ from the recommended manner, your tayammum is still allowed. It only differs from the best manner. One can deduce from his words, “done fully” that if he does not wipe his forearms, it is not allowed because the arms are mentioned in wiping. The well-known position is that if he confines hismelf to the wrists and then prays, then he repeats it within the time.]

6.5 Judgements About Someone in a Major State of Impurity

6.5a. Tayammum for janābah or end of menstruation

If someone is in a state of janābah, or has been menstruating, and cannot find any water to do ghusl with, they should do tayammum and do the prayer and then when they find water they should do ghusl.

[Even if someone like this finds enough water for wudu’, they still do tayammum following the previous information regarding the possibility of finding water which is not repeated here. Tayammum is obliged when there is no water. He mentions it here to refute those who say that someone in a state of janābah and or a woman who has been menstruating do not do tayammum.]

6.5b. Not Repeating Prayers Done with Tayammum They do not have to repeat any prayers they have done.

[Because their prayer occurs in manner which is commanded. The literal import of his words is that that is the case in the time or after it. It is explained that it is repeated within the time in the instances which were already mentioned. Its literal meaning is that is the case or not whether there is impurity on their bodies. It is the text of the Mudawwana and it restricted by there not being any impurity on the body. If there is impurity in his body and he prays with it by forgetfulness and they remember after they have finished, then they repeat it within the time. The statement of the author about not repeating it is informing about when water is found after they have prayed with tayammum. If there is water before the prayer, and there is enough time for ghusl and the prayer, even a rakʿah, within the time, then tayyamum is invalid. If they find it after the time has begun and before it finished, even if the time is ample, or the time has begun, but there is not enough time for a ghusl and still catching a rakʿah, they pray with tayammum.]

6.6 Further Judgements about Tayammum

6.6a. Taymmum Does not Make Intercourse Permissible A man cannot have sexual intercourse with his wife if she has just finished menstruating or the bleeding after childbirth if she has only purified herself by tayammum until there is enough water for her to do ghusl first and both of them to do ghusl afterwards.

[This is whether she is a Muslim or a kitābī or a concubine. According to the well known position, it is forbidden for him to have intercourse with her. This does not only imply to actual intercourse, but enjoying her between the navel and knee, even through a barrier, is unlawful. Finding water can either be his responsibility or the responsibility of both.]

6.6b. Water for Ghusl after Intercourse

[There must be enough water for ghusl on account of bleeding and then for ghusl on account of janābah. This explains the words at the end of the book about not approaching a woman bleeding from menstruation or lochia because the literal meaning is would be that when the bleeding stops, he is permitted to have intercourse, and so here he explains that even if menstruation has stopped, intercourse is not permitted, even with tayammum. Intercourse is forbidden in the well-known position beause tayammum does not remove impurity. It only makes the prayer permitted. The words of author show that tayammum is called ‘purification,’ and that is indeed the case since the Prophet said, “Its earth is pure.” It is also called wudu’ by since the Prophet said, “Tayammum is the wudu’ of the Muslim.]

6.6c. Avoiding Janābah if There is No Water

[It is also deduced from this that he if he does not find water, he should not voluntarily bring about a state of janābah in himself. That is the position of Mālik in al-Mudawwana, i.e. that it is disliked. if he does tayammum for the lesser impurity, he should not bring about janaba in himself so that he has to do tayammum for the greater impurity. This does not negate what was already stated about the unlawfulness in the statement of the author about having intercourse, because the unlawfulness comes from his going to have intercourse with her when she has purified herself from menstruation by tayammum. This is is when he does not fear any harm to his body or fear fornication. If he is physically harmed by the length of time or fears fornication, then he has intercourse and does tayammum. Other matters relating to tayammum will be mentioned in the general chapter on the prayer.

Published in: on January 3, 2021 at 22:16  Leave a Comment  

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.]

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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.”]

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.]

Risālah Ibn Abī Zayd – Chapter One: About What the Tongue Should Articulate and About What the Heart Should Believe In Regards to the Obligatory Matters of the Religion

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 1: The Chapter About What the Tongue Should Articulate and About What the Heart Should Believe In Regards to the Obligatory Matters of the Religion

The obligatory matters of the deen that the tongue should give expression to and in which the heart should believe.

This chapter clarifies what should be expressed in words and what hearts should believe. It contains about a hundred items of creed, which can be divided into three basic categories: that which must be believed about Allah Almighty, that which is impossible in respect of Allah, and that which is permissible in respect of Him.These are matters which all those who are legally responsible must believe.

1.1 Beliefs regarding Allah

1.1a Tawhid – His Oneness and Disconnection from creatures (tanzih)

These obligatory tenets include believing in the heart and expressing with the tongue that Allah is One God with no god other than Him, nor any likeness to Him, nor any equal to Him.

[Belief is expressed on the tongue and confirmed by sincerity in the heart and action with the limbs. Thus it is composed of all three aspects. Nonetheless, simple belief in the Oneness of Allah will save a person from being in the Fire for all eternity.

The belief that Allah is One is the fundamental basis of Islam, and when Divine Unity is expressed, the name “Allah” must be used. It is not permissible to say, “There is no god but the Almighty” or use any other names except Allah. Nothing at all resembles Him or is equal to Him.]

[Al-Kalbi mentions that the clear evidence for this is found in four ayats: “If there had been any gods except Allah in heaven or earth, they would both be ruined” (21:22); “Say: ‘If there had been other gods together with Him as you say,they would have sought a way to the Master of the Throne'” (17:42); “Allah has no son and there is no other god accompanying Him, for then each god would have gone off with what he created and one of them would have been exalted above the other” (23:91); and “But they have adopted gods apart from Him which do not create anything. They are themselves created.” (25:3)

1.1b. Lack of Associates

He has had no child. He had no father. He has no wife. He has no partner

[See Qur’an 112: “Say: He is Allah, One with no other, Allah the Everlasting Sustainer of all. He has not given birth and was not born and there is no one is equal to Him,” and”And say: ‘Praise be to Allah Who has had no son and Who has no partner in His Kingdom and Who needs no one to protect Him from abasement.'” (17:111). He is totally unique. If he were to have a wife or partner, that would imply need, and He is absolutely beyond need.]

1.1c. Lack of Temporality

There is no beginning to His firstness nor any end to His lastness.

[His existence does not begin with firstness so that there is a point at which He could be said to begin nor does He have a point at which He could be said to end. He exists eternally, out of time, before time and after time.]

1.1d. Ineffablity and Indefinablity

Those who try to describe Him can never adequately do so nor can thinkers encompass Him in their thought. Real thinkers may derive lessons from His signs but do not try to think about the nature of His Essence. “But they do not attain any of His knowledge except what He wills.” (2:254)

[It is impossible to grasp His true description, let alone His Essence. Thinkers must learn through the Signs which indicate the splendour of His Power, but must not attempt to reflect on the nature of His Essence because the Prophet said, “Reflect on His creation, but do not reflect on His Essence.”]

1.1e. His Footstool

“His Footstool embraces the heavens and the earth, and their preservation does not tire Him. He is the Most High, the Magnificent” (2:254)

[He has full control and authority over all creation, high and low, and His preservation of them is no burden for Him.]

1.1g. His Attributes

The All-Knower and the All-Aware, the Arranger and the All-Powerful. The All-Hearer and the All-Seeing. The High and the Great. He is over His Glorious Throne by His Essence.

[He has knowledge of all things, and complete power and authority over all things. His hearing and vision is connected to all things in existence.]

1.1g. His Knowledge

He is everywhere by His knowledge. He created man and He knows what his self whispers to him and He is nearer to him than his jugular vein. No leaf falls without him knowing of it nor is there any seed in the darkness of the earth, nor any fresh thing nor any dry thing, that is not in a clear book.

[He knows our inner dialogue and thoughts. He is closer to man that his jugular vein, which is his physical body, and so He is closer to man than his own physicality. “We created man and We know what his own self whispers to him, and We are nearer to him than his jugular vein.” (50:16) In addition to the universal scope of His knowledge, He knows the precise details, like each individual leaf which falls – and it only falls by His will and in accordance with His knowledge. Everything is encompassed by His knowledge, dead or alive, growing or dormant. “The keys of the Unseen are in His possession. No one knows them except for Him. He knows everything in the land and sea. Not a leaf falls without His knowing it. There is no seed in the darkness of the earth, and no wet thing or dry thing, but that it is in a Clear Book.” (6:59)]

1.1h. Mastery Oover All Creation

He is firmly established on His throne and has absolute control over His kingdom. [No one knows the true interpretation of this expression. Imam Malik was asked about it and said, “‘Firmly established’ is known but ‘how’ is not known.” Nothing is hidden from Him and His control is absolute. “He then established Himself firmly on the Throne.” (10:3, etc.)]

1.1i. His Names and Attributes

[He has the most beautiful names and the most sublime attributes and He has always had all these names and attributes. He is exalted above any of His attributes ever having been created or any of His names having been brought into temporal existence.

He is described by the best and noblest of the meanings of His Names. He has attributes like power, will, height, and so forth. He is high exalted over any imperfection or lack. These Names have always been His and will remain His. Thus neither His names nor His attributes are created. They are simply His. “To Allah belong the Most Beautiful Names” (7:180)]

1.1j. His Speech and Manifestation

He spoke to Musa with His speech which is an attribute of His essence and not something created. He manifested Himself to the mountain and it disintegrated through exposure to His majesty.

[Allah spoke to Musa with His timeless words and Musa actually heard His timeless speech.”When Musa came to Our appointed time and his Lord spoke to him, he said, ‘My Lord, show me Yourself so that I may look at You!’ He said, ‘You will not see Me, but look at the mountain. If it remains firm in its place, then you will see Me.’ But when His Lord manifested Himself to the mountain, He crushed it flat and Musa fell unconscious to the ground.” (7:143)]

1.2 Belief in the Qur’an

The Qur’an is the speech of Allah, not something created which must therefore die out, nor the attribute of something created which must therefore come to an end.

[The Qur’an is the speech of Allah which is not created and is timeless, outside of temporal time. Hence it will not end as creatures must end, but will abide endlessly.]

1.3 Belief in the Decree (Qadar)

1.3a. The Prior Decree of Good and Evil

Also included is belief in the Decree both the good of it and the evil of it, the sweet of it and the bitter of it. All of this has been decreed by Allah, our Lord. The way things are decided is entirely in His hand and the way they happen is according to His decree. He knows all things before they come into existence and they take place in the way He has already decided.

[It is necessary to believe that all things, good and evil, are decreed by Allah and nothing escapes His will and thus only what He wills occurs in His kingdom. All things and their being brought into existence from the concealment of nonexistence to the domain of manifestation in their myriad aspects and forms – long and short, at one time rather than one, in one place rather than another. All of that occurs and issues directly from His Decree according to His knowledge and dependent on His will.]

1.3b. Prior Knowledge

There is nothing that His servants say or do which He has not decreed and does not have knowledge of. “Does not He who creates know, when He is the Subtle and the Aware.” (67:14)

[He knows everything which happens before it happens. It only occurs in accordance with His knowledge of it.]

1.3c. The Prior Predisposition of People

He leads astray whoever He wills and in His justice debases them and He guides whoever He wills and in His generosity grants them success. In that way everyone is eased by Him to what He already has knowledge of and has previously decreed as to whether they are to be among the fortunate or the miserable.

[Every man has prior disposition to what Allah already knows about him being happy or wretched because Allah only created man according to His knowledge. See Qur’an 14:4, 3:160, etc.]

1.3d. Exaltedness of Allah’s power

He is exalted above there being anything He does not desire in His kingdom, or that there should be anything not dependant on Him, or that there should be any creator of anything other than Him, the Lord of all people, the Lord of their actions, the One who decrees their movements and the time of their death.

[The power of Allah is so immense and vast that there is nothing which is not directly under his authority and subject to His will. All things – might and abasement, wealth and poverty, pious actions and all things are subject to His will and power.]

1.4 Belief in the Messengers and Muhammad

1.4a. The sending of Messengers

He has sent Messengers to them in order that they should have no argument against Him.

[The first of the Prophets was Adam and the last was Muhammad, may Allah bless him and grant him peace. One must believe and accept that Allah sent the Messengers to those who are legally responsible, i.e adult and sane, and they conveyed the Message. The wisdom of sending the Messengers is that it removes any excuse which creatures might offer about not having heard the Message.]

1. 4b. The Final Messenger

He sealed this Messengership, warning, and Prophethood with his Prophet Muhammad, may Allah bless him and grant him peace, whom He made the last of the Messengers – “A bringer of good news and a warner, calling to Allah by His permission and an illuminating lamp.

[Revelation, which is warning and prophethood, which is informing about what Allah has said, reaches its end with the Prophet Muhammad. There will be no Prophets after him. He brings the good news that whoever follows him will be happy and whoever does not will be punished. He calls to Allah, conveying tawhid to the legally responsible, and fighting the unbelievers. He is an illuminating light because his Shari’a is a light which guides the bewildered –whoever follows it and proceeds along the Straight Path will emerge from the darkness of disbelief to the light of belief.]

1.4c. Divine Guidance through the Book

He sent down on him His Wise Book and by means of him He explained his upright deen and guided people to the Straight Path.

[One must believe and affirm that Allah revealed to His Prophet Muhammad a Book containing judgement and wisdom to which no falsehood at all comes. Allah opened and expanded the Straight deen of Islam through His Prophet. Thus He manifests its judgements and clarifies it on the tongue of His Prophet. Allah only sent down the revelation to us so that it would be clear to people. The guidance of Muhammad is the sun of knowledges, the source of right guidance and the fount of certainty which guides people to the Straight Path.]

1.5. Belief in the Resurrection and Judgement

1.5a. The Last Hour

Also part of what must be believed is that the Hour is coming – there is no doubt about it .

[Cf. 40:59.This must be confirmed and believed and the one who denies that the Final Hour will come is an unbeliever. However, but only the All-Knower of the Unseen knows when it will come. ]

1.5b. Resurrection of the Dead

It must be believed that Allah will raise up all who have died: “As He brought them into existence the first time so they will be brought back again;”

[It must be believed that He will bring the dead back to life after they were dead and bring them back for the Gathering. There is no disagreement among Muslims that it will occur, but there is disagreement about whether He will bring them back from absolutely nothing or from dissolution through a reconstitution of their parts.]

1.5c. Divine Reward: Multiplication of Good Actions

It must be believed that Allah, glory be to Him, multiplies the reward of the good actions of His believing servants.

[It must be believed that Allah will multiply good actions for the believers according to sincerity and degrees of humility, so that multiplication can be from ten to 700, in other words, a great deal. Ibn Hanbal transmitted that Allah multiplies the good action a thousand thousand times. This means the reward for doing them. The “good action” is what is praised in the Shariʿa, and what is the opposite of that is a “bad action”, which is what the Shariʿa considers reprehensible.]

1.5d. Pardoning Wrong Actions

He pardons them for their major wrong actions by virtue of their repentance (tawba) and forgives them for their minor wrong actions by virtue of their avoidance of the major wrong actions.

[Part of His bounty to His believing servants is that if anyone does any major wrong actions and then repents and makes amends, He will pardon Him by His favour and generosity. Small wrong actions are expiated by avoiding major ones.]

1.5e. Those who do not repent are subject to His will

Those who do not repent of their major wrong actions become subject to His will. “He does not forgive anything being associated with Him, but He forgives anything other than that to whoever He wills.”

Those believers who commit major wrong actions and die without repenting of them are subject to the Will of Allah. If He wishes, He will forgive them out of His favour. If He wishes, He will punish them out of justice. He may forgive everything except for associating others with Him.]

1.5f. Deliverance from the Fire because of belief

Those He punishes with His Fire, He will remove from it because of any belief they have and by this He will cause them to enter His Garden. “Whoever does an atom’s weight of good will see it.” (99:7)

[It must also be accepted that if Allah wills that the rebels among the believers be punished in the Abode of Punishment, their punishment will be commensurate with what they have brought on themselves by their evil deeds and then mercy will envelop them and they will emerge from the Abode of Punishment and enter the Abode of Peace. Whoever has the weight of atom of belief in his heart will not be in the Fire forever. Thus belief is a reason for not being forever in the Punishment and a reason for entering the Garden with Allah’s pardon and mercy.]

1.5g. The Intercession of the Prophet

Any of the community of the Prophet, may Allah bless him and grant him peace, who have committed major wrong actions and for whom he intercedes, will be brought out of the Fire by his intercession.

[The intercession of the Prophet and others must be affirmed. He is singled out for mention because he is the first intercessor and by the intercession of our Prophet the people of major wrong actions of his community of unifiers will emerge from the Fire. The Mu’tazilites deny intercession, based on the lack of permission to pardon and overlook wrong actions, but we defer to transmitted evidence and they hold to merely logical evidence. Transmitted evidence is more sublime and radiant.]

1.6 The Afterlife: the Garden and the Fire

1.6a. The Garden

Allah has created the Garden and has made it ready as an everlasting abode for His friends (awliya’). He will honour them in it with the vision of His Noble Face. This is the same Garden from which He sent down Adam, His Prophet and Khalif, to the earth, which was as it had already been decreed in His foreknowledge.

[Allah has created the everlasting abode of the Garden for the believers in which they will have no toil or fatigue, but will be rejoicing and will be blessed by contemplation of His Face. See 75:23.]

1.6b. The Fire

He has created the Fire and has made it ready as an everlasting abode for those who disbelieve in him and deny His signs and Books and Messengers and He keeps them veiled from seeing Him.

[He created the Fire as an eternal abode of punishment for those who deny and reject Him and ignored the evidence which indicates the existence and oneness of the Creator and denied His revealed Books and Messengers. They will abide in the hatred resulting from disbelief and will be veiled from seeing their Lord on that day.]

1.7 Details of the Resurrection

1.7a The Coming of Allah and the Angels

Allah, may He be blessed and exalted, will come on the Day of Rising together with the angels, rank upon rank. [It is confirmed by transmission that on the Day of Resurrection Allah will come with angels in ranks.

[It is confirmed by transmission that on the Day of Resurrection Allah will come with angels in ranks. That must be believed, and its knowledge comes from the Lawgiver. Malik and others say about this ayat (89:22) and others that they are read as they have come without qualification. We take what they say literally butdo not compare it to any creature.]

1.7b. Presentation of Peoples

All the different peoples are confronted with their accounts and their punishment or reward.

[All the different peoples will come to present themselves so that their states was be investigated and reckoning taken for their actions. The actions of those who present themselves for the Reckoning will have their good and bad actions enumerated. The believer will be called to account with graciousness and favour and the hypocrite and unbeliever with evidence and justice. So Allah Almighty will say to the believer, “I veiled it for you in the world and I forgive it for you on the Day of Rising.” The unbelievers will be reckoned in front of of witnesses and those who they denied will be summoned to their Lord, “The curse of Allah on wrongdoers.”]

1.7c. The Balance

The balances will be set up to weigh people’s actions – “Whoever’s actions are heavy in the balance – they are the successful.”

[See 21:47; 101:6. The balances will be set up to manifest justice so that no one will be wronged even the weight of a mustard grain. Allah will bring all the person’s actions, even to an atom’s weight, on the Day of Resurrection. Whoever has his balance heavy will be successful and achieve a happiness after which there will be no misery. Whoever has his balance light will be wretched and will have no happiness after his wretchedness.]

1.7d. The Books of Actions

People will be given pages on which their actions are recorded – “Whoever given his book in his right hand will be given an easy accounting and whoever is given his book behind his back – they will burn in a Fire.” (84:7-13)

[Nations will be given their pages which contain their actions. When they are given them, Allah will create knowledge in them and they will understand what they contain. If someone is given his book in his right hand, that indicates that he is one of the people of the right hand and happiness. If someone is given his book in his left hand, that is an indication that he is one of the people of misery.” The receiving of the books should actually be put before the balance and weighing of acting because the weighing is after the Reckoning and the Reckoning is after receiving the Books.]

1.7e. The Sirat

The Bridge (sirat) is true and people will cross it according to their actions. Those who cross it, and achieve safety from the Fire, do so at different speeds, while the actions of others cast them to their destruction in the Fire.

[There is a great deal of description of the Sirat and it is said that it is finer than a hair and sharper than a sword. Al-Qarafi, on the other hand, says that it is wide with two paths on it, one to the right and one to the left. The people of happiness travel on the right and the people of wretchedness on the left.

There are ropes on it and each rope leads to one of the levels of Jahannam and Jahannam lies between the creatures and the Garden. The Sirat is set up over Jahannam, and none of the people of the Garden enters the Garden until he has crossed over the Sirat.

People will cross over the Sirat according to the disparity in their actions and avoidance of the things forbidden by Allah. Some will pass over like lightning. Some will escape the hooks, some will be scratched but released, and some will be caught by the hooks and tipped into the Fire of Jahnnam.]

1.7f The Basin

Also included is belief in the Basin (hawd) of the Messenger of Allah, may Allah bless him and grant him peace, which his community will come down to drink from after which they will never feel thirst again. But those who make any changes or alterations in the dîn will be driven from it.

[It is necessary to believe in the Basin of the Messenger of Allah, may Allah bless him and grant him peace. He will drive away from it those who alter things, like the apostates and those of his followers who follow him with the best will drink from it when they leave their graves thirsty. Whoever drinks from it will never feel thirst again.]

1.8 Belief

1.8a. Definition of Belief

Belief consists of what you say with the tongue, what you believe sincerely in the heart, and what you do with the limbs.

[Belief is articulation of the shahada, belief in the truthfulness of the Messenger and what he brought in the heart and then acting according to the judgements of the Shari’a, like praying and fasting. Someone with all of these three is a believer. If someone believes that belief does not consist of these three and imagines that what the author said was due to his inclination to what belief obliges because there is consensus that someone who believes with his heart, speaks with his tongue and acts with his limbs is a believer. If he does not believe that belief consists of these three, he takes it as a preface to the words which follow:]

1.8b Increase and Decrease of Belief

It increases when your actions increase and decreases when they decrease. So it is through actions or the lack of them that increase and decrease in belief occurs.

[It increases according to actions and decreases according to actions. This increase and decrease is in relation to its fruits. This is the school of the early and laster people of the community, and this is the final position taken in the matter by Malik. He first had said that it increases and does not decrease. Applying the name”belief” to action is agreed upon. The Almighty says, “Allah would not let your belief go to waste,” which referred to the prayers they did facing Jerusalem.]

1.8c. The intention and following the Sunna

The statement of belief is not complete without action. Neither the statement nor action are complete without intention. And neither the statement nor intention are complete unless they are in accordance with the sunna.

[Actions and words are according to intentions. The intention is the fulcrum upon which actions are based, and so a man should only base his actions on the pure Sunna and Straight Shari’a and follow the Rightly-guided khalifs.]

1.8d. Islam and Wrong actions

No Muslim becomes an unbeliever (kafir) through wrong actions.

[It must be believed that no Muslim who commits a wrong action becomes an unbeliever as long as he believes. The same applies to someone who commits acts of disobedience while he nevertheless believes that the Shari’a forbids them. If someone does something such shows that he lacks belief, like throwing a copy of the Qur’an into the rubbish, then he is an apostate. We are not discussing him. The Prophet said, “Whover faces our qibla and eats our sacrifices is truly a believer.” The Kharijites were heretics when they said that every sin is a major wrong action and every major wrong action removes actions and the one who does that is an unbeliever. The Mu’tazilites said that every major wrong action renders actions void and the one who commits it is between two stations, and he is not called a believer or an unbeliever. He is called a deviant (fasiq).]

1.8e. Martyrs

Martyrs (shuhada’) are alive, receiving their provision in the presence of their Lord.

[It is obligatory to believe that the marytrs, those who fought the unbelievers and were killed in the way of Allah to elevate the word of Allah, are alive and delighting in the Presence of their Lord because of the privileges they have been granted, one of which is that they will be secure from the Greatest Terror on the Day of Rising. See Qur’an 3:169.]

1.8f. In the grave: the spirits of the fortunate

The spirits of the fortunate remain in bliss until the day they are raised again.

[The souls of the fortunate will remain in bliss until the Day of Rising seeing their place in the Garden. When one of them dies, he is shown his place in the Garden morning and evening.]

1.8g. In the grave: the spirits of the miserable

The spirits of the miserable are tormented until the Day of Judgement.

[The souls of the wretched are punished by seeing their place in the Fire and other punishments.]

1.8h. The questioning in the grave

The believers are tried and questioned in their graves. “Allah makes those who believe firm by giving them firm words in the life of this world and the next world.”

[ This refers to the questioning by the two angels in the grave. The dead person will be placed in his grave and people will leave him and then two angels come and sit with him and ask him, “Who is your Lord? What is your deen? Who is your Prophet?” The believer will reply, “My Lord is Allah. My deen is Islam, My Prophet is Muhammad,” and his grave will be wide for him. When the unbeliever is in the grave and is asked these questions, he will reply, “I do not know,” and so he will be dealt a blow from an iron hammer and will scream so that all creatures except men and jinn will hear him. Also reported is the constriction of the grave, which is the pressing on the sides of the body of the dead person and none is safe from that except the one whom Allah grants an exception – they include Fatima bint Asad, the mother of ‘Ali ibn Abi Talib, because of the blessing of the Prophet going into her grave, and whoever recites Surat al-Ikhlas in his final illness.”]

1.9 The Angels

1.9a. The Recording Angels

People have recording angels over them who write down their actions. Nothing people do escapes the knowledge of their Lord.

[Men and jinn, believers and unbelievers, free and slave, have recording angels who write down their actions, even the permissible ones and the groan in illness, and even the actions of the heart, like all the thoughts which occur to it. Allah has given the heart a token by which it can distinguish between the good and bad action. The source for the knowledge of that is the words of the Almighty, “Standing over you are guardians, noble, recording. They know everything you do,” (82:10-12) and the words of the Prophet, “The angels of the day and night succeed one another.” There is consensus on that. None of the actions are hidden from Allah. That is part of the subtlety of Allah regarding His slaves since they know that Allah has recording angels who record their actions and that will prevent them from acts of disobedience and the proof will be established against them when they reject and deny.]

1.9b. The Angel of Death

The angel of death seizes people’s spirits by the permission of his Lord.

[Allah has delegated an angel called ‘Azra’il to take the spirits of creatures, men, jinn and other birds and all animals who have a spirit. The Almighty says, “Allah takes back all selves at the time of their death,” (39:42) and He says, “Then when death comes to one of you, Our messengers take him,” (6:61) however the outward appearance differs from this. The action is ascribed to Allah because He is the one who does it in reality, and the attribution of taking the spirits is to the Angel of Death because he does it directly by the permission of Allah. Taking is ascribed to the angels who are messengers because they assist the Angel of Death in taking the spirits.]

1.10 Authorities

1.10a The Best generation

The best generation are those who saw the Messenger of Allah, may Allah bless him and grant him peace, and believed in him. Then those who followed them and then those who followed them.

[The best generation is those who were alive in the time of the Prophet Muhammad, may Allah bless him and grant him peace, and believed in him, respected and helped and followed the Light which was sent down with him and the suns of his prophethood shone on them and they won and chose the virtue of being a Companion. Their generation is the best generation. This is in accordance with his words, “The best of you is my generation and those who follow them and then those who follow them.]

1.10b. The best Companions

The best of the Companions (Sahaba) are the rightly-guided khalifs. Firstly, Abu Bakr, then ‘Umar, then ‘Uthman, then ‘Ali, may Allah be pleased with all of them.

[Not all the Companions had the same degree, but they varied in their degrees of excellence. The Rightly-guided Khalifs are the best and in order of excellence they were Abu Bakr, then ‘Umar, then ‘Uthman, then ‘Ali, may Allah be pleased with all of them.]

1.10c. Respect for all the Companions

None of the Companions of the Messenger should be mentioned except in the best way and silence should be maintained concerning any disagreements that broke out between them. They are the people who are most worthy of being considered in the best light possible and the people whose opinions should be most respected.

[One should avoid getting embroiled in the quarrels between them and one must always take the best interpretation in holding an opinion regarding them. They must always be thought about in the best possible light.]

1.10d. Those in authority

Obedience to the leaders of the Muslims, both their rulers and their men of knowledge, is obligatory.

[It is obligatory to obey the Imams of the Muslims who are in authority who are responsible for the best interests of the Muslims. If they command what is correct, it is obligatory to obey, and if they forbid the reprehensible, it is obligatory to refrain. It is only obligatory to obey the scholars who act by their knowledge and command the correct and forbid the reprehensible and preserve the limits of Allah. The evidence for the obligation is the words of the Almighty, “Obey Allah and obey the Messenger and those in command among you.” (4:58) The one who transgresses is not obeyed because the Prophet said, “There is no obedience due to a creature which involves disobedience to the Creator.” (Ibn Hanbal & al-Hakim)]

1.10e. The Salaf

It is also obligatory to follow the Right-acting Companions, to tread in their footsteps and ask forgiveness for them.

[It is obliged to follow the righteous Salaf who are the Companions, in their words and actions, whether it is learned from them or by derivation and ijtihad. Similarly one must pray for forgiveness for them.]

1.10f. Avoiding Disputation

It is also obligatory to avoid wrangling and argumentation regarding the deen..

[It is necessary to avoid wrangling and arguments about the deen. Wrangling is to deny the truth after it is clear. Argumentation is to quarrel with the people of innovations. That is forbidden because it could lead to attacking the Companions and cause doubt in the heart. If the aim of the argument is to set forth the truth without obduracy, then it is permitted.]

1.10g. Avoiding Innovations

…and to avoid every new thing which people have introduced into it.

[Avoid innovations because the Prophet said, “If anyone innovates something in this business of ours which is not part of it, it is rejected.” This is applied to innovations which did not occur in his time and which the Shari’a indicates are unlawful, according to some. Some believe that innovation is what did not occur in this time, whether the Shari’a indicates that it is unlawful, obligatory, recommended, disliked or permitted. Innovations are found in all five categories. This is what is stated by Ibn ʿAbdu’s-Salam, al-Qarafi and others.]

May Allah bless and give much peace to our Master Muhammad, His Prophet, and his family and his wives and his descendants.

The Chapter on Fasting from the Risālah of ʿAbdullah ibn Abī Zayd al-Qayrawānī (310/922 – 386/996)

From The Risālah : A Treatise on Mālikī Fiqh  by ʿAbdullah ibn Abi 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) Abu Muhammad ‘Abdullah, a Maliki faqih known as “Shaykh al-Faqih” and “little Malik”. He was the head of the Maliki school in Qayrawan. He wrote ar-Risala and an-Nawadir and several other books. (His biography in the Tartib al- Madarik)

Note: The quoted text of the Risālah is in bold print and the explanation of the text is below in brackets [].

Chapter Twenty-Four: On Fasting

{This also deals with things connected to it like the Tarawih prayer. Linguistically “siyam” means to restrain and abandon. Whoever forgoes something is said to be fasting. Allah Almighty says in the story about Maryam, “I have vowed a fast to the All-Merciful,” (19:26) meaning a silence, which is withholding from words. In the Shari’a, it is to restrain the appetites of the stomach and genitals from dawn to sunset with an intention before or at dawn except in days of menstruation, lochia and ‘ids.

Fasting is divided into the obligatory and non-obligatory.] [Khalil: tobacco is also avoided in the fast.]

23.1 Its Ruling

Fasting the month of Ramadan is obligatory.

[It is obligatory by the Book, the Sunna and consensus. Whoever denies that it is obligatory to fast Ramadan is an unbeliever by agreement. Whoever affirms its obligation and refuses to fast it is a rebel and is compelled to do it.

It is affirmed that the fast of Ramadan begins by one of two things, either by the month of Sha’ban lasting 30 days or by sighting the new moon.]

23.2 Beginning the Fast

23.2a. When the fast begins

You start fasting when the new moon is sighted and you stop fasting when the new moon is sighted, whether this is after thirty or twenty-nine days. If the new moon cannot be seen because of clouds you count thirty days from the beginning of the preceding month and then begin fasting. The same applies to ending the fast.

[His literal words are whether the sighting is exhaustive, when a group sight it so that impossible to accuse them of lying because their report gives information, or with two witnesses of good character only, with clouds or clear skies, meaning there is no difference between the large and small town.

Similar to the two witnesses of good character is one whose report is trusted, even if a slave or a woman, when the place does not pay attention to the business of the new moon in respect of the people of the seer and others. If the place is concerned with the business of the new moon, the seeing of one does not affirm it, even for his family, and even if they believe him, but he must present his business to the ruler. It is not permitted for him to break the fast. If he breaks it, he disbelieves, even if by interpretation because the interpretation is unlikely. The fast is also broken by seeing the moon of Shawwal. If there are clouds, then you count from the beginning of the month of Sha’ban. The basis for this is what is in the two Sahih collections that he said, “Fast when you see it and break the fast when you see it. If it is cloudy, then complete the number.

There are seven preconditions for the fast.]

23.2b. 1. The intention

You should make an intention to fast the whole month at the beginning of the month and it is not necessary to make a new intention every night for the rest of the month.

[He should formulate the intention with his heart the first night of Ramadan after sunset and before dawn or at dawn as an act of nearness to Allah Almighty by performing what is obliged of him during the day of refraining from eating, drinking and intercourse. It is not an obligation to make the intention on the rest of the days. Malik says that the intention is must be made at night, and that is stated by ash-Shafi’i and Abu Hanifa, because the days of the month are individual acts of worship separate from one another. The invalidation of one does not invalidate another, and they are not impaired by what is contrary to them at night, like eating, drinking and intercourse. So the days become like the five prayers during the day. It is obliged to give day an intention for the fast as it is obligatory to have an intention for every prayer. The evidence of the Maliki School is the words of the Almighty, “So every one of you who is present (at his home) during that month should spend it in fasting..” (2:185) This command is transferred to one fast, which is the fast of the month. The intention is made in the nightbased on what the authors of the Sunan reported of the words of the Prophet: “Whoever does not intend the fast before dawn has no fast.” Advancing it is overlooked in the fast because of the difficulty. Ibn Naji said,” The literal words of the shaykh is that it is not obliged for someone who breaks the fast, like the menstruating women, to renew the intention. That is the case according to Ashhab and others. There remain the sick person and traveller when they continue to fast. They are obliged to make the intention every night beause it is not oblgiatory for them to continue. When the sick person becomes well and the traveller arrives, the intention for what is remains is enough for them, like the menstruating woman who becomes pure, the child who reaches puberty in the fast, and the kafir who becomes a Muslim during the month.

The other preconditions are:

2. Islam.

3. Sanity.

4. Being free of menstruation and lochia.

5. Refraining from things that break the fast.

6.The ability to fast.

7. Adulthood.]

23.2c. Duration of the fast

You fast until night comes

[Based on the ayat and because the Prophet said in the Sahih, “When night advances from there and the day retreats from here and the sun sets, the faster breaks the fast.”]

and it is sunna to break the fast as soon as possible

[When you are certain the night has come. There is disagreement about continuing after sunset. Some say that it is unlawful as it is unlawful on the Day of the ‘Id. Some say it is permitted and he has the reward of the faster. The fiqh of the question that he he has the reward of the faster is weak. The statement that it is unlawful is more likely unless his intention is that it is obliged for him. Otherwise, it is disliked when it is without necessity.]

23.2d. Delaying suhur

and to delay your suhur.(1) If you are not sure if the time of fajr has come or not you should not eat.

[Sahur means what is eaten and suhur is the act of eating. The amount of the best delay after finishing eating and drinking there remains until Fajr the amount of time it takes to recite 50 ayats. The basis for this is the words of the Prophet, “My community will continue to be all right as long as they hurry to break the fast and delay the sahur.” (Ahmad) If he is unsure of the time of Fajr, he should not eat or drink or have intercourse. This can mean prohibition or dislike. The well-known position is that it is a prohibition. If he is unsure about sunset, it is unlawful to eat and otherwise break the fast by agreement.]

23.2e. Not fasting the Day of Doubt

You do not fast the ‘day of doubt’, [2] fasting on the grounds that it might be part of Ramadan.

[This prohibition is one of dislike according to the probable text of the Mudawwana. Ibn ‘Abdu-s- Salam said, “What is probable is that it is a prohibition based on what at-Tirmidhi related in a hasan sahih hadith: ‘Ammar ibn Yasir said, “Whoever fasts the Day of Doubt, has rebelled against Abu’l- Qasim (the Prophet).” We consider the Day of Doubt which is forbidden to fast to be the day when it was cloudy on the night of the 29th and vision was not established, and so the morning of that night is the Day of Doubt.]”

23.2f. Its judgement when it is fasted

If you do this it is not counted even if it turns out to have been Ramadan.

[If you fast the Day of Doubt out of caution and then it is established to be Ramadan, it is not counted because the intention was not firm.]

If you want to fast that day as a voluntary fast, however, you can do so.

[i.e. this is when it is his custom to fast.]

23.2g. When you discover it is Ramadan in the morning

If you get up in the morning and discover, before having eaten or drunk anything, that Ramadan has begun you must fast the rest of the day but you cannot count it as one of the days of your Ramadan and you have to make up a day.

[If this happens, you have to make it up by the lack of the intention. Nevertheless you must avoid food and drink and anything that would invalidate the prayer for the rest of the day. It is also obligatory for him to fast if he has eaten or drunk or the like. He makes it up, but there is no kaffara since he forgot or it was intentional by interpretation. If it is something else, then he must do kaffara.]

23.2h. When someone returns from a journey or stops menstruating

If someone returns from a journey and they are not fasting or if a woman finishes menstruating during the day then in both these cases it is alright for them to eat and drink during the remainder of that day.

[This in the daytime. It is not recommended for them to refrain. It is the same in the case of the child who reaches maturity, the madman who recovers his senses, the sick person who starts out not fasting and then becomes well. It is the same for the one who faints and then regains consciousness, the one compelled by the necessity of hunger or thirst, and the nursing woman whose child dies in the day. It is the same for an unbeliever who becomes Muslim, although it is recommended for him to refrain which is not the case with the others. As for the one who breaks his fast by forgetfulness or on the Day of Doubt or is forced to break it, and their excuse is removed, then it is obligatory for them to refrain.

When the one forced breaks his fast after the compulsion is removed, he must make it up with kaffara unless there was a valud interpretation.]

23.3 The ruling on breaking a voluntary fast

23.3a. Breaking it intentionally

If you are doing a voluntary fast and break your fast intentionally, or if you start off on a journey and break your fast because of it, you must make up that day.

[Without compulsion or excuse, or because you set off on a journey while observing a voluntary fast and then break it because of it: it is obligatory to make it up in both cases. Ibn ‘Umar said that there is disagreement about when he breaks it intentionally: is it recommended to fast for the rest of it or is that not recommended as al-Uhjuri said? ]

23.3b. Breaking it unintentionally

If in a voluntary fast you break your fast unintentionally you do not have to make up a day but if this happens in the obligatory fast you have to make up a day.

[There is no disagreement that it is not obligatory to make it up if it is unintentional, but there is a disagreement about whether it is recommended and there are two positions. Ibn al-Qasim heard that it is recommended. When the obligatory fast is unintentionally broken, it must be made up. Zarruq said, “The literal meaning of his words is that the obligatory is in Ramadan or elsewhere.”]

23.4 Things which break or do not break the fast

23.4a. Siwak

There is no harm in using a siwak at any time during the day while you are fasting

[This is stated in the Mudawwana. It means it is permissible, as Ibn al-Hajib stated, “The siwak is permitted every day as long as nothing splits off from it. It is disliked to moisten it.” Some of them said that it is permitted after midday for the one who does not have a legal requirement. As for a legal requirement like wudu’, the prayer, recitation and dhikr, it is recommended. That is correct as the hadith shows in the words of the Prophet, “If it were not that it would be hard on my communtiy, I would comamnd them to use the siwak for every prayer.” So this includes the person who is fasting. When he says, “during the day while you are fasting” that alludes to the words of ash-Shafi’i and Ahmad ibn Hanbal that it is preferred before midday and disliked after it based on what is in the Sahih where the Prophet said, ‘The odour of the the mouth of the faster is sweeter with Allah than the scent of musk.” That is because of Allah’s pleasure with him and His praise for the faster.]

23.4b. Blood-letting

and blood-letting is not disliked except if doing it will cause over-exhaustion.

[i.e. illness. In the dictionary, it means to expose oneself to death. Therefore cupping is only disliked when illness is feared because he is unsure about health and its absence. If he knows it is safe, there is no dislike.]

23.4c. Vomiting

If you vomit involuntarily while fasting in Ramadan you do not have to make up a day

[If it is in Ramadan or another day, there is no obligation or recommendation to make it up, whether it is for a reason or simply on account oif fullness, and whether the food has been altered or not. This is when he knows that none of it went back to his stomach after reaching his mouth. If he knows that some of it went back after it reached his mouth, then he must make it up when it is unintentional.

Otherwise he owes kaffara. He must also make it up if he is unsure about that. Undigested food is like vomit. It is what emerges from the mouth of the intestines when they are full. As for phelgm which reaches the end of the tongue and he swallows it deliberately, there is no making up. It is the same with spit which he collects in his month and then swallows. He does not have to make anything up.]

23.4d. Swallowing vomit

but if you make yourself vomit you have to make up a day.

[There are two statements about whether this is obligatory or recommended. Ibn al-Hajib says that the first is well-known, and it is preferred. Ibn al-Jallab preferred the second. The literal words of the Shaykh is that there is no kaffara for the one who makes himself vomit in Ramadan. There is some disagreement in the question about whether or not there is kaffara. ‘Abdu’l-Malik said that he makes it up and does kaffara. Ibn al-Majishun says that the one who makes himself vomit intentionally without illness must make it up and do kaffara. Abu’l-Faraj says that if Malik had been asked about the like of it, he would have obliged kaffara. It is related from Ibn al-Qasim that he just makes it up.

Know that breaking the fast in Ramadan is obligatory in certain cases and permitted in some. The first category is when a woman menstruates during the day: she must break the fast for the rest of the days.]

23.5 Pregnant and nursing women

23.5a. Pregnant women

If a pregnant woman is afraid on account of the child in her womb she should break the fast.

She does not have to feed anyone in expiation. It has also been said that she should feed people.

[If she fears for her child or herself or that she will become ill, she breaks the fast and that is obligatory. According to the well-known position, she does not feed people, but simply makes it up. It is said that she should feed as related by Ibn Wahb. What is understood from his words is that it is when she does not fear, she does not break it even if the fast exhausts her. That is not the case. If the fast exhausts her, she can choose to break it. What is derived from what Ibn ‘Arafa says is that the pregnant woman, nursing woman and sick person can break the fast when fasting if it is difficult for them, even if they do not fear illness or its increase. The healthy person cannot break the fast when it is difficult. There are two statements about whether he breaks the fast out of fear of illness. Part of the second, which is that illness permits it in some cases, is when he fears increased or continuing illness.

If he fears death or great harm, then he must break it. In the fear which permits breaking the fast, the person relies on the the doctor’s statement, or his own personal experience, or the experience of someone with a constitution like him. Travel has its preconditions which will be discussed.]

23.5b. Nursing women

Similarly, if a nursing mother fears for her child and cannot find a wet nurse, or if the child will not accept to be fed by anyone else, she can break the fast but she must feed people in expiation.

[This is permission if she fears for her child or herself on account of fasting. In such a case she must feed people. It is also said that it is an obligation to break the fast and feed people.]

23.6. The old

If an old man cannot fast, it is recommended for him to feed people.

[If he is unable to fast at any time, he is permitted to break the fast by the words of Allah, “No self is charged beyond what it can bear,”(2:233) and “He has not placed any constraint on you in the deen.” (22:78) The literal text of the Mudawwana is contrary to what he mentioned of the recommendation to feed. He says that there is no fidya. However, the Mudawwana relates that he is not obliged to feed and so that is not contrary to the recommendation.]

23.7. Feeding people (Fidya)

23.7a. Its amount

Feeding people in this context consists of giving away one mudd for each day which has to be made up.

[Feeding is done by the pregnant woman fearful for what is in her womb, the nursing mother who fear for her child, and the very old man who cannot fast is a mudd, by the Prophet’s mudd.]

23.7b. Its ruling

Someone who fails to make up missed days before the following Ramadan should also feed a poor person for each day they still owe.

[The ruling varies because the feeding done by an old person, as was said, is recommended. The feeding of a nursing woman is obligatory. The literal sense of his words is that making up Ramadan is at leisure, and it is what is indicated by the hadith of ‘A’isha in the Muwatta’. She said, “I used to have to make up days from Ramadan and not be able to fast them until Sha’ban came because I was busy with the Messenger of Allah.” So it is evident that it it permissible to delay it until Sha’ban, even if what was delayed becomes immediately obligatory. That shows that the obligation is wide. Malik said that it should be immediate, but that is weak. According to the first statement, he is considered to be lax in Sha’ban when he is healthy and at home, and so they must feed. When he owes 15 days, then residence and health are considered at the last half of Ramadan and feeding is obligatory if he is sound and resident. If he is ill in it or on a journey, there is no feeding. According to the second, laxity is considered in Shawwal according to what he owes of fasting based on analogy with what we said about Sha’ban. If Ramadan is 30 and he fasts a month to make it up and it is 29, then he completes the 30. It is permitted to make it up at any time in which it is permitted to fast voluntarily. It is not made up in days when it is forbidden to fast.]

23.8 Children

Children are not obliged to fast until such time as a boy has his first wet dream or a girl her first menstrual period because it is when children reach physical maturity that all the physical acts of worship become obligatory for them. Allah ta’ala says, “When your children reach physical maturity they should seek permission (to enter).” (24:59)

[One of the preconditions for the fast is being an adult. It is neither obligatory nor recommended for children to fast. Maturity is by ejaculation or age which is 18 in the well-known position. This is different from the prayer. It is recommended to command them to do it. Maturity is what brings the person from childhood to manhood and sense. All acts – prayer, fasting, hajj and raiding are obligatory for them, as well as actions of the heart, like the obligation of intentions which are obligatory because the intention is one of the actions of the heart, and creeds like the belief that Allah is One, for example. Evidence that obligations become incumbent children when they reach maturity is in the words of Allah Almighty. Asking permission is obliged then and is connected to maturity.]

23.9 Defilements

If someone who has not done ghusl wakes up after fajr in a state of janaba or if the period of a woman who has been menstruating finishes before fajr and she does not do ghusl till after fajr, then fasting that day is valid in both these cases.

[This is either from intercourse or an intentional or unintentional wet-dream in an obligatory or voluntary fast, or a woman has her period stop and sees that she is pure before fajr. If they do not have a ghusl until after dawn, even if they are able to do, their fast is still allowed and they owe nothing.

The validity of the fast of the person in janaba is that it is confirmed that the Prophet was in janaba at fajr in Ramadan and he had a ghusl and fasted. As for the validity of the menstruating woman whom becomes pure before fajr in Ramadan, it is agreed that that is when she is pure before fajr with the amount in which she could wash. According to the well-known position that also applies to the amount of time in which it is not possible to wash. If she becomes pure after fajr, her fast is not valid.]

23.10 On Feast days

23.10a. Not allowed on the ‘id Fasting is not permitted on the day of ‘Id al-Fitr or the day of the ‘Id al-Adha nor should anyone fast the two days after the ‘Id al-Adha unless he is doing Hajj Tamatt’a and does not have an animal to sacrifice.

[As it is not permitted, it is not valid since it is forbidden by the Prophet to fast them.]

23.10b. The fourth day

There should be no voluntary fasting on the fourth day either but if someone has vowed to fast or has previously broken off a consecutive fast, they should fast that day.

[The fourth day after the Day of Sacrifice is not made a voluntary fast. It is fasted by someone who has fasted Shawwal and Dhu’l-Qa’da for kaffara for a dhihar divorce or murder and then becomes ill and regains his health in the fourth night. He can fast it.]

23.11 Making up the fast

23.11a. Breaking the fast out of forgetfulness

If you break the fast in Ramadan out of forgetfulness you only have to make up that day.

[You are obliged to continue to fast and to abstain through the rest of day of Ramadan. You are obliged to continue to fast when you break it by forgetfulness in an obligatory fast other than Ramadan. There is no making up in the well-known position. One should be careful about forgetting.

When you break it intentionally you owe kaffara as well as making up. That is why he says “only” since he has he owes no kaffara because which differs from Ibn al-Majishun and Ahmad who say that there is kaffara if he breaks it through intercourse based on the hadith of the bedouin who came to the Prophet beating his chest and pulling his hair, saying, “I am destroyed! I am destroyed!” The Prophet asked him, “What is the reason for this?” He replied, “I had intercourse with my wife in Ramadan” He commanded him to do kaffara. The reply to that by the Mālikī masters is that the circumstances of striking himself and pulling his hair indicate that the intercourse was intentional.]

23.11b. Breaking the fast because of illness

The same applies if you are forced to break the fast due to illness.

[When the fast is too difficult with it, or when he fears that the illness will continue longer, or increase, or healing will be delayed, he only has to make it up without kaffara. If it is an illness in which it is not difficult to fast or in which increased illness or delay of health is not feared, and he breaks his fast, then he must make it up and do kaffara.]

23.12. A traveller

23.12a. Length of journey

If you are on a journey for which you can shorten the prayer you are permitted to break the fast even if there is no particular need to do so, making up any days missed later, but according to us it is better to fast.

[If you go on a journey at the time of the intention such that you will reach a limit where shortening the prayers begins before dawn. So the distance is four or more mail stages of a return journey, and it should not be a journey involving disobedience of Allah. You are permitted to break it, eat, drink and have intercourse. This is even if the journey is not necessary. There is no disagreement that he must make up the fast by the words of the Almighty, “the prescribed number should be made up from days later,” (2:184) The Malikis prefer that the one one who is strong enough should fast because the Almighty says, “It is better for you if you fast.”]

23.12b A journey of less than the minimum

If anyone travels less than four mail stages (48 miles) and breaks the fast thinking it is permissible to do so, they do not have to do kaffara although they must make up the day. [Anyone who breaks the fast through an interpretation does not have to do kaffara.]

[Because he followed an interpretation. He is only obliged to make it up without dispute. The literal words about the one who uses interpretation not owing kaffara are unrestricted, but there is a well known disagreement. The interpretation must be a likely one. There is no kaffara because he is excused by relying on a strong reason. If the interpretation is unlikely, which is when its reason is not strong, then there is kaffara. One of the cases in which is the reason is strong is the case we mentioned about the old man, and the one who breaks the fast out of forgetfulness and then breaks it intentionally that it is permitted: he owes no kaffara. There is also the case of the person in janaba or menstruating before dawn who only had a ghusl for that after fajr and thought that the fast for that day was not obliged and deliberately did not fast: he has no kaffara. There is the case of someone who who has suhur at fajr and thinks that the fast for that day is not binding and so he breaks it after that intentionally: he owes no kaffara. There is the one who arrives after a journey at night in Ramadan and thinks that he does not have to fast the morning of that day and that one of the preconditions of the obligation of the fast is that he come from the journey before sunset. and so he breaks it deliberately: he owes no kaffara.

Unlikely cases are those in which the cause is weak. If he sees the moon of Ramadan and his testimony is not accepted and he thinks that the fast is not binding for him and so he breaks it – he owes kaffara. Part of it is the person who normally has a fever every three days and so when the day he comes he breaks the fast and then the fever comes to him on that day. He is obliged to do kaffara, and even more so if it does not come. One is the woman who normally menstruates on a particular day and so she does not fast that day and then she menstruates later in the day. One of them is the one slanders a person in Ramadan and thinks that that invalidates his fast because he ate the eat of his the flesh of his brother and so he breaks it intentionally. He must do kaffara, and make it up.]

23.13 Kaffara

23.13a. Who owes kaffara

Kaffara only applies to people who break the fast deliberately either by eating, drinking, or sexual intercourse.

[If he resolves to eat and drink or have intercourse, but does not do it, he owes nothing, either making it up or kaffara. It is same for someone who resolves to break wudu’ by breaking wind, for instance, and does not do it- he does not have to do wudu’.

In the case of intercourse, one distinguishes the deliberate from the forgetful and the ignorant, i.e. the one who was ignorant of the prohibition and the one who did not rely on anythng, like someone who is a new Muslim who believes that fasting does not forbid intercourse, for instance, and so does it -he owes no kaffara.]

23.13b. Making up the day

The actual day when the kaffara was incurred must also be made up on top of the kaffara itself.

[Making it up is obliged as well as the kaffara.]

23.13c. What kaffara consists of:

[The kaffara on account of eating, drinking, or intercourse deliberately in Ramadan by abuse or unlikely interpretation is one of three things from which one can choose.]

23.13d. 1. Feeding sixty people

The kaffara for breaking the fast consists of feeding sixty poor people with one mudd for each person using the mudd of the Prophet, may Allah bless him and grant him peace. This is the preferred way of doing kaffara according to us.

[It is taken from the normal food of the one who expiates or from the dominant food of the people: there is disagreement on that. Al-Lakhmi said: “That proceeds according to the disagreement about kaffara,” i.e. the kaffara of the oath, and the zakat al-fitr. The preferred position is that it is the food of the people of the land. It is understood from in his words about ‘sixty’, as in the Mudawwana, that it is not satisfied by giving 30 poor people two mudds each. If he gives to less than sixty, he takes back from each of them what is more than a mudd if it is in his possession and completes the sixty. If that has been consumed, he cannot take it back because he is the one who gave them power over that. What is meant by the poor person here is not what is meant by it in zakat, i.e. the one who does not have anything. What is meant is the one in need of it and the poor person who does not have food for that year. There disagreement about which of the three types is best. The well known position is that it is feeding and that is what is stated here. It is preferred by some of the people of Malik because it has more benefit.]

23.13e. 2. Freeing a slave

However, it is also possible to carry out kaffara by freeing a slave

[The second is freeing a slave. It is a precondition that it be a believer free of defects – like blind, dumb, or mad.]

23.13f. 3. Fasting two months

or fasting for two consecutive months.

[The third is to fast for two consecutive months. Kaffara is counted by the days.]

23.13g. Eating while making up

Someone who breaks the fast deliberately while making up a day of Ramadan does not have to do kaffara.

[This is because kaffara is one of the special things of Ramadan, and there is no disagreement in what we mentioned according to Ibn Naji. The disagreement is whether one or two days are made up. It is preferable that he makes it two, as ibn ‘Arafa said.

NOTE: Making up Ramadan is valid on separate or consecutive days, but doing it consecutively is better.]

23.14 Unconsciousness

23.14a. When someone regains consciousness after fajr

If someone becomes unconscious during the night and recovers consciousness after fajr he should make up a day.

[Ibn Habib said he is not commanded to refrain from eating for the rest of the day. Loss of consciousness is the removal of sense by an illness which afflicts him, as stated in at-Tahqiq. That which he relied on is the commentator of Khalil. The relied-on position is that if he is unconscious for all or most of the day, he must make it up, whether he is sound at the beginning of it or not. If he is unconscious for less than half of it, and is sound in the beginning of it, it is allowed. Otherwise it is not. We said ‘sound at the beginning,’ meaning conscious at the time of the intention, even if it he was unconscious before it and recovers before fajr for the amount of time in which he could do it, even he did not, according to the relied on position. This is when he made the intention in the night before it so that it is included in the intention for the month. Otherwise it is not, because there must be an intention since it is not valid without the intention. The one intoxicated by something lawful is like the unconscious person in the details mentioned, but the one who becomes intoxicated by something unlawful at night and remains drunk must make it up. If a sleeper makes the intention at the beginning of the month and then sleeps for the entire mouth, his fast is valid and he is free of responsibility.]

23.14b. Prayers which must be made up

He only has to make up a missed prayer if he comes to during the time it is due.

[If he fainted at night and wakes up after dawn. This was covered in the Chapter of Prayer. He repeats it here to point out that the fast is different from the prayer. The menstruating woman makes up the fast but no the prayer because of the difficulty of repeating it.]

23.15 Other Prohibitions in the Fast

23.15a. Guarding the tongue and limbs

When you are fasting you should guard your tongue and limbs

[That is recommended, and some say it is obligatory, and there is no contradiction between the two positions. The one who says it is obligatory applies to to refraining from the forbidden, and the one who recommends it applies it to refraining from what is not forbidden, like excessive permissive speech.

He mentions the limbs which are seven: hearing, sight, tongue, hands, feet, belly and genitals. The tongue is mentioned specifically because it results in the greatest calamities. It is said that there is not a morning but the limbs complain to the tongue, “We ask you by Allah, go straight and we will be straight. If you are crooked, we will be crooked. ‘Umar visited Abu Bakr and found him pulling his tongue. He said, “What, Abu Bakr!” He said, “Leave me. It has brought about things.” People should curtail what they say in Ramadan.]

23.15b. Honouring the month of Ramadan

and honour the month of Ramadan as Allah has honoured it.

[Allah says “the month of Ramadan in which the Qur’an was revealed.” (2:185) It is honoured by the recitation of Qur’an, dhikr, fasting, praying, sadaqa, and other acts of worship. It is disliked to esteem it by decorations and delegations and the like.]

23.15c. Avoidance of sexual pleasure in the day

A fasting man may not have sexual intercourse during the daytime in Ramadan nor may he touch a woman or kiss her to gain pleasure.

[Intercourse is forbidden by agreement. Other things are said to be haram or disliked. It is possible to say that there is no contradiction, and it is possible that the illicitness is applied when he does not know that there is security and dislike when he knows it. In short, it is disliked for the old and young, male or female, to kiss his spouse or slave girl while he is fasting, or to touch or dally. It is the same for looking or remembering when he knows that he is safe from sperm and prostatic fluid. If he knows that he is not safe or is unsure about it, it is unlawful. It is not unlawful for him in the night unless he is doing i’tikaf or fasting for the kaffara of a dhihar-divorce. In such a case the day and night are the same. If he does any of that while fasting and is safe, he owes nothing. If he ejaculates, he must make it up and do kaffara.]

23.15d. Sexual pleasure allowed at night

None of these things, however, is haram for him during the night.

[This is because the Almighty says: “Lawful to you on the night of the fast is going to your wives…” (2:187) Night and day are the same for the one doing i’tikaf and fasting the kaffara for dhihar.]

23.15e. Waking up in janaba

It does not matter if you wake up in the morning in a state of janaba because of having had sexual intercourse.

[Here he repeats this point to clarify that the fast is valid if you are in janaba.]

23.15f. Emission of madhy in Ramadan

If you do get sexual pleasure during the daytime by touching or kissing and this results in the emission of madhy (prostatic fluid) you must make up that day.

[Or through looking or thinking, then he must make up the day for the emission of madhy, whether it lasts or not. For the emission of madhy for any reason, there is only making up, which is obligatory. If there is no madhy, there is no making up, even if there is an erection. It is what Ibn Wahb, and Ashhab related from Malik in al-Mudawwana. It is the preferred position.]

23.15g. Emission of sperm in Ramadan

If you do it deliberately and the result is the ejaculation of many (semen) you have to do the kaffara.

[According to the well-known position. He is silent about looking and remembering. Al-Fakhani say that if he continues to look until he ejaculates, then he must make it up and do kaffara. If he does not continue to do it, then he must only make it up according to the well-known position Al-Qabisi says that if he looks once deliberately, he must make it up and do kaffara. Al-Baji said that it is sound and gave remembering the same judgement as the glance. If he continues to remember until he ejaculates, then he must make up and do kaffara. If he does not continue to do it, then he makes it up without kaffara.]

23.15h. The reward for fasting

Anyone who fasts Ramadan with belief and with awareness of the reward for doing it is forgiven all his previous wrong actions.

[He believes in the reward if he fasts with the awareness that its reward has been stored up for him by Allah in the Next World and he does not fast in order to show off or for reputation. The wrong actions forbidden are the minor ones between him and his Lord. Major wrong actions are only expiated by repentance or Allah’s forgiveness.]

23.16. The Tarawih Prayer

23.16a. The reward for praying at night

If you stand up in prayer during the night, to the extent that you able to do so, you can expect great good from it and pardon for your wrong actions.

[The reward for standing in prayer is not limited to all the night, but is obtained by anyone who stands for part of it according to his state without limit.]

23.16b. Tarawih are performed with an Imam in a group

These night prayers are done with an imam in mosques where the prayer is normally done in jama’a.

[It is permitted to do these prayers in the mosque in groups with an Imam. This is an exception from the dislike of praying the nafila in group which is indicated by the words of Shaykh Khalil, added to the dislike of gathering for nafila or in a known place since the action to gather for them continued from the time of ‘Umar ibn al-Khattab. Part of his sunan is to do this and the time they are done is after ‘Isha’ ]

23.16c. They can be done at home

If you want to you can do these night prayers at home. Indeed this is considered better if your intention is strong enough for you to do them by yourself.

[It is considered better to do them at home on you own if you are not too lazy.]

23.16d. How the Salaf first did them

The righteous people of the first community used to do these prayers in the mosque. They did twenty rak’as followed by three rak’as – two for shaf’i and one for witr with a salam in between.

[These are the Companions, peace be upon all of them. They did them in the time of ‘Umar ibn al-Khattab in the mosque with 20 rak’ats. That is preferred by a group, including, Abu Hanifa, ash-Shafi’i and Ahmad, and the action now does that followed by the shaf’i and witr. Abu Hanifa says that there is no salam between the two, and ash-Shafi’i says that there is a choice.]

23.16e. The later practice of the Salaf

Later they began praying thirty-six rak’as not including the shaf’i and witr. Both of these are acceptable.

[Then the Salaf other than the first Salaf, namely the Tabi’un, increased it. ‘Umar ibn ‘Abdu’l-‘Aziz commanded that to do that since it contained benefit because they were making the recitation long which caused boredom and weariness, and so he commanded them to shorten the recitaiton and increase the rak’ats. That which ‘Umar ibn ‘Abdu’l-‘Aziz did was preferred by Malik in the Mudawwana.]

23.16f. Done in groups of two rak’ats

You say the salam after each two rak’as. ‘A’isha, may Allah be pleased with her, said that the Messenger of Allah, may Allah bless him and grant him peace, never did more than twelve rak’as followed by a single rak’a of witr, either in Ramadan or out of it.

[Then he explains how the Messenger of Allah did them according to ‘A’isha which differs from what is in the Muwatta’ where she says that he did not exceed twelve at any time, Ramadan or not. It also differs from what is related from her that he prayed 15 and 17. Other things are related from his wives and they can be combined if the Prophet first prayed two to greet the msoque and then stood to do tahajjud with two quick ra’kats to start. When he left for the Subh prayer he prayed the two rak’ats of Fajr. So they can be added together.]

1. Suhur is the meal eaten before fajr prior to a day’s fasting.

2. Thirtieth of Sha’ban if the new moon has not been seen the previous night.

Tayammum and Its Description from the Risālah of Ibn Abī Zayd al-Qarawaanī

Tayammum and Its Description

6.1 When it is done

[If you cannot find water, then you must do tayyamum, which is recommended. Linguistically tayammum means aiming for something. The Almighty says, “Do not have recourse to bad things,” (2:267) i.e. aim for them. In the Shari’a it is a legal act of worship by which the prayer becomes allowed. This means that the Shari’a has judged it. This exists in wudu’ and ghusl. By it the prayer is permitted when wudu’ and ghusl are excluded because tayammum is only to make lawful. Wudu’ and ghusl are done in order to remove impurity. It is obligatory by the Book, Sunna and consensus. The Almighty says, “If you cannot find any water, then do tayammum with pure earth,” (4:43) and in Muslim the Prophet said, “We were preferred over people by three things: our rows were made like the rows of the angels, the entire earth was made a mosque for us and its earth is purification if we do not find water.” The consensus is that tayammum is obligatory when water is lacking or the ability to use it lacking it. There are preconditions for the obligation: Islam, adulthood, sanity, absence of the blood of menstruation or lochia, the arrival of the time, lack of water or lack of ability to use it, and that there is no barrier over the limbs and nothing which precludes it.]

6.1a. On a journey

If you are on a journey and you cannot find water, you have to do tayammum, provided that you do not expect to find any water before the time for the prayer has finished.

[The situation is that either that there is no water to be found at all or a judgement that he will not find enough water for wudu’ or ghusl in a journey (or while resident), whether short or not, whether the traveller is healthy or not, and whether the journey is permissible or not, because the allowance for doing it on a journey or while resident does not have the precondition that the journey be for something permissible. If the allowance is only in the journey, like breaking the fast in Ramadan, then the journey must be permissible and it must be a distance of at least four postal stages, like that for shortening the prayer.

Thus the mere absence of water is only a reason for the obligation of tayammum when he despairs of finding water or he thinks it probable that there is no water. It is not the case if he is unsure or hopes for water or is certain of finding water within the time.

What is meant by the obligation is the widest period of obligation. The one who has despaired is someone who has searched for it in a manner which is not arduous for someone like him. He is only obliged to seek if he hopes to find it or suspects its presence. If he is certain that he does not exist, then he does not look for it in the time. By ‘time’, the preferred time is meant.]

6.1b. Lack of ability

You also have to do tayammum even when there is water, whether on a journey or staying in one place, if you are unable to touch water on account of illness or are disabled by illness to such an extent that although you could use it, you are unable to get to it and cannot find anyone else to bring it to you.

[ This is when there is water and you are unable to use it, on a journey or at home, because of illness which prevents using it since you fear that using it will cause death, loss of use of a faculty or limb, increased illness, delayed recovery, or will actually cause a illness. If he does not fear any of that, but is only pained by it, he must continue to do wudu’ or ghusl. So tayammum is obliged for someone who is healthy when water exists because he cannot use it because illness would occur, or for a sick person who is able to use it, but does not find anyone to bring it to him, even for a payment equal to the price which the seller would oblige or it or he does not find a vessel or he only finds a forbidden vessel or cannot pay for using it.]

6.1c. Danger

The same applies to someone travelling who is near water but prevented from reaching it because of the fear of thieves or wild animals.

[ This is also true about the traveller who is near water but cannot reach it out of fear of thieves as he must preserve his property and the property of others. The property must be more than what he would have to pay to buy water. It must be ascertained that they exist or he thinks that it is probable that they exist. Uncertainty is not taken into consideration. The same applies if he fears for himself from wild animals when he is certain about that or thinks that it is probable.]

6.1d. Certainty about reaching water

If a traveller feels certain that he will get to water within the time of the prayer, he avoids doing tayammum until the end of the time.

[Whether he is in a journey where he shortens the prayer or not and he is certain that he will find enough water for wudu’ or ghusl, it is recommended that that he delay tayammum. The upshot of the fiqh in the matter is that one of the preconditions of the obligation of tayammum is the arrival of the time. The judgement in it varies according to the state of the person doing tayammum because either he is certain that water will exist in the time or he will reach it or he despairs of finding it or reaching it, or he is unsure about finding it or reaching it in time or hopes to find it or reach it in time. The author clarifies these circumstances and indicates it when he says, “If a traveller feels certain.” In fact, it is not particular to the traveller, but applies to all who are permitted to do tayammum due to the absence of water. When he is certain that water exists or that he will reach it within the time or thinks that it is probable that it exists or that he will reach it in time, then it is recommended to delay tayammum to the end of the time.]

6.1e. Certainty about not reaching water

If he feels certain he will not get to water he should do tayammum at the beginning of the time.

[This is about the absence of water or the failure to reach it in time after seeking for it. If there is what obliges seeking, then it is recommended that he do tayammum at the beginning of the time to obtain the excellence of the time because the excellence of water is despaired of. That is how it is judged by the one who thinks it probable that it will not exist within the time or will not be found in it.]

6.1f. Uncertainty about reaching water

If he does not know whether he will get to water or not, he should do tayammum in the middle of the time. This also applies to someone who is afraid that he will not be able to get to water but nevertheless hopes that he will.

[ If he is unsure about finding it, it is recommended to do it in the middle of the time. It is affirmed by Shaykh Ahmad Zarruq that what is meant is uncertainty about reaching it. He said that there is no difference between it and what before it according to the Maliki School. Although it is sound from the aspect of the judgement, the author’s words imply a difference when based on what is meant by the one who hopes. He said that the words of the author contain something different from the position of the School. That is because his literal words say that the one who hopes does not delay, but does tayammum in the middle of the time. It is not as he said. His judgement is that of the one who is certain and the one who is certain delays to the end of the time. Ibn Harun said, “I do not know of anyone who transmitted that the one who hopes does tayammum in the middle of the time except Ibn Abi Zayd. Ibn Naji said that it is possible that it refutes his words. According to the words of Ibn Naji by “fears” the author means ‘suspects”.]

6.2 Finding Water after doing Tayammum

If, under any of these circumstances, you do tayammum and do the prayer and then come across water within the time of the prayer the following judgements apply.

[ These seven who can do taymmum are: the sick person who cannot touch water, the sick person who cannot find anyone to bring him water, the traveller who is near water but is prevented from reaching it by fear of thieves or animals, the traveller who is certain that water will exist within the time, the one who despairs of finding it within the time, the one who has no knowledge, and the fearful one who hopes to find it. This is what happens if such a person (except for the sick person who cannot use water then find water or the sick person who can, but does not find anyone to bring him the water) finds water. Finding water means having the ability to use it, its existence, or the existence of a vessel to bring it.]

6.2.a A sick person

A sick person who could not find anybody to bring water to him should do the prayer again.

[It is recommended that he does the prayer again within the time. The rule for the sick person who does not find anyone to bring him water or any vessel with which to bring the water is to delay tayammum to the middle of the time. If he does the necessary tayammum in the middle of the time and prays and then before the end of the time of the prayer then that which stops him from using the water is removed, as when he finds what will enable him to obtain it, then it is recommended for him to repeat the prayer within the time if he is restricted in that people do not come in to him often. If people come in to him often, then he has no restriction, then he does not have to repeat it.]

6.2b. A Fearful person

This also applies to someone who was afraid of wild animals or other dangers of that sort, and to a traveller who was afraid he would not get to water but hoped that he would. If you have done tayammum for any other reason, you should not repeat the prayer.

[ The one who fears for himself from wild animals or for his property from thieves is like the sick person who does not find anyone to bring him water in the time. It is recommended that he repeat the prayer when he gets water within the time. The result is that when the person who is afraid of animals does tayammum in the middle if the time, it is recommended that he repeat it in the time with four provisos. That is that he is certain that water exists or that he will find it were it not for his fear. His fear must be definite or likely and he ascertains the absence of what he fears and the existence of water itself. If he is not certain that it exists or that he will reach it, or what he fears is clear, or none of it is certain and someone else finds it, he does not repeat if. If his fear is a simple doubt, then he always repeats it. ]

6.2c. A traveller

and to a traveller who was afraid he would not get to water but hoped that he would.

[When he finds water within the time, it is recommended that he repeat the prayer he has prayed in the time allotted for it, which is the middle. Part of the subject is that it is better if it is advanced. What is meant by ‘fear’ in the words of the author is uncertainty about reaching it. It is recommended for the one who prayed in the time allotted to it to repeat it within the time. That is even more the case if he has advanced it. As for the one who is unsure about whether it exists, if he does it before the middle of the time allotted for it, then he repeats it. If he prayed in the middle of the time allotted for it, he does not have to repeat it. The difference between them is that the one who is unsure about reaching it, has a sort of falling short and so he is asked to repeat it. As for the one who is unsure about whether it exists, he relies on the basis, which is its non-existence.]

6.2d. Other reasons

If you have done tayammum for any other reason than these three, you should not repeat the prayer.

[It appears from his words that the one who despairs does not repeat the prayer when he finds water absolutely. It is not like that, and it must be explained. If he finds the water which he despaired of, he repeats it. If he finds other water, he does not repeat it. It also seems from his words that someone who finds water in his bag or saddle or forgets it is there and then remembers it, does not have to repeat it. The one who acts deliberately in the three cases has to repeat it, which differs from the literal words of the author.]

6.3 Frequency

6.3a. Number of fard prayers with one tayammum

You should not pray two fard prayers with one tayammum except if you are ill and cannot touch water because of some harm to your body which will last at least until the time of the next prayer.

[ None of those seven categories should pray two obligatory or sunna prayers at home or on a journey. whether they share in the time or not, with the same tayyamum except for the person with a constant illness which will continue to the time of the second prayer. It may happen that he does not do the first prayer in its time, either intentionally or by forgetfulness or ignorance. In that case he can pray them both together with one tayammum. This is a general judgement for prayers at home and on a journey.]

6.3b. For each prayer

Although there are some who say that even in this situation you should do tayammum again for each prayer.

[For each obligatory prayer, whether he is healthy or ill, travelling or at home.]

6.3c. A number of missed prayers

It has been related from Malik that someone who remembers not having done a number of prayers can do them with one tayammum.

[ This is a number of fard prayers which he missed by forgetfulness or by sleeping through them or deliberately not praying them and then repenting and wanting to make them up: he can pray them with one tayammum, whether healthy or ill, travelling or at home.

The first statement is by Ibn Sha’ban and the second is by Ibn al-Qasim and is the famous one. This is why it was rejected by the shaykh when he was ill at midday when someone else suggested it to him. According to the well-known position, if he disagrees and prays two prayers with one tayammum, whether they are shared or not, he does not ever have to make up the second.

According to his words at the beginning of the chapter about the time, one does tayammum for the obligatory prayer absolutely, even for Jumu’a. That is not the case, since the healthy person who is resident does not do tayammum for Jumu’a since it is a substitute for Dhuhr. He prays Dhuhr with tayammum, even at the beginning of the time. If he prays Jumu’a with tayammum, that is not acceptable. The sick person and the traveller can do tayammum for it. It That is also the case with the funeral prayer. The healthy resident does not do tayammum for it unless it becomes a specific obligation for him since no one else is found who can pray it nor is it possible to delay it until he can obtain water.]

6.3d. Voluntary prayers

[As for the sunnas and the voluntary prayers, the traveller but not the heathy resident person does tayammum for them, i.e the one who is obliged to do tayammum because of lack of water. The judgement of the healthy resident for whom tayammum is obliged out of fear of illness is like that of the sick person and he does tayammum for Jumu’a and the funeral, even if it is not a specific obligation, and for the sunna and voluntary prayers. If he intends an obligatory prayer by his tayammum, he is permitted to pray the voluntary prayer with it afterwards with the precondition that it is connected to the obligation, even if he did not intend the voluntary prayer after the obligatory. It is limited to prayers which are after the obligatory, although if he prays a voluntary prayer before it, it is valid by his statement, ‘provided that it is connected to the obligatory.’

If there is a long separation or he leaves the mosque, he must repeat his taymmum if he wants to pray the voluntary prayers. A short separation is overlooked. That is defined as about the length it takes to recite Ayat al-Kursi. It is also a precondition that he does not do more than the voluntary. What is “more” is defined by custom.

6.3e. What can be used for tayammum

Tayammum is done using pure surface earth, that is any substance on the earth’s surface such as soil, sand, stones, or salt deposits.

[“Pure” is how the people of firm knowledge and those who know fiqh explain “tayyib” where Allah says,”do tayammum with clean earth,” Tayyib means pure earth in Arabic and that is what Malik said. Malik said that sa’id means what is on the surface of the earth in accordance with Arab usage. Others believe that the sa’id in the ayat designates pure earth found on the surface of the earth or brought out from inside of it. This includes salt desposits, and secretions. Tayammum is not done deliberately on wood, plants and grass and groups. The literal meaning of his words is that tayammum can be done on stones, even hard ones, if there is no soil as long as it has not been baked. It is not permitted to do tayammum on lime nor baked bricks, which are red bricks. Tayammum can be done on soil, whether it has been moved or not, although it is better when it is not moved by agreement. The first is based on the well-known position.

One does not do tayammum on other things than earth. Things like salt, alum, sulphur, copper and iron are not used for tayammum except in their original place or moved from one place to another. But it is cannot be in a form which is firm in people’s hands, like medicines. As for what can be held in people’s hands like medicines, it is not valid to use them for tayammum.]

6.4 How to do it

6.4a. Beginning tayammum

To do tayammum you hit both hands on the ground – if anything clings to them it should be lightly shaken off –

[This clariifies how tayammum is done. He strikes both hands on the ground. If he is missing a hand, he does tayammun with the other. If he is unable to do it, someone does it for him. If he cannot delgate someone, he rubs his face in the dust. What is meant by ‘striking’ is not actual striking. What is meant is to place his hands on the surface used for tayammum, soil or whatever. This ‘striking’ is an obligation. It is not a precondition that anything clings to his hands. If something clings to them, he shakes them lightly so that some people consider this shaking as one of the meritorious parts of tayammum so that it does not harm his face.]

6.4b. The Intention

[Before beginning, the one doing tayammum must intend earth and nothing else with which tayammum is not valid. He must intend to make the prayer lawful or intend the obligation of tayammum in the first striking. If he is in minor impurity, he intends to make the prayer permissible from the lesser impurity. If he is in greater impurity, he intends to make the prayer lawful from the greater impurity. If he does not call the major impurity to mind and thus omits the intention regarding the greater impurity intentionally or by forgetfulness, and prays with that tayammum, then he must always repeat the prayer. If he intends the greater impurity, believing that he has it and then the opposite is clear, then it allows the lesser. When he intends the obligations of tayammum, it is enough for him, even if the intention of the greater does not occur to him, If he intends to remove the impurity, it is enough enough for him in the well-known position. Tayammum does not remove lesser impurity. It only makes the prayer permissible.]

6.4c. Wiping the face

then using both of them you wipe over your whole face.

[After shaking his hands, then he wipes his face and does not omit any of it. He does not miss the cartilage of the upper ear and other things. If he leaves any of the wiping of all of the face, even a little, then it is not allowed. He begins from the top, as in wudu’ and runs his hands over the length of it to his beard. He passes over the lines of the face, because the basis of wiping is doing it lightly.]

6.4d. Striking the ground a second time

Then you hit both hands on the ground again

[The second blow is for wiping the hands by way of sunna. It is not said how the obligation is done in a sunna manner because we say after the obligation that the second comes after the first so if he fails to strike the earth the second time and then wipes his face and hands with the first, it is adequate.]

6.4e. Wiping the hands

and then wipe your right hand and arm with your left hand. To do this you put the fingers of your left hand on the tips of the fingers of your right. Then you slide your fingers down the back of your right hand and arm, as far as the elbow, folding your fingers round it as you do so. thoroughly.

[ The recommended manner of wiping is to first wipe the right with the left, putting the fingers on the right on the left except for the thumbs. The palm is passed over the top of the hand and arm to the elbow. It appears from the words of the author that the elbow is not wiped because it is the end. It is said that he meant including the elbows as is done with wudu’ since tayammum replaces it.

Wiping to the elbows is sunna, and to the wrists is obligatory according to what is in al-Mukhtasar. Al-Bisami adds to it by saying that the well-known position of the school is that wiping is to the elbows is obligatory. The dispute is when it is confined to the wrists and he prays. The well-known position is that he repeats the prayer if still within the time. An opposite position is that he must always repeat it. This consequence is rejected. Al-Muqaddamat (Ibn Rushd) prefers that which is followed in al-Mukhtasar,and Qadi ‘Iyad summarised it in his Qawa’id, and it is preferred.

The well-position of the school is that the fingers go between each other, and that is by the flat sides of the fingers, not the sides because they have not touched earth. The well-known position is also that a ring is removed and moving it from its place can be done instead of actually removing it. The difference between tayammum and wudu’ is said to lie in the fact that the ring is removed in tayammum but not in wudu’ because of the force of the water flowing in wudu’ which is not the case with earth.

6.4f. Wiping the inside of the right hand

Then you put your palm on the inside of your arm and, gripping your arm, slide your hand from your elbow just back as far as your wrist

[After wiping the outside of the right hand, using the palm, because the fingers because the fingers were already use on the outside of the hand except for the thumb. ]

6.4g. The thumb

and then run the inside of the left thumb over the outside of your right thumb.

[This is because it was not wiped before. What he mentioned about wiping the thumbs was also mentioned by Ibn at-Talla’ who is Muhammad ibn Farah, the shaykh of the fuqaha’ in his time. The literal of the transmission, which is relied upon, it wiping the outside of the right thumb with the outside of the fingers. Al-Fakhani said, “I do not know of anyone of the people of language who transmit that the thumb is the largest “finger”].

6.4h. The Left hand

You then wipe over the left hand and arm in the same way and after reaching the wrist you wipe your right palm with the left down to the tips of the fingers.

[After finishing the right, then do the left to the wrist. The tips of the fingers designates the inside of the palm and fingers. Observe how he is silent about the left palm unless he says that each of them wipes and is wiped. This is the description which the shaykh mentioned and it was also mentioned by Shaykh Khalid. He begins with the outside of the right hand with the left and moves to the left before completing the right. This was transmitted by Ibn Habib from Malik. Ibn al-Qasim said, “He only moves to the left after finishing the right.” Al-Lakhmi and ‘Abdu’l-Haqq preferred that. The position of Ibn al-Qasim is preferred. The basis of the preference is that moving to the second before completing the first misses out the excellence of proper order between right and left. Some of the shaykhs recommend the transmission of Ibn Habib so that he does not wipe the dust on the palm, but the one with the reliable position says that the remaining of the dust is not sought aso that its judgement should be observed.]

6.4i. Other methods of wiping

If you wipe the right with the left or the left with the right in some other way that you find easy, that is acceptable as long as it is done fully.

[ If you differ from the recommended manner, your tayammum is still allowed. It only differs from the best manner. One can deduce from his words, “done fully” that if he does not wipe his forearms, it is not allowed because the arms are mentioned in wiping. The well-known position is that if he confines hismelf to the wrists and then prays, then he repeats it within the time.]

6.5 Judgements about someone in a major state of impurity

6.5a. Tayammum for janaba or end of menstruation

If someone is in a state of janaba, or has been menstruating, and cannot find any water to do ghusl with, they should do tayammum and do the prayer and then when they find water they should do ghusl.

[ Even if someone like this finds enough water for wudu’, they still do tayammum following the previous information regarding the possibility of finding water which is not repeated here. Tayammum is obliged when there is no water. He mentions it here to refute those who say that someone in a state of janaba and or a woman who has been menstruating do not do tayammum.]

6.5b. Not repeating prayers done with tayammum

They do not have to repeat any prayers they have done.

[Because their prayer occurs in manner which is commanded. The literal import of his words is that that is the case in the time or after it. It is explained that it is repeated within the time in the instances which were already mentioned. Its literal meaning is that is the case or not whether there is impurity on their bodies. It is the text of the Mudawwana and it restricted by there not being any impurity on the body. If there is impurity in his body and he prays with it by forgetfulness and they remember after they have finished, then they repeat it within the time. The statement of the author about not repeating it is informing about when water is found after they have prayed with tayammum. If there is water before the prayer, and there is enough time for ghusl and the prayer, even a rak’at, within the time, then tayyamum is invalid. If they find it after the time has begun and before it finished, even if the time is ample, or the time has begun, but there is not enough time for a ghusl and still catching a rak’at, they pray with tayammum.]

6.6 Further judgements about tayammum

6.6a. Taymmum does not make intercourse permissible

A man cannot have sexual intercourse with his wife if she has just finished menstruating or the bleeding after childbirth if she has only purified herself by tayammum until there is enough water for her to do ghusl first and both of them to do ghusl afterwards.

[ This is whether she is a Muslim or a kitabi or a slave girl. According to the well-known position, it is forbidden for him to have intercourse with her. This does not only imply to actual intercourse, but enjoying her between the navel and knee, even through a barrier, is unlawful. Finding water can either be his responsibility or the responsibility of both.]

6.6b. Water for ghusl after intercourse

[There must be enough water for ghusl on account of bleeding and then for ghusl on account of janaba. This explains the words at the end of the book about not approaching a woman bleeding from menstruation or lochia because the literal meaning is would be that when the bleeding stops, he is permitted to have intercourse, and so here he explains that even if menstruation has stopped, intercourse is not permitted, even with tayammum. Intercourse is forbidden in the well-known position beause tayammum does not remove impurity. It only makes the prayer permitted. The words of author show that tayammum is called ‘purification,’ and that is indeed the case since the Prophet said, “Its earth is pure.” It is also called wudu’ by since the Prophet said, “Tayammum is the wudu’ of the Muslim.]

6.6c. Avoiding janaba if there is no water

[It is also deduced from this that he if he does not find water, he should not voluntarily bring about a state of janaba in himself. That is the position of Malik in al-Mudawwana, i.e. that it is disliked. if he does tayammum for the lesser impurity, he should not bring about janaba in himself so that he has to do tayammum for the greater impurity. This does not negate what was already stated about the unlawfulness in the statement of the author about having intercourse, because the unlawfulness comes from his going to have intercourse with her when she has purified herself from menstruation by tayammum. This is is when he does not fear any harm to his body or fear fornication. If he is physically harmed by the length of time or fears fornication, then he has intercourse and does tayammum.

From the Translation by Alhaj Bello Mohammad Daura, MA

(Which Includes the commentary from ath-Thamr ad-Dani by al-Azhari)

Click the above red link to see the entire text.

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