Book Release: The Creed and Way of Muslim Orthodoxy

Book Release: The Creed and Way of Muslim Orthodoxy

A compilation of three texts: Illumination of the Creed by Imam Muwaffaq ud-Din Ibn Qudamah, Nasafi’s Creed by Imam Abu Hafs An-Nasafi and The Splendid Pearl of the Orthodox Creed by Imam Ahmad ibn Muhammad Ad-Dardir, translated by Al-Hajj Abu Ja’far Al-Hanbali (Spire Publishing, 2011)

The core of Islam is theology. Most of the Qur’an and Sunnah deal with theology and creedal points. It is therefore fitting that for the first time – and long overdue – a catalogue of Muslim creeds has been translated and annotated with Arabic text into the English language. These three creeds – never before brought into contemporary English – will give any reader, Muslim or not, a concise but profound elucidation of the beliefs of the Vast Majority of Muslims in every era according to the agreed upon creedal formulations of Imams Ahmad ibn Hanbal, Abu Mansur al-Maturidi and Abul Hasan al-Ash`ari.

This book is available from Amazon UK and Amazon US. If you are outside the US and UK please check the Amazon site for your country or region.

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Published in: on December 2, 2011 at 01:09  Leave a Comment  
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Chapter 2 – Concerning الصَّلاةِ (Prayer) – Part 1 الصَّلاَةُ‮ ‬الْـمَفْرُوضةُ‮ ‬ (The Obligatory Prayers) from Matnu-l-ʿIzziyah

 بَابُ‮ ‬الثَّانِي‮ ‬فِي‮ ‬الصَّلاةِ‮ ‬

Chapter 2 – Concerning الصَّلاةِ (Prayer)

Part 1 الصَّلاَةُ‮ ‬الْـمَفْرُوضةُ‮ ‬ (The Obligatory Prayers) 

وَهِيَ (It [Prayer] ) أَحَـدُ‮ ‬أَرْكَانِ‮ ‬الإسلاَمِ‮ ‬الْـخَـمْسَةِ (is one of the five pillars of Islam) التِّي (which)  بُـنِيَ‮ ‬عَـلَيهَا (is also built on) شَـهَادَتِ (witnessing) أَنْ‮ ‬لاَ‮ ‬إِلَـاـهَ‮ ‬إِلاَّ‮ ‬اللهُ (that there is no god except Allah) وَ‮ ‬أَنَّ‮ ‬مُحَـمَّدًا (And that Muhammad) عَبْدُهُ (is His slave) وَرَسُولُـهُ (and Messenger), وَإِقَامِ‮ ‬الصَّلاةِ (and standing for prayer), وَإتَـاءِ‮ ‬الزَّكَاةِ (and giving alms tax), وَصَـومِ (and the fast of Ramadan), وَحَجِّ‮ ‬بَيْتِ‮ ‬اللهِ‮ ‬الْـحَرَامِ (and the pilgrimage to the House of Allah) لِـمَنْ‮ ‬اسْـتَطَاعَ‮ ‬إِلَـيْهِ‮ ‬سَـبِيلا (for he who is able to find a way to).

 وَالصَّّلاَةُ‮ ‬(Prayer)أَعْـظَمُهَا‮ ‬(is the most important of them [the pillars of Islam]) بَعْدَ‮ ‬الشَّهَادَتَيْـنِ (after the two Shahādahs). مَنْ‮ ‬أَقَامَـهَا (Whoever upholds it), أَقَامَ‮ ‬الدِّينَ (upholds the Diin), ومَنْ‮ ‬تَـرَكَـهَا (and whoever neglects it), فَـقَدْ‮ ‬تَـرَكَ‮ ‬الدِّينَ (neglects the Diin). وَلِـوُجُـوبِـهَا (Its requirements) ‮ ‬خَـمْسَةُ‮ ‬شُـرُوطٍ (are [base on] five conditions): الإسلاَمُ (Islam), وَالْبُلُوغُ (maturity), وَالْـعَقْلُ (intelligence), ‮ ‬وَارْتِفَاعُ‮ ‬دَمِ‮ ‬الْـحَيْضِ (cessation of menstrual bleeding) وَالنِّفَاسِ (and the blood parturition [childbirth]), وَحُضُورِ‮ ‬وَقْتِ‮ ‬الصَّلاَتِ (the arrival of the time of the prayer).

تَـجِبُ‮ ‬بِأَوَّلِ‮ ‬الْوَقْتِ (It becomes obligatory at the beginning of the time) وُجُوبًا مُوَسَّعًا (though the span of time of the obligation is wide).فَمَنْ‮ ‬جَهَدَ‮ ‬وُجُوبَهَا (He who forsakes it as an  obligation) أَوْ‮ ‬شَيْئًا مِنْ‮ ‬وَجَبَاتِهَا (and anything of its requirements) أَوْ‮ ‬شَـيْئًا مِنْ‮ ‬أَرْكَانِ‮ ‬الإسلاَمِ‮ ‬الْـخَمْسَةِ (or anything from the five pillars of Islam) فَهُوَ‮ ‬كَافِرٌ‮ ‬مُرْتَدُّ (is an apostatizing  disbeliever). يَستَتَابُ (He should be called upon to repent) ‮ ‬ثَلاَثَةَ‮ ‬أَيَّامٍ‮ ‬ (for three days) فَـإِنْ‮ ‬تَـابَ to see if he repents) ,‮ ‬وَإِلاَّ‮ ‬قُـتِلَ , otherwise he should be killed ). وَمَـنْ‮ ‬أَقَـرَّ‮ ‬بِـوُجُـوبِـهَا (Whoever affirms the obligation of pray) وَامْـتَنَعَ‮ ‬مِـنْ‮ ‬فِـعْلِهَا (and stops doing it), انتُظِرَ‮ ‬إِلَى‮ ‬ (will be observed until) أَنْ‮ ‬يَـبْقَى مِـنْ‮ ‬وَقْـتِهَا الضُّرُورِيِّ (what remains of its [the prayer’s] necessary time) مِقْدَارُ‮ ‬رَكْعَةٍ‮ ‬كَامِلَةٍ‮ ‬ (equal to the measure of a complete rakʿah). فَإِنْ‮ ‬لَـمْ‮ ‬يُـصَلِّ (If he still hasn’t prayed), قُـتِلَ‮ ‬بِـالسَـيفِ (he should be killed by the sword) حَـدًّا (in accordance with the prescribed penalty);

وَيُصَلِّي‮ ‬عَلَيهِ‮ ‬(and [the people who pray] over him) ‮ ‬غَيْرُ‮ ‬أَهْلِ‮ ‬الْفَضْلِ‮ ‬وَالصَّلاَحِ‮ ‬(should be other than the people of virtue and piety). وَيُدْفَنُ (He should be buried) فِي‮ ‬مُقَابِرِ‮ ‬الْـمُسْلِمِيـنَ (in the grave yard of the Muslims),‮ ‬وَلاَ‮ ‬يُـطْمَسُ‮ ‬قَـبْرُهُ (and his grave should not be destroyed).‮ ‬وَلاَ‮ ‬يُـقْتَلُ (He should not be kill)‮ ‬بِالْفَائِتَةِ (for letting the time of prayer elapse).

‮ ‬وَيُـؤْمَـرُ‮ ‬الصَّبِيُّ‮ ‬(The youth should be commanded) بِهَا لِسَبْعِ‮ ‬سَنِيـنَ (to perform it [prayer] at seven) يَضْرَبُ‮ ‬عَلَى تَرْكِهَا ضَرْبًا (and should be spanked),غَيْرَ‮ ‬مُبَرِّحٍ (but not severely) ‮ ‬إِذَا بَلَغَ‮ ‬عَشْرَ‮ ‬سَنِيـنَ (if he has reached the age of ten).

فصْلٌ (Section about the obligatory prayers)

الصَّلاَةُ‮ ‬الْـمَفْرُوضةُ‮ ‬ (The obligatory prayers) خَـمْسَةٌ (are five): الظُّهْـرُ (aḍh-Ḍhur), وَالْعَصْرُ (al-ʿAṣr), وَالْـمَغٌرِبُ‮ ‬(al-Maghrib),  وَالُعِشًاءُ‮ ‬(alʿIshaa’) and  وَالصُّبْحُ‮ ‬(aṣ-Ṣubḥ). وَلِكُلِّ‮ ‬وَاحِدَةِ‮ ‬مِنْهَا (For each of them) وَقْـتَانِ‮ ‬اخْـتِيارِيٌّ (is a preferred time) وَضَـرُورِيٌّ (and a necessary time). فَلاِخْتِيَارِيُّ‮ ‬لِلظُّهْرِ (The preferred time for aḍh-Ḍhur)‮ ‬مِنْ‮ ‬زَوَالِ‮ ‬الشََّمْسِ  (is from when the noon day sun passes the meridian])‮ ‬لآِخِـرِ‮ ‬الْـقَامَـةِ (until the time of when the shadow of a thing is equal to it]) وَهُـوَ‮ ‬أَوَّلُ‮ ‬الْوَقْـتِ‮ ‬الْـعَصْرِ (and it is the time of the beginning of al-ʿAṣr). ‮ ‬وَآخِرُهُ (The end of it [the time of al-ʿAṣr]) ‮ ‬إِلى اصْـفِرَارِ‮ ‬الشَّمْسِ ( is the yellowing of the Sun]). ولِـلْـمَغْرِبِ (The preferred time of al-Maghrib)‮  ‬بِـغُرُوبِ‮ ‬قُرْصِ‮ ‬الشَّمْسِ (is with the setting of the round edge of the sun)‮ ‬وَهُوَ‮ ‬مُضَيِّقٌ (it [the time span] is narrow)  غَـيْرُ‮ ‬مُـمْتَدِّ (not wide). يُـقَدَّرُ (It is limited (to the amount of time) بِـفِعْلِهَا (which will enable you to perform it)  بَـعْدَ‮ ‬تَـحْصِيلِ‮ ‬شُـرُرطِـهَا  ( after having fulfilled its conditions: [that is to say, the adhaan, the iqaamah and the essentials of purification etc.])  وَلِـلعِشَاءِ (The preferred time of alʿIshaa’ is from غَـيْبُوبَةِ‮ ‬الشَّفَقِ‮ ‬الأَحْـمَرِ (the red twilight of the evening]) إِِلَـى ثُـلْثِ‮ ‬اللَّيْلِ‮ ‬الأََوَّلِ‮ ‬(up until the first third of the night). لِلصُّبْحِ (The preferred time of aṣ-Ṣubḥ) طُـلُوعِ‮ ‬الْفَجْـرِ‮ ‬الصَّادِقِ (is from the actual appearance of the (light) of dawn)‮ ‬لِلإِسْفَارِ‮ ‬الأَعْلَى (to brightness of dawn). وَالضَّرُورِيُّ‮ ‬للصُّبْحِ (The necessary time of aṣ-Ṣubḥ) مِن الإِسْفَارِ‮ ‬الأَعْلَى (is from the brightness of dawn) ‮ ‬إلَى طُلُوعِ‮ ‬الشَّمْسِ (the appearance of the sun). وَلِلظَّهْرِ ([The necessary time] for aḍh-Ḍhur) مِنْ‮ ‬أَوَّلِ‮ ‬وَقْتِ‮ ‬الْعَصْرِ‮ ‬الْـمُخْتَارِ (is from the beginning of the preferred time of al-ʿAṣr)  إِلَى‮ ‬غُرُوبِ‮ ‬قُرْصِ‮ ‬الشَّمْسِ (until the setting of the round edge of the sun). ولِـلْعَصْرِ ([The necessary time] for  al-ʿAṣr) مِنَ‮ ‬الأَصْفِرَارِ (is from the yellowing of the Sun) ‮ ‬إِلَى وَقْتِ‮ ‬الْغُرُوبِ (to the time of sunset). وَلِلْمَغْرِبِ ([The necessary time] for  al-Maghrib) ‮ ‬مِـنَ‮ ‬الْـفَرَاغِ‮ ‬مِنْهَا (is from) ‮ ‬إِلَى طُلُوعِ‮ ‬الْفَجرِ (to the appearance of dawn). وَلِلْعِشَاءِ ([The necessary time] for alʿIshaa’)‮ ‬مِنْ‮ ‬آخِرِ‮ ‬ثُلُثِ‮ ‬اللَّيْلِ‮ ‬الأوَّلِ (is from the end of the first third of the night) ‮ ‬إِلَى طُلُوعِ‮ ‬الْفَجْرِ (to the appearance of dawn).

تَنْبِيهٌ (note):

مَـنْ‮ ‬أَخَّرَ‮ ‬الصَّلاةَ‮ ‬ (Whoever delays the prayer) إِلَى الْوَقْتِ‮ ‬الضُّرُورِيِّ (until the necessary time)‮ ‬مِنْ‮ ‬غَـيْرِ‮ ‬عُـذْرِ (without a [valid] excuse) أَثِـمَ (commits a sin). وَالْعُدْرُ (The [valid] excuses are): ‮ ‬الْـحَيْضُ (the bleeding of menstruation).‮ ‬وَالنِّفَاسُ (the bleeding of parturition), والْكُفْرُ (disbelief), وَالصِّبَا ( under the age of the obligation to pray), وَالْـجُنُونِ  (insanity),  والإغْـمَاءِ (unconsciousness), وَالنَّومِ (sleep), and وَالنِسْيَانُ (forgetfulness).

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الْـحَيْضُ (The Blood of Menstruation) and النَّفَاسُ (The Blood of Parturition [Childbirth]) from Matn al ʿIzziyah

الْـحَيْضُ (The Blood of Menstruation) and  النَّفَاسُ (The Blood of Parturition [Childbirth])

 الْـحَيْضُ (The blood of menstruation) ‮ ‬هُـوَ‮ ‬الدَّمُ‮ ‬الْـخَارِجُ‮ ‬بنَفْسِهِ(is the [natural] blood flow in itself) مِنْ‮ ‬قُبُلِ‮ ‬مَنْ‮ ‬تَـحْمِلُ (from the woman who is able to become pregnant). عَادَةٌ‮ ‬فِي‮ ‬مُدَّةِ‮ ‬خَمْسَةَ‮ ‬عَشَرَ‮ ‬يَـوْمًـا (It can last up to fifteen days) فَدُونَهَا إِلَى سَاعَةٍ‮ ‬ (or as little as an hour) مِنْ‮ ‬غَيْرِ‮ ‬وِلاَدَةٍ‮ ‬([as long as] it is not caused by childbirth) وَلاَ‮ ‬مَـرْضٍ (or illness). فَأَقَلُّهُ (The minimum duration [of purity from the blood of menstruation]) لاَ‮ ‬حَـدَّ‮ ‬لَـهُ (has no limit), كَـأَكْـثَرِ‮ ‬الطُّهْـرِ(likewise the maximum duration [of purity from the blood of menstruation][has no limit]). وَأَمَّا أَقَـلُّ‮ ‬الطُّهْـرِ (The minimum) فَخَمْسَةَ‮ ‬عَشَرَ‮ ‬يَوْمًا (can be fifteen days). وَأَمَّا أَكْثَرُ‮ ‬الْـحَيْضِ (As for the maximum duration period for the blood of menstruation), فَـيَخْتََلفُ (it varies) بِـخْتِلاَفِ‮ ‬الْـحُيَّضِ (in accord with the different menstrual cycles [of each female]). ‮  ‬فَإنْ‮ ‬كَانَـتْ‮ ‬مُـبْتَدَأَةٌ‮ ‬ (If she’s just staring to have a menstrual period) فَأَكْثَرُ (the maximum period) فِـي‮ ‬حَـقِّهَا‮ ‬(in reality) إذَا تَـمَادَتْ‮ ‬بِـهَا الْـحَيْضَةُ (if the bleeding persists) خَمْسَةَ‮ ‬عَشَـرَ‮ ‬يَـوْمًـا (is fifteen days). وَإِنْ‮ ‬كَنَاتْ‮ ‬مُعْتَادَةٌ‮ ‬(If she is a woman who is accustomed to regular menstrual cycles]),فَـإِمَّّا أَنْ تَـخْتَلِفَ‮ ‬عَـادَتُـهَا أَمْ‮ ‬لاَ (her normal period is either irregular or regular). فَـإنْ‮ ‬لَـمْ‮ ‬تَـخْتَلِفِ‮ ‬(Even if it is not irregular), ‮ ‬اسْظهَرَتْ‮ ‬عَلَى عَادَتِهَا بِثَلاَثَةِ‮ ‬أَيَّامًا (she can use precaution by adding three days above her normal period) مَا لَـمْ‮ ‬تُجَاوـِزْ‮  ‬خَـمْسَةَ‮ ‬عَشَـرَ‮ ‬يَوْمًَا ( that usually doesn’t exceed fifteen days),وَإِنِ‮ ‬اخْتِلاَفَتِ‮ ‬اسْتَظَهَرَتْ‮ ‬عَلَى أَكْثرِ‮ ‬عَادَتِهَا‮ ‬ (while if it [her period] is irregular, she can also use precaution for what is beyond her normal period),كَـذَالكَ‮ ‬ (in the same way [that is to say: she can add three days to what is above her normal period]). وَهِـيَ‮ ‬ (She),فِـي‮ ‬أَيَّّامِ‮ ‬الاسْـتِظْهَارِ (during the days of istiḍh-haar [precaution before performing ablution]) ‮ ‬حَـائِـضٌ (is still considered to be a menstruating woman). فَإِنْ‮ ‬تَـمَادَى بِهَا (If it [the bleeding] persist with her) ‮ ‬إِلَى تَـمَامِ‮ ‬خَمْسَةَ‮ ‬عَشَرَ‮ ‬يَومًا (up to the completion of fifteen days), فَحُكْمُهَا حُكْمُ‮ ‬الطَّاهِرِ (the judgement for her is same as the judgement for the woman who has purity) ‮ ‬فِـي‮ ‬تَـوْجِـيهِ(in respect) الصَّلاَةِ (to the prayer),وَالصَّوْمِ‮ ‬(fasting), وعَـدَمِ‮ ‬القَضَاءِ (the repayment of missed prayers), وَإِتْيَانِ‮ ‬الزَّوْجِ (and the arrival of the husband for intercourse).

فصْلٌ (Section)

ولِلطَّهْرِ‮ ‬عَلاَمَتَانِ (Purity from menstruation has two signs:) 1. الْـخُفُوفُ (dryness): وَهُـوَ (it is) أَنْ‮ ‬تُـدْخِـلَ‮ ‬الْـمَرْأَةُ (when a woman puts) خِرْفَةً (a cloth) فِي‮ ‬فُرْجِـهَا (into the opening of her vagina) فَتَخْـرُجَ (and when she takes it out),‮ ‬جَافَّةً (it is dry);لَـيْسَ‮ ‬عَـلَيْهَا شَـيْءٌ‮ ‬مِـنَ‮ ‬الدَّمِ‮ ‬ (there isn’t any blood on it). 2. وَالْقَصَّةُ‮ ‬الْبَيْضَاءُ (al-qiṣṣatu-l-bayḍaa’u) ‮ ‬وَهِيََ‮ ‬مَاءٌ‮ ‬أَبْيَضُ‮ ‬رَقِيٍقٌ(which is thin white water) يَأْتِى فِي‮ ‬آخِرِ‮ ‬الْـحَيْضِ (that comes at the end of menstrual bleeding) كَـمَاءِ‮ ‬الْقَصَّةِ (which like the water from gypsum). ‮ ‬وَهِـيَ‮ ‬الْـجِيرُ(It [resembles] the water of quicklime) وَالْـقَصَّةُ (and gypsum). أَبْـلغُ (This is a more reliable indicator) للْـمُتَادَةِ (for a woman who is accustom to having a menstrual period). فإِذَا رَأَتِ‮ ‬الْـخُفُوفَ‮ ‬أَوَّلاً (Even if she see the dryness first), ‮ ‬انْـتَظَرَتِ (she should still expect to see) الْـقَصَّةَ (the white water) لآخِرِ‮ ‬الْوَقْتِ‮ ‬الْـمُخْتَارِ (towards the end of the particular period).

وَأَمَّا الْـمُبْتَدَأَةُ (As for the one who is just starting to menstruate), فَـلاَ‮ ‬تَـنْتَطِرُ (she should not expect to see) الْـقَصَّةِ‮ ‬ (the white water)إذَا رأَتِ‮ ‬الْـجُفُوفِ‮ ‬أَوَّلاً‮ ‬(if she sees dryness first). وَعَـلَى الْـمَرْأَتِ (A woman is obligated) أَنْ‮ ‬تَنْتَطِرَ‮  ‬طَهْرَهَا (to look for her state of purity) عِنْدَ‮ ‬النَّوْمِ (when she’s going to sleep) وَعِنْدَ‮ ‬صَـلاَةِ‮ ‬الصُّبْحِ (and when it is time to pray Ṣalatu-ṣ-Ṣubḥ).

وَيَـمْنَعُ‮ ‬الْـحَيْضُ (Menstruation prevents) الصَّلاَةَ (prayer [from being performed]), وَالصَّومَ (fasting) والطَّلاَقَ ([the pronouncement of] divorce), ومَسَّ‮ ‬الْـمُصحَفِ (the touching of a copy of the Qur’an), وَقرَاءَةَ‮ ‬القُرْأَنِ (the recitation of the Qur’an), وَدُخُـولَ‮ ‬الْـمَسْجِـدِ (the entry [of a woman] into the masjid), وَالْـوَطَءَ‮ ‬فِـى الْـفُرْجِ (sexual intercourse [between the man and the woman]) زَمَنَ‮ ‬الْـحَيْضِ (during the time of menstruation), وَبَـعَدَهُ (and after it), قَبْلَ‮ ‬طُهْرِهَا بِالْـمَاءِ (before the woman has purified herself with water).

فصْلٌ (Section) النَّفَاسُ (The Blood of Parturition [Childbirth])

النَّفَاسُ (The blood of parturition [childbirth]) هُـوَ‮ ‬الدَّمُ‮ ‬الْـخَارِجُ (is the blood which comes out) مِـنَ‮ ‬الْـقَبْلِ (of the opening of the woman)  بِسَـبَبِ‮ ‬الْوِلاَدَةِ (because of childbirth) غَـيْرَ‮ ‬زَائِدِ‮ ‬عَلى سِـتِّيـنَ‮ ‬يَوْمًا (for a period not exceeding sixty days)1 فَـلاَ‮ ‬يَسْـتَظْهِرُ ([After sixty days,] there are no precautionary days)2. وَحُـكْمُ‮ ‬دَّمِ‮ ‬النَّفَاسِ (The legal ruling for the blood of parturition [childbirth]) فِـيمَا‮ ‬يَـمْنَعُهُ (in respect to what it prohibits) وَِفِي‮ ‬اقتضَائِهِ‮ ‬الْغَسْلَ (and in respect the necessity of ghusl) حُـكْمُ‮ ‬دَمِ‮ ‬الْـحَيْضِ (is the [same as] legal ruling for menstruation) مُـطْلَقًا (without any restriction). وَاللَّهُ‮ ‬أَعْلَمُ (And Allah is the Best Knower).

Footnotes:

1 Minimum of the bleeding after childbirth (Nifas)

وإذا انقطع دم النفساء وإن كان قرب الولادة اغتسلت وصلت

If the bleeding after childbirth (nifas) 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.]

Maximum of the bleeding after childbirth (Nifas)

وإن تمادى بها الدم جلست ستين ليلة ثم اغتسلت وكانت مستحاضة تصلي‮ ‬وتصوم وتوطأ

However, if bleeding continues longer than sixty days, then she does ghusl anyway, the bleeding is considered as istihada, 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.]

2 The three precautionary days that a woman waits before performing ghusl.

Get full Arabic text by clicking on link: Arabic Text

 Recitation of Matn Al īzziyyah click link: Audio

Questions About Purification from ‘al-Khalaaṣatu-l-Fiqhiyyah

Questions About Purification from ‘al-Khalaaṣatu-l-Fiqhiyyah ʿalaa Madh-habi-s-Saadaati-l-Maalikiyyah’ by Muhammad al ʿArabī al Qarawī

س  _ مَا هِيَ  حَقِيقَتُهَا وَكَمْ  أَقْسَامُهَا

What is it (purification) in reality and how many are its kinds?

ج  _ الطَّهَارَةُ  رَفَعَ  الـْمَنْعِ  الْـمُرَتَّبِ  عَلَى الأَعْضَاءِ  كُلِّهَا وهي  الطهارة الكبرى المسماة بالغسل أو على بعض الأعضاء  وهي  الطهارة الصغرى المسماة بالوضوء والمراد بِالـْمَنْعِ  الحالة التى لا تُبِيحُ  لِلاِنْسَانِ  أَنَ  يُؤَدِّي  عِبَادِتَهُ  كحالة تلبسه بناقض من نواقض الوضوء المانع له من أداء الصلاة مثلا

Purification is the removal of the prohibiting things that accumulate on all of the limbs. This is purification from major impurity which is called ghusl, or [purification is the removal of the prohibiting things that accumulate] on some of the limbs. This is purification from minor impurity which is called wuduu’. What is meant by prohibiting things is the condition which doesn‘t allow the human being to perform his acts of worship, like when he is overcome by the things which nullify wuduu‘ thereby preventing from performing the prayer for example.

والطهارة قسمان طهارة حدث وطهارة خبث

Purification is divided into two types1: ‬طَـاهَـرَةُ‏ حَـدَثٍ (purity from minor or major impurities of the body]) and  طَـاهَـرَةُ‏  خَـبَثٍ (purity from impure substances).

س  _  ما هو الحدث وكم أقسامه

What is طَـاهَـرَةُ‏  حَـدَثٍ (purification from minor or major impurities2 of the body])?

ج  _ هو الـمنع المرتب على الأعضاء كلها وهو الحدث الأكبر الـموجب للغسل أو الـمنع المرتب على بعض الأعضاء وهو الحدث الأصغر الـموجب للوضوء

It is [either purification from] the prohibiting things that accumulate on all of the limbs, and this is major impurity which requires ghusl or it is [purification from] prohibiting things that accumulate on some of the limbs, and this is minor impurity which requires wuduu‘.

س  _  ما هي  طهارة الخبث وبماذا تكون

What is طَـاهَـرَةُ‏  خَـبَثٍ (purification from impure substances)3 and what else is it?

ج  _ هي  إزالة النجاسة عن ثوب الـمصلي  وبدنه ومكانه وتكون بأي  نوع من أنواع المياه إذ الـمعتبر فيها إزالة عيـن النجاسة وتطهير محلها

It is the removal of impure substances from the clothing, body and area of worship of the one who‘s praying, and depending on the kind of water used in regards to it, it is the removal of the source of the impure substance and the purification of the area where it was located.

س  _ هل تنقسم طهارة الحدث وبأي  شيء تكون

Is طَـاهَـرَةُ‏  خَـبَثٍ  (purification from impure substances) divided into different kinds, and what are they?

ج تنقسم إلى قسمين مائية وهي  الوضوء والغسل وترابية وهي  التيمم وتكون بالماء المطلق

It is divided into two kinds: [purification with] water which [is used for] wuduu‘ and ghusl, and [purification with] pure earth [which is used for] tayammum. Purification should be done with  الْـمَاء الـمُطْلَقِ (valid water free from impurities).

س  _ ما هو الماء المطلق

What is الْـمَاء الـمُطْلَق(valid water free from impurities)? 4

ج  _ هي  ما اجتمع فيه شرطان أن  يكون باقيا على أصل خلقته بحيث لم  يخالطه شيء كماء البحر والآبار والماء المجتمع من النَّدَى والذَّاِئبِ  بعدما كان جامدا كالجليد وأن لا  يتغير لونه ولا ريحه بشيء  يفارقه في  الغالب من الأشياء الطاهرة أو النجسة

It (water)5 has two conditions: (1) that it remains in its original state wherein nothing has become mixed with it, like the water of the sea and wells, and the water collected from rain (dew) and what has melted after having been solid, like ice; (2) its color and smell have not been changed by anything which causes a separation in it, whether by something pure or impure.

س  _ ما هو حكم الماء المتغير

What is the ruling with regards to الـْمَاءُ  الـْمُتَغَيِّّرُ (water that has been altered)?

ج  _ إن تغير الماء بنجس فلا  يستعمل للعادة ولا للعبادة كالدم والجيفة والخمر وإن تغير بطاهر  غير ملازم له استعمل للعادة دون العبادة  كاللبن والسمن والعسل وإن تغير بطاهر ملازم له استعمل للعادة كالمتغير بأجزاء الأرض كالـمغرة والملح والكبريت والتراب وبما  يلقى فيه  من أجزائها كالطَّفْلِ  ولو قصدا وكالمتغير بِطْولِ  مَكْثٍ  أو بما تَوَلَّدَ  فيه كالسمك والطَّحْلَبِ  أو بما  يعسر الإحتراز منه كالتبن  وورق الشجر

If the water has been changed6 by an impure substance, like blood, a corpse and wine, it can not be used for a common purpose nor worship, while if it is changed by a pure substance, it must be used for a common purpose, for example the water that has been changed by a something out of the earth, like: red soil, salt, sulphur, and pure earth, and by other things that comes in contact with the water, like potter‘s clay, and when not intended like the water has been changed by something that has been in it a long time or by what has been procreated in it like fish or moss, or  what is difficult to prevent from falling into it, like straw and leaves from trees.

س  _ ما هو الماء الذي  يكره استعماله في  الطهارة

What is dislike about the water which has already been used for purification?7

ج  _ يكره التوضؤ والغسل بالماء القليل الذي  كان استعمل في  واحد منهما والماء الذي  حلت فيه نجاسة ولم تغيره لقلتها ولو كان استعماله في  طهارة الخبث والماء الذي  ولغ  فيه كلب

What is disliked about it is the performance of wuduu‘ and ghusl with a small amount of water which has already been used in the performance of one of them (wuduu‘ or ghusl), and water in which there is an impure substance that has change it, and even if it hasn‘t changed the least of it, and if the water was used for purification from  an impure substance, and the water which a dog has licked.8

Footnotes:

1 الطَّهَارَة (Purity) قِـسْمَانِ (is of two kinds): طَـاهَـرَةُ‏ حَـدَثٍ (purity from minor or major impurities of the body) وَطَـاهَـرَةُ‏  خَـبَثٍ  (and purity from impure substances which pollutes the body, clothing, the place of worship or any other thing connected with worship) – Click the following link:
Matn al Akhḍarii – from The Section about الطَّهَارَة – At-Ṭahaarah (Purity)
2  مَـيْتَةُ  الآدَمِِـيِّ (The human corpse ), غَـيْرَ  الأَمْـبِيَاءِ (all except the prophets) نَـجِسَةٌ (are impure),  وَمَيْتَةَ  مَالاَ  نَفْسَ  لَهُ  سَائِلَةٌ (as well as the dead thing, that unquestionably has no breath) كَالقَسَلَةِ (like the louse) عَـلَى الْـمَشْهُورِ (as is well known), وَالْـبَرْغُوثِ (as well as the flea) عِنْدَ  ابْنِ  الْقَصَّارِ (according to Ibn Qassār), وَمَا أُبِـينَ  مِـنَ  الْـحَيِّ (and what has become physically detached from the living) أَوِ  الْـمَيِّتِ (or the dead), مِـمَّا تَـحُـلّهُ  الْـحَاةُ (from what is lawful while alive) كَـالقَرْنِ (like the horn),  وَالعَظَمِ (the bone),  وَالظُّفْرِ ((the fingernail), وَالـجِـلْدِ (the hide or the skin) نَـجِسَةٌ (are impure), وَلَـبَـنُ  الْـمَـيْتَةِ (as is the milk of the corpse) وَمُحَـرِّمِ  الأَكْـلِ  كَالْكِرْزِيرِ (and that which is is unlawful to eat), كَـالْـكِرْزِيرِ (like the pig), وَالأَتَـان (the female donkey), وَبَولُ  الْـجَلاَّلَـةِ (the urine of most animals) ورَجِـيعُهُ (and their faeces), وَهِـيَ  كُـلُّ   حَـيَوَان (and they are every animal) يَسْـتَعْمِِلُ  النَّجَاسَةَ (that eats things are impure), وَالْـبَوْلُ  وَالْعَذِرَةُ مِـنَ  الآدَمِىِّ (and the urine and the faeces of the human being), غَـيْرَ  فَـضَلَاتِ  الأَنْـبِيَاءِ (except the faeces of the prophets) وَمِـنْ  مُحَـرِّمِ  الأَكْـلِ (and that which is unlawful to eat) وَمَـكْرُوهِـهِ (or is disliked [for consumption]) كَـالسَّبُعِ (like the lion), وَالذِّئْـبِ (and (the wolf), القَيْحُ (and pus), الصَّدِيدُ (festering matter),  الدَّمُّ  الـمَسْفُوحُ (blood pouring out), مِـنَ  الآدَمِـيِّ (from the human being) أًوْ  غَـيرِهِ (or non-human), الْـقَيْءُ (vomit) الْـمُتَغَيِّرُ (which has changed) عَـنْ حَـالَـةِ  الطَّعَامِ (from the condition of being food), وَالـمُسْكِرُ (and the intoxicant) كَـالـخَـمَرِ (such as wine), وَالـمَنِيُّ (and sperm) وَهُـوَ  مِـنَ  الرَّجُـلِ  (which is the from the man);  مَـاءٌ أَبْـيَضُ  ثَّخِينٌ  (it is thick white water) بِـمُثَلَّثَةِ (in appearance);  أَيْ  غَـليظٌ  يَـتَذَفَّقُ (that is to say, it is thick when it gushes out) فِـي  خُـروجِـهِ (of the opening of the penis). رَائِـحَتُهُ  كَـرَائِـحَة الطَّلْعِ (Its smell is like the smell of pollen); وَقَـرِيبٌ  مِـنْ  رَائِـحَةِ  الْـعَجِينِ (while it is closer in smell to dough). وَإِذَا  يَـبِسَ   (when it has dried),  كَـانَ  كَـرَائِـحَةِ  الْبَيْضِ (it smells like the egg). وَمِـنَ الْـمَرْأَةِ (and that which comes from the the woman)مَـاءٌ  أَصْـفَرُ  رَقِـيقٌ (which is a thin yellow water), وَالوَدْيُ  بِـدَالِ  مَـهْمَلَةٍ  وَفِـي  الُـيَاءِ   وَجْـهَانِ (andwadii which is spelled with the letters daaland yaa has two characteristics): التَّشْـدِيدُ  وَالْـخَفِيفُ (intense and light); وَهُـوَ  مَاءٌ  أَبْيَضُ  ثَخِينٌ (it is a white thick liquid) يَخْـرُجُ  غَـالِـبًا (that discharges in most cases) عَـقِبَ  الْـبَولِ (immediately after urine),  وَالـمَذْيُّ (and prostatic fluid) مَـاءٌ أَبْـيَضُ رَقِـيقٌ  (is a white thin liquid) يَخْـرُجُ  عِـنْدَ  اللَّذَّةِ (which is discharged as a result of pleasure) بِالإنْـعَاظِ   (from sexual excitement) أَيْ  قِيَامِ  الذَّكَرِ (that is to say, when the penis is erect),  عِـنَدَ الـمُلَاعَـبَة (either during romance) أَوْ  التَّذْكَـار (or the recollection of it): أَيِ  التَّفَكُّر (that is to say thinking about it), رَمَـاد النِّـجِسِ (The ashes of what is impure) وَالدُّخَـانُهُ (and the smoke from it) نَـجِسٌ ( are [all] impure). [that is to say all the above-mentioned]. – Click the following link:
Matn al ʿIzziyah – from The section about The Status of Substances That Come in Contact with Body or Come from the Body both Externally and Internally
3 فَـأَمَّا أَحْـدَاث (As for impurities of the body), فَخَـمْسَةٌ (they are five kinds): ثَـلاَثةٌ  مِـنْ  الْـقُبُلِ (three are from  the front of the body) وَهِـيَ (and they are): الْـمَذْيُ (prostatic fluid), وَالْـوَديُ (a thick white fluid which flows out immediately after urine)  وَالْـبَوْل (and urine); وَاثْـنَانِ (and two are) مِـنَ  الدُّبْـر  (from the rear of the body) وَهُمَا (and they are): الغَائِطُ (faeces)  وَالرِّيحُ (and gas) –Click the following link:
Matn al Ashmaawiyyah – from The Chapter About نَوَاقِض الْوُضُوءِ (the Things That Nullify Wuḍuu’ [Minor Ablution])
عْـلَمْ  4 (Know) – وَفََّـقَكَ  اللَّهُ (May Allah, Exalted is He grant you success) – أَنَّ  الْـمَاءَ  عَـلَى قِـسْمَيْـنِ (that water is of two kinds): مَـخْـلُوطٍ (mixed)   وَغَـيرِ مَـخْـلُوطٍ  (and unmixed). فَـأَمَّا  غَـيرُ مَـخْـلُوط (As for   unmixed)   فَهُوَ  طُـهُورٌ (it is pure)  وَهُوَ  الْـمَاء الـمُطْلَق (and it is valid water free from impurities);  يَـجُوزُ  مِـنْهُ  الْـوُضُـوءُ (wuḍuu’ can be performed with it), سَـوَاءً (equally whether) نَـزَلَ  مِنَ  السَّمَاء (it has fallen from the sky) أَوْ  نَـبَعَ  مِـنَ  الأَرْضِ (or it has sprung out of the ground). – Click the following link:
Matn al Ashmaawiyyah – from The Chapter About أَقْسَام الْـمِيَاهِ (the Kinds of Water) That Can Be Used To Perform Wuḍuu’
5 قَـال الله تَـعَالَى   (Allah the Most High has said [in His Noble Book]): وَاَنْزَلْـنَا مِنَ  السَّمَاءِ  مَـاءً  طَـهُورًا (We have sent down from the sky pure water). الْـمَاءُ الطَّهُورُ (Pure water is) مَـا كَـانَ  طَـاهِـرًا (what is pure) فِـي  نَـفْسِهِ (in itself) مُطَهِّرًا (and a purifier) لِـغَيْرِهِ (for other substances) – كَـمَاءِ  الْبَحْـرِ (like the water of the sea [for example]), وَالْـبِئْرِ (and the well)  وَالْـمَطْرِ (and the rain), إذَا لَـمْ  يَـتَغَيَّرْ  شَـيْءٌ (as long as nothing has been changed) مِـنْ أَوْصَـافِـهِ  الثَّلاَثِ (in one of its three characteristics), وَهِـيَ (and they are): اللَّوْنُ (the color), وَالطَّعْمُ (the taste), والرِّيحُ (and the smell) – بِـمَا  يَـنْفَكُّ  عَـنْهُ  غَالِبًا (by something that causes a predominant changes in it),  كَـاللَّبنِ (like milk), وَالْعَسَـلِ (honey), وَالْـبَوْلِ (urine) وَالْعَذِرَةِ (and faeces).
فَـإنْ  تَـغٌيَّرَ (If something changes) مِـنْ  أَوْصَـافِـهِ  الثَّلاَثِ (one of its three characteristics of the water) ذُكِـرَ (that have been mentioned) وَنَـحْوِهِ (or something similar happens), فَـلاَ  يَـصِحُّ  الوُضُـوعُ  مِـنْهُ (then wuḍuu’ is not valid from its use) وَلاَ  الْغُسْـلُ (nor is (ghusl)  وَلاَ الاِسْـتِنْجَاءُ (or istinjaa’).  الـْـمُتَغَيَّرُ (That which has been changed) بِـالطَّاهِـرِ (by (the pure) طَاهِـرٌ (is clean) غَـيْرُ  طُـهُورٍ (but not pure enough). يَسْـتَعْمَلُ  فِـي  الْـعَادَتِ (It can be used for a common purpose use), وَلاَ  يَسْـتَعْمَلُ  فِـي  عِـبَادَاتِ (but cannot be used for purposes of worship). الـْـمُتَغَيَّرُ (that which has been changed) بِـالنَّجِسِ (by the impure) نـَـجِسٌ (is impure) وَلاَ  يَسْـتَعْمَلُ  فِـي  شَـيْءٍ   مِـنَ  الْـعَادَاتِ (and can neither be used for common purposes) وَلاَ فِـي شَـيْءٍ مِـنَ العبادات (nor purposes of worship).
وَإِذَِا تَـغَيَّرَ (If the change) بِـمَا هُـوَ  مِـنْ  قِرَارِهِ (is from what has settled at the bottom of it [the water]), كَالتُّرَابِ (such as dust), وَالـْـمِلْحِ (salt), وَالنُّورَة (lime) أَوْ  بِـمَا تَوَلَّدَ  مِنْهُ (or what grows from it [the water]),  كَـالطُّهْـلُب (like moss) أَوْ  بِـطُولِ  الْـمُكْثِ (or because it has been sitting for a long time), فَـإِنَّهُ  لاَ  يَـضُرُّ (then it is not considered noxious) وَيَسْـتَعْمَلُ  فِـي  الْـعَادَتِ (and it can be used for common purposes)  وَالْعِبَادَاتِ (and worship).
وَإِذَا وَقَـعَ  ُفِـي  الْـمَاءِ  الْـقَلِيلِ (If it falls into a small amount of water), كَـآنِـيَةِ  الْـوُضُـوءِ (like [what may be found in] the vessel containing water for ablution) لِـلْـمُتَوَضِّي (for the one who needs to perform wuḍuu’), وَآنِـيَةِ  الْغُسْـلِ (and a vessel containing water for performing major ablution) لِلْـمُغْتَسِـلِ (for the person who is performing major ablution), نَـجَاسَـةً (an impure substance) , ولَـمْ تُـغَيِّرْهُ (and it did not alter it [the water]), فَـإنَّهُ  يَـصِحُّ  الطَّهِـيرُ  بِـههِ (then purification with it is valid), لَـكِنْ  يَـكْرَهُ (but it is disliked) إِذَا وَجَـدَ غَـيْرَهُ (if other [water] is found). – Click the following link:
Matn al ʿIzziyah – from The section about The Characteristics of the Water Used for Minor and Major Ablution
6 وَأَمَّا الْـمَـخْـلُوط (As for mixed water), إذَا تَـغَيَّرَ أَحَـدَ أَوْصَـفِهِ الثَّلاَثَـة (one of it’s three characteristics): لَـوْنِـهِ [it’s color], أَوْ طَـعْمِهِ [it’s taste] أَوْ رِيحِهِ [or it’s smell] has been altered) بِشَيْءٍ (by something). وَهُوَ  عَـلَى قِـسْمَيْـنِ  (Mixed water  is of two kinds):
1) تَـارَةً (Sometimes), يَـخْتَلِطُ (water becomes mixed) بِـنَـجَسٍ (with an impure substance) and فَـيَـتَغَيَّرُ  بِـهِ (the water becomes alters by the impure substance). فَـالْـمَاءُ  نَـجَسٌ (Water that contains an impure substance) لاَ  يَـصِحُّ  مِـنْهُ  الْـوُضُـوءُ (is not valid for wuḍuu’). وَإِنْ  لَـمْ  يَـتَـغَيَّرْ  بِهِ  (If the water has not been altered by the impure substance),  فَإِنْ  كَانَ  الْـمَاءُ  قَـلِيلًا (but the water is a small amount), كُـرِهَ  الْـوُضُـوءُ  مِـنْهُ (the performance of wuḍuu’ with it is disliked). عَـلَى الْـمَشْهُورِ (This is in accord with what is well known in the madh-hab of Imām Mālik).
2)  وَتَـارَةً (Sometimes), ‬يَـخْتَلِط (water becomes mixed) بِـالطَّاهِـرِ (with a pure substance)فَـيَـتَغَيَّرُ  بِـهِ (and the water becomes alters by the pure substance). فَـإِنْ كَـانَ الطَّاهِـرُ (If the pure substance is) مَِـمَّا يُـمْكِنُ الاِحْـتِرَازُ مِـنْه (is a substance  that can be prevented from being mixed with the water), كَـالْـمَاءِ مَخْـلُوطٌ (like water which has been mixed)  بِـالزَّعْـفَرَان (with saffron), وَالْـوَرْد (rose), وَالْـعَجِين (dough)  وَأَشْـبَهُ  ذَالِـكَ (and what is similar to these things), فَهَـذا الْـمَاء (then this water) طَّاهِـرِ فِـي نَـفْسِهِ (is pure in its essence), غَـيْرُ مُطَهَـرُ لِـغَيْرِهِ (but not a purifier for anything else). فَيُسْـتَعْمَلُ فِـي الْـعَادَاتِ (It can be used for ordinary purposes) مِـن طَبْخٍ (such as cooking), وَعَـجْنٍ (making dough), وَشُرْبٍ (drinking) وَنَحْوِ  ذَالِـكَ (and things of that nature).وَلاَ  يُسْـتَعْمَلُ  فِـي الْـعِبَادَاتِ (It can not be use for purposes of worship) وَلاَ  فِـي  وُضُـوءِ (nor for wuḍuu’)  وَلاَ فِـي غَـيْرِهِ (nor anything else in that category).
وَإِنْ  كَـانَ بِـمـا  يُـمْكِنُ  الاِحْـتِرَازُ  مِـنْهُ (If the water can not be preserved from the pure substance being mixed with it), كَـالْـمَاءِ  الْـمُتَغَيَّرِ  (like water that has been changed)  بِـالسَّبْخِ (by salt from the salt marsh),   أَوِ  الْـحَـمَأَةِ (or mud),   أَوِ  الْـجارِي  عَـلَى مَعْدنِ  زِرنِـيخٍ  أَوْ  كِـبْرِيتٍ (or the run off from a source where arsenic or sulfur originates) أَوْ نَـحْوُ ذَالِـكَ (or what is similar to these things), فَهَـذا كُـلُّهُ  طُـهُورٌ (this water in it’s entirety is pure) and يَـصِحُّ مِـنْهُ الْـوُضوءُ (the wuḍuu’ that is perform with it is valid). وَاللَّهُ أَعْلَمُ (Allah is the Best Knower) – Click the following link:
Matn al Ashmaawiyyah  – from The Chapter About أَقْسَام الْـمِيَاهِ (the Kinds of Water) That Can Be Used To Perform Wuḍuu’
وَالْـمَـاءُ  الْـمُسْـتَعْمَلُ  فِـي  الْـوُضُـوء  وَالْغُسْـل 7(Water previously used for wuḍuu’ and ghusl) طَـهُورٌ (is pure); يَـكْرَهُ  الطَّهِـيرُ بِـهِ (but purification with it is disliked) مَـعَ  وُجُـود (if other water is found). وَفِـي الْـمُسْـتَعْمَلُ  فِـي غَـيْرِهِ (In regards to used water) which is used for other than wuḍuu’, like كَـالْـمُسْـتَعْمَلِ  فِـي  التَّبَرُّدِ (the water used to refresh oneself or cool off) وَغَسْـلِ الْـجُـمُعَةِ (and used for the ghusl the Jumuʿah prayer), قَـوْلاَنَ (there are two views) بِـالْـكَرَاهَـةِ (concerning the disliked of it) عَدَمِهَا (and the absence of a dislike for it) – Click the following link:
Matn al ʿIzziyah – from the section about The Characteristics of the Water Used for Minor and Major Ablution

8 ‬ قَالَ‮ ‬وَقَالَ‮ ‬مَالِكٌ‮ ‬‭:‬‮ ‬فِي‮ ‬الإِنَاءِ‮ ‬يَكُونُ‮ ‬فِيهِ‮ ‬الْـمَاءُ‮ ‬يَلَغُ‮ ‬فِيهِ‮ ‬الْكَلْبُ‮  ‬قَالَ‮ ‬مَالِكٌ‮ ‬‭:‬‮ ‬إنْ‮ ‬تَوَضَّأَ‮ ‬بِهِ‮ ‬وَصَلَّى أَجْزَأَهُ‮ ‬قَالَ‮ ‬‭:‬‮ ‬وَلَمْ‮ ‬يَكُنْ‮ ‬يَرَى الْكَلْبَ‮ ‬كَغَيْرِهِ‮ ‬قَالَ‮ ‬وَقَالَ‮ ‬مَالِكٌ‮ ‬إنْ‮ ‬شَرِبَ‮ ‬مَائًا مِنْ‮ ‬الإِنَاءِ‮ ‬مَا‮ ‬يَأْكُلُ‮ ‬الْـجِيَفَ‮ ‬مِنْ‮ ‬الطَّيْرِ‮ ‬وَالسِّبَاعِ‮ ‬لَمْ‮ ‬يَتَوَضَّأْ‮ ‬بِهِ

He (Ibn al-Qaasim) said, “Maalik said, If a water container has water in it that the dog has licked.” He (Ibn al-Qaasim) said, “Maalik said, ‘If he performed wuḍuu’ with it and prayed it is allowed.” He (Ibn al-Qaasim) said, “He (Maalik) was was not of the opinion that the dog was similar to other (animals).”  He (Ibn al-Qaasim) said, “Maalik said, ”If he (the dog) drank water from a container when he has eaten  الْـجِيفَ‮ ‬مَـنْ‮ ‬الطَّيْرِ (the dead bird) or السِّبَاعِ (animal), then he (the worshipper) should not perform Wuḍuu’ with it (that water).”

قَالَ‮ ‬وَقَالَ‮ ‬مَالِكٌ‮ ‬‭:‬‮ ‬إنْ‮ ‬وَلَغَ‮ ‬الْكَلْبُ‮ ‬فِي‮ ‬إنَاءٍ‮ ‬فِيهِ‮ ‬لَبَـنٌ‮ ‬فَلاَ‮ ‬بَأْسَ‮ ‬بِأَنْ‮ ‬يُؤْكَلَ‮ ‬ذَلِكَ‮ ‬اللَّبَـنُ‮ ‬قُلْتُ‮ ‬هَلْ‮ ‬كَانَ‮ ‬مَالِكٌ‮ ‬يَقُولُ‮ ‬يُغْسَلُ‮ ‬الإِنَاءُ‮ ‬سَبْعَ‮ ‬مَرَّاتٍ‮ ‬إذَا وَلَغَ‮ ‬الْكَلْبُ‮ ‬فِي‮ ‬الإِنَاءِ‮ ‬فِي‮ ‬اللَّبَـنِ‮ ‬وَفِي‮ ‬الْـمَاءِ؟ قَالَ‮ ‬‭:‬‮ ‬قَالَ‮ ‬مَالِكٌ‮ ‬‭:‬‮ ‬قَدْ‮ ‬جَاءَ‮ ‬هَذَا الْـحَدِيثُ‮ ‬وَمَا أَدْرِي‮ ‬مَا حَقِيقَتُهُ‮ ‬

Maalik said, “If a dog licks from a container in which there was milk, there was no objection to that milk being drunk.”  I said, “didn’t Maalik used to say, “the bowl that a dog licked  should be washed seven times when the dog licked milk or water in the bowl ?”  He (Ibn al-Qaasim) said, “Maalik said, “This hadiith has come and I do not know about its authenticity.”

قَالَ‮ ‬وَكَأَنَّهُ‮ ‬كَانَ‮ ‬يَرَى أَنَّ‮ ‬الْكَلْبَ‮ ‬كَأَنَّهُ‮ ‬مِنْ‮ ‬أَهْلِ‮ ‬الْبَيْتِ‮ ‬وَلَيْسَ‮ ‬كَغَيْرِهِ‮ ‬مِنْ‮ ‬السِّبَاعِ‮ ‬،‮ ‬وَكَانَ‮ ‬يَقُولُ‮ ‬‭:‬‮ ‬إنْ‮ ‬كَانَ‮ ‬يُغْسَلُ‮ ‬فَفِي‮ ‬الْـمَاءِ‮ ‬وَحْدَهُ‮ ‬وَكَانَ‮ ‬يُضَعِّفُهُ‮ ‬،‮ ‬وَقَالَ‮  ‬لاَ‮ ‬يُغْسَلُ‮ ‬مِنْ‮ ‬سَمْنٍ‮ ‬وَلاَ‮ ‬لَبَـنٍ‮ ‬وَيُؤْكَلُ‮ ‬مَا وَلَغَ‮ ‬فِيهِ‮ ‬مِنْ‮ ‬ذَلِكَ‮ ‬وَأَرَاهُ‮ ‬عَظِيمًا أَنْ‮ ‬يَعْمِدَ‮ ‬إلَى رِزْقٍ‮ ‬مِنْ‮ ‬رِزْقِ‮ ‬اللَّهِ‮ ‬فَيَلْقَى الْكَلْبَ‮ ‬وَلَغَ‮ ‬فِيهِ‮ ‬

He (Ibn al-Qaasim) said it seemed he (Maalik) viewed the dog as being part of the household and not wild or from among predatory creatures.  He used to say, “If he washes, it should be the bowl containing water solely, and he said (the opinion) was weak.  He (Maalik) said, “It is not washed when it contains fat nor milk, though what has been licked from among these things can be eaten. I view it as magnificent that it is intended as رِزْق (a blessing) from  رِزْقِ (the blessings) of Allah.  Its the dog’s share, so he licks it.”

قَالَ‮ ‬عَلِيُّ‮ ‬ابْنُ‮ ‬زِيَادٍ‮ ‬عَنْ‮ ‬مَالِكٍ‮  ‬فِي‮ ‬الَّذِي‮ ‬يَتَوَضَّأُ‮ ‬بمَاءٍ‮ ‬قَدْ‮ ‬وَلَغَ‮ ‬فِيهِ‮ ‬الْكَلْبُ‮ ‬ثُمَّ‮ ‬صَلَّى‮ ‬،‮ ‬قَالَ‮ ‬‭:‬‮ ‬لاَ‮ ‬أَرَى عَلَيْهِ‮ ‬إِعَادَةً‮ ‬وَإِنْ‮ ‬عَلِمَ‮ ‬فِي‮ ‬الْوَقْتِ‮ ‬قَالَ‮ ‬عَلِيٌّ‮ ‬وَابْنُ‮ ‬وَهْبٍ‮ ‬عَنْ‮ ‬مَالِكٍ‮ ‬وَلاَ‮ ‬يُعْجِبُنِي‮ ‬الْوُضُوءُ‮ ‬بِفَضْلِ‮ ‬الْكَلْبِ‮ ‬إذَا كَانَ‮ ‬الْـمَاءُ‮ ‬قَلِيلاً‮ ‬قَالَ‮ ‬وَلاَ‮ ‬بَأْسَ‮ ‬بِهِ‮ ‬إذَا كَانَ‮ ‬الْـمَاءُ‮ ‬كَثِيرًا كَهَيْئَةِ‮ ‬الْـحَوْضِ‮ ‬يَكُونُ‮ ‬فِيهِ‮ ‬مَاءٌ‮ ‬كَثِيرٌ‮ ‬أَوْ‮ ‬بَعْضُ‮ ‬مَا‮ ‬يَكُونُ‮ ‬فِيهِ‮ ‬مِنْ‮ ‬الْـمَاءِ‮ ‬الْكَثِيرِ‮ ‬

ʿAlī bin Ziyaad related from Maalik concerning the person who performed wuḍuu’ with water which a dog had licked then prayed, “I am not of the opinion he has to repeat the prayer even if he knows on time.”  He (Ibn al-Qaasim) said, “ʿAlī and Ibn Wahb related from Maalik, “The wuḍuu’ (with water) that has the remnant of the dog in it is not appealing to me if it is a small amount of water.  Its not objectionable it is a lot of water like the case of the الحوض (cistern) wherein there is a lot of water in it or whatever water is in it is a good amount.

ابْنُ‮ ‬وَهْبٍ‮ ‬عَنْ‮ ‬ابْنِ‮ ‬جُرَيْجٍ‮ ‬إنَّ‮ ‬رَسُولَ‮ ‬اللَّهِ‮ ‬صَلَّى اللَّهُ‮ ‬عَلَيْهِ‮ ‬وَسَلَّمَ‮ ‬وَرَدَ‮ ‬وَمَعَهُ‮ ‬أَبُو بَكْرٍ‮ ‬وَعُمَرُ‮ ‬عَلَى حَوْضٍ‮ ‬فَخَرَجَ‮ ‬أَهْلُ‮ ‬الْـحَوْضِ‮ ‬فَقَالُوا‮ ‬‭:‬‮ ‬يَا رَسُولَ‮ ‬اللَّهِ‮ ‬إنَّ‮ ‬الْكِلابَ‮ ‬وَالسِّبَقَالَ‮ ‬تَلَغُ‮ ‬فِي‮ ‬هَذَا الْـحَوْضِ‮ ‬،‮ ‬فَقَالَ‮ ‬‭:‬‮ ‬لَهَا مَا أَخَذَتْ‮ ‬فِي‮ ‬بُطُونِهَا وَلَنَا مَا بَقِيَ‮ ‬شَرَابًا وَطَهُورًا وَأَخْبَرَنَي‮ ‬عَبْدُ‮ ‬الرَّحْمَنِ‮ ‬بْنُ‮ ‬زَيْدٍ‮ ‬عَنْ‮ ‬زَيْدِ‮ ‬بْنِ‮ ‬أَسْلَمَ‮ ‬عَنْ‮ ‬عَطَاءِ‮ ‬بْنِ‮ ‬يَسَارٍ‮ ‬عَنْ‮ ‬أَبِي‮ ‬هُرَيْرَةَ‮ ‬بِهَذَا عَنْ‮ ‬رَسُولِ‮ ‬اللَّهِ‮ ‬صَلَّى اللَّهُ‮ ‬عَلَيْهِ‮ ‬وَسَلَّمَ

Ibn Wahb has related from Ibn Jarayj that “the Messenger of Allah صلى الله عليه وسلّم had returned to a ḥawd along with Abū Bakr and ʿUmar, and the people who owned the ḥawd came and said, “Oh Messenger of Allah, the dogs and beast of prey have drunk from this ḥawd.”  He صلى الله عليه وسلّم said, ‘For them is what they take in their stomachs and for us is what is left; a drink that is pure.’ ”  He told me ʿAbdur Rahmaan bin Zayd related this from Zayd bin Aslam from ʿAtaa bin Yasaar from Abū Hurayrah from the Messenger of Allah صلى الله عليه وسلّم.

وَقَدْ‮ ‬قَالَ‮ ‬عُمَرُ‮ ‬‭:‬‮ ‬لاَ‮ ‬تُخْبِرْنَا‮ ‬يَا صَاحِبَ‮ ‬الْـحَوْضِ‮ ‬فَإِنَّا نَرِدُ‮ ‬عَلَى السِّبَاعِ‮ ‬وَتَرِدُ‮ ‬عَلَيْنَا فَالْكَلْبُ‮ ‬أَيْسَرُ‮ ‬مُؤْنَةً‮ ‬مِنْ‮ ‬السِّبَاعِ‮ ‬،‮ ‬وَالْهِرُّ‮ ‬أَيْسَرُهُمَا لأَنَّهُ‮ ‬مِمَّا‮ ‬يَتَّخِذُهُ‮ ‬النَّاسُ

ʿUmar said, “Do not tell us oh owner of the ḥawd; for we come behind the beasts of prey and they come behind us.”  Thus, the dog is an easier burden on us than the beast of prey and the cat is an easier burden than both of them, because of what human beings receive from it.

قَالَ‮ ‬ابْنُ‮ ‬الْقَاسِمِ‮ ‬وَقَالَ‮ ‬مَالِكٌ‮ ‬لاَ‮ ‬بَأْسَ‮ ‬بِلُعَابِ‮ ‬الْكَلْبِ‮ ‬يُصِيبُ‮ ‬ثوْبَ‮ ‬الرَّجُلِ‮ ‬وَقَالَهُ‮ ‬رَبِيعَةُ‮ . ‬وَقَالَ‮ ‬ابْنُ‮ ‬شِهَابٍ‮ ‬لاَ‮ ‬بَأْسَ‮ ‬إذَا اُضْطُرِرْتَ‮ ‬إلَى سُؤْرِ‮ ‬الْكَلْبِ‮ ‬أَنْ‮ ‬يُتَوَضَّأَ‮ ‬بِهِ

Ibn al-Qaasim said, “Maalik said, ‘there is no harm if اللُّعَاب (the saliva) of the dog comes in contact with the garment of a man’ and Rabiiʿah said it (also).”  Ibn Shihaab said, “There is no objection if you perform Wuḍuu’ with water that has the remnants of a dog. Click the following link:
Al-Mudawwana – from the chapter about Wuḍuu’With (Water That Has) السُّؤْر (The Remnants) of Animals, Chickens, and Dogs’ (That Have Drank From It)  

The Restoration of the Use of Our Money

بسم الله الرحمن الرحيم

The Restoration of the Use of Our Money

Speech of YB Senator Mumtaz binti Md. Nawi on the 25th Aug 2011

HARI ZAKAT, KOTA BHARU, KELANTAN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Published in: on August 27, 2011 at 18:51  Leave a Comment  

فَصْلٌ فِي الْـمَسْحِ عَلَى الْـخُفَّيْـنِ (Wiping over the Leather Socks) from Matn al ʿIzziyah

‮  ‬فَصْلٌ‮ ‬فِي‮ ‬الْـمَسْحِ‮ ‬عَلَى الْـخُفَّيْـنِ‮ ‬(Wiping over the Leather Socks)‮ ‬

لِـلْـمَسْحِ‮ ‬ (Wiping over the leather  socks) عَـلَيْهِ‮ ‬ثَـمَانِيَّةُ شُـرُوطٍ(has eight conditions): الأَوَّلُ (the first them is)‭:‬ ‮ ‬أَنْ‮ ‬يَـكُونَ‮ ‬جِـلْدًا (that the socks are leather). فَلاَ‮ ‬يَــمْسَحُ (Do not wipe) عَلَى‮ ‬غَيْرِهِ (over  any other material), كَالْـخِرَقِ (for example ragged or patched material) وَنَحْوِهَا (or what is similar) ‮ ‬إِذَا صُـنِعَتْ (even if it is made) ‮ ‬عَلَى هَيْئَةِ‮ ‬الْـخُفِّ (in the pattern of leather socks)  ‮ ‬إِلاَّ‮ ‬الْـجَوْرَبَ (except Jawrab) ‮ ‬وَهْـوَ‮ ‬مَـا كَـانَ (which is made) عَلَى الشَّكْلِ‮ ‬الْـخُفِّ (on the pattern of the leather sock) مِـنَ‮ ‬الْـكَتَّانِ (from linen), ‮ ‬وَنَحْوِهِ (and similar to the leather sock), ‮ ‬مِنْ‮ ‬فَوْقِهِ (on its top) وَتَـحْتِهِ (and its bottom) جِلْدٌ‮ ‬مَخْرُوزٌ (there is sewn leather.)

الثَّانِى (Second), ‮ ‬أَنْ‮ ‬يَكُونَ‮ ‬طَاهِرًا (it is clear) ‮ ‬فَلاَ‮ ‬يَـمْسَحُ (that the worshipper should not wipe) عَلَى النَّجِسِ (unclean substances) كَجِلْدِ‮ ‬الْـخَنْزِيرِ (the leather of the pig) وَجِلْدِ‮ ‬الْـمَأْكُلُ (and the leather of an animal that is lawful to eat) غَـيْرِ‮ ‬الْـمُذَكَّى (but not lawfully slaughtered) أَوْ‮ ‬الْـمُذَكَّى (or an animal properly slaughtered)‮ ‬غَيْرِ‮ ‬الْـمَأْكُلِ  (but not lawful to eat) وَإِنْ‮ ‬دُبِغَ (even if it has been tanned).

الثََّالِثُ (Third): ‮ ‬أَنْ‮ ‬يَكُونَ‮ ‬مَخْرُوزًا (the leather socks should be sewn),  ‮ ‬فَلاَ‮ ‬يَـمْسَحُ‮ ‬عَلَيْهِ (and the worshipper shouldn’t wipe over them) ‮ ‬إِذَا كَـانَ‮ ‬مَـرْبُـوطًا (if they are tied) ‮ ‬أَوْ‮ ‬نَـحْوَهُ (or what is similar).

الرَّابِعُ (Fourth): ‮ ‬أَنْ‮ ‬يَكُونَ‮ ‬سَـاتِـرًا (The leather sock should cover) ‮ ‬لِـمَحَـلِّ‮ ‬الْـفَرْضِ (the obligatory area of the foot that has to be washed) ‮ ‬لاَ‮ ‬مَا نَقَصَ (not what is less than that). ‮ ‬فَلاَ‮ ‬يَصِحُّ (It is not correct) ‮ ‬الْـمَسْحُ‮ ‬عَلَيْهِ ( to wipe over it) ‮ ‬وَإِنْ‮ ‬كَانَ‮ ‬فِيهِ‮ ‬خرْقٌ‮ ‬كَبِيرٌ (if there is a large hole in it) ‮ ‬قَدْرُ‮ ‬ثُلَثِ‮ ‬الْقَدَمِ  (the size of a third of the foot).

الْـخَامِـسُ (Fifth): أَنْ‮ ‬يُـمْكِنُ (It should be possible) تَـتَابِـعُ‮ ‬الْـمَشْـيِ‮ ‬بِـهِ (to walk in them) فَالوَسِعُ (and if there is wideness) الَّذِي‮ ‬لاَ‮ ‬يُـمْكِنُ (which makes it impossible)‮ ‬أَنْ‮ ‬يَـتَابِـعَ‮ ‬الْـمَشْـيِ‮ ‬بِـهِ (to walk in them), لاَ‮ ‬يَـمْسَحُ‮ ‬عَـلَيْهِ (then the worshipper)  (should not wipe over them).

السَّادِسُ (Sixth): أَنْ‮ ‬يَلْبَسَهُ (The worshipper should put the leather socks on) عَلَى طَهَارَةٍ‮ ‬ ([immediately] after performing the purification), فَلاَ‮ ‬يَـمْسَحُ‮ ‬عَلَيْهِ (while he should not wipe over them) ‮ ‬إِذَا لَـبِسَهُ (if he puts them on) وَهْـوَ‮ ‬مُـحْـدِثٌ (while he is in a state of impurity); وَيُشْـتَرَطُ (It is conditional) فِـي‮ ‬هَـاـذَهِ‮ ‬الطَّهَارَةِ (in  regards to this purification), أَنْ‮ ‬تَـكُونَ‮ ‬مَائِـيَةً (that it be done with water). ‮  ‬فَـلَوْ‮ ‬تَـيَمَّمَ (If the worshipper performs tayammum) ثُـمَّ‮ ‬لَـبِسَهُ (and then puts the leather socks on), لمْ‮ ‬يَـمْسَحُ‮ ‬عَـلَيْهِ (he should not wipe over them). وَأَنْ‮ ‬تَكُونَ‮ ‬كَامِلَةً ([It is also a condition] that it [the actions of purification] should be thoroughly completed). ‮ ‬فَـلَوْ‮ ‬غَسَـلَ (If the worshipper washes) إِحْـدَى رِجْـلَيْهِ (one of his feet), وَأَدْخَـلََهَا فِي‮ ‬الْـخُفِّ (and then puts it in the leather sock) ‮ ‬قَـبْلَ‮ ‬غَسْـلِ‮ ‬الأُخْـرَى (before washing the other) وَنَـحْوُ‮ ‬ذَالِـكَ (and what is similar to that), لاَ‮ ‬يَـمْسَحُ‮ ‬عَـلَيْهِ (he should not wipe over the sock).

السَّابِـعُ (Seventh): أَنْ‮ ‬لاَ‮ ‬يَكُونَ‮ ‬عَـاصِـيًا (the worshipper should not be in a state of disobedience) بِـلَبْسِهِ (when he is wearing them), كَـالْـمُحْـرِمِ (like the person who is in iḥraam) ‮ ‬غَـيْرِ‮ ‬الْـمُضْطَرِّ (who doesn’t need) لِـلُبْسِهِ (to wear them), أَوْ‮ ‬بِـسَفَرِهِ (or the person who is traveling) كَـالعَاقِّ (as a rebel) وَلآبِقِ (and a run away slave), فَـلاَ‮ ‬يَـمْسَحُ (Such a person should not wipe) ‮ ‬وَاحِـدٌ‮ ‬مِـنْهَُمَا (not even one of them).

الثَّامِـنُ (Eighth): أَنْ‮ ‬لاَ‮ ‬يَـكُونَ (the leather socks should not be) مُـتَرَفِّهًا (for the purpose of adornment) بِـلَبْسِهِ (when they are worn]), فَـمَنْ‮ ‬لَـبِسَهُ‮ ‬ (while who ever wears them) لِـنَوْمٍ (to sleep) أَوْ‮ ‬نَحْوِهِ (or what is similar), لاَ‮ ‬يَـمْسَحُ‮ ‬عَلَيْهِ (should not wipe over them).‮                              ‬

‮                ‬

تَـنْبِيهٌ‮ ‬- (Note):

إِذَا اجْـتَمَعَتْ‮ ‬هَـاـذَهِ‮ ‬الشُّرُوطُ (When all of these conditions have been met), ‮ ‬جَـازَ‮ ‬الْـمَسْحُ (then wiping over [the leather socks] is permissible) وَلاَ‮ ‬يَـتَوَقَّتُ (there is no set time limit) بِـوَقْـتٍ (in regards t0 time) وَلاَ‮ ‬يَلْزَمُهُ (and there is no necessity) نَزْعَهُ (for the removal of them) إِلاَّ‮ ‬أَنْ‮ ‬تَـحْصُلَ‮ ‬لَـهُ‮ ‬جَـنَابَـةٌ (unless major impurity  occurs in regards to  the worshipper) ‮ ‬أَوْ‮ ‬تَـحْصُلَ‮ ‬فِـيْهِ‮ ‬خَـرْفٌ‮ ‬كَـبِيرٌ (or they get a large hole in them) أَوْ‮ ‬يَـنْزَعَ‮ ‬قَـدَمَهُ (or the worshipper removes his foot) أَوْ‮ ‬أَكْثَرَهَا (or most of it) إِلَى سَاقِ‮ ‬خُفِّهِ (inside of his leather sock).

وَصِـفَة الْـمَسْحُ‮ ‬الْـمُسْتَحَيَّة (The recommended description of the wiping) أَنْ‮ ‬يَـضَعَ (is that the worshipper places)‮ ‬أَصَابِعَ‮  ‬يَدِهِ‮ ‬الْـيُمْنَى (the fingers of the right hand) ‮ ‬عَلَى أَطْرَافِ‮ ‬أَصَابِعِ‮ ‬رِجْلِهِ‮ ‬مِنْ‮ ‬ظَـاهِـرِ‮ ‬قَـدَمِـهِ‮ ‬الْـيُمْنَى (on the top of the tip of the toes of his right foot) ‮ ‬وَيَضَعَ‮ ‬يَدَهُ‮ ‬الْيُسْرَى (and place his left hand) مِـنْ‮ ‬تَـحْتِهِ‮ ‬أَطْـرَافِ‮ ‬أَصَـابِـعِهِ (under the tips of the toes) مِنْ‮ ‬بَاطِنِ‮ ‬خُفِّهِ (of the bottom of the leather socks) وَيُـمِرَّهُـمَا (and pass them) ‮ ‬إِلَـى الْـكَعْبَيْـنِ (up to ankle),‮ ‬وَيَـفْعَلُ بِالْيُسْرَى‮ ‬(and do the same on the left sock) كَذَالِكَ (as that) ‮ ‬عَلَى أَحَدِ‮ ‬الْقَوْلَيْـنِ (according to one of two views).

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فصل – Section: التَّيَمُّمُ (Dry Ablution) from Matn al ʿIzziyah

فصل – Section: التَّيَمُّمُ (Dry Ablution)

التَّيَمُّمُ (Dry ablution) طَهَارَةٌ‮ ‬تُرابِيَّةٌ (is purification with earth). تَشْتَمِلُ‮ ‬عَلَى (It consists of) ‮ ‬مَسْحِ‮ ‬الْـوَجْهِ (wiping the face) وَالْـيَدَيْنِ (and the hands). وَسَـبَبُهُ (The reason being), ‮ ‬فَقَدُ‮ ‬الْـمَاءِ‮ ‬حَـقِيقَةَ (the failure to actually find water) ‮ ‬أَوْ‮ ‬مَـا هُـوَ‮ ‬فِـي‮ ‬حُـكْمِهِ (or the water has a ruling in regards to it), مِثْلُ‮ ‬أَنْ‮ ‬يَكُونَ‮  ‬مَعَهُ‮ ‬مِنَ‮ ‬الْـمَاءِ‮ ‬مَا لاَ‮ ‬يَكْفِيهِ (like: the water isn’t enough), أَوْ‮ ‬مَاءٌ‮ ‬يُخَافُ‮ ‬بِـاسْـتِعْمَالِـهِ‮ ‬فَـوَاتَ‮ ‬نَـفْسِهِ (or it is water, about which there is feared that its usability has passed),أَوْ‮  ‬فَـوَاتَ‮ ‬مَـنْفَعَتٍ (or its usefulness has passed)1,‮ ‬أَوْ‮ ‬زِيَـادَةَ‮ ‬مَـرْضٍ (it may increase an illness), ‮ ‬أَوْ‮ ‬تَأَخُّرَ‮ ‬بُرْءٍ (or delay recovery) أَوْ‮ ‬حَـدُوث مَـرضٍ (or can cause of illness). ‮

يُـبَاحُ‮ ‬التَيَمُّمُ (Dry ablution is recommended) ‮ ‬مِـنَ‮ ‬الْـحَـدَثِ‮ ‬الأَصْـغَرِ‮ ‬وَلأَكْـبَرِ (for both small and large impurity) إِذَا وُجِدَ‮ ‬سَـبَبَهُ (when the reason for performing it is) ‮ ‬لِـلْمَرِيضِ (because someone is  sick) وَالْـمُسَافِرِ (or because someone is traveling); لِـكُلِّ‮ ‬صَـلاَةٍ‮ ‬ ([it can be performed] for every prayer).  ‬وَلِـلصَّحيحِ‮ ‬الْـحَاضِـر([It is also recommended] for the healthy person who is not traveling) لِـصَلاَةِ‮ ‬الْـجَنَازَةِ ([who is] attending the funeral prayer), ‮ ‬إِذَا تَـعَيْـنَت(if it is incumbent upon him).2,  ‬وَلِـفَرْضِ (and [it is recommended] for obligatory prayers)  غََـيْرِ‮ ‬الْـجُـمُعَةِ (other than Jumuʿah prayer) بِشَـرْطِ (on the condition)‮ ‬أَنْ‮ ‬يَخْشَـى (that it is feared) فَـوَاتِ‮ ‬الْوَقتِ (that the time will pass) بِاسْتِعْمَالِ‮ ‬الْـمَاءِ (before water can be used), وَلاَيُعِيدُ (and it (these prayers are not redone). ‮ ‬بِـخِلاَفَةِ‮ ‬الْـجَنَازَة

(The exception is the funeral prayer) ‮  ‬إِذَا لَـمْ‮ ‬تَـتَعَيَّنْ (if it is not incumbent upon the person) ‮ ‬وَ‮ ‬فَـرْضِ‮ ‬الْـجُـمُعَة(and the obligatory Friday prayer), ‮ ‬وَلَـوْ‮ ‬خَشِـيَ‮ ‬فَـوَاتَـه(even if he fears the time for it will pass), وَسَـائِـرِ‮ ‬النَّوَافِـلِ (and the rest of supererogatory prayers) ‮ ‬سُـنَنِهَا (including those that are sunnah) وَمُسْـتَحَبَّاتِـهَا (and the ones that are meritorious).

وَيىَبْطَلُ‮ ‬التَّيَمَّمُ (Dry ablution becomes nullified) ‮ ‬بِـمَا‮ ‬يَبْطُلُ‮ ‬بِهِ‮ ‬الْوُضُوءُ (by the same things that nullify wuduu’), ‮ ‬وَبِـوُجُـودِ‮ ‬الْـمَاء(as well as the discovery of water) ‮ ‬قَـبْلَ‮ ‬الصَّلاَة(before the prayer),إِلاَّ‮ ‬أَنْ‮ ‬يَخْشَى فَوَاتِ‮ ‬الْوَقْتِ (unless the worshipper fears the time will pass) بِاسْتِعْمَالِهِ (by waiting to use water).

وإِذَا رَأَى الْـمَاءَ (If he sees water) وَهُوَ‮ ‬فِي‮ ‬الصَّلاَةِ (while he is praying), لَمْ‮ ‬تَبطُلْ‮ ‬صَلاَتِهِ (his prayer does not become nullified).

وَيَـتَيَمَّمُ‮ ‬بِـالصَّعِيدِ‮ ‬الطَّيِّبِ (The worshipper should perform dry ablution with pure earth). وَهُـوَ‮ ‬التَّرَابُ (It could be soil), وَالْـحَجَرُُ (stone) وَالرَّمْلُ (or sand) ‮ ‬وَجَمِيع أجْـزَاءِ‮ ‬الأَرْضِ (and all types of  natural earthly material) ‮ ‬مَــا دَامَـتْ‮ ‬عَـلَى هَـيْئَتَهَا لَمْ‮ ‬تُـغَيِّرْهَـ(as long as its condition has not been changed) صَـنْعَةُ‮ ‬آدَمِـيٍّ (by human fabrication) بِـطَبْخٍ (through [the process of] baking) وَنَـحْوِهِ (and what is similar). وَالتَّرَابُ‮ ‬أَفْضَلُ‮ ‬مِنْ‮ ‬غَيْرِهِ (Soil is better than the other things mentioned).

وَلاَيَتَيَمَّمُ (A worshipper should not perform dry ablution) عَلَى شَيْءٍ‮  ‬نَـفِيسٍ (on precious things)  كَالْـذَهْـبِ‮ ‬وَالْـفِضَّةِ (like gold or silver) وَلاَ‮ ‬عَـلَى لِـبْدٍ‮ ‬ (nor on wool) ‮ ‬وَلاَ‮ ‬عَـلَى بِسَاطٍ (nor on carpets) وَلاَحَـصِيرٍ (nor on mats) وَإِنْ‮ ‬كَـانَ‮ ‬فِـيهَا‮ ‬غُـبَارٌ (even if dust is on them).

وَيَـجُوزُ‮ ‬لِـلْمَرِيضِ (It is permissible for the sick person) إِذَا لَمْ‮ ‬نَـجِدْ (who can’t find) مَنْ‮ ‬يُنَاوِلُهُ‮ ‬تُرَابًا (someone to bring him earth) أَنْ‮ ‬يَـتَيَمَّمَ (to perform dry ablution) بِـالْـجِـدَارِ (on a wall) ‮ ‬الْـمَبْنِيِّ‮ ‬بِـطُوبِ‮ ‬النِّيءِ (which has been constructed from unbaked brick)  ‬أَوْ‮ ‬بِـالْـحِجَارَةِ (or stone) إِذَا كَانَتْ‮ ‬غَـيْرَ‮ ‬مَسْـتُورَةٍ (if it is not covered) ‮ ‬بِالْـجِيرِ (lime).

وَمَـنْ‮ ‬تَـيَمَّمَ (Whoever performs dry ablution) ‮ ‬عَـلى مَـوْضِـعِ‮ ‬نَـجَسٍ (on an unclean place) وَلَـمْ‮ ‬يَـعْلَمْ‮ ‬بِـنَجَاسَـتِهِ (while not knowing about its uncleanliness),‮ ‬أَعَادَ‮ ‬فِـي‮ ‬الْـوَقْـت(should repeat the [dry ablution] within the designated time [for the prayer]).

وَلاَ‮ ‬يُكْرَهُ‮ ‬التَّيَمَّمُ (Dry ablution is not disliked) ‮ ‬بِتُرَابٍ‮ ‬تُيُمَّمَ‮ ‬بِهِ (with earth that has been used for dry ablution)3)‮ ‬مَرَّةً‮ ‬أُخْرَ(more than once). ‮ ‬

وَلاَ‮ ‬يَصِحُّ‮ ‬التَّيَمَّمُ (It is not sound to perform dry ablution) قَبْلَ‮ ‬دَخُولِ‮ ‬الْوَقْتِ  (before the time [of the specific prayer] comes in).

وَصِفَتُهُ (The characteristics of dry ablution are): ‮ ‬أَنْ‮ ‬يَنْوِيَ‮ ‬اسْتِبَاحَةَ‮ ‬الصَّلاَةِ (to intend to make the performance of prayer permissible) ‮  ‬وَيَـنْوِيَ‮ ‬مِـنَ‮ ‬الْـحَـدَثِ‮ ‬الأَكْـبَر(and to intend [to make prayer permissible] while in a state of major impurity), ‮ ‬إِنْ‮ ‬كَـانَ‮ ‬مُحْدِثًا حَدَثًا‮  ‬أَكْبَرَ (when the impurity is major). ثُـمَّ‮ ‬يَـقُول (Then the worshipper says:) بِـسْمِ‮ ‬اللَّهِ (In the Name of Allah) وَيَسْـتَعْمِلُ‮ ‬الصَّعِيدَ (using pure earth).  يَـضْرِبُ‮ ‬عَـلَيهَا (He pats on it) بِـيَدَيْـهِ‮ ‬جَـمِيعًا (with both hands) ضَرْبَةً‮ ‬وَاحِدَةً (with one patting)4. ‮ ‬وإِنْ‮ ‬تَـعَلَّقَ‮ ‬بِـهِمَا شَـيْء(If anything sticks to them [the hands]) (he should dust them) ‮ ‬نَـفْضًا خَـفِيفً( lightly);  ‬وَيَـمْسَحُ‮ ‬بِـهَا وَجْـهَهُ (then he wipes his face) ولِـحيَتَهُ (and beard). يَبْدَأُ‮ ‬مِنْ‮ ‬أَعْلاَهُ (He should start from the top [of the face])  إِلَـى أَنْ  يَسْـتَوْفِيَه (until [he wipes over] it completely). ‮ ‬ثُمَّ‮ ‬يَضْرِب(Then the worshipper should pat [the the soil])  ‬الأُخْرَى (another time) لِيَدَيْهِ (with his hands), ثُمَّ‮ ‬يَـمْسَحُ (then he should wipe) ظَاهِرَ‮ ‬يَدِهِ‮ ‬الْيُمْنَى (the outside of the right hand) بِيَدِهِ‮ ‬الْيُسْرَى (with his left hand) حَتََّى‮ ‬يَنْتَهِي‮ ‬إِلَى الْـمَرْفَقِ (until he finishes at the elbow). ‮ ‬ثُمَّ‮ ‬يَـمْسَح(Then he wipes) بَاطِنَهَا (over the inside of it [the inside of the right arm]) ‮ ‬إِلى آخِرَ‮ ‬الأَصَـابِـعِ (to the tips of the fingers). ‮ ‬ثُمَّ‮ ‬يَـمْسَحُ (Then he should wipe) ظَاهِرَ‮ ‬الْيُسْـرَى (the outside of the left hand) ‮ ‬بِـيَدِهِ‮ ‬الْـيُمْنَى (with his right hand) ‮ ‬إِلَـى الْـمَرْفَقِ (to the elbow) ‮ ‬ثُـمَّ‮ ‬يَـمْسَح(Then he should wipe) بَـاطِـنَهَا (over the inside of it [the of the left arm]) ‮ ‬إِلى آخِرَ‮ ‬الأَصَابِع(to the tips of the fingers), ‮ ‬ويَجِبُ‮ ‬تَخْلِيلُ‮ ‬الأَصَابِع(and comb through the fingers is a necessity), وَنَـزْعُ‮ ‬الْـخَاتِـمِ (and [so is] removing the ring), ‮ ‬فَـإنْ‮ ‬لَـم‮ ‬يَـنْزِعْهُ (while not removing it) ‮ ‬لَـمْ‮ ‬يَجْزِهِ (is not permissible).

وَالضَّرْبَةُ‮ ‬الثَّانِيَّةُ (The second patting of the earth) سُنَّةٌ (is a prophetic practice) ‮ ‬وَكَدَا الـْمَسْحُ (and likewise is wiping) إلَـى الْـمَرْفَـقَيْـنِ (to the elbows).

[If the worshipper decides to] ‮ ‬وَلَوِ‮ ‬اقْـتَصَرَ‮ ‬عَـلَى ضَـرْبَـةٍ‮ ‬وَاحِـدَة(limits [his dry ablution] to one patting of the earth) ‮ ‬لِـلْوَجْـهِ‮ ‬وَالْـيَدَينِ (for the face and the hands), أَجْـزَأَهُ (it’s permissible), ‮ ‬وَلَوِ‮ ‬اقْتَصَرَ (but if he limits it) فِي‮ ‬مَسْحِ‮ ‬يَدَيْهِ ( to wiping his hands) عَـلَى الْـكَوْعَينِ (up to his wrist) وَصَـلَّى (and prays), أَعَادَ‮ ‬فِي‮ ‬الْوَقْتِ (he should repeat [the dry ablution] within the time [of the specific prayer]).

F00tnotes:

1 That is to say, it is not fit to be used to perform wuduu’.

2 That is to say, if he has been chosen to perform the prayer.

3 That is to say, earth that has been previously used for dry ablution.

4 That is to say, pat the ground once.

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.

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

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

شَرْح الْقاعِـدَةِ  الثَّانِيَةِ

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

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

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

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

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

[1] –  صًّلاَةُ  الْوِتْرِ  (Witr Prayer),

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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From the History of the Mālikīs 1 – The Significance of Madinah and the Muwaṭṭa in Relations to It

From the History of the Mālikīs

1 – The Significance of Madinah and the Muwaṭṭa in Relations to It

During the time of the rise of doctrines and sects such as the Khawaarij, Muʿtazalī and the Shiʿī which challenged the true beliefs of the Muslims, Imām Mālik faced these challenges by presenting theʿAmal of Madinah as the true representation of the Sunnah and as the most correct counterbalance to these  doctrines and sects.

Madinah gained significance and importance in the history of Islam, because it was the city where the Prophet Muhammad صلّى الله علىه وسلّم sought safe haven when he had to flee for his life from Makkah. It also became an abode of safety for those who follow him there from Makkah. It also became the city where the Dīn was established by The Prophet صلّى الله علىه وسلّم, and the place to look towards for the best example of its practice.

After the death of the Prophet صلّى الله علىه وسلّم, Madinah became increasingly more important in this regard. During the era of Imām Mālik, many great scholars lived in Madinah, and it was the city where the fiqh of Islam was still in its purest form, like that which was found during the time of the first three generations.

Imām Mālik saw the ʿAmal of Madinah as the foremost behavior for the Muslim ummah. This can be seen in his words of advice and warning to Yahyā ibn Yahyā al Laythī:

“…To it the Hijrah was made and in it the Qur’an was revealed, the lawful was declared lawful and the unlawful was declared unlawful while the Messenger of Allah صلى الله عليه وسلم was in their midst and they were in the presence of revelation to the Messenger Of Allah  صلى الله عليه وسلم and the act of revelation itself.  He صلى الله عليه وسلم gave them commands and they obeyed him.  He صلى الله عليه وسلم established the Sunnah for them and they followed him until Allah brought his life to an end and chose for him the reward of His Presence.  The Prays of Allah be upon him and His Peace, His Mercy and His Blessings.

Then after him صلى الله عليه وسلم, those people from his ummah who obeyed him, rose up and assume authority by means of that which had been sent down to them.  Whatever they knew, they acted by.  Whatever they didn’t have knowledge of, they asked questions concerning it. Then they adopted that which they found to be the strongest position. As a result of their ijtihaad and their direct knowledge of the matter through experience, memory or proximity.  If there were those who held a different opinion or people expressed other opinions which were stronger or more worthy to be followed, they would set their own opinions aside, and follow and practice the others’ opinion.  Then the Tabiʿuun came after them following that same path.  They followed that Sunnah.

Therefore, if a matter in Madinah is clearly practiced, I am not of the opinion that anyone has the right to go contrary to it because of the legacy which they (the people of Madinah) possess.  They (The other people) are  not allowed to assume this or presume this.  If the people of the (other) cities begin saying, ‘This is the ʿAmal which is in our city and this is what was done in it by those who passed from among us; they wouldn’t have certainty about that nor would that be permissible for them to claim.  Therefore, be careful…”

This is why Imām Mālik found it necessary it to codify this behavior in the Muwatta. Imām Mālik compiled his famous Muwaṭṭa to record the actions and behavior of these three outstanding generations, so that the rest of the Ummah might benefit from the pristine example of the inhabitants of this city so that it be preserved those living in a time when might become lost or corrupted.

The Muwaṭṭa is the earliest written source book of correct Salafī behavior.  The ‘Amal found in the Muwatta is based on the fundamental principles laid down by the Prophet صلى الله عليه وسلم, as well as authoritative pronouncements of the Khulafāh Rashīdūn and other companions charged with that responsibility, legal opinions and juristic statements of the fuquhaa, verdicts passed down by the Qaadis, and decisions of the past people of authority from the city of Madinah and those who were its current scholars during the time of Imām Mālik.

The khalifs like ʿUmar ibn Abdul Azīz, Harūn ar-Rashīd and Jaʿfar al-Manṣūr relied on Imām Mālik for guidance and fatawā because they knew that Imām Mālik, the city of Madinah and its inhabitants as previously mentioned had not become corrupted.

Ibn Taymiyyah again says:

فأما الأعصار الثلاثة المفضلة فلم‏  يكن فيها بالمدينة النبوية بدعة ظاهرة البتة،‏  ولا خرج منها بدعة في‏  أصول الدين البتة،‏  كما خرج من سائر الأمصار

“As for the three preeminent eras (the eras of the Prophet صلى اللّه عليه وسلّم and his Ṣaḥaabah, the Tabiʿuun and the Tabiʿu Tabiʿiin), there was no clear bidʿah (innovation) in the Prophetic City of Madinah during those eras at all nor did any innovation in usuulu-d-diin (the fundamental principles of religion) emerge from it like what emerge from the rest of the cities.”

Imām Mālik’s al-Muwaṭṭa was recognized as a text that had the genuine Sunnah preserved  on its pages. It is also the first book of fiqh written in Islam. It is said that the Khalif al-Mansūr wanted to used the Muwaṭṭa to unify the legal system of the ʿAbbāsid empired, however Imām Mālik said that he didn’t believe that idea would be accepted by the people or the fuquhaa’ of Iraq. It is also said that upon hearing that from Imām Mālik, ʿAbu Jaʿfar said if they didn’t submit then “their heads will be chopped off and their backs will be lashed by the whip”.

Imām Mālik knew all  to well that a man convince against his will was a man not convinced at all, and so he continuously resisted the idea of his book al Muwaṭṭa being forced down the people’s throats, and wisely so, because the Muwaṭṭa became famous and was used without enforcement. This is one of the proofs of its greatness in itself.

It was not spread by the whip or the sword, but rather by the dedicated students of Imām Mālik who spread it to every area the Muslim ummah, both in the east and the west.

Two versions of the Muwaṭṭa have been transmitted by two of his most famous students, Yahyā ibn Yahyā al Laythī from al-Andalus and Muhammad ash-Shaybānī, and also a student of Abū Hanīfah.

Published in: on February 21, 2011 at 23:00  Leave a Comment  
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