Fiqh Us Sunnah Volume 1 Part 3.
54: Staying in the mosque
It is forbidden for one who is physically unclean (because of sex or menstruation) to stay in the mosque. 'Aishah said, "The Messenger of Allah, upon whom be peace, saw that his companions' houses were practically in the mosque. He said, 'Direct those houses away from the mosque.' He then entered the mosque, but the people did nothing, hoping that Allah would reveal to Muhammad that what they were doing was permissible. After he came out, he said, 'Direct those houses away from the mosque, for it is not permitted for a menstruating woman or sexually impure person to be in the
mosque." (Related by Abu Dawud.)
Umm Salamah related that the Prophet, upon whom be peace, came to the mosque's courtyard and said at the top of his voice, "The mosque is off limits to menstruating women and the sexually impure persons." (Related by Ibn Majah and at-Tabarani.) Such people can, however, pass through the mosque, for says Allah, "O you who believe, draw not near unto prayer when you are drunk until you know that which you utter, nor when you are impure save when journeying upon the road, until you have bathed" (an-Nisa' 43). Said Jubair, "One of us used to pass through the mosque though he was impure." (Related by Ibn Abu Shaibah and Sa'eed ibn Mansur in his Sunan.) Zaid ibn Aslam said, "The companions of the Messenger of Allah, upon whom be peace, used to walk through the mosques while they were sexually impure." (Related by Ibn al-Munzhir.) Yazib ibn Habib reported that the companions' doors opened up into the mosque, and that when they were sexually impure, they could find no water or any path to water save through the mosque. Then Allah revealed, "...nor when you are impure, save journeying upon the road..." (Related by at-Tabari.)
Commenting on the preceding reports, ash-Shaukani says,"The meaning is so clear that there is no room for doubt." Said 'Aishah, "The Prophet said to me, 'Hand me my cloth from the mosque.' I said, 'I am menstruating.' He said, 'Your menstruation is not in your hand." (Related by the group, except for al-Bukhari.) Said Maimunah, "The Messenger of Allah used to come to one of our rooms while we were menstruating and put his head on (his wife's) lap and recite the Qur'an. Then one of us would take his clothes and put them in the mosque while she was menstruating." (Related by Ahmad and an-Nasa'i. The report has supporting evidence.)
Fiqh 1.55: Actions for which ghusl is preferred
This category of actions involves a reward for performing ghusl, and no blame if he does not. Such actions are:
Fiqh 1.55 a: Before the Friday prayer
Muslims are encouraged to perform ghusl before they gather for the Friday prayer. In fact, Islamic law even goes to the extent of ordering one to perform ghusl at this time as part of the overall cleanliness and hygiene of the Muslim society. Abu Sa'eed reported that the Prophet said,"Ghusl on Friday is obligatory (wajib) on every adult, as is using a toothbrush and applying some perfume." (Related by al- Bukhari and Muslim.)
The meaning of "obligatory" here is that it is greatly recommended. This understanding of the Prophet's saying is derived from what al-Bukhari recorded about an incident from Ibn 'Umar about his father. One day, 'Umar ibn al-Khattab was standing and delivering the khutbah when 'Uthman, one of the people from among the emigrants and helpers, entered. 'Umar said to him, "What time is it now?" He said, "I was busy and could not return home. When I heard the call to prayer, I did not make more than the regular ablution." 'Umar said, "And the ablution only, when you know that the Messenger of Allah ordered us to perform ghusl ?" Commenting on the incident, says ash-Shaf'i, " 'Uthman did not leave the prayer to perform ghusl, nor did 'Umar order him to do so. This illustrates that the companions
knew that this order was one of choice. It also shows that it is preferred."
Muslim recorded that Abu Hurairah reported the Prophet saying, "Whoever makes the ablution and perfects it and then goes to the Friday prayer and listens attentively, will have forgiveness during (the period) between the Friday and the next (Friday), and an additional three days." Says al-Qurtubi, "This hadith shows that ghusl is preferred. The mention of ablution, the reward and acceptability points to the fact that ablution alone is sufficient.'' Ibn Hajr states in at-Talkhis, "It is one of the strongest proofs that ghusl for the Friday prayer is not obligatory. The statement that it is preferred is built upon the fact that if one does not perform ghusl, it will not harm (his prayer). But, if others are harmed by his perspiration or bad smell from his clothes and body, ghusl becomes obligatory, and not performing it detracts from the rewards of salah. Some scholars say that the Friday ghusl is a duty even if its non- performance causes no harm (to others). Their basis for this opinion is the hadith related by Abu Hurairah in which the Prophet, upon whom be peace, said, "It is a duty upon every Muslim to perform ghusl once every seven days, by washing his head and body." Al-Bukhari and Muslim accept the hadith mentioned on the subject in their apparent meanings, and refute the ones contrary to the last hadith (of Abu Hurairah).
The time for the Friday ghusl is between dawn and the time of the Friday prayer. It is preferable to do it at the time of departure (to the mosque). If one loses his ablution after that, it is sufficient for him just to make a new ablution (he does not have to repeat the ghusl).
Says al-Athram, "I heard Ahmad being asked if a person performed ghusl, and then lost it, would the regular ablution be sufficient for him. He said, 'Yes, and I have not heard anything about that preferable to the hadith of Ibn 'Abzi," Ahmad is referring to the hadith related by Ibn 'Abzi Shaibah (with a sahih chain from 'Abdurahman ibn 'Abzi on the authority of his father, who was a companion.) He performed ghusl for the Friday prayer, and afterwards nullified his ablution. After that, he performed just the regular ablution, and did not repeat his ghusl. The time for the ghusl ends with the time of the prayer. If one performs ghusl after the prayer, it would not be the ghusl of the Friday prayer, and one who does so is not following the Prophet's order. Ibn 'Umar reported that the Prophet said, "Before you come to the Friday prayer, you should perform ghusl. (Related by "the group.") Muslim says, "When one of you wants to come to the Friday prayer, he should perform ghusl." Ibn 'Abdul-Barr related that there is a consensus on this point.
Fiqh 1.56: Performing ghusl for the 'Id prayers
Scholars also encourage Muslims to perform ghusl for the 'id prayers, even though there is no authentic hadith to support this opinion. It says in al-Badr alMuneer, "The hadith concerning performing ghusl for the 'ids are weak. But there do exist good reports from the companions (on this point) . "
Fiqh 1.56 a: Ghusl for washing a corpse
According to many scholars, performing ghusl is also preferred for one who has washed a corpse. Abu Hurariah reported that the Prophet, upon whom be peace, said, "Whoever has washed a corpse must perform ghusl, and whoever carried him must perform ablution." (Related by Ahmad, Abu Dawud, at- Tirmizhi, an-Nasa'i, Ibn Majah and others.) However, there is some criticism of this hadith. 'Ali ibn al- Madani, Ahmad, Ibn al-Munzhir, ar-Rafi' and others say, "The hadith scholars did not classify anything on this topic as authentic." But Ibn Hajr quotes at-Tirmizhi and Ibn Hibban: "At-Tirmizhi called it hassan and Ibn Hibban called it sahih. And, due to its numerous chains, it is most likely hassan. An-Nawawi strongly refutes what at-Tirmizhi said." Says azh-Zhahabi, "The chains of this hadith are stronger than a number of chains of the hadith that the jurists argue by." The order in the hadith implies preference, based on what has been related by 'Umar, who said, "We used to wash the dead. Some of us would perform ghusl and some would not." (Related by al-Khateeb with a sahih chain.) When 'Asma bint Umaish washed the body of her deceased husband, Abu Bakr as-Siddiq, she asked if there were any among the emigrants present, and said, "This day is extremely cold and I am fasting. Do I have to make gh usl?" They said, "No." (Related by Malik.)
Fiqh 1.57: Making Ghusl for Hajj
According to the scholars, it is also preferable for one who is undertaking the pilgrimage or 'umrah to perform ghusl. Zaid ibn Thabit related that he saw the Messenger of Allah, when he intended to perform the hajj, perform ghusl. (Related by ad-Daraqutni, al-Baihaqi and at-Tirmizhi, who called it hassan. As- Usaili regarded it as weak.)
Fiqh 1.57 a: Making Ghusl upon entering Makkah
It is preferable for whoever wants to enter Makkah to perform gh usl. It is reported that Ibn 'Umar, when going to Makkah, would spend the night in Tawa, and would enter Makkah during the day. He mentioned that the Prophet, upon whom be peace, also used to do this. (Related by al-Bukhari and Muslim.) Ibn al-Munzhir said, "All of the scholars say it is preferred to perform ghusl upon entering Makkah, but if one does not do so, there is no expiation for him to make. Most of them say that the regular ablution is sufficient.
Fiqh 1.57 b: Making Ghusl at Mount 'Arafah
Such an act is preferred while one stops there during the hajj. Malik ibn Nafa' reported that Ibn 'Umar used to do so before embarking upon the hajj, upon entering Makkah, and while stopping at 'Arafah.
Fiqh 1.57 c: The intention
This involves distinguishing the acts of worship from the customary acts. The intention is only in the heart, and should not be stated, as this would be tantamount to innovation.
Fiqh 1.58: Washing all bodily parts
This is based on the following: Says Allah, "If you are sexually impure, cleanse yourselves," that is, perform ghusl, and "They ask you concerning menstruation. Say: 'It is an illness, so leave women alone at such times and go not in unto them until they are cleansed," that is, until they perform ghusl. The proof that cleansing means ghusl is in the verse, "O you who believe, draw not unto the prayer when you are drunk until you know what you utter, nor when you are polluted, save when journeying upon the road, until you have bathed (taghtasilu)." This shows that ghusl, the washing of all bodily parts, is meant.
Fiqh 1.58 a: How ghusl is performed
According to the practice of the Prophet, upon whom be peace, the correct manner of performing ghusl is:
wash both hands three times,
wash the penis,
make a complete ablution (like the one made for prayer--the Prophet used to delay washing his feet until the end of his ghusl if he was using a tub, and so on),
rub water through one's hair three times, letting the water reach down to the roots of the hair,
pour water over the entire body, begining with the right side, then the left, washing under the armpits, inside the ears, inside the navel, inside the toes and whatever part of the body can be easily rubbed. This account is based on the following report from 'Aishah: "When the Prophet, upon whom be peace, took his bath after sexual intercourse, he would begin by washing his hands. Then he would pour water from his right hand to his left and wash his sexual organs, make the ablution for prayer, take some water and put his fingers to the roots of his hair to the extent that he sees that the skin is wet, then pour water over his head three times and then over the rest of his body." (Related by al-
Bukhari and Muslim.) In one narration it states, "He used to rub his head with his hands until he was certain the water reached his skin, and then he poured water over it three times." It is also related that she said, "When the Prophet would perform ghusl after having had sexual intercourse, he would call for some water, which he would pour on his right hand to wash the right side of his head and then the left. He would then take water with both hands and pour it over his head." Said Maimunah, "I put water out for the Messenger of Allah to perform ghusl. He washed his hands two or three times, and then he poured water from his right hand to his left and washed his private parts, wiped his hands on the earth, rinsed his mouth and nose, washed his face and hands, washed his head three times, poured water over his body, and finally moved from his place and washed his feet. I brought him a towel, but he did not take it, for he shook the water off with his hands." (Related by "the group.")
Fiqh 1.59: Ghusl for women
A woman performs ghusl just as a man does, except that if she has plaited hair she does not have to undo it, provided that the water can reach the roots of her hair. Umm Salamah said, "O Messenger of Allah, I am a woman who has closely plaited hair on my head. Do I have to undo them for ghusl after sexual intercourse?" He said, "No, it is enough for you to throw three handfuls of water on your head and then pour water over yourself. After doing this, you shall be cleansed." (Related by Ahmad, Muslim and at-Tirmizhi, who called it hassan sahih.) 'Ubaid ibn 'Umair reported that 'Aishah discovered that 'Abdullah ibn 'Amr was ordering the women to undo their plaits of hair (for ghusl). She observed, "It is amazing that Ibn 'Amr orders the woment to undo the plaits of hair for ghusl. Why doesn't he just order them to shave their heads? I and the Messenger of Allah used to bathe from one vessel, and all I did was pour three handfuls of water over my head."(Related by Ahmad and Muslim.)
It is preferrable for a woman performing ghusl to cleanse herself from menstruation or post-childbirth bleeding to take some cotton smeared with musk or perfume and wipe it over the traces of blood. This will remove the bad smell of the menstrual blood. 'Aishah reported, "'Asma bint Yazid asked the Messenger of Allah about ghusl after menstruation has ended. He said, "She should use water mixed with the leaves of the lote-tree and cleanse herself. Then she should pour water over her head and rub it well till it reaches the roots of the hair, after which she should pour water over it. Afterwards, she should take a piece of cotton smeared with musk and cleanse herself with it." 'Asma asked, "How should she cleanse herself with it?" He said, "Praise be to Allah, she should cleanse herself with it." 'Aishah said in a subdued tone that she should apply it to the traces of blood. 'Asma then asked about bathing after sexual intercourse. He said, "She should take water and cleanse herself or complete the ablution, pour water on her head and rub it till it reaches the roots of her hair, and then she should pour water over herself." 'Aishah observed, "How good are the women of the 'helpers' that shyness does not keep them from learning their religion." (Related by "the group," except at-Tirmizhi.)
Fiqh 1.60: Questions related to Ghusl
It is sufficient to perform one ghusl for both menstruation and sexual impurity, or for the Friday prayer and the 'id prayer, or for sexual impurity and the Friday prayer, if one has the intention for both of them. This is based on the Prophet's saying, "All acts are based on intentions."
If a person performed post-sex ghusl but did not make ablution, the ghusl will suffice. Said 'Aishah, "The Messenger of Allah did not perform ablution after ghusl." Ibn 'Umar said to a man who had told him that he performed ablution after ghusl, "You went too far." Says Abu Bakr ibn al-'Arabi, "There is no difference of opinion among the scholars that ablution falls under the category of ghusl. If the intention was to remove sexual impurity, it also includes the minor impurities, as what sexual impurity prevents is greater than what the minor impurities prevent. The smaller one falls under the greater one, and the intention for the greater one suffices.''
It is acceptable for a person in post-sex uncleanliness or a menstruating woman to remove their hairs, cut their nails, go to the markets, and so on, without any dislike. 'Ata said that such people can get cupped, cut their nails and their hair, and that this is allowed even if he (or she) has not performed the regular ablution. (Related by al-Bukhari).
One may enter a public bathroom. As long as he keeps his private parts from being seen, and he does not look at others' private parts. Says Ahmad, "If you know that everyone inside the bathroom is wearing a loincloth, you may enter. If not, then don't enter." The Prophet, upon whom be peace, said, "A man should not look at another man's private parts, and a woman should not look at another woman's private parts." There is no problem with mentioning Allah's name in the public baths, as mentioning the name of Allah under any circumstances is good, since there is no text prohibiting it. The Messenger of Allah used to remember Allah under all circumstances.
There is no problem in drying one's self with a towel or other cloth after performing ablution or ghusl during the summer or winter.
It is permissible for a man to use the water left over by a woman and vice-versa. This is derived from the fact that it is permissible for them to perform ghusl from the same container. Ibn 'Abbas narrated that some of the Prophet's wives were performing ghusl from a container. The Prophet came and performed his ablution or ghusl from it. They said to him, "We were sexually unclean." He said, "The water does not become impure." (Related by Ahmad, Abu Dawud, an-Nasa'i and at-Tirmizhi, who called it hassan sahih). 'Aishah used to wash with the Messenger of Allah from one container, and they would take turns taking water until he said, "Leave some for me, leave some for me."
It is not allowed to bathe in the nude in front of people. It is forbidden to uncover one's private parts. If you cover it with some clothes, it is permissible. The Messenger of Allah would cover Fatimah with a curtain when she performed ghusl. If one performs ghusl in the nude, far away from the people, it is not prohibited. The prophets Musa (Moses) and Ayyub (Job) did so, as al-Bukhari, Ahmad, and an- Nasa'i recorded.
Fiqh 1.63: Tayammum, the dry ablution
Definition. Literally tayammum means "aim, purpose." In Islamic law, it refers to "aiming for or seeking soil to wipe one's face and hands with the intention of preparing oneself to pray, and so on."
Fiqh 1.63 a: Proof of its legitimacy
This is proven by the Qur'an, sunnah and ijma' (consensus). The Qur'an says, "And if you are ill, or on a journey, or one of you comes from relieving himself, or you have touched women, and you do not find water, then go to high clean soil and rub your face and hands (therewith). Lo, Allah is Benign, Forgiving" (an-Nisa': 43). From the sunnah we have the hadith related by Abu Umamah in which the
Prophet, upon whom be peace, said, "All of the earth has been made for me and my nation a pure place of prayer. Whenever a person from my nation wants to pray, he has something with which to purify himself, that is, the earth." (Related by Ahmad.) Finally, there is a consensus that tayammum forms a legitimate part of the shari'ah, as it replaces ablution or ghusl under specific circumstances.
Fiqh 1.63 b: Blessing from Allah
This form of ablution is viewed as a blessing from Allah to the Muslims. Jabir relates that the Prophet, upon whom be peace, said, "I have been given five things that were not given to anyone before me: I have been made victorious due to fear for a distance of one month's journey; the earth has been made a place of prayer for me--wherever and whoever of my nation wants to pray, he may pray; and the war booty has been made lawfal for me, and this was not lawful for anyone before me. I have been given permission to intercede. The prophets used to be raised for their own people only, but I have been raised for all of mankind." (Related by al-Bukhari and Muslim.)
Fiqh 1.64: The reason for its legitimacy
Said 'Aishah, "We went out with the Messenger of Allah on one of his journeys until we reached Baida'. At this place, one of my bracelets broke and fell somewhere. The Messenger of Allah and others began to look for it. There was no water at that place, nor did anyone have any water with him. The people went to Abu Bakr and said, "Do you see what your daughter has done?" Abu Bakr came to me, while the Prophet was sleeping on my thigh. He blamed me and said to me whatever Allah willed him to say. He also poked me in my side. I could not move, for the Prophet, upon whom be peace, was sleeping on my lap. He slept until the morning without any water available. Then, Allah revealed the verse of tayammum. As-Sayyid ibn Huzhain said, 'That was not the first blessing from the family of Abu Bakr.' The camel that I was on got up and we found the necklace underneath it." (Related by "the group," except for at-Tirmizhi.)
Fiqh 1.64 a: One cannot find water, or the amount one finds is insufficient for ablution
'Imran bin Husain said, "We were with the Messenger of Allah during a journey. When he led the people in prayer, one man stayed apart. He asked him, "What prevented you from praying?" He said, 'I need a post-nocturnal bath and there is no water.' He said, 'Use the soil, for it is sufficient.''' (Related by al- Bukhari and Muslim.)
Abu Zharr related that the Prophet, upon whom be peace, said, "The soil is a purifier for a Muslim, even if he does not find water for twenty years." (Related by "the four." At-Tirmizhi grades it hassan sahih.) But before one makes tayammum, he must look for water from any posible source. If he is sure water is not to be found or it is too far away, he does not have to look for it.
Fiqh 1.64 b: One is injured or ill
If one is in this condition, and believes water will worsen it (he does not have to be absolutely sure, but may base his opinion on past experience or what a knowledgeable person has told him), he may perform tayammum. Jabir said, "We were on a journey and one of us got injured. Later, he had a wet dream. He asked his companions, 'Can I perform tayammum?' They said, 'No, not if you have water.' He performed ghusl and died. When they came to the Messenger of Allah, they informed him of what had transpired. He said, 'They killed him, Allah will kill them. Do you not ask if you do not know? The rescue of the ignorant person is the question. He could have performed tayammum and dropped water on his wound or wrapped it with something and wipe over the wrapping, and wash the rest of his body." This is related by Abu Dawud, Ibn Majah, ad-Daraqutni and Ibn as-Sakin, who said it is sahih.
Fiqh 1.65: If the water is cold enough to physically harm the user
This is only allowed on the condition that he can find no one to heat it, or is unable to use the public bathrooms. 'Amr ibn al-'Aas narrated that he was participating in an expedition. He had a wet dream
during an extremely cold night, and was afraid that if he performed ghusl he would die. He prayed the morning prayer with his companions. He then went to the Messenger of Allah, upon whom be peace, to ask him about this. Muhammad said, "O 'Amr, did you pray with your companions while you needed a post-nocturnal bath?" 'Amr mentioned the verse, "Do not kill yourselves, Allah is merciful to you" to the Prophet. The Prophet just laughed and didn't say anything. (Related by Ahmad, Abu Dawud, al-Hakim, ad-Daraqutni, Ibn Hibban and al-Bukhari in mu'allaq form.) This example illustrated the Prophet's tacit approval.
Fiqh 1.65 a: When water is nearby, but one does not want to fetch it due to fear
If one fears for his life, family, wealth, (for example, if an enemy is nearby--beast or human--or one is a prisoner, and so on), one may perform tayammum. This is also allowed if there is water but one lacks the proper means to get it, or if one fears some accusation against him if he gets it.
Fiqh 1.65 b: If one is saving his water for later use
This could be for a hound, for dough, cooking or to remove an impurity that is not pardonable. Says Imam Ahmad, "Many of the companions performed tayammum to save their water for drinking." 'Ali said that a man who is travelling and becomes unclean because of sex or a wet dream can perform tayammum if he fears he will go thirsty: "He should perform tayammum and not ghusl." (Related by ad-Daraqutni.) Says Ibn Taimiyyah, "If a person needs to relieve himself but has only a small amount of water, it is best that he pray with tayammum and relieve himself, rather than keep his ablution and pray before relieving himself."
Fiqh 1.66: One can get water, but fears that the prayer will be over by the time he gets it He can perform tayammum and pray, and does not need to repeat his prayer (after he gets water). Fiqh 1.66 a: The soil used for tayammum
It must be pure soil: this can be sand, stone, gypsum, and so on. Says Allah, "Perform tyammum with pure soil," and all scholars of Arabic agree that "soil" is whatever covers the earth, dirt or otherwise.
Fiqh 1.66 b: How to perform tayammum
First, one must have the intention (see the section on ablution). Then, he mentions Allah's name, strikes the soil with his hands, wipes his face and his hands up to the wrist. Nothing is more authentic and clear than what 'Ammar related. He said, "We became sexually impure and had no water, so we rolled in the dirt and prayed. This was mentioned to the Prophet and he said, 'This would have been enough for you,' and he struck the earth with his hands, blew in them and then wiped his face and hands with them." (Related by al-Bukhari and Muslim). In another text he states, "It would have been enough for you to strike the ground with your hands, blow into them, then wipe your face and hands up to the elbows." (Related by ad-Daraqutni.)
This hadith shows that one strike of the earth is sufficient, and one only wipes the arms to the wrists. It is from the sunnah that one who makes tayammum with dirt should blow into his hands first and not make his face dusty or dirty.
Fiqh 1.66 c: What tayammum makes permissible
After doing so, he is pure and may do any of the acts requiring prior purification, such as praying and touching the Qur'an. He does not have to perform it during the time of prayer, and he may pray as many prayers as he wishes (unless he nullifies it), exactly as he can after performing the regular ablution. Abu Zharr reported that the Prophet said, "The soil is a purifier for a Muslim, even if he does not find water for twenty years. Then if he touches water, that is, to make ablution, and so on, it would
be good." This is related by Ahmad and at-Tirmizhi, who said it is sahih.
Fiqh 1.66 d: What nullifies tayammum
In addition to the presence of water, everything that nullifies the ablution nullifies tayammum. If a person prays after performing tayammum and then finds water, he does not need to repeat his prayer even if there is time left to do so. Abu Sa'eed al-Khudri said, "Two men went out on a journey. The time of prayer came and, as they had no water, they performed tayammum. Then they found some water during the time of the same prayer. One of them repeated his prayer with ablution and the other did not. When they saw the Messenger of Allah, they asked him about the proper procedure in such a case. He said to the one who did not repeat his prayer, 'You have acted according to the sunnah and your prayer is sufficient for you.' He said to the other, 'You will get a double reward."' (Related by Abu Dawud and anNasa'i.) If one comes across water before he prays or finishes his prayer with tayammum, his prayer becomes null and void, for he must make ablution with water. If a person is not clean because of sex or a wet dream, or a woman is menstruating, and they pray after performing tayammum, they need not repeat their prayer after finding water, but they must perform ghusl with water when they can. 'Umar said, "The Prophet led the people in prayer, and afterwards saw a man who had not prayed. He said, 'Why didn't you pray with us?' The man replied, 'I was sexually unclean and there was no water.' He told him, 'Use the soil, and it will be enough.' 'Imran then mentioned that they later found water. The Prophet, upon whom be peace, brought a bowl of water for the man and told him to perform ghusl. (Related by al-Bukhari.)
Fiqh 1.67: Wiping Over Casts, Wrappers and Similar Items
It is allowable to wipe over any wrapper or diseased or injured bodily part. There are many hadith on this point, and although they are all weak, their many chains strengthen each other, making them valid to talk about. One hadith, that of Jabir (quoted earlier), relates a story about a man who was on a journey and suffered an injury. While he slept, he had a wet dream, after which he asked his companions if he could perform tayammum. They said he could not, so he made ghusl and died because of it. When that was mentioned to the Prophet, he said "They killed him, may Allah kill them. Do you not ask about what you do not know? ... It would have been enough for him to perform tayammum and drop a little water over his wound or else wipe it, then to wipe it and wash the rest of the body." This is related by Abu Dawud, Ibn Majah, ad-Daraqutni and Ibn as-Sakin, who classified it as sahih. Ibn 'Umar used to do this.
In fact, it is obligatory to wipe over such casts or wrappers in ablution or ghusl instead of washing the injured parts. This must be done even if he has to heat the water. But, if he believes that this would harm the diseased or injured part, or that his condition may worsen, or that his pain would increase, he may wipe the injured part with water. If he fears that this would also be harmful, he should wrap it and then gently wipe over it. It is not necessary for him to be in a state of purity while applying the cast or wrapper to be wiped. There is also no time limit for such wipings, for he can do so as long as his condition lasts. Removing the wrapper or cast nullifies the wiping, as does the final cure.
Fiqh 1.68: The Prayer of One Who Has no Means of Purifying Himself
Whoever cannot get water or soil may pray in whatever state he is in, and he will not have to repeat his prayer later. This is based on what Muslim related from 'Aishah. She had borrowed some jewelry from 'Asma and it broke (and fell). The Messenger of Allah, upon whom be peace, sent some people to search for it. The prayer time came and they had to pray without ablution. When they came to the Prophet, they complained to him and the verses of tayammum were revealed. Usaid ibn Huzhair said, "May Allah give you good recompense. Allah never reveals an order with respect to you except that He removes by it some hardship and gives the Muslims some benefit." The companions prayed while in a state of impurity, but the Prophet did not admonish them nor did he order them to repeat their prayers. Says an-Nawawi, "That is the strongest statement of proof (on this question)."
Fiqh 1.69: Menstruation
In Arabic, the word for menstruation (haizh) literally means "running." Here it refers to the discharge of blood during a woman's state of health, not from giving birth or breaking the hymen.
Most scholars say that its time begins at the age of nine. If blood is seen before that age, it is not menstrual blood, but is considered to be putrid blood. As there is no evidence about when a woman stops menstruating, if an elderly lady finds blood flowing it is considered menstrual blood.
Fiqh 1.69 a: Requirements for blood to be considered menstrual
Dark. Once, when Fatimah bint Abu Habash had a prolonged flow of blood, the Prophet told her, "If it is the blood of menstruation, it will be dark and recognizable. If it is that, then leave the prayer. If it is other than that, then make ablution and pray, for it is only due to a vein." This is related by Abu Dawud, an-Nasa'i, Ibn Hibban and ad-Daraqutni, who said all of its narrators are trustworthy. Al-Hakim also related it, and said that it meets Muslim's standards.
Red. It is the original color of blood.
Yellow. It is a liquid, like pus.
A muddy color. It is an intermediate color between black and white, like dirt.
Malik and Muhammad al-Hassan ( and al-Bukhari in mu'allaq form) recorded that women would send 'Aishah small boxes with yellow-stained cotton, and she would tell them, "Do not be in haste until you see the pure white cotton." If the discharge is yellow or muddy during the days of menstruation, it is to be considered as part of the menses. During other days, it is not regarded as such. Umm 'Atiyyah said, "After we were pure, we did not consider the yellow or muddy discharge to be anything." This is related by Abu Dawud and al-Bukhari, but without the words "...after we were pure.. ."
Fiqh 1.70: There is no stated minimum or maximum length of time for the menses
All statements dealing with this topic have no sound backing. If a woman has a customary length of time for her menses, she should according to it. Umm Salamah asked the Prophet about a woman with a prolonged flow of blood. He said, "She should look for the number of days and nights that she usually has her menses and the time of the month during which it occurs. Then she should leave the prayer (during those days, and then afterwards) perform ghusl, tie something around her vagina and
pray." (Related by "the five,'' except for at-Tirmizhi.) If she has no customary period to go by, then she
can try to distinguish between the different types of blood. This practice is based on the previously quoted hadith of Fatimah bint Abu Hubaish, which states that menstrual blood is distinguishable and well-known to women.
All scholars agree that there is no minmum or maximum time limit between two menstrual periods. Some say that the latter period is fifteen days, while others say it is three days.
Fiqh 1.70 a: Post-Childbirth bleeding
Such bleeding occurs after the birth of a child, regardless if the child survived the birth or not. This type of bleeding has no minimum duration, for it could stop right after the birth, or there could even be no blood. Therefore, her confinement would end and she would be obliged to fast, pray, and so on. The maximum duration is forty days. Said Umm Salamah, "During the lifetime of the Prophet, the post- childbirth woman would be in confinement for forty days." (Related by "the five," except for an-Nasa'i.)
After recording the hadith, at-Tirmizhi states, "The knowledgeable companions, the following generation and those that came later agree that a woman experiencing post-childbirth bleeding had to stop praying for forty days unless her blood stopped. If her bleeding stops before that time, she is to make ghusl and start praying. If she sees blood after forty days, most scholars say that she is not to stop praying."
Fiqh 1.71: Forbidden Acts for Women Experiencing Menstruation and Post-Childbirth Bleeding
All acts forbidden for a person who has not yet cleansed himself from sex or a wet dream are prohibited to women in these two conditions, as these are considered major impurities. But, there are also two further prohibitions:
Fiqh 1.71 a: They cannot fast, menstruating women
If women fast, their fasting will be considered null and void. If they fast during the month of Ramadan, they will still have to make those days of fasting up later on. Mu'azhah said, "I asked 'Aishah, 'Why must we make up the fasts missed due to our menstruation, and not the prayers?' She said, 'That was what the Messenger of Allah told us to do. We were ordered to make up the fasts, and we were ordered not to make up the prayers." (Related by "the group.")
Fiqh 1.71 b: She can not engage in sexual intercourse
Said Anas, "When a Jewish woman was menstruating, her husband would not eat or sleep with her. The companions asked the Prophet, upon whom be peace, about that, and Allah revealed: "They question you concerning menstruation. Say: 'It is an illness, so let women alone at such times and go not in unto them until they are cleaned. And when they have purified themselves, then go in unto them as Allah has enjoined upon you. Truly, Allah loves those who turn unto Him and loves those who have a care for cleanliness" (al-Baqarah 222). The Messenger of Allah also said, "Do everything except
intercourse." (Related by "the group," except for al-Bukhari.)
In his comments on the subject, an-Nawawi states, "If a Muslim believes it is permissible to have intercourse with his menstruating wife, he becomes an unbelieving apostate. If he does it, not thinking that it is permissible, but out of forgetfulness or not knowing that it is forbidden or not knowing that his wife was menstruating, then there is no sin or expiation upon him. If he does it on purpose, knowing that it is forbidden, he has committed a grave sin and must repent. There are two opinions on this: the more correct one is that there is to be expiation." He further says, "All scholars say that one may touch anything above the navel or below the knees. Most scholars say that it is permissible to touch what is between the navel and the knees, but not the vagina or anus." An-Nawawi concludes that it is permitted but hated, as that is the strongest position from the evidence . This evidence is based upon the practice of the Prophet's wives: when he wished to be with them during their period, they would put something over their vagina. (Related by Abu Dawud.) Al-Hafez observes, "Its chain is strong." Masruq ibn al-Ajda' asked 'Aishah, "What is off limits to me sexually during my wife's menstruation?" She said, "Nothing, except the vagina." (Related by alBukhari in his Tarikh.)
Fiqh 1.72: Women with Prolonged Flows of Blood
Islam defines such an occurrence as the flowing of blood outside of the regular time. This usually happens in three specific cases. In the first case, the woman knows that her flow of menstrual blood is lasting longer than usual. In such a case, she will act according to her customary period, and the remainder will be considered days of prolonged blood flows. This is based on the hadith of Umm Salamah, in which she asked the Messenger of Allah, upon whom be peace, about this condition. He said, "She should wait for the days and nights of her normal period and figure them out of the month, and she should leave the prayer during those days. (Afterwards) she should perform ghusl, tighten something around her vagina and then pray." (Related by Malik, ash-Shafi and "the five," except for at- Tirmizhi.)
Evaluating the report, an-Nawawi says, "Its chain meets the conditions (of al-Bukhari and Muslim)." Al- Khattabi holds, "That regulation is for the woman who is experiencing prolonged blood flows. If the blood is flowing, the Prophet ordered her to leave the prayer during her regular period, and to perform ghusl after her customary time has passed. Then, she becomes just like any other purified person."
In the second case, a woman does not know her period well enough to determine if she is experiencing menstrual bleeding or a prolonged flow of blood. In that case, her menstruation is considered to be six or seven days, which is the most common among women.
Said Jamnah bint Jahsh, "I had a very strong prolonged flow of blood. I went to the Prophet to ask him about it. When I asked him if I had to stop praying and fasting, he said 'Tie around a cloth, and it will stop.' I said, 'It is greater than that.' He said, 'Curb it.' I said, 'It flows greatly.' He then said, 'You may do one of two things: either one will suffice. Which one you are able to do you know best. This is a strike from Satan. Be on your period for six or seven days, which Allah knows, and then perform ghusl until you see that you are clean. Pray for fourteen nights or thirteen nights and days and fast, and that will be sufficient for you. Do that every month as the other women become pure and menstruate. If you can, you may delay the noon prayer and hasten the afternoon prayer. Perform gh usl and pray the noon and afternoon prayers together. Then delay the sunset and hasten the night prayers and pray them together. Perform ghusl for the morning prayer and pray it. This is how you may pray and fast if you have the ability to do so..." And he said, "That is the more loved way to me."
As to the authenticity of the hadith, it is related by Ahmad, Abu Dawud and at-Tirmizhi, who grades it as hassan sahih. He says, "I asked al-Bukhari about it, and he called it hassan." Ahmad ibn Hanbal says it is hassan sahih.
Al-Khattabi observes, in a note to this hadith, that this is for the woman who is a "beginner" and does not know her regular days of menstruation. The Prophet told her to act according to the customary situation of women, and to consider herself as having her period only once a month, like most women. His statement, 'As women menstruate and as they become pure' points to this fact. This is by analogy to the affairs of women with respect to each other in menstruation, pregnancy, maturity and other affairs of theirs."
In the third case, a woman has a regular period, but she is able to distinguish the blood. She should, therefore, behave according to the type of blood she sees. Fatimah bint Abu Hubaish had a prolonged flow of blood, and the Prophet told her, "If it is menstrual blood, it is dark and recognizable. If you have that, abstain from the prayer. If it is other than that, make ablution and pray, for it is a vein."
Women who fall into any of these categories must abide by the following regulations:
Fiqh 1.73: Ghusl, menstruating women
She does not have to perform ghusl for every prayer, except for the one time when her period or blood flow has ended.
Fiqh 1.74: She must make ablution for every prayer, menstruating women
Said the Prophet, "Make ablution for every prayer." According to Malik, this is only preferred and not obligatory (unless she nullifies her ablution, of course).
Fiqh 1.74 a: Keeping the blood in check, menstruating women
She is to wash her vagina before she makes ablution, and she should wear something which soaks up the blood. It is preferred for her to do what she can to keep the blood in check.
Fiqh 1.74 b: Ablution, menstruating women
She should not make ablution before the prayer's time begins.
Fiqh 1.74 c: Sex, menstruating women
She may have intercourse with her husband even while the blood is flowing, according to most scholars, because there is no evidence to the contrary. Said Ibn 'Abbas, "If she can pray, her husband can have intercourse with her." Al-Bukhari says that if she is pure enough for prayer, she certainly must be pure enough for intercourse. Abu Dawud and al-Baihaqi related that 'Akramah bint Hamnah had a prolonged flow of blood and that her husband had intercourse with her. An-Nawawi holds its chain to be hassan.
Fiqh 1.74 d: What she can do, menstruating women
She is to be considered a pure person, and she may pray, fast, remain in the mosque, recite the Qur'an, touch a copy of the Qur'an, and so on.
Fiqh 1.75: Prayer
The prayer is a type of worship consisting of specific statements and actions. It is begun by pronouncing the greatness of Allah, and is concluded with salutations of peace. As prayer is the essence of Islam, we will discuss it here in detail.
To state it simply, prayer must exist, for without it Islam can not stand. The Prophet, upon whom be peace, said, "The head of the matter is Islam, its pillar is the prayer, and the top of its hump is jihad in the way of Allah." It was the first act of worship that was made obligatory by Allah. Its obligation was revealed directly to the Prophet, during his ascension to heaven. Said Anas, "The prayers were made obligatory on the Prophet, upon whom be peace, the night of his ascension to heaven. At first, they were fifty in number, but were reduced several times until they were five. Then it was proclaimed, 'O Muhammad, the order is not changed. These five are (equivalent) to the fifty.''
As to the authenticity of the report, it is related by Ahmad, an-Nasa'i and at-Tirmizhi, who said it is sahih.
Salah is the first act that the person will be held accountable for. 'Abdullah ibn Qart related that the Messenger of Allah, upon whom be peace, said "The first act that the slave will be accountable for on the Day of Judgement will be prayer. If it is good, then the rest of his acts will be good. And if it is evil, then the rest of his acts will be evil." (Related by at-Tabarani.) It is the last thing that the Prophet, upon whom be peace, recommended to his nation before he died, saying, "Prayer, prayer and what your right hand possesses." It will be the last thing taken away from the religion. When it perishes, Islam will perish. The Messenger of Allah, upon whom be peace, said, "If Islam were stripped away, piece by piece, people would hold tight to the next one. The first thing taken would be ruling and governance, and the last thing would be prayer." (Related by Ibn Hibban from the hadith of Abu Umamah.) In many verses of the Qur'an, Allah follows up prayer with the remembrance of Allah. "Lo! Worship preserves (one) from lewdness and iniquity, but verily, remembrance of Allah is more important." (al-'Ankabut 45); "He is successful who grows and remembers the name of his Lord, so pray (al-A'la 14-15); "So serve Me and establish worship for My remembrance" (Taha 74). Sometimes He mentions prayer along with zakah: "Establish prayer and pay zakah" (al-Baqarah 110). And at times, with patience: "Seek help in patience and prayer" (al-Baqarah 45), and with hajj: "So pray unto your Lord and sacrifice" (al-Kauthar 2); "Say: Lo! my worship and my sacrifice and my living and my dying are for Allah, Lord of the Worlds. He has no partner. This am I commanded, and I am the first of those who surrender (unto Him)" (al-An'am 162-163). At other times, Allah begins the acts of piety with prayers and ends with them, as in the verses about the ma'arij (ascension to heaven): "Successful indeed are the believers who are humble in their prayers," and the verses, "And who pay heed to their prayers. These are the heirs who will inherit Paradise. There will they abide" (al-Mu'minun 1-29-11).
The importance of salah is so great that one is ordered to observe it while travelling or not, while one is safe or in fear: "Be guardians of your prayers, and of the mid-most prayer, and stand up with devotion to Allah. And if you go in fear, then (pray) standing or on horseback. When you are safe, remember Allah, as He has taught you that which (heretofore) you knew not" (al-Baqarah 238-239).
Fiqh 1.76: Allah explains how to pray during fear, safety or wartime
"And when you are among them and arrange their prayers for them, let only a party of them stand with you (to worship) and let them take their arms. Then, when they have performed their prostrations, let them fall to the rear and let another party come to pray with you, and let them take their precautions and arms. They who disbelieve long for you to neglect your arms and your baggage, that they may attack. It is no sin for you to lay aside your arms, if rain impedes you or if you are sick. But take your precautions. Lo! Allah prepares for the disbelievers shameful punishment. When you have performed your prayer, remember Allah, standing, sitting and reclining. And when you are in safety, observe your prayer properly. Prayer at fixed hours has been enjoined on the believers" (an-Nisa' 102-103).
Fiqh 1.77: Allah also strongly warns those who tamper with their prayers or are heedless
Says Allah in the Qur'an, "Now there has succeeded them a later generation who have ruined their prayers and have followed lusts. But they will meet deception" (Maryam 59); "Ah, woe unto worshippers who are heedless of their prayers" (al-Ma'un 4-5).
Fiqh 1.77 a: Prayer is one of the most important acts in Islam
Prayer is one of the most important acts in Islam, and thus it requires a special guidance
Ibrahim asked his Lord to give him descendants who abided by their prayers: "My Lord! Cause me and (some) of my offspring to remain constant in prayer. And O our Lord! Accept my supplication" (Ibrahim 40).
Fiqh 1.77 b: One Who Ignores His Prayers
Not praying and denying its obligation is seen as disbelief and places the person outside the religion of Islam. All scholars agree on this piont. They base their opinion on several hadith, some of which are:
Jabir reports that the Prophet, upon whom be peace, said, "Between a person and disbelief is discarding prayer." (Related by Ahmad, Muslim, Abu Dawud, at-Tirmizhi and Ibn Majah.)
Buraidah reported that the Prophet, upon whom be peace, said, "The pact between us and them is prayer. Whoever abandons it is a disbeliever." (Related by Ahmad, Abu Dawud, at-Tirmizhi, anNasa'i and Ibn Majah.)
'Abdullah ibn 'Amr ibn al-'Aas reported that the Prophet, upon whom be peace, one day mentioned the prayer and said, "Whoever guards and observes his prayer, they will be a light and a proof and a savior for him on the Day of Resurrection. Whoever does not guard and obvserve them, they will not be a light or a proof or a savior for him. On the Day of Resurrection, he will be with Qarun, Fir'aun, Haman and Ubayy ibn Khalf." (Related by Ahmad, at-Tabarani and Ibn Hibban. Its chain is excellent.)
That one who does not pray will be with the leaders of the unbelievers in the Hereafter makes it evident that such a person is an unbeliever. Says Ibn al-Qayyim, "The one who does not pray may be preoccupied with his wealth, kingdom, position or business. If one is kept away from his prayers by his wealth, he will be with Qarun. One whose kingdom keeps him away from the prayers will be with Haman, and one whose business keeps him away from the prayers will be with Ubayy ibn Khalf."
Says 'Abdullah ibn Shaqiq al-'Aqeely, "The companions of Muhammad, peace be upon him, did not consider the abandonment of any act, with the exception of prayer, as being disbelief." (Related by at- Tirmizhi and al-Hakim, who said it met al-Bukahri's and Muslim's conditions.)
Says Muhammad ibn Nasr al-Mirwazi, "I heard Ishaq say, 'It is authentic (that) the Prophet (said or ruled): One who does not pray is an unbeliever." It is from the Prophet himself that one who intentionally does not pray until the time for the prayer is over is an unbeliever."
Says Ibn Hazm, "It has come from 'Umar, 'Abdurahman ibn 'Auf, Mu'azh ibn Jabal, Abu Hurairah and other companions that anyone who skips one obligatory prayer until its time has finished becomes an apostate. We find no difference of opinion among them on this point." This was mentioned by al- Munzhiri in at-Targheeb wa atTarheeb. Then he comments, "A group of companions and those who came after them believed that an intentional decision to skip one prayer until its time is completely finished makes one an unbeliever. The people of this opinion incude 'Umar ibn al-Khattab, 'Abdullah ibn Mas'ud, 'Abdullah ibn 'Abbas, Mu'azh ibn Jabal, Jabir ibn 'Abdullah and Abu ad-Darda'. Among the non- companions who shared this view were Ibn Hanbal, Ishaq ibn Rahwaih, 'Abdullah ibn al-Mubarak, an- Nakha'i, al-Hakim ibn 'Utaibah, Abu Ayyub as-Sakhtiyani, Abu Dawud at-Tayalisi, Abu Bakr ibn Abu Shaibah, Zuhair ibn Harb, and others.
Some hadith make it clear that such a person should be killed. For example:
Ibn 'Abbas reported that the Prophet, upon whom be peace, said, "The ties of Islam and the principles of the religion are three, and whoever leaves one of them becomes an unbeliever, and his blood becomes lawful: testifying that there is no god except Allah, the obligatory prayers, and the fast of Ramadan." (Related by Abu Ya'la with a hassan chain.) Another narration states, "If anyone leaves one of them, by Allah he becomes an unbeliever and no voluntary deeds or recompense will be accepted from him, and his blood and wealth become lawful." This is a clear indication that such a person is to be killed.
Ibn 'Umar related that the Messenger of Allah, upon whom be peace, said, "I have been ordered to kill the people until they testify that there is no god except Allah, and that Muhammad is the Messenger of Allah, and they establish prayer and pay the zakah. If they do that, their blood and wealth are protected from me save by the rights of Islam. Their reckoning will be with Allah." (Related by al- Bukhari and Muslim.)
Umm Salamah related that the Prophet, upon whom be peace, said, "There will be rulers over you who will do good and evil things. Whoever hates these (latter) acts will be innocent of them. Whoever denies them will be safe, but (not) one who accepts and follows them." They asked, "Should we kill them?" He said, "Not if they pray." (Related by Muslim.) Therefore, he made it unlawful to kill even an unjust ruler who observes his prayers.
Abu Sa'eed reported that 'Ali, while he was in Yemen, sent the Prophet some gold, which he then divided among four people. A man said, "O Messenger of Allah, beware of Allah." The Prophet said, "Woe to you. Of all the people of the earth, am I not the most dutiful in being aware of Allah?" Khalid ibn al-Walid said, "O Messenger of Allah, shall I kill him?" He said, "Perhaps he is one of those who pray." Khalid said, "How many people say with their tongues what is not in their hearts?" The Prophet said, "I have not been ordered to look into the hearts of people, nor to rip open their bellies." (Abridged from al-Bukhari and Muslim.) In this hadith also, prayer is given as the reason for not killing a person. It is understood, therefore, that not praying would have resulted in the person's killing.
Even though the preceding hadith clearly rule that one who discards salah becomes an unbeliever and should be killed, many early and later scholars (excluding Abu Hanifah, Malik and ash-Shafi) believe that such people become evildoers who must repent. If such a person does not repent, he is to be killed, that being the prescribed punishment, according to Malik, ash-Shai'i and others. Abu Hanifah maintains that such a person is not to be killed, but must be given a minor punishment and confined until he prays. They say the hadith that calls such people unbelievers refer to those who deny the prayers, and so on. They say that any other interpretation is contradicted by other texts. For example, Allah says, "Lo! Allah does not pardon one who gives Him partners. He pardons all save whom He wills" (an-Nisa' 116). There is also a hadith related by Abu Hurairah and recorded by Ahmad and Muslim in which the Prophet, upon whom be peace, said, "Every prophet has a special supplication that is answered. Every prophet hastened to make his supplication, but I concealed mine and will use it for my nation on the Day of Resurrection. It will be granted--Allah willing--to whoever dies without associating any partners with Allah." Al-Bukhari also recorded that Abu Hurairah reported that the
Prophet, upon whom be peace, said, "The person who will be the happiest due to my intercession is the
one who says, 'There is no god but Allah' sincerely from his heart."
Says ash-Shaukani, "The truth of the matter is that he becomes an unbeliever who is to be killed for his unbelief. The hadith authenticates that Islamic law calls one who does not pray an unbeliever. It has also put the performance as the barrier between a believer and an unbeliever. Abandoning prayer means he may be called an unbeliever. We need not concern ourselves with arguments presented by those of the opposing opinion. We can say to them: It is not impossible that some types of unbelievers may obtain forgiveness or may have a right to intercession, such as the unbelief of those who pray to
( our) qiblah. Nevertheless, the fact remains that they commit some sins which the Islamic law views as
unbelief. To turn to the other narrow interpretations is just redundant."
Fiqh 1.80: Who Must Pray
Prayer is obligatory upon every sane, adult Muslim. 'Aishah related that the Messenger of Allah, upon whom be peace, said, "The pen is raised for three (meaning: there is no obligation upon three): one who is sleeping until he wakens, the child until he becomes an adult, and one who is insane until he becomes sane."
As to the authenticity of this report, it is recorded by Ahmad, Abu Dawud, at-Tirmizhi, an-Nasa'i, Ibn Majah, and al-Hakim, who grades it sahih according to the criterion of al-Bukhari and Muslim. At- Tirmizhi classifies it as hassan.
Although it is not obligatory for a child to pray, it is a must that his guardian order him to do so when he is seven, and he should beat him if he does not pray after he reaches the age of ten. A minor should practice praying until he reaches puberty. 'Amr ibn Shu'aib related from his father on the authority of his grandfather that the Prophet, peace be upon him, said, "Order your children to pray when they reach the age of seven. Beat them (if they don't pray) when they reach the age of ten. And have them sleep separately."
The hadith is related by Ahmad, Abu Dawud, and al-Hakim. The latter grades it sahih according to Muslim's criteria.
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