Hanbali Fiqh - Kitāb Al-Tahārah

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Introductory

Hanbali Fiqh:
Notes on Kitāb al-Tahārah

Source Material:

Dalīl at-Tālib li-Nayl al- Bidāyat al-’Ābid wa


Matālib Kifāyat al-Zāhid
The Student’s Guide For Commencement of the Worshipper
Accomplishing the Goals of Worship and Sufficiency of the Ascetic
‫دليل الطالب لنيل المطالب‬ ‫بداية العابد وكفاية الزاهد‬
Authored by Authored by
Imām Mar’ī ibn Yūsuf al-Karmī Imām ʿAbd al-Raḥmān b. ʿAbd
(d. 1033H) Allāh al-Baʿli (d. 1192H)
Notes based on lessons with:
Notes based on lessons with:
Shaykh Alomgir Ali
Shaykh Khalil Danny Salgago
Shaykh John Starling III
Kitāb al-Tahārah (Chapter on Purification)
➢ Defining: Tahārah
○ Linguistic meaning:
■ Purification or cleaning oneself from material or immaterial filth
● Material being physical filth and immaterial being transgression or
misguidance
○ Shari’ī meaning:
■ The lifting of hadath and removal of a khabath (raf’u-l-hadath wa
zawālu-l-khabath)
● A. The lifting of hadath (ritual impurity)
○ Hadath (or ritual impurity) is a spiritual state of impurity;
not tangible or exclusively dependent on physical
properties
■ The 2 types of ritual impurity:
● Al-hadath al-akbar (major impurity):
○ Caused by menstruation,
postpartum bleeding, sexual
intercourse and the emission (or
movement) of seminal fluid,
intentionally or not
● Al-hadath al-asghar (minor impurity):
○ Caused by defecation, urination,
sleeping, breaking wind, intoxication,
etc.
■ Related to ‘ibādah (worship): There are acts of
worship that cannot be performed within states of
hadath
● Impermissible acts in state of minor
hadath:
○ 1. All types of salāh
○ 2. All types of tawāf
○ 3. Touching the mushaf
■ Includes the cover, pages and
even texts that are only partially
mushafs
● Impermissible acts in state of major
hadath:
○ 1. Reciting Qur’ān
■ Valid khilāf exists for this
○ 2. Staying in the masjid without
wudhū
■ Valid khilāf exists for this
○ Acts that lift hadath include:
■ Wudhū (for minor hadath)
■ Ghusl (for major hadath)
● More details on this below
● B. The removal of a khabath (physical impurity)
○ Khabath (or physical impurity) being any najāsah
(physical filth)
■ Types of materials considered physically impure:
● Human filth: blood, pus, urine, feces, pre-
ejaculatory fluid, vomit
● Intoxicating fluids
● Animals not allowed to be eaten and that
are larger than cats
○ These include predator and
prohibited animals such as: lions,
wolves, dogs, pigs, eagles,
elephants, etc.
● Carcasses of animals found after death
(except for humans, fish, locusts, bloodless
animals, and edible animals if slaughtered
righteously)
○ Additional note: This does not mean it
is permissible to eat these things. It only
means they are not considered impure.
■ Note: The impurity would need to be wet in order to
transmitted towards the recipient
● i.e. dry dog hair or elephant skin would not
cause one to be tainted with najāsah
○ Acts that remove a khabath include:
■ Cleaning oneself after using the washroom
● Istinja’ and istijmār
○ More details on this below
■ Washing hands after contacting a najāsah
■ Cleaning clothes or objects from a najāsah
● The ground or floor is excluded from this
○ The process of cleansing of a khabath:
■ A minimum of 7 washes are needed to remove any
khabath
● It does not matter if the material was
removed on the first wash
● Defining a wash: Each individual time the
object gets in contact with water
● Additional commentary:
○ Shaykh BaJābir (May Allah preserve him): A third
category exists and that is that which is similar to the
lifting of hadath
■ Examples:
● A. Tayammum
● B. Washing the dead
● C. Tajdīd al-wudhū (Voluntary wudhū)
● D. Wudhū for istihāda (irregular vaginal
bleeding)
■ Why the distinction?: These do not necessarily lift
hadath, but they are similar in nature and purpose
■ Acceptable substances for purification:
● Water
○ The most appropriate for removal of khabath
○ The only acceptable option for lifting hadath (if present)
■ To be explained in detail below
● Fine earth (or the like, such as dirt)
○ Only in times of dharura (dire necessity)
■ In the case of tayammum
● Stones (or the like, such as dry toilet paper)
○ Can remove khabath, but cannot lift hadath
● For vessels: Tanned leather
○ According to Shaykh Ba-Jābir (May Allah preserve him),
tanning the skin of the dead animal into leather purifies the
skin
■ Note: In the case of making vessels for drinking or
holding water
■ Additional note: There is ikhtilāf in this issue
➢ The three types of water
○ 1. Tahūr (Purifying water)
■ The 3 defining qualities of tahūr water:
● 1. Upon its original and natural state (“Huwa al-bāqī ‘alā
khilqatih…”)
○ The 2 types of natural states:
■ 1. Contains no traces of artificial additives
● Water found in the natural world
○ Lake water
○ Spring water
○ Rain water
○ Ocean water (salt water included)
■ 2. Has been tampered in some capacity but
legally deemed to be upon its natural state
● In the text: “Or what is legally deemed
[natural] (wa lau hukmān)…”
● Examples in the text:
○ Water that is tainted by algae
○ Murky stagnant water
○ Water covered in tree leaves
○ Water tainted by its conduits with
sulfur, fluorine, or lead in pipes, etc.
○ Filtration systems
○ Other neighboring impurities of
natural occurrence
■ All of the above are considered mubāh
(permissible)
● 2. Able to lift ritual impurity (“...yarf’u’l hadath…”)
● 3. Able to cleanse extrinsic filth (“…wa yazīlu’l khabath.”)
■ The four categories of tahūr water:
● I. Tahūr water that is harām for all to use
○ Water that removes khabath, but does not lift hadath
■ All impermissible water
● Water obtained through invalid means:
○ Misappropriated water
■ i.e. using water fountains
meant for drinking for
purification, etc
○ Water that was stolen
● Derived from the principle of usūl:
○ Prohibition necessitates invalidity
(‫)النهي يقتضي الفساد‬
● II. Tahūr water that is harām for men to use
○ Water left over from an adult woman’s private ghusl or
wudhū
■ Only other women can now use this water for lifting
hadath
● This does not refer to the water that was
used
○ Rather the remaining water that
wasn’t used and is still within the
vessel
● This ruling also applies for khunthā (intersex
people) as well
○ Exceptions:
■ If the remaining water was intended for a young
girl
■ If the remaining water was of a large amount (>50
US gallons)
● More on these measurements below
■ If the remaining water was not used for a private
ghusl or wudhū (complete purification)
● If used instead for:
○ A voluntary purification
○ To remove a khabath
○ A purification process where a
portion was not made in private
● III. Tahūr water that is makrūh to use
○ Water that removes khabath and lifts hadath, but
comes from disliked sources
■ The listed examples:
● Water from wells in graveyards
● Water that is very hot or very cold
○ This condition prevents one from
making wudhu with focus and ease
● Water that has been heated up using filth or
impermissible items
○ Elements of the najasah could end up in
the water
● Water that has already been used for non-
obligatory purifications
● Water used and left over by non-Muslims
after baths
● Water with traces of evaporated and dried
salt from natural salt flats (salt pans)
● Water which has been mixed with insoluble
substances such as lipids (oil, wax, etc.) or
camphor
● Note: Zamzam water is included in disliked
waters for purification only when it is used
to remove khabath
● IV. Tahūr water that is mubāh to use
○ Water that removes khabath and lifts hadath and is
acceptable to use
■ This includes waters from:
● Seas, wells, springs, rivers, public bath
houses, and water that has sat in the sun
■ Must retain three essential qualities:
● It’s original color, taste, and smell
○ Except:
■ Water which has changed
due to natural causes (i.e.
carcasses, leaves from trees,
algae, extended stillness,
mud, etc.)
○ 2. Tāhir (Pure water)
■ The defining quality of tāhir water:
● Water that's essence has been greatly changed to the degree that
it can no longer be called ‘water’ (i.e. tea, lemonade, sparkling
water, soda, etc.)
○ The 3 essential qualities of water:
■ A. Color
■ B. Taste
■ C. Smell
○ Measuring a slight change versus a great change
■ General rule of thumb: If you wouldn’t be able to
accurately call it water anymore, it’s no longer tahūr
■ If there is a slight change in one of the qualities, it
remains tahūr
● Note: If there are slight changes in more
than one quality, it equates to a great
change
○ i.e. If the color and the taste of the
water slightly changed, it has – by
default – greatly changed
○ The one exception to this rule:
■ Earth (soil) can be artificially added to water and it
will still be considered tahūr water as earth is also
an abluent
● Such as the case in washing vessels or
clothing tainted by dog saliva
○ More on this below
● Being wary of mixture:
○ If too much earth (soil) is added and
the water becomes mud or clay,
then it is no longer permissible to
use for purification
■ The 2 processes in which tahūr water becomes tāhir:
● 1. In the case of artificial tampering (as described above)
○ If a substance is artificially added into the water and
changes the water’s three essential qualities
● 2. In the case of used water
○ If water in a vessel was previously used, such as:
■ A. Leftover water from someone’s obligatory
purification
● Voluntary wudhū does not count, as it did
not actually lift a hadath
■ B. Water in a small vessel tainted by a mukallaf
Muslim who failed to wash their hands three
times after waking up from a night’s sleep
● Only counts if the hand was fully submerged
in the small vessel of water; partial contact
does not taint the water
○ If no other source of water is
available, it becomes necessary to
use this water along with
tayammum
● Context: It is wājib (obligatory) to wash the
hands three times upon waking up from a
night’s sleep
○ Only pertains to night sleep: this
ruling is not applied for light sleep
where one is standing or sitting or
for a nap during the day
■ C. Water used to clean an object from a najāsah
● Even if the waters qualities did not change
after the seventh wash, whatever water
comes off the object is now unusable for
future purification
■ The ruling of tāhir water: Pure, but not purifying
● It is mubāh to consume the liquid (as it is pure)
● It is invalid to use tāhir water for any type of purification
○ It does not lift hadath nor properly cleanse a khabath
■ Note: Cannot even be used for voluntary
purification
○ 3. Najis (Impure water)
■ The definition of tāhir water:
● Water that has been tainted with najasah and does not meet the
size requirements necessary to remain pure
■ Quantity amounts needed to maintain purity:
● A qullatān (two qullahs, or two large jugs) is the standard
measurement in most books of fiqh. In modern standards, this
comes out to approximately 50 US gallons
○ If the amount is under 50 US gallons:
■ Any drop of khabath will make it najis water
○ If the amount is over 50 US gallons:
■ The water’s three essential qualities must be
changed to be considered najis
● Important: If the quantity is >50 US gallons
and the khabath remains in the water
without changing it’s qualities, then it
remains tahūr
○ i.e. Urine or defecation within a large
body of water
■ Najis can only return to being tahūr if:
● A. The waters changes disappear by themselves
● B. If enough najis water is removed and replaced with tahūr water
to equate the necessary amount (over 50 gallons)
○ As is often the case in flowing waters
■ If tahūr water is indistinguishable from impermissible water:
● It is harām to use either container (or water source); instead the
person must seek an alternative source or simply perform
tayammum
○ Relevancy: In the case of there being two containers near
each other (one tahūr; one najis / tāhir) or if the person
searching for water was unable to see for whatever reason
● If a vessel or water source is known to contain impure water, it
is wajib for the person to inform others who similarly may use it

➢ Containers and utensils (al-Āniyah)


○ All tāhir containers are mubāh to own, no matter how expensive they are
■ Except: Gold and silver containers
● Including containers only plated with gold and silver
○ The only exception to this restriction is if the container was
soldered using silver (not gold) for utilitarian purposes
■ Meaning: Not for any decorative or valued-based
purpose whatsoever
■ Containers and vessels used by Non-Muslims:
● Certainty that it contained najāsah
○ Impure to use
● Certainty that it did not contain najāsah
○ Pure to use
● Uncertainty that it did not contain najāsah
○ Permissible and pure (by assumption)
■ Physical contact with a disbeliever does not
inherently make something impure
● Additional clarification: If you encounter a
container or vessel used or owned by a
disbeliever, always assume it is pure unless
obviously noted otherwise
○ Relevancy: In the case that one is wary
a disbeliever may not wash their hands
after the restroom and touches your
plate or cups, it is best to assume purity
and not create hardship for yourself
● Related to the legal maxim: Certainty is
not overruled by doubt
○ Everything is deemed pure unless
specifically noted to be impure
○ Purification performed with impermissible container:
■ The purification would still be valid, though the act itself would remain
sinful
● Reasoning: Water is not considered impure due to its preservation
in these vessels
○ Permissibility based on animal products:
■ Impure and not permissible to use
● Bones
● Horns
● Claws and talons
● Hooves
● Tendons
● The leather of non-slaughtered animals
○ The hide of found carcasses cannot be made pure through
tanning
■ To be permissible: Must have been slaughtered
properly
■ Pure and permissible to use:
● Fur
● Wool
● Feathers
● Note: Only if the animal was deemed to be pure when it was alive.
○ In this case, animals that were not larger than cats
○ Recommended (masnūn) acts pertaining to vessels:
■ To cover utensils when not in use
■ To seal water bottles when not in use

➢ Anal hygiene
○ Istinjā’ (General clean)
■ Defining: Using water or a clean and permissible stone (and the like) to
remove whatever comes out of the two major bodily orifices
● As popularly used with a bidet, lota, etc.
○ As mentioned, this can also be achieved with a clean and
permissible stone (and the like) if the filth did not spread
● Not necessary for pure emission
○ i.e. sperm (maniy), wind from the rectum, etc.
■ How to measure completion:,
● The private part should be returned to the state it was prior to
urination or defecation
○ Sincere assumption suffices for completion (does not need
to be examined conclusively)
○ Istijmār (Specific clean)
■ Defining: Specifically cleaning oneself with a stone, or similarly, an object
that is solid, dry, permissible and cleansing
● Analyzing the necessary qualities:
○ 1. Solid
■ Has to be in one piece, cannot be grains of sand,
rice, etc.
○ 2. Dry
■ Cannot be wet (i.e. wet wipes are not valid)
○ 3. Permissible
■ Cannot be a valuable item, something stolen, etc.
● List of impermissible items:
○ Manure
○ Bones
○ Food (including animal food)
○ Items of considerable value
○ Sacred items
○ Stolen items
○ 4. Cleansing
■ Must be able to properly clean the area
■ Requirements of istijmār:
● At least three wipes are required
○ There is no maximum
● Can be used alone without istinja only when the khabath has not
surpassed the area of secretion
○ If the filth was not retained to the area of cleaning, the
individual would have to perform istinjā’ to clean
○ Proper protocol for istinjā’ and istijmār:
■ Recommended:
● Cleaning with dry item then using water
○ If only one can be used, water is best
■ Reprehensible:
● Cleaning with water then using dry item
○ Runs contrary to the sunnah and also not logically sound
○ Masnūn (recommended) acts in the lavatory:
■ Entering and exiting properly
● Stepping in with left foot and saying: “A'udhu Billahi min al-khubthi
wa'l-khabaith”
○ Or what is similarly established as adhkār
● Stepping out with right foot and saying: “Ghufrānak”
■ Facing the proper direction
● Reprehensible to face the following outdoors:
○ Qiblah
■ The individual should not be facing or have their
back towards the qiblah
● The reprehensibility is voided if the person
is in a confined space
○ i.e. indoor washroom, outhouse, etc.
○ Sun and moon
○ Opposing direction of the wind
■ Maintaining proper ādāb in the lavatory:
● Not speaking without need
● Not urinating in a pot
● Not urinating in a crack in the wall
○ ‘Illah (rationale): This action may harm insects
● Not urinating in fire or ash
● Urinating while standing is mubāh
● More on these below

➢ Personal hygiene
○ Using the siwāk
■ A siwāk is a tooth-stick made from specific trees (i.e. aarak trees) used to
clean teeth and freshen mouth
● Considered sunnah by consensus
○ Encouraged at all times of the day
■ Except: After the zawāl (the highest point of the
sun) for the fasting person
● Imām Mansūr al-Buhūti ‫ رحمه هللا‬was of the
minor opinion that it was acceptable at all
times for all people, regardless of fasting
■ Times specifically recommended:
● Before prayer
● Before wudhu
● Before Qur'ān recitation
● Before entering the masjid
● After obtaining bad breath
● After stomach has become empty
● After being quiet for a very long time
■ Qualities of the siwāk:
● A. Should be moist
○ Unless fasting, then preferable to use dry stick
● B. Should have a pleasant fragrance
■ Proper usage of the siwāk:
● Permissible to share one siwāk amongst multiple people
●Permissible to use both left and right hand to clean
○ The most optimal way to start:
■ Left hand cleaning right side of mouth
○ Ahkām regarding bodily maintenance:
■ Wājib (obligatory):
● Circumcision for both male and female
○ Female circumcision does not mean female mutilation
■ Refers to some of the excess skin of the clitoral
hood
● Contemporary reception: Due to high risk
of harm and legal difficulty, many of the
modern fuqahā’ have voided the obligation
for women
○ Preferable before puberty, obligatory after
■ Considered part of the Sunān al-Fitrah
● See below
● Letting the beard grow
○ Permissible to trim only after reaching a fist
■ Note: Many contemporary scholars (such as
Shaykh Mukhtar Ash Shanqiti) consider it only
makrūh and not harām to trim before a first
○ Considered part of the Sunān al-Fitrah
■ See below
■ Mustahabb (recommended):
● Sunān al-Fitrah (Ordained acts of natural preservation)
○ Shaving the pubic region (both male and female)
○ Plucking the armpit hair
■ Permissible to do with razor, though plucking by
hand is preferable
○ Trimming the nails
○ Trimming the mustache
■ Not letting hair fall over the lip
● This does not mean shave the mustache in
its entirety, simply trim
○ Using the siwāk
○ Cleansing the nose (al-istinshāq)
○ Cleaning private parts (after using the lavatory)
■ Considered a condition of wudhū
○ Trim the fingernails
● Beginning everything with the right side
● Using oil on hair and body
● Applying kuhl to the eye
○ Especially at night before bed
● Looking into a mirror and reciting the du’ā:
○ "O Allah, just as You have made my external features
beautiful, make my character beautiful as well"
● Applying perfume and fragrances (for males only)
■ Makrūh (disliked):
● Shaving part of the head and leaving part of it
○ Extreme fades, mohawks, etc.
● Piercing ears of baby boys
■ Harām (forbidden):
● Lingering in the bathroom longer than required
○ Two reasons given:
■ Uncovered awrah in public for extended period of
time
■ Keeps you from being able to externally remember
Allah
● Defecating or urinating on the following places:
○ Watering place (i.e. fountain, well, lake, etc.)
○ Traversed path
○ Area people use for shade
○ Fruit-bearing tree
○ When facing the qiblah (outside)
■ See above for added note

➢ Wudhū (Minor purification)


○ Defined as: The application of tahūr water on four designated parts of the body
in a specific manner
■ The four designated parts:
● 1. Face
● 2. Arms
● 3. Head
● 4. Feet
○ Beginning with niyah (intention):
■ Starting all acts of purification with appropriate intention
● An action cannot be performed unless a direct intention is
specified
○ i.e. one cannot shower for the sake of showering and consider it
ghusl, doing wudhū for the cooling effect of the water, etc.
● Intentions are in the heart, so mistaken verbal pronunciations
would not nullify the intention
○ If one were to perform an act of worship and continually
doubt their intention, however, the act would become
nullified
■ Certain intentions must be pronounced with the tasmiyah (‘bismillah’)
● Acts that require a tasmiyah (but valid if forgotten or
ignorant):
○ Wudhū
○ Ghusl
○ Tayammum
○ Washing hands after waking up
○ Washing the dead
● Acts that require a tasmiyah (with no excuses):
○ Hunting or slaughtering an animal
■ Considered wājib in the Hanbali madhhab
● Mufradāt ul-madhhab (Singular opinion of the madhhab)
○ The 8 shurūt (conditions) of wudhū
■ 1. Stopping the action that requires it
● Urination, defecation, sleeping, etc.
○ Certain disorders may warrant dispensation, such as those with
urinary incontinence, etc.
■ 2. Making the intention
● To be made in the heart and on the tongue through the tasmiyah
○ If one were to forget throughout the entire act, it would not
require repeating
○ If one were to forget and remember while still performing
the act, it would require repeating everything from the
beginning
■ 3. Having Islām
■ 4. ‘Aql (sound mind)
■ 5. Tamyīz (discernment)
● Age of discernment: 7 years of age
○ Not of legal capacity, but the age where children should be
exposed and reared towards legal obligations
■ 6. Using pure water that is permissible
● Not stolen or misappropriated
○ i.e. Not using fountains made for drinking, taking
someone’s drinking cup, etc.
■ 7. Removal of prohibitive barriers
● i.e. cosmetics, nail polish, etc.
■ 8. Istinjā’ or istijmār
● A thorough clean is required for wudhū after having used lavatory
○ The 6 furūdh (requirements) of wudhū
■ 1. Washing the face (mouth and nose included)
● Horizontal: From one ear to the other ear
● Vertical: From the natural hairline to the chin
■ 2. Washing hands / arms up to the elbow
● To wash the hands in the beginning is sunnah
● To wash the hands after a night’s sleep is wājib
○ Mufradāt ul-madhhab
■ 3. Wiping the entire heads (including the ears)
●Not required to throw water over heads, simply wetting hands and
going over limbs (masah) is sufficient
○ This applies for all the limbs
● This ruling remains even if one were to not have hair
● To be performed only once over the entire head
○ In contrast to other limbs, in which three times is preferred
■ 4. Washing feet up to the ankles
■ 5. Maintaining the proper sequence
■ 6. Maintaining continuity
● Not leaving enough time in between washes for a piece of the
body to dry up
○ This also includes not leaving to perform other tasks in
between washes
○ The 8 nawāqidh (nullifiers) of wudhū
■ 1. Excretion of anything from two tracts
● The two tracts: the sex organ or the anus
■ 2. Vomit or blood in considerable amounts
■ 3. Loss of consciousness (sleep included)
● Sleep is further divided into three categories:
○ Deep sleep: Complete loss of senses
■ Breaks wudhū
○ Light sleep: Able to hear, but not understand
■ Does not break wudhū unless the person is leaning
on something
○ Very light sleep: Just faintly closing the eyes
■ Does not break wudhū
■ 4. Washing any direct part of the deceased
● Does not include the person who only helped pour water
■ 5. Eating camel meat
● Mufradāt ul-madhhab
○ Only the camel’s meat breaks wudhū; no other part of the
camel has the same effect (i.e. milk)
■ 6. Touching human sex organ (including your own) or anus
● Excluding testicles and outer buttocks
■ 7. Desirous touch of opposite gender without a barrier
● Performed with lustful intention
○ This applies whether the person is dead, elderly or
mahram
■ Under age of 7 is excluded
■ 8. Apostasy
○ What does not nullify wudhū
■ Foul language
■ Removal of hair, nails, etc.
■ Being doubtful of having wudhū
●As long as the doubt does not surpass the certainty of having
performed wudhū
○ The 18 recommended acts of wudhū
■ 1. Facing the qiblah
■ 2. Using the miswak
■ 3. Washing both hands three times
● Obligatory for those waking up from a night’s sleep
■ 4. Beginning washing the face with rinsing mouth and sniffing nose
● Performed in this order
■ 5. Exaggerating with mouth rinses and nose sniffing of water
● Unless the individual is fasting
■ 6. Completely washing all of the limbs
■ 7. Using extra water while washing the face
■ 8. Running water in between the fingers
■ 9. Running wet fingers through a thick beard
■ 10. Using new water to wipe the ears
■ 11. Beginning with right limbs before left limbs
■ 12. Washing beyond the obligatory limbs
■ 13. Washing two to three times
■ 14. Actively maintaining the intention until the end of the wudhū
■ 15. Actively maintaining the intention when washing hands
■ 16. Reciting established adhkār silently
■ 17. Upon completion, reciting the Testification of Faith while gazing
into the sky
■ 18. Performing wudhū without the assistance of another person

➢ Wiping over the khuff


○ It is permissible to wipe over the khuff (leather sock), jowrāb (sock) or
similar material during wudhū
■ Wiping over jowrab is mufradāt ul-madhhab
● It is actually mustahabb within the madhhab to wipe over the
khuff as opposed to washing the foot
○ General principle within the madhhab: It is recommended to take
the dispensations Allah provides you
■ This also applies to the khimar (for women) and turban (for men)
● Only applies for turban and khimar, not any other headgear
○ Another mufradāt ul-madhhab
○ The 7 shurūt of the khuff (or sock)
■ 1. Worn after having completed taharah (including wudhū and ghusl
only)
● If sock is removed after having made wudhu, the wudhū is
invalidated
○ If one is in a state of major hadath, one cannot wipe to
enter state of taharah
■ 2. Concealing obligatory area (the foot and ankle)
■ 3. Being able to walk in them without difficulty
● Distance of said walk is measured by custom
○ Some scholars stipulate a minimum requirement of miles, others
(i.e. Shaykh Ahmad b. Nāsir al-Qu’aymī) mention even walking a
short distance suffices
■ 4. Material remains fixed on foot by itself when walking
● Would not require tape or additional clip to maintain footing
■ 5. Must be tāhir
● Free of filth and any physical impurity
■ 6. Must be permissible
● Cannot be stolen, misappropriated, made of sacred material, etc.
■ 7. Not revealing skin
● i.e. transparent or having holes
○ Time limits for wiping the khuff (or sock)
■ Residents and sinful travelers: 24 hours to wipe over khuff
● The 24-hours begins the moment the individual enters into a state
of hadath
○ Not the moment the wudhū is made
● Sinful travel is determined by the primary objective of the travel
○ If sin were to occur during a travel, it would not render the
overall travel sinful
■ Travelers traveling without sinful purpose: 72 hours to wipe over khuff
● Unless the traveler:
○ A. Becomes a muqīm (resident) by staying in a location for
more than four days (or has the intention to)
■ If one were to travel knowing they would be
somewhere for more than four days, they are a
muqīm from the onset
○ B. Becomes doubtful of the time they initiated the wipe
● If the traveler wiped as a resident (at home prior to leaving on the
travel), they must abide by the residential 24-hour period
○ If the traveler is doubtful of whether they wiped as a resident or
traveler, then they abide by the 24-hour period
○ Wiping over a cast or bandage
■ It is mubāh to wipe over a bandage or cast (in the case of an injury)
if the bandage does not exceed the required size
● It can only cover the injured location
● Can be wiped for both major and minor hadath
■ The bandage or cast must be put on after purification
● If placed prior to purification, it must be remove
■ No time limit for cast or bandages

➢ Ghusl (Major purification)


○ Defined as: Using water over the whole body in a specific way
■ “And if you are in a state of janabah, then purify yourselves…” (Q5:6)
○ The 7 causes of major hadath
■ 1. Movement of sperm, even if it is not discharged
● If the sperm were to be indirectly released after performing ghusl,
it would not require repetition
■ 2. Sperm being released with desire
● Unless there is a medical need
■ 3. Inserting the head of the penis into a sexual opening without a
barrier
● This also applies for anal penetration, as well as insertion into a
corpse or animal
● According to the relied upon position in the madhhab, sexual
intercourse with a condom would not require ghusl (if no semen
was excreted)
○ A minor opinion within the madhhab (and many
contemporary fuqahā’) requires ghusl for any penetration
■ 4. Accepting Islam
■ 5. Blood of hayd (menstruation) finishes
■ 6. Blood of nifās (postpartum bleeding) finishes
■ 7. Death
● It becomes fardh for others to wash the body
○ Except for martyrs, who do not require ghusl
● This is purely a ta’abbūdī (devotional) practice
○ No ‘illah is required for the commandment to be filled
○ The 7 shurūt of ghusl:
■ 1. Stopping the action that requires it
● Urination, defecation, sleeping, etc.
○ Certain disorders may warrant dispensation, such as those with
urinary incontinence, etc.
■ 2. Making the intention
● To be made in the heart and on the tongue through the tasmiyah
○ If one were to forget throughout the entire act, it would not
require repeating
○ If one were to forget and remember while still performing
the act, it would require repeating everything from the
beginning
● The tasmiyah is wājib for ghusl
■ 3. Having Islām
■ 4. ‘Aql (sound mind)
■ 5. Tamyīz (discernment)
● Age of discernment: 7 years of age
○ Not of legal capacity, but the age where children should be
exposed and reared towards legal obligations
■ 6. Using pure water that is permissible
● Not stolen or misappropriated
○ i.e. Not using fountains made for drinking, taking
someone’s drinking cup, etc.
■ 7. Removal of prohibitive barriers
● i.e. cosmetics, nail polish, etc.
○ The proper method for the completion of ghusl
■ What is required (fardh):
● Ensuring the water reaches all over the body
○ Including madmada (rinsing the mouth) and istinshāq
(cleansing the nose)
○ This is based on personal assumption
■ Certainty is not required
● For women:
○ Washing the part of the privates that appears outwardly
when sitting (i.e. labia)
● Water should reach the skin under the hair
○ Unbraiding the hair is wājib for women who completed
hayd and nifās
■ This is not the case for women performing ghusl of
janabah
○ The 8 sunān of ghusl:
■ 1. To have wudhū prior to ghusl
■ 2. Removing dirt from the body
■ 3. Putting water on the hair three times
■ 4. Putting water on the rest of the body three times
■ 5. Performing the actions from right to left
● Beginning at the top right, then bottom right, then top left, then
bottom left
■ 6. Maintaining continuity
■ 7. Wiping the body with hands
■ 8. Washing the feet in another location
○ Setting the intention:
■ The intention of the recommended ghusl suffices for the obligatory
ghusl
● i.e. ghusl for Salāt ul-Jum’uah is sufficient for purification of major
hadath
○ Etiquette of ghusl:
■ One should not waste water during ghusl
■ Ghusl is allowed in the masjid and hammam (public bathhouse)
● The latter is only permitted if one is certain they are free from
harām
○ If facing harām is feared, it is makrūh
○ If facing harām is known, it is impermissible

○ The 16 recommended ghusls:
■ 1. Ghusl for Salāt ul-Jum’uah
● Most recommended
○ Considered a highly stressed sunnah
■ 2. Ghusl for the dead
■ 3. Ghusl in celebration of ‘Eid
■ 4. Ghusl for Salāt ul-Kusūf (Eclipse prayer)
■ 5. Ghusl for Salāt ul-Istisqā (Rain prayer)
■ 6. Ghusl for regaining sanity
■ 6. Ghusl for regaining consciousness
● i.e. after a coma, etc.
■ 8. Ghusl for prayer during istihādha (irregular bleeding)
● Wājib for the first prayer after menstruation, then mustahabb for
each prayer after
■ 9. Ghusl for entering ihrām
■ 10. Ghusl for entering Makkah
■ 11. Ghusl for entering the Masjid ul-Haram
■ 12. Ghusl for the qiyām of ‘Arafah
■ 13. Ghusl for Tawāf al-Ziyārah
■ 14. Ghusl for Tawāf al-Wida
■ 15. Ghusl for staying in Muzdālifa
■ 16. Ghusl for throwing stones at Jamrah

➢ Tayammum (Dry ablution)


○ Shari’i definition: Tayammum is a specific application of earth (or soil) for
wiping on the face and hands as a replacement for water-based purification due
to a legal inability
■ Tayammum temporarily fulfills the following three:
● Lifting of al-hadath al-askbar (major hadath)
● Lifting al-hadath al-asghar (minor hadath)
● Elimination of najāsah on the physical body only (as opposed to
anywhere else)
○ This must be done before doing the ritual cleansing:
The individual must try to remove as much as possible
from the body before beginning tayammum
○ This third fulfillment is mufradat of the madhhab
■ Tayammum is not necessary for the following:
● Najāsah not found on the physical body
○ Such as clothes, floor, carpet, etc.
■ We do not have to make tayammum for what is on
these above
● Being in the masjid when in a state of janabah
○ In the case that water is not available
● Note: Tayammum is still recommended, but not required
■ Understanding it’s hukm:
● According to the mu’tamad of the madhhab, tayammum is not a
lifter of hadath, simply a permitter
○ It does not lift the hadath completely and wudhū must be
made later to pray or perform certain acts of ‘ibadah
○ The 6 shurūt (conditions) of tayammum
■ 1. Making the intention
■ 2. Having Islam
■ 3. ‘Aql
■ 4. Tamyīz
■ 5. Istinjā’ and / or Istijmār
■ 6. Entrance of the prayer time
● One cannot make tayammum before the entrance of the prayer
time
■ 7. Absence of water due to it being: withheld; fear of physical harm;
or financial hardship (or anything similar)
● If one has insufficient water and can only perform a partial
purification, the person is obligated to:
○ 1. Use the water to the best of their ability, and then
○ 2. Perform tayammum to fulfill the remaining parts
■ 8. It be made with material that contains these 5 qualities:
● Tahūr; mubāh; earth (soil); unfired; dust from the soil must stick to
the hand
○ Sand, tree, grass, etc cannot be used; it must be earth
○ The 5 furūdh of tayammum
■ 1. Wiping the entire face
● What constitutes the face?
○ Length: it begins at the natural hairline up until the chin
○ Width: From earlobe to earlobe
● Differing actions from wudhū’:
○ Covering the beard, but the skin underneath it not
required
■ The skin underneath the hair is excused
● Different from wudhū, where covering the
face underneath the hair is a requirement
○ In regards to the mouth and nose:
■ It is reprehensible to put fine earth in the mouth or
nose
● As is done with water in wudhū
■ 2. Wiping the hand up to the wrist
● Evidences: There is no proof that the Prophet (saw) ever wiped
up to his elbows during tayammum
■ 3. Sequence (Tartīb)
● Keeping the correct order of the actions
● This is only required of lifting minor hadath
○ The reason: Sequence is not fardh for ghusl
■ 4. Continuity
● The time to maintain continuity is the same as that for wudhū
○ The time: However long it takes for the prior body part to
dry
● This is only required of lifting minor hadath
○ The reason: Continuity is not fardh for ghusl
■ 5. Specifying an intention for hadath or najasah
● It is required to specify whether the tayammum is being performed
to:
○ A. Lift hadath
○ B. Remove najasah
■ Review: The najasah found on the body only
● Not the najasah found on the surrounding
environment or the clothing
● An intention for one is not sufficient for another
○ For example, tayammum intended to remove najasah does
not lift hadath
○ There are four cases that can fall into this issue:
■ 1. If both (hadath and najasah) are intended, it is
sufficient
■ 2. If one intends lifting minor hadath only, it does
not lift the major hadath
● In the case that one has specified the
hadath
■ 3. If one intends lifting major hadath only, it does
not lift the minor hadath
■ 4. If one intends eliminating the najasah only, it
does not lift either hadath
○ The 5 invalidators of tayammum
■ 1. Anything that nullifies wudhū’
● Anything that would cause someone to enter major or minor
hadath
■ 2. The exiting of the proper prayer time
● The reason: It was a sunnah of the Prophet to remake his
tayammum upon the entry of a new prayer time
■ 3. The presence of water
● Unless the water was absolutely needed for survival
○ If the water is being used to feed humans, animals, etc
then it can be reserved for drinking and tayammum can be
performed instead
● If the musallī hears or is notified that water has been found during
prayer, the prayer would be invalid if completed
○If the prayer was completed prior to being alerted, it counts
as a valid prayer
■ 4. The termination of what permitted it
● The validity of tayammum directly corresponds to the existence of
its cause
○ If the cause is lifted, the ability to perform tayammum is
lifted
■ 5. The removal of whatever was wiped over
● Because tayammum replaces the wudhu or ghusl in all forms,
removing the imama (or whatever else was wiped over) would
cause the tayammum to need renewal
○ In the absence of earth (soil):
■ One is to pray the fardh and not add more than what is required
● This does not just mean outside of the fardh prayer, but inside the
fardh prayer itself
○ Not including any of the sunan or mustahab acts in the
prayer
■ Only doing the arkān
➢ Removal of najāsah
○ This is one half of taharah as this covers ‘zawwalu’l khabath’ (the elimination of
khabath)
■ Two types of contaminated objects
● ‘Ayn najis: That which cannot be purified as the nature of the
object is impure
○ The impure agent that turns other objects impure
● Mutanajis: That which has become contaminated and can be
purified
○ This can be further broken down into two categories:
■ A. That which is on the ground
■ B. That which is not on the ground
■ How is najāsah transmitted?
● Najāsah must have the quality of wetness in order to be
transmitted
○ Dry filth generally cannot be transmitted to another object
■ Wet filth includes: wet animal, sweaty dog nose,
feces, etc.
○ Mutanajis
■ Obligatory rulings
● Seven washes using tahūr water are required for everything
contaminated by najāsah
○ If not fully cleaned: More washes are required
○ Number of washes: Seven washes is mufradat al-
madhhab
■ This is derived from qiyās utilizing the ruling of purifying objects
contaminated by dog saliva
● The process of washing:
○ 1. Scratching and scrubbing the impurity with water
■ Only required if there is a need
○ 2. Wringing the object (if possible)
■ Away from the water
○ If contaminated by dog or pig: One of the seven washes
must require pure soil or earth
■ Soap can be used in place of pure earth
○ ‘Ayn najis
■ What is ‘ayn najis (intrinsically impure):
● Liquid intoxicants
○ This also includes material intoxicants as well, i.e.
marijuana, etc.
● Birds
○ Those that have talons (claws) and take other animals as
prey
● Animals that are physically larger than a cat
○ Particularly for animals that are customarily inedible
● Animal carcasses
○ Except:
■ A. The human
● The human carcass is never impure
because of the hadīth that states “the
Muslim is not impure.”
○ Regarding unbelievers, there is
ikhtilāf in this issue
■ B. Fish
■ C. Locust
● Bloodless animals are considered pure
■ D. Anything without flowing blood
● Such as insects or winged insects
○ Najāsah that can be overlooked:
■ Small amounts of dirt from roadways that is known to have najis
● Such as public streets where there may be traces of urine or
intoxicants
● What is a small amount?
○ This is according to custom
■ The leftovers of a pure animal
● Leftovers referring to the food and drink that weren’t consumed,
though were touched by the animals
○ This applies for all pure animals except wild chickens and
mice

Trace amounts of najasah from the mouth of a cat (or the like) or
child
● For example, if a child were to eat najasah and drink from a cup of
water
○ This water would still be considered tahūr
○ What is considered najasah in other madhahib but not with the Hanābilah?
■ Sperm is considered tāhir in the Hanbali madhhab
● It is recommended to wash away sperm from the clothes before
praying, but it does not nullify the prayer
➢ Menstruation
○ Defining terms
■ Hayd: The monthly cycle
■ Nīfas: Postpartum bleeding
■ Istihāda: Irregular bleeding
● The ahkām for menstruation does not apply for what is istihāda
○ Rather it is:
■ Mustahabb to make ghusl during istihāda
■ Wajib to make wudhū
● This act of purification would count as lightening the
najasah, since it does not physically remove the
najasah
○ Time frame of menstruation
■ Age range:
● The earliest age is 9 and the latest age is 50
○ This is based on lunar years
■ 9 Gregorian years would be 9.3 lunar years
■ 50 Gregorian years would be 51.5 lunar years
○ There is no ahadīth to substantiate these age ranges, but it
is based on empirical observations
■ Shaykh Khalīl Danny Salgado: This is the what the madhhab
has settled upon, but one is able to use differing opinions (if
necessary)
○ What if one were to bleed before or after these time
frames?
■ It would be considered istihāda (and not menstrual)
● The obligation to fast and pray would be
reinstated
■ In the case of pregnancy:
● Pregnant women do not menstruate
○ All blood during pregnancy would be considered
istihāda
■ Duration of menstruation:
● For the menstruation
○ Shortest period: One day and one night
○ Longest period: 15 days
○ Average duration: 6-7 days
● For the time of purity (tuhr)
○ Shortest period: 13 days
○ Longest period: There is no established limit for
maximum length
■ Someone could not have a menstrual cycle for months and it
would not have any shari’i implications
○ Average duration: 23-24 days
○ The ahkām pertaining to menstruation
■ Harām actions for the menstruating woman:
● 1. To perform prayer
○ Does not need to be made up
● 2. To fulfill an obligatory or voluntary fast
○ Obligatory fasts need to be made up
● 3. To have sexual intercourse
○ Kaffārah must be paid on both participating parties
■ One or one-half dinār as expiation
● One dinār is equivalent of 4.23 grams of
gold
■ Unless there was a darura
● Such as a severe sexual dependency that
may cause the husband to commit zina
○ The sexual acts that are permissible:
■ Intimate acts that do not require penetration are
permissible
● Made up of three categories:
○ 1. Any act above the navel and
below the knee is permissible
○ 2. Any act between the navel and
knee, except for intercourse, is
permissible
■ Fellatio and cunnilingus is
permissible
○ 3.
○ Sexual acts with the woman has not performed ghusl
after menstruation:
■ It is harām until the woman has performed ghusl
● No kaffārah would be required if sexual
intercourse is performed before the ghusl
● Not included in Bidāyat al-’Abid:
○ 4. Performing tawāf
○ 5. Touching and recitation from the mushaf
■ The majority opinion in the madhhab is that it is
harām to recite Qur’ān during menstruation
● Note: Shaykh ul-Islām Ibn Taymiyyah held the
opinion that it was permissible to recite Qur’ān for the
sake of learning
○ Postpartum bleeding (Nifās)
■ Defining the term:
● A blood the uterus releases for childbirth
○ Comprised of leftover blood held in the uterus during the
period of time of pregnancy
■ Time frame of nifās:
● Minimum: No minimum
○ Once the blood goes away, it is incumbent upon the
woman to begin her ritual obligations
● Maximum: 40 days
○ Begins the moment the child is born
■ Any postpartum bleeding after 40 days would be
istihāda
■ What constitutes a child within the womb?
● Time frame for fetal development:
○ Least amount: Anything before 81
days would not be considered a
child
■ No discernible features
before this time
○ Average amount: 90 days to gain
discernible features
○ Time of ensoulment: 120 days
■ Rulings during its presence:
● Permissibility of worship
○ Its presence is treated like menses
■ Harām to perform anything that is harām during
menstruation
● Including the ghusl upon its completion and
the kaffarah if sexual intercourse is
performed
■ Prayer is not to be made up
● Permissibility of sexual intercourse
○ It is makrūh to have intercourse with the first 40 days
■ This time begins after the first ghusl upon giving
birth
■ Determining life factors:
● The nifās does not determine:
○ 1. Bāligh (puberty)
○ 2. Iddah (waiting period after marriage)

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