Notes from fiqh class taught by Shaykh Abu Rumaysah.
Class held on 04/11/1434 AKA 10/09/13.
Names Of The Opening Takbeer:
Takbiratul ihram (opening takbeer – makes the prayer haram) all action outside prayer cannot do in prayer. Eg. conversations, walking around, looking around, etc. It is called this because the Prophet (saw) called it this (“The prayer made haram by takbeer, and is made halaal by taslim”)
Miftaah of prayer – key – The Prophet (saw) said, “the miftah of salah is purification.”
Iftitah – which means to open.
Istiftaa – which is the opening suplication (subhaana kallaahumma wabi hamdika…)
In the hadeeth of “the man who prayed badly”, the Prophet (saw) explained the salah to him (and all such descriptions were of the obligatory aspects of salaah), he (saw) said, “When you intend to pray, do wudhoo’ face the qibla, say takbeer…” This hadeeth is used to prove that the opening takbeer is an obligation – a pillar of prayer. According to Imaam maalik, Shaafi’ee & Ahmad, the prayer is nullified if you do not do it (whether due to forgetfuness or otherwise), the prayer is invalid and must be repeated.
The Wording Of Takbr:
– alahuakbar. (as said by prophet).
scholars discus other words legit used? besudes alahuakbar. kabeer al-azham. ajal. malik ahmad majority only akbar valid. bcz saw he clearly said “The prayer is made made haram by takbeer”, and thruout life always said alahukbr, never sad dfrnt, and sahaba
shafi akbar only valid, and al-akbar. bcz mean same. stronger = malik ana ahmad, bcz saw only said that nvr dfrnt. and pray as u see me pray, and he nevr don dfrnt.
abu hanfiah any mention of alah name sufcnt. regardles of name. proof- surah [87:14-15]. “successful indeed is he who purifies himself, and mentions the name of his Lord and prays.” This ayah general. mention alahs name. so any name u fulfil description of ayah mention name of lord and pray. anythng else valid. bcz u fulfiled ayah of quran.
mjrty difer, say no explicit statement of saw haram by takbeer, so saw telng u say takbir. so even if ayah = prayer, saw explain how we mention alahs name. that IF we asume ayah talkng bout takbir. other interpretation = ayah = iqamah
abu yusuf, dfrd with abu haneefah akbar and alakbar valid like shafi
correct view say akbar only valid way of opening prayer.
[15:19]
Prolonging The Vowels In The Takbeer:
vowels long = no proof 2 make vowels long. permisible, but betr 2 say normly. vary length of tabeer, rukuh, sujood, up from sujood. short long depending on length. reason for this folowers length of takbeer know prosture. know by length of takbr what imam is doing. but not sunnah. say normly all thru prayer. no long short. goes against spirit of prayer. shud concentrated, shud no, not be sleep, woken up by long takbeer. making takbir same length forces them 2 concentrate.
[18:00]
The Ruling On Raising The Hands:
Raising the hands is a sunnah which all agree upon. Only 1 or 2 scholars say there is no need 2 raise the hands.
The wisdom = Shaafi’ee was asked this q, and he answered saying firstly, it is a form of veneration ( ta’dhem) of Allaah. It shows one’s submission. You are surrendering yourself to him. In reality we are just servant with no pwer and everything is in Allaah’s Hands. Secondly, we do it to follow the sunnah.
An-Nawawi said; The Ummah has agreed on this – frst takbeer- but differed regarding the remaining takbeers – majority say its mustahab in elsewhere.
Ibn ‘Umar said, “rafayadain beautifies the prayer.”
[21:00]
When To Raise The Hands:
authentic hadth: bukhari saw same time as saying takbr. smtim afetr takbr (sahih muslim). muslim: he raise hands then say alahuakbar. all authentic narations.
when nrtion come 2 us all authentic, then alternate the way u pray. sometms this smtimes do that.
ibn hajar never sen any schlr or salaf suport this method or do this method. takbeer b4 raising hands. all scholars dnt tak about this at all. and explain it 2 mean dfrnt things. understand in light of other 2 hadeeths.
yes authentic hdeth – sahih musim – we must also take understanding of our scholars. if generality of salaf left this literal sense of hadeth, thn we to shud leav literal sense of hadth. imposble ummah upon misguidance. imposible sahih muslim hadith missed. so we trust unaminous understanding of the salaf. we leave thi smethod of other 2, bcz schlrs understood this hadeeth on other 2. not pratising it or promoting it.
PREFERENCE: shafi maliks prefer same time. bayhaqi said; most nrtns abot takbr mention same time, and strnger so we prefer this. hanafis prefer, raise THEN say takbr, reason bcz when u raise hands frst then negation (of our power) then afirmation (of aah greatness). both ethods authentic so alternate between 2.
[27:40]
How To Raise One’s Hands:
abu dawud. fingrs not spread out nor joint, slight gap relaxed. palm facing outwards. fingers relaxed. tirmidhe weak hadeeth says spread out. and sunah = raise fully, not lazily, lol. shud be areful of prayer. beautify our prayer, “beauty of prayer” ibn umar.
aplies 2 both men and women. both say takbr, raise hands etc. y bcz saw said pray as u have seen me pray, and he addressed both men and women. “women r the twins of men” (saw), meaning all rules apply 2 men apply 2 women. unles text proves exception.
[30:25]
“to level of shoulders” meaning palm paralel 2 shoulders. this is sunnah, in bukhari wud raise hands 2 shoulder. also anothr hadth in bukhari raise hands (palms) 2 lobe of ears. both saheeh. so alternate between 2, sometimes he done this/that. so we do this/that sometimes. the same way we do as he go into sajda (so paralel 2 shoulders or ear lobe).
ahmad (some schlrs) say alernate. mjrty prefer to shoulder bcz most authentic and most ….(?). some scholrs say combine. palm level 2 shouldrs, fungertip to ear lobes. so combine. stronger view = alternate.
Abu Haneefah: men do palm 2 ears, women palm 2 shoulders. No evidence from prophet for this.
The Imaam’s Voice When Saying Takbeer:
“then imam make sure ppl behind him can hear his takber” sofolows have 2 hear him 2 folow him.
[33:55] QA: how do we know what the stronger opinion is
[39:00] QA: Following the Imaam through his takbeer making sure he is following him.
[40:45] QA: Catching the Imaam ‘in the beginning’.
Click here to listen to the audio.
Maghrib Time:
Sky on sunset: red,white,black
End of maghrib = disappearance of shaqaq (twilight)
Maghrib end at end of red or end of white?
Majority maliki, shafi hanbali = maghrib ends at redness disappears
Also view of large number of companions including: ibn umar, ibn abbaas, abu hurayrah, ubaadah ibn samat & many others. Also view of abu haneefahs top two students (abu yusuf muhammad ash-shaybaanee)
In arabic language, the arabs linguistically understood shaqaq to mean redness not whiteness
Also hadeeth: ibn umar: Prophet: shaqaq = redness, when redness goes the next prayer becomes obligatory.
Not authentic from prophet. actually words of ibn umar
Abu hanifah’s view maghrib ends and isha starts when whiteness of sunset disappears. so maghrib much longer and isha starts much later, sometime close to midnight.
the hanafi dont follow madhhab of imam in summer, they follow shaafi’e madhhab to make it easier for the people (some hanafees do this)
tirmidhee: abu hurayrah: prophet: “prayr has start time and end time….. isha prayer sarts when horizon disappears and ends at midnight.”
horizon disappears when darkness sets in. whn u cant see the horizon no more. hence his proof that isha starts when whiteness disappears.
however majority of hadeeth talk about redness disappearing.
however reco to delay isha to third of night. and he (saw) recommended that. “if not hard in my ummah i wud delay prayer to this time of night”(third of night)
third of night usually when horizon disappears. so this hadeeth actually proves isha comes b4 this period.
nu’maan ibn basheer (companion) “i am the most knowledgeable in regds 2 isha. Th Propht prayed isha when moon set on third night.” moon on third night sets way b4 disappears of whitness of twilight.
maghrib, seting of sun, till disappearance of the redness of twiight.
recommended to hasten to maghrib prayer.
Uqbah Ibn Aamir: prophet: My nation always remain on good, so long as dont delay
maghrib until they star seeing the stars appearing in the sky.
tirmidhee: alcompanions considre it dislike to deay maghrib prayer
Bukhaaree & Muslim: we wud pray maghrib with saw, and leave, then if we shot our arrows we cud see where they landed.
shows saw prayd maghrib in beggining of time.
and sunnah = betwween short and medium recitation. not long recitation.
tho dont mean we pray maghrib immediately after adhaan
Prophet: between every adhaan and iqaama there is 2 rakah
Bukhaaree: Prophet: pray b4 maghrib, pray b4 maghrib, pray b4 maghrib, for whover wants to
Bukhaaree & Musilm: practise of comapnions 2 stand and pray to rakaha and prophet saw them and did not object them to do so.
those who dont do so use the hadeeth (which is unauthentic) “between every adhaan and iqaama there is 2 rakah, except maghrib” weak and contradicts the above 3 authentic hadeeths. so cannot be used as proof
Ishaa’ Time:
hanbali & Shaafi’ee: time for ishaa till fajr
stronger view: up till midnight (half way from maghrib to fajr) due to clear hadeeth: “ishaa is from disappearance of twilight till half the night.”
hanbali & shaafi’e say its till fajr bcz, hadeeth in muslim: “negligence is not when sleeping, only when awake and u dont pray till time for one pray ended and the time for the next prayer started.” so shows all prayer times r connected. bcz one end and next start. though with exception of fajr.
though this not explicit hadeeth. bcz (a) not about prayer times but about negligence. and (b) hadeeth is general (one ends and next starts), doesn’t mention fajr as exception, so we know it dont mean all 5 salah. and if fajr can be an exception then we say isha can also be an exception.
so isha ends midnight (half way between start of maghrib and start of fajr. so if maghrib starts at 6 and fajr starts at 4, then midnight = 11.
some say time for isha till second fajr
first fajr (false fajr): white vertical white light – not connected to the horizon, then it disappears and goes to darkness again.
second fajr (true fajr): white horizontal light across horizon.
and delaying isha til third of night past is better if easier for the ppl
but if not easier (eg in extreme summer months) then not better
Bukharee & Muslim: Abu Barzah: Prophet: “It is recommend delaying ishaa.”
Bukharee & Muslim: Aaishah: “We wud pray isha when between shadow disappear and third of night. if we the prophet saw ppl coming quickly he would pray earlier, if people delyed coming the he would delay praying till later. once he delayed ishaa till large portion passed, ‘Umar said, “O Prophet, the women & children gone to sleep.” Prophet aid, “this is best time for isha were it not difficult for my nation.” i.e, at the last third of the night.
BM, if not dfclton my nation i wid delay the prayer (till hird of night)
if masjid pray at early time, still better to pray with masjid rather than miss jamaa’ah and pray at last third of night. aways better topray in masjid, bcz rewar congregation rewards, which overides the recomendation to delay it to the third of the night.
however don;t delay if your going to miss fajrprayer.
so isha from disapearance till midnight
Sleeping before ishaa:
BM/abu barzah: prophet, recomend delaying ishaa and dislike sleeping b4 ad speaking after it.
bcz if u fall sle b4 ishaa u may not wake up. and speking after it not good bcz u may delay sleep and hence sleep through fajr. but allow 2 speak in mattre sof benefit, or for reason. eg guests, family. however idle useless chit chat is not good. rophet would discuss issues wih abu bakr and with companions that concern his ummah (bcz point of benefit). ibn abbas sleep in maymoonah to see prophets night prayer, “when he came back from ishaa he wud talk to fmaily for while, then go to sleep. but saw disliked unnecesary talk after isha with useless vain talk. not sin. someof the slaf said u can sleep b4 isha prayer long as u know that someone will wake u up for salaah. proof, when ‘Umar said “women and children have gone to slee” and the prophet nevr said its wrong on their prt. which shows its ok.
Saheem muslim: jabair: prophet: “Whoevr fears he wil not wake at night for tahajjaud shud pray witr now, but if u can wake up then pray witr then bcz witnessed (by angel) and it is best.” So with witr if we can pray at night but if we cant wake up then we pray now.
You can pry tahajjud any time during the night but best to delay it till the lst third of the night.
Its recommended to pray eight rakahs at night (tahajjud), but u can pray more or less. anything which he practisd during his lifetime cn only ever b a recomendation (at max) bcz his role is to clerly convery the message and this can only be done by expicitly saying such and such is compulsory. His actions alone do not clearly convey this message. So its permisible to pray more or less. Many sahaabahs prayed 6, some prayed 36, some 23.
Fajr Time:
by ijmaa fajr starts at appearance at dawn, ijmaa ends at sinrise.
difference on recmended to quicken prying the fajr. So its best to pray at its earliest time. View of Malik, Shaai’ee and Ahmad as well as Abu Haneefahs two students (Abu Yoosuf and Muhammad Ash-Shaybaanee).
abu hanifah says better to delay it, when it becomes white/light. hece y they pray quite late
many hadeeths show
BM, he prayed fajr at galaq. galaq = begining of dawn.
BM, when he finhed prayer, ppl just began to recognise ppl nxt to them (so stil dark)
Aishah women come for fajr, and leave but still not recognise one another
in ramadhan shabahh say we finish suhoor with prophet then prayed fajr, anas asked, how long gap betwween suhur and fraj, enuf to recite 50 verses of quraan (so notlong time – again shows hey were praying eary)
so shows they were praying early
abu hanefahs proof: Abu Dawood: Prophet: make isfaar of fajr, bcz u get much more reward
asfara = when light, another explanation: to be sure fajr has started. so 2 explanations of the word asfaar. majority say means 2. bu haneefah says it means 1 (make sure it gets light).
majority say: ok even if we take 1 then stildont prove abu haneefah opinion, bcz recitation of fajr long, so recite long till get light, as that way we get more rerds as recitation long. so make prayer so long that u end it when light. so either expl 1 and 2 make reconcile meaning. 1: mak in drkness and 1ex = make when light so contradiction.
beter t pray early after having made sure fajr has started
—
During time of uthman practise to delay fajr til became ight
Ibn Maajah: Mugheeth Ibn Summi’: I prayed fajr with abdullaah ibn zubayr and at te time it was dark )begining of fajr) found it strnage, new to me. agfter salam went to ibn umar and ased him whats this prayer? h replied this is the rpayer we used 2 pray wth msseneger of Alaah (at his time) and how we prayed at time of abu bkr and umar ten after uar stabbed we prayed at light bcz fera of that happen again. so whe this hapend utham delayed fjr tilll near light for fear.(however as ibn umar said prophet prayed at early time)
So during time of uthman many jamaa’ahs delayed till near light, bcz of stabbing of umar and fear of that happening again.
Q&A:
Q 1) Which of the Salaf were of the view that maghrib ends at the disappearance of the redness in the sky?
Q 2) What are some proofs that its recommended to hasten the maghrib prayer?
Q 3) What’s the proof for those who say there are no two rakahs to be prayed between the adhaan and iqaamah of maghrib?
Q 4) When does the time for ishaa end?
Q 5) According to Imaam Ahmad & Ash-Shaafi’ee ishaa ends at Fajr and they use the hadeeth, “Negligence is not when sleeping, negligence is only when awake and you dont pray till the time for one pray ended and the time for the next prayer started.” So this shows that all prayer times are connected. because one ends and the the next starts. How do you, yes you refute this?
Q 6) What’s the difference between the false Fajr and the real Fajr?
Q 7) When is the best time to pray Ishaa?
Q 8) Why is it not recommended to speak after ishaa and sleep before it?
Q 9) The Prophet (saw) used to make isfaar of Fajr, saying it earns you rewards (Abu Daawood). What does making isfaar mean?
Q 10) Why did ‘Uthmaan have the practise of delaying Fajr till it was light?
ANSWERS:
1) Maalik, Ash-Shaafi’ee Ahmad, as well as Abu Haneefah’s two students (Abu Yoosuf and Muhammad Ash-Shaybaanee). And from the companions: Ibn ‘Umar, Ibn ‘Abbaas, Abu Hurayrah and many others. COntrary to Abu Haneefah who says the shaqaq (twilight) is the disappearance of the whiteness (the sky goes from red, to white, to black)
2) Uqbah Ibn Aamir: Prophet: “My nation will always remain on good, so long as dont delay maghrib until the stars start appearing in the sky. ALSO; Tirmidhee: All companions considered it dislike to delay the maghrib prayer. ALSO; Bukhaaree & Muslim: “We wud pray maghrib with the Prophet then leave, and if we shot our arrows we could see where they landed.” As well as the general hadeeths/Quranic ayahs about hastening to good deeds.
3) “Between every adhaan and iqaama there is 2 rakahs, except maghrib.” However this is unauthentic and also contradicts the authentic sayings of the Prophet as well as the action of the companions. The saheeh hadeth says, “Between every adhaan and iqaama there is 2 rakahs.” ALSO; Bukhaaree: Prophet: Pray before maghrib, pray before maghrib, pray before maghrib, for whoever wants to. ALSO; Bukhaaree & Muslim: It was the practise of the comapnions to stand and pray two rakahs and the prophet saw them and did not object them to do so.
4) Ishaa ends at midnight (half way between the start of maghrib and the start of fajr). Imaam Ahmad & Ash-Shaafi’ee say otherwise. Though it ends at midnight due to a clear hadeeth: “Ishaa’ is from disappearance of twilight till half the night.”
5) Firstly this narration is taking about negligence no prayer times, and secondly just as Fajr is an exception to this rule (of salaah ending at the start of the next) without being explicitly mentioned in this narration then so can ishaa be an exception (due to the hadeeth quoted in answer 4 above).
6) False Fajr (false fajr): white vertical white light, not connected to the horizon, then it disappears and goes to darkness again. Second Fajr (True Fajr): white horizontal light across horizon.
7) After a third of the night has passed. Bukhaaree & Muslim: Prophet: “Were it not difficult on my nation I would delay the prayer til this time.” (Referring to the last third of the night).
8) Because sleeping before ishaa can cause you to miss praying ishaa, and speaking after it can cause you to sleep less and hence miss Fajr. non idle talk is permissible as the prophet used to talk to Abu Bakr after Ishaa, as well as with his companions about issues to do with the Ummah. And Ibn Abbaas reported that he (saw) used to speak to his wife (Maymoonah) before going to sleep. So its only the idle unnecessary talk which has no benefit which should be avoided (even though that happens a lot with ones wife! lol)
9) Asfara has two meanings, (1) To pray when it is light or (2) to pray when you are sure Fajr has actually started. Abu Haneefah says it means explanation 1, and the majority say it means explanation 2. Imaam Maalik, Shaafi’ee, Ahmad, as well as the two students of Abu Hanefah (Abu Yoosud and Muhammad Ash-Shaybaanee) go with the second explanation and hence say its best to pray fajr at the start of its time, Abu haneefah goes with the first explanation and hence says its best to pray Fajr when its quite light. Even if we go with the first explanation then we reconcile this meaning with other narrations (which show he (saw) prayed early) by saying start early and prolong the prayer till light.
10) Because of the stabbing of ‘Umar when it was dark and fear of that happening again
Click here to listen to the audio.
Virtues Of Adhaan:
– Satan runs away passing wind (to avoid hearing the call) when the adhaan and iqaamah is called. [Saheeh Musim]
– The prophet (saw) didn’t use to attack a city of he heard the adhaan being called from it.
– Regarding the verse,”Who is better in speech than one who calls to Allah, works righteousness, and says: Indeed I am of those who submit in Islam.” [Surah Fussilat: 33], ‘Aa’ishah (ra) said this is in reference to the adhaan.
– If you knew the reward of the calling the adhaan and standing in the first row (for salaah), ad they could find no way of coming to it except by drawing lots, they would do so. [Bukhari]
– The mu’aththins will have long necks on the day of judgement..
– The jinn, men, and everything that hears the mu’aththin call the adhaan, will testify for the mu’aththin on the day of judgement.
Who Is Better? The Mu’aththin Or The Imaam?
– According to Imaam Ahmad & Imaam Ash-Shaafi’ee the Mu’aththin is better. As it is eluded to in the Quraan (‘Aa’ishah’s tafseer above).
History Of Adhaan / How It Was Legislated.
‘Adbullaah Ibn Zayd’s dream.
Ruling On The Adhaan
– It is fard kifaayah upon the men of a community
– The Shaafi’ees and Hanafees say it is recomended.
– They argue by saying (a) it was not legislatd the same way as normal obligations are legislated and (b) when the prophet taught the man who prayed badly how to pray, he (saw) never told him to give the adhaan and iqaamah.
– The Malikees and Hanbalees respond to this^ by saying that there are many commands for the adhaan and a command shows an obligation. Also the man who prayed badly was about the prayer of an individual not a congregation.
Women Calling The Adhaan:
– All four madhdhabs agree that women cannot call the adhaan (in the presence of men)
– There is a difference of opinion if there are no men around who can hear her. (16:00)
– Proof, when in salaah and the Imaam makes a mistake, the men say tasbeeh and the women clap.
– A minority view say that they can give the adhaan/iqaamah when no men near
– Proof for this^ = (a) the hadeeths on the virtue of adhaan are general (not specifically for men), and (b) Ibn ‘Umar was asked whether women can give the adhaan and he replied saying, “How can I prevent the dhikr of Allaah?”
Adhaan & Iqaamah While Travelling:
– The adhaan / iqaamah are to be given whether travelling or resident, as the prophet instructed a companion to give the adhaan/iqaamah when they pray (and they were going on a journey)
– For those praying alone: its recommended not obligatory to do adhaan and iqaamah
If people leave it then they are to be fought (by the orders of the ameer), as it is on of the symbols of Islaam.
– Hence why the prophet (saw) used to not attack a town if he heard the adhaan being called from it.
SALARY:
– It is impermissible for a mu’aththin to stipulate a salary for giving the adhaan/iqaama.
– Usman Bin ??? asked th prophet about appointing someone o be the Imaam for his people, so the Prophet (saw) said he was the Imaam and he should take the weakest of them into consideration when leading and said they should choose an mu’aththin who does not ask a wage for giving the adhaan.
– It is haram to take a wage for giving the adhaan s it is an act of worship, done for Allaah’s sake not for the sake of a salary.
– So it is haraam to stipulate a wage but it is ok for those in authority to pay him for his service.
– This is paid out of the bait al-maal.
– This is halaal as the authority are giving it, and he is not stipulating it.
So we are paying him for his role not for the act of worship (same about pying Imaam of masjid).
– However it is better to have a mu’aththin who does not ask payment for calling the adhaan.
CHARACTERISTIC OF MU’ATHTHIN:
(1) non money stipulater
(2) Loud voice – so he can reach a wider audience
(3) Having a nice voice. The Prophet (saw) heard a group of sahaabah giving the adhaan an he liked the voice of Abu Mahdoorah, so he (saw) asked him to give the adhaan because of his nice voice.
(4) No singing. Though this^ does not mean we sing the adhaan All four Imaams agree singing the adhaan is haraam.
(5) Pronouncing the words correctly. The best is he who has a loud, nice voice and pronounces the words correctly, if not, then second in line is a person who pronounces the words correctly without changing the meaning of the words. A person said “I love you for the sake of Allaah,” to Ibn ‘Umar, so he responded, “I hate you for the sake of Allaah, because you prolong the vowels in adhaan.”
Also ‘Umar Ibn ‘Abdil-‘Azeez usd to tell the mu’aththins, “give a gentle/normal adhaan or stay away from us.”
(6) He must be trustworthy. Because (a) back in those days the mu’aththin used to stand high and he could see into the houses. So he needs to be trustworthy that he won’t look into other people’s houses/private areas. Also because (b) we need to trust that he knows when the adhaan comes in such that he gives adhaan at its appropriate time (not before). So he must know the time of the salaah himself or be informed of it by others.
=============================
TEST YOUR KNOWLEDGE:
Q1) Complete the hadeeth about the virtue of giving the adhaan, “If you knew the reward of the calling the adhaan and standing in the first row (for salaah)…”
Q2) What did ‘Aa’ishah say regarding the verse,”Who is better in speech than one who calls to Allaah, works righteousness, and says: Indeed I am of those who submit in Islam.” [Surah Fussilat: 33]
Q3) Who is better, the Imaam or the MU’aththin? What’s your proof?
Q4) What is the stronger opinion on the ruling on a community giving the adhaan? Is it recommended (as the Hanafees And Shaafi’ees say) or fard kifaayah (as the maalikees and Hanbalees say)?
Q5) What’s the proof for the ‘weaker’ opinion to this answer^ and how do you refute it?
Q6) Is it recommended or obligatory to give adhaan when alone. Give proof.
Q7) Before attacking a town the prophet used to wait to see if the adhaan was called. What does this show about the importance of adhaan?
Q8) What’s the ruling of giving money to a mu’aththin?
Q9) Which of the four imams said its haraam to sing the adhaan?
Q10) What are the two reasons a mu’aththin needs to be trustworthy?
ANSWERS:
A1) “…and they could find no way of coming to it except by drawing lots, they would do so. [Bukhari]”
A7) That its a symbol from the symbols of islam.
A8) He cannot stipulate it, but those in authority can give it him.
A9) All four.
A10) look in houses, knows times for salah, dont call before
Notes from fiqh class taught by Shaykh Abu Rumaysah.
Class held on 28/12/33 AKA 13/11/12.
Its Validity
Tayammum is using the earth or the dust of earth to purify oneself with. It is legislated by ijmaa’a (concensus).
The validity of tayammum is agreed upon by all scholars except by ‘Umar Ibn Al-Khattaab and Ibn Mas’ood, thought the scholar said that they later retracted and said it is permissible.
The proof for the validity of tayammum is in the Words of Allaah, ” if you are ill or on a journey or any of you comes from answering the call of nature, or you have been in contact with women (i.e. sexual intercourse) and you find no water, then perform Tayammum with clean earth…” [Quraan 5:6]
So tayammum is legisated when a person cannot find water (Conditions to be elaboratd further below).
Tayammum: A Blessing To This Nation
Tayammum is from those things which are specificaly for this nation, and were not for those who were before us.
The Prophet (saw) said “I have been given five things which were not given to any amongst the Prophets before me. These are: (1) Allah made me victorious by awe (by His frightening my enemies) for a distance of one month’s journey. (2) The earth has been made for me (and for my followers) a place for praying and a thing to perform Tayammum. Therefore my followers can pray wherever the time of a prayer is due. (3) The booty has been made Halal (lawful) for me (and was not made so for anyone else). (4) Every Prophet used to be sent to his nation exclusively but I have been sent to all mankind. (5) I have been given the right of intercession (on the Day of Resurrection).
The option of doing tayammum is from the mercy of Allaah to the creation, and was legislated in 6 AH.
Tayammum Is Only Legislated When There Is No Water
The author mentions, “It is something which relaces purification by water.”
Meaning, you can only do tayammum when you cannot find water. It is a replacement for wudhu and ghusl.
This based on the aayah (quoted abbove) where Allaah says, “… and you find no water, then perform Tayammum with clean earth…” [Quraan 5:6]
So if water is present then you cannot do tayammum.
If, however, you find no water, do tayammum, then later on find water, your tayammum is invalid and you have to do the wudhu/ghsl again.
The permissibility is only when water is not there, for the period that thre is no water. But when you find water, then your tayammum becomes invalid. The proof for this point is the following narration:
Imraan Ibn Husain narrated that he was on a journey and a man bece junoob (impure) so the man didn’t pray because he couldn’t find any water to do ghusl with, so the Prophet (saw) saw him not praying with th jamaa’ah so he asked him regaring this and told him, “The earth would suffice for u, so perform tayammum and pray.” When water came some time later the Prophet called for him and said, “Take this and pour it over urslf.” [Ahmad & Aboo Dawood]
Here, as soon as water came, the Prophet (saw) ordered the man to do ghusl with the water. So this shows us that tayammum is not valid when water becomes available and hence the ghusl must be perofmed with water.
Also the Prophet (saw) said, “Clean earth is the wudhoo’ of a Muslim, even if he cannot find water for 10 years, if he finds water ……. and use it to wash.” [Narrated in Al-Bazzaar]
What To Use For Tayammum
This is agreed upon by all scholars, though they differed about what is valid to use.
Some scholars (namely; the Shaafi’ees & Hanbalis) say that only earth/mud can be used for tayammum.
The Hanafi & Maaliki scholars say anything on the earth or that which rises from the earth (such as a wall) can be used.
The stronger opinion is the Hanafi and Maaliki position for two main reasons:
1) It is established that the Prophet (saw) done tayammum on a wall.
2) And in soorah 5,verse 6, the word “sa’eed” means anything on the surface of the earth.
So anything clean and pure on the face of earth ca be used, like earth or dust.
Does Tayammum Remove Impurity?
The scholars differ about whether the actual impurity is removed (like wudhoo’ nd ghusl do). So does it get you in state of tahaarah or is it something that just makes acts permisble for you that u need tahaarah for? The scholars differed on this.
The view of the minority: Tayammum is like wudhoo’ and ghusl, such that it gets you in state of tahaarah.
The view of the majority (also the view of the Maaliki, Hannbali & Shaafi’ee): Tayammum doesn’t get you in the state of tahaarah. It just makes acts permissible for you until you find water. So its a bit like a concession.
Both views allow you to to do the same things: i.e, touch quraan/pray etc.
The practicle differnce between these two views: According to the first view, tayammum just makes acts permissible, so you have to do tayammum for each act which requires wudhoo’, it is a concession for certain acts, and it doesn’t lift the state of tahaarah. According to the first view (i.e, those who say it lifts the state of janaabah off of you) say one tayammum is enough for a variety of act which require qudhoo’. The stronger view is the Hanafi view whih says that it makes you in state of tahaarah.
The proof for this is found in the words of th Prophet (saw) where he said, “Clean earth is the wudhoo’ of a Muslim…”(arrated by Al-Bazzaar). So here the Prophet (saw) compared it to wudhoo’.
Also in the hadeeth about the five thngs which are specific for this ummah, he (saw) said, “The earth has been made for me (and for my followers) a place for praying and a thing to perform Tayammum.”
Here the Prophet (saw) said the earth was a means of aking oneself tuhoor (i.e, to purify oneself with).
The second difference: According to the Hanbali madhhab, tayammum is to b done for each act: And there are two conditions for this: (1) The time for salah has entered (however the stronger veiw is that the time dosn’t mtter), (2) and there is no water.
Tayammum Being Legislated Even When Water Is Present
There are some exceptions to this rule (of there being no water presnet).
You can do tayammum when water is there in the following exceptions:
1) When you don’t have water but you can buy it, however it is too expensive. The Hanabli’s say in this situation ur like 1who has no waer, dfctly, so ur like 1 who ha sno water o tymm ok, other scholrs say no if u can buy it do it, bcz allaah says if u dont FIND water, left it unrestriced, no conditions.many schlrs ay sfer view trnger view if u can aford it buy it and no tymm.
or price u cant afford, do tymm
or fears if use water cause harm 2 body, or sek it harm 2 himself.
so if ill, ilned wud increase/worse, then alwed 2 use earth, or water freezing, not cold, but freezing and cannot hea it can do tymm,
amr bin aas done tymm in fzng water here, done ghsl but with tymmm lead prayer for rest companions when came 2 saw saw” askd y did this, amr as uotd ayah ‘anddont kill urslves alah i mercfl 2 u. saw smiling . ie aproved o his action
soif freezng cold can delay wudho and do tymm.
and tymm man can ead a wudo man.
or fera seeks it out (long distance) cud harm him even more
or harm 2his trvlng companion (PROOF???)
eg smal amount of water, if use4 hmslf othr pl no drink, so kep water for drink and do tymm
in thee situations tymm legislated
next week: how to do tayammum
if individual safe water for drink cooking and do tymm.
tymm valid for 10 yrs, not literaly, even trl ok, but stressing fac that no tim limit, so long as thres no water tymm ok, or even enuf for drnkning.
use cean ust or clean earth. uncover bit of ground.
if dflt 2 go to watr even if there, tymm cn be done,
dust on seats; ok? hs 2 b dust comeout of ground. leather? got to b dust or earth. cant us clean abl, anythng of rth
Notes from fiqh class taught by Shaykh Abu Rumaysah.
Class held on 21/12/33 AKA 06/11/12.
Topics in this post: (1) The Manner of performing ghusl. (2) The Minimum Requirement For A Valid Ghusl. (3) Combining Two Intentions In One Ghusl.
There are a number of hadeeths which explain the manner of the Prophet’s ghusl,of which there are two main hadeeths (to be now mentioned):
Hadeeth One) ‘Aa’ishah said, “When he Prophet (saw) done ghusl from janaabah, he would start by washing his hands, then pouring water with his left hand over his private and washing his private part also with his left hand, then he would do wudhoo, then take water in his hand and pour over his head rubbing into the roots of his hair with his fingers, then pouring three handfuls of water over his head and the rest of his body. Then he would end by washing his feet.” [Recorded in Bukharee and Muslim]
Hadeeth Two) Maimoonah said that the Prophet (saw) would pour water over his private parts and wash them with his left hand, then he would wipe his hands on clean earth (another narration mentions the wall), then he would move to another place and wash his feet. She then says, “I brought a towel to him to dry himself with but he rejected it and shook of the water with his hands.” [Recorded in Muslim?]
Sunnah to not use towel???
So both the narrations are similar except that the second narration speaks about him moving away to another place before washing his feet, while the first narration implies that he would not move away to another place before washing his feet.
The author mentions the general description of the ghusl of the Prophet (saw) by stating, “And the best method of ghusl is to first have the niyyah for the ghusl…”
Commentary: This is in the heart not articulated on the tongue. This is because articulating the niyyah was not reported from the prophet (saw) nor the sahaabah, nor the salaf that they articulated the niyyah. There is no such narration for the articulation of the niyyah. (Is there a difference of opinion if this was the opinion of Imaam Ash-Shaafi’ee?). See this post for the proofs on this point.
The author then says, “… then to say the tasmiyyah…”
Commentary: The tasmiyyah is saying “bismillaah” (Ar-Rahmaan Ar-Raheem as well?). According to the Hanbalees it is obligatory to say the tasmiyyah, and they make qiyaas (analogy) from wudhoo’ as according to them, saying the tasmiyyah for wudhoo’ is obligatory (and this is the stronger opinion – that tasmiyyah for wudhoo’ is obligatory). They say if its obligatory in wudhoo’ then it is more so in ghusl. Ibn ‘Uthaymeen, however argues otherwise, and says it is only recommended as there is no specific/clear narration saying the Prophet (saw) said the tasmiyyah for ghusl, and this is the stronger opinion.
The author then says, “… then to wash your hands three times…”
Commentary: The sunnah is to wash it three times, though once is sufficient. As is reported in the narration of ‘Aa’ishah, that the Prophet (saw) used to wash his hands, then wash his private parts with his left hand, thereafter he used to rub his hands (both or just left hand?) on clean earth, and in another narration on the wall. The scholars have stated that the purpose of this act was to rid his hands of any filth that may have been on it, and due to the lack of water he used to rub his hands on the wall/clean earth. So the scholars say this act is only done when there is not sufficient water, otherwise this can be done with water.
The author then says, “… then you performs wudhoo’…”
Commentary: This is the same as he (saw) would to for prayer.
The author then says, “… then you pour water over your head three times making sure the water reaches the roots…”
Commentary: This is as ‘Aa’ishah said the Prophet (saw) used to rub his wet hands in the roots of his hair before doing this. This is so it is easier for the water to go into the hair. A narration in Bukhaaree and Muslim says that when he used to pour water over his head three times he (saw) would pour water over his right side first, then the left side, and then over his head. This is also a good way and both ways are permissible.
The author then says, “… then pour water over the rest of your body three times…”
Commentary: The Hanbalees and most of the scholars say you pour water over your body three times, however there is no mention of it being three times in these narrations, so once is enough for the rest of the body. It is good to rub down your body with your hands so the water reaches everywhere.
The author then says, “… and starts with his right side (??? for what) and then wash your feet in another place.”
Commentary: This is the way the Hanbalee madhhab prefer. The narration of ‘Aa’ishah (hadeeth 1) hints that he (saw) used to wash his feet in the same place, but the hadeeth of Maimoonah (hadeeth 2) explicitly states it was in another place. Imaam Maalik says that if the place where you are doing ghusl has become muddy or dirty then its best to go to another place to wash your feet, but if not, then wash your feet in the same place where you are. So if you’re in the shower, its fine to stay in the same place and wash your feet there. Job done!
Random issues:
1) You start with washing your private parts thoroughly if there is najasah (impurity) there. This is contrary to the ghusl done for jumu’ah salaah, where you are not washing off any najasah from your body.
2) You wash your feet once, not thrice.
3) Water must reach everywhere, however, there is no specific narration about washing in your belly button.
4) The wudhoo’ done in ghusl is the same as the normal wudhoo’ except that you dey washing your feet till the end.
5) If you’re bath tub is in the same ‘room’ as your toilet, as is the norm here in the west, then you do not say the tasmiyyah (bismillaah), as you are in/near a place of filth (the toilet). Some scholars say you say it quietly within yourself, not loudly. (Do some scholars say that the toilets nowadays are not as the toilets in the Prophet’s days, as these toilets are ‘clean’ areas compared to the toilets of the past, which were surrounded by and full of filth?)
6) Umm Salamah asked the Messenger (saw) about braids, and he (saw) replied that it is sufficient to just pour water over your hair and not undo the braids. (Bukhaaree and Muslim). Braids and ponytail are two different things. This is the only difference between the ghusl of a male and a female. The Prophet (saw) also had braids.
7) As for washing yourself with soap and shampoo you do that at the end, just before you wash your feet.
8) During ghusl if you do something which breaks your wudhoo’ (e.g, breaking wind, or touching your private parts with desire) then your ghusl is valid but your wudhoo’ is invalid. So just carry on doing what you’re doing (ghusl that is! lol) and you’re fine. Just remember to do wudhoo’ if you want to pray or do any other act which requires wudhoo’.
9) There is a difference of opinion on this^ point. Though you can also do wudhoo’ there within the ghusl again, and then carry on your ghusl.
10) If you want to sleep before doing ghusl, then the sunnah is to at least do istinjaa and wudhoo’. So now when you wake up and have to do ghusl, you need not to wash your private parts as done when there is najasah (impurity) on there, as that has already been done.
The Minimum Requirement For A Valid Ghusl
The author mentions the minimum needed to be done for a valid ghusl as, “(1) He has the niyyah and says the tasmiyyah (though as stated above this is not obligatory), (2) then to wash your whole body once, (3) (and in the Hanbalee madhhab) to do madmadah (rinsing of the mouth) and istinshaaq (sniffing water up the nose).”
There is a narration in Saheeh Muslim where it mentions that the Prophet (saw) done madmadah and istinshaaq during the course of ghusl. But if you’re going to do wudhoo’ inside the ghusl then the madmadah and istinshaaq are done within the wudhoo’ anyway. To do mamadah and istinshaaq is obligatory for a valid ghusl, and the arguments are the same as for it being obligatory for wudhoo’. E.g, It is obligatory to wash the face; and the mouth and nose are a part of the face, hence they are obligatory to wash. And Ibn ‘Uthayeen says this is the correct view.
Doing ghusl takes one out of the state of janaabah (impurity) and takes one into the state of tahaarah (purity). Even if you do not do wudhoo’ while doing ghusl (i.e, you just get your whole body wet as the basic minimum) then you are in the state of tahaarah and hence can pray etc. So it is not necessary to do wudhoo’ after this ‘minimum ghusl’. So if you shower and water reaches your whole body, and you do madmadah and istishaaq, then you are in a state of tahaarah and can pray, touch the mushaf, etc. (Though its recommended to do the wudhoo’ again?)
The best way is as described in the two hadeeths quoted above (of ‘Aa’ishah and Maimoonah) however the minimum is this (above); meaning, the whole body becoming wet.
For a valid ghusl there must be a reason behind it, like on friday, on ‘eid, after a jaw dropping wet dream, etc. If there is no valid sharee’ah reason for ghusl then the ghusl is not valid. It has its prerequisites and if these prerequisites are not there then it is just like another shower/bath. And if the ghusl is invalid then so too is the wuhdoo’. So in such a case, you are not in the state of tahaarah. So if there is no reason for the ghusl then it is just like a normal everyday wash and you are not in the state of tahaarah (purity). But if you do wudhoo’ within this ‘non-sharee’ah-reason’ ghusl, then you are in the state of tahaarah. Hopefully this makes sense. lol
The Proof For What Is Minimally Required In Ghusl.
There are two proofs for this:
1) The proof that this method is the minimum requirement is in the words of Allaah, “… if you are in the state of janabah (major sexual impurity) purify yourselves…” [5:6]. Here, Allaah left it unqualified, unlike in wudhoo’ where Allaah described the acts needed to be done. So as long as you purify your whole body then that is fine.
2) The Prophet (saw) told Imraan Bin Husayn, when he was in the state of janaabah (imurity), to “take water and pour it over yourself.” If more than this was obligatory, then he (saw) would have told him, so we know that the minimum is just for the water to reach all over your body.
Combining Two Intentions In One Ghusl
The author mentions, “If he intends more than one niyyah for one ghusl then that is fine.”
Commentary: So you can combine more than one niyyah for just the one ghusl. So you can combine the ghusl for jumu’ah salaah with the ghusl required after a jaw-dropping wet dream. It is sufficient to do one ghusl for both reasons. This is the view of the majority of scholars (and all four madhhabs say this?), however some independent scholars say otherwise (e.g, Al-Albaanee, and Imaam Muqbil). They argue by saying that each is an act of worship and each requires its own ghusl. Though there is no real evidence for this, as if you do ghusl just the once, it has fulfilled the purpose for all the reasons, i.e, cleanliness, so there is no point in doing another ghusl.
Also the Sharee’ah is full of issues in which there is the combination of intentions for just one deed. E.g, when entering the masjid you can combine the tahiyatul-masjid, with the two rak’ah for wudhoo’ with the sunnah of that salaah. Here all three intentions are combined in one salaah. There are only a few exceptions to this rule (examples of such are ???).
Random Issues
1) If you are junoob (impure) and you dive in a swimming pool and do madmadah and istinshaaq, then you have lifted the state of janaabah off of you.
2) The amount of water the Prophet (saw) used for wudhoo’ was a mudd (what one can hold in his two hands put together).
3) The amount of water the Prophet (saw) used for ghusl was a saa’a (4 mudds).
4) It is not haraam to use more than this^ however it is better not to waste water. The Prophet (saw) said, “Do not waste water while doing wudhoo’ even if you are near a sea.” [Narrated in ???]
Next week: Tayammum
Notes from class held on 14/12/1433 AKA: 30/10/2012.
The reason for its legislation: ‘Aa’ishah said that the companions were poor and wouldn’t have frequent baths, maybe 1 or 2 times a week. During jumu’ah salaah they used to get sweaty/smelly. As the get-together in jumuah it got hot and the smell of sweat used to disturb those around them, so the Prophet (saw) said, “Perform ghusl for jumu’ah.” (Bukhaaree)
The minority from the scholars and the salaf, among whom Ibn ‘Umar and Aboo Hurayrah say that is is obligatory (waajib) for jumu’ah.
The majority, the four madhhabs, the later imams, all say it is recommended for jumu’ah.
Khatteeb Al-Baghdaaee says that everyone says that if you don’t do ghusl for jumu’ah, your salaah is still valid, and there is a consensus on this.
Those who say it is obligatory say that there is a hadeeth in Bukhaaree and Muslim where the Prophet (saw) said, “Ghusl for jumu’ah is waajib on every mature person.” Also he (saw) said, “When on of you comes to jumu’ah, he must do ghusl.” And this is a command, and a command implies an obligation.
There are other evidences these scholars use,but these two are clear evidences and are their strongest arguments (to say it is obligatory).
The majority reply to the first narration by saying that the term waajib today means obligatory, but it was not ever used in this sense by the Prophet (saw). By the term ‘waajib’, he (saw) meant highly stressed. As the level of stress could be obligatory or strongly recommended, so we need to investigate what level this was stressed. Linguistically speaking, waajib means strongly recommended. It was only a later development that it became used for obligatory. It was not used like this by the Prophet (saw).
Also there are lots of hadeeths to show that ghusl is not obligatory.
Hadeeth 1) The Prophet (saw) said, “Whoever does wudhoo on jumu’ah, then it is sufficient and he has done well/good. And whoever does ghusl, then ghusl is better.” (Recorded in Aboo Daawood, Tirmidhee, Ibn Maajah, and others. It is a hasan hadeeth though there is lots of discussion as to its authenticity).
So if ghusl was obligatory, then how can wudhoo be sufficient and how can the person have done something well?! The Prophet (saw) would never was something is good and well especially if it is a sin.
So this clearly shows us that ghusl is not obligatory, as the Prophet (saw) told us that wudhoo’ is sufficient and the person has done well.
Hadeeth 2) The Prophet (saw) said, “Whoever does wudhoo’ and does it well, goes to the jumu’ah and listens and remains silent, then all sins between this jumu’ah and the next are forgiven, plus three days.” (Recorded in Saheeh Muslim)
Here, the Prophet (saw) spoke about wudhoo’, not ghusl, to get the rewards, so wudhoo’ is sufficient for the jumu’ah salaah.
The majority and the four schools of thought say it is recommended.
It is, however, better to do ghusl, and it is not recommended not to do it.
The companions understood that the hadeeth of it being ‘waajib’ was not a command, they understood the way he (saw) spoke.
So there are two views: it being obligatory, and it being recommended, and both have refutations and counter refutations.
The best view, however is just to do ghusl, to stay on the safe side, and because it is better.
Ibn Taymiyyah and Ibn Al-Qayyim have a third view on this matter, (which makes sense), and this is also a view from Imaam Ahmad (though not his official opinion). And that is, if the person is smelly/grimy, then ghusl is obligatory upon him, but if not then it is recommended. This opinion takes into account both sets of hadeeth, as well as the reason for it being legislated.
The ghusl is for the jumu’ah salah, not the day. So you cannot do the ghusl after salatul jumuah. Also those not attending the salaah do not do ghusl.
If ghusl is done closer to the time of jumuah then that is good. It is done after the fajr of friday, and not from the maghrib the night before (though there is a difference of opinion on this). This is unlike reading soorah kahf, which you can read from the maghrib of the night before (in English, thursday night’s maghrib). If you break wudhoo’ after doing ghusl, then you don’t need to redo your ghusl, just redo your wudhoo’.
A narration speaks of doing ghusl at least once a week, this narration speaks of it being a recommendation, not obligation. (Proof to say recommended?)
Notes from class held on 15/12/1433 AKA: 31/10/2012.
The author mentions, “Nothing will happen/be except what He wills.” (Point #8)
This affirms the issue of Qadr (the predecree of Allaah).
Nothing happens in creation except after Allaah’s leave, and nothing can happen which Allaah does not want/will to happen.
From the many aayaat that prove this point are: “O mankind, you will not wil except as Allaah wills, He is our Maula (Protector, Lord, Helper).” [9:51] Amongst others.
However a question can be posed, we see around us kufr, shirk, the Prophet (saw) being insulted, deciet and all or sins, so if nothing happens excet that which Allaah wills, then are we saying that Allaah esires all this?
The answer is yes, but what does this yes mean? Before we can answer this question we need to look into the Quraan and Sunnah. And therein we see that Allaah’s will/want (iraadah) is of two categories (as explained by the scholars):
1) Universal Will (Iraadah Kawniyyah)
2) Sharee’ah Will (Iraadah Shariyyah)
Definitions:
1) Universal Will (Iraadah Kawniyyah): This is what Allaah has set in place that will just happen. Like the universal laws of nature and gravity etc. Eg. if you jump off a cliff you will fall down. All things in this category will happen. These are the laws Allaah has set in place, even though Alaah does not necessarily love them, but they ar there for a wisdom. So every ‘bad’ thing has its wisdom behind it, as Allaah does not creat without reason, there is alway s a wisdom behind His creation. Anything ‘bad’ in creation always has a good side to it. Nothing happens in creation which is pure evil, as there is always another aspect of good in it, whether w see it or not. See the example of Shaytaa beow.
2) Sharee’ah Will (Iraadah Shariyyah): These are the things whih Allaah loves and enjoins on people. E.g, praying five times a day, Allaah loves this, and wants/wills this or us. Allaah commands people with this but not everyone does this. Its the will tht Allaah loves for us but we have the choice to do it or not. This is miny linked to deen, these are the things Allaah wants us to prctise though we ar not forced into it; we have ben givn a choice whether to do it or not. So this will (iraadah) will not neessarily happen.
Differences:
1) Universal Will (Iraadah Kawniyyah): This is something that Allaah may or may not love. Though such things will occur. These are thing that Allaah does no necesariy love. He may ove them or He may not, but He has decreed them for a wisdom.
2) Sharee’ah Will (Iraadah Shariyyah): This is something tht Allaah loves, and my or my not occur, as it is our choice. See exmple of salaah below.
Examples:
1) Universal Will (Iraadah Kawniyyah): For example the existence of kufr, Allaah does not love kufr,but there is a wisdo behind it. The universal will, is like the universallaws of cration that always happen, like gravity, cheating etc. As for shaytaan, the Islaamicly speaking he is not pure evil (contrary to wht the Christinis say). The devil IS evil, but there is a good aspect to it, i.e, us disobeying him, combating him etc. So by us fighting shaytaan, we are drawing closer to Allaah. Also, if you have (something?) i your arm and the only cure to it is to ampitate it. Here amputation, though considered bad in and of itself, has its good side to it, which is stopping the injury from spreading throught the persons body and saving his life. So if kufr exists, there is wisdom behind it. In the Messenger of Allah (saw) being abused, there is wisdom behind it: how we defend his honor, how we rise to his defense, etc, these are all good for us. So there is nothing pure evil in His creation. (min sharri ma khalaq). So Allaah allows such things but there is always a wisdom behind it, as Allaah does not create in vein nd without purose.
2) Sharee’ah Will (Iraadah Shariyyah): Praying five tims a day. Aaah wil thi for us however it is inevidently up to us whether we fulfil His will or not.
Test Your Knowledge:
Questions: Try to see which one of the two categories the following verses fall in to:
1) Allaah says that He will not change a peopl until they change what is within themselves, when Allaah intends ill for a people there is noone who can repel that evil. (soorah?, verse?)
2) Allaah says but fasting when ravelling or ill, that you can make up the fast later and “Allaah wants eas for you not dificuty.” (Soorah?, verse ?).
3) Allaah says (to the wives of the Prophet?) “Allaah does not want to mke things difficult for youbut to purify you and to make you grateful.” (33:33? no?).
Answers:
1) This is Iraadah Kawniyyah. Why? Because Allaah does not love for bad to touch people.
2) This is Iraadah Shariyyah bcause this is something Allaah loves and the people may or may not do it.
3) This is iradah Shariyyah, because it is something Allaah lovs for us though we have the choice to do it or not.
Notes from class held on 14/12/1433 AKA: 30/10/2012
(1) After Washing The Dead
The prophet (saw) said, “Whoever washes a dead then he must do ghusl.” I.e, its recommended (mustahab) for him to do ghusl
The prophet (saw) said, “Whoever washes a dead MUST perform ghusl, whoever carries it must do wudhoo.” [Aboo Daawood]
Ibn Hajar said its a hasan hadeeth.
The hadeeths show a command, and a command implies it being obligatory, but the majority say its only recommended.
Reason being, because other hadeeth show it is not obligatory. For example:
Hadeeth 1) The companions said, “We washed the dead and some of us used to do ghusl and some didn’t.” (And its saheeh, recorded by Khateb in Taareekh)
Here neither criticized others, so it shows that ghusl was not obligatory.
2) The Prophet (saw) said, “It is enough to wash your hands after washing the dead.” (recorded in Bayhaqee and Ibn Hajar said it was saheeh)
Though it is better to do ghusl.
So the ‘command’ in the first hadeeth is only a recommendation, as other hadeeths show.
The prophet (saw) said it in the command (in the first narration) to stress the deed, not because it is obligatory.
A narration in Al-Hakim says, the Prophet (saw) said, “There is no ghusl for washing the dead.”
Based on this narration Aboo Haneefah says there is no ghusl after washing the dead. Neither is it obligatory, nor is it recommended
The majority reply to this by saying this is a weak narration as a hadeeth of the Prophet, and also it is a statement of Ibn ‘Abbaas and Bayhaqi aid it was authentic from him.
‘Ata’ (a Taabi’ee) said, “Don’t think that the dead people are najas (impure), a believer is not impure, whether dead or alive.” I.e, A believer is not najas in first place.
The Majority reply to this by saying that this narration (even if it were authentic) just shows it is not obligatory to do ghusl after washing the dead, not that we don’t do it. So it just proves our point, i.e, that it is recommended.
So to reconcile all the narrations, it (doing ghusl after washing the dad) is recommended, not obligatory.
So it is recommended, and this is so, not because the dad is najas. The narration in Al-Haakim, even if it were authentic, just meant stressed, not obligatory
(2) After Regaining Sanity Or Consciousness
The author mentions: that ghusl become recommended when one “…regains sanity after being mad, or regains consciousness after loss (of consciousness).”
So it is recommended after these two states.
When the Prophet (saw) fell ill, he lost consciousness, upon regaining consciousness, he was asked to lead the salaah, so he performed ghusl.
So here, he (saw) had done ghusl after loosing consciousness.
And as learned in usool al-fiqh, an act of the Prophet (saw) can only ever be recomended. His act alone can never be obligatory. (As his mission was to clearly explain Islaam, and from the clear explanations, is to clearly say something is obligatory, as his actions do not state such.)
So the scholars say it is recommended not obligatory. (So if you get knocked out by your wife for coming home 10 mins late, its recommended to do ghusl, lol)
Other times it becomes recommended to do ghusl (these were not stated by the author):
(3) On ‘Eid
The scholars/muhadditheen of the past say that there are no authentic hadeeths from the Prophet (saw) where he commanded or recommended we do ghusl on ‘eid.
There are, however, numerous statements/narrations of the sahaabah, which show they done ghusl for ‘eid, so now it becomes recommended to do ghusl on eid.
Though note, there are no hadeeths from the Prophet (saw) at all, but narrations from the companions.
Also it becomes recommended by use of analogy (qiyaas) from the jumu’ah salaah. (For salaah or for the day?)
(4) When Entering The State Of Ihraam
It is recommended to do ghus when entering ihram. The Prophet (saw) said “Do ghusl before you enter the state of ihraam.” [Tirmidhee]
(5) A Pilgrim, Before He Enters Makkah
Ibn ‘Umar was in the sate of ihraam and was saying the talbiyah before he entered Makkah. Once he saw the ka’bah, he stopped saying the talbiyyah, and he mae ghusl then said, “The Prophet (saw) done the same thing.” (This is just for Makkah, nowhere else.)
(6) A Woman During Her Irregular Periods
It is recommended for a (mustahaadah?) (a woman experiencing irregular periods. I.e, continual bleeding)
Zainab Bint Jahsh had istihadah and the Prophet (saw) told her to “Do ghusl for every prayer.” (Recorded in Aboo Daawood)
To another female companion (Sahlah Bint Suhayl) he (saw) said, “Do ghusl for every two prayers.” (Recorded in Aboo Daawood, some scholars disputed the authenticity of this hadeeth).
The scholars say it is recommended, not obligatory. This will be covered in detail in the chapter dealing with menses, just mentioned for completion here.
(7) For Jumu’ah Salaah
Doing ghusl on jumu’ah for the prayer is recommended. Due to the length of this discussion I dedicated a new post to this discussion. See this post for more info: The Issue Of Doing Ghusl For Jumu’ah Salaah.
Notes from fiqh class held on 30/11/1433. AKA 15/10/12.
– It is haraam for a person who needs to do wudhoo’ to touch the mushaf (hanbali opinion).
– The four imams, all imams, and majority say its obligatory for you need to be in a state of wudhoo’ to touch the mushaf.
– Ibn Taymiyyah says there is no known difference of opinion from the salaf on this.
– They say there is an ijma on this issue.
– All agree that he who needs to do ghusl cannot touch the mushaf nor read the Quraan (all scholars agree on this).
– The dhaahiris say you do not need wudhoo’ to touch the mushaf. They say all narrations that deal with this are unauthentic.
– If you’re in a state of janabah you cannot do any dhikr. So before going to sleep, you can do wudhoo before reciting your night adhkaar.
– Exception on this^ is you cannot recite soorah mulk with that wudhoo’ as its quran, and one in major impurity cannot recite quran.
– There’s a narration in the muwatta of imam maalik which says the prophet wrote a letter (for Ibn Hazm?) which was all about zakah and other stuff, in which the prophet wrote, “It is not permissible to touch the mushaf unless in a state of taharah.”
– The dhahirees (who say you can touch the mushaf without wudhoo’) say this is a weak narration, and even if it were authentic, then the word ‘tahir’ can have four meanings in Islaamic terminology: 1: being free from major impurity, 2: being free from minor impurity, 3: being free from physical impurities (on one’s clothes/self), and 4: not being a Kaafir (as a believer is pure and a kaafir is impure). And when there are many meanings, we need external evidence to say which meaning it fits in to, of which we don’t have any.
– The majority reply to this by saying that this is correct but why can we not take all four meanings to be implied into the hadeeth? Which is what they do.
– If the mushaf is mixed with other text (like translation or tafseer etc.) then the ruling is that of the majority text. So if there is more Quraanic text, then it is a mushaf, but if there is more non-Quranic text, the it is not a mushaf.
Notes from fiqh class held on 30/11/1433. AKA 15/10/12.
Something Coming Out Of The Two Passages
– Anything that comes out of the two passage breaks wudhoo’.
– If urine or stool come out of the body from other than the two passages, wudhoo’ still breaks.
– The exception is for he who cannot control what comes out.
– Such person does one wudhoo’ for the allocated time slot for salaah and ignores any hadath (from Ibn ‘Abbaas and majority).
Fainting Or Loosing Consciousness
– As for he who faints or becomes unconscious or insane, there is ijmaa’ that such a person has broken wudhoo’ by going into this state, as he has no control.
Sleep
– Sleep breaks wudhoo’ if it is a deep sleep.
– Deep sleep is that when you have lost consciousness of your surroundings.
– If you sleep while sitting firm on your buttocks then your wudhoo does not break.
– The sahaabah once snored but got up and never refreshed their wudhoo’. They had a ‘light’ sleep (while sitting on their buttocks).
– If you’re sitting on your buttocks, and even if you have a deep sleep it does not break your wudhoo’ (majority hold this view).
Touching One’s Private Parts
– If you touch your front or back private part with desire it breaks wudhoo’ (skin on skin).
– Husband and wife touching each others’ private parts does not break wudhoo’. Now go act upon your knowledge, lol.
Eating Camel Meat
– Camel meat breaks wudhoo’ (according to the hanbali’s only).
– Its recommended to freshen your wudhoo after eating sheep (or any other meat).
Release Of Madhy
– Madhy is what comes out before sperm. No need to do ghusl, just wash the penis and do wudhoo’ like for prayer.
– Madhy is najas (impure), unlike sperm.
– You need to wash your penis not just the affected area where it is.
Fiqh Classes 