Discussion in 'Other Mad'habs' started by Abu Ibraheem, Jul 23, 2009.

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  1. Abu Ibraheem

    Abu Ibraheem Guest

    This is brilliant, where can i get more?
  2. Bismillaah.
    As-salaamu 'alaykum.
    Jazaaka'llaahu khayran for the translation. Thank you.
    Bismillaahi wa'l-hamdu lillaahi wa's-salaatu wa's-salaamu 'alaa Rasooli'llaah.
    Yaa Hayyu Yaa Qayyoom, Forgive and reward all those who made an effort for this knowledge reaching me, aameen.
    Al-hamdu lillaahi wa's-salaatu wa's-salaamu 'alaa Rasooli'llaah.
  3. Baz ul-Lail

    Baz ul-Lail Guest

    Author’s Introduction

    In the Name of Allah, the All-Merciful, the All-Compassionate
    [Bismi’llahi ’r-Rahmani ’r-Rahim]

    Praise be to Allah, who is worthy of praise and deserving thereof—a praise that excels all praise, like the excellence of Allah over His creation. I bear witness that there is no god but Allah, Alone without any partner, thereby fulfilling for Allah His rightful due. I also bear witness that Muhammad is His servant and His Messenger, having no doubt as to his truthfulness. May Allah bestow blessing and peace upon him, and upon his family and his Companions, as often as the clouds bring pouring rain, and as often as thunder follows the lightning flash.

    This is a book concerning jurisprudence [fiqh]. I have made it as concise as possible, and in it I have confined myself to a single doctrine, so that it may be a mainstay [‘umda] for its reader. The correct view is thus unobscured by difference of approaches and accounts.
    One of my brethren asked me to condense it, so that it would be convenient for the scholars, and easy for the students to memorize. I have therefore responded to his request, relying upon Allah (Glory be to Him) for sincerity in seeking His generous favor, and for help in attaining to His glorious approval. He is all that we need, and Most Excellent is the Custodian!
    I have supplied it with authentic Prophetic traditions [ahadith sahiha], for the sake of the blessing and support they provide, and I have taken them from the authentic collections, in order to do without citing their chains of transmission.

    * * *


    The Legal Rules concerning Types of Water
    [Ahkam al-Miyah]

    Water was created pure. It is the means of purification from excrements [ahdath] and other kinds of filth [najasat]. The state of ritual purity [tahara] is not achieved by means of any other liquid. If the water amounts to nothing less than the contents of two large vessels [qullatan], or if it is flowing, nothing will pollute it, except that which changes its color, or its taste, or its smell. Anything apart from that is polluted by the admixture of the impurity. The term qullatan refers to a quantity approximately equal to one hundred and eighty rotls in the Syrian system of weights.
    If something that is not pure is cooked in the water, and likewise if something mingles with it to the point where it robs it of its name, or if it is used for the purpose of removing excrement, it is deprived of its natural purity.
    If a person has any misgiving about the purity of the water—or anything else—and its uncleanness, he should base his action on what he knows for certain. If it is unclear whether the impurity is situated on his clothing or elsewhere, he should wash whatever he feels sure about washing. If some pure water is hard to distinguish from some that is polluted, and he cannot find any other, he should perform the dry ablution [tayammum] and abandon them both. If some that is extremely pure [tahur] is hard to distinguish from some that is merely clean [tahir], he should perform the minor ritual ablution [wudu’] by using both of them. If the garments that are clean are hard to distinguish from those that are dirty, he should perform a ritual prayer [salat] in each garment, according to the number of those that are dirty, and add another ritual prayer.
    The filth of the dog and the swine should be ritually cleansed seven times, six times with water and one time with dust. Three acts of cleansing are sufficient for other kinds of filth. If the filth is on the ground, one pouring [of water] is enough remove it, because of his saying (Allah bless him and give him peace):

    Pour on the urine of the Bedouin a bucketful of water.

    It is sufficient to sprinkle water on the urine of a youth who has not eaten food, and the same applies to a discharge of prostatic fluid [madhy]. A slight trace of this is overlooked, as is a slight trace of blood and any pus or similar matter discharged from it. The expression “slight trace” refers to that which is not soaked in blood. The semen of a human being is pure, and so is the urine of any creature whose flesh may be eaten.


    Vessels, Receptacles, Containers

    It is not permissible to use vessels of gold and silver, whether in a state of purity or any other condition, because Hudhaifa reported that the Prophet (Allah bless him and give him peace) once said:

    Do not drink from vessels of gold and silver, and do not eat from dishes made of those metals, for they belong to them [the unbelievers] in this world, and to you in the Hereafter.

    The same rule applies to the metal band used to repair them, unless it is a tiny piece of silver. It is permissible to make use of all other clean vessels, as well as to use the vessels of the people of the Scripture and their clothes, so long as they are not known to be unclean. The wool of the dead animal is clean, and so is its hair. As for the hide of any dead animal, whether or not it has been tanned, it is unclean. The same applies to its bones. Every corpse is unclean, with the following exceptions: (1) the corpse of the human being, (2) the corpse of the aquatic animal that lives only in the water, because of the saying of Allah’s Messenger (Allah bless him and give him peace) concerning the ocean:

    It is that of which the water is pure, and of which the corpse is lawful food.

    — (3) the corpse of a creature that has no flowing blood, so long as it is not generated from impure substances.


    Fulfillment of the Need to Answer the Call of Nature
    [Qada’ al-Haja]

    When someone is about to enter the toilet, it is commendable for him to say:

    In the Name of Allah.
    I take refuge with Allah from wickedness and wicked deeds,
    a’udhu bi’llahi mina ’l-khubuthi wa ’l-khaba’ith:
    and from the foul one, the filthy one, Satan the accursed.
    wa mina ’r-rajisi ’n-najisi ’sh-Shaitani ’r-rajim.

    When he comes out, he should say:

    I beg Your forgiveness.
    Praise be to Allah, who has relieved me of trouble and kept me healthy. al-hamdu li’llahi ’lladhi adhhaba ‘an-ni ’l-adha wa ‘afa-ni.

    He should put his left foot forward on entering, and his right foot on coming out. He should not enter the toilet with anything in which Allah (Exalted is He) is mentioned, except in urgent need. In his sitting posture, he should rest his weight on his left foot. If he is in open country, he should move far away, keep himself out of sight, and look for a soft spot that will absorb his urine. He should not urinate in a hole, nor a crevice, nor on a path, nor in a useful shade, nor beneath a tree bearing fruit. He must not face toward the sun or the moon, and he must turn neither his face nor his back toward the Qibla [direction of prayer], because of the saying of Allah’s Messenger (Allah bless him and give him peace):

    Do not turn your faces toward the Qibla when defecating or urinating, and do not turn your backs toward it.

    That is permissible inside a building, however, [when the Qibla is unclear].
    As soon as he has finished urinating, he should rub his penis from its root to its tip, then shake it hard three times. He should not touch his penis with his right hand, nor should he rub with it. Next, he should perform istijmar [cleansing with pebbles] an odd number of times, followed by istinja’ [cleansing with water]. If he confines himself to istijmar, that is sufficient, but only if what is excreted does not spread beyond the orifice. Fewer than three cleansing wipes are insufficient. It is permissible to perform istijmar with any clean substance, and so become purified, except rawth [the dung of a solid-hoofed animal], bones, and anything that is sacrosanct.


    The Minor Ritual Ablution [Wudu’]

    The minor ritual ablution [wudu’] is not valid, and neither is any other act of worship, unless its practitioner begins by formulating his intention to perform it, because of the saying of Allah’s Messenger (Allah bless him and give him peace):

    Actions are valued only by the intentions [on the strength of which they are performed], and every man is credited with what he actually intended.

    Having formulated his intention, he should proceed as follows:

    • He should say: “In the Name of Allah [Bismi’llah].”
    • He should wash the palms of his hands three times.
    • He should rinse his mouth and his nostrils three times, using one or three scoops of water in the process.
    • He should wash his face three times, lengthwise from the points where hair grows on the head down to the curve of the jawbones, and breadthwise from ear to ear. He should run his wet fingers through his beard, if it is thick, but if it is merely stubble on the skin he is obliged to wash it.
    • He should wash his hands [and his lower arms] up to the elbows, three times, and dip them into the washbowl.
    • He should rub his head, including both ears. He should begin by placing his hands on his forehead, then draw them across to the nape of his neck, and then bring them back to his forehead.
    • He should wash his feet up to the ankles, three times, and dip them into the washbowl. He should also run his wet fingers between the toes.
    • He should turn his gaze up toward the sky, and say:

    I bear witness that there is no god but Allah, Alone without any partner.
    ashhadu al-la ilaha illa ’llahu Wahda-hu la sharika la-h.
    I also bear witness that Muhammad is His servant and His Messenger.
    wa ashhadu anna Muhammadan ‘abdu-hu wa Rasulu-h.

    Among the elements listed above, the following: are strictly obligatory:

    • The intention [niyya].
    • Washing one time in each case, with the exception of the palms of the hand.
    • Rubbing the whole of the head.
    • Performing the ablution in the correct sequence, as we have described.
    • The washing of a member of the body must not be delayed until the one before it becomes dry.

    The following elements are customary [masnun] :

    • The invocation of Allah’s Name [at-tasmiya].
    • Exaggeration in the rinsing of the mouth and nostrils, except in the case of someone who is fasting.
    • Running the fingers through the beard and between the fingers and toes.
    • Rubbing the ears.
    • Washing the parts on the right side before those on the left side.
    • Washing three times in each case.

    Washing more than three times is disapproved, and so is the extravagant use of water.
    It is customary to use the toothpick [siwak] whenever the mouth is tainted, when arising from sleep, and at the time of ritual prayer, because of the saying of Allah’s Messenger (Allah bless him and give him peace):

    If I could have done so without imposing hardship on my Community, I would have commanded them to use the toothpick at the time of every prayer.

    It is also recommended at other times, except for the person who is fasting in the afternoon.


    Wiping the Shoes [Mash al-Khuffain]

    [Instead of washing the feet] it is permissible to wipe over the shoes, or similar articles of footwear, and galoshes that extend above the ankles, in order to maintain the state of minor purity between one cause of major impurity and another—for one day and night in the case of the resident, and three in the case of the traveler, because of the saying of Allah’s Messenger (Allah bless him and give him peace):

    The traveler may practice wiping for three days and nights, and the resident for one day and night.

    When he practices wiping, but then the period expires—or he undresses before it does so—his state of purity is annulled. If someone practices wiping as a traveler, but then settles down—or as a resident, but then embarks on a journey—he may complete the period of wiping permitted to a resident.
    [Instead of rubbing the head], it is permissible to wipe over the turban, provided it has a fringe that covers the whole of the head, apart from what is usually exposed to view.
    In every case, wiping over the article of clothing is permissible only on condition that he dons it while in a state of perfect purity.
    It is also permissible to wipe over a surgical splint [jabira], if he does not dislodge it from its proper position until he unfastens it.
    The same rules apply to the man and the woman, except that the woman may not wipe over the turban.


    Factors that Annul the Minor Ritual Ablution
    [Nawaqid al-Wudu’]

    These are seven in number:

    1. What is excreted from the two orifices.
    2. The dirt excreted from the rest of the body, if it is indecent.
    3. The loss of mental consciousness, except for a little nap while sitting or standing.
    4. Touching the penis with one’s hand.
    5. Making skin-contact with the skin of a female for the sake of carnal desire.
    6. Apostasy from Islam.
    7. Eating the flesh of the pig, because of the following traditional report: The Prophet (Allah bless him and give him peace) was asked: “Must we purify ourselves from the flesh of slaughtered camels by performing the minor ablution?” He said: “Yes, you must purify yourselves from it by performing the minor.” He was then asked: “Must we perform the minor ablution to purify ourselves from the flesh of sheep and goats?” To this he replied: “If you wish, perform the minor ablution, and if you do not wish, do not perform it.”

    If someone is convinced of the state of purity, but in doubt as to the cause of impurity, or he is convinced of the cause of impurity, but in doubt as to the state of purity, he is obliged to accept the alternative of which he is convinced.


    The Major Ritual Ablution
    [al-Ghusl mina ’l-Janaba]

    This is necessitated by the emission of sperm, which is the seminal fluid, and by contact with circumcisers.
    Its obligatory elements are:
    • Formulating the intention [niyya].
    • The washing of the entire body, including madmada [rinsing out the mouth] and istinshaq [snuffing water up the nostrils].
    Its customary elements are:
    • Invoking the Name of Allah [at-tasmiya].
    • Rubbing the body with both hands.
    • Acting in accordance with the traditional report of Maimuna, who said: “I screened the Prophet (Allah bless him and give him peace) while he performed the major ablution. He began by washing his hands, then poured water over his left side with his right hand. He washed his pudendum and the parts close to it. Then he struck with his hand on the wall and on the ground. Then he performed his minor ablution [wudu’] for the ritual prayer. Then he poured water over his body. Then he leaned back and washed his feet.”
    It is not necessary to unravel the hair during the major ablution, provided one wets its roots.
    If someone performs his washing with the intention of acquiring both states of ritual purity [minor and major], that is sufficient for them both. By the same token, if he performs the dry ablution [tayammum] with the intention of purifying the two excrements and the dirt on his body, that is sufficient for the whole. If he intends only part of it, however, he is credited only with what he intended.


    The Dry Ablution [Tayammum]

    This is performed in the following manner: The person concerned strikes with his hands on a clean piece of ground, striking one time only, then rubs them over his face and his palms, because the Prophet (Allah bless him and give him peace) once said to ‘Ammar:

    The only way for you to do it properly is like this.

    —and he struck the earth with his hands, then rubbed them over his face and his palms.
    If someone performs the dry ablution with more than one strike, or more than one rubbing, that is permissible.
    In order to perform the dry ablution, he must satisfy four preconditions:

    1. The unfeasibility of using water, because of its absence; or because its use might be harmful due to sickness or extreme cold; or for fear of inflicting thirst on himself, his companion or his beast; or because the search for it would put himself or his property in danger; or because it is unavailable except at a very high price.
    If it is possible for him to use it for part of his body, or he finds a quantity of water that is not sufficient for his ritual purification, he should use it and apply the dry ablution to the rest.
    2. The arrival of the prescribed time. He must not perform the dry ablution for an obligatory prayer [farida] before its prescribed time, nor for a supererogatory prayer [nafila] at the time of its prohibition.
    3. The intention [niyya]. If he performs the dry ablution for a supererogatory prayer, he may not perform an obligatory prayer on the strength of it. If he performs the dry ablution for an obligatory prayer, he may perform that prayer, and he may perform whatever obligatory and supererogatory prayers he wishes, until their time expires.
    4. Using the proper kind of earth. He may not perform the dry ablution except with clean earth that is dusty.

    The dry ablution is annulled by anything that annuls the purity of water, by the expiration of the prescribed time, and by the feasibility of using water, even if it only becomes available during the ritual prayer.


    Menstruation [Haid]

    Menstruation prevents ten things:

    1. The performance of the ritual prayer.
    2. The obligation to perform the ritual prayer.
    3. The keeping of the fast.
    4. The circumambulation [of the Ka’ba].
    5. The reading of the Qur’an.
    6. Touching the volume [of the Qur’an].
    7. Staying in the mosque.
    8. Penetration of the vulva.
    9. The customary practice of divorce by repudiation [talaq].
    10. The reckoning of the months of the ‘idda [period of waiting before remarriage is permissible].

    It necessitates the major ablution, the attainment of maturity, and keeping account of its duration. When the bleeding stops, the keeping of the fast becomes permissible, and so does divorce by repudiation, but the other practices [listed above] do not become permissible until the woman performs the major ablution.
    It is permissible [for the husband] to enjoy physical contact with the menstruating woman, excluding her vagina, because of the saying of the Prophet (Allah bless him and give him peace):

    Do anything other than copulate.

    The shortest period of menstruation is a day and a night, while the longest is fifteen days. The shortest interval of purity between two menstrual periods is thirteen days, and there is no limit to its longest interval. The earliest age at which a woman menstruates is nine years, and the latest is sixty. When the beginner notices bleeding at a time when she is likely to menstruate, she must sit down. Then, if the bleeding stops in less than a day and a night, it is not a menstruation. If it continues beyond that, and most of the emission has not passed through, it is a menstruation. If it recurs for three months in a single manner, it has become a habit. If most of the emission has passed through, the excess is an istihada [non-menstrual bleeding from the vagina].
    She is obliged to perform the major ablution at the end of the menstruation. As for istihada, it is classed among the states of purity with regard to the obligatory nature of worship and its performance. When she intends to perform the ritual prayer, she must therefore wash her vagina and bandage it. She must then perform the minor ablution at the time of each ritual prayer, and proceed to pray. The same rule applies to someone who suffers from incontinence of the bladder and any similar condition.
    If her bleeding continues into the next month, and if this is a regular occurrence, her menstrual period consists of the days of her usual experience, If it is not a regular occurrence, however, and a distinction is noticeable in her bleeding—namely, that some of her blood is black and thick, while some of it is red and thin—her menstrual period is the time of the thick black bleeding. If she is a beginner, or oblivious of her usual experience, and there is no distinction in her bleeding, her menstrual period is six or seven days of each month, because that is the normal experience of women.
    The pregnant woman does not menstruate, except that she may see herself bleeding for one, two or three days before giving birth, in which case it is the blood of postnatal effusion [nifas].


    Postnatal Effusion [Nifas]

    This is the bleeding that occurs as a result of giving birth. Its legal status is that of menstruation, with regard to what it renders lawful and unlawful, and what is necessary and unnecessary because of it. Its maximum duration is forty days, but there is no limit to its minimum. When she sees that she is clear of bleeding, she must perform the major ablution and so become ritually pure. If the bleeding recurs during the period of forty days, it also constitutes postnatal effusion.

    * * *

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