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‫ﻛﺘﺎﺏ ﺍﻟﻄﻬﺎﺭﺓ‬

‫ﺑﺎﺏ ﺃﺣﻜﺎﻡ ﺍﳌﻴﺎﻩ‬

‫ﺎ ﱂ‬‫ ﻓﺈﺫﺍ ﺑﻠﻎ ﺍﳌﺎﺀ ﻗﻠﺘﲔ ﺃﻭ ﻛﺎﻥ ﺟﺎﺭﻳ‬،‫ ﻭﻻ ﲢﺼﻞ ﺍﻟﻄﻬﺎﺭﺓ ﲟﺎﺋﻊ ﻏﲑﻩ‬،‫ ﻳﻄﻬﺮ ﻣﻦ ﺍﻷﺣﺪﺍﺙ ﻭﺍﻟﻨﺠﺎﺳﺎﺕ‬،‫ﺍ‬‫ﺧﻠﻖ ﺍﳌﺎﺀ ﻃﻬﻮﺭ‬
‫ ﻭﺍﻟﻘﻠﺘﺎﻥ ﻣﺎ ﻗﺎﺭﺏ ﻣﺎﺋﺔ ﻭﲦﺎﻧﻴﺔ‬،‫ ﻭﻣﺎ ﺳﻮﻯ ﺫﻟﻚ ﻳﻨﺠﺲ ﲟﺨﺎﻟﻄﺔ ﺍﻟﻨﺠﺎﺳﺔ‬،‫ ﺇﻻ ﻣﺎ ﻏﲑ ﻟﻮﻧﻪ ﺃﻭ ﻃﻌﻤﻪ ﺃﻭ ﺭﳛﻪ‬،‫ﻳﻨﺠﺴﻪ ﺷﺊ‬
‫ ﺃﻭ ﺍﺳﺘﻌﻤﻞ ﰲ ﺭﻓﻊ ﺣﺪﺙ ﺳﻠﺐ‬،‫ ﻭﻛﺬﻟﻚ ﻣﺎ ﺧﺎﻟﻄﻪ ﻓﻐﻠﺐ ﻋﻠﻰ ﺍﲰﻪ‬،‫ ﻭﺇﻥ ﻃﺒﺦ ﰲ ﺍﳌﺎﺀ ﻣﺎ ﻟﻴﺲ ﺑﻄﻬﻮﺭ‬،‫ﺃﺭﻃﺎﻝ ﺑﺎﻟﺪﻣﺸﻘﻲ‬
‫ ﻭﺇﻥ ﺧﻔﻲ ﻣﻮﺿﻊ ﺍﻟﻨﺠﺎﺳﺔ ﻣﻦ ﺍﻟﺜﻮﺏ ﺃﻭ ﻏﲑﻩ ﻏﺴﻞ‬،‫ ﻭﺇﺫﺍ ﺷﻚ ﰲ ﻃﻬﺎﺭﺓ ﺍﳌﺎﺀ ﺃﻭ ﻏﲑﻩ ﻭﳒﺎﺳﺘﻪ ﺑﲏ ﻋﻠﻰ ﺍﻟﻴﻘﲔ‬،‫ﻃﻬﻮﺭﻳﺘﻪ‬
‫ ﻭﺇﻥ ﺍﺷﺘﺒﻪ ﻃﻬﻮﺭ ﺑﻄﺎﻫﺮ ﺗﻮﺿﺄ ﻣﻦ ﻛﻞ‬،‫ ﻭﺇﻥ ﺍﺷﺘﺒﻪ ﻣﺎﺀ ﻃﺎﻫﺮ ﺑﻨﺠﺲ ﻭﱂ ﳚﺪ ﻏﲑﳘﺎ ﺗﻴﻤﻢ ﻭﺗﺮﻛﻬﻤﺎ‬،‫ﻣﺎ ﻳﺘﻴﻘﻦ ﺑﻪ ﻏﺴﻠﻬﺎ‬
.‫ ﻭﺍﻥ ﺍﺷﺘﺒﻬﺖ ﺍﻟﺜﻴﺎﺏ ﺍﻟﻄﺎﻫﺮﺓ ﺑﺎﻟﻨﺠﺴﺔ ﺻﻠﻰ ﰲ ﻛﻞ ﺛﻮﺏ ﺻﻼﺓ ﺑﻌﺪﺩ ﺍﻟﻨﺠﺲ ﻭﺯﺍﺩ ﺻﻼﺓ‬،‫ﻭﺍﺣﺪ ﻣﻨﻬﻤﺎ‬
‫ ﻭﺇﻥ ﻛﺎﻧﺖ ﺍﻟﻨﺠﺎﺳﺔ ﻋﻠﻰ‬،‫ ﻭﳚﺰﺉ ﰲ ﺳﺎﺋﺮ ﺍﻟﻨﺠﺎﺳﺎﺕ ﺛﻼﺙ ﻣﻨﻘﻴﺔ‬،‫ﺎ ﺇﺣﺪﺍﻫﻦ ﺑﺎﻟﺘﺮﺍﺏ‬‫ﻭﺗﻐﺴﻞ ﳒﺎﺳﺔ ﺍﻟﻜﻠﺐ ﻭﺍﳋﻨﺰﻳﺮ ﺳﺒﻌ‬
‫ ﻭﳚﺰﺉ ﰲ ﺑﻮﻝ‬.‫ﺎ ﻣﻦ ﻣﺎﺀ‬‫ ﺻﺒﻮﺍ ﻋﻠﻰ ﺑﻮﻝ ﺍﻷﻋﺮﺍﰊ ﺫﻧﻮﺑ‬:‫ﺍﻷﺭﺽ ﻓﺼﺒﺔ ﻭﺍﺣﺪﺓ ﺗﺬﻫﺐ ﺑﻌﻴﻨﻬﺎ ﻟﻘﻮﻟﻪ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬
‫ ﻭﻳﻌﻔﻰ ﻋﻦ ﻳﺴﲑﻩ ﻭﻳﺴﲑ ﺍﻟﺪﻡ ﻭﻣﺎ ﺗﻮﻟﺪ ﻣﻨﻪ ﻣﻦ ﺍﻟﻘﻴﺢ ﻭﺍﻟﺼﺪﻳﺪ‬،‫ ﻭﻛﺬﻟﻚ ﺍﳌﺬﻱ‬.‫ﺍﻟﻐﻼﻡ ﺍﻟﺬﻱ ﱂ ﻳﺄﻛﻞ ﺍﻟﻄﻌﺎﻡ ﺍﻟﻨﻀﺢ‬
.‫ ﻭﺑﻮﻝ ﻣﺎ ﻳﺆﻛﻞ ﳊﻤﻪ ﻃﺎﻫﺮ‬،‫ ﻭﻣﲏ ﺍﻵﺩﻣﻲ‬،‫ ﻭﺣﺪ ﺍﻟﻴﺴﲑ ﻫﻮ ﻣﺎ ﻻ ﻳﻔﺤﺶ ﰲ ﺍﻟﻨﻔﺲ‬،‫ﻭﳓﻮﻩ‬

Book of Purification

Chapter: Rulings on the Types of Water

Water has been created tahoor; it purifies from ahdaath and najaasaat. Tahaarah cannot be achieved with
any other liquid other than it. If water reaches the quantity of qullatayn or if it is flowing, then it
cannot become impure unless its colour, taste or smell changes. Other than flowing water or water
that reaches the quantity of qullatayn, if najaasah were to be mixed in that water, it becomes impure.
Qullataan is approximately 108 Damascan Ritls.

Waters purifying ability is removed if a taahir substance is cooked therein or it is mixed with
something, so-much-so that it takes over its name, or it is used to purify someone from hadath. If one
doubts whether the water, or anything else for that matter, is pure or filthy, one acts on that which he
is certain of. If one is not sure as to which part of the garment is filthy, one should wash the garment
until he is certain that he has washed the filth. If purifying water becomes confused with filthy water,
and one cannot find other water, then he should make tayammum and leave them both. If tahoor
becomes confused with taahir (pure but not purifying water), one should make ablution with them
both. If a clean garment becomes confused with a filthy garment, one should pray in every garment
the number of times of the filthy garments, plus one extra prayer.

The filth of a dog and a pig is to be washed seven times, one of the washing being with sand. The rest
of the types of filth are washed a minimum of three times until cleanliness is achieved. If the filth was
on the ground, then one pouring of water alone is enough to remove the filth, due to the statement of
the Messenger, “Pour over the Bedouin’s urine, a portion of water” Reported by Bukhari. It is
sufficient for the urine of a male infant who does not eat solids to moisten it with water. The same
ruling is applied to madhi. However, ‘a small amount’ of madhi, is to be overlooked. And also ‘a small
amount’ of blood is to be overlooked. And the by-products of blood such as pus etc, is to be
overlooked, if in small amount. ‘A small amount’ is that which is not detestable to oneself. The
human maniy, and the urine of those animals allowed for us to eat, are considered pure.

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‫ﺍ‬‫ﺧﻠﻖ ﺍﳌﺎﺀ ﻃﻬﻮﺭ‬


“Water has been created as tahoor...”

This is referring to water which is upon its original created state, such as rain and sea water etc.

The word tahoor refers to water which is pure in-and-of itself, and can be used to purify other than it
(‫ﻟﻐﲑﻩ‬ ‫)ﻃﺎﻫﺮ ﺑﻨﻔﺴﻪ ﻣﻄﻬﺮ‬.

**********

* What is the difference between tahoor and tuhoor?

• Tahoor is the water with which a person purifies themselves.

• Tuhoor is the actual act of purifying oneself.

**********

The evidences for water upon its original state being pure and purifying are:

‫ﻮﺭﹰﺍ‬‫ﺎ ًﺀ ﹶﻃﻬ‬‫ﺎ ِﺀ ﻣ‬‫ﻤ‬‫ﻦ ﺍﻟﺴ‬ ‫ﻣ‬ ‫ﺎ‬‫ﺰﹾﻟﻨ‬ ‫ﻭﺃﹶﻧ‬


“And We send down from heaven pure water…”1

‫ﻪ‬ ‫ﺮﻛﹸﻢ ﹺﺑ‬ ‫ﻴ ﹶﻄﻬ‬‫ﺎﺀ ﻟﱢ‬‫ﺎﺀ ﻣ‬‫ﻤ‬‫ﻦ ﺍﻟﺴ‬‫ﻴﻜﹸﻢ ﻣ‬ ‫ﻋ ﹶﻠ‬ ‫ ﹸﻝ‬‫ﻨﺰ‬‫ﻭﻳ‬
“…and sent you down water from heaven to purify you…”2

The Messenger said:

‫ﻪ‬ ‫ﺘ‬‫ﺘ‬‫ﻴ‬ ‫ﻣ‬ ‫ﺤ ﱡﻞ‬


 ‫ ﹶﺍﹾﻟ‬,‫ﻩ‬ ‫ﺅ‬ ‫ﺎ‬‫ﺭ ﻣ‬ ‫ﻮ‬‫ﻮ ﺍﹶﻟ ﱡﻄﻬ‬ ‫ﻫ‬ :‫ﺤ ﹺﺮ‬
 ‫ﺒ‬‫ﻲ ﹶﺍﹾﻟ‬‫ﻓ‬
“Concerning the sea: its water is pure, and its dead are lawful”3

‫ﻳﻄﻬﺮ ﻣﻦ ﺍﻷﺣﺪﺍﺙ ﻭﺍﻟﻨﺠﺎﺳﺎﺕ‬


“It purifies from Ahdaath and Najaasaat.”

Ahdaath is the plural of hadath: a ritual state of impurity that prevents one from performing salaah,
tawaaf and also (according to some scholars) touching the Qur’aan. It is of two levels:

1) ‫ ﺣﺪﺙ ﺍﻷﺻﻐﺮ‬- Minor ritual state of impurity

This state requires one to perform wudhoo (after deep sleep, going to the bathroom etc). One
needs to perform wudhoo if prayer or the like is to be performed.

1 Al-Furqaan (25):48

2 An-Anfaal (8):11

3 Buloogh al-Maraam, no.1

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2) ‫ ﺣﺪﺙ ﺍﻷﻛﱪ‬- Major ritual state of impurity

This state requires one to perform ghusl (after having sexual relations with one’s spouse,
menstruation etc). One needs to perform ghusl if prayer or the like is to be performed.

**********

Najaasaat is the plural of najaasah: impurity or filth. This includes urine, faeces, menses blood, dogs
and pigs etc.

* Therefore water which is tahoor can be used to purify oneself from (i) a state of ritual impurity and
can also be used to (ii) remove impurities.

**********

* Polytheists are najas?

Allah mentions:

‫ﺲ‬
 ‫ﺠ‬
 ‫ﻧ‬ ‫ﺸ ﹺﺮﻛﹸﻮ ﹶﻥ‬
 ‫ﻤ‬ ‫ﺎ ﺍﹾﻟ‬‫ﻤ‬‫ﻮﺍ ﹺﺇﻧ‬‫ﻣﻨ‬ ‫ﻦ ﺁ‬ ‫ﻳ‬‫ﺎ ﺍﻟﱠﺬ‬‫ﻬ‬‫ﺎ ﹶﺃﻳ‬‫ﻳ‬
“O you who believe! Verily, the Mushrikun are Najasun (impure).”4

Najas here refers to spiritual impurity of Shirk (associating partners with Allah). It is known that the
Messenger of Allah allowed polytheists to enter the masjid; if they were physically impure, then they
would not have been allowed to do so.

‫ﻓﻼ ﲢﺼﻞ ﺍﻟﻄﻬﺎﺭﺓ ﲟﺎﺋﻊ ﻏﲑﻩ‬

“Tahaarah cannot be achieved with any other liquid other than it (i.e. water).”

Allah mentions:

‫ﺒﹰﺎ‬‫ﻴﺪﹰﺍ ﹶﻃﻴ‬‫ﺻﻌ‬
 ‫ﻮﹾﺍ‬‫ﻤ‬‫ﻴﻤ‬‫ﺘ‬‫ﺎﺀ ﹶﻓ‬‫ﻭﹾﺍ ﻣ‬‫ﺠﺪ‬
‫ﺗ ﹺ‬ ‫ﻢ‬ ‫ﹶﻓ ﹶﻠ‬
“…and you cannot find any water, then do tayammum with pure earth…”5

This verse is a proof that only water can be used for the purpose of purification and no other liquid.
This is because Allah mentions that if water is not found, the next substance one moves to is pure
earth, not a different liquid.

**********

Tayammum alludes to the fact that purification is not only a physical act of cleansing, but also
concerns the spiritual or ritual state of a person. This is because one would not normally clean
themselves with earth.

It is also inferred from this that najaasaat can only be cleaned with water. However, there is another
opinion in the fiqh of Imam Ahmad, where he states that so long as the impurity is removed,

4 At-Tawbah (9):28

5 An-Nisaa (4):43

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whichever way it is removed, it is considered pure. And there is precedence for this opinion in the
Sunnah of the Messenger of Allah.

**********

There is a principle in the Sharee’ah:

‫ﺍﳊﻜﻢ ﻳﺪﻭﺭ ﻣﻊ ﻋﻠﺘﻪ ﻭﺟﻮﺩﺍ ﻭﻋﺪﻣﺎ‬


“The ruling is connected with the connective cause, in its presence and absence (i.e. if the reason is
present, the ruling is present and if the reason is absent, the ruling is absent.)”

An example of the application of the rule is the particular issue at hand; the ruling of impurity is
connected with the actual impurity. If the impurity is removed, irrespective of how it is done, then the
ruling of impurity (i.e. that a particular place, clothing is impure) is removed.

‫ ﺇﻻ ﻣﺎ ﻏﲑ ﻟﻮﻧﻪ ﺃﻭ ﻃﻌﻤﻪ ﺃﻭ ﺭﳛﻪ‬،‫ ﱂ ﻳﻨﺠﺴﻪ ﺷﻲﺀ‬،‫ﻓﺈﺫﺍ ﺑﻠﻎ ﺍﳌﺎﺀ ﻗﻠﺘﲔ ﺃﻭ ﻛﺎﻥ ﺟﺎﺭﻳﺎ‬

“If water reaches the quantity of qullatayn (i.e. roughly 158 litres) or if it is flowing, then it cannot
become impure unless its colour or taste or smell changes.”

The author states that if water reaches a certain volume (i.e. qullatayn), it is always considered pure,
unless one of three physical characteristics changes: colour, taste or smell.

This is based upon the hadeeth of the Messenger:

‫ﺚ‬
‫ﺒ ﹶ‬‫ﺨ‬
 ‫ﻤ ﹾﻞ ﹶﺍﹾﻟ‬ ‫ﺤ‬
 ‫ﻳ‬ ‫ﻢ‬ ‫ﻴ ﹺﻦ ﹶﻟ‬ ‫ﺘ‬‫ﺎ َﺀ ﹸﻗﻠﱠ‬‫ﹺﺇﺫﹶﺍ ﻛﹶﺎ ﹶﻥ ﹶﺍﹾﻟﻤ‬
“If water reaches the quantity of qullatayn, it is not easily contaminated by impurity.”6

This hadeeth is qualified by the ijmaa’ (consensus) of the scholars, that if so much impurity enters the
water, so-much-so that its colour, taste or smell changes, then it is no longer considered tahoor.7

**********

The author also mentions that if water is flowing or running, even if it does not reach the specified
quantity, it is still considered pure, unless one of the three qualities changes.

This is due to the inferences from the ahaadeeth of the Messenger:

‫ﻪ‬ ‫ﻴ‬‫ﺴ ﹸﻞ ﻓ‬
ِ ‫ﺘ‬‫ﻐ‬ ‫ﻳ‬ ‫ ﹸﺛﻢ‬,‫ﺠﺮﹺﻱ‬
 ‫ﻳ‬ ‫ﻱ ﻟﹶﺎ‬‫ﺋ ﹺﻢ ﹶﺍﻟﱠﺬ‬‫ﺍ‬‫ﺎ ِﺀ ﺍﹶﻟﺪ‬‫ﻲ ﹶﺍﹾﻟﻤ‬‫ﻢ ﻓ‬ ‫ﺪ ﹸﻛ‬ ‫ﺣ‬ ‫ ﹶﺃ‬‫ﻮﹶﻟﻦ‬‫ﻳﺒ‬ ‫ﻟﹶﺎ‬
“None of you should urinate in stagnant water, and then wash in the same water.”8

‫ﺐ‬
 ‫ﻨ‬‫ﺟ‬ ‫ﻮ‬ ‫ﻫ‬ ‫ﻭ‬ ‫ﺋ ﹺﻢ‬‫ﺍ‬‫ﺎ ِﺀ ﺍﹶﻟﺪ‬‫ﻲ ﹶﺍﹾﻟﻤ‬‫ﻢ ﻓ‬ ‫ﺪ ﹸﻛ‬ ‫ﺣ‬ ‫ﺴﻞﹸ ﹶﺃ‬
ِ ‫ﺘ‬‫ﻐ‬ ‫ﻳ‬ ‫ﻟﹶﺎ‬
“None of you should wash in stagnant water when he is in the state of junub (major ritual state of
impurity).”9

6 Buloogh al-Maraam, no. 5

7 Ibn al-Mundhir in al-Ijmaa’

8 Buloogh al-Maraam, no. 7

9 Buloogh al-Maraam, no. 6

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‫ﻭﻣﺎ ﻋﺪﺍ ﺫﻟﻚ ﻳﻨﺠﺲ ﲟﺨﺎﻟﻄﺔ ﺍﻟﻨﺠﺎﺳﺔ‬

“Other than that (i.e. other than flowing water or water less than the quantity of qullatayn), if
najaasah were to be mixed in that water, it becomes impure.”

The author here makes a distinction:

• Small amount of water (i.e. less than qullatayn)

If a small amount of najaasah falls into it, even if it does not change any of its characteristics, it
is still considered impure.

• Large amount of water (i.e. greater than qullatayn)

If a small amount of najaasah falls into it, it is still considered pure, until one of the
characteristics change.

**********

Why is a distinction made?

The reason for this distinction is based on the hadeeth of qullatayn. The inference from this hadeeth is
that if the quantity of water is less than qullatayn, it can become impure. This is one of the ways the
scholars derive a ruling (i.e. via inference, and it is valid, but in strength, it is a level lower than an
explicit statement of the Messenger of Allah).

However, the Messenger said, “Indeed water is tahoor, nothing contaminates it”, and this takes the
precedence over the ruling by inference.

* Water is deemed pure, whether small or large in volume, until and unless it changes in one of its
qualities. This is the opinion held by Imam Ahmad, Ibn al-‘Uthaymeen, as-Sa’di, Ibn Taymiyyah.

‫ﻭﺍﻟﻘﻠﺘﺎﻥ ﻣﺎ ﻗﺎﺭﺏ ﻣﺎﺋﺔ ﻭﲦﺎﻧﻴﺔ ﺃﺭﻃﺎﻝ ﺑﺎﻟﺪﻣﺸﻘﻲ‬

“Qullataan is approximately 108 Damascan Ritls.”

This is the definition of qullatayn.

‫ ﺳﻠﺐ ﻃﻬﻮﺭﻳﺘﻪ‬، ‫ ﺃﻭ ﺍﺳﺘﻌﻤﻞ ﰲ ﺭﻓﻊ ﺣﺪﺙ‬، ‫ﻭﺇﻥ ﻃﺒﺦ ﰲ ﺍﳌﺎﺀ ﻣﺎ ﻟﻴﺲ ﺑﻄﻬﻮﺭ ﺃﻭ ﺧﺎﻟﻄﻪ ﻓﻐﻠﺐ ﻋﻠﻰ ﺍﲰﻪ‬

“Its purifying ability is removed if a taahir substance is cooked therein, or it is mixed with
something, so much so that it takes over its name (we do not call it water anymore), or it is used to
purify someone from hadath.”

According to the Hanbali madhhab, there are three types of water:

1) Tahoor: it is pure in-and-of itself, as well as purifying.

2) Taahir: it is pure in-and-of itself, but not purifying.

3) Najas: it is contaminated by a filthy substance.

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The author now mentions the situations in which tahoor water is turned into taahir water. There are
three situations by which this can occur:

1) A taahir substance is cooked therein.

2) It is mixed with something, so-much-so that it takes over its name (i.e. it is not called water
anymore).

3) It is used to purify someone from hadath (i.e. the water which is left after a person has
performed ritual purification in order to come out of the state of hadath).

However, there is a contradiction, since according to the madh-hab, if a person were to bathe
in tahoor water, without the intention of removing hadath, then that water is considered tahoor.
But if the intention is changed, then the water becomes taahir. This is incorrect.

The reason why the scholars made such a distinction between tahoor and taahir is due to
ahadeeth such as:

‫ﺐ‬
 ‫ﻨ‬‫ﺟ‬ ‫ﻮ‬ ‫ﻫ‬ ‫ﻭ‬ ‫ﺋ ﹺﻢ‬‫ﺍ‬‫ﺎ ِﺀ ﺍﹶﻟﺪ‬‫ﻲ ﹶﺍﹾﻟﻤ‬‫ﻢ ﻓ‬ ‫ﺪ ﹸﻛ‬ ‫ﺣ‬ ‫ﺴﻞﹸ ﹶﺃ‬
ِ ‫ﺘ‬‫ﻐ‬ ‫ﻳ‬ ‫ﻟﹶﺎ‬
“None of you should wash in stagnant water when he is in the state of junub (major ritual
state of impurity).”10

They interpreted that once this sort of water is used to purify a person, then it cannot be used
again after to purify someone else.

* Consequently, the correct opinion is that as long as something is called water, even if something else
has been mixed with it, it is still tahoor. One proof for this:

 It is known that the companions would race to catch the water of the Messenger when he
would perform wudhoo’.11 If there was any issue with the water, then the Messenger
would have clarified.

Therefore, the correct classification of water (so long as it is called ‘water’) is of two types:

1) Tahoor (pure water)

2) Najas (impure water)

‫ﻭﺇﺫﺍ ﺷﻚ ﰲ ﻃﻬﺎﺭﺓ ﺍﳌﺎﺀ ﺃﻭ ﻏﲑﻩ ﺃﻭ ﳒﺎﺳﺘﻪ ﺑﲏ ﻋﻠﻰ ﺍﻟﻴﻘﲔ‬

“If one doubts whether the water, or anything else for that matter, is pure or filthy, he acts on that
which he is certain of.”

This issue, as well as other forth coming issues are based on a great legal maxim (qaa'ida fiqhiyah
kabeerah):

‫ﺍﻟﻴﻘﲔ ﻻﻳﺰﻭﻝ ﺑﺎﻟﺸﻚ‬


“Certainty is not removed by doubts.”

As well as a minor legal maxim (qaa'idah sagheerah) based on the previous maxim:

10 Buloogh al-Maraam, no.6

11 Reported by Bukhari

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‫ﺍﻷﺻﻞ ﺑﻘﺎﺀ ﻣﺎ ﻛﺎﻥ ﻋﻠﻰ ﻣﺎ ﻛﺎﻥ‬


"The original state, is for something to remain as it was.”

This means, if one is in doubt about something, he should avoid the doubt, and act on what he is
certain about, which is the original state.

‫ ﻏﺴﻞ ﻣﺎ ﺗﻴﻘﻦ ﺑﻪ ﻏﺴﻠﻬﺎ‬، ‫ﻭﺇﻥ ﺧﻔﻲ ﻣﻮﺿﻊ ﺍﻟﻨﺠﺎﺳﺔ ﻣﻦ ﺍﻟﺜﻮﺏ ﺃﻭ ﻏﲑﻩ‬

“If one is not sure as to which part of the garment is filthy, one should wash the garment until he is
certain that he has washed the filth.”

For instance, if one is sure that a child urinated on a part of his right sleeve, but he is unsure exactly
where, then he should wash his entire right sleeve to make sure that najaasah has been washed.

Likewise, if one is sure that a child urinated on one of the sleeves, but he does not know which one,
then he washes both of the sleeves, to make sure that najaasah has been washed.

‫ ﺗﻴﻤﻢ ﻭﺗﺮﻛﻬﻤﺎ‬،‫ﻭﺇﻥ ﺍﺷﺘﺒﻪ ﻣﺎﺀ ﻃﻬﻮﺭ ﺑﻨﺠﺲ ﻭﱂ ﳚﺪ ﻏﲑﳘﺎ‬

“If purifying water becomes confused with filthy water, and one cannot find any other water, then he
should make Tayammum (Dry Ablution) and leave them both.”

If one has two water bottles, but does not know which one contains tahoor water, and which one
contains najas water; one should leave them both and make Tayammum.

This is because if he were to make wudhoo from one of them, hoping that it is tahoor, or if he were to
make wudhu with both of them, he would not be sure whether the last he made wudhu was with tahoor
or najis. Therefore, in order to make sure that he fulfils his obligation, he makes Tayammum and prays.

‫ ﺗﻮﺿﺄ ﻣﻦ ﻛﻞ ﻭﺍﺣﺪ ﻣﻨﻬﻤﺎ‬،‫ﻭﺇﻥ ﺍﺷﺘﺒﻪ ﻃﻬﻮﺭ ﺑﻄﺎﻫﺮ‬

“If Tahoor (purifying water) becomes confused with Taahir (pure but not purifying water); one
should make ablution with them both.”

Meaning, if one has two water bottles, one containing tahoor and the other containing taahir water, but
he does not know which one is which; then one should make wudhu twice, once with the taahir and
once with tahoor, to make sure that he made wudhoo with tahoor, and fulfil his obligation with
certainty.

‫ ﺻﻠﻰ ﰲ ﻛﻞ ﺛﻮﺏ ﺑﻌﺪﺩ ﺍﻟﻨﺠﺲ ﻭﺯﺍﺩ ﺻﻼ ﹰﺓ‬،‫ﻭﺇﻥ ﺍﺷﺘﺒﻬﺖ ﺛﻴﺎﺏ ﻃﺎﻫﺮﺓ ﺑﻨﺠﺴﺔ‬

“If a clean garment becomes confused with a filthy garment, one should pray in every garment the
number of times of the filthy garments, plus one prayer.”

Meaning, for instance, if a person has five garments, and out of them, one is sure that three garments
are contaminated with filth; one should prayer four times all together in different garments, to make
sure that he fulfilled the obligation of praying with taahir clothes.

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‫ﻭﺗﻐﺴﻞ ﳒﺎﺳﺔ ﺍﻟﻜﻠﺐ ﻭﺍﳋﻨﺰﻳﺮ ﺳﺒﻌﺎ ﺇﺣﺪﺍﻫﻦ ﺑﺎﻟﺘﺮﺍﺏ‬

“The filth of a dog and a pig is to be washed seven times, one of them with sand.”

The Hanaabilaa categorised najaasaat (impurities) into three categories:

• Mughlladha (severe) e.g. dogs saliva

The Hanaabila made qiyaas (analogical deduction) and included the entire dog, as well as the
swine. However, this is a weaker opinion, since in the hadeeth the Messenger never mentioned
this, and therefore we restrict ourselves to what he said.

• Mutawassita (general) e.g. faeces, blood, al-madhi (pre-seminal fluid), droppings of animals
which are haraam for one to consume.

• Muhkhaffafa (light/slight) e.g. urine of a baby boy still drinking milk, al-madhi.

**********

The proof for the issue at hand is the hadeeth:

"If a dog licks in the utensils of one of you, then he should wash it seven times, one of them with
sand."12

**********

* Can one use detergent etc instead of sand?

Some of the scholars mentioned, that since the Messenger said turaab, even though they had soap at
the time, suggests that it is binding.

Some of the fuqahaa have said that it is permissible to use these other detergents/soaps etc.

**********

* Is the method of cleaning same for other than utensils?

The Usooliyyoon mention a principle:

‫ﺍﻟﻘﻴﺪ ﺇﺫﺍ ﺧﺮﺝ ﳐﺮﺝ ﺍﻟﻐﺎﻟﺐ ﻓﻼ ﻋﻤﻮﻣﺎ ﻟﻪ‬


i.e. If there is a clause in a particular hadeeth or Qur’aanic verse that is stipulating a general case
scenario, then that general case is not restrictive in understanding that.

For instance, Allaah mentions in the Qur’aan with regards to the people who are impermissible for
one to marry:

‫ﻮ ﹺﺭﻛﹸﻢ‬‫ﺣﺠ‬ ‫ﻲ‬‫ﻲ ﻓ‬‫ﻢ ﺍﻟﻠﱠﺎﺗ‬ ‫ﺒ ﹸﻜ‬‫ﺋ‬‫ﺎ‬‫ﺭﺑ‬ ‫ﻭ‬


“…your step daughters under your guardianship…”13

12 Buloogh al-Maraam, no.8

13 An-Nisaa (4):23

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One of the categories of women mentioned, are ones step-daughters. In the verse it alludes to those
step-daughters who are living with the person. However, what is intended here, wallaahu a’lam, is that
it is a general case, and not restrictive. Therefore, even if a step-daughter is not living with a person,
they are still haraam for a person to marry.

Thus, the method of cleaning is the same, since the hadeeth is the general case, and should not be
understood restrictively.

**********

An important point to note and remember is that ghasl or washing means for water to run over a
surface, whereas al-mash or wiping means for one to wipe his wet hand over a surface.

‫ﻭﳚﺰﺉ ﰲ ﺳﺎﺋﺮ ﺍﻟﻨﺠﺎﺳﺎﺕ ﺛﻼﺙ ﻣﻨﻘﻴﺔ‬

“The rest of the types of filth is washed minimum three times until cleanliness is achieved.”

This is due to the saying of the Messenger:

"And whoever wakes up from his sleep should wash his hands before putting them in the water
for ablution three times, because nobody knows where his hands were during sleep."14

:‫ﻭﺇﻥ ﻛﺎﻥ ﻋﻠﻰ ﺍﻷﺭﺽ ﻓﺼﺒﺔ ﻭﺍﺣﺪ ﺗﺬﻫﺐ ﺑﻌﻴﻨﻬﺎ ﻟﻘﻮﻝ ﺭﺳﻮﻝ ﺍﷲ‬
‫"ﺻﺒﻮﺍ ﻋﻠﻰ ﺑﻮﻝ ﺍﻷﻋﺮﺍﰊ ﺫﻧﻮﺑﺎ ﻣﻦ ﻣﺎﺀ" ﺭﻭﺍﻩ ﺍﻟﺒﺨﺎﺭﻱ‬

“If the filth was on the ground, then one pour of water alone is enough to remove the filth, due to the
statement of the Messenger:

‘Pour over the Bedouin’s urine, a portion of water’. Reported by Bukhaaree

The story behind the hadeeth is that once a bedouin walked into the masjid, went in a corner and
began to urinate. The sahaabah saw this and ran to stop him, but the Messenger stopped them and
waited for the bedouin to finish. He then told him that mosques are only built for prayers and
remembrance of Allaah, and not for urinating or defecating therein. He then told the companions:

‫ﺻﺒﻮﺍ ﻋﻠﻰ ﺑﻮﻝ ﺍﻷﻋﺮﺍﰊ ﺫﻧﻮﺑﺎ ﻣﻦ ﻣﺎﺀ‬


"Pour over the Bedouin’s urine, a portion of water.”15

This is a proof that just one pour of water over any filth on earth is enough to clean it.

14 Reported by Bukhari

15 Buloogh al-Maraam, no. 14

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‫ﻭﳚﺰﻯﺀ ﰲ ﺑﻮﻝ ﺍﻟﻐﻼﻡ ﺍﻟﺬﻱ ﱂ ﻳﺄﻛﻞ ﺍﻟﻄﻌﺎﻡ ﺍﻟﻨﻀﺞ‬

“It is sufficient for the urine of a male infant who does not eat solids to moisten it with water
(nadh).”

If a male infant, who has not started eating solids, urinates on ones garment, then it is sufficient to
moisten it with water, and this is called in Arabic al-nadh.

This is due to the statement of the Messenger narrated by Umm Qais bint Muhsin who came to the
Prophet with her baby boy who had not yet started eating solids, so the Messenger sat him on his lap
and the baby boy urinated on his garment. The Messenger then called for water and moistened his
garment with it, without washing it.

This excludes a baby boy who has started eating solids, or a baby girl, irrespective of whether she eats
solids or not.

The Messenger said:

‫ﻐﻠﹶﺎ ﹺﻡ‬ ‫ﻮ ﹺﻝ ﹶﺍﹾﻟ‬ ‫ﺑ‬ ‫ﻦ‬ ‫ﻣ‬ ‫ﺮﺵ‬ ‫ﻳ‬‫ﻭ‬ ,‫ﺔ‬ ‫ﻳ‬‫ﺎ ﹺﺭ‬‫ﻮ ﹺﻝ ﹶﺍﹾﻟﺠ‬ ‫ﺑ‬ ‫ﻦ‬ ‫ﻣ‬ ‫ﺴ ﹸﻞ‬
 ‫ﻐ‬ ‫ﻳ‬
“The urine of a baby girl should be washed off (one’s clothes), while the urine of a baby boy needs
only water to be sprinkled over it.”16

‫ﻭﻛﺬﻟﻚ ﺍﳌﺬﻱ‬

“The same ruling is applied to al-Madhi (pre-seminal fluid).”

Ibn Qudaamah mentions that the same ruling of the urine of a baby (i.e. a light najaasah) is applied to
Madhi. Madhi is pre-seminal fluid which is released before the ejaculation of sperm due to sexual
excitement. It breaks ones wudhoo and it requires one to wash their private organs. However, it is
sufficient to sprinkle water over ones clothes.

‫ﻭﻳﻌﻔﻲ ﻋﻦ ﻳﺴﲑﻩ‬

“However, 'a small amount' (of madhi), is to be overlooked.”

Meaning, small amounts of madhi is to be overlooked, and one is not obliged to clean every drop of
madhi that contaminates his garment. This is because madhi is often excreted without knowledge, and
cleaning even such small amount may create a lot of hardship; a small amount is forgiven.

There is a general qa’ida (maxim):

‫ﺍﺫﺍ ﺿﺎﻕ ﺍﻷﻣﺮ ﺍﺗﺴﻊ‬


“If an issue become difficult, then the Sharee’ah relaxes.” - However, one cannot use this rule
whenever they like, otherwise abuse of the Sharee’ah will occur.

Therefore, this ruling is not solely restricted to madhi, but also applies to anything that is small, such
that it will be difficult for one to clean oneself.

16 Buloogh al-Maraam, no.33

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‫ﻭﻳﺴﲑ ﺍﻟﺪﻡ‬

“And also ‘a small amount’ of blood is to be overlooked.”

Likewise, small amount of blood is also to be overlooked for the same reasons, except in liquid
substances.

The proof of that is what has been narrated from many of the companions that sometimes, small
amount of blood or pus etc would surface on their skins, and they would continue with their Salaah.

**********

What constitutes small? There are two extremes are mentioned:

• al-Muwaswas: a person who thinks that even one small drop is a lot.

• The butcher: who is always with blood and it does not bother him.

Small amount is in-between the above two extremes. If you were to see someone with an amount of
blood on their garment that you are disgusted by, this is sufficient to be cleaned.

**********

With regards to blood, there are a number of masaail (issues):

i. Blood from any slaughtered animal is najis (impure).

ii. Any blood that remains in a container or in the surroundings etc after an animal is
slaughtered; it is overlooked.

iii. Insects that have blood that does not flow is taahir - overlooked.

iv. The blood of the shaheed (martyr) is taahir, since the Messenger ordered them to be buried in
their garments.

The scholars differ over why it is taahir; is it because he is shaheed or because human blood is
taahir?

 The majority say that human blood is najas; however there is a riwaayah from Imaam
Ahmad and scholars such as Ibn Taymiyyah, who held the opinion that there is no
strong evidence to suggest that human blood is impure.

The clarification of this is paramount; there is not a single hadeeth that commands
sahaabah who had wounds during expeditions etc to wash before they prayed.

Human blood is taahir unless it covers more than half of ones garment due to
ijmaa’. And Allaah knows best.

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‫ﻭﻣﺎ ﺗﻮﻟﺪ ﻣﻨﻪ ﻣﻦ ﺍﻟﻘﻴﺢ ﻭﺍﻟﺼﺪﻳﺪ ﻭﳓﻮﻩ‬

“And the by-product of blood like pus etc, in small amount is to be overlooked.”

By-products of blood, such as pus etc are also included in the above ruling. It is reported that ‘Umar
split one of his spots, and pus came out, but he did not wash it.

‫ﻭﺣﺪ ﺍﻟﻴﺴﲑ ﻫﻮ ﻣﺎ ﻻ ﻳﻔﺤﺶ ﰲ ﺍﻟﻨﻔﺲ‬

“'A small amount' is that which is not detestable to one’s self.”

As explained beforehand.

‫ﻭﻣﲏ ﺍﻵﺩﻣﻲ ﻭﺑﻮﻝ ﻣﺎ ﻳﺆﻛﻞ ﳊﻤﻪ ﻃﺎﻫﺮ‬

“The human maniy (male sperm and female sexual fluid), and the urine of those animals allowed for
us to eat, are regarded pure.”

The author says the human maniy is taahir, because ‘Aa-ishah used to scrape al-Maniy from the
garment of the Prophet. If it was najis, ‘Aa-ishah would have washed it, instead of scarping it off.

‫ﻪ‬ ‫ﻴ‬‫ﺼﻠﱢﻲ ﻓ‬
 ‫ﻴ‬‫ ﹶﻓ‬,‫ﺮﻛﹰﺎ‬ ‫ﻪ ﹶﻓ‬ ‫ﻮ ﹺﻝ ﺍﹶﻟﻠﱠ‬‫ﺭﺳ‬ ‫ﺏ‬
‫ﻮ ﹴ‬ ‫ﻦ ﹶﺛ‬ ‫ﻣ‬ ‫ﻪ‬ ‫ﺮ ﹸﻛ‬ ‫ﺖ ﹶﺃ ﹾﻓ‬
 ‫ﻨ‬ ‫ﺪ ﹸﻛ‬ ‫ﹶﻟ ﹶﻘ‬
“I used to rub it (i.e. semen) off the garment of the Messenger of Allaah, and then he would pray
in it.”17

As for the urine of animals that are allowed for us to eat, then that is also taahir, because the
Messenger ordered the people from the tribe of ‘Uraina to drink the camel's urine and milk as
medicine.

The Messenger also said: “Pray in the cattle's pen"18, which is usually full of dung, and if it was najas,
he would not have made such a statement.

17 Buloogh al-Maraam, no. 30, 31 & 32

18 Reported by Bukhari

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