Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Seven: on Wiping Over Leather Socks

نظم رسالة ابن أبي زيد القيرواني

The Risālah : A Treatise on Mālikī Fiqh by ʿAbdullah ibn Abī Zayd al-Qayrawānī (310/922 -386/996)

Translated by Alhaj Bello Mohammad Daura, MA (London) (Including commentary from ath-Thamr ad-Dānī by al-Azharī)

 Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Seven: on Wiping Over Leather Socks

This chapter is about the judgement regarding wiping over leather socks, the lack of a defined period of time in for doing that, what invalidates it, some of its preconditions, its description and what makes wiping forbidden.

7.1. Its Judgement

You can wipe over leather socks [It is an allowance to wipe which is understood from the context or from wiping because there must be a wiper, man or women. It is permitted to wipe over leather socks. It is a dispensation, but washing is better than it. The permission applies to what is understood by leather socks. They resemble galouches, which are thick socks with no legs, and they resemble socks which have the form of leather socks, but are made from cotton and covered with leather. The basis for its legality is that the Prophet did it.]

7.1a. Location

Either when travelling or otherwise permitted,

[Wiping over socks is an allowance and so it is not particular to the traveller and it is permitted to do at home and on a journey. In the well-known position, it is not a precondition for the wiping that the journey be for something permissible.]

7.1b. As long as the socks have not been removed provided you have not taken them off.

[Wiping over socks is not limited by a known period of time. It is related from Malik that its maximun length when someone is resident is a day and a night, and three days in a journey. This allowance continues, and it is permitted to wipe over them without limit within that period until he removes them. If he removes them, it is agreed that it is invalid to wipe over them and he should hasten to wash his feet again. If he delays washing them deliberately for as long as it takes the limbs of wudu’ to dry, he does wudu’. He is like the one who is unable and the one who forgets and builds on his wudu’, whether it is long or not. If he removes one sock he must remove the other as well, and wash both feet. It is not permitted to wipe over one of them while washing the other.

7.1c. Preconditions of Wiping

[Wiping has ten preconditions, five of which concern what is wiped and five which concern the person who wipes. The preconditions in what is wiped are:

1. That they are made of leather and are not things like cotton socks  2. They are pure and not impure, like the skin of carrion, even if it is tanned 3. They are not polluted and pierced except something like glue; 4. They must cover the place of the obligation (to the ankles) without missing any of it 5. and he must be able to walk in them without them being overly loose-fitting or narrow. Otherwise, it is not permitted to wipe over them.

The preconditions of the wiper are:

1. That he is not a rebelling against Allah by wearing them, and so the man in ihram does not wipe over the socks or affluent by wearing them. This is when the affluent person wears them to avoid the bother of washing the feet or other things which have the sense of indulgent affluence. Such a person is not permitted to wipe over them and must always repeat it. If he ears to them to protect himself from heat or cold or to imitate the Prophet, then he can wipe over them.

2. He must put them on while pure. The one who puts them on does not wipe over impurity, even they are washed.

3. The one who puts them on in state of purity by tayammum cannot wipe.

4. He must fully wash the limbs of wudu’ before putting them on.

5. He does not just wash his feet and put them on then finish doing wudu’, or wash one foot and then put it on before washing the other. If he removes them at the beginning and then puts them on after full purity or removes theone he is wearing and then and puts it on after washing the second, then he can wipe. The meaning is that the prayer is permitted by it to when he is afraid of going wudu’ on account of the cold.]

7.1d. When the socks were put on

This is if you put them on after you have washed them as part of wudu’ for doing the prayer. It is in this situation that, if you then break wudu’, you are entitled to wipe over your leather socks when doing wudu’.

[This contains some of the preconditions which permit wiping. His words, “after you have washed them” means that they were put on while in a state of purity which is achieved by water. His words, “for doing the prayer” means that it is complete in the senses and meaning. So the one who puts on the socks after wudu’ and having fulfilled all the preconditions is allowed to wipe when he breaks wudu’ by lesser impurity. It is limited to lesser impurity because major impurity invalidates wiping because it obliges that they be washed.]

7.1e. When it is not permitted

In any other case it is not permitted.

[If it is not like that since he was not pure when he put them or or he had purified himself with earth or put them on before his purification with water was complete, then it is not permitted.]

7.2. Description

7.2a. Right Foot and removing impurity

The way you do the wiping is to put your right hand on the top of your foot beginning at the toes and your left hand underneath. Then you pass your hands over your foot as far as the ankle.

[This is the recommended manner of wiping. The ankles are included in thewiping as in wudu’ because that is indicated. It is disliked to follow the creases in it because the basis for wiping is lightening. It is disliked to repeat the wiping or to wash it. If he does that, it is still allowable. It is recommended for him to wipe when he is going to pray to wash them with the intention of wudu’ only or to add the intention of removing mud or impurity, even it if is overlooked. If he washeswith the intention of removing the mud or impurity, or he does not intend anything, it is not enough.]

7.2b. Left foot

You do the same thing with the left foot except that you put the left hand on top and the right hand underneath.

[The hands are reversed here. Ibn Shiblun said that the left is like the right according to the literal meaning of the Mudawwana. What is mentioned about wiping on the top and bottom of the leather socks at the same time is agreed upon. The disagreement is about the amount which must be wiped. Ashhab believes that if he confines himself to wiping the top or bottom of the socks to the upper or the lower, it is enough and he does not repeat his prayer. Ibn Nafi’ believed that it is not adequate. But the well-known position is that it is obligatory to wipe the top and recommended to wipe the bottom. If he confines himself to wiping the upper and prays, it is recommended that he repeat it in the preferred time. It is recommended that he repeat wudu’ and the prayer when he abandons wiping the bottom out of ignorance, intentionally or inability if it has been a long time. If it has not been a long time, he wipes the bottom only. It is like that if he only wipes the bottom out of oversight, if it has been a long time or not. If he omits wiping on the bottom, he always repeats it, intentionally or by ignorance or forgetfulness. He builds on the intention absolutely if he forgets and if he is unable, if it is not long. Some of the shaykhs believe that the sides of the feet are part of the top.]

7.2c. Mud

If there is any mud or dung or your leather socks you cannot wipe overthem until you have wiped or washed it off.

[The dung refers to that of mules, horses and asses. Impure dung must be wiped. It is best to wash off pure mud or dung. ‘Abdu’l-Wahhab said that that is because wiping is done over the socks and this constitutes a barrier over the socks, and so it is obliged to remove it. Al-Fakihi sees it as strong recommendation rather than obligation because if he fails to wipe the bottom of the socks altogether, he does not have to repeat it either in the time or otherwise according to the position of Ibn al-Qasim. According to the position of Ashhab, he only has to repeat it within the time, not any time else.]

7.2d. Another form of wiping

Some people say you should start at the ankles and wipe to the tip of the toes so that any dust on the socks which might get wet does not end up at the ankle end of your socks.

[This is another description of wiping over the socks, i.e. putting the right on the right and the left on the left, and beginning at the ankles to avoid moving the dust on the top of the socks in particular because moving impurity from one place to another must happen in any case, whether he begins from the heels or the toes, i.e. impurity is moved to the top of the sock more than it is moved to the bottom, since if he were not to wipe the tops, the wiping would be invalid, which is not thecase with the bottoms. His words must be examined. When he is asked to wipe the mud and wash the impure dung before wiping, how can it be understood that it is moving an impurity from one place to another, top or otherwise, whether he begins to wipe from the heals or the toes?]

7.2e. Actual mud

But if there is any actual mud on the bottom of your socks you should not wipe over it until it has been removed in any case.

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Six: Tayammum and Its Description

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter FIve: Ghusl

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Four: On How to do Wudū’ and what is Farḍ and Sunnah in it – How to Clean Yourself after Going to the Lavatory with Water (Istinjā’) or with Stones and Other Things (Istijmār)

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Three: On the Purity of Water, Clothing and the Place of Prayer and What Can be Worn When Doing Prayer

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter Two: What Necessitates Wudū’ and Ghusl

Risālah Ibn Abī Zayd – Chapter One: About What the Tongue Should Articulate and About What the Heart Should Believe In Regards to the Obligatory Matters of the Religion

Published in: on March 7, 2021 at 17:54  Leave a Comment  
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