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

نظم رسالة ابن أبي زيد القيرواني
Risālah ibn Abī Zayd al-Qayrawaanī
 
 

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 6: Tayammum and Its Description

6.1 When It is Done

[If you cannot find water, then you must do tayyamum, which is recommended. Linguistically tayammum means aiming for something. The Almighty says, “Do not have recourse to bad things,” (2:267) i.e. aim for them. In the Sharī’ah it is a legal act of worship by which the prayer becomes allowed. This means that the Sharī’ah has judged it. This exists in wudū and ghusl. By it the prayer is permitted when wudū‘ and ghusl are excluded because tayammum is only to make lawful. Wudū‘ and ghusl are done in order to remove impurity. It is obligatory by the Book, Sunna and consensus. The Almighty says, “If you cannot find any water, then do tayammum with pure earth,” (4:43) and in Muslim the Prophet said, “We were preferred over people by three things: our rows were made like the rows of the angels, the entire earth was made a mosque for us and its earth is purification if we do not find water.” The consensus is that tayammum is obligatory when water is lacking or the ability to use it lacking it. There are preconditions for the obligation: Islam, adulthood, sanity, absence of the blood of menstruation or lochia, the arrival of the time, lack of water or lack of ability to use it, and that there is no barrier over the limbs and nothing which precludes it.]

6.1a. On a Journey

If you are on a journey and you cannot find water, you have to dotayammum, provided that you do not expect to find any water before the time for the prayer has finished.

[The situation is that either that there is no water to be found at all or a judgement that he will not find enough water for wudū‘ or ghusl in a journey (or while resident), whether short or not, whether the traveller is healthy or not, and whether the journey is permissible or not, because the allowance for doing it on a journey or while resident does not have the precondition that the journey be for something permissible. If the allowance is only in the journey, like breaking the fast in Ramadan, then the journey must be permissible and it must be a distance of at least four postal stages, like that for shortening the prayer. Thus the mere absence of water is only a reason for the obligation of tayammum when he despairs of finding water or he thinks it probable that there is no water. It is not the case if he is unsure or hopes for water or is certain of finding water within the time. What is meant by the obligation is the widest period of obligation. The one who has despaired is someone who has searched for it in a manner which is not arduous for someone like him. He is only obliged to seek if he hopes to find it or suspects its presence. If he is certain that he does not exist, then he does not look for it in the time. By ‘time’, the preferred time is meant.]

6.1b. Lack of Ability

You also have to do tayammum even when there is water, whether on ajourney or staying in one place, if you are unable to touch water on accountof illness or are disabled by illness to such an extent that although youcould use it, you are unable to get to it and cannot find anyone else tobring it to you.

[This is when there is water and you are unable to use it, on a journey or at home, because of illness which prevents using it since you fear that using it will cause death, loss of use of a faculty or limb, increased illness, delayed recovery, or will actually cause a illness. If he does not fear any of that, but is only pained by it, he must continue to do wudū‘ or ghusl. So tayammum is obliged for someone who is healthy when water exists because he cannot use it because illness would occur, or for a sick person who is able to use it, but does not find anyone to bring it to him, even for a payment equal to the price which the seller would oblige or it or he does not find a vessel or he only finds a forbidden vessel or cannot pay for using it.]

6.1c. Danger

The same applies to someone traveling who is near water but prevented from reaching it because of the fear of thieves or wild animals.

[This is also true about the traveller who is near water but cannot reach it out of fear of thieves as he must preserve his property and the property of others. The property must be more than what he would have to pay to buy water. It must be ascertained that they exist or he thinks that it is probable that they exist. Uncertainty is not taken into consideration. The same applies if he fears for himself from wild animals when he is certain about that or thinks that it is probable.]

6.1d. Certainty About Reaching Water

If a traveller feels certain that he will get to water within the time of the prayer, he avoids doing tayammum until the end of the time.

[Whether he is in a journey where he shortens the prayer or not and he is certain that he will find enough water for wudū‘ or ghusl, it is recommended that that he delay tayammum. The upshot of the fiqh in the matter is that one of the preconditions of the obligation of tayammum is the arrival of the time. The judgement in it varies according to the state of the person doing tayammum because either he is certain that water will exist in the time or he will reach it or he despairs of finding it or reaching it, or he is unsure about finding it or reaching it in time or hopes to find it or reach it in time. The author clarifies these circumstances and indicates it when he says, “If a traveller feels certain.” In fact, it is not particular to the traveller, but applies to all who are permitted to do tayammum due to the absence of water. When he is certain that water exists or that he will reach it within the time or thinks that it is probable that it exists or that he will reach it in time, then it is recommended to delay tayammum to the end of the time.]

6.1e. Certainty About not Reaching Water

If he feels certain he will not get to water he should do tayammum at the beginning of the time.

[This is about the absence of water or the failure to reach it in time after seeking for it. If there is what obliges seeking, then it is recommended that he do tayammum at the beginning of the time to obtain the excellence of the time because the excellence of water is despaired of. That is how it is judged by the one who thinks it probable that it will not exist within the time or will not be found in it.]

6.1f. Uncertainty About Reaching Water

If he does not know whether he will get to water or not, he should do tayammum in the middle of the time. This also applies to someone who is afraid that he will not be able to get to water but nevertheless hopes that he will.

[If he is unsure about finding it, it is recommended to do it in the middle of the time. It is affirmed by Shaykh Ahmad Zarruq that what is meant is uncertainty about reaching it. He said that there is no difference between it and what before it according to the Mālikī School. Although it is sound from the aspect of the judgement, the author’s words imply a difference when based on what is meant by the one who hopes. He said that the words of the author contain something different from the position of the School. That is because his literal words say that the one who hopes does not delay, but does tayammum in the middle of the time. It is not as he said. His judgement is that of the one who is certain and the one who is certain delays to the end of the time. Ibn Harūn said, “I do not know of anyone who transmitted that the one who hopes does tayammum in the middle of the time except Ibn Abī Zayd. Ibn Nājī said that it is possible that it refutes his words. According to the words of Ibn Nājī by “fears” the author means “suspects“.]

6.2 Finding Water after doing Tayammum

If, under any of these circumstances, you do tayammum and do the prayer and then come across water within the time of the prayer the following judgements apply.

[These seven who can do taymmum are: the sick person who cannot touch water, the sick person who cannot find anyone to bring him water, the traveller who is near water but is prevented from reaching it by fear of thieves or animals, the traveller who is certain that water will exist within the time, the one who despairs of finding it within the time, the one who has no knowledge, and the fearful one who hopes to find it. This is what happens if such a person (except for the sick person who cannot use water then find water or the sick person who can, but does not find anyone to bring him the water) finds water. Finding water means having the ability to use it, its existence, or the existence of a vessel to bring it.]

6.2.a A Sick Person

A sick person who could not find anybody to bring water to him should do the prayer again.

[It is recommended that he does the prayer again within the time. The rule for the sick person who does not find anyone to bring him water or any vessel with which to bring the water is to delay tayammum to the middle of the time. If he does the necessary tayammum in the middle of the time and prays and then before the end of the time of the prayer then that which stops him from using the water is removed, as when he finds what will enable him to obtain it, then it is recommended for him to repeat the prayer within the time if he is restricted in that people do not come in to him often. If people come in to him often, then he has no restriction, then he does not have to repeat it.]

6.2b. A Fearful Person

This also applies to someone who was afraid of wild animals or other dangers of that sort, and to a traveller who was afraid he would not get to water but hoped that he would. If you have done tayammum for any other reason, you should not repeat the prayer.

[The one who fears for himself from wild animals or for his property from thieves is like the sick person who does not find anyone to bring him water in the time. It is recommended that he repeat the prayer when he gets water within the time. The result is that when the person who is afraid of animals does tayammum in the middle if the time, it is recommended that he repeat it in the time with four provisos. That is that he is certain that water exists or that he will find it were it not for his fear. His fear must be definite or likely and he ascertains the absence of what he fears and the existence of water itself. If he is not certain that it exists or that he will reach it, or what he fears is clear, or none of it is certain and someone else finds it, he does not repeat if. If his fear is a simple doubt, then he always repeats it. ]

6.2c. A Traveller

and to a traveller who was afraid he would not get to water but hoped that he would.

[When he finds water within the time, it is recommended that he repeat the prayer he has prayed in the time allotted for it, which is the middle. Part of the subject is that it is better if it is advanced. What is meant by ‘fear’ in the words of the author is uncertainty about reaching it. It is recommended for the one who prayed in the time allotted to it to repeat it within the time. That is even more the case if he has advanced it. As for the one who is unsure about whether it exists, if he does it before the middle of the time allotted for it, then he repeats it. If he prayed in the middle of the time allotted for it, he does not have to repeat it. The difference between them is that the one who is unsure about reaching it, has a sort of falling short and so he is asked to repeat it. As for the one who is unsure about whether it exists, he relies on the basis, which is its non-existence.]

6.2d. Other Reasons

If you have done tayammum for any other reason than these three, you should not repeat the prayer.

[It appears from his words that the one who despairs does not repeat the prayer when he finds water absolutely. It is not like that, and it must be explained. If he finds the water which he despaired of, he repeats it. If he finds other water, he does not repeat it. It also seems from his words that someone who finds water in his bag or saddle or forgets it is there and then remembers it, does not have to repeat it. The one who acts deliberately in the three cases has to repeat it, which differs from the literal words of the author.]

6.3 Frequency

6.3a. Number of Fard Prayers with One Tayammum

You should not pray two fard prayers with one tayammum except if you are ill and cannot touch water because of some harm to your body which will last at least until the time of the next prayer.

[None of those seven categories should pray two obligatory or sunna prayers at home or on a journey. whether they share in the time or not, with the same tayyamum except for the person with a constant illness which will continue to the time of the second prayer. It may happen that he does not do the first prayer in its time, either intentionally or by forgetfulness or ignorance. In that case he can pray them both together with one tayammum. This is a general judgement for prayers at home and on a journey.]

6.3b. For Each Prayer

Although there are some who say that even in this situation you should do tayammum again for each prayer.

[For each obligatory prayer, whether he is healthy or ill, travelling or at home.]

6.3c. A Number of Missed Prayers

It has been related from Mālik that someone who remembers not having done a number of prayers can do them with one tayammum.

[This is a number of fard prayers which he missed by forgetfulness or by sleeping through them or deliberately not praying them and then repenting and wanting to make them up: he can pray them with one tayammum, whether healthy or ill, travelling or at home. The first statement is by Ibn Sha’ban and the second is by Ibn al-Qasim and is the famous one. This is why it was rejected by the shaykh when he was ill at midday when someone else suggested it to him. According to the well-known position, if he disagrees and prays two prayers with one tayammum, whether they are shared or not, he does not ever have to make up the second. According to his words at the beginning of the chapter about the time, one does tayammum for the obligatory prayer absolutely, even for Jumu’ah. That is not the case, since the healthy person who is resident does not do tayammum for Jumu’ah since it is a substitute for Dhuhr. He prays Dhuhr with tayammum, even at the beginning of the time. If he prays Jumu’ah with tayammum, that is not acceptable. The sick person and the traveller can do tayammum for it. It That is also the case with the funeral prayer. The healthy resident does not do tayammum for it unless it becomes a specific obligation for him since no one else is found who can pray it nor is it possible to delay it until he can obtain water.]

6.3d. Voluntary Prayers

[As for the sunnahs and the voluntary prayers, the traveller but not the heathy resident person does tayammum for them, i.e the one who is obliged to do tayammum because of lack of water. The judgement of the healthy resident for whom tayammum is obliged out of fear of illness is like that of the sick person and he does tayammum for Jumu’ah and the funeral, even if it is not a specific obligation, and for the sunnah and voluntary prayers. If he intends an obligatory prayer by his tayammum, he is permitted to pray the voluntary prayer with it afterwards with the precondition that it is connected to the obligation, even if he did not intend the voluntary prayer after the obligatory. It is limited to prayers which are after the obligatory, although if he prays a voluntary prayer before it, it is valid by his statement, ‘provided that it is connected to the obligatory.’ If there is a long separation or he leaves the mosque, he must repeat his taymmum if he wants to pray the voluntary prayers. A short separation is overlooked. That is defined as about the length it takes to recite Ayat al-Kursi. It is also a precondition that he does not do more than the voluntary. What is “more” is defined by custom.

6.3e. What Can Be Used for Tayammum

Tayammum is done using pure surface earth, that is any substance on the earth’s surface such as soil, sand, stones, or salt deposits.

[“Pure” is how the people of firm knowledge and those who know fiqh explain “tayyib” where Allah says,”do tayammum with clean earth,” Tayyib means pure earth in Arabic and that is what Mālik said. Mālik said that sa’id means what is on the surface of the earth in accordance with Arab usage. Others believe that the sa’id in the ayat designates pure earth found on the surface of the earth or brought out from inside of it. This includes salt desposits, and secretions. Tayammum is not done deliberately on wood, plants and grass and groups. The literal meaning of his words is that tayammum can be done on stones, even hard ones, if there is no soil as long as it has not been baked. It is not permitted to do tayammum on lime nor baked bricks, which are red bricks. Tayammum can bedo ne on soil, whether it has been moved or not, although it is better when it is not moved by agreement. The first is based on the well-known position. One does not do tayammum on other things than earth. Things like salt, alum, sulphur, copper and iron are not used for tayammum except in their original place or moved from one place to another. But it is cannot be in a form which is firm in people’s hands, like medicines. As for what can be held in people’s hands like medicines, it is not valid to use them for tayammum.]

6.4 How to do it

6.4a. Beginning Tayammum

To do tayammum you hit both hands on the ground – if anything clings to them it should be lightly shaken off –

[This clariifies how tayammum is done. He strikes both hands on the ground. If he is missing a hand, he does tayammun with the other. If he is unable to do it, someone does it for him. If he cannot delgate someone, he rubs his face in the dust. What is meant by ‘striking‘ is not actual striking. What is meant is to place his hands on the surface used for tayammum, soil or whatever. This ‘striking’ is an obligation. It is not a precondition that anything clings to his hands. If something clings to them, he shakes them lightly so that some people consider this shaking as one of the meritorious parts of tayammum so that it does not harm his face.]

6.4b. The Intention

[Before beginning, the one doing tayammum must intend earth and nothing else with which tayammum is not valid. He must intend to make the prayer lawful or intend the obligation of tayammum in the first striking. If he is in minor impurity, he intends to make the prayer permissible from the lesser impurity. If he is in greater impurity, he intends to make the prayer lawful from the greater impurity. If he does not call the major impurity to mind and thus omits the intention regarding the greater impurity intentionally or by forgetfulness, and prays with that tayammum, then he must always repeat the prayer. If he intends the greater impurity, believing that he has it and then the opposite is clear, then it allows the lesser. When he intends the obligations of tayammum, it is enough for him, even if the intention of the greater does not occur to him, If he intends to remove the impurity, it is enough enough for him in the well-known position. Tayammum does not remove lesser impurity. It only makes the prayer permissible.]

6.4c. Wiping the Face

then using both of them you wipe over your whole face.

[After shaking his hands, then he wipes his face and does not omit any of it. He does not miss the cartilage of the upper ear and other things. If he leaves any of the wiping of all of the face, even a little, then it is not allowed. He begins from the top, as in wudu’ and runs his hands over the length of it to his beard. He passes over the lines of the face, because the basis of wiping is doing it lightly.]

6.4d. Striking the Ground a Second Time

Then you hit both hands on the ground again

[The second blow is for wiping the hands by way of sunnah. It is not said how the obligation is done in a sunnah manner because we say after the obligation that the second comes after the first so if he fails to strike the earth the second time and then wipes his face and hands with the first, it is adequate.]

6.4e. Wiping the Hands

and then wipe your right hand and arm with your left hand. To do this you put the fingers of your left hand on the tips of the fingers of your right. Then you slide your fingers down the back of your right hand and arm, as far as the elbow, folding your fingers round it as you do so. thoroughly.

[The recommended manner of wiping is to first wipe the right with the left, putting the fingers on the right on the left except for the thumbs. The palm is passed over the top of the hand and arm to the elbow. It appears from the words of the author that the elbow is not wiped because it is the end. It is said that he meant including the elbows as is done with wudu’ since tayammum replaces it. Wiping to the elbows is sunna, and to the wrists is obligatory according to what is in al-Mukhtasar. Al-Bisami adds to it by saying that the well-known position of the school is that wiping is to the elbows is obligatory. The dispute is when it is confined to the wrists and he prays. The well-known position is that he repeats the prayer if still within the time. An opposite position is that he must always repeat it. This consequence is rejected. Al-Muqaddamat (Ibn Rushd) prefers that which is followed in al-Mukhtasar, and Qadi ‘Iyad summarised it in his Qawa’id, and it is preferred.

The well-position of the school is that the fingers go between each other, and that is by the flat sides of the fingers, not the sides because they have not touched earth. The well-known position is also that a ring is removed and moving it from its place can be done instead of actually removing it. The difference between tayammum and wudu’ is said to lie in the fact that the ring is removed in tayammum but not in wudu’ because of the force of the water flowing in wudu’ which is not the case with earth.

6.4f. Wiping the Inside of the Right Hand

Then you put your palm on the inside of your arm and, gripping your arm, slide your hand from your elbow just back as far as your wrist

[After wiping the outside of the right hand, using the palm, because the fingers because the fingers were already use on the outside of the hand except for the thumb.]

6.4g. The Thumb and then run the inside of the left thumb over the outside of your right thumb.

[This is because it was not wiped before. What he mentioned about wiping the thumbs was also mentioned by Ibn at-Talla’ who is Muhammad ibn Farāh, the shaykh of the fuqahā‘ in his time. The literal of the transmission, which is relied upon, it wiping the outside of the right thumb with the outside of the fingers. Al-Fakhānī said, “I do not know of anyone of the people of language who transmit that the thumb is the largest “finger“].

6.4h. The Left Hand

You then wipe over the left hand and arm in the same way and after reaching the wrist you wipe your right palm with the left down to the tips of the fingers.

[After finishing the right, then do the left to the wrist. The tips of the fingers designates the inside of the palm and fingers. Observe how he is silent about the left palm unless he says that each of them wipes and is wiped. This is the description which the shaykh mentioned and it was also mentioned by Shaykh Khālid. He begins with the outside of the right hand with the left and moves to the left before completing the right. This was transmitted by Ibn Habīb from Mālik. Ibn al-Qāsim said, “He only moves to the left after finishing the right.” Al-Lakhmī and ʿAbdul-Ḥaqq preferred that. The position of Ibn al-Qāsim is preferred. The basis of the preference is that moving to the second before completing the first misses out the excellence of proper order between right and left. Some of the shaykhs recommend the transmission of Ibn Habīb so that he does not wipe the dust onthe palm, but the one with the reliable position says that the remaining of the dust is not sought aso that its judgement should be observed.]

6.4i. Other Methods of Wiping

If you wipe the right with the left or the left with the right in some other way that you find easy, that is acceptable as long as it is done fully.

[If you differ from the recommended manner, your tayammum is still allowed. It only differs from the best manner. One can deduce from his words, “done fully” that if he does not wipe his forearms, it is not allowed because the arms are mentioned in wiping. The well-known position is that if he confines hismelf to the wrists and then prays, then he repeats it within the time.]

6.5 Judgements About Someone in a Major State of Impurity

6.5a. Tayammum for janābah or end of menstruation

If someone is in a state of janābah, or has been menstruating, and cannot find any water to do ghusl with, they should do tayammum and do the prayer and then when they find water they should do ghusl.

[Even if someone like this finds enough water for wudu’, they still do tayammum following the previous information regarding the possibility of finding water which is not repeated here. Tayammum is obliged when there is no water. He mentions it here to refute those who say that someone in a state of janābah and or a woman who has been menstruating do not do tayammum.]

6.5b. Not Repeating Prayers Done with Tayammum They do not have to repeat any prayers they have done.

[Because their prayer occurs in manner which is commanded. The literal import of his words is that that is the case in the time or after it. It is explained that it is repeated within the time in the instances which were already mentioned. Its literal meaning is that is the case or not whether there is impurity on their bodies. It is the text of the Mudawwana and it restricted by there not being any impurity on the body. If there is impurity in his body and he prays with it by forgetfulness and they remember after they have finished, then they repeat it within the time. The statement of the author about not repeating it is informing about when water is found after they have prayed with tayammum. If there is water before the prayer, and there is enough time for ghusl and the prayer, even a rakʿah, within the time, then tayyamum is invalid. If they find it after the time has begun and before it finished, even if the time is ample, or the time has begun, but there is not enough time for a ghusl and still catching a rakʿah, they pray with tayammum.]

6.6 Further Judgements about Tayammum

6.6a. Taymmum Does not Make Intercourse Permissible A man cannot have sexual intercourse with his wife if she has just finished menstruating or the bleeding after childbirth if she has only purified herself by tayammum until there is enough water for her to do ghusl first and both of them to do ghusl afterwards.

[This is whether she is a Muslim or a kitābī or a concubine. According to the well known position, it is forbidden for him to have intercourse with her. This does not only imply to actual intercourse, but enjoying her between the navel and knee, even through a barrier, is unlawful. Finding water can either be his responsibility or the responsibility of both.]

6.6b. Water for Ghusl after Intercourse

[There must be enough water for ghusl on account of bleeding and then for ghusl on account of janābah. This explains the words at the end of the book about not approaching a woman bleeding from menstruation or lochia because the literal meaning is would be that when the bleeding stops, he is permitted to have intercourse, and so here he explains that even if menstruation has stopped, intercourse is not permitted, even with tayammum. Intercourse is forbidden in the well-known position beause tayammum does not remove impurity. It only makes the prayer permitted. The words of author show that tayammum is called ‘purification,’ and that is indeed the case since the Prophet said, “Its earth is pure.” It is also called wudu’ by since the Prophet said, “Tayammum is the wudu’ of the Muslim.]

6.6c. Avoiding Janābah if There is No Water

[It is also deduced from this that he if he does not find water, he should not voluntarily bring about a state of janābah in himself. That is the position of Mālik in al-Mudawwana, i.e. that it is disliked. if he does tayammum for the lesser impurity, he should not bring about janaba in himself so that he has to do tayammum for the greater impurity. This does not negate what was already stated about the unlawfulness in the statement of the author about having intercourse, because the unlawfulness comes from his going to have intercourse with her when she has purified herself from menstruation by tayammum. This is is when he does not fear any harm to his body or fear fornication. If he is physically harmed by the length of time or fears fornication, then he has intercourse and does tayammum. Other matters relating to tayammum will be mentioned in the general chapter on the prayer.

Published in: on January 3, 2021 at 22:16  Leave a Comment  

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter 5: Ghusl

نظم رسالة ابن أبي زيد القيرواني
Risālah ibn Abī Zayd al-Qayrawaanī

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 5: Ghusl

Evidence for it and its preconditions were already mentioned in the chapter on wudū’. The description of ghusl contains obligations, sunnas and meritorious elements. The author did not clarify which are the obligations and so we will make that clear. There are five obligations:

1. Covering the entire body with water;

2. the intention;

3. lack of interruption;

4. rubbing; and

5. making water penetrate the hair, whether it is thick or there are thick plaits.

There are five sunnahs of ghusl:

1. washing the hands to the wrists first:  

2. rinsing the mouth;

3. sniffing water up the nose;

4. blowing water out the nose;

5. and wiping the earholes. He wipes whatever he can wash of them. The description of the washing is to take water in the hands and tilting his head so the water can reach the inside of his ears. He does not pour water into his ears because that would entail harm.

Its meritorious parts are seven:

1. the Basmala;

2. beginning by removing filth from the body;

3. washing all the limbs of wudu’ before the bath;

4. beginning with the upper body before the lower;

5. beginning with the right side before the left;

6. doing the head three times; and

7. using a small amount of water while doing ghusl completely.

There are five disliked things:

1. reversing the order of the actions;

2. pouring a lot of water;

3. repeating the washing after having done it fully;

4. doing ghusl in the lavatory or in a filthy place; and

5. to purify oneself while showing the private parts. Ghusl is washing which covers the entire surface of the body accompanied with rubbing because the reality of ghusl consists of both.

5.1. Things which make ghusl obligatory

5.1a. Janaba

You must do ghusl because of janaba

[Janaba results from two things: ejaculation and the disappearance of the end of the penis in the vagina.]

5.1b. End of Menstruation or Lochia 

or at the end of menstruation and the bleeding after childbirth.

[At the cessation of the bleeding of both states, in both attribute and judgement. Some of them say that it is attribute rather than judgement which was already discussed. You are aware of the similarity in the attribute, but not in the judgement. The attribute is not specific to the obligation.]

5.2 Ghusl With or Without Wudū’

5.2a. Ghusl without wudu’

If, when doing ghusl, you do not include wudū’ it is acceptable

[If the person who is purifying himself orherself from janaba, menstruation and lochia confines himself to ghusl without wuduu’, the ghusl satisfies wudū’ and so he can pray with that ghusl without doing wudū’ if he has not touched his penis since the minor impurity is included in the major impurity. This is when ghusl is obligatory, like the ghusl for janaba. As for the ghusl which is sunna or recommended, it goes not satisfy wudū’.]

5.2b.What to Do First

but it is better to do wudū’, having begun by washing off any impurity from the private parts or the rest of the body.

[ It is better for the one who is purifying himself from janaba and the like to perform two meritorious actions, one of which is to begin by washing the private parts or any filth on his body. If he washes it with the intention of janaba and removes the filth, that is enough for him in the well-known position. He does not have to repeat his ghusl a second time. If he washes with the intention of removing the impurity and then does not wash it afterwards, it is not enough by agreement. The second meritorious action is wudū’ before washing his body to honour the limbs of wudū’.]

5.2c. Doing Wudū’ First

after This You Do wudū’ as you would for the prayer.

[Based on his previous statement that it is better for him to do wudū’, which linguistically is washing the hands to the wrists. So he completes the wudū’ which he would do for the prayer. This would necessitate that he washes off any filth on the body or private parts before washing his hands. That is not the case since washing the hands is put first. So it is better to say that he speaks first about the judgement, and secondly about the actual description.

Another matter remains. It is whether he repeats washing the hands a second time after washing his penis without the intention of janaba or not. The hadith of Maymuna demands that after the filth is removed, the hands are not washed again. That is the definite position of some people, but most of the commentators of Khalil say that he washes them again.]

5.2d. The Question of the Feet

If you want to, you can include your feet, or if you want, you can leave them to the end.

[His words show that he can choose between washing his feet before washing his body or delay that. Some of them therefore say that he can choose between washing his feet before or later. The well-known statement is that he washes his feet before absolutely whether the place where he washing is clean of filth or not. The evidence for the accepted position is in the Muwaṭṭa’ that “whenever the Messenger of Allah performed ghusl for janaba, he would begin by washing his hands, and then did wudū’ as for the prayer. “So it is clear that he did a full wudū’, which is the school of Mālik and ash-Shafi’i. Al-Fakhani said that it is the well-known position. It is said that he can absolutely delay washing them whether the place is clean or not. The position about delaying them is more evident than the well-known position based on what is in the two Sahīh collections that the Prophet used to delay washing his feet to the end of his washing and then he would wash them.]

5.3. Description of Wudū’

5.3a. Putting the Hands in the Vessel

Then you immerse your hands completely in the water container, take them out without holding any water in them, and rub the roots of your hair with your fingertips.

[After he has finished wudū’, he puts his hands in the vessel if it is open. If it is closed, he pours the water on them. He takes them out uncupped without any actual water other than the traces of the water and he rubs the roots of the head, beginning from the back of the skull. There are two benefits in rubbing in fiqh: the speed of making water reach the skin, and medicinal, which is that it prepares the head for the water so that it will not be harmed when the water is poured on it afterwards since the pores of the skin will be closed.]

5.3b.Three handfuls of Water

You then take out three handfuls of water washing your head throughly with each one.

[After finishing rubbing the roots of head, water is scooped on the head three times while rubbing his head with them. The entire head must be covered with each of the three handfuls and there must not be less than three, even if it is all covered with one and does his separate parts with it. If three is not enough, he does more until it is covered.]

5.3c. Women’s Hair

Women do the same as this. They gather up their hair and do not have to undo their plaits.

[The woman washes filth off and does wudū’ first and wets the roots of the hair as a man does. She gathers up and holds her hair and it is neither obligatory or recommended in the ghusl for janaba or menstruation for her to undo her plaits. The evidence for what he said is in Muslim where Umm Salamah said, “Messenger of Allah, I am a woman who keeps her hair closely plaited. Do I have to undo it for ghusl after sexual defilement?” He replied, “It is enough for you to throw three handfuls over your head and then pour the water over yourself. Then you will be purified.” It is an argument for the one who says that rubbing is not a precondition because the pouring washes away. As the woman is not obliged to undo her plaits, she is not obliged to remove her ring, even if it is tight, or her bracelets, nor is it obligatory for a man to remove a permissible ring, even if it is tight.]

5.3d. Pouring Water on the Right Side

You then pour water over your right side, then over the left, rubbing the body with both hands immediately the water has been poured so that the whole body is covered.

[After washing his head, he begins to wash his body by washing the entire right side beginning from the top and then does the same with the left side. It is obligatory to rub it in the well-known position. From what he says it appears that he does not rub after pouring water on the right side until water is poured on the left side. When water is poured on the left side, he rubs both sides. Something similar is stated in Tahqiq al-Mabani. It is clear that he rubs the right side before pouring on the left side. That is how you find it elsewhere. He rubs with both hands if that is possible. It is not possible, he delegates someone else to do to do the rubbing. The area between the navel and knees can only be rubbed by someone who can touch that directly – a wife or slavegirl. If he does not find anyone to do that, it is enough to pour the water over his body without rubbing. If he delegates someone when it is not necessary, that is not allowed in the well known position. The rubbing should be done after the water has been poured, and that is evident.]

5.3e. Covering the Entire Body

If you have any doubt about water reaching any part of your body you pour water over it again,

[The water must cover all the body to discharge the responsibility and it is only satisfied when he is certain. If there is any doubt about whether or not the water has reached the limbs of person performing the bathing, then he is obliged topour water over himself again, and it is not enough to wash it with water still on his body.]

5.3f. Rubbing

rubbing with your hand until you are certain every part of your body has been covered.

[There must be rubbing or whatever takes its place if that is impossible. It is like that when he is unsure about whether or not he has rubbed a place on his body. He takes water again and rubs it until he is certain of that. It is enough that he thinks it probable, differing from those who say that it is not enough. If it is enough to make the water reach the skin, which is agreed upon, it is better to carry out the rubbing which is disputed. He must repeat until he is sure that his entire body has been covered.]

5.3g. Inaccessible Areas

You must make sure that you include the inside of the navel, under your chin, that you put your fingers right through your beard, that you rub under your armpits, between your buttocks and thighs, behind your knees, not forgetting the heels and the soles of your feet. You also make sure you rub between each finger.

[The water and rubbing must include all these areas, the throat and that which is under the beard, putting the fingers through the hair of the beard. The hair of the head is not mentioned because it was already dealt with, and other hair must be washed as well, like the eyebrows, eyelashes, moustache, armpits and pubic region. Inside the navel must be washed, which a place where dirt gathers, between the buttocks which must be relaxed so that water reaches the folds of the anus, but not inside the anus. Also inside the thighs, which is between the anus and penis, behind the knees, and the soles of the feet. It is obligatory to put water between the fingers which would have been covered a prior wuduu’. Otherwise it is done in ghusl. He does not mention things which are far from water, like the lines of the brow and hollows of the outside eyelids and under the nostrils and other places since that was covered in wudū’.]

5.3h.The Feet

If you have delayed washing your feet, you wash them last, thereby completing both your ghusl and your wudū’.

[If they were not washed first, then they are washed, completing the obligatory ghusl and recommended wuduu’. If he delayed washing the feet in wudu’, he washes them with the intention of wudū’ and ghusl.]

5.4. Avoiding Touching the Penis:

5.4a. After the Ghusl

You should be careful not to touch your penis with the inside of your hand when rubbing your body but if you do, having already completed your ghusl, you have to do wudū’ again.

[When he does wudū’ on account of janaba after washing the uncleanness from his private parts with the intention of removing janaba, he should be careful about touching the penis. It is mentioned because it is the most common of several things which break wudū’. Wudū’ is only obliged by touching the penis with the inside of the hand. It appears from this that wudū’ is not obliged for touching the penis unless it is done with the inside of the hand. That is the position of Imam Ash-hab. The school of Ibn al-Qāsim is that wudū’ is obliged for touching the penis with the inside of the hand or the fingers. In the Mukhtaṣar of Shaykh Khalīl, he adds “or by the sides of the fingers”. If you touch the penis deliberately or forgetfully and you have finished wudū’, then wudū’ must be repeated if you want to pray. Otherwise it is not necessary to repeat it until you wish to pray. as is the case with other ritual impurities. It is necessary to have an intention to repeat wudū’ if he wants to pray, because his major impurity has been removed and so some say that the intention for wudū’ must be renewed which is agreed upon.]

5.4b. Touching the Penis Before Ghusl is Completed

But if you touch it at the beginning of your ghusl, after having washed the areas included in wudū’, you should then go over them again with water in the right order and with the intention of doing wudū’.

[All or part, as is transmitted from Abu ‘Imraan. It makes no difference whether he washes them first and then touches or whether he has washed some of them. Following the correct order is recommended. We consider that the correct sequence in wudū’ is sunnah. It is evident that he means that it is not obligatory in the sunnah. It is said that it is referring to the obligations of wudū’, its sunnahs and its meritorious actions. It is said that it refers to making water flow on the limbs and rubbing. On this basis and on the basis of what is before it it must mean that it is obligatory.

There is disagreement about the renewing the intention of wudū’. The author says that it is obliged to renew the intention of wudū’. If he intends to remove the major impurity, that is not enough. He is in the position of someone doing wudū’ who is not in janaba who intends to remove major impurity. Al-Qabisi says that he is not obliged to renew it. The basis of the disagreement is whether each limb which is purifies first or its own is purified without the full completion. If we said the first, then it is obliged to renew it because its purity has gone with the ritual impurity and so it is obliged to make an intention to wash it again. If we state the second, then it is not obliged to renew it because it remains and so we include it in the intention for the greater purity.]

Published in: on December 10, 2020 at 21:57  Leave a Comment  

Risālah ibn Abī Zayd al-Qayrawaanī – Chapter 4: 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

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)

Chapter 4: On How to do Wudū’ and what is Fard and Sunnah In It (Wudū) – How to Clean Yourself after Going to the Lavatory with Water (Istinjā’) or with Stones and Other Things (Istijmār)

4.1 Istinjā’ (Cleansing With Water in the Lavatory)

[Istinjā‘ is to wash the place of filth with water, It (Istinja) is derived from najaa, to rescue or to deliver from. It is as if the one who does istinjā’ removes something offensive from himself. Istijmār is to use small stones to remove offensive matter on the place].

4.1a. Not Part of Wudū

Cleaning yourself with water after going to the lavatory should not be considered a part of wudu’, being neither one of its sunnah nor its farḍ aspects.

[It is neither obligatory, sunnah or recommended to connect wudu’ to istinjā. It is a separate form of worship which is distinct from wudū’ in time and place. It is not considered one of the sunan nor one of the obligations nor one of the merits of wudū‘. Its aim is to clean the place in particular. It is recommended that it precede wudu‘. If he delays it, then he must be careful about touching his penis which would break his wudū‘.]

4.1b. Its Purpose

However, you have to do it in order that all impurities are removed before doing the prayer. You do not have to make a special intention before doing it.

[Istinjā‘ is to remove impurity and so it is obligatory that it be done with water, as istijmār is done with stones so that he does not pray with impurity on the body. Part of what indicates that it is part of removing impurity is that it is enough that he remove it without intention.]

4.1c. Impurity on Clothes

The same thing applies when washing impurities off clothes.

[Cleaning impurity from clothes does not require an intention.]

4.1d. Description of Istinjā

The way you wash yourself after going to the lavatory (istinjā‘) is first of all wash your hand and then the end of the penis where the urine comes out. You then wipe any impurity from your anus using hard earth or other things or your left hand, which you should then wipe on the ground and wash.

[The full description of istinjā’ is that after he has removed anything by lightly using his fingers, he takes his penis in his left hand with his index finger and thumb and then lightly pulls it from the bottom to the glans. Then he wipes any impurity from his anus with clods or anything which can be used for istijmār. Then he washes his left hand fearing that any unpleasant smell will remain on it. Then he does istinjā‘ with water, but he first washes the place of urine before the place of faeces so that his hand will not be impure. Combining istijmār and istinjā‘ with water is better since the Prophet did that.]

4.1e. Further Cleaning

After this you wash your anus by pouring water over it which you continue to do while at the same time relaxing it a little, rubbing the area thoroughly with the left hand until it is clean.

[ You continue to pour water without letting up because it is more helpful in removing filth. You relax the anus a little because there are folds in it. When water touches it, it contracts. When it is relaxed, it can be washed. The place is rubbed with the hand while the water is being poured until it is cleaned of noxiousness. It is enough that he thinks it probable if he is able to do that. If he is not able to do it because his hand is cut off or short, he delegates someone who is able to touch that place, be it wife or concubine. He does not do wudū’ when he leaves that without washing it.]

4.1f. What is Unnecessary

You do not have to wash the inside of either of the two openings.

[It is not recommended or sunnah to wash inside the openings. For a man, there is only one opening, because the urethra has no opening.]

4.1g. In Case of Breaking Wind

You should not do istinja’ on account having broken wind.

[It is forbidden to do this cleansing on account of wind. The basis for that is the words of the Prophet,”The one who does istinjā‘ on account of wind is not one of us.” There is no text which clarifies whether the prohibition is one of prohibition or one of dislike. The hadīth can imply either.]

4.2 Istijmār (Cleansing with Stones)

4.2a. Number of Stones

When doing istijmār it is sufficient to use only three stones provided that the last one comes out clean,

[Istijmār is done with three stones. When the last one comes out clear of noxiousness, then that is adequate, even if water is available. One might conclude from his words that istijmār using less than three stones is not permissible. But the well-known position is that it is based on cleanness, even if it that is achieved with only one stone.]

[Ibn Juzayy points out that it should be an odd number.]

4.2b. Water is Better

but using water is more purifying, more pleasant and preferred by the men of knowledge (ʿulamā‘).

[It is understood from his words that the stones are enough, even if water exists, out of the fear that someone might imagine that is the same as using water and that they are equally excellent. That possibility is eliminated by his words that water is “more purifying” because neither substance nor trace remains when it is used while the stone only removes the actual thing, and water is better because it removes doubt. It is preferred by scholars, with the exception of Ibn al-Musayyab who said that using water is the action of women and implies that it is part of their obligation, i.e. specific to them and they are not allowed to use stones, as it is specifically necessary in menstruation, lochia and sperm, i.e. in respect of the one obliged to do tayammum because of illness or when he does not have enough water for ghusl, but does have enough water to remove the impurity. Water is also specifically necessary when a lot spreads out from the orifice when it is more than is customary.]

4.3 Washing the Hands Before Wudū’

If someone has neither urinated nor defecated but is doing wudū’ because he has broken it in some other way or has been asleep or has done something else which makes it necessary for him to do wudū‘, he should wash his hands before he puts them into whatever water container he is using.

[If someone has not urinated nor defecated or anything else which would require istinjā‘, like madh-yu and wadiy-yu, and wants to do wudū‘ because he has broken wind or done something else which obliges wudu‘, like apostasy, uncertainty about impurity, becoming a Rafidite [extreme Shi’ite], and other reasons like sleep, intoxication and unconsciousness, in following the sunnah, he must wash his hands first even if there is nothing on them which demands washing them as when they are both clean. Washing the hands to must absolutely be done whether he does istinjā‘ or anything else]

4.4 Sunnahs and obligations of Wudū

4.4a.Washing the hands to the Wrists

The sunnahs of wudū‘ include: washing the hands before putting them into the water container,

[One of the sunnahs of wudū‘ is to wash the hands to the wrists before putting them in the vessel. The sunnah of washing the hands before putting them into the vessel is when there is little water and it is possible that it might be used up. Otherwise it is not sunnah to wash them before putting them in the vessel.]

4.4b. Rinsing the Mouth

rinsing the mouth,

[Rinsing the mouth is a sunnah: it is to move water about in the mouth and spit it out. If he swallows it, it is not the sunnah. Also if he opens his mouth so the water runs into it, it is not the sunnah. The water must be moved about in the mouth and then spat out.]

4.4c. Sniffing up Water

sniffing up water into the nose and blowing it out again,

[One of the sunnahs is to to put water in the nostril by inhaling and if water is put up the nose without sniffing, that is not the sunnah. To blow it out, he puts his forefinger and thumb of his left on his nose and blows out the water from the nostrils using his breath.]

4.4d. Wiping the Ears

and wiping the ears. These are all sunnah actions,

[It is a sunnah of wudu‘ to wipe the outside and inside of the ears. The outside is what is next to the head and the inside is what is beside the face.]

4.5 Obligatory Elements of Wudū

the rest being obligatory (farḍ).

[The rest of wudū‘ is obligatory. This sentence is unclear since the rest of wudū‘ includes aspects which are sunnah, like repeating the wiping of the head, renewing the water for the ears, and the correct sequence, and that which is recommended, like saying the Basmala at the beginning. The answer to that is that his words, ‘the rest being obligatory‘ means the rest of the limbs which are washed and wiped independently since it is obligatory to wipe the head, and repeating it is dependent on it. The rest of the limbs designates independent obligations. Renewing the water and the correct sequence are not limbs. They are not connected to limbs, but to other than limbs because renewal is connected to water and proper sequence is connected to washing.]

4.6 How to Do Wudū’

4.6a. Basmala

Some of the men of knowledge (ʿulamā‘) say that when you go to do wudū‘ because you have been asleep or for any other reason you should begin by saying “Bismillah” (in the name of Allah), whereas others say that this is not part of doing wudū‘ correctly.

[When you go to do wudu‘ for some reason which obliges it, like sleep or something else, some scholars says that one begins with the Basmala. It is said that he says, “In the name of Allah, the Merciful, the Compassionate,” and it is said that he simply says, “Bismillah.” Some scholars do not think that beginning with the Basmala was part of the known business of the Salaf, and indeed think that it is reprehensible, i.e. disliked. It is evident from the words of the author when he ascribes each position to ‘some’ that Malik did not take any stand regarding the Basmala. There are three transmissions from Mālik about the Basmala. One is that it is recommended, and that is what was stated by Ibn Habib, and is well-known because of the words of the Prophet, “There is no wudū‘ for the one who does not mention Allah.” The hadith appears to imply the obligation, and that is what was said by Imam Ahmad and Ishaq ibn Rahawayh, who was a mujtahid. The second is that it is reprehensible, saying, “Is he slaughtering so that he needs to say the Basmala?” The third is that there is a choice and then the judgement is that it is permitted.]

4.6b. Where to Place the Water Vessel

It is easier to get at the water if the container is on your right hand side.

[It is recommended for the person doing wudū‘ to put the vessel from which he does wudū‘ to his right because it is easier to take water. If the vessel is open, he can scoop from it. If the opening is narrow, it is better to have it on his left because that is easier.]

4.6c. Washing the Hands Three Times

You begin by washing your hands three times before putting them into the water container,

[After putting the open vessel to the right and the narrow one to the left, to follow the sunnah, he begins by washing his hands to the wrists three times before putting them into the vessel with a separate intention.]

4.6d. If You Have Gone to the Lavatory

except if you have just urinated or defecated in which case you wash off any traces of impurity before starting to do wudū’.

[What precedes is about the one who has not urinated or defecated. If he has urinated or defecated, then that person washes off the urine or faeces from himself before doing wudū‘. Then he does wudū‘, meaning the linguistic washing of the hands. Thus his first words about washing the hands before putting them in the vessel is about the one who has not urinated or defecated. If he has urinated or defecated, then he washes the place of urine or other filth and then does wudū‘, i.e, washes his hands, which is the first of the sunnahs of wudū‘.]

4.6f. Rinsing the Mouth

You put your hand into the container, take some water, and rinse your mouth out three times, using either one handful or three as you wish.

[You put your hand in the vessel if it is possible. Otherwise you pour the water and take enough water without being extravagant. You can rinse the mouth three times using one handful of water. The first handful is sunnah and each of the remaining two is recommended. If he wishes, he rinses the mouth three times with three handfuls, and the second form is better than the first form.]

4.6g. Rubbing the Teeth

It is also good to rub your teeth with your finger.

[It is recommended to clean the teeth with the finger before doing wudu‘.]

4.6h. Sniffing Water up the Nose You Then Sniff Up Water into Your Nose

[For the correct sequence only, so after he has rinsed the mouth, he sniffs water up his nose. Note that he says, “into the nose” because there might be sniffing without in going into the nose. Perhaps he mentioned that to seek the blessing of the actual words of the hadīth. Muslim says, “He snuffs water up his nose.”]

4.6i. Blowing Water Out the Nose

and blow it out again three times, holding your nose as you do when you blow it.

[What is accepted is that it is sunnah on its own, and the description of blowing out is to put the finger and thumb of the left hand on the nose and to bring the water with the air of the nose as he does when he blows the nose. Mālik disliked blowing it like a donkey because of the prohibition against that in the hadīth.]

4.6j. Number of Times

It is all right if you do this rinsing and sniffing less than three times. It is also all right to do all of this with only one handful of water but three handfuls is preferable.

[Less than three is adequate for rinsing and sniffing. The minimum is achieved by one or two times. The evidence for what he mentioned is that the Prophet did wudū‘ doing each action once and each action twice. The person doing wudū‘ can also combine rinsing and sniffing in the same handful. It has two forms. One that he only moves to sniffing after he finishes rinsing and the second is that he rinses and sniffs and then rinses and sniffs and then rinses and sniffs. The first is better because it is free of any reversal of order in worship.]

4.6k. Washing the Face: Wetting the Face

Then you take water, either with both hands together or with the right hand bringing the hands together afterwards, and using both hands pour the water unto the face.

[After finishing rinsing the mouth and sniffing, then he takes water with both hands if he wishes, or with the right hand and then puts it onto both hands and brings the water to his face. It appears that moving the water to the face is a precondition. This is according to Ibn Habīb, Ibn Majishūn and Saḥnūn. The well known position is that it is not a precondition to move it. What is desired is to bring water to the surface of the face however that happens, even by a waterspout.]

4.6l. Actual Washing of the Face

Then Using Both Hands You Wash the Face

[He applies water to the face without splashing the face with water as women and most men do it. He washes it with the hands. This means that washing connected to moving the water to the washed limb is a precondition of the recommendation in wudu‘. He also does that himself, even if he entrusts someone else to do the wudū‘ when that is not necessary. It does not satisfy the requirement because that is one of the actions of the arrogant. Rubbing is also obligatory, and the well-known position is that rubbing is obligatory in itself, not simply bringing the water to the face.]

4.6m. Area Covered: from the Top of the Forehead – Which is Marked by the Hairline –

[The sunnah in washing is to begin to wash the limbs from their top. If he begins from the bottom, it is allowed, but what he has done is disliked. He explains that what is meant by forehead is what touches the earth in prostration and the right and left sides of the brow, which is next to the normal roots of the hair. One does not take into consideration thick hair or baldness. He includes the thick hair in washing but not the place of baldness. From ‘hairline’ it is understood that part of the head must be washed to achieve the obligation.]

4.6n. to the End of the Chin,

[The face has both length and width. The beginning of its length is the normal roots of the hair and the end is to the end of the chin, which is the point of the beard, and the hairs on the bottom lip. There is no dispute about it being included in the washing. Its width is from ear to ear.]

4.6o. Covering the Entire Face

covering the whole area of the face from the jawbones to where the ears start, making sure you include the eye sockets, any wrinkles on the forehead and the bottom of the nose.

[He must wash the entire face, rubbing around it, including the temples between the ears and the eyes. The well-known position is that it is included in washing. You run your hand over what is hidden inside the sockets and inside the eyes. That must be washed. Also the hand must pass over the wrinkles on the brow, which is the place of prostration The hand must be passed over the bottom of the nostrils. This refers to the outside out and not the inside. He must wash the outside of his lips if they are not covered while washing the face.]

4.6p. Doing It Three Times

You wash your face in this way three times taking water to it.

[The face is washed in this manner three times from the beginning of the limb to the end and rubbing it.]

4.6q. The Beard

When washing your face you rub the beard with both palms to make sure that water gets into it since hair has a natural tendency to repel water. You do not have to put your fingers through your beard when doing wudū‘ according to Malik. You merely rub your hands over your beard down to the end.

[When the beard is thick, when washing the face, rub the hair of the thick beard with the palms in order to make the water enter it. If he does not do this, he will not do all of the outside of the hair because the hair repels water which gets on it unless it is moved by the hands. The well-known position from Mālik is that one does not have to put your fingers through the hair of a thick beard in when doing wudū’. Indeed the apparent text of the Mudawwana is that it is disliked in the case of a thick beard. As for the sparse beard through which the skin shows, he must put his fingers through it when doing wudū‘. It is absolutely obligatory to make the water penetrate the hair of the thin or thick beard in washing. The hands must move the water to the end of the beard.]

4.6r. The Second Obligation: the Hands

You then wash your right hand and forearm three times, or twice, pouring water over it and rubbing it with the left hand, making the fingers of one hand go between the fingers of the other. Then you wash the left hand and forearm in the same way.

[Then first after finishing washing the face, which is the first obligation, he moves on to the second obligation, which is the hands. He washes the right hand first because it is recommended without dispute to begin with the right in things before the left since it is sound that the Prophet said, “When you do wudū‘ begin with the right.” It is done three or two times. There’s a choice in the number times the hands are washed, but there is no choice in washing the face and feet. The reason for that is that it is established that the Prophet washed his face three times and his hands twice each. He pours water on the right hand and rubs it with the left hand. The rubbing must be connected to pouring the water. He puts the fingers of one hand between those of the other hand. He inserts them through the gaps from the top and not the bottom because otherwise that would entail entwining which is disliked. His words can imply either obligation or recommendation, but the first is the well known position. The basis for that is the words of the Prophet, “When you do wudū‘, put water between your fingers and your toes.” However, the command is obligatory for the hands and recommended for the feet. Then he washes the left hand in the same manner.]

4.6s. Extent of Washing the Hands and Arms

When washing the arms you go right up to the elbow, including it in what you wash. It has also been said that you only wash up to the elbows and that it is not necessary to include them but it is better to include them in order to remain on the safe side.

[When doing wudū‘ you wash up to the elbows and include the elbows in the washing. It is possible to include them or not in the washing. The most famous position is that it is obligatory to include them. He clearly stated that here. This is taking the ayat [“and your hands to the elbows,”] to mean “with”. Those who say that it that the washing ends at the elbows take the ayat to actually mean ” up to”. The third position is that it is recommended to include them in the washing to remove the difficulty of definition because it is difficult to define the end which the washing reaches.

4.6t. The Third Obligation: Wiping the Head

Then you take water with your right hand, pour it onto the left hand and using both hands you wipe over your head, beginning at the hairline at the front of the head. You place fingertips together with the thumbs at the temples then wipe over your head with both hands as far as the hairline at the back of the neck. Then you bring them back to the place you started, bringing your thumbs up behind your ears back to the temples. Whatever way you wipe your head is acceptable as long as the whole head is covered but the way mentioned is better. If you were to put both hands into the container, then lift them out wet, and wipe over your head with them this is also acceptable.

[After finishing the second obligation, he moves to the third obligation, and takes the water with the right hand and pours it onto the left palm and wipes his entire head with his hands. It is recommended to start at the front of the head or the normal hairline whether the hair is thick or he is bald. The fingers are put together except for the thumbs which are put at each of the temples. Then the head is wiped to the back of the neck, which is the bottom of the skull and then it is brought back to the place from where you started. It is recommended to bring the thumbs behind the ears and back to the temples which must be wiped along with the rest of the face including the hair. This manner of wiping is not obligatory, but the basis is to achieve a comprehensive washing and to completely wipe the head and hair. If he put his hands in the vessel, that is another way of taking water for wiping the head. So if he brings his hands out wet after putting them in the water, whether it is in a vessel or not and then wipes his head, that is enough according to Mālik without dislike and it is recommended according to Ibn al-Qāsim.]

4.6u. The Ears

Then you pour water over your index fingers and thumbs or if you like you dip them into the water and with them you wipe the outside and inside of both ears.

[After wiping the head, then the ears are wiped by taking water in the right hand and pouring it over the index finger and thumb of the left hand and the adjoining part of the left palm and he pours it on the same of the right hand. Then he wipes the outside and inside of both ears. If he wishes, he can dip the index fingers and thumbs in the water and then wipe with them. The first manner comes from from Ibn al-Qāsim and the second from Mālik.]

4.6v. Women’s Action in Wiping

Women wipe their heads and ears in the same way but they have to wipe over any hair that is hanging loose and cannot wipe over any head covering.

[The woman wipes her head and ears like the man in amount and description by the words of the Almighty, “Wipe your heads,” and women are the sisters of men. She wipes over any hair hanging loose. What is well-known is the obligation to wipe over any of man’s hair which is hang ing on the two sides since it will fall on the place of the obligation or on the face. As for that which actually extends over the place of the obligation, it is agreed that it is obligatory to wipe it. The ‘head covering’ is a cloth by which a woman binds her hair to protect it from the dust. She also does not wipe over other similar hair coverings when they are put next to the head because all of that is a barrier since it does not let her wipe what must be wiped. Otherwise it is permitted as Mālik said that the Prophet wiped over his turban, which is by necessity. Imam Ahmad disagreed and said that there is choice in that. It is affimed that the Prophet wiped the forelock at the front of the head first and finished by wiping over the turban.]

Wiping under plaits

They should put their hands under their plaits when bringing their hands back to the front.

[After the woman begins the wiping from the front of her head and reaches the back where the hair hangs down, she must put her hands under the plaits of hair to complete it, and it is sunnah to bring the hands back if there is any moisture left on them. It is clear from his words that she does not have to undo her plaits because of the difficulty involved. Some people limit that to what is tied with a thread or two. When there are a lot of threads, it must be undone.]

4.6w. Fourth Obligation: the Feet

[After he finishes wiping the ears, he begins the fourth obligation, i.e. washing the feet. It is said that its obligation is wiping. The reason for the disagreement has to do with how the words of the Almighty are read and whether “your feet” is in the genitive or accusative. If it is accusative, then the feet are added to “face and hands” and there is no doubt that its obligation is washing, and so this judgement is given by the conjunction. If it is genitive, then it is joined to “head” and it has the judgement of what it is joined to, which is wiping, and so they are wiped. They are wiped if he is wearing leather socks. This is deduced from what the Prophet did since it is confirmed that he only wiped his feet when he was wearing leather socks. The multiple transmissions from him is that he always washed them when he was not wearing leather socks.]

4.6x The Manner of Washing the Feet

You then wash both feet pouring water onto your right foot with your right and rubbing it with your left hand little by little. You do this thoroughly three times.

[The description of washing the feet is that water is poured with the right hand onto the right foot which is rubbed with the left hand. Rubbing one foot with the other is not enough. This is the position of Ibn al-Qāsim. Its washing is recommended to be completed by water and rubbing three times and should not be more than that. The washing of the feet is limited to three times, which is one of two well-known positions about whether the fourth is disliked or forbidden. The other statement is that washing the feet has no limitation. What is desired is to cleanse, even that is more than three. It is also well-known.]

4.6y The Toes and Heels

If you want you can put your fingers between your toes. If you do not do this it does not matter, but doing it makes you feel more satisfied. You then rub your heels and ankles and any part which water does not get to easily due to hardening or cracking of the skin. You should make sure you do this well, pouring water on the area with your hand because there is a hadith which says, “Woe to the heels from the Fire.” The “heel” of a thing is its extremity or end. You then do the same thing with the left foot.

[If he wishes, he puts water between his toes while washing them, and if he wishes, he leaves that, but it is better to put them between the toes and no doubt remains when it is done. Rubbing the heels can mean either the obligation or recommendation. What is meant is the first. He must rub all those places where the water does not immediately reach due to hardness or cracks as well as wrinkles in loose skin. The threat regarding “Woe to the heels from the Fire” does not only apply to heels, but to every part of the limbs of wudū’. The Prophet said that about when he saw that the heels had no water on them and had not been wiped with water. The whole process is repeated with the left foot. He did not state the limit of washing, and it extends to the ankles. The best known position is to include them in the washing.]

4.6z Three Times

Washing each of the limbs three times is not an actual command. You can do it less but three is the most you should do. If you can do it thoroughly with less than that it is acceptable as long as you do not leave anything out. Not everyone is the same in the amount of water they require to do wudū‘ thoroughly.

[There is no actual definition that it is not adequate if the limbs are not washed in wudū‘ three times each. Three is the limit of what can be done, and no more than three. Ibn Bashīr transmits the consensus that the fourth time is forbidden. The story of the consensus of its prohibition is not established because of the existence of the statement that it is disliked. However prohibition can include what is disliked. The basis in this is that it is related that a bedouin asked the Messenger of Allah about wudū‘ and he showed him three times each. It is clear that he did wudū‘ in his presence and then said, “This is how wudū‘ is.” Therefore anyone who does more than this has acted badly, transgressed and done wrong. If it is done throroughly with less than that, it is allowed. The maximum is specified, but not the minimum since it is contained in one and two and so its state is known and there is no need to define it. Not all people are the same in doing that washing thoroughly. If someone does not do it thoroughly with one time, then it is not allowed and specified in respect of him that which will achieve it. If that is only complete with two, then he intends the obligation by them, and the third is excellence. If it is only thorough with three, then the obligation is intended by it and the recommendation removes what is more. It is clear that the description of wudū‘ contains obligations, sunnahs and virtues and the person is encouraged to perform them in the manner by which none of them is lacking.]

4.7 The Reward for Performing Wudū

The Messenger of Allah, may Allah bless him and grant him peace, said, “Anyone who does wudū‘ and does it well and then raises his eyes to the sky and says, ‘I bear witness that there is no god but Allah alone, without any partner and I bear witness that Muhammad is His slave and Messenger,’ will have the eight gates of the Garden opened for him and he can enter by any of them he chooses.”

47a. What to Say Afterwards

Some of the ‘ulamā‘ recommend saying when you finish wudū‘, “O Allah, make me one of those who turn back to You and make me one of those who purify themselves.” (Allahumma ijʿalnii mina-t-tawwabīna wa-jʿalnii mina-l-mutatahhirīn).

[Ibn Habīb says that it is recommended to say this. The ‘tawwabin‘ are those who have committed wrong actions and then repented and purified themselves of the wrong actions.]

4.8 Purpose of Wudū

4.8a. Aim

You must do wudū‘ realising that you are doing it for Allah as He has ordered you to do, hoping that it will be accepted and that you will get the reward for it and that it will purify you of your wrong actions.

[Scholars say that the shaykh did not speak about the intention (niyyah) for wudū‘ because he did not say that he makes the intention to perform wudū‘ which is an obligation by agreement with Ibn Rushd because he did not recall any disagreement about its being obligatory for wudū‘. That is why the agreement is related about its being obligatory and in the soundest position with Ibn al-Hājib. Opposite it there is a text on wudu‘ from Mālik about it not being obligatory. Then they disagree about whether it can be deduced from his words or not. Some say that he does not speak about intention in the Risālah at all and some of them say that it is deduced from his words “he must”, meaning the person doing wudū‘ must be doing wudū‘ sincerely for Allah, not for showing off or reputation. That is because sincerity is commanded in the words of the Almighty, “They were only commanded to worship Allah making the deen sincerely His.” Sincerity is that a person intend the Worshipped by the act of worship without actual articulation. The focus of the intention is the heart. Part of its precondition is that it accompany the first obligation in wudū‘, which is washing the face. If it precedes it by a lot, then it is agreed that it is not permissible. There are two accepted positions about it preceding by a little. The best known is that it is allowed. They agreed that if he makes the intention after washing the face, then it is not adequate. The basis for the intention is that it accompany it. If it happens that he overlooks it, he is forgiven. When wudū‘ is done sincerely with the intention of obeying Allah’s command and secure in himself that the action is done freely, he should hope that it will be accepted and he will be purified of wrong actions based on what is in (Saḥīh) Muslim where the Prophet said, “When a Muslim (or a believer) does wudū’ and washes his face, then every wrong action at which his eye looked leaves from his face with the water – or with the last drop of water”]

4.8b. Wudu‘ as Preparation

You should feel in yourself that it is a preparation and a cleansing for speaking to your Lord and standing in front of Him to carry out the acts He has made obligatory on you with humility in your bowing and prostration.

[He should know that wudū‘ is a preparation and a cleansing from wrong actions and dirt. When the legally responsible person wants to perform wudū‘, he does it sincerely for Allah Almighty desiring that Allah will accept it because he is purifying himself and this is in order to prepare to converse with his Lord. Conversing with the Lord demands sincerity of heart and devotion of inner consciousness to His remembrance. It is also in order to perform the obligation Allah has imposed on him. Bowing and prostration are specifically mentioned as well as humility in other actions because total humility is meant and because the closest a slave is to his Lord is when he is in prostration.]

4.8c. Having Certainty

You should do wudu‘ with a certainty of this, taking good care to do it properly for no action is complete without the right intention behind it.

[You should be aware that wudū‘ is preparation for intimate conversation with your Lord in order to make reverence and esteem firm in your heart. That will result in doing wudū’ with due humility to your Master. This reverence and esteem will result in doing wudu‘ in a manner which is mindful of avoiding imperfections and whisperings. Actions are only according to intentions. It is enough that the Prophet said, “Every man has what he intends.”]

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

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-Dani by al-Azhari)

Chapter Three: On the Purity of Water, Clothing and the Place of Prayer and What Can be Worn When Doing Prayer

3.1 Purity of Water

3.1a. Obligation of Purity

When you do the prayer you are talking to your Lord. You must therefore prepare yourself for this by doing wudu’ or ghusl if a ghusl is necessary.

[Purity in the Shari’ah is a legal state which becomes obligatory in order to make the prayer permissible. The one who prays speaks intimately with his Lord. According to the hadith which Malik relates in the Muwaṭṭa, he must prepare for the prayer. The text of the Muwaṭṭa is that the Messenger of Allah came out to his Companions while they were praying and their voices were raised in the recitation. He said, “When you pray, you are speaking confidentially to your Lord. So look to what you confide to Him, and do not say the Qur’an outloud so thatothers hear it.” He must prepare for that conversation by having an attentive heart and humility, and must stand with respect before Him, seeking His protection. When he lacks that, he does not speak to Him and the term “conversation” is not valid for him. Nonetheless, it is true that he prays and must adopt the means for that by being pure of minor and major impurities.]

3.1b. Pure Unchanged Water

This must be done using pure water which is uncontaminated by any impurity.

[Purification from impurities is achieved by pure water, i.e that which is not mixed with what changes any of its three qualities: colour, taste or smell, whether that change in its attributes is due to something either pure or impure. Thus if it is changed by rose water, it is not valid to use it for things like wudū and ghusl.]

3.1c. Change in Colour of Water by Contact with Earth

You cannot use water whose colour has been changed by something mixed in with it whether that thing is pure or impure unless the change of colour has been caused by something in the earth where the water is from such as salt deposits or mud or similar things. [It is a precondition that the water used for things like wudu’ and ghusl has not been changed in its attributes by what is usually separate from it, except for earthwith which it is in direct contact and to which it clings as when it lies in salty earth, sulphurous earth or fetid mud.]

3.1d. Rain Water

Any water coming from the sky or from springs or wells or the sea is all good, pure and purifies impurities.

[These waters which originate from the sky are all pure in themselves and good for any use whatsoever, whether drinking or such things or acts of worship, like wudū’, ghusl and removing impurities as long as the water remains in its original state and is unchanged any anything which is is normally separate from it.]

3. 1e. Change in Colour of Water

If the colour of the water has been changed by something pure which has got into it, it remains pure but cannot be used for purification either in wudu’ or ghusl or for removing impurities.

[Meaning that water whose colour has been changed with something pure, like water from pasta, is pure in itself but does not purify something else, and so it is not used for wudu’ or other things like ghusl.]

3.1f. Change of Water Through Impurity

Water that has been changed by something impure getting into it is not pure and cannot be used for purification purposes.

[Water which has been changed through impurity, whether in colour, taste or smell, and whether the water is little or a lot, it has substance or not, is no longer pure or purifying. It is not used either for normal things or for acts of worship.]

3.1.g A Small Amount of Impurity

A small amount of impurity makes a small amount of water impure even if there is no change in the water.

[If an impurity falls into small amount of water, like the water prepared for wudū’ or ghusl, even if it is something small and the impurity does not change it, it is not permitted to use it. The most famous position is that is pure, but it is disliked to use it when other water exists, provided that it has not been altered. If it has been been changed, its purity absolutely no longer exists.] [Ibn Juzayy states that if there is a lot of water and it is not changed, then it remains pure. There is no specific definition of “a lot” in the Māliki School.]

3.2 Amount of Water Used

3.2a. Using a Small Amount of Water

It is sunna to use a small amount of water when washing provided you do it thoroughly. Using an excessive amount is extremism and innovation.

[A small amount of water should be used as long as washing is done properly. Pouring while rubbing is recommended, i.e. an desirable aspect in the deen. Using a lot of it, pouring it while using it is excess, i.e. increase in the deen and innovation, i.e. something innovated which is contrary to the Sunnah and the Path of the Salaf.]

3.2b. The amount used by the Prophet

The Messenger of Allah, may Allah bless him and grant him peace, did wudū’ with one mudd of water which is equivalent to (1 1/3 ratls) and he did ghusl with one sa’a which is four mudds measuring by his mudd, may Allah bless him and grant him peace.

[He points out that it is established in the sunna that the Messenger of Allah did wudū’ using a mudd, which is 1 1/3 ratls and he did ghusl with a sa’ which is four mudds. So altogether it is 5 1/3 ratls. His aim is to inform us of the the excellence of economy and abandoning profigality and the amount which was enough for the Prophet .]

3.3 Purity of the Place and Clothing

3.3a Purity of Place

It is obligatory for the place where you are going to do the prayer to be pure.

[The purity of the place where the limbs of the one praying will touch is obligatory for the sake of the prayer, i.e. its purity for the sake of the prayer. Purity for other things, like dhikr is recommended.]

3.3b. Purity of Clothing

Your clothing must also be pure. It is said by some that the nature of the obligation referred to here is that of an absolute obligation (fard) and by others that it has the obligation of a confirmed sunnah (sunna ma’akkadah).

[The purity of the garment of the one praying is obligatory provided it is remembered and he has the ability to achieve that. If someone intentionally prays in an impure garment when he is able to remove it, he must always repeat that prayer. If he prays in such a state out of forgetfulness or is unable is remove it, he repeats it if it is still within the time of the prayer. The time of Dhuhr extends until the yellowing of the sky, and Maghrib and ‘Isha’ extend through the entire night. It is said that it is sunnah to remove the impurity, and both positions are known and acceptable. Based on the position that it is sunnah, it is repeated at the time absolutely, whether that was intentional, or he was able to remove it, or out of forgetfulness or ignorance.]

3.3c. Places where it is forbidden to pray:

You should not do the prayer in the following places:

3.3c1. Camel Places

in places where camels congregrate,

[It is disliked to pray in places where camels are kept when they come from water, even if it is safe from impurity and even if something pure is spread out and is prayed on it because the Prophet did not say that the reason was impurity so that it would be negated if it was negated.]

3.3c2. The Middle of the Road

or in the middle of the road,

[It is disliked to pray in the middle of the road where you are unsure whether the ordure of animals and urine will get on you. If you do pray there, it is recommended that you repeat it within the time. When someone prays there because the mosque is too crowded or he spreads something pure and prays on it or he is certain that it is pure, then there is no dislike.]

3.3c3. On top of the Ka’ba

or on top of the Kaʿbah,

[It is prohibited to pray on top on the Kaʿbah, based on the fact that it is necessary to face its building. The one who is above it cannot face the building. So if he prays an obligatory prayer on top of it, he must always repeat it because what is important is to face it.]

3.3c4. Public Baths

or in public baths, a place which you are not certain whether it is pure or not,

[It is disliked to pray in the baths. The reason for the dislike is the likelihood of impurity. If he is certain of its purity, then the dislike is negated and the prayer is permitted.]

3.3c5. Rubbish Dumps

or on a rubbish heap

[It is disliked to pray at a place where rubbish is thrown since one is not safe from impurity. If he is safe from impurity, then it is not disliked.]

3.3c6. Slaughterhouses

or in a slaughter house,

[It is disliked to pray in a place where animals are slaughtered if he is not safe from impurity. Otherwise, it is not disliked.]

3.3c7. Graveyards

or in the graveyards

[When the graveyard is a Muslim one, and there are no disinterred parts of the dead in the place of prayer, then it is permitted to pray there. If there are any parts of those buried in the place of prayer, then the judgement of the prayer there depends on the disagreement about and whether the human being becomes impure by death or not. If the dead person is not impure, and the person prays there deliberately, then it is disliked to pray there since there is uncertainty or certainty that there are parts of the dead person which would involve humiliation or walking on the grave. As for the prayer, it is not disliked initself. Ibn Habīb disliked praying in the graveyards of the unbelievers because they are pits of the Fire, but if someone prays in them and is safe from impurity, his prayeris not invalid, even if he is not actually safe from praying on impurity.]

3.3c8. Non-Muslim Places of Worship

and places of worship of non-Muslims.

[This designates churches, synagogues and fire temples of the Magians. Imam Mālik disliked praying in them because of impurity from their feet, i.e. that is the custom in them. The dislike is inasmuch as he prays in it by choice, not when is compelled to that. Otherwise there is no dislike. There is no difference between the ruined or inhabited place.]

3.3d. Minimum Clothing in the Prayer for a Man

The least clothing a man can do the prayer in is something which covershis ‘awra (everything between his navel and his knees) such as a long shirt or a piece of cloth he can wrap round him.

[This minimum of what does not involve sin and is adequate for what is desiredof the one who prays is a garment is that which covers the private parts, be it a long shirt, cloak or trousers. A precondition for the cloak is that it is thick and not thin or transparent, i.e the private parts should not be outlined or encompassed. If it is like that, it is disliked as long as the definition is not due to wind. Otherwise not. If it is transparent, then sometimes the private parts might appear through it without thinking about and then the prayer would be invalid. Sometimes it only appears by thinking about it, and it is judgement is like the person whose is doing something disliked and the prayer is valid.]

3.3e. Uncovered Shoulders

However, it is disliked to do the prayer wearing something that does not cover the shoulders, but if this does happen the prayer need not be repeated.

[It is disliked for a man to pray in a garment which leaves his shoulders completely uncovered when something else is available. If he prays and his shoulder-blades show when he is able to cover them, he does not have to repeat the prayer either in the time or after it.]

3.4. Women’s Dress and Prostration

3.4a. A Woman’s Minimum Dress

The least clothing a woman can do the prayer in is a thick full-length garment covering her whole body including the top of the feet and something covering her head.

[The minimum of adequate clothing for a free adult women in the prayer consists of two things: one is a thick or ample full-length garment which does not define the figure nor is transparent. This is either hasif, which means thick, or khasif, which a full complete covering which covers the top of the feet. It also means what does not define figure nor is transparent because what he means by the minimum is that the prayer is that with which the prayer does not have to repeated in the time or outside of it. The second item is a head-covering which covers her hair and her neck. Part of its precondition is that it is thick. In short, the fiqh is it is obliged for a woman to cover all her body in the prayer, even the soles of her feet based on the statement of Mālik, “It is not permitted for a woman to show anything in the prayer except her face and palms.”]

3.4b. A Woman’s Prostration

A woman should touch the ground with the palms of her hands in sujūd just as a man does.

[The woman touches the earth with her palms in prostration. It is mentioned here here because it might be imagined from his words about covering the top and soles of her feet that she covers her palms because each of them are part of the person who prays who is obliged to cover the entire body. Therefore this idea which is mentioned here must be eliminated.

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

Risālah ibn Abī Zayd al-Qayrawaanī

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

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

Chapter Two: What Necessitates Wudu‘ and Ghusl

[This chapter deals with those things which render necessary wudū‘ and ghusl. Wudu’ designates the action and wadu’ designates the water. Linguistically, it means cleanliness and excellence, and in the Sharīʿah it means to purify certain parts of the body with water to make them clean and to remove the judgement of ‘minor impurity” (ḥadath) from them to permit acts of worship which are forbidden by lack of purity. Qadi Ibn al-ʿArabi says that there is known dispute about whether ghasl means the action and ghusl the water. However, in adh-Dhakira, ghusl designates the action and ghusl the water. This is the most common position.

The obligation of wudū‘ and ghusl [Evidence for the obligatory nature of wudū‘ and ghusl is found in the Qur’an and Sunnah and consensus. The Almighty says, “O you who believe! When you you get up intending to do the prayer, wash your faces” (5:6) and “Do not approach the prayer when you are drunk until you know what you are saying, nor in a state of major impurity – unless you are travelling – until you have washed yourselves completely.” (4:43) The Messenger of Allah said, “Allah does not accept the prayer of anyone in a state of impurity until he does wudū‘. ” There is no disagreement between the Imams that it is obligatory.]

2.1 Wudū

2.1a. Preconditions for wudū‘:

[There are certain preconditions for the validity of wudū‘:

1. Islam

2. Adulthood

3. Sanity

4. Absence of menstrual blood or bleeding after childbirth

5. The arrival of the time of the prayer,

6. That the legally responsible person is not forgetful, asleep or insensible

7. The existence of adequate water to perform it

8. The possibility of doing it with due care to achieve what is desired, which may preclude the sick and the person who is compelled.]

2.1b. What Makes Wudu‘ Necessary

[Two things oblige wudu‘: ritual impurity and certain causes. [Khalīl says three ritual impurity is what breaks wudu’ in itself, like urine, and causes are things which do not break wudu’ in themselves but leads to ritual impurity, like loss of sanity, touching someone with desire and touching the penis. [Ibn Juzayy states that apostasy also breaks wudu‘.]]

2.1c. The Nature of the Obligation

[The duty of wudū‘ is a one of an obligatory nature, not merely an obligation inasmuch as it is sunna and thus strongly recommended.]

2.1d Urination and Defecation in a Normal Manner

[Wudū‘ must be done when something emerges from one of the two normal passages, the urethra and the anus, in a normal manner. It is limited to what is normal which excludes anything which emerges abnormally, like pebbles and worms. They do not break wudū‘, even if he passes some urine and faeces. Urine and faeces must emerge in a normal manner. So if it emerges for a specific reason, like incontinence in most cases, which is when he does it constantly, most of the time or half of the time, then it does not break wudu’. In the first case, wudū‘ is neither obligatory or recommended. In the last two cases it is recommended unless that is difficult for him.

The ‘passages’ are limited to what emerges normally, which precludes what emerges other than urine and faeces, like blood as a result of leeches and cupping, vomit which is changed from food, and impurity which emerges from a split under the intestines which is not due to the passages being blocked. When the two passages are blocked and the split is located under the intestines, then it is considered as a normal orifice.]

2.2 Things Which Break Wudū

2.2a. Excreta Which Oblige Wudū’

You have to do wudū‘ after urinating or defecating or passing wind.

[This clarifies what excreta which make wudū‘ necessary: urine from the front orifice and faeces from the rear orifice and passing wind, which designates wind which emerges from the anus, whether or not with a sound. As for wind which emerges from the penis or vagina, it does not require wudū‘ since it is not considered as one of things which break wudū‘.]

2.2b Other Fluids Which Require Wudū‘: Madh-yu

You have to do wudū‘ when the liquid known as madh-yu comes out of the penis, in which case it is necessary to wash to the whole penis as well. Madh-yu is a thin, white liquid which comes out at times of sexual excitement when the penis is erect, either during sexual foreplay or when thinking about it.

[ Wudū‘ is obliged when madhy emerges from the penis. It is also obligatory towash the entire penis with an intention before doing wudū‘. Wudū‘ is specified and using stones in not enough.]

2.2c.Wad-yu

Wad-yu is a thick white liquid which comes out usually after urinating and carries the same judgement regarding cleaning the penis as urine.

[Wad-yu is dense and usually comes out after urination. It may come out on its own or during urination. It makes wudū‘ necessary and it must be completely removed. He should lightly squeeze the place and wash only its place.]

2.2d. Sperm (Maniy-yu)

Sperm – maniy-yu – is the white liquid ejaculated at orgasm during sexual intercourse which smells similar to the pollen of the date-palm.

[The emission of sperm is one of things which obliges ghusl, not wudū‘. The author mentioned it here among the things which oblige wudū‘ as a digression since it does oblige wudu’ in certain cases. It is what issues with pleasure which is not usual, although it is mentioned among the things which oblige ghusl. Here he mentioned the fluids which flow from the front orifice, and maniy is one of them. It is ejaculated in spurts and has a particular odour.]

2. 2e. Women’s Discharge and Menstruation

The liquid which comes from a woman is a thin yellow fluid and necessitates purification, that is purification of the whole body as is the case after menstruation.

[A woman’s liquid which she discharges, which is her maniy, is described as being thin and yellowish when it normally emerges and in health, not on account of illness or incontinence. Ghusl is obliged on account of it. It is not a precondition that it emerge outside. It is based on the sensation, and so the mere sensation obliges her to purify herself, as she is obliged to do when menstruation ends.]

2.2f. False Menstruation

In the case of bleeding which continues beyond the normal period of menstruation (istihādah), only wudu’ is necessary, although in such circumstances it is recommended for a woman to repeat wudū‘ for every prayer.

[The blood of false menstruation is blood which flows outside the days of menstruation and lochia, issuing from a vein which is in the lower part of the uterus. The judgement in such a case is that wudū‘ is obligatory when it stops more than it comes. When it comes more than it stops or the two are equal, then she is not obliged to do wudū‘.]

[ Menstruation according to Khalīl. The normal age of menstruation is considered from the age of adolescence to the age of 50. The individual is consulted from the age of 9 to puberty and from 50 to 70. It can be red, yellow or brown. The minimum is one gush and its maximum is fifteen days. The minimum of purity is fifteen days and it has no maximum. And the maximum length of menstruation for someone with normal periods (even if she has only had one period) is fifteendays. There are three days of using precaution (i.e. above and beyond) her normal maximum. (i.e. if she normally menstruates five days and then menstruates after that and it does not stop after the full five days, she adds three days to it. If it does not stop after that, it is false menstruation.

But if her normal period is 15 days, she does not use precaution at all.) This is as long as it does not exceed half a month. (If it is 14, she uses one, and if 13, she uses 2.) Then she is pure (to fast, prayer and have intercourse even if the blood is flowing, because it is false menstruation and not menstruation.)

The maximum length of menstruation of a pregnant woman after three months (up until five months) is half a month and five days (i.e. twenty days). When she starts the sixth month, it is twenty days and the like (i.e. ten with the twenty and so the maximum is thirty days). Is the judgement of the woman whose has a period before three months the same as the judgement of a woman whose period comes after it ( after three months), or is she like the one with a regular period? There are two statements. If purity is stopped by blood before it is completely finished, even by a hour, she adds only the days of bleeding (i.e. rather than the days it stopped, and it cancels it when it is less than half a month. There must be 15 twenty-four days of continuous purity free of blood by agreement.

Then, after patches and continuous blood, it is false menstruation, not menstruation. So she does ghusl for the end of menstruation. The one who has bleeding patches does the ghusl whenever the blood stops in the patched days unless she thinks that the blood will return before the time she is in finishes. In such a case she is not commanded to do ghusl. She fasts (if it stops at Fajr or before) and prays and has intercourse after ghusl according to the known position as opposed to the author of the Irshād who says that intercourse is not permitted. She can pray in all the days of menstruation when the period comes to her at night and then stops before Fajr. So she might not miss a prayer or a fast.

Blood which is distinct (from false menstrual blood by the change of smell, colour or fineness or thickness) after (the full 15 days of ) purity is menstruation (and prevents prayer and the like). If it is not distinct from false menstruation in any way, it is false menstruation, even if it goes on a long time. It is like that for what is distinct before the end of purity. One does not pay attention to the distinction. If the blood is distinct from the blood of false menstruation by anything above and is judged to be menstruation and it continues until her normal time is complete and more, is changes from the quality of the blood of menstruation to that of false menstuation. So she does not use caution beyond her normal days, but does ghusl by the simple completion of her normal days according to the soundest version (from Mālik and Ibn al-Majishun.)

Purity from menstruation is known by the dryness (of the private parts) from blood, yellowness and brownness when she inserts a bit of cotton, for instance, and brings it out without seeing anything on it. Or it is by a white liquid which issues from the private parts after the end of menstruation. This liquid is more conclusive of the end of menstruation than dryness for the one who usually has it. If she sees the liquid before dryness, it is recommended that she do ghusl at the end of the preferred time [for the prayer]. There is some discussion about the sign of purity of the one whose has her first period. [Al-Bāji says that she is only pure by dryness which she sees, even if the time for the prayer goes by.]

The woman with a period does not have to look for her purity before Fajr. (Indeed, it is disliked because it is not something which the Salaf did.) She should look when she goes to sleep to see whether she can catch Maghrib and ʿIshā‘ and fast. She should look at the beginning of Subh and the other five prayers (allowing time for ghusl).

Menstruation prevents the validity of prayer and fasting and their obligation and divorce (which is prohibited, but is binding if it takes place.) It prevents the start of ʿiddah, which begins with purity. It prevents intercourse or touching under the waist-wrapper (from the waist to knees), even after the end of the period before the ghusl. Tayammum makes the prayer permitted, but does not remove the impurity. It prevents entering the mosque, so there is no iʿtikaf or tawāf. It prevents touching a copy of the Qur’an (except for a teacher or student who has a dispensation) and recitation]

2.2g. Incontinence of Urine

This is also the case for incontinence (salas) of urine.

[It is recommended for someone with incontinence to do wudū‘ for every prayer and for his wudū‘ to be directly before the prayer. There is no special judgement for incontinence of urine. It is a general judgement for everyone with some form of incontinence, be it urine, wind, or maniy-yu. All are the same in that they do do not break wudū‘ by what emerges from them and it constant, even if it is only half the time when he is unable to remove it by medical treatment or marriage. If someone is able to stop it, then it breaks his wudū‘, he is excused for the period of treatment in that it does not break it.]

2.2h. Loss of Consciousness: Deep Sleep

You have to do wudu’ after loss of consciousness caused by either deep sleep,

[Loss of consciousness is one of the reasons which lead to ritual impurity and obliges wudū‘ after it passes. The loss of intellect is when it is completely absent. When it departs completely, as in sleep or fainting, and then is restored to him, the judgement is that wudū‘ is obligatory. A deep sleep, whether long or short, breaks wudū‘ absolutely. A deep sleep that in which the sleeper is not aware of what he or someone else does. What is understood from the word “deep” is that the dozing in which the person is aware of the slightest thing definitely does not break wudū‘, be that short or long based on what is in Muslim, “The Companions of the Messenger of Allah used to sleep and then pray without doing wudū‘.” Nonetheless, it is recommended to do wudū‘ after a long light sleep.]

2.2i. Fainting

or fainting,

[Mālik said that someone who faints has to do wudu’. Fainting is is an illness in the head.]

2.2j. Drunkenness

or intoxication

[The one who loses his senses through drunkenness must do wudū‘. It makes no difference whether he becomes intoxicated by something lawful or unlawful, as when he drinks milk thinking that it is not intoxicating and it intoxicates him.]

2.2k. Insanity

or a bout of madness.

[This even more clearly breaks wudu’ because it removes the senses. It is not in itself a reason for it. Wudu‘ is obliged on account of insanity, intoxication and fainting because it is is obliged by sleep which is less severe than it because it removes a little awareness, and these cause that loss of intellect even more so and so it is more likely that it be obligatory on account of them. That is why there is no difference between long or short, deep or light. They judge that legal responsibility is removed with them which is not the case with sleep. The sleeper is responsible, even if he incurs no wrong action. This discussion concerns about of madness which ends. The one for whom insanity is complete and without end owes nothing.]

2.2l. Wudū‘ on Account Touching a Person

Wudū‘ is also necessary when you touch someone to gain sexual pleasure or have bodily contact with them for the same reason

[One of the causes which results in ritual impurity is touching which is less than intercourse as the Companions, Tabiʿūn, Mālik and his companions have explained it.The Almighty says, “Or if you have touched women.” (4:43) ʿAlī and Ibn ʿAbbās, however, explain this ‘touching’ as referring to intercourse, and say that His words “Or you have touched women” means to have intercourse with them.

Specifying ‘pleasure’ tells us is that if the toucher intends pleasure, he must do wudu’ simply by touching whether or not there is pleasure. So that is even more so if he touches and experiences it. If he did not intend pleasure, but intended totouch to find out whether the body was hard or not, and then experiences pleasure, he must do wudū‘ because of the existence of pleasure, even though it did not come from intention. So the obligation of wudū‘ hinges on intention, even if there was no feeling while touching. If the feeling occurs after touching, then it is like pleasure arising from thinking for which nothing is obliged. If he does not intend pleasure and does not feel it, he does not have to do anything. This is thethe judgement for touching.

As for anyone who is touched, if they are adult and experience pleasure, they must do wudu‘. Otherwise, they do not have to do anything if they did not intend pleasure. Otherwise the judgement regarding the person who is touched is the same as the one who touches.]

2.2m. Wudu’ on Account of Kissing

or for kissing them for sexual pleasure.

[It is clear from his words that kissing is general, whether on the mouth or elsewhere with the intention or arousal. That is not the case. The accepted position is that the kiss on the mouth generally breaks wudū‘ whether or not there is intention and arousal because it is a probable cause of pleasure unless other places give rise to pleasure. [Khalīl says that if it is to bid farewell or out of mercy, as when there is some misfortune, it does not break wudū. Looking at someone, even with pleasure, does not break wudū‘.]

2.2n. Touching the Human Genitals

A man must do wudū‘ if he touches his penis.

[One of the things which lead to ritual impurity is touching the penis because it says in the Muwaṭṭa and elsewhere that the Prophet said, “When one of you touches his penis, he should do wudū‘.” The touching referred to is with the palm or the inside or sides of the fingers. He only mentioned touching one’s own penis. As for the penis of someone else, it follows the judgement regarding touching with respect to intention or arousal. The penis must be connected to the body. As for that which is separate from the body, it does not break wudū‘ when it is touched.

When dealing with the eunuch, one considers the shape or lack it. If there is a shape, then touching it breaks wudū. If it does not have a shape, then one takes into consideration the judgement given to it. If masculinity is adjudged for him, it breaks wudū‘ and otherwise it does not.

There are different considerations regarding touching it through a barrier. If it is thick, that does not break wudū‘ in one position, If it is light, then the most accepted position is that it does break it. Touching the anus or the testicles does not break wudū‘ in the accepted position.]

2.2o. A Woman Touching Her Vagina

But there is difference of opinion about whether a woman has to do wudu’ if she touches her vagina.

[The position of the Mudawwana is that it does not break wudu’ based on what is on the hadith, “When one of you touches his penis, he should do wudū‘.” The position is based on the fact that that is what is understood by the word and when something is understood, a concealed meaning is not considered. The one who says that it does break wudu’ bases it on the hadīth which says, “If someone’s hand touches his private parts he should do wudū‘” because ‘private parts’ and can be applied to the penis or the vagina. Some of them say that wudu’ is not broken it if she touches the outside of it, but it is broken if she presses it or puts her hand inside the labia.]

2.2p. Further Note

[Ibn Juzayy: Things that break wudū‘ in other schools, but not in the Mālikī school are: vomiting, belching, nosebleeds or other bleeding, cupping, the emission of pus, laughing in the prayer (Abū Hanīfa), eating camel meat, eating cooked food, carrying the dead person, slaughtering animals. None of these break wudū‘.

] [Khalīl: It is recommended to wash out the mouth after eating meat or drinking milk.]

2.3 Ghusl (Full Ablution)

2.3a. Ghusl Because of Emission of Sperm

You have to do ghusl when, as has already been mentioned, sperm (maniy-yu) is ejaculated accompanied by sexual pleasure either during sleep or when awake whether from a man or woman.

[One of the things which oblige ghusl is the emission of sperm with normal pleasure, whether while asleep or awake, or man or woman. It is not a precondition for the obligation of ghusl that it emerge with pleasure when it actually takes place. Ghusl is obliged simply by its emerging after pleasure has departed, as when he has pleasure without intercourse and then sperm emerges from him after the pleasure is over.]

2.3b. At the End of Menstruation and Lochia

Ghusl is also necessary at the end of bleeding from menstruation.

[It is more precise to say ‘the blood of menstruation’ because it is more general than simply saying ‘menstrual period’ since that specifically designates that which is preceded by purity and followed by purity. The beginning or end of the blood which emerges is not called ‘a menstrual period’. In the Sharīʿah, the blood of menstruation is that which emerges on its own from the vagina which normally does not exceed 15 days and it emerges without being caused by illness or childbirth. Blood which emerges not by some cause, or which emerges from the anus, or emerges from a child of seven or a woman of 70, or which exceeds 15 days, or which emerges because of illness, or because of childbirth is not menstruation so that its judgements apply to it.]

2.3c. False Menstruation or Menorrhagia

Ghusl is necessary when abnormal bleeding (istihādah) stops

[Then the cessation of the blood of false menstruation was made a cause which obliges ghusl. Mālik’s final position was that ghusl was recommended. He first said that she does not have a ghusl. None of the people of the school say that it is obligatory except for al-Bājī if one takes his transmission literally.]

2.3d. Lochia

Ghusl is necessary at the end of the period of bleeding which follows childbirth (nifas).

[Lochia is one of the causes which makes ghusl obligatory. Lochia (nifas) linguistically means childbirth, whether there is blood with it or not. It designates the blood itself which emerges from the vagina because of childbirth. In the usage of the people of Sharī’ah it designates the blood which emerges from the vagina because of childbirth in a healthy and normal way. The blood which emerges from other than the vagina is not nifas. That which emerges not on account of of childbirth is not considered nifās. That which does not emerge in a healthy manner is not nifās. That would normally be bleeding which occurs is after the period of nifās, which is 60 days.]

2.3e. Penetration of the Vagina

Ghusl must also be done if the head of the penis penetrates the vagina even if no ejaculation takes place.

[One of the things which obliges ghusl is the penetration of the penis of the adult into the vagina, even if there is no ejaculation, whether it is human or animal, or into the anus, wherther female or male, whether or not there is emission, and whether or not there is a covering over it, but that is provided that the barrier is light so that pleasure can be felt with it. As for the thick barrier, ghusl is not obliged with it unless there is ejaculation. Then there is ghusl because of ejaculation, not because of the disappearance of the penis. The basis for that is what is in the Muwatta’ and Muslim from the words of the Prophet , “When he sits between her arms and legs and then presses her, he is obliged to do ghusl. This hadith is abrogated by what Muslim related from the words of the Prophet, “When you are too quick or there is no ejaculation, there is no ghusl,”and by what was related from his words, “Water is needed on account of water [semen].”]

2.4 Legal Consequences of Vaginal Penetration

2.4a. Ghusl is Obligatory

This penetration of the vagina by the head of the penis necessitates ghusl.

2.4b. Legal Consequences in Case of Fornication

It necessitates the hadd punishment (for zinā’u) and the payment of the dowry and gives the married couples the status of being muhsan and makes a woman who has gone through a triple divorce halal for her original husband and invalidates hajj and fasting.

[It obliges the hadd punishment for fornication and obliges the payment of the dower in full because the contract on its own demands half of the dower. It accords the married couple the states of being muhsan provided that they are free, Muslim, sane and adult.

It makes a woman lawful for her prior husband, if he is a free man. As for the woman divorced by a slave, it makes her lawful when he has divorced her twice. However making the divorced woman who has been trebly divorced lawful for her prior husband must involve full penetration. Thus full penetration is not a precondition for requiring ghusl, the hadd punishment and payment of the dowry, but full penetration and lack of barrier are preconditions for making the couple muhsan and making the divorced woman lawful. ]

2.4.c. Invalidation of hajj and fasting

It invalidates hajj and fasting.

[It absolutely invalidates hajj, be it obligatory or voluntary, intentional or by forgetfulness, when it occurs before standing at ‘Arafah or after it before the Tawāfu-l-ʿIfāḍah and stoning the Jamrāhu-l-ʿAqabah on the Day of Sacrifice. He continues with his hajj and makes it up the following year. It invalidates fasting, even without full penetration it, be it obligatory or voluntary, intentional or by forgetfulness. He must make it up and owes kaffārah for the obligatory if it is done it deliberately. Otherwise there is only making up, as is the case with doing it deliberately in a voluntary fast.]

2.5. Ghusl and Menstruation

2.5a. When Ghusl is Done After Menstruation

A woman does ghusl immediately after she sees the white liquid (qassah) which comes at the end of menstruation, or when she notices dryness, even if she notices this after a day or two days or only an hour.

[As the blood of menstruation is mentioned as one of the causes which oblige ghusl, he goes on to clarify the sign which indicates that it has ended and that the womb is free of it. He mentioned that it has two signs: a white liquid and dryness. When the menstruating women sees one of the two signs, then her purity is clear and she is adjudged to be pure from that moment and does not wait for the second sign. There is no minimum length of menstruation. Its minimum amount is one spurt. There is no maximum amount of it, but has a maximum in time, which is fifteen days.]

[Khalīl: Its maximum for someone who is having a first period is half a month (i.e. 15 days. If it stops before that and then she remains pure for half a month and then blood comes, it is a new menstruation.) as half a month is the minimum of purity (which is fifteen days and there is no limit to its maximum).

[And the maximum length of menstruation for someone with normal periods (even if she has only had one period) is fifteen days. There are three days of using precaution (i.e. above and beyond) her normal maximum. (i.e. if she normally menstruates five days and then menstruates after that and it does not stop after the full five days, she adds three days to it. If it does not stop after that, it is false menstruation. But if her normal period is 15 days, she does not use precaution at all.) This is as long as it does not exceed half a month. (If it is 14, she uses one, and if 13, she uses 2.) Then she is pure (to fast, prayer and have intercourse even if the blood is flowing, because it is false menstruation and not menstruation.)]

2.5b. Resumed Bleeding

If bleeding starts again or if she sees any yellowish discharge, she must stop doing the prayer and then when the bleeding stops again she should do ghusl and start the prayer once more.

[If she sees the sign of purity and the judgement is that she is pure immediately, from the moment she sees purity, and then the blood resumes again or there is a yellowish discharge which does not have the colour of blood, she stops praying and reckons that she is still menstruating that day and considers all of it to be the same period. It is one period since it has come before complete purity. Or it may stop before the end of her normal period or extend after its normal length and before looking for purity or before it was complete. When the bleeding comes after complete purity or when it ended after her normal peiod and the days of looking for the end, then it is not menstruation, but abnormal bleeding, When it stops again, then she again does a ghusl and prays, and does not wait to see whether more blood comes again. This question is involves the woman whose purity is interspersed with bleeding to add the days together.]

[Khalil: The one who has bleeding patches has a ghusl whenever the blood stops in the patched days unless she thinks that the blood will return before the time she is in finishes. In such a case she is not commanded to do ghusl. She fasts (if it stops at Fajr or before) and prays and has intercourse after ghusl according to the known position as opposed to the author of the Irshād who says that intercourse is not permitted. She can pray in all the days of menstruation when the period comes to her at night and then stops before Fajr. So she might not miss a prayer or a fast.]

2.5c. Legal Consideration of Such Gaps

When this situation occurs, it is considered as one menstrual period when reckoning the period of ʿiddah (after divorce or being widowed) or the period of istibra (after the death of a husband).

[The intermittent blood is considered as the same period of bleeding in respect of ʿiddah and istibrā‘ and so the days of blood are added together until they reach that at which its judgement normally ends or other than. if it exceeds that it is abnormal bleeding.]

2.5d. Consideration of a Long Gap

If there is a considerable interval between the two periods of bleeding, such as eight or ten days, then the second one is considered a new menstrual period.

]If there is not a long gap between the two periods of bleeding, it is considered as one menstrual period for the purposes of ʿiddah and istibrā‘, but if there is a long interval between them but less than the time of purity, which is eight or ten, even though the accepted interval is 15 days, then the second is a new menstruation, i.e. the beginning of a new one which is counted for purposes of ʿiddah and istibrā‘.]

2.5e. Abnormal Bleeding

If menstrual bleeding continues longer than fifteen days, it is considered as istihādah and the woman should perform a ghusl, fast, pray and her husband can have sexual intercourse with her.

[This means if the bleeding continues for her, then she waits for fifteen days from its beginning because the maximum of menstruation in respect of her is fifteen days. Then she is judged to have abnormal bleeding whether the two periods of bleeding are distinct or not. She has a ghusl and prays and fasts. Her husband can come to her. We mentions that which has a beginning to distinguish it from that which has no beginning because there are certain points regarding that because it is either what is normal for her varies or it does not. If it is not different and the blood continues more for her than it normally does, she looks for purity for three days as long as they do not exceed fifteen days. If it varies, she then looks for purity when it is longer than its norm.]

2.6. Lochia

2.6a. Minimum of Lochia

If the bleeding after childbirth (nifās) stops soon after the birth, a woman should do ghusl straightaway and start doing the prayer.

[If shortly after childbirth a woman sees the sign which indicates that it is ended with white discharge and dryness, then she washes and prays. “Soon after birth” has no minimum limit in relation to time and it has a minimum in relation to what emerges, which is one gush.]

2.6b. Maximum of Lochia

However, if bleeding continues longer than sixty days, then she does ghusl anyway, the bleeding is considered as istihādah, and she does the prayer and fasts and her husband can have sexual intercourse with her.

[If the bleeding continues, she waits for sixty days, which it the maximum of its extent. If it stops after sixty, the matter is clear. If she continues to bleed after sixty, it is abnormal bleeding and she has a ghusl, prays and fasts and her husband can come to her.]

How to Perform Wuduu’ for Prayer: A Step by Step Chart for Children and New Muslims

How to Perform Wuduu’ for Prayer: A Step by Step Chart for Children and New Muslims

Clicking on the picture below twice (2 times) in order to enlarge its view:

After you clean your body and your clothes, you should prepare to perform wudū’ by filling a water container (i.e. small bucket or kettle) with clean water that is suitable for performing wudū’, then assume a sitting position, placing the water container in front of you and slightly to the right; then make your intention to perform wudu’, and thereafter say: Bis-mil-laah. Then perform the following sequential acts of wudu’:

1.  Wash your hands up to the wrist three times, then

2. rinse your mouth with water swishing the water in mouth and spitting it out three times, then

3. wash the inside of the noses by inhaling water and then exhaling it three times, then

4. wash the entire face three times, then

5. wash your right hands up to the elbow three times while combing through the fingers of the right hand with the fingers of the left hand, then

6. wash your left hand up to the elbow three times while combing through the fingers of the left hand with the fingers of the right hand , then

7. wipe over the head with wet hands from the front of the head to the nape of the neck and back to the front once (wet the hands for this wiping by putting water on them from the water container and then shaking off any excess water), then

8. wipe the inside of the ears along their folds and creases with wet index fingers and then wipe the outside of the ears with wet thumbs, starting from the bottom of the ears moving towards and ending at the top (wet the fingers for this wiping by putting water on them from the water container and then shaking off any excess water), then

9. wash the right foot to the ankle three times while combing through the toes of the right foot using the fingers of the hand, then

10.  wash the left foot to the ankle while combing through the toes of the left foot using the fingers of the hand  three times,l

Upon completion of wudu’ you should say: Ash-hadu an laa ilaaha illal laahu waḥ-dahu laa shariika lahu wa ash-hadu anna Muḥammadan ʿabduhu wa rasuuluhu. Allahumaj alnii minat-tawaabiina Allahumaj alnii minal muta-ṭah-hi-riina.

Translation:

I bear witness that there is no god but Allah Who is Alone without any partner for Him, and I bear witness that Muhammad is His slave and messenger. Oh Allah! place me among those who repent and place me among those who purify themselves.

الْـحَيْضُ (The Blood of Menstruation) and النَّفَاسُ (The Blood of Parturition [Childbirth]) from Matn al ʿIzziyah

الْـحَيْضُ (The Blood of Menstruation) and  النَّفَاسُ (The Blood of Parturition [Childbirth])

 الْـحَيْضُ (The blood of menstruation) ‮ ‬هُـوَ‮ ‬الدَّمُ‮ ‬الْـخَارِجُ‮ ‬بنَفْسِهِ(is the [natural] blood flow in itself) مِنْ‮ ‬قُبُلِ‮ ‬مَنْ‮ ‬تَـحْمِلُ (from the woman who is able to become pregnant). عَادَةٌ‮ ‬فِي‮ ‬مُدَّةِ‮ ‬خَمْسَةَ‮ ‬عَشَرَ‮ ‬يَـوْمًـا (It can last up to fifteen days) فَدُونَهَا إِلَى سَاعَةٍ‮ ‬ (or as little as an hour) مِنْ‮ ‬غَيْرِ‮ ‬وِلاَدَةٍ‮ ‬([as long as] it is not caused by childbirth) وَلاَ‮ ‬مَـرْضٍ (or illness). فَأَقَلُّهُ (The minimum duration [of purity from the blood of menstruation]) لاَ‮ ‬حَـدَّ‮ ‬لَـهُ (has no limit), كَـأَكْـثَرِ‮ ‬الطُّهْـرِ(likewise the maximum duration [of purity from the blood of menstruation][has no limit]). وَأَمَّا أَقَـلُّ‮ ‬الطُّهْـرِ (The minimum) فَخَمْسَةَ‮ ‬عَشَرَ‮ ‬يَوْمًا (can be fifteen days). وَأَمَّا أَكْثَرُ‮ ‬الْـحَيْضِ (As for the maximum duration period for the blood of menstruation), فَـيَخْتََلفُ (it varies) بِـخْتِلاَفِ‮ ‬الْـحُيَّضِ (in accord with the different menstrual cycles [of each female]). ‮  ‬فَإنْ‮ ‬كَانَـتْ‮ ‬مُـبْتَدَأَةٌ‮ ‬ (If she’s just staring to have a menstrual period) فَأَكْثَرُ (the maximum period) فِـي‮ ‬حَـقِّهَا‮ ‬(in reality) إذَا تَـمَادَتْ‮ ‬بِـهَا الْـحَيْضَةُ (if the bleeding persists) خَمْسَةَ‮ ‬عَشَـرَ‮ ‬يَـوْمًـا (is fifteen days). وَإِنْ‮ ‬كَنَاتْ‮ ‬مُعْتَادَةٌ‮ ‬(If she is a woman who is accustomed to regular menstrual cycles]),فَـإِمَّّا أَنْ تَـخْتَلِفَ‮ ‬عَـادَتُـهَا أَمْ‮ ‬لاَ (her normal period is either irregular or regular). فَـإنْ‮ ‬لَـمْ‮ ‬تَـخْتَلِفِ‮ ‬(Even if it is not irregular), ‮ ‬اسْظهَرَتْ‮ ‬عَلَى عَادَتِهَا بِثَلاَثَةِ‮ ‬أَيَّامًا (she can use precaution by adding three days above her normal period) مَا لَـمْ‮ ‬تُجَاوـِزْ‮  ‬خَـمْسَةَ‮ ‬عَشَـرَ‮ ‬يَوْمًَا ( that usually doesn’t exceed fifteen days),وَإِنِ‮ ‬اخْتِلاَفَتِ‮ ‬اسْتَظَهَرَتْ‮ ‬عَلَى أَكْثرِ‮ ‬عَادَتِهَا‮ ‬ (while if it [her period] is irregular, she can also use precaution for what is beyond her normal period),كَـذَالكَ‮ ‬ (in the same way [that is to say: she can add three days to what is above her normal period]). وَهِـيَ‮ ‬ (She),فِـي‮ ‬أَيَّّامِ‮ ‬الاسْـتِظْهَارِ (during the days of istiḍh-haar [precaution before performing ablution]) ‮ ‬حَـائِـضٌ (is still considered to be a menstruating woman). فَإِنْ‮ ‬تَـمَادَى بِهَا (If it [the bleeding] persist with her) ‮ ‬إِلَى تَـمَامِ‮ ‬خَمْسَةَ‮ ‬عَشَرَ‮ ‬يَومًا (up to the completion of fifteen days), فَحُكْمُهَا حُكْمُ‮ ‬الطَّاهِرِ (the judgement for her is same as the judgement for the woman who has purity) ‮ ‬فِـي‮ ‬تَـوْجِـيهِ(in respect) الصَّلاَةِ (to the prayer),وَالصَّوْمِ‮ ‬(fasting), وعَـدَمِ‮ ‬القَضَاءِ (the repayment of missed prayers), وَإِتْيَانِ‮ ‬الزَّوْجِ (and the arrival of the husband for intercourse).

فصْلٌ (Section)

ولِلطَّهْرِ‮ ‬عَلاَمَتَانِ (Purity from menstruation has two signs:) 1. الْـخُفُوفُ (dryness): وَهُـوَ (it is) أَنْ‮ ‬تُـدْخِـلَ‮ ‬الْـمَرْأَةُ (when a woman puts) خِرْفَةً (a cloth) فِي‮ ‬فُرْجِـهَا (into the opening of her vagina) فَتَخْـرُجَ (and when she takes it out),‮ ‬جَافَّةً (it is dry);لَـيْسَ‮ ‬عَـلَيْهَا شَـيْءٌ‮ ‬مِـنَ‮ ‬الدَّمِ‮ ‬ (there isn’t any blood on it). 2. وَالْقَصَّةُ‮ ‬الْبَيْضَاءُ (al-qiṣṣatu-l-bayḍaa’u) ‮ ‬وَهِيََ‮ ‬مَاءٌ‮ ‬أَبْيَضُ‮ ‬رَقِيٍقٌ(which is thin white water) يَأْتِى فِي‮ ‬آخِرِ‮ ‬الْـحَيْضِ (that comes at the end of menstrual bleeding) كَـمَاءِ‮ ‬الْقَصَّةِ (which like the water from gypsum). ‮ ‬وَهِـيَ‮ ‬الْـجِيرُ(It [resembles] the water of quicklime) وَالْـقَصَّةُ (and gypsum). أَبْـلغُ (This is a more reliable indicator) للْـمُتَادَةِ (for a woman who is accustom to having a menstrual period). فإِذَا رَأَتِ‮ ‬الْـخُفُوفَ‮ ‬أَوَّلاً (Even if she see the dryness first), ‮ ‬انْـتَظَرَتِ (she should still expect to see) الْـقَصَّةَ (the white water) لآخِرِ‮ ‬الْوَقْتِ‮ ‬الْـمُخْتَارِ (towards the end of the particular period).

وَأَمَّا الْـمُبْتَدَأَةُ (As for the one who is just starting to menstruate), فَـلاَ‮ ‬تَـنْتَطِرُ (she should not expect to see) الْـقَصَّةِ‮ ‬ (the white water)إذَا رأَتِ‮ ‬الْـجُفُوفِ‮ ‬أَوَّلاً‮ ‬(if she sees dryness first). وَعَـلَى الْـمَرْأَتِ (A woman is obligated) أَنْ‮ ‬تَنْتَطِرَ‮  ‬طَهْرَهَا (to look for her state of purity) عِنْدَ‮ ‬النَّوْمِ (when she’s going to sleep) وَعِنْدَ‮ ‬صَـلاَةِ‮ ‬الصُّبْحِ (and when it is time to pray Ṣalatu-ṣ-Ṣubḥ).

وَيَـمْنَعُ‮ ‬الْـحَيْضُ (Menstruation prevents) الصَّلاَةَ (prayer [from being performed]), وَالصَّومَ (fasting) والطَّلاَقَ ([the pronouncement of] divorce), ومَسَّ‮ ‬الْـمُصحَفِ (the touching of a copy of the Qur’an), وَقرَاءَةَ‮ ‬القُرْأَنِ (the recitation of the Qur’an), وَدُخُـولَ‮ ‬الْـمَسْجِـدِ (the entry [of a woman] into the masjid), وَالْـوَطَءَ‮ ‬فِـى الْـفُرْجِ (sexual intercourse [between the man and the woman]) زَمَنَ‮ ‬الْـحَيْضِ (during the time of menstruation), وَبَـعَدَهُ (and after it), قَبْلَ‮ ‬طُهْرِهَا بِالْـمَاءِ (before the woman has purified herself with water).

فصْلٌ (Section) النَّفَاسُ (The Blood of Parturition [Childbirth])

النَّفَاسُ (The blood of parturition [childbirth]) هُـوَ‮ ‬الدَّمُ‮ ‬الْـخَارِجُ (is the blood which comes out) مِـنَ‮ ‬الْـقَبْلِ (of the opening of the woman)  بِسَـبَبِ‮ ‬الْوِلاَدَةِ (because of childbirth) غَـيْرَ‮ ‬زَائِدِ‮ ‬عَلى سِـتِّيـنَ‮ ‬يَوْمًا (for a period not exceeding sixty days)1 فَـلاَ‮ ‬يَسْـتَظْهِرُ ([After sixty days,] there are no precautionary days)2. وَحُـكْمُ‮ ‬دَّمِ‮ ‬النَّفَاسِ (The legal ruling for the blood of parturition [childbirth]) فِـيمَا‮ ‬يَـمْنَعُهُ (in respect to what it prohibits) وَِفِي‮ ‬اقتضَائِهِ‮ ‬الْغَسْلَ (and in respect the necessity of ghusl) حُـكْمُ‮ ‬دَمِ‮ ‬الْـحَيْضِ (is the [same as] legal ruling for menstruation) مُـطْلَقًا (without any restriction). وَاللَّهُ‮ ‬أَعْلَمُ (And Allah is the Best Knower).

Footnotes:

1 Minimum of the bleeding after childbirth (Nifas)

وإذا انقطع دم النفساء وإن كان قرب الولادة اغتسلت وصلت

If the bleeding after childbirth (nifas) stops soon after the birth, a woman should do ghusl straightaway and start doing the prayer. [ If shortly after childbirth a woman sees the sign which indicates that it is ended with white discharge and dryness, then she washes and prays. “Soon after birth” has no minimum limit in relation to time and it has a minimum in relation to what emerges, which is one gush.]

Maximum of the bleeding after childbirth (Nifas)

وإن تمادى بها الدم جلست ستين ليلة ثم اغتسلت وكانت مستحاضة تصلي‮ ‬وتصوم وتوطأ

However, if bleeding continues longer than sixty days, then she does ghusl anyway, the bleeding is considered as istihada, and she does the prayer and fasts and her husband can have sexual intercourse with her. [If the bleeding continues, she waits for sixty days, which it the maximum of its extent. If it stops after sixty, the matter is clear. If she continues to bleed after sixty, it is abnormal bleeding and she has a ghusl, prays and fasts and her husband can come to her.]

2 The three precautionary days that a woman waits before performing ghusl.

Chapter 2 – Concerning الصَّلاةِ (Prayer) – Section:

  1. الصَّلاَةُ‮ ‬الْـمَفْرُوضةُ‮ ‬ (The Obligatory Prayers) from Matnu-l-ʿIzziyah

This is not the complete text, but rather, its a work in progress. In shaa’a-l-laah, there will be more sections add over time.  

Get full Arabic text by clicking on link: Arabic Text

 Explanation of Matn Al īzziyyah click link: Audio

Questions About Purification from ‘al-Khalaaṣatu-l-Fiqhiyyah

Questions About Purification from ‘al-Khalaaṣatu-l-Fiqhiyyah ʿalaa Madh-habi-s-Saadaati-l-Maalikiyyah’ by Muhammad al ʿArabī al Qarawī

س  _ مَا هِيَ  حَقِيقَتُهَا وَكَمْ  أَقْسَامُهَا

What is it (purification) in reality and how many are its kinds?

ج  _ الطَّهَارَةُ  رَفَعَ  الـْمَنْعِ  الْـمُرَتَّبِ  عَلَى الأَعْضَاءِ  كُلِّهَا وهي  الطهارة الكبرى المسماة بالغسل أو على بعض الأعضاء  وهي  الطهارة الصغرى المسماة بالوضوء والمراد بِالـْمَنْعِ  الحالة التى لا تُبِيحُ  لِلاِنْسَانِ  أَنَ  يُؤَدِّي  عِبَادِتَهُ  كحالة تلبسه بناقض من نواقض الوضوء المانع له من أداء الصلاة مثلا

Purification is the removal of the prohibiting things that accumulate on all of the limbs. This is purification from major impurity which is called ghusl, or [purification is the removal of the prohibiting things that accumulate] on some of the limbs. This is purification from minor impurity which is called wuduu’. What is meant by prohibiting things is the condition which doesn‘t allow the human being to perform his acts of worship, like when he is overcome by the things which nullify wuduu‘ thereby preventing from performing the prayer for example.

والطهارة قسمان طهارة حدث وطهارة خبث

Purification is divided into two types1: ‬طَـاهَـرَةُ‏ حَـدَثٍ (purity from minor or major impurities of the body]) and  طَـاهَـرَةُ‏  خَـبَثٍ (purity from impure substances).

س  _  ما هو الحدث وكم أقسامه

What is طَـاهَـرَةُ‏  حَـدَثٍ (purification from minor or major impurities2 of the body])?

ج  _ هو الـمنع المرتب على الأعضاء كلها وهو الحدث الأكبر الـموجب للغسل أو الـمنع المرتب على بعض الأعضاء وهو الحدث الأصغر الـموجب للوضوء

It is [either purification from] the prohibiting things that accumulate on all of the limbs, and this is major impurity which requires ghusl or it is [purification from] prohibiting things that accumulate on some of the limbs, and this is minor impurity which requires wuduu‘.

س  _  ما هي  طهارة الخبث وبماذا تكون

What is طَـاهَـرَةُ‏  خَـبَثٍ (purification from impure substances)3 and what else is it?

ج  _ هي  إزالة النجاسة عن ثوب الـمصلي  وبدنه ومكانه وتكون بأي  نوع من أنواع المياه إذ الـمعتبر فيها إزالة عيـن النجاسة وتطهير محلها

It is the removal of impure substances from the clothing, body and area of worship of the one who‘s praying, and depending on the kind of water used in regards to it, it is the removal of the source of the impure substance and the purification of the area where it was located.

س  _ هل تنقسم طهارة الحدث وبأي  شيء تكون

Is طَـاهَـرَةُ‏  خَـبَثٍ  (purification from impure substances) divided into different kinds, and what are they?

ج تنقسم إلى قسمين مائية وهي  الوضوء والغسل وترابية وهي  التيمم وتكون بالماء المطلق

It is divided into two kinds: [purification with] water which [is used for] wuduu‘ and ghusl, and [purification with] pure earth [which is used for] tayammum. Purification should be done with  الْـمَاء الـمُطْلَقِ (valid water free from impurities).

س  _ ما هو الماء المطلق

What is الْـمَاء الـمُطْلَق(valid water free from impurities)? 4

ج  _ هي  ما اجتمع فيه شرطان أن  يكون باقيا على أصل خلقته بحيث لم  يخالطه شيء كماء البحر والآبار والماء المجتمع من النَّدَى والذَّاِئبِ  بعدما كان جامدا كالجليد وأن لا  يتغير لونه ولا ريحه بشيء  يفارقه في  الغالب من الأشياء الطاهرة أو النجسة

It (water)5 has two conditions: (1) that it remains in its original state wherein nothing has become mixed with it, like the water of the sea and wells, and the water collected from rain (dew) and what has melted after having been solid, like ice; (2) its color and smell have not been changed by anything which causes a separation in it, whether by something pure or impure.

س  _ ما هو حكم الماء المتغير

What is the ruling with regards to الـْمَاءُ  الـْمُتَغَيِّّرُ (water that has been altered)?

ج  _ إن تغير الماء بنجس فلا  يستعمل للعادة ولا للعبادة كالدم والجيفة والخمر وإن تغير بطاهر  غير ملازم له استعمل للعادة دون العبادة  كاللبن والسمن والعسل وإن تغير بطاهر ملازم له استعمل للعادة كالمتغير بأجزاء الأرض كالـمغرة والملح والكبريت والتراب وبما  يلقى فيه  من أجزائها كالطَّفْلِ  ولو قصدا وكالمتغير بِطْولِ  مَكْثٍ  أو بما تَوَلَّدَ  فيه كالسمك والطَّحْلَبِ  أو بما  يعسر الإحتراز منه كالتبن  وورق الشجر

If the water has been changed6 by an impure substance, like blood, a corpse and wine, it can not be used for a common purpose nor worship, while if it is changed by a pure substance, it must be used for a common purpose, for example the water that has been changed by a something out of the earth, like: red soil, salt, sulphur, and pure earth, and by other things that comes in contact with the water, like potter‘s clay, and when not intended like the water has been changed by something that has been in it a long time or by what has been procreated in it like fish or moss, or  what is difficult to prevent from falling into it, like straw and leaves from trees.

س  _ ما هو الماء الذي  يكره استعماله في  الطهارة

What is dislike about the water which has already been used for purification?7

ج  _ يكره التوضؤ والغسل بالماء القليل الذي  كان استعمل في  واحد منهما والماء الذي  حلت فيه نجاسة ولم تغيره لقلتها ولو كان استعماله في  طهارة الخبث والماء الذي  ولغ  فيه كلب

What is disliked about it is the performance of wuduu‘ and ghusl with a small amount of water which has already been used in the performance of one of them (wuduu‘ or ghusl), and water in which there is an impure substance that has change it, and even if it hasn‘t changed the least of it, and if the water was used for purification from  an impure substance, and the water which a dog has licked.8

Footnotes:

1 الطَّهَارَة (Purity) قِـسْمَانِ (is of two kinds): طَـاهَـرَةُ‏ حَـدَثٍ (purity from minor or major impurities of the body) وَطَـاهَـرَةُ‏  خَـبَثٍ  (and purity from impure substances which pollutes the body, clothing, the place of worship or any other thing connected with worship) – Click the following link:
Matn al Akhḍarii – from The Section about الطَّهَارَة – At-Ṭahaarah (Purity)
2  مَـيْتَةُ  الآدَمِِـيِّ (The human corpse ), غَـيْرَ  الأَمْـبِيَاءِ (all except the prophets) نَـجِسَةٌ (are impure),  وَمَيْتَةَ  مَالاَ  نَفْسَ  لَهُ  سَائِلَةٌ (as well as the dead thing, that unquestionably has no breath) كَالقَسَلَةِ (like the louse) عَـلَى الْـمَشْهُورِ (as is well known), وَالْـبَرْغُوثِ (as well as the flea) عِنْدَ  ابْنِ  الْقَصَّارِ (according to Ibn Qassār), وَمَا أُبِـينَ  مِـنَ  الْـحَيِّ (and what has become physically detached from the living) أَوِ  الْـمَيِّتِ (or the dead), مِـمَّا تَـحُـلّهُ  الْـحَاةُ (from what is lawful while alive) كَـالقَرْنِ (like the horn),  وَالعَظَمِ (the bone),  وَالظُّفْرِ ((the fingernail), وَالـجِـلْدِ (the hide or the skin) نَـجِسَةٌ (are impure), وَلَـبَـنُ  الْـمَـيْتَةِ (as is the milk of the corpse) وَمُحَـرِّمِ  الأَكْـلِ  كَالْكِرْزِيرِ (and that which is is unlawful to eat), كَـالْـكِرْزِيرِ (like the pig), وَالأَتَـان (the female donkey), وَبَولُ  الْـجَلاَّلَـةِ (the urine of most animals) ورَجِـيعُهُ (and their faeces), وَهِـيَ  كُـلُّ   حَـيَوَان (and they are every animal) يَسْـتَعْمِِلُ  النَّجَاسَةَ (that eats things are impure), وَالْـبَوْلُ  وَالْعَذِرَةُ مِـنَ  الآدَمِىِّ (and the urine and the faeces of the human being), غَـيْرَ  فَـضَلَاتِ  الأَنْـبِيَاءِ (except the faeces of the prophets) وَمِـنْ  مُحَـرِّمِ  الأَكْـلِ (and that which is unlawful to eat) وَمَـكْرُوهِـهِ (or is disliked [for consumption]) كَـالسَّبُعِ (like the lion), وَالذِّئْـبِ (and (the wolf), القَيْحُ (and pus), الصَّدِيدُ (festering matter),  الدَّمُّ  الـمَسْفُوحُ (blood pouring out), مِـنَ  الآدَمِـيِّ (from the human being) أًوْ  غَـيرِهِ (or non-human), الْـقَيْءُ (vomit) الْـمُتَغَيِّرُ (which has changed) عَـنْ حَـالَـةِ  الطَّعَامِ (from the condition of being food), وَالـمُسْكِرُ (and the intoxicant) كَـالـخَـمَرِ (such as wine), وَالـمَنِيُّ (and sperm) وَهُـوَ  مِـنَ  الرَّجُـلِ  (which is the from the man);  مَـاءٌ أَبْـيَضُ  ثَّخِينٌ  (it is thick white water) بِـمُثَلَّثَةِ (in appearance);  أَيْ  غَـليظٌ  يَـتَذَفَّقُ (that is to say, it is thick when it gushes out) فِـي  خُـروجِـهِ (of the opening of the penis). رَائِـحَتُهُ  كَـرَائِـحَة الطَّلْعِ (Its smell is like the smell of pollen); وَقَـرِيبٌ  مِـنْ  رَائِـحَةِ  الْـعَجِينِ (while it is closer in smell to dough). وَإِذَا  يَـبِسَ   (when it has dried),  كَـانَ  كَـرَائِـحَةِ  الْبَيْضِ (it smells like the egg). وَمِـنَ الْـمَرْأَةِ (and that which comes from the the woman)مَـاءٌ  أَصْـفَرُ  رَقِـيقٌ (which is a thin yellow water), وَالوَدْيُ  بِـدَالِ  مَـهْمَلَةٍ  وَفِـي  الُـيَاءِ   وَجْـهَانِ (andwadii which is spelled with the letters daaland yaa has two characteristics): التَّشْـدِيدُ  وَالْـخَفِيفُ (intense and light); وَهُـوَ  مَاءٌ  أَبْيَضُ  ثَخِينٌ (it is a white thick liquid) يَخْـرُجُ  غَـالِـبًا (that discharges in most cases) عَـقِبَ  الْـبَولِ (immediately after urine),  وَالـمَذْيُّ (and prostatic fluid) مَـاءٌ أَبْـيَضُ رَقِـيقٌ  (is a white thin liquid) يَخْـرُجُ  عِـنْدَ  اللَّذَّةِ (which is discharged as a result of pleasure) بِالإنْـعَاظِ   (from sexual excitement) أَيْ  قِيَامِ  الذَّكَرِ (that is to say, when the penis is erect),  عِـنَدَ الـمُلَاعَـبَة (either during romance) أَوْ  التَّذْكَـار (or the recollection of it): أَيِ  التَّفَكُّر (that is to say thinking about it), رَمَـاد النِّـجِسِ (The ashes of what is impure) وَالدُّخَـانُهُ (and the smoke from it) نَـجِسٌ ( are [all] impure). [that is to say all the above-mentioned]. – Click the following link:
Matn al ʿIzziyah – from The section about The Status of Substances That Come in Contact with Body or Come from the Body both Externally and Internally
3 فَـأَمَّا أَحْـدَاث (As for impurities of the body), فَخَـمْسَةٌ (they are five kinds): ثَـلاَثةٌ  مِـنْ  الْـقُبُلِ (three are from  the front of the body) وَهِـيَ (and they are): الْـمَذْيُ (prostatic fluid), وَالْـوَديُ (a thick white fluid which flows out immediately after urine)  وَالْـبَوْل (and urine); وَاثْـنَانِ (and two are) مِـنَ  الدُّبْـر  (from the rear of the body) وَهُمَا (and they are): الغَائِطُ (faeces)  وَالرِّيحُ (and gas) –Click the following link:
Matn al Ashmaawiyyah – from The Chapter About نَوَاقِض الْوُضُوءِ (the Things That Nullify Wuḍuu’ [Minor Ablution])
عْـلَمْ  4 (Know) – وَفََّـقَكَ  اللَّهُ (May Allah, Exalted is He grant you success) – أَنَّ  الْـمَاءَ  عَـلَى قِـسْمَيْـنِ (that water is of two kinds): مَـخْـلُوطٍ (mixed)   وَغَـيرِ مَـخْـلُوطٍ  (and unmixed). فَـأَمَّا  غَـيرُ مَـخْـلُوط (As for   unmixed)   فَهُوَ  طُـهُورٌ (it is pure)  وَهُوَ  الْـمَاء الـمُطْلَق (and it is valid water free from impurities);  يَـجُوزُ  مِـنْهُ  الْـوُضُـوءُ (wuḍuu’ can be performed with it), سَـوَاءً (equally whether) نَـزَلَ  مِنَ  السَّمَاء (it has fallen from the sky) أَوْ  نَـبَعَ  مِـنَ  الأَرْضِ (or it has sprung out of the ground). – Click the following link:
Matn al Ashmaawiyyah – from The Chapter About أَقْسَام الْـمِيَاهِ (the Kinds of Water) That Can Be Used To Perform Wuḍuu’
5 قَـال الله تَـعَالَى   (Allah the Most High has said [in His Noble Book]): وَاَنْزَلْـنَا مِنَ  السَّمَاءِ  مَـاءً  طَـهُورًا (We have sent down from the sky pure water). الْـمَاءُ الطَّهُورُ (Pure water is) مَـا كَـانَ  طَـاهِـرًا (what is pure) فِـي  نَـفْسِهِ (in itself) مُطَهِّرًا (and a purifier) لِـغَيْرِهِ (for other substances) – كَـمَاءِ  الْبَحْـرِ (like the water of the sea [for example]), وَالْـبِئْرِ (and the well)  وَالْـمَطْرِ (and the rain), إذَا لَـمْ  يَـتَغَيَّرْ  شَـيْءٌ (as long as nothing has been changed) مِـنْ أَوْصَـافِـهِ  الثَّلاَثِ (in one of its three characteristics), وَهِـيَ (and they are): اللَّوْنُ (the color), وَالطَّعْمُ (the taste), والرِّيحُ (and the smell) – بِـمَا  يَـنْفَكُّ  عَـنْهُ  غَالِبًا (by something that causes a predominant changes in it),  كَـاللَّبنِ (like milk), وَالْعَسَـلِ (honey), وَالْـبَوْلِ (urine) وَالْعَذِرَةِ (and faeces).
فَـإنْ  تَـغٌيَّرَ (If something changes) مِـنْ  أَوْصَـافِـهِ  الثَّلاَثِ (one of its three characteristics of the water) ذُكِـرَ (that have been mentioned) وَنَـحْوِهِ (or something similar happens), فَـلاَ  يَـصِحُّ  الوُضُـوعُ  مِـنْهُ (then wuḍuu’ is not valid from its use) وَلاَ  الْغُسْـلُ (nor is (ghusl)  وَلاَ الاِسْـتِنْجَاءُ (or istinjaa’).  الـْـمُتَغَيَّرُ (That which has been changed) بِـالطَّاهِـرِ (by (the pure) طَاهِـرٌ (is clean) غَـيْرُ  طُـهُورٍ (but not pure enough). يَسْـتَعْمَلُ  فِـي  الْـعَادَتِ (It can be used for a common purpose use), وَلاَ  يَسْـتَعْمَلُ  فِـي  عِـبَادَاتِ (but cannot be used for purposes of worship). الـْـمُتَغَيَّرُ (that which has been changed) بِـالنَّجِسِ (by the impure) نـَـجِسٌ (is impure) وَلاَ  يَسْـتَعْمَلُ  فِـي  شَـيْءٍ   مِـنَ  الْـعَادَاتِ (and can neither be used for common purposes) وَلاَ فِـي شَـيْءٍ مِـنَ العبادات (nor purposes of worship).
وَإِذَِا تَـغَيَّرَ (If the change) بِـمَا هُـوَ  مِـنْ  قِرَارِهِ (is from what has settled at the bottom of it [the water]), كَالتُّرَابِ (such as dust), وَالـْـمِلْحِ (salt), وَالنُّورَة (lime) أَوْ  بِـمَا تَوَلَّدَ  مِنْهُ (or what grows from it [the water]),  كَـالطُّهْـلُب (like moss) أَوْ  بِـطُولِ  الْـمُكْثِ (or because it has been sitting for a long time), فَـإِنَّهُ  لاَ  يَـضُرُّ (then it is not considered noxious) وَيَسْـتَعْمَلُ  فِـي  الْـعَادَتِ (and it can be used for common purposes)  وَالْعِبَادَاتِ (and worship).
وَإِذَا وَقَـعَ  ُفِـي  الْـمَاءِ  الْـقَلِيلِ (If it falls into a small amount of water), كَـآنِـيَةِ  الْـوُضُـوءِ (like [what may be found in] the vessel containing water for ablution) لِـلْـمُتَوَضِّي (for the one who needs to perform wuḍuu’), وَآنِـيَةِ  الْغُسْـلِ (and a vessel containing water for performing major ablution) لِلْـمُغْتَسِـلِ (for the person who is performing major ablution), نَـجَاسَـةً (an impure substance) , ولَـمْ تُـغَيِّرْهُ (and it did not alter it [the water]), فَـإنَّهُ  يَـصِحُّ  الطَّهِـيرُ  بِـههِ (then purification with it is valid), لَـكِنْ  يَـكْرَهُ (but it is disliked) إِذَا وَجَـدَ غَـيْرَهُ (if other [water] is found). – Click the following link:
Matn al ʿIzziyah – from The section about The Characteristics of the Water Used for Minor and Major Ablution
6 وَأَمَّا الْـمَـخْـلُوط (As for mixed water), إذَا تَـغَيَّرَ أَحَـدَ أَوْصَـفِهِ الثَّلاَثَـة (one of it’s three characteristics): لَـوْنِـهِ [it’s color], أَوْ طَـعْمِهِ [it’s taste] أَوْ رِيحِهِ [or it’s smell] has been altered) بِشَيْءٍ (by something). وَهُوَ  عَـلَى قِـسْمَيْـنِ  (Mixed water  is of two kinds):
1) تَـارَةً (Sometimes), يَـخْتَلِطُ (water becomes mixed) بِـنَـجَسٍ (with an impure substance) and فَـيَـتَغَيَّرُ  بِـهِ (the water becomes alters by the impure substance). فَـالْـمَاءُ  نَـجَسٌ (Water that contains an impure substance) لاَ  يَـصِحُّ  مِـنْهُ  الْـوُضُـوءُ (is not valid for wuḍuu’). وَإِنْ  لَـمْ  يَـتَـغَيَّرْ  بِهِ  (If the water has not been altered by the impure substance),  فَإِنْ  كَانَ  الْـمَاءُ  قَـلِيلًا (but the water is a small amount), كُـرِهَ  الْـوُضُـوءُ  مِـنْهُ (the performance of wuḍuu’ with it is disliked). عَـلَى الْـمَشْهُورِ (This is in accord with what is well known in the madh-hab of Imām Mālik).
2)  وَتَـارَةً (Sometimes), ‬يَـخْتَلِط (water becomes mixed) بِـالطَّاهِـرِ (with a pure substance)فَـيَـتَغَيَّرُ  بِـهِ (and the water becomes alters by the pure substance). فَـإِنْ كَـانَ الطَّاهِـرُ (If the pure substance is) مَِـمَّا يُـمْكِنُ الاِحْـتِرَازُ مِـنْه (is a substance  that can be prevented from being mixed with the water), كَـالْـمَاءِ مَخْـلُوطٌ (like water which has been mixed)  بِـالزَّعْـفَرَان (with saffron), وَالْـوَرْد (rose), وَالْـعَجِين (dough)  وَأَشْـبَهُ  ذَالِـكَ (and what is similar to these things), فَهَـذا الْـمَاء (then this water) طَّاهِـرِ فِـي نَـفْسِهِ (is pure in its essence), غَـيْرُ مُطَهَـرُ لِـغَيْرِهِ (but not a purifier for anything else). فَيُسْـتَعْمَلُ فِـي الْـعَادَاتِ (It can be used for ordinary purposes) مِـن طَبْخٍ (such as cooking), وَعَـجْنٍ (making dough), وَشُرْبٍ (drinking) وَنَحْوِ  ذَالِـكَ (and things of that nature).وَلاَ  يُسْـتَعْمَلُ  فِـي الْـعِبَادَاتِ (It can not be use for purposes of worship) وَلاَ  فِـي  وُضُـوءِ (nor for wuḍuu’)  وَلاَ فِـي غَـيْرِهِ (nor anything else in that category).
وَإِنْ  كَـانَ بِـمـا  يُـمْكِنُ  الاِحْـتِرَازُ  مِـنْهُ (If the water can not be preserved from the pure substance being mixed with it), كَـالْـمَاءِ  الْـمُتَغَيَّرِ  (like water that has been changed)  بِـالسَّبْخِ (by salt from the salt marsh),   أَوِ  الْـحَـمَأَةِ (or mud),   أَوِ  الْـجارِي  عَـلَى مَعْدنِ  زِرنِـيخٍ  أَوْ  كِـبْرِيتٍ (or the run off from a source where arsenic or sulfur originates) أَوْ نَـحْوُ ذَالِـكَ (or what is similar to these things), فَهَـذا كُـلُّهُ  طُـهُورٌ (this water in it’s entirety is pure) and يَـصِحُّ مِـنْهُ الْـوُضوءُ (the wuḍuu’ that is perform with it is valid). وَاللَّهُ أَعْلَمُ (Allah is the Best Knower) – Click the following link:
Matn al Ashmaawiyyah  – from The Chapter About أَقْسَام الْـمِيَاهِ (the Kinds of Water) That Can Be Used To Perform Wuḍuu’
وَالْـمَـاءُ  الْـمُسْـتَعْمَلُ  فِـي  الْـوُضُـوء  وَالْغُسْـل 7(Water previously used for wuḍuu’ and ghusl) طَـهُورٌ (is pure); يَـكْرَهُ  الطَّهِـيرُ بِـهِ (but purification with it is disliked) مَـعَ  وُجُـود (if other water is found). وَفِـي الْـمُسْـتَعْمَلُ  فِـي غَـيْرِهِ (In regards to used water) which is used for other than wuḍuu’, like كَـالْـمُسْـتَعْمَلِ  فِـي  التَّبَرُّدِ (the water used to refresh oneself or cool off) وَغَسْـلِ الْـجُـمُعَةِ (and used for the ghusl the Jumuʿah prayer), قَـوْلاَنَ (there are two views) بِـالْـكَرَاهَـةِ (concerning the disliked of it) عَدَمِهَا (and the absence of a dislike for it) – Click the following link:
Matn al ʿIzziyah – from the section about The Characteristics of the Water Used for Minor and Major Ablution

8 ‬ قَالَ‮ ‬وَقَالَ‮ ‬مَالِكٌ‮ ‬‭:‬‮ ‬فِي‮ ‬الإِنَاءِ‮ ‬يَكُونُ‮ ‬فِيهِ‮ ‬الْـمَاءُ‮ ‬يَلَغُ‮ ‬فِيهِ‮ ‬الْكَلْبُ‮  ‬قَالَ‮ ‬مَالِكٌ‮ ‬‭:‬‮ ‬إنْ‮ ‬تَوَضَّأَ‮ ‬بِهِ‮ ‬وَصَلَّى أَجْزَأَهُ‮ ‬قَالَ‮ ‬‭:‬‮ ‬وَلَمْ‮ ‬يَكُنْ‮ ‬يَرَى الْكَلْبَ‮ ‬كَغَيْرِهِ‮ ‬قَالَ‮ ‬وَقَالَ‮ ‬مَالِكٌ‮ ‬إنْ‮ ‬شَرِبَ‮ ‬مَائًا مِنْ‮ ‬الإِنَاءِ‮ ‬مَا‮ ‬يَأْكُلُ‮ ‬الْـجِيَفَ‮ ‬مِنْ‮ ‬الطَّيْرِ‮ ‬وَالسِّبَاعِ‮ ‬لَمْ‮ ‬يَتَوَضَّأْ‮ ‬بِهِ

He (Ibn al-Qaasim) said, “Maalik said, If a water container has water in it that the dog has licked.” He (Ibn al-Qaasim) said, “Maalik said, ‘If he performed wuḍuu’ with it and prayed it is allowed.” He (Ibn al-Qaasim) said, “He (Maalik) was was not of the opinion that the dog was similar to other (animals).”  He (Ibn al-Qaasim) said, “Maalik said, ”If he (the dog) drank water from a container when he has eaten  الْـجِيفَ‮ ‬مَـنْ‮ ‬الطَّيْرِ (the dead bird) or السِّبَاعِ (animal), then he (the worshipper) should not perform Wuḍuu’ with it (that water).”

قَالَ‮ ‬وَقَالَ‮ ‬مَالِكٌ‮ ‬‭:‬‮ ‬إنْ‮ ‬وَلَغَ‮ ‬الْكَلْبُ‮ ‬فِي‮ ‬إنَاءٍ‮ ‬فِيهِ‮ ‬لَبَـنٌ‮ ‬فَلاَ‮ ‬بَأْسَ‮ ‬بِأَنْ‮ ‬يُؤْكَلَ‮ ‬ذَلِكَ‮ ‬اللَّبَـنُ‮ ‬قُلْتُ‮ ‬هَلْ‮ ‬كَانَ‮ ‬مَالِكٌ‮ ‬يَقُولُ‮ ‬يُغْسَلُ‮ ‬الإِنَاءُ‮ ‬سَبْعَ‮ ‬مَرَّاتٍ‮ ‬إذَا وَلَغَ‮ ‬الْكَلْبُ‮ ‬فِي‮ ‬الإِنَاءِ‮ ‬فِي‮ ‬اللَّبَـنِ‮ ‬وَفِي‮ ‬الْـمَاءِ؟ قَالَ‮ ‬‭:‬‮ ‬قَالَ‮ ‬مَالِكٌ‮ ‬‭:‬‮ ‬قَدْ‮ ‬جَاءَ‮ ‬هَذَا الْـحَدِيثُ‮ ‬وَمَا أَدْرِي‮ ‬مَا حَقِيقَتُهُ‮ ‬

Maalik said, “If a dog licks from a container in which there was milk, there was no objection to that milk being drunk.”  I said, “didn’t Maalik used to say, “the bowl that a dog licked  should be washed seven times when the dog licked milk or water in the bowl ?”  He (Ibn al-Qaasim) said, “Maalik said, “This hadiith has come and I do not know about its authenticity.”

قَالَ‮ ‬وَكَأَنَّهُ‮ ‬كَانَ‮ ‬يَرَى أَنَّ‮ ‬الْكَلْبَ‮ ‬كَأَنَّهُ‮ ‬مِنْ‮ ‬أَهْلِ‮ ‬الْبَيْتِ‮ ‬وَلَيْسَ‮ ‬كَغَيْرِهِ‮ ‬مِنْ‮ ‬السِّبَاعِ‮ ‬،‮ ‬وَكَانَ‮ ‬يَقُولُ‮ ‬‭:‬‮ ‬إنْ‮ ‬كَانَ‮ ‬يُغْسَلُ‮ ‬فَفِي‮ ‬الْـمَاءِ‮ ‬وَحْدَهُ‮ ‬وَكَانَ‮ ‬يُضَعِّفُهُ‮ ‬،‮ ‬وَقَالَ‮  ‬لاَ‮ ‬يُغْسَلُ‮ ‬مِنْ‮ ‬سَمْنٍ‮ ‬وَلاَ‮ ‬لَبَـنٍ‮ ‬وَيُؤْكَلُ‮ ‬مَا وَلَغَ‮ ‬فِيهِ‮ ‬مِنْ‮ ‬ذَلِكَ‮ ‬وَأَرَاهُ‮ ‬عَظِيمًا أَنْ‮ ‬يَعْمِدَ‮ ‬إلَى رِزْقٍ‮ ‬مِنْ‮ ‬رِزْقِ‮ ‬اللَّهِ‮ ‬فَيَلْقَى الْكَلْبَ‮ ‬وَلَغَ‮ ‬فِيهِ‮ ‬

He (Ibn al-Qaasim) said it seemed he (Maalik) viewed the dog as being part of the household and not wild or from among predatory creatures.  He used to say, “If he washes, it should be the bowl containing water solely, and he said (the opinion) was weak.  He (Maalik) said, “It is not washed when it contains fat nor milk, though what has been licked from among these things can be eaten. I view it as magnificent that it is intended as رِزْق (a blessing) from  رِزْقِ (the blessings) of Allah.  Its the dog’s share, so he licks it.”

قَالَ‮ ‬عَلِيُّ‮ ‬ابْنُ‮ ‬زِيَادٍ‮ ‬عَنْ‮ ‬مَالِكٍ‮  ‬فِي‮ ‬الَّذِي‮ ‬يَتَوَضَّأُ‮ ‬بمَاءٍ‮ ‬قَدْ‮ ‬وَلَغَ‮ ‬فِيهِ‮ ‬الْكَلْبُ‮ ‬ثُمَّ‮ ‬صَلَّى‮ ‬،‮ ‬قَالَ‮ ‬‭:‬‮ ‬لاَ‮ ‬أَرَى عَلَيْهِ‮ ‬إِعَادَةً‮ ‬وَإِنْ‮ ‬عَلِمَ‮ ‬فِي‮ ‬الْوَقْتِ‮ ‬قَالَ‮ ‬عَلِيٌّ‮ ‬وَابْنُ‮ ‬وَهْبٍ‮ ‬عَنْ‮ ‬مَالِكٍ‮ ‬وَلاَ‮ ‬يُعْجِبُنِي‮ ‬الْوُضُوءُ‮ ‬بِفَضْلِ‮ ‬الْكَلْبِ‮ ‬إذَا كَانَ‮ ‬الْـمَاءُ‮ ‬قَلِيلاً‮ ‬قَالَ‮ ‬وَلاَ‮ ‬بَأْسَ‮ ‬بِهِ‮ ‬إذَا كَانَ‮ ‬الْـمَاءُ‮ ‬كَثِيرًا كَهَيْئَةِ‮ ‬الْـحَوْضِ‮ ‬يَكُونُ‮ ‬فِيهِ‮ ‬مَاءٌ‮ ‬كَثِيرٌ‮ ‬أَوْ‮ ‬بَعْضُ‮ ‬مَا‮ ‬يَكُونُ‮ ‬فِيهِ‮ ‬مِنْ‮ ‬الْـمَاءِ‮ ‬الْكَثِيرِ‮ ‬

ʿAlī bin Ziyaad related from Maalik concerning the person who performed wuḍuu’ with water which a dog had licked then prayed, “I am not of the opinion he has to repeat the prayer even if he knows on time.”  He (Ibn al-Qaasim) said, “ʿAlī and Ibn Wahb related from Maalik, “The wuḍuu’ (with water) that has the remnant of the dog in it is not appealing to me if it is a small amount of water.  Its not objectionable it is a lot of water like the case of the الحوض (cistern) wherein there is a lot of water in it or whatever water is in it is a good amount.

ابْنُ‮ ‬وَهْبٍ‮ ‬عَنْ‮ ‬ابْنِ‮ ‬جُرَيْجٍ‮ ‬إنَّ‮ ‬رَسُولَ‮ ‬اللَّهِ‮ ‬صَلَّى اللَّهُ‮ ‬عَلَيْهِ‮ ‬وَسَلَّمَ‮ ‬وَرَدَ‮ ‬وَمَعَهُ‮ ‬أَبُو بَكْرٍ‮ ‬وَعُمَرُ‮ ‬عَلَى حَوْضٍ‮ ‬فَخَرَجَ‮ ‬أَهْلُ‮ ‬الْـحَوْضِ‮ ‬فَقَالُوا‮ ‬‭:‬‮ ‬يَا رَسُولَ‮ ‬اللَّهِ‮ ‬إنَّ‮ ‬الْكِلابَ‮ ‬وَالسِّبَقَالَ‮ ‬تَلَغُ‮ ‬فِي‮ ‬هَذَا الْـحَوْضِ‮ ‬،‮ ‬فَقَالَ‮ ‬‭:‬‮ ‬لَهَا مَا أَخَذَتْ‮ ‬فِي‮ ‬بُطُونِهَا وَلَنَا مَا بَقِيَ‮ ‬شَرَابًا وَطَهُورًا وَأَخْبَرَنَي‮ ‬عَبْدُ‮ ‬الرَّحْمَنِ‮ ‬بْنُ‮ ‬زَيْدٍ‮ ‬عَنْ‮ ‬زَيْدِ‮ ‬بْنِ‮ ‬أَسْلَمَ‮ ‬عَنْ‮ ‬عَطَاءِ‮ ‬بْنِ‮ ‬يَسَارٍ‮ ‬عَنْ‮ ‬أَبِي‮ ‬هُرَيْرَةَ‮ ‬بِهَذَا عَنْ‮ ‬رَسُولِ‮ ‬اللَّهِ‮ ‬صَلَّى اللَّهُ‮ ‬عَلَيْهِ‮ ‬وَسَلَّمَ

Ibn Wahb has related from Ibn Jarayj that “the Messenger of Allah صلى الله عليه وسلّم had returned to a ḥawd along with Abū Bakr and ʿUmar, and the people who owned the ḥawd came and said, “Oh Messenger of Allah, the dogs and beast of prey have drunk from this ḥawd.”  He صلى الله عليه وسلّم said, ‘For them is what they take in their stomachs and for us is what is left; a drink that is pure.’ ”  He told me ʿAbdur Rahmaan bin Zayd related this from Zayd bin Aslam from ʿAtaa bin Yasaar from Abū Hurayrah from the Messenger of Allah صلى الله عليه وسلّم.

وَقَدْ‮ ‬قَالَ‮ ‬عُمَرُ‮ ‬‭:‬‮ ‬لاَ‮ ‬تُخْبِرْنَا‮ ‬يَا صَاحِبَ‮ ‬الْـحَوْضِ‮ ‬فَإِنَّا نَرِدُ‮ ‬عَلَى السِّبَاعِ‮ ‬وَتَرِدُ‮ ‬عَلَيْنَا فَالْكَلْبُ‮ ‬أَيْسَرُ‮ ‬مُؤْنَةً‮ ‬مِنْ‮ ‬السِّبَاعِ‮ ‬،‮ ‬وَالْهِرُّ‮ ‬أَيْسَرُهُمَا لأَنَّهُ‮ ‬مِمَّا‮ ‬يَتَّخِذُهُ‮ ‬النَّاسُ

ʿUmar said, “Do not tell us oh owner of the ḥawd; for we come behind the beasts of prey and they come behind us.”  Thus, the dog is an easier burden on us than the beast of prey and the cat is an easier burden than both of them, because of what human beings receive from it.

قَالَ‮ ‬ابْنُ‮ ‬الْقَاسِمِ‮ ‬وَقَالَ‮ ‬مَالِكٌ‮ ‬لاَ‮ ‬بَأْسَ‮ ‬بِلُعَابِ‮ ‬الْكَلْبِ‮ ‬يُصِيبُ‮ ‬ثوْبَ‮ ‬الرَّجُلِ‮ ‬وَقَالَهُ‮ ‬رَبِيعَةُ‮ . ‬وَقَالَ‮ ‬ابْنُ‮ ‬شِهَابٍ‮ ‬لاَ‮ ‬بَأْسَ‮ ‬إذَا اُضْطُرِرْتَ‮ ‬إلَى سُؤْرِ‮ ‬الْكَلْبِ‮ ‬أَنْ‮ ‬يُتَوَضَّأَ‮ ‬بِهِ

Ibn al-Qaasim said, “Maalik said, ‘there is no harm if اللُّعَاب (the saliva) of the dog comes in contact with the garment of a man’ and Rabiiʿah said it (also).”  Ibn Shihaab said, “There is no objection if you perform Wuḍuu’ with water that has the remnants of a dog. Click the following link:
Al-Mudawwana – from the chapter about Wuḍuu’With (Water That Has) السُّؤْر (The Remnants) of Animals, Chickens, and Dogs’ (That Have Drank From It)  

فصل – Section: التَّيَمُّمُ (Dry Ablution) from Matn al ʿIzziyah

فصل – Section: التَّيَمُّمُ (Dry Ablution)

التَّيَمُّمُ (Dry ablution) طَهَارَةٌ‮ ‬تُرابِيَّةٌ (is purification with earth). تَشْتَمِلُ‮ ‬عَلَى (It consists of) ‮ ‬مَسْحِ‮ ‬الْـوَجْهِ (wiping the face) وَالْـيَدَيْنِ (and the hands). وَسَـبَبُهُ (The reason being), ‮ ‬فَقَدُ‮ ‬الْـمَاءِ‮ ‬حَـقِيقَةَ (the failure to actually find water) ‮ ‬أَوْ‮ ‬مَـا هُـوَ‮ ‬فِـي‮ ‬حُـكْمِهِ (or the water has a ruling in regards to it), مِثْلُ‮ ‬أَنْ‮ ‬يَكُونَ‮  ‬مَعَهُ‮ ‬مِنَ‮ ‬الْـمَاءِ‮ ‬مَا لاَ‮ ‬يَكْفِيهِ (like: the water isn’t enough), أَوْ‮ ‬مَاءٌ‮ ‬يُخَافُ‮ ‬بِـاسْـتِعْمَالِـهِ‮ ‬فَـوَاتَ‮ ‬نَـفْسِهِ (or it is water, about which there is feared that its usability has passed),أَوْ‮  ‬فَـوَاتَ‮ ‬مَـنْفَعَتٍ (or its usefulness has passed)1,‮ ‬أَوْ‮ ‬زِيَـادَةَ‮ ‬مَـرْضٍ (it may increase an illness), ‮ ‬أَوْ‮ ‬تَأَخُّرَ‮ ‬بُرْءٍ (or delay recovery) أَوْ‮ ‬حَـدُوث مَـرضٍ (or can cause of illness). ‮

يُـبَاحُ‮ ‬التَيَمُّمُ (Dry ablution is recommended) ‮ ‬مِـنَ‮ ‬الْـحَـدَثِ‮ ‬الأَصْـغَرِ‮ ‬وَلأَكْـبَرِ (for both small and large impurity) إِذَا وُجِدَ‮ ‬سَـبَبَهُ (when the reason for performing it is) ‮ ‬لِـلْمَرِيضِ (because someone is  sick) وَالْـمُسَافِرِ (or because someone is traveling); لِـكُلِّ‮ ‬صَـلاَةٍ‮ ‬ ([it can be performed] for every prayer).  ‬وَلِـلصَّحيحِ‮ ‬الْـحَاضِـر([It is also recommended] for the healthy person who is not traveling) لِـصَلاَةِ‮ ‬الْـجَنَازَةِ ([who is] attending the funeral prayer), ‮ ‬إِذَا تَـعَيْـنَت(if it is incumbent upon him).2,  ‬وَلِـفَرْضِ (and [it is recommended] for obligatory prayers)  غََـيْرِ‮ ‬الْـجُـمُعَةِ (other than Jumuʿah prayer) بِشَـرْطِ (on the condition)‮ ‬أَنْ‮ ‬يَخْشَـى (that it is feared) فَـوَاتِ‮ ‬الْوَقتِ (that the time will pass) بِاسْتِعْمَالِ‮ ‬الْـمَاءِ (before water can be used), وَلاَيُعِيدُ (and it (these prayers are not redone). ‮ ‬بِـخِلاَفَةِ‮ ‬الْـجَنَازَة

(The exception is the funeral prayer) ‮  ‬إِذَا لَـمْ‮ ‬تَـتَعَيَّنْ (if it is not incumbent upon the person) ‮ ‬وَ‮ ‬فَـرْضِ‮ ‬الْـجُـمُعَة(and the obligatory Friday prayer), ‮ ‬وَلَـوْ‮ ‬خَشِـيَ‮ ‬فَـوَاتَـه(even if he fears the time for it will pass), وَسَـائِـرِ‮ ‬النَّوَافِـلِ (and the rest of supererogatory prayers) ‮ ‬سُـنَنِهَا (including those that are sunnah) وَمُسْـتَحَبَّاتِـهَا (and the ones that are meritorious).

وَيىَبْطَلُ‮ ‬التَّيَمَّمُ (Dry ablution becomes nullified) ‮ ‬بِـمَا‮ ‬يَبْطُلُ‮ ‬بِهِ‮ ‬الْوُضُوءُ (by the same things that nullify wuduu’), ‮ ‬وَبِـوُجُـودِ‮ ‬الْـمَاء(as well as the discovery of water) ‮ ‬قَـبْلَ‮ ‬الصَّلاَة(before the prayer),إِلاَّ‮ ‬أَنْ‮ ‬يَخْشَى فَوَاتِ‮ ‬الْوَقْتِ (unless the worshipper fears the time will pass) بِاسْتِعْمَالِهِ (by waiting to use water).

وإِذَا رَأَى الْـمَاءَ (If he sees water) وَهُوَ‮ ‬فِي‮ ‬الصَّلاَةِ (while he is praying), لَمْ‮ ‬تَبطُلْ‮ ‬صَلاَتِهِ (his prayer does not become nullified).

وَيَـتَيَمَّمُ‮ ‬بِـالصَّعِيدِ‮ ‬الطَّيِّبِ (The worshipper should perform dry ablution with pure earth). وَهُـوَ‮ ‬التَّرَابُ (It could be soil), وَالْـحَجَرُُ (stone) وَالرَّمْلُ (or sand) ‮ ‬وَجَمِيع أجْـزَاءِ‮ ‬الأَرْضِ (and all types of  natural earthly material) ‮ ‬مَــا دَامَـتْ‮ ‬عَـلَى هَـيْئَتَهَا لَمْ‮ ‬تُـغَيِّرْهَـ(as long as its condition has not been changed) صَـنْعَةُ‮ ‬آدَمِـيٍّ (by human fabrication) بِـطَبْخٍ (through [the process of] baking) وَنَـحْوِهِ (and what is similar). وَالتَّرَابُ‮ ‬أَفْضَلُ‮ ‬مِنْ‮ ‬غَيْرِهِ (Soil is better than the other things mentioned).

وَلاَيَتَيَمَّمُ (A worshipper should not perform dry ablution) عَلَى شَيْءٍ‮  ‬نَـفِيسٍ (on precious things)  كَالْـذَهْـبِ‮ ‬وَالْـفِضَّةِ (like gold or silver) وَلاَ‮ ‬عَـلَى لِـبْدٍ‮ ‬ (nor on wool) ‮ ‬وَلاَ‮ ‬عَـلَى بِسَاطٍ (nor on carpets) وَلاَحَـصِيرٍ (nor on mats) وَإِنْ‮ ‬كَـانَ‮ ‬فِـيهَا‮ ‬غُـبَارٌ (even if dust is on them).

وَيَـجُوزُ‮ ‬لِـلْمَرِيضِ (It is permissible for the sick person) إِذَا لَمْ‮ ‬نَـجِدْ (who can’t find) مَنْ‮ ‬يُنَاوِلُهُ‮ ‬تُرَابًا (someone to bring him earth) أَنْ‮ ‬يَـتَيَمَّمَ (to perform dry ablution) بِـالْـجِـدَارِ (on a wall) ‮ ‬الْـمَبْنِيِّ‮ ‬بِـطُوبِ‮ ‬النِّيءِ (which has been constructed from unbaked brick)  ‬أَوْ‮ ‬بِـالْـحِجَارَةِ (or stone) إِذَا كَانَتْ‮ ‬غَـيْرَ‮ ‬مَسْـتُورَةٍ (if it is not covered) ‮ ‬بِالْـجِيرِ (lime).

وَمَـنْ‮ ‬تَـيَمَّمَ (Whoever performs dry ablution) ‮ ‬عَـلى مَـوْضِـعِ‮ ‬نَـجَسٍ (on an unclean place) وَلَـمْ‮ ‬يَـعْلَمْ‮ ‬بِـنَجَاسَـتِهِ (while not knowing about its uncleanliness),‮ ‬أَعَادَ‮ ‬فِـي‮ ‬الْـوَقْـت(should repeat the [dry ablution] within the designated time [for the prayer]).

وَلاَ‮ ‬يُكْرَهُ‮ ‬التَّيَمَّمُ (Dry ablution is not disliked) ‮ ‬بِتُرَابٍ‮ ‬تُيُمَّمَ‮ ‬بِهِ (with earth that has been used for dry ablution)3)‮ ‬مَرَّةً‮ ‬أُخْرَ(more than once). ‮ ‬

وَلاَ‮ ‬يَصِحُّ‮ ‬التَّيَمَّمُ (It is not sound to perform dry ablution) قَبْلَ‮ ‬دَخُولِ‮ ‬الْوَقْتِ  (before the time [of the specific prayer] comes in).

وَصِفَتُهُ (The characteristics of dry ablution are): ‮ ‬أَنْ‮ ‬يَنْوِيَ‮ ‬اسْتِبَاحَةَ‮ ‬الصَّلاَةِ (to intend to make the performance of prayer permissible) ‮  ‬وَيَـنْوِيَ‮ ‬مِـنَ‮ ‬الْـحَـدَثِ‮ ‬الأَكْـبَر(and to intend [to make prayer permissible] while in a state of major impurity), ‮ ‬إِنْ‮ ‬كَـانَ‮ ‬مُحْدِثًا حَدَثًا‮  ‬أَكْبَرَ (when the impurity is major). ثُـمَّ‮ ‬يَـقُول (Then the worshipper says:) بِـسْمِ‮ ‬اللَّهِ (In the Name of Allah) وَيَسْـتَعْمِلُ‮ ‬الصَّعِيدَ (using pure earth).  يَـضْرِبُ‮ ‬عَـلَيهَا (He pats on it) بِـيَدَيْـهِ‮ ‬جَـمِيعًا (with both hands) ضَرْبَةً‮ ‬وَاحِدَةً (with one patting)4. ‮ ‬وإِنْ‮ ‬تَـعَلَّقَ‮ ‬بِـهِمَا شَـيْء(If anything sticks to them [the hands]) (he should dust them) ‮ ‬نَـفْضًا خَـفِيفً( lightly);  ‬وَيَـمْسَحُ‮ ‬بِـهَا وَجْـهَهُ (then he wipes his face) ولِـحيَتَهُ (and beard). يَبْدَأُ‮ ‬مِنْ‮ ‬أَعْلاَهُ (He should start from the top [of the face])  إِلَـى أَنْ  يَسْـتَوْفِيَه (until [he wipes over] it completely). ‮ ‬ثُمَّ‮ ‬يَضْرِب(Then the worshipper should pat [the the soil])  ‬الأُخْرَى (another time) لِيَدَيْهِ (with his hands), ثُمَّ‮ ‬يَـمْسَحُ (then he should wipe) ظَاهِرَ‮ ‬يَدِهِ‮ ‬الْيُمْنَى (the outside of the right hand) بِيَدِهِ‮ ‬الْيُسْرَى (with his left hand) حَتََّى‮ ‬يَنْتَهِي‮ ‬إِلَى الْـمَرْفَقِ (until he finishes at the elbow). ‮ ‬ثُمَّ‮ ‬يَـمْسَح(Then he wipes) بَاطِنَهَا (over the inside of it [the inside of the right arm]) ‮ ‬إِلى آخِرَ‮ ‬الأَصَـابِـعِ (to the tips of the fingers). ‮ ‬ثُمَّ‮ ‬يَـمْسَحُ (Then he should wipe) ظَاهِرَ‮ ‬الْيُسْـرَى (the outside of the left hand) ‮ ‬بِـيَدِهِ‮ ‬الْـيُمْنَى (with his right hand) ‮ ‬إِلَـى الْـمَرْفَقِ (to the elbow) ‮ ‬ثُـمَّ‮ ‬يَـمْسَح(Then he should wipe) بَـاطِـنَهَا (over the inside of it [the of the left arm]) ‮ ‬إِلى آخِرَ‮ ‬الأَصَابِع(to the tips of the fingers), ‮ ‬ويَجِبُ‮ ‬تَخْلِيلُ‮ ‬الأَصَابِع(and comb through the fingers is a necessity), وَنَـزْعُ‮ ‬الْـخَاتِـمِ (and [so is] removing the ring), ‮ ‬فَـإنْ‮ ‬لَـم‮ ‬يَـنْزِعْهُ (while not removing it) ‮ ‬لَـمْ‮ ‬يَجْزِهِ (is not permissible).

وَالضَّرْبَةُ‮ ‬الثَّانِيَّةُ (The second patting of the earth) سُنَّةٌ (is a prophetic practice) ‮ ‬وَكَدَا الـْمَسْحُ (and likewise is wiping) إلَـى الْـمَرْفَـقَيْـنِ (to the elbows).

[If the worshipper decides to] ‮ ‬وَلَوِ‮ ‬اقْـتَصَرَ‮ ‬عَـلَى ضَـرْبَـةٍ‮ ‬وَاحِـدَة(limits [his dry ablution] to one patting of the earth) ‮ ‬لِـلْوَجْـهِ‮ ‬وَالْـيَدَينِ (for the face and the hands), أَجْـزَأَهُ (it’s permissible), ‮ ‬وَلَوِ‮ ‬اقْتَصَرَ (but if he limits it) فِي‮ ‬مَسْحِ‮ ‬يَدَيْهِ ( to wiping his hands) عَـلَى الْـكَوْعَينِ (up to his wrist) وَصَـلَّى (and prays), أَعَادَ‮ ‬فِي‮ ‬الْوَقْتِ (he should repeat [the dry ablution] within the time [of the specific prayer]).

F00tnotes:

1 That is to say, it is not fit to be used to perform wuduu’.

2 That is to say, if he has been chosen to perform the prayer.

3 That is to say, earth that has been previously used for dry ablution.

4 That is to say, pat the ground once.

Tayammum and Its Description from the Risālah of Ibn Abī Zayd al-Qarawaanī

Tayammum and Its Description

6.1 When it is done

[If you cannot find water, then you must do tayyamum, which is recommended. Linguistically tayammum means aiming for something. The Almighty says, “Do not have recourse to bad things,” (2:267) i.e. aim for them. In the Shari’a it is a legal act of worship by which the prayer becomes allowed. This means that the Shari’a has judged it. This exists in wudu’ and ghusl. By it the prayer is permitted when wudu’ and ghusl are excluded because tayammum is only to make lawful. Wudu’ and ghusl are done in order to remove impurity. It is obligatory by the Book, Sunna and consensus. The Almighty says, “If you cannot find any water, then do tayammum with pure earth,” (4:43) and in Muslim the Prophet said, “We were preferred over people by three things: our rows were made like the rows of the angels, the entire earth was made a mosque for us and its earth is purification if we do not find water.” The consensus is that tayammum is obligatory when water is lacking or the ability to use it lacking it. There are preconditions for the obligation: Islam, adulthood, sanity, absence of the blood of menstruation or lochia, the arrival of the time, lack of water or lack of ability to use it, and that there is no barrier over the limbs and nothing which precludes it.]

6.1a. On a journey

If you are on a journey and you cannot find water, you have to do tayammum, provided that you do not expect to find any water before the time for the prayer has finished.

[The situation is that either that there is no water to be found at all or a judgement that he will not find enough water for wudu’ or ghusl in a journey (or while resident), whether short or not, whether the traveller is healthy or not, and whether the journey is permissible or not, because the allowance for doing it on a journey or while resident does not have the precondition that the journey be for something permissible. If the allowance is only in the journey, like breaking the fast in Ramadan, then the journey must be permissible and it must be a distance of at least four postal stages, like that for shortening the prayer.

Thus the mere absence of water is only a reason for the obligation of tayammum when he despairs of finding water or he thinks it probable that there is no water. It is not the case if he is unsure or hopes for water or is certain of finding water within the time.

What is meant by the obligation is the widest period of obligation. The one who has despaired is someone who has searched for it in a manner which is not arduous for someone like him. He is only obliged to seek if he hopes to find it or suspects its presence. If he is certain that he does not exist, then he does not look for it in the time. By ‘time’, the preferred time is meant.]

6.1b. Lack of ability

You also have to do tayammum even when there is water, whether on a journey or staying in one place, if you are unable to touch water on account of illness or are disabled by illness to such an extent that although you could use it, you are unable to get to it and cannot find anyone else to bring it to you.

[ This is when there is water and you are unable to use it, on a journey or at home, because of illness which prevents using it since you fear that using it will cause death, loss of use of a faculty or limb, increased illness, delayed recovery, or will actually cause a illness. If he does not fear any of that, but is only pained by it, he must continue to do wudu’ or ghusl. So tayammum is obliged for someone who is healthy when water exists because he cannot use it because illness would occur, or for a sick person who is able to use it, but does not find anyone to bring it to him, even for a payment equal to the price which the seller would oblige or it or he does not find a vessel or he only finds a forbidden vessel or cannot pay for using it.]

6.1c. Danger

The same applies to someone travelling who is near water but prevented from reaching it because of the fear of thieves or wild animals.

[ This is also true about the traveller who is near water but cannot reach it out of fear of thieves as he must preserve his property and the property of others. The property must be more than what he would have to pay to buy water. It must be ascertained that they exist or he thinks that it is probable that they exist. Uncertainty is not taken into consideration. The same applies if he fears for himself from wild animals when he is certain about that or thinks that it is probable.]

6.1d. Certainty about reaching water

If a traveller feels certain that he will get to water within the time of the prayer, he avoids doing tayammum until the end of the time.

[Whether he is in a journey where he shortens the prayer or not and he is certain that he will find enough water for wudu’ or ghusl, it is recommended that that he delay tayammum. The upshot of the fiqh in the matter is that one of the preconditions of the obligation of tayammum is the arrival of the time. The judgement in it varies according to the state of the person doing tayammum because either he is certain that water will exist in the time or he will reach it or he despairs of finding it or reaching it, or he is unsure about finding it or reaching it in time or hopes to find it or reach it in time. The author clarifies these circumstances and indicates it when he says, “If a traveller feels certain.” In fact, it is not particular to the traveller, but applies to all who are permitted to do tayammum due to the absence of water. When he is certain that water exists or that he will reach it within the time or thinks that it is probable that it exists or that he will reach it in time, then it is recommended to delay tayammum to the end of the time.]

6.1e. Certainty about not reaching water

If he feels certain he will not get to water he should do tayammum at the beginning of the time.

[This is about the absence of water or the failure to reach it in time after seeking for it. If there is what obliges seeking, then it is recommended that he do tayammum at the beginning of the time to obtain the excellence of the time because the excellence of water is despaired of. That is how it is judged by the one who thinks it probable that it will not exist within the time or will not be found in it.]

6.1f. Uncertainty about reaching water

If he does not know whether he will get to water or not, he should do tayammum in the middle of the time. This also applies to someone who is afraid that he will not be able to get to water but nevertheless hopes that he will.

[ If he is unsure about finding it, it is recommended to do it in the middle of the time. It is affirmed by Shaykh Ahmad Zarruq that what is meant is uncertainty about reaching it. He said that there is no difference between it and what before it according to the Maliki School. Although it is sound from the aspect of the judgement, the author’s words imply a difference when based on what is meant by the one who hopes. He said that the words of the author contain something different from the position of the School. That is because his literal words say that the one who hopes does not delay, but does tayammum in the middle of the time. It is not as he said. His judgement is that of the one who is certain and the one who is certain delays to the end of the time. Ibn Harun said, “I do not know of anyone who transmitted that the one who hopes does tayammum in the middle of the time except Ibn Abi Zayd. Ibn Naji said that it is possible that it refutes his words. According to the words of Ibn Naji by “fears” the author means ‘suspects”.]

6.2 Finding Water after doing Tayammum

If, under any of these circumstances, you do tayammum and do the prayer and then come across water within the time of the prayer the following judgements apply.

[ These seven who can do taymmum are: the sick person who cannot touch water, the sick person who cannot find anyone to bring him water, the traveller who is near water but is prevented from reaching it by fear of thieves or animals, the traveller who is certain that water will exist within the time, the one who despairs of finding it within the time, the one who has no knowledge, and the fearful one who hopes to find it. This is what happens if such a person (except for the sick person who cannot use water then find water or the sick person who can, but does not find anyone to bring him the water) finds water. Finding water means having the ability to use it, its existence, or the existence of a vessel to bring it.]

6.2.a A sick person

A sick person who could not find anybody to bring water to him should do the prayer again.

[It is recommended that he does the prayer again within the time. The rule for the sick person who does not find anyone to bring him water or any vessel with which to bring the water is to delay tayammum to the middle of the time. If he does the necessary tayammum in the middle of the time and prays and then before the end of the time of the prayer then that which stops him from using the water is removed, as when he finds what will enable him to obtain it, then it is recommended for him to repeat the prayer within the time if he is restricted in that people do not come in to him often. If people come in to him often, then he has no restriction, then he does not have to repeat it.]

6.2b. A Fearful person

This also applies to someone who was afraid of wild animals or other dangers of that sort, and to a traveller who was afraid he would not get to water but hoped that he would. If you have done tayammum for any other reason, you should not repeat the prayer.

[ The one who fears for himself from wild animals or for his property from thieves is like the sick person who does not find anyone to bring him water in the time. It is recommended that he repeat the prayer when he gets water within the time. The result is that when the person who is afraid of animals does tayammum in the middle if the time, it is recommended that he repeat it in the time with four provisos. That is that he is certain that water exists or that he will find it were it not for his fear. His fear must be definite or likely and he ascertains the absence of what he fears and the existence of water itself. If he is not certain that it exists or that he will reach it, or what he fears is clear, or none of it is certain and someone else finds it, he does not repeat if. If his fear is a simple doubt, then he always repeats it. ]

6.2c. A traveller

and to a traveller who was afraid he would not get to water but hoped that he would.

[When he finds water within the time, it is recommended that he repeat the prayer he has prayed in the time allotted for it, which is the middle. Part of the subject is that it is better if it is advanced. What is meant by ‘fear’ in the words of the author is uncertainty about reaching it. It is recommended for the one who prayed in the time allotted to it to repeat it within the time. That is even more the case if he has advanced it. As for the one who is unsure about whether it exists, if he does it before the middle of the time allotted for it, then he repeats it. If he prayed in the middle of the time allotted for it, he does not have to repeat it. The difference between them is that the one who is unsure about reaching it, has a sort of falling short and so he is asked to repeat it. As for the one who is unsure about whether it exists, he relies on the basis, which is its non-existence.]

6.2d. Other reasons

If you have done tayammum for any other reason than these three, you should not repeat the prayer.

[It appears from his words that the one who despairs does not repeat the prayer when he finds water absolutely. It is not like that, and it must be explained. If he finds the water which he despaired of, he repeats it. If he finds other water, he does not repeat it. It also seems from his words that someone who finds water in his bag or saddle or forgets it is there and then remembers it, does not have to repeat it. The one who acts deliberately in the three cases has to repeat it, which differs from the literal words of the author.]

6.3 Frequency

6.3a. Number of fard prayers with one tayammum

You should not pray two fard prayers with one tayammum except if you are ill and cannot touch water because of some harm to your body which will last at least until the time of the next prayer.

[ None of those seven categories should pray two obligatory or sunna prayers at home or on a journey. whether they share in the time or not, with the same tayyamum except for the person with a constant illness which will continue to the time of the second prayer. It may happen that he does not do the first prayer in its time, either intentionally or by forgetfulness or ignorance. In that case he can pray them both together with one tayammum. This is a general judgement for prayers at home and on a journey.]

6.3b. For each prayer

Although there are some who say that even in this situation you should do tayammum again for each prayer.

[For each obligatory prayer, whether he is healthy or ill, travelling or at home.]

6.3c. A number of missed prayers

It has been related from Malik that someone who remembers not having done a number of prayers can do them with one tayammum.

[ This is a number of fard prayers which he missed by forgetfulness or by sleeping through them or deliberately not praying them and then repenting and wanting to make them up: he can pray them with one tayammum, whether healthy or ill, travelling or at home.

The first statement is by Ibn Sha’ban and the second is by Ibn al-Qasim and is the famous one. This is why it was rejected by the shaykh when he was ill at midday when someone else suggested it to him. According to the well-known position, if he disagrees and prays two prayers with one tayammum, whether they are shared or not, he does not ever have to make up the second.

According to his words at the beginning of the chapter about the time, one does tayammum for the obligatory prayer absolutely, even for Jumu’a. That is not the case, since the healthy person who is resident does not do tayammum for Jumu’a since it is a substitute for Dhuhr. He prays Dhuhr with tayammum, even at the beginning of the time. If he prays Jumu’a with tayammum, that is not acceptable. The sick person and the traveller can do tayammum for it. It That is also the case with the funeral prayer. The healthy resident does not do tayammum for it unless it becomes a specific obligation for him since no one else is found who can pray it nor is it possible to delay it until he can obtain water.]

6.3d. Voluntary prayers

[As for the sunnas and the voluntary prayers, the traveller but not the heathy resident person does tayammum for them, i.e the one who is obliged to do tayammum because of lack of water. The judgement of the healthy resident for whom tayammum is obliged out of fear of illness is like that of the sick person and he does tayammum for Jumu’a and the funeral, even if it is not a specific obligation, and for the sunna and voluntary prayers. If he intends an obligatory prayer by his tayammum, he is permitted to pray the voluntary prayer with it afterwards with the precondition that it is connected to the obligation, even if he did not intend the voluntary prayer after the obligatory. It is limited to prayers which are after the obligatory, although if he prays a voluntary prayer before it, it is valid by his statement, ‘provided that it is connected to the obligatory.’

If there is a long separation or he leaves the mosque, he must repeat his taymmum if he wants to pray the voluntary prayers. A short separation is overlooked. That is defined as about the length it takes to recite Ayat al-Kursi. It is also a precondition that he does not do more than the voluntary. What is “more” is defined by custom.

6.3e. What can be used for tayammum

Tayammum is done using pure surface earth, that is any substance on the earth’s surface such as soil, sand, stones, or salt deposits.

[“Pure” is how the people of firm knowledge and those who know fiqh explain “tayyib” where Allah says,”do tayammum with clean earth,” Tayyib means pure earth in Arabic and that is what Malik said. Malik said that sa’id means what is on the surface of the earth in accordance with Arab usage. Others believe that the sa’id in the ayat designates pure earth found on the surface of the earth or brought out from inside of it. This includes salt desposits, and secretions. Tayammum is not done deliberately on wood, plants and grass and groups. The literal meaning of his words is that tayammum can be done on stones, even hard ones, if there is no soil as long as it has not been baked. It is not permitted to do tayammum on lime nor baked bricks, which are red bricks. Tayammum can be done on soil, whether it has been moved or not, although it is better when it is not moved by agreement. The first is based on the well-known position.

One does not do tayammum on other things than earth. Things like salt, alum, sulphur, copper and iron are not used for tayammum except in their original place or moved from one place to another. But it is cannot be in a form which is firm in people’s hands, like medicines. As for what can be held in people’s hands like medicines, it is not valid to use them for tayammum.]

6.4 How to do it

6.4a. Beginning tayammum

To do tayammum you hit both hands on the ground – if anything clings to them it should be lightly shaken off –

[This clariifies how tayammum is done. He strikes both hands on the ground. If he is missing a hand, he does tayammun with the other. If he is unable to do it, someone does it for him. If he cannot delgate someone, he rubs his face in the dust. What is meant by ‘striking’ is not actual striking. What is meant is to place his hands on the surface used for tayammum, soil or whatever. This ‘striking’ is an obligation. It is not a precondition that anything clings to his hands. If something clings to them, he shakes them lightly so that some people consider this shaking as one of the meritorious parts of tayammum so that it does not harm his face.]

6.4b. The Intention

[Before beginning, the one doing tayammum must intend earth and nothing else with which tayammum is not valid. He must intend to make the prayer lawful or intend the obligation of tayammum in the first striking. If he is in minor impurity, he intends to make the prayer permissible from the lesser impurity. If he is in greater impurity, he intends to make the prayer lawful from the greater impurity. If he does not call the major impurity to mind and thus omits the intention regarding the greater impurity intentionally or by forgetfulness, and prays with that tayammum, then he must always repeat the prayer. If he intends the greater impurity, believing that he has it and then the opposite is clear, then it allows the lesser. When he intends the obligations of tayammum, it is enough for him, even if the intention of the greater does not occur to him, If he intends to remove the impurity, it is enough enough for him in the well-known position. Tayammum does not remove lesser impurity. It only makes the prayer permissible.]

6.4c. Wiping the face

then using both of them you wipe over your whole face.

[After shaking his hands, then he wipes his face and does not omit any of it. He does not miss the cartilage of the upper ear and other things. If he leaves any of the wiping of all of the face, even a little, then it is not allowed. He begins from the top, as in wudu’ and runs his hands over the length of it to his beard. He passes over the lines of the face, because the basis of wiping is doing it lightly.]

6.4d. Striking the ground a second time

Then you hit both hands on the ground again

[The second blow is for wiping the hands by way of sunna. It is not said how the obligation is done in a sunna manner because we say after the obligation that the second comes after the first so if he fails to strike the earth the second time and then wipes his face and hands with the first, it is adequate.]

6.4e. Wiping the hands

and then wipe your right hand and arm with your left hand. To do this you put the fingers of your left hand on the tips of the fingers of your right. Then you slide your fingers down the back of your right hand and arm, as far as the elbow, folding your fingers round it as you do so. thoroughly.

[ The recommended manner of wiping is to first wipe the right with the left, putting the fingers on the right on the left except for the thumbs. The palm is passed over the top of the hand and arm to the elbow. It appears from the words of the author that the elbow is not wiped because it is the end. It is said that he meant including the elbows as is done with wudu’ since tayammum replaces it.

Wiping to the elbows is sunna, and to the wrists is obligatory according to what is in al-Mukhtasar. Al-Bisami adds to it by saying that the well-known position of the school is that wiping is to the elbows is obligatory. The dispute is when it is confined to the wrists and he prays. The well-known position is that he repeats the prayer if still within the time. An opposite position is that he must always repeat it. This consequence is rejected. Al-Muqaddamat (Ibn Rushd) prefers that which is followed in al-Mukhtasar,and Qadi ‘Iyad summarised it in his Qawa’id, and it is preferred.

The well-position of the school is that the fingers go between each other, and that is by the flat sides of the fingers, not the sides because they have not touched earth. The well-known position is also that a ring is removed and moving it from its place can be done instead of actually removing it. The difference between tayammum and wudu’ is said to lie in the fact that the ring is removed in tayammum but not in wudu’ because of the force of the water flowing in wudu’ which is not the case with earth.

6.4f. Wiping the inside of the right hand

Then you put your palm on the inside of your arm and, gripping your arm, slide your hand from your elbow just back as far as your wrist

[After wiping the outside of the right hand, using the palm, because the fingers because the fingers were already use on the outside of the hand except for the thumb. ]

6.4g. The thumb

and then run the inside of the left thumb over the outside of your right thumb.

[This is because it was not wiped before. What he mentioned about wiping the thumbs was also mentioned by Ibn at-Talla’ who is Muhammad ibn Farah, the shaykh of the fuqaha’ in his time. The literal of the transmission, which is relied upon, it wiping the outside of the right thumb with the outside of the fingers. Al-Fakhani said, “I do not know of anyone of the people of language who transmit that the thumb is the largest “finger”].

6.4h. The Left hand

You then wipe over the left hand and arm in the same way and after reaching the wrist you wipe your right palm with the left down to the tips of the fingers.

[After finishing the right, then do the left to the wrist. The tips of the fingers designates the inside of the palm and fingers. Observe how he is silent about the left palm unless he says that each of them wipes and is wiped. This is the description which the shaykh mentioned and it was also mentioned by Shaykh Khalid. He begins with the outside of the right hand with the left and moves to the left before completing the right. This was transmitted by Ibn Habib from Malik. Ibn al-Qasim said, “He only moves to the left after finishing the right.” Al-Lakhmi and ‘Abdu’l-Haqq preferred that. The position of Ibn al-Qasim is preferred. The basis of the preference is that moving to the second before completing the first misses out the excellence of proper order between right and left. Some of the shaykhs recommend the transmission of Ibn Habib so that he does not wipe the dust on the palm, but the one with the reliable position says that the remaining of the dust is not sought aso that its judgement should be observed.]

6.4i. Other methods of wiping

If you wipe the right with the left or the left with the right in some other way that you find easy, that is acceptable as long as it is done fully.

[ If you differ from the recommended manner, your tayammum is still allowed. It only differs from the best manner. One can deduce from his words, “done fully” that if he does not wipe his forearms, it is not allowed because the arms are mentioned in wiping. The well-known position is that if he confines hismelf to the wrists and then prays, then he repeats it within the time.]

6.5 Judgements about someone in a major state of impurity

6.5a. Tayammum for janaba or end of menstruation

If someone is in a state of janaba, or has been menstruating, and cannot find any water to do ghusl with, they should do tayammum and do the prayer and then when they find water they should do ghusl.

[ Even if someone like this finds enough water for wudu’, they still do tayammum following the previous information regarding the possibility of finding water which is not repeated here. Tayammum is obliged when there is no water. He mentions it here to refute those who say that someone in a state of janaba and or a woman who has been menstruating do not do tayammum.]

6.5b. Not repeating prayers done with tayammum

They do not have to repeat any prayers they have done.

[Because their prayer occurs in manner which is commanded. The literal import of his words is that that is the case in the time or after it. It is explained that it is repeated within the time in the instances which were already mentioned. Its literal meaning is that is the case or not whether there is impurity on their bodies. It is the text of the Mudawwana and it restricted by there not being any impurity on the body. If there is impurity in his body and he prays with it by forgetfulness and they remember after they have finished, then they repeat it within the time. The statement of the author about not repeating it is informing about when water is found after they have prayed with tayammum. If there is water before the prayer, and there is enough time for ghusl and the prayer, even a rak’at, within the time, then tayyamum is invalid. If they find it after the time has begun and before it finished, even if the time is ample, or the time has begun, but there is not enough time for a ghusl and still catching a rak’at, they pray with tayammum.]

6.6 Further judgements about tayammum

6.6a. Taymmum does not make intercourse permissible

A man cannot have sexual intercourse with his wife if she has just finished menstruating or the bleeding after childbirth if she has only purified herself by tayammum until there is enough water for her to do ghusl first and both of them to do ghusl afterwards.

[ This is whether she is a Muslim or a kitabi or a slave girl. According to the well-known position, it is forbidden for him to have intercourse with her. This does not only imply to actual intercourse, but enjoying her between the navel and knee, even through a barrier, is unlawful. Finding water can either be his responsibility or the responsibility of both.]

6.6b. Water for ghusl after intercourse

[There must be enough water for ghusl on account of bleeding and then for ghusl on account of janaba. This explains the words at the end of the book about not approaching a woman bleeding from menstruation or lochia because the literal meaning is would be that when the bleeding stops, he is permitted to have intercourse, and so here he explains that even if menstruation has stopped, intercourse is not permitted, even with tayammum. Intercourse is forbidden in the well-known position beause tayammum does not remove impurity. It only makes the prayer permitted. The words of author show that tayammum is called ‘purification,’ and that is indeed the case since the Prophet said, “Its earth is pure.” It is also called wudu’ by since the Prophet said, “Tayammum is the wudu’ of the Muslim.]

6.6c. Avoiding janaba if there is no water

[It is also deduced from this that he if he does not find water, he should not voluntarily bring about a state of janaba in himself. That is the position of Malik in al-Mudawwana, i.e. that it is disliked. if he does tayammum for the lesser impurity, he should not bring about janaba in himself so that he has to do tayammum for the greater impurity. This does not negate what was already stated about the unlawfulness in the statement of the author about having intercourse, because the unlawfulness comes from his going to have intercourse with her when she has purified herself from menstruation by tayammum. This is is when he does not fear any harm to his body or fear fornication. If he is physically harmed by the length of time or fears fornication, then he has intercourse and does tayammum.

From the Translation by Alhaj Bello Mohammad Daura, MA

(Which Includes the commentary from ath-Thamr ad-Dani by al-Azhari)

Click the above red link to see the entire text.

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