Fiqh Semester 3 1-27-07 Introduction was already read. Notes on the preface: Masa’il = issues. Plural of musalla = issuel. It’s also used in mathmetics. Example of an issue? How many pillars in wudu. Wha’ts unique about this book is that it includes why they differed. Al mughni by ibn qudama and al majmuu by nawawi are perhaps What does taqlid mean? It means to follow a scholar without questioning his proofs. Following the prophet is not taqlid, it is itibad – because you don’t ask him what’s the evidence. When you follow a scholar, you follow his proofs and evidences even in your taqlid. Ahkam is from 3 things: act, saying, approval. (notice there is no description here – that is perhaps relevant for other sciences Jamhoor literally means spectators, here it means majority of scholars. 3 out of 4 imams is a majority for example. There is no precise exact definition. Amm = general, khass = specific. The ayats that are meant to be applied generally or specifically. 4 types of terms: General terms meant generally = “forbidden to you are all swine” – general meaning of swine is used and intended. All types of swine are intended (except for equivocality like swine of the sea in Arabic means porpoise). Specific terms meant specifically = no example given. General terms meant specifically = “take alms from their wealth” means zakat which only applies Specific terms meant generally = “don’t say to your parents uff” includes all disrespect including slapping, etc. Difference between wajib and fard. We’ll learn it later. In general we have 5 categories of halal mustahab, mubah, makruh, haram. Nass = explicitally mentioned in Quran. Like prayer – w’akeemas salat is explicitally mentioned in Quran. However, the number of prayers is not nass, it’s not specifically mentioned. Mujmal = a word has two equal meanings. Mujmal generally refers to the obscured meaning. Dhahir = apparent meaning. When Allah says “do not say uff”, we say from the dhahir of the nass. What is intended is the apparent meaning (don’t disrespect) of the specific meaning (don’t say uff). This is why the school of ibn hazm is called “dhahiria” – they take the apparent meaning. majhoom = ishtiraq – a word has more than one meaning. Qur means purification and it also means menses. Causes of khilaf are six: 1. vacillation of the words between these four modes i.e. general word implying specific or general word implying general. 2. Equivocality in words i.e. Qur can mean menses or it can mean purification. i.e. when Allah says “don’t do” it can mean forbidden and it can mean disliked. 3. Different probabilities of grammar 4. The ability of the word to indicate its literal meaning and an allegorical or metaphorical sense. Ex. Like the hadith when the prophet told the companions to not pray asr until they get to banu quraida. Some thought it was literal and some thought it was just a metaphorical meaning. 5. The occasional use of the unqualified and absolute (mutlaq) meaning or the unqualified use. 6. conflict between two texts. Ibn rushd born in 520 AH one month after his grandfather (also ibn rushd) in Qurtuba. He died 595 AH. He was a master of fiqh but unfortunately deviated in his aqeeda since he followed the philosophers. He was also a doctor and wrote texts on medicine. He was responsible for translating the works of Aristotle and plato, etc. and perhaps if he had not done this, these works would be lost to the world. He was maliki but still he started his book with tahara.
1-28-07
The book of Tahara Notice that ibn rushd gives you a brief intro for each concept. This helps you to organize. Jurists agreed that religious purity is of two types: purity of hadath and purity from khabath. And 3 types of purification: wudu ghusl and tayammum. Introduction: The book of wudu: 5 chapters Evidences of its obligation on whom it is obligatory and when; Identification of its acts; Identification of that with which it is performed Nullifiers of wudu Things with which it can be performed. Obligation of wudu: Evidence is sura maida from Quran 5:6 Evidence from sunna “Allah neither accepts the charity of the one who steals from the wealth of spoils or the prayer of the one who is impure. Ijma3 – all scholars agree that wudu is required. It is obligated on the one who must pray. So the sane and the pubescent are required because hadith “the pen is lifted” Issue: are the non-muslims required to do wudu? Some scholars said they are required but it is not accepted. Other scholars said that this makes no sense, what’s the point. Issue: when does wudu become mandatory? At the time of prayer? What about the menstruating woman? The wudu is required for the one who must pray. This is clear from the ayah “when you stand for prayer” 5:6 /Introduction Chapter 2 Acts of ablution – 12 issues Issue #1: Is intention a requisite condition? Requisite according to shafi malik dawood ad-dhahiri and others. Not for hanafi abu thawr. Reason for disagreement is whether wudu is pure ibada or something rational. Pure ibada requires intention, but rational ibada does not. If wudu is simply a cleaning and not a ritual ibada, then it does not require intention. The argument swings on whether wudu is more like a ritual or more like a rational cleansing. The argument in favor of it being a ritual is stronger because think about things like tayammum or passing gas and then doing wudu. Issues #2: Washing hands before touching utensils. We have a hadith that says when you wake, wash your hands. Four opinions: 1) it’s always sunna and recommended even if your hands are clean 2) it’s recommended for the person in doubt of the cleanliness of their hands 3) obligatory on the one that awakes from any sleep 4) obligatory on the one that awakes from nocturnal sleep. Dhahiri follows the third because he’s a literalist, so when you sleep at any time. Ahmad follows the fourth, shafi and malik follow the first and the lesser known opinion of Malik follows the second. all opinions turn on understanding the hadith abu hurayra “when one of you wakes up from his sleep, let him washing hands before putting into the water can for he does not know where his hand has spent the night.” Two categories of opinions that turn on whether this hadith is an additional requirement that adds to the Quranic requirement of wudu: The 3rd and 4th opinions do not see an addition/contradiction with the ayah and add the washing of the hands as obligatory in wudu and differ on the treatment of the phrase in the hadith “because you don’t know where your hands spent the night” – the dhahiri are literalist and say it doesn’t matter any sleep. The hanbali opinion accepted that the reason for the obligation was given thus the requirement is only for awaking from nocturnal sleep. The dhahiri opinion says the Prophet mentioned sleep so it’s sleep. The 1st and 2nd opinions saw this requirement as being in conflict with the ayah thus they considered the apparent meaning of obligation to be merely a sunnah. From them are those that consider it sunna muakkada like Shafi thus you do it all the time even if your hands are clean. Malik agrees with his more well known opinion and Malik’s second opinion involves deducing from the hadith that the cause of hand washing has to do with doubt of whether the hands are clean. This is an example of the specific injunction implying the general. The hukm of this tradition is not so much about wudu as it is about water! That the water should not be polluted.
Issues #3: Rinsing the mouth and sniffing the nose
We have 3 opinions: 1) both are sunnah 2) both are fard 3) sniffing to the nose is fard and rinsing the mouth is sunna. They all turn on the hadiths. the majority opinion is that both are sunnah – the basis is that the ayat lays out obligations and the recommendations of the Prophet are just recommendations. the opinion about that lets the in sahih muslim, it came that “whoever does wudu should flush his nose and whoever relieved himself should clean 3 times.”
Issue #4: Defining the areas to be washed The issue is what constitutes the face. The jurists agreed that washing the whole face is wudu. This is different from the previous issue concerning the obligatory nature of rinsing the mouth and sniffing the nose. This is because the Quran clearly says to wash the face. 3 issues - 1) whether to wash the part between the beard and the ear 2) whether to wash the length of the beard (some went down to the navel) 3) whether the majority said you have to wash what’s in between the beard and the ear because the beard is face to face. The person with no beard has to wash that part – everybody agreed. the majority opinion is that you do not have to wash the entire beard – because the beard is not included in the definition of face. If you cut a man’s beard, did you cut his face? The majority also said that takhlil (putting your hands to wash deep into your beard under your chin) is NOT obligatory – there is an authentic hadith that the Prophet did it. There is an unauthentic hadith that the Prophet commanded it. The controversy over this issue turns on the authenticity of these hadiths. Issue #5: Washing the hands and elbows Some scholars said the elbows are not included and some said it is. It turns on the linguistic term “ila” when Allah says “to the elbow” – does it include or not include the elbow. When you count “to 10” do you include 10? Yes. When I ask you how much is in between 1 and 10, you say 9. When you say you traveled “to somewhere,” do you include your destination? Yes. well known opinion of the four imams is that the elbow is included. The reason for disagreement turns on the word “ila” and on the word “yadd” (hand) – does it include elbows or not usually. Elsewhere in Quran, Allah says to cut the Yadd of the thief but we cut at the wrists – whether we include the wrist or not turns on the meaning of the word yadd. Issue #6: Wiping the head They all agreed on the obligation of wiping the head because Allah said to do it, but they disagreed on how much of the head to wipe. It turns on the meaning of the word “ba” that is included in the ayat that means to wipe part of the head. If you had to wipe all the of the head, Allah would have said that. abu hanifa - has to be at least 1/3 with 3 fingers others said any part disagreement turns on the equivocality of the letter “ba” Issue #7: Determination of the number Jurists agreed that the obligation in wudu is to wash each washable limb once. The second and the third time is recommended. There is a hadith that sometimes the prophet wiped 3 times each part, sometimes twice and sometimes once and other times he mixed. So shafi thought you should wipe the head 3 times because of the generality of the hadiths. Others differed because the hadith of Othman and the hadiths in the two sahihs that talk about wudu from beginning to end has Othman only wiping the head once. Sheikh said that he believes if imam shafi knew about these hadiths of Othman, he would not have said that we should wipe 3 times, however, wiping 3 times for consistency with the hadith that he did each part 3 times is still a valid argument. Issue #8: Determination of the objects of wiping Can you wipe on the turban? Differs on the hadith of mughira ibn shuba in sahih muslim that says the Prophet wiped on the turban. Scholars differed (abd ad-darr said it is defective. When he was told it was in sahih muslim, he said it is still defective – ooohh). Others said they made the analogy of wiping on the boot, but others disagreed with this because you cannot make analogy in ibada – what if I said, oh fine I’m going to cover my face and wipe on the face covering. Issue #9: Wiping of the ears They disagreed about the wiping of the ears whether it’s recommended or an obligation. Also an issue of whether water is to be renewed or not. Turns on whether the ears are part of the head or not. opinion that it is mandatory and you take new water opinion that it is mandatory and you don’t take new water opinion that it is not mandatory. Prophet wiped on the ears – disagreement whether this is an addition to the ayat of wudu or not. Issue #10: Washing of the feet
The jurists agreed that the feet are part of the wudu but they differed about the method of purification required for them. Also, issue about the ayat – wash your feet “up to the ankles” – same disagreement over the equivocality of the word “to” when including the ankles. reason for disagreement turns based on the recitation of the ayat. The ayat says “wash your face, and your hands up to your elbows, wipe the head, and then your feet”. One qira’a has All the commands for washing have fat’ha on the word except for wiping the head which has kasra which means when the ayat ends with “and the foot” since it has a fat’ha you group it with the ones you wash. The other Qira’a has a kasra on the word for washing feet which means you group it with wiping. Sheikh says the qira’a came to inform us that we could wipe (on shoes or otherwise.) even though scholars said there is permissibility of merely wiping the feet, there is not one single hadith, weak or otherwise that says the Prophet ever just wiped his feet, he always washed. Shia say that you cannot wash the feet, you wipe it – it turns on the way they read the ayat. Obviously, they reject the hadiths of ahl as-sunnah. Issue #11: Sequence of the acts Can you start with feet? Yes according to abu hanifa. But the majority said no according to the ayah that mandated the sequence. They disagreed about the observance of a sequence in the acts of wudu as arranged in the ayah. One group said it’s sunnah and another group said it’s obligatory. Two reasons for disagreement – sequence in the ayah. Is it obligatory or recommended. The other reason is the actions of the prophet – is it obligatory or recommendation. Issue #12: Saying bismillah It’s a recommendation – why? Because when you start anything, you say it. There are many hadiths saying that when you start wudu, you say bismillah. It is the opinion of imam ahmad that since you have this many hadiths, it becomes hasan and you do it. The other opinions say it’s not required. Issue #13: the continuous performance of the acts. They disagreed about the continuous performance. Why? It was authentically narrated that ibn Omar used to wash all his parts of wudu, go to the market, and then come back and wash his feet. In shafi school, we learned that it is recommended. The majority of the scholars said it’s a must. There is a hadith Issue #14: wiping over the boots. Is it Permissible? Mutawatir hadith from mughira – it came from over 24 different companions and in some narrations over 70 companions. Some scholars differed and said it is permissible if you’re traveling and not residing. The shia differed and this was mentioned in books of aqeeda. The other issue is what part you wipe – some said you wipe the top, some said you wipe the bottom and top, some said you wipe the top and bottom and inside. The correct opinion is that you wipe just the top – it turns on the statement of Ali that if the religion was tuned on rationality, then we would wipe the bottom. Differed on description of what you can wipe over – whether it has to be from leather or whether it can be socks with holes, etc. Factors nullifying – read it because it’s the same as nullifiers of wudu. The only difference is taking it off and losing wudu. Read on it. 2-10-07 The kinds of water used Last year we started with water – here ibn rushd started with wudu and then went to water. Why the difference? Scholars simply differed on the importance of different topics. How many types of water. Shafi says 4 types of pure water Most scholars say three types: Tahir – pure and it purifies Tuhoor – pure but it does not purify Najas – impure and does not purify. Ibn rushd says that all scholars agree that all kinds of water are pure in temselves, purifying other things. The ayah says that Allah sent down purifying water. Water of the sea is made pure by the hadith of the prophet. Jurists agreed about things that alter the water and that are normall found in it do not usurp its purification and the quality of purifying. (note the condition of what is normally found in the water – can you remove mud from the river water or the flood water? No. the qualification has to do with when it’s very difficult to remove a naturally occurring impurity from water). Issue: water mixed with impurities but not changing the attributes of the water They disagreed about water that contains impurities, but where none of its attributes is altered. (three attributes of water – taste, color, smell). It generally has to do with how much water and how much impurity. Three different opinions: 1. Dhahirites: it’s pure regardless (remember they are literalists so water with its attributes is still water), also from a narration from imam malik. (also opinion of imam ahmad)
2. 3.
Some scholars differed between what’s few and what’s a lot. If it’s few then it’s impure. Malik and shafi say whatever is beyond qullatain (about 55 gallons) is a lot. Hanafi opinion is that what makes waves in the water such that the waves will reach all sides of water, then it’s a lot and sufficient to change the purity Why the three opinions? there is a disagreement over the hadiths of the P. First hadith – abu hurayra – when you wake up , wash your hands. Why is this? because your hands have a little bit of impurity and it might make the little bit of water impure. This is an evidence for the shafi/malik opinion. Second hadith: “you should not urinate in stagnant water and then wash yourself from that water” – this is generally a proof for the shafi/malik, although the dhahiris claim it. Third hadith: Bedouin in the mosque urinated in the mosque. P ordered Fourth hadith: P said 2 qullas will not bring impurities with it. This hadith has an authentic isnad, although it is not always accepted. imam ahmad said there is no difference between two qullas, more or less.
Issue: pure water mixed with saffron and other clean things According to all scholars, the water is pure, but it does not purify i.e. you cannot make wudu from it. The reason is that here it changes the attributes of the water. So even in the previous example, the water is purifying even if it has some the exception is with abu hanifa. He says it still purifies because that thing is still pure. Reason: according to all scholars except for abu hanifa says it’s no longer water. AH says it is. Issue: Water already used for purification. Three issues, all turning on whether you consider it water. permitted by dhahiri, abu thawr not permitted by shafi, abu hanifa disliked by malik, but does not qualify you for tayammum. Issue: water leftover by Muslims and animals In general, they agreed that the leftover of Muslims is pure (differed over non muslims bc “verily the mushrikoon are impure”) They differed on the leftover of every animal who is pure. Opinions: 1. shafi – all of is it pure except the leftover of pigs and dogs 2. ibn al qasim – excludes beasts of prey 3. hukm of flesh applies to this issue 4. idolator’s letover is impure (ibn al qasim says only if he drinks khamr) turns on 3 points: * 2-11-07 Leftovers from ritual purification Means whatever water is left from wudu Opinions: the majority of scholars agreed that it’s purifying. Some scholars said that it’s not permissible for a man to make water purification from a woman’s leftover , but she can make it from a man’s leftoever. Some scholars said it’s not permissible for either one unless they start together. It turns on different hadith – read this. Ablution with nabith (beverage if it’s left long enough, it ferments to alcohol) All scholars agreed it’s not permissible to make wudu with nabith in traveling due to the hadith of ibn abbas. First this hadith is weak, second according to authentic narrations, ibn masood was not with him, it was zaid. The correct opinion is the first one, that it’s not permissible Chapter 4. Factors nullifying wudu The evidence for nullifying wudu is the ayat: “or one of you comes after answering the call of nature, or you have been in contact with women..” and also the hadith “Allah does not accept a paryer from someone who did hadath ntil he performs wudu” Issue #1 Unclean excretions from the body All scholars agreed that urine and stool and passing gas invalidates wudu, but they differed. Three methods: hanifa, ahmad - any impurity leaving the body invalidates wudu, regardless of whether it comes from the body. So donating blood would invalidate. shafi - some scholars look to the channels where things might leave. So whatever comes from the front or the back even if it’s not urine or stool or gas (like a kidney stone) would invalidate wudu. malik - is to look to what comes out of these two canals, if it is impure it invalidates wudu, if it is pure, it does not.
Which is the strongest opinion? Sheikh says definitely it is the second opinion. Wudu has nothing to do with pure or impure matter – it has to do with the channels. Burping involves gas but it does not invalidate wudu. Blood is impure but why would it invalidate wudu? Issue #2 sleeping Does it invalidate the wudu? Hadith where some of the companions were nodding off but not sleeping. Omar asked the prophet to come and pray isha because the people slept – the scholars differed over whether they actually slept or just nodded off. Many many opinions: some scholars said that all sleeping invalidates wudu. Some scholars understand that sleeping does not invalidate wudu but it can produce what does invalidate wudu. (some people had people watch over them and if they didn’t hear or smell anything, they went ahead and prayed). However, there is a principle in shariah that certainty is not removed by doubt. Some scholars differ between deep sleep and short sleep. opinion of abu ayub – sleeping does not invalidate wudu at all other scholars differ between the position of sleeping. Malik said sleeping while standing does not invalidate – only lying down and sleeping does it. Shafi says sitting does not invalidate wudu but satnding and lying do. (sleeping has to do with consciousness, not position, so it has to do with consciousness) Also, hard to figure it out since all scholars agreed that the Messenger (saw) does not renew his wudu after sleeping because he said that “my eyes sleep but my heart does not” – so do we take these hadiths to mean that they only apply to him? Issue #3 touching women Scholars differed over the ayat “oh you who touched woman” – it has two meanings, the literal touch or intercourse. some said no touching invalidates wudu, whether mahram or not, whether with desire or not if you touched her with desire, it invalidates wudu shafi – touching invalidates. And he made 3 different opinions form this: 1) unless she is mahram, it invalidates wudu. 2) Once he made a distinction saying only the toucher must make wudu and the touched does not 3) another distinction is that both the toucher and touched need wudu. so what is correct? There is no evidence that says touching by itself invalidates wudu, it is what the touching produces i.e. ejaculation, that invalidates wudu. We have hadiths that say the prophet kissed his wife before going to prayer. 2-17-07 Issue #4 touching the private part Three opinions, one it invalidates wudu, secondly it does not, and third it depends how you touch it. They turn on two conflicting hadith: 1) “when one of you touches your penis, you should do wudu.” Hadith busrah bint safwan recorded in muwatta. Towards the end of islam. 2) A bedouin asked the P about a man who touches his private after wudu and the P said “isn’t it a part of your body?” hadith talq ibn adi that took place 1AH when building the hadith in medina In this case, we have totally differing hadith that seem to conflict – in fiqh, the first step is to reconcile. Since these hadiths are so similar, it is hard to reconcile and scholars preferred abrogation. Since the hadith busrah is later in Islam, they preferred it to hadith talq. Questions – what about the female private? What about the anus – both those issues are derived from this. what is the basis of this? Issues #5 eatables prepared on fire Hadith: perform wudu after eating that which was prepared by fire. This was part of Islam but then it got abrogated by the Prophet. Hadith jabir is clear in abrogating this issue. Imam ahmad said that eating the camel meat required wudu because of a clear established hadith requiring wudu after eating camel meat. Imam ahmad said that generally, wudu after cooked food is abrogated, but since this is a specific rule, we need a specific abrogation for it. (in usul al fiqh, we prefer the specific ruling over the general rule). Sheikh says that even though the majority does not agree with imam ahmad, sheikh says it is a strong opinion because of the ruling in usul al fiqh and that even though it is not the opinion of shafi, Issues #6 laughing during prayer – does it invalidate wudu? It definitely invalidates prayer. Abu hanifa says it invalidates your wudu also based on mursal hadith from abul aliya. A group of companions were praying and laughed and the P commanded them to perform wudu. (sheikh says this mursal is authentic up to abul aliya but the companion is missing). All other scholars disagreed with it – first there’s no evidence, mursal hadith is weak. Secondly, it’s not logical, if you laugh outside of salat, your wudu is not broken – why inside of salat? Issue #7 ablution after washing/carrying the dead
Hadith ibn rushd said its weak but albani said it’s strong “one who bathes the dead let him take a bath, and the one who carries them let him perform ablution”
Chapter 5: identification of acts for which this form of purification is stipulated. Funeral prayer and ayats of recitation do not require wudu – this is the majority opinion. Issue #1: purification for touching the mashaf All 4 imams said you need wudu. Dhahiri said you do not need wudu. Turns on interpretation of the ayah 56:79 “which none touches except the purified” – imams said it means wudu, while the dhahiri said it means angels. Also hadith where the P wrote “none but the purified touch the Quran” – some dispute over the authenticity of the writing or whether there was a mistake in it. Dhahiri reject this. Issue #2: obligation of wudu for one in janaba (get it from the book) Issue #3: Tawaf Majority opinion is that you need wudu for salat. Based on many hadiths that say that tawaf is like salat. That means that since you need wudu for salat, you need it for tawaf also. In addition the prophet said that the tawaf is like the salat except you’re allowed to talk in it. That means that in all other things, it should be the same including you need wudu. Abu hanifa disagreed. He said, based on the hadith where the prophet prohibited the menstruating women from doing tawaf. He said that purification is not a condition for everything that is prohibited during menstruation. Issue #4: reciting the Quran and remembering Allah without wudu Majority says you don’t need wudu. A group of jurists says you need wudu Based on conflicting traditions: 1) hadith abu jahm “P did not return the salam of someone until he had reached the side of the wall and rubbed his face and his hands and then returned the greeting. 2) hadith Ali “nothing prevented the Prophet from the recitation fo the Quran except janaba” Majority – hadith #2 abrogates hadith #1. 2-18-07 Acts of Bathing Scholars agreed that the one who ejaculated and the one who had menses need bathing. Ibn rushd begins – why do you need to take a bath? What is the evidence. Issue #1 Running the hand over the body: The majority of scholars said that you do not have to touch the whole body, Malik said you did Difference turns on 2 different things: 1) the meaning of the words ghusl and 2) hadith – Read more about this page 44 Issue #2 intention as a rereq Just like wudu, but read pg 45 Issue #3 rinsing the mouth and snuffing the nose Just like wudu, but read pg 45 Issue #4 continuous and sequential performance Just like wudu, but read pg 46 Nullifications of Ghusl Issue #1 – obligation of purification after cohabitation 4 imams agreed that if the genitals touch, then ghusl is required, dhahiri disagreed. 2 opinions – read page 48. Two evidences: First Hadith abu huraira “if he places himself between the 4 parts of a woman, joining his genicals with hers, bathing becomes obligatory. Second Hadith uthman “what do you think of the man man who cohabits with his wife, but does not ejaculate. He replied “he is to perform the minor ablution just like he does for prayers, I heard it from the Messenger saw” first opinion – hadith abu huraira abrogates hadith Uthman based on the statement of Ubayy ibn kab “the P granted a concession in the early days of Islam, but later ordered bathing” recorded by abu dawud. Second opinion -
Issue #2 – seminal discharge after invoking purification 2-24-07 Chapter 3: Ahkam of Janaba and Menstruation Section 1 janaba What is the meaning of junub as it is used in the Quran. Janaba linguistically means to avoid because you cannot do ibada while you have janaba. Issue #1 – entering into the masjid in a state of janaba Three opinions: malik = you cannot enter at all. Shafi = you can pass by or through but you cannot stay there. Dhahiria = you can enter and stay. Malik = if you allow us to pass by, then this reduces the value of the masjid, this is the house of Allah swt. Shafi = Allah says 4:43 “do not approach prayer while drunk….and not on the state of janaba…. except passing by (while journeying).” The ayat means to shafi that approaching prayer means something like staying in the masjid. Sheikh likes the second opinion. He also mentions the people who were poor and lived in the masjid – it’s possible one of them had janaba. As for the first opinion, the ayat is against it because it spells out an exception – “while you are traveling” Issue #2 – touching the mas’haf in a state of ritual pollution. We learned this – majority prohibited. Issues #3 – Reciting Quran on the state of Junub Majority say you cannot based on hadith Ali “nothing prevented the Prophet (saw) from reciting the Quran except janaba.” A minority allows this and says the hadith gives rise to a hukm and is merely an observation, but the majority says that Ali had no way of knowing if the Prophet (saw) was junub or not and would only say something like this if he had sound knowledge of this. What about the hayd (menses)? – majority allows her to recite the Quran but not to touch the mas’haf. There is only a weak hadith that says “neither the junub nor the ha’id recites from the Quran” but it is weak and sheikh says that there is no evidence that prevents the ha’id from reciting the Quran. Section 2: the types of blood flowing form the uterus and related ahkam. Sub-section 1 – three types of blood. Menses blood which flows monthly in a state of health, blood which is outside the regular monthly cycle from illness, and post-natal bleeding. Sub-section 2 – indications of change from one to the other. This issue can be very complicated – the women of the family of jahsh all bled continuously, mother daughter etc. um habiba for 7 years. What if a woman bleeds for 30 minutes and then stops? Some scholars still say she waits a day. Issue #1 – maximum and minimum number of days for menstruation. Malik says there is no minimum. Shafi says the min is one day and one night. Abu hanifa says 3 days min. (that means if a woman bleeds only a little bit and then stops, according to malik she purifies and prays. Shafi says she waits a day and a night before she purifies and prays, etc.) 2-25-07 Issue #2 – the case of the woman whose menstruation ceases then begins again Malik & shafi – add up the number of days she had blood ignoring the days of purity. For the days of purity, you bathe and pray. You do not exceed 15 days. Malik also adds that the when the days of sporadic bleeding equal the number of days of the normal period, then add 3 days for the flow to cease and until then she is mustahada. Issue #3 – min and max days of postnatal bleeding Issue #4 – blood seen by the pregnant woman Issue #5 – mucus and pus Issue #6 – indications of purity
3-3-07 Ahkam of normal and menstral bleeding The jurists agreed that menstruation prohibits 4 things: Prayer – does she have to make up the prayer? No: hadith ayesha where a woman asked her why she has to make up fasts but not prayer and aisha approved her question. Tawaf – some scholars allowed it from necessity, but generally. Intercourse – “avoid women during menses” Issue #1: Cohabitating with menstruating women Majority of scholars forbade what’s under the waist. – means from the knee to the navel. Some scholars said you only avoid the outlet of blood – other than that, you’re allowed. Why did they differ? – conflict of hadiths. For first opinion - A man came to the P and said “what is lawful for me if my wife is menstruating” and the P said “you have what is above the izar” – and izar covers from the navel to the knee. What is understood is that you cannot have what is underneath. Another hadith aisha said the P used to command me to wear the izar and then he used to put his skin on my skin. Scholars say it means you cannot enjoy what is beneath the izar. For second opinion – the p was asked and he said “do anything you want except actual intercourse” (remember the people of the book and the arabs used to avoid the women during their time of menstruation and did not eat what they ate – they thought it made everything impure. Aisha said the P used to follow the trace of my lips – meaning he used to eat after her. Another hadith where the P was cold asked aisha to lift her izar and he put her cheek and his shoulder against her thigh until he warmed his face. Sheikh says these are two very strong opinions and you choose what you want as long as you know the evidence. Issue #2: Intercourse in the period of purity before bathing. Ayat says “avoid women until they are pure.” So once they purify themselves, it’s ok. The ayat says you cannot have sexual relations with them until they purify themselves. The different opinions turn on the understanding of the ayat. The majority say that until she takes a bath, you cannot have intercourse. Issue #3: Cohabitation with the woman who is menstruating Shafi malik and hanafi say he just asks for forgiveness and is not liable for anything. Ahmad says he pays a half-dinar in charity. Some say he pays a whole dinar if she is bleeding, half-dinar if it is after Issue #4: the woman with extended bleeding 1. Malik shafi hanafi - single bath obligatory when her period ends. Also wudu for each prayer is obligatory. Malik – wudu for each prayer is recommended. 2. another opinion – bath for each prayer 3. another opinion – bath for fajr. Bath for end of zuhr and then asr. bath for end of maghrib and isha 4. another opinion – bath once in a day and a night. Four widely known hadiths make up the distinction: a) hadith aisha said that Fatima, the daughter of umm hubaysh said to the P “I am always bleeding. Should I abandon prayer?” – he said “this is the bleeding of the veins. When menstruation ends, take a bath” – agreed up on by muslim and bukhari. Abu dawood and others recorded “and also make wudu for each prayer” b) etc etc page 64. Issue #5: cohabiting if a woman has extended bleeding One opinion says you don’t have sexual relations with her at all Second says it’s ok Third says you can only if the period was long. END OF FIRST EXAM 3-4-07 Tayammum (read the 13 pages and learn them) 3-25-07 Book of removal of impurities Chapter 1: its rulings The basis is: Allah says “wa fiyabaka tahir” – your clothing purified. But there’s another meaning of this – heart. So does it refer to spiritual or physical purity. But the apparent meaning is physical so the apparent command implies obligation of physical purity. Also, the Prophet said “One who performs wudu should snuff up water and reject it, and one who uses stones should use an odd number.”
4 kinds of impurity Al-maita – carrion of warm-blooded animals not living in water Flesh of swine. Blood of an animal that does not living in water and is extracted from a living or dead animal The urine and excrement of human beings *scholars agreed on these four types but they disagreed beyond this. Do you have to remove impurities from your clothes? One says yes you do Two says you do at the time of clothes Three says only if you remember – story where gibraeel came during salat to tell the prophet to remove his clothes (does this mean you don’t have to remove impurities at all? You do because of the hadith where the P passed a grave and said the man is being punished because he neglected his urine.) What has to be purified? Body, clothes, and places of prayer. Everything else is recommended, not mandatory Issue #1 carrion and dead sea animals They disagreed about carrion that has no blood in it: Malik (and also ahmad) - A carcass of a bloodless creature is clean; similarly, the dead sea creatures. Shafi – bloodless creature is impure like the creature with blood – it’s pure if something over which there is agreement that its not carrion Hanafi - Carrion and dead sea animals are the same in prohibition except what’s bloodless – so they forbade the dead sea animal and they allowed what has no blood. Issue #2 parts of dead animals They agreed that the flesh of the maita is maita but they disagreed about the bones and hair Shafi – both are impure Hanafi – both pure Malik – bones impure, hair pure Issue #3 skins of dead animals They disagreed about the utilization of skins of dead animals: Absolutely permissible. Absolutely impermissible Tanning purifies permissible. Strongest opinion. Shafi and hanafi. One narration from malik Second narration from malik – tanning does not help, but the animal can be used if no moisture is involved. Can you purify (through tanning) animals that cannot be ritually slaughtered? Shafi says that it only applies only to animals that can be ritually slaughtered bc slaughter is a substitute for purification. Hanafi said that tanning purifies all animals except for swine. Dhahiri said it purifies all animals even swine. Hadith maymuna = P said “would that you made use of its skin” Hadith ibn akim = p wrote “neither its skin nor its sinew are to be utilized” Hadith ibn abbas = p said “when the hides are tanned they become purified” Issue #4 Prohibition of Blood Blood of animals is impure. Difference over blood of fish. Look in book Issue #5 Urine Scholars agreed that the urine of people is impure except for the male infant that doesn’t eat food. They disagree over animals. S & H – excrement of all animals is unclean ? – all animals is clean ? – hukm of their flesh = hukm of their urine. Issue #6 negligible filth Shafi – small amount same as large amount. even one drop is blameworthy Hanafi – small amount is permissible. Mohd ibn hasan says as long as the filth covers less than 1/4 of the dress it’s ok. Malik – small amount same as large amount except blood. One of his opinions involves menstrual blood.
Reason for disagreement – anolgy over using stones to clean leaving behind minor impurity. Sheikh says you have to clean it off if you can – you can’t just say “oh there’s a little bit of impurity no big deal.” Issue #7 Semen Shafi Hanbali Dhahiri – semen is pure Hanafi Maliki – semen is impure Reasons for disagreement: 1) hadiths of aisha. One says “I used to wash the semen off the clothes of the messenger and he used to have water marks.” Another hadith “I used to scrape the semen marks off with a stone” – sheikh says that’s not enough to remove an impurity. 2) resemblance of semen to other human excretions – it’s more like milk than urine. Read more in book. 3-31-07 Chapter 3: objects from which impurities should be removed. Last week we mentioned 3 things: body, clothing, place of prayer. Evidences: body (ayat of wudu), clothing (ayah – theyabaka fatahir), masjid (hadith of the Bedouin uriniating – it was clear to the companions that you weren’t supposed to urinate in the masjid, and then the prophet commanded them to pour water over it, and then afterwards, the Prophet told the Bedouin it was supposed to stay clean). Chapter 4: the means of removal. Jurists agreed that clean purifying water removes impurities from those three objects. They also agree that stones can remove impurities from the two outlets: (proof, the prophet said so). Is water required for this purification? No, there is agreement among the scholars. They disagreed about removal what is besides these from among fluids and solid substances. What if you used windex or glass, etc. The majority – shafi, malik, ahmad, and the two students of hanifa (abu yusuf and mohd ibn hasan). A group of jurists said that impurities cannot be removed by things other than water, except stones on the two outlets which are agreed upon. Abu hanifa – permissible to use stones to clean. Issue of disagreement – abu hanifa says that the issue is just to remove impurity so whatever does it is okay. The majority says that we use water by the command of Allah (swt) and we do not rationalize it. Also, is it about ibadah or is it about removal about impurity. Abu hanifa says that water is used for wudu and everything else is just about removal of impurities. The majority says that nothing besides water was ever used. Chapter 5: the method of removal of impurities The jurists agreed that the manner with which impurities removed is of three types: washing, wiping, sprinkling. Washing: it is applied to all kinds of impurities and for all locations of uncleanliness. Wiping: is permitted with stones for the outlets and with dry herbage for boots and sandals. (hadith: prophet asked the women to let their dresses hang to not show their legs and feet and umm salama asked him about the filth – he said that it is purified by what follows). A group of jurists permitted wiping of any smeared object. Another gropu didn’t permit it except for the two outlets and the trailing dress of a woman. Sprinkling: some jurists said that you can sprinkle (meaning to use less water than the impurity that is there) on the urine of a baby boy. Another group made a distinction between the urine of a baby boy and washing for the urine of a baby girl based on the hadith. The number: A group of jurists stipulated only the removal of impurity in washing and wiping Another gropu stipulated it in wiping with stones as well as in washing. Another group didn’t stipulate a number neither in washing nor wiping. 4-1-07 SALAT The discussion of the prayer is confined to four categories: The identification of the obligation and matters related to it. The identification of its three conditions. The identification of its acts and words. Delayed performance. Issue 1: the obligation. Proof. Allah says “iqimasalat” implies obligation. Also when the P sent muath to yemen he told him to establish prayer.
Issue 2: the number of obligatory prayers. 2 opinions. majority say 5. evidence “let them know Allah has prescribed 5 prayers.” Also the story of isra and miraj. Allah said it will be 5. There’s another hadith “Allah has increased you one prayer. Witr haq” – so is witr an obligation? Most just say this hadith is to emphasize the importance of witr. Some scholars said that the sunnah of subH is better than witr. Also, there is difference of opinion as to whether the P prayed witr at the last hajj. So the first opinion is stronger that there are 5 obligatory prayers. However, witr for the P was mandatory as was tahajjud because of the sura muzammil. Also, the P said “whoever does not pray witr is not one of us” Issue 3: the person for who the prayer is obligatory. Is the age of requirement of prayer puberty or is it 10 years old as per the hadith? The hadith is just there to teach the children. Puberty is the right age. Disbelievers are not required to pray. It would not be accepted from them anyway. Issue 4: the obligation arising from intentional relinquishment. They differed over the one who doesn’t pray out of laziness. Three opinions: killed as a kafir, killed as a muslim, or imprisonment until he prays. 2: the conditions of the prayer Chapter 1: timings – The prescribed timings: Timings at the end of dhuhr. Read page 100 on. 4-7-07 Issue 5: Subh prayer They agreed that the first timing for the morning prayer is true dawn (remember there is a difference for the beginning of asr, but this is like maghrib, no difference in the beginning.) What is true dawn? Well fake dawn is when the light comes vertically. Sunrise is when fajr finishes. Disagreed over the best time to pray subH. The dawn is at 5:55 these days and the sunrise is like 7:20. so when is the best time? There is some light that you can see around say 6:45 ish. Majority of scholars say the best time to pray is at the beginning of fajr, the time called ghalees. In general, the prophet said “salat should be at the beginning of time” Hadith aysha “may allah show mercy to the women of ansar – they used to go to subH and when the left they still would not be recognized.” Abu hanifa said the best time is when the light is up – approx 6:45 ish when you can see the light. “the best time for it to be prayed is at isfar” Reconcile by saying in general, you pray at the beginning of time, but sometimes you pray at isfar to follow the sunnah. Also you could start in the dark, but you could extend it until isfar.
Timings in case of necessity and excuse. Majority of scholars confirmed special prayer timings for necessity and excuse, while dhahiri have denied them. Like 1am to 5am is the time of necessity for isha. Why did dhahiri deny the idea of necessity for prayer? Hadiths – “the time of one prayer ends when the next one begins” – also the hadith of asr “if you catch 1 rakat of asr before the sunset and then you caught asr” Malik shafi agreed special time for four prayers – common time between dhuhr and asr and common timing for maghrib and isha. However they differend about common time. Hanifa said there is a special time for asr. Traveling – hanifa says you dely dhuhr until the beginning of asr and then virtually combine, not actually combine. Malik and shafi said there is a combined time for dhuhr/asr and maghrib/isha but they differed what it is. Malik said the special timing for dhuhr the time of 4 raka for the resident and 2 rakat for 2 rakat for traveler after the declining of the sun from the zenith. Special time for asr 4 rakats before the sunset for the resident and 2 rakats for the traveler before sunset. Shafi said the special time is one time, which is the time of performing one rakat before sunset for dhuhr and asr. And the time of one rakah before dawn for maghrib and isha.
The people of necessity The agreed on 4 types of people: * The menstruating woman entering the period of purity or beginning menstruating before she has prayed. * The traveler who remembers prayer in these timings at a time when he is in a settlement. Or a resident who remembers a prayer while traveling. * a minor who attains puberty * the disbeliever that accepts Islam (they disagreed on the person who passes out – shafi says he does not have to make it up – qiyas is based on the minimum time for menstruation. Hanifa says as long as he doesn’t miss more than 5 prayers he has to make it up – also based on min time for menstruation is 1 day for hanifa. Other scholars say you make them up. So 3 opinions ) The time during which prayer is forbidden The juristsagreed that there are three time-segments in which prayer is proscribed: The time of sunrise. The time of sunset. The interval between finishing subH prayer until sunrise. Read to page 110 in the book. 4-9-07 Adhan Linguistically, it means notification. The specific call to prayer at the specific time with the specific words 3 main forms of adhan malik opinion: 1 - Allahakbar x2 Rest is the same 2 – tarjee Ashadu an la x2 Ashadu anna mohd x2 Ashadu an la x2 Ashadu anna mohd x2 Shafi: Allhuakbar x 4 Tarjee Remember in seera there were 4 muadheen – the prophet taught abu madhura to do tarjee. 4-14-07 What do you do if you hear the adhan? 5 things: 1. You listen 2. you repeat – difference of what to say after hayat ala as-salat. Some say you don’t say la hawla wa la kuwatta, because the hadith says to repeat exactly. 3. you read la hawla wa la kuwatta 4. you read the dua of adhan 5. salat on the Prophet (saw). What if you heard adhan coming out of your computer? You don’t repeat, just for the time of salat. Iqamat Is this an established sunnah or a must. Vast majority of scholars said it is a sunah muaqadda. Dhahiri said it’s fard. Shafi said that both adhan and iqamah are sunnah. Description of the iqamat. In maliki, you said qad qamat as-salat once, twice in shafi. In hanafi, iqamat is same as adhan with qadqamat as salat twice. Reasons for difference? Bilal was commanded to make the adhan twice and the iqamat once. But then difference over iqamat. Hanafi don’t uphold this hadith, read page 116.
Qibla, page 121. Scholars say that if you are inside the masjid and you can see kabah, then you have to face it exactly, but if you are outside the masjid in mecca, then face the direction of the masjid, and if you’re outside mecca, face the direction of mecca, and this is the mercy of Allah – it is so hard to try to actually face mecca, the direct is good enough. What if you found out later that you faced the wrong direct after the salat? Malik said its recommended that you pray it again, read it. Covering the private parts, page 125. Scholars agreed that covering the awrah is a must. Yet they differed whether this is a condition of the validity of the prayer or not. They also differed about the limit of the awrah for the male and the female. At the time of the prophet, the women were asked to delay standing from sujud because if they listed their heads right away, they would see the awrah of man. The limit of the awrah for man Cover the navel and up to the knee. Hanifa says you cover the knee. Cover One shoulder – opinion of ahmad. Other scholars say it’s recommended and does not invalidate the prayer. Also a story of jabar praying without his shoulder covered and someone rudely rebuked him and jabar said it’s ok and that an idiot like him needs to learn. And scholars say it’s ok to rebuke someone like this. The limit of the awrah for woman. Ahmad says she covers everything, even her face. The majority say allows the face and the hands. The argument of imam ahmad is that the foot should be covered based on the hadith umm salama that the prophet said the length is good enough to cover. Abu hanifa says you can allow the foot to be exposed. Praying in a silken garment – is it permissible to pray after performing wudu with stolen water? Is it permissible to pray on stolen land? Can the drunk man pray? 4-15-07 Purification from filth All scholars agree that removing the filth is a condition in prayer except malik who says it’s recommended. Places suitable for prayer Not: Where the camels stay Graveyards Slaughterhouse Bathroom Roof of kabah Some scholars said any place as long as there is no impurity Others said it’s permissible in any place except the graveyard Others added the bathroom Why did they differ: Conflict of hadith: 1) prophet said “I have been given 5 qualities, one of them is all the earth was made as a masjid” 2) hadith all the world is a place of prayer except a graveyard 3) hadith all the world is a place of prayer except a bathroom. Some said it’s not forbidden but merely disliked Conditions for the validity of the prayer pg 131 Generally, It’s mandatory to abandon any act during the prayer which is not a part of it. Ayat – “stand before Allah qaniteen” – hadith “prophet told the man not to say yarhamakallah” With the exception of killing the scorpion and the snake. Speech during the prayer also invalidates it. Yet the differed in two issues: 4 types of speech (in al-mugni, he divided into 5 types) But in general there is speech for the benefit of the prayer, and speech not for the benefit of the prayer Some scholars said that if you said something involuntarily, it’s just a mistake and you don’t have to make it up. All scholars agreed that if you talked on purpose, then your prayer is invalid. Intention pg 132 Takbir pg 135 – 3 opinions, differentiate from first, takbir every rakat obligatory , takbir every rakat recommended Dua after takbir – some scholars chose that the dua before the recitation is a must. But they differed about the dua to be said. According to malik (ra) it is not mandatory or sunnah, you just start alhamdulilalh.
Saying bismillah – 2 issues, saying it and pronouncing it. Malik: not permissible in obligatory prayer Abu hanifa and ahmad – read it silently Shafi – should be read aloud. 4-22-07 The book of prayer What if someone started and did not recite anything, then ruku. Is his prayer valid? What about sura ikhlas All scholars agreed that you have to recite something from the Quran. hadith abu huraira Grr, read this page 139-145ish 4-28-07 Page 162 – does the imam say amin? Do you correct the imam? Know thorugh page 167.