Fiqh of Tahara-5

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					  Fiqh of Tahara-5

Taught by: Hacene Chebbani
Wiping Over Regular/Leather Socks
• Imam An-Nawawi (r) said, in his explanation of
  Saheeh Muslim: “All of those qualified for
  ijmaa agree that it is allowed to wipe over the
  socks whether on a journey or at home,
  whether due to some need or not. It is even
  permissible for the woman who stays in her
  house or the handicapped person who can not
  walk. It is rejected by none but the Shi’ites
  and the Khawaarij, but their rejection is
  invalid.”
    Conditions for its Acceptance
1. Socks were worn while the person’s ablution
   was still valid.
   It is reported on the authority of Al-Mugheera
   ibn Shu’bah (r) that he said: “ I was with Allah’s
   Messenger one night during an expedition. I
   poured water and he washed his face and his
   arms and wiped over his head, then I went to
   remove his leather socks, but he said: “Leave
   them, as I put them on while I was in a state of
   purity’ So he wiped over them”
   (Bukhari/Muslim).
              Conditions-Cont
2. It has to take place during the permitted
  period of time.
  Narrated Ali ibn Abi Talib (r), he said: “Allah’s
  Messenger (pbuh) limited the period during
  which, it is permitted to wipe over the socks,
  to three days and nights for the traveller and
  one day and a night for the one who is at
  home”
  (Muslim/Nasaa’i).
 How do we Wipe over the Socks?
• Islamic Sharia prescribes that the top of the
  sock is to be wiped.
• It is reported that Ali ibn Abi Taalib (r) said: “ If
  religion was based upon opinion, the bottom
  of the sock would take preference over the
  top in being wiped. I saw the Messenger of
  Allah (pbuh) wiping over the top of his leather
  socks (Alkhuf).” (Abu Dawood)
   Wiping Over Shoes and Socks.
• Just as it is permissible to wipe over leather
  socks, it is allowed to wipe over ordinary socks
  and shoes.
• Proofs:
1. It is reported that Almugheera ibn Shu’bah (r)
   said “that the Prophet (pbuh) made ablution
   and he wiped over his shoes and socks
   (regular socks).” (Abu Dawood/Tirmithi who
   said ‘it is hassan Sahih’)
Wiping Over Shoes and Socks-Cont
2. Narrated Thawbaan: “The Messenger of Allah
  (pbuh) sent out an expedition. They were affected
  by cold. When they returned to the Messenger of
  Allah (pbuh), he commanded them to wipe over
  turbans and stockings (At-Tasakheen).” (Abu
  Dawood)
• Abu Dawood did not comment on this hadith, and
  was classified as sahih by An-Nawawi in his book
  almajmou’, Al-Albaani in Sahih Abee Dawood,
  Sheikh Ahmed Shaakir, and Imam Dhahabee said
  “It has got a good chain of narration.
Wiping over Shoes and Socks-Cont
3. Narrated Al-Azraq Ibn Qays: “ I saw Anas ibn
  Malik making Wudu, he washed his face and
  hands, and then he wiped over socks made of
  wool. I said: Do you wipe over them? He said:
  “They are khuffan, but they are made of wool”
  (Ad-Dulaabi in Al-kunah wa Al-Asmaa’ from
  Ahmed bin Shu’ayb An-Nasai’)
  - It was classified as sahih by Sheikh Ahmed
  Shaakir (May Allah have mercy on him).
Wiping over Shoes and Socks-Cont
4. Ibn al-Qayim said: “Imam ibn Al-mundhir narrated the
   permissibility of wiping over regular socks from 9
   sahaba (Ali, Ammar, Abu Masoud Al-Ansaari, Anas, Ibn
   Umar, Al-Baraa’, Bilaal, Abdullah ibn Abi Awfa, Sahl ibn
   Saad) and Abu Dawood added four: (Abu Umaamah,
   Amr ibn Huraith, Umar, Ibn Abbas.) (Jami’ Alfiqh: 186)
• He also referred this fatwa to the following scholars:
   (Ahmed ibn Hanbal, Ishaaq, Abdullah ibn Almubarek,
   Sufian Athawri, A’taa’ ibn Abee Rabaah, Alhassan
   Albasri, Said ibn Almusayeb, Abu Yousef) and he
   continued: We do not know any Sahabi who said “ It is
   not permissible to wipe over regular socks.” (Same
   reference and page as above)
Wiping over Shoes and Socks-Cont
• 5. Alqiyaas (Analogy): They said “ There is no
  difference whatsoever between leather and
  regular socks.” “The reason of the shariah
  ruling is the same in both types of socks, and
  the wisdom behind this ruling in both cases is
  to bring about ease and remove hardship.”
    What invalidates the Wiping
1. Janaabah (Major Ritual Impurity)
   Proof:
   Narrated Safwaan “ Allah’s Messenger (pbuh)
   used to order us when we were on a journey,
   not to remove our leather socks for three
   days and nights, unless we were in a state of
   janaabah, but not due to defecation,
   urination or sleep.” (Tirmithi and Nasaa’i)
Does Removal of the Socks and the end of
  the permissible period invalidate the
                wiping?
• Imam Ahmed, Alhassan Albasri, Sheikh Ibn Taymiyah,
  Al-Albaani, Ibn Uthaimeen, and others said that “
  Removing the socks or the headdress which have been
  wiped over does not invalidate the ablution, nor does
  the expiry of the period for wiping over them and he
  (the worshipper) is not obliged to wipe over his hair
  nor wash his feet...It is like shaving the hair after
  wiping over it...”
• Analysis: The wudu’ was done correctly based on
  sharia evidences. To say that the wudu’ is now invalid
  after the removing the sock or the period is finished,
  we need to provide a proof and there is none.
       The conditions of the socks
• Do the socks have to be thick and perfect without any
  hole?
• Answer:
  1. The golden rule says: “ Whatever the legislator (Allah
  or His Messenger) has prescribed without any
  restrictions or conditions, then we have to treat as it is,
  free from any additions”
  Moreover, most of the sahabah (r) could not afford to
  have new socks, and most of them were poor people,
  so there is a need to explain these conditions and
  restrictions for them, but there is no evidence
  whatsoever that supports those restrictions.
         Other related matters?
1. When do we start timing the wiping?
• We starting watching for the permitted period of
   Mash (wiping) after we make mash (wiping) for
   the first time.
2. Does the sock have to be Tahir? Not Stolen?
    -The material of the sock has to be pure (Tahir).
    If it has Najasah, he/she may still make mash but
    he needs to remove an-najasah before praying.
    - If the sock is stolen, his/her wiping might be
    correct and valid, but he/she will be sinful for
    stealing the socks.
Wiping over Aljabeera (Cast/Bandage)
• Ibn Hazm (May Allah have Mercy on him) said the
  hadiths narrated on cast and bandages are weak.
• Other scholars said that the hadiths concerning
  wiping over the socks and those on bandages
  together show that it is lawful to rub on
  bandages.
• The wisdom is to bring about ease, and then
  wiping over bandages would be more eligible to
  be lawful, because it is done out of necessity.
                   Continued
• Wiping over bandages/cast is not permitted
  unless it is harmful to take the bandage off, while
  that is not necessary in the case of shoes.
• Wiping over bandages/cast has no limited period
  of time because it is made as a necessity.
• Wiping over bandages/cast is permissible during
  ritual bath as well as during wudu’. However,
  wiping over socks is only permissible during
  wudu’.
                 Continued
• Tahara is not a requirement before putting the
  bandages or the cast. This is the most correct
  view.
• How to perform rubbing on bandages:
   we need to observe the following steps:
1. The wound is open, but may not be hurt when
   washed; then this must be washed.
2. The wound is open, but may be hurt when
   washed not if wiped over, then this must be
   rubbed.
                 Continued
3. The wound is open and may be hurt if washed
  or wiped over it, this should be wrapped by
  bandage so as to rub on it, if he fails to do so
  or can not do it, then he/she should perform
  Tayammum for that limb.
4. The wound is covered with a cast or bandage
  or something else, then he/she rubs on it and
  that would be sufficient.
                 To be continued

				
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