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Abdullahi Umar Baba

Fiqh Us Sunnah

Volume 1

Fiqh 1.1: Purification

The shari'ah has divided water into four kinds:

mutlaq water,

used water (for purification),

water mixed with pure elements and

water mixed with impure elements. We shall discuss each of them separately.

Fiqh 1.1 a: Mutlaq water

This kind of water is considered pure because of its inherent purity and as such, it can be used by an

individual to purify him or herself. It consists of the following categories:

Fiqh 1.1 b: Rain water, snow, and hail

These substances are pure because Allah says so: "And sent down water from the sky upon you, that

thereby He might purify you..." (al-Anfal 1), and "We send down purifying water from the sky" (al-

Furqan 48). This is also supported by the following hadith: Abu Hurairah reported that the Messenger of

Allah, upon whom be peace, used to be silent between the (opening) takbir of the prayer and the verbal

Qur'anic recitation. Abu Hurairah asked him, "O Messenger of Allah, may my father and mother be

sacrificed for you, why do you remain silent between the takbir and the recital? What do you say

(silently during that time)?" He said, "I say, 'O Allah, make a distance between me and my sins similar

to the distance you have made between the East and the West. O Allah, cleanse me of my sins in the

manner that a white garment (is cleansed) from dirt. O Allah, wash my sins from me with snow, water,

and hail."' This hadith is related by the "group", except for at-Tirmizhi.

Fiqh 1.2: Sea water

Sea water's purity is based on the following hadith: Abu Hurairah related that a man asked the

Messenger of Allah, upon whom be peace, "O Messenger of Allah, we sail on the ocean and we carry

only a little water. If we use it for ablution, we will have to go thirsty. May we use sea water for

ablution?" Said the Messenger of Allah, upon whom be peace, "Its (the sea) water is pure and its dead

(animals) are lawful (i.e., they can be eaten without any prescribed slaughtering)." This hadith is

related by "the five." At-Tirmizhi calls it hassan sahih, and al-Bukhari says it is sahih.

Fiqh 1.2 a: Water from the well of Zamzam

'Ali narrated that the Messenger of Allah, upon whom be peace, called for a bucket that contained water

from the well of Zamzam. He drank from the bucket, then made ablution (with its water). This hadith is

related by Ahmad.

Fiqh 1.2 b: Altered water

This involves water whose form has been altered because of its being in a place for a long period of

time, or because of the place in which it is located, or because of its being mixed with a substance that

cannot be completely removed from it (i.e., water mixed with algae, tree leaves, and so on). The

scholars agree that this type of water falls under the heading of mutlaq water.

them as being impure. Nevertheless, it does not bother him if the object falling into a substance does

not alter it (in any way)."

Fiqh 1.7 b: Bones, horns, claws, fur, feathers, and skin and so on of dead animals

All of these are considered pure. Concerning the bones of dead animals, az-Zuhri said, "I have met

some scholars of the preceeding generations who used such objects for combs and pots for oil, and

they did not see anything wrong in that." This is related by al-Bukhari. Said Ibn 'Abbas, "The client of

Maimunah was given a sheep as charity, and it died. The Messenger of Allah, upon whom be peace,

passed by it and said, 'Why do you not remove its skin, treat it and put it to use?' She said, 'It is

dead' (i.e., it has not been slaughtered properly). He said to her, 'Only eating it is forbidden."' This is

related by the group. Ibn Majah attributes the incident to Maimunah and her client. Al-Bukhari and an-

Nasa'i do not mention treating the skin. It is reported from Ibn 'Abbas that he recited: "Say (O

Muhammad): "In all that has been revealed to me, I do not find anything forbidden to eat; if one wants

to eat thereof, unless it be carrion, or blood poured forth, or swine flesh..." (al-An'am 145). Then he

said, "What is forbidden is its meat. As for its skin, skin used for waterskins, teeth, bones, fur and wool,

they are permissible." This is narrated by Ibn Munzhir and Ibn Hatim. Similarly, its rennet and milk are

considered pure. This is supported by the fact that when the companions conquered Iraq, they ate the

cheese of the Magians which was made from rennet, although their slaughtered animals were

considered the same as 'dead animals.' It is confirmed from Salman al-Farsi that when he was asked

about cheese, clarified butter and pelts, he said, "What is permissible is what Allah made permissible in

His book. What is forbidden is what Allah made forbidden in His book. What he omits, He has pardoned

for you." It is well-known that he was being asked about the cheese of the Magians, as Salman was

'Umar's deputy in Mada'in, Iraq.

Fiqh 1.8: Blood

This includes blood that pours forth from an animal's body, such as blood from a slaughtered animal, or

from menstruation, except for what small amounts are overlooked. Ibn Juraij said about the Qur'anic

verse "...or blood poured forth..." (al-An'am 145), that this is the blood that flows out. The blood that

does not flow out, but remains in the veins, is permissible. This is related by Ibn al-Munzhir. And it is

also related from Abu Majlizn in his discourse on blood that he was asked, "What about the blood that

remains in the slaughtered sheep or at the top of the cooking pot?" He answered, "There is no problem

with it. What is forbidden is the blood that flows out (of the animal at the time of slaughtering)." This

was recorded by 'Abd ibn Hameed and by Abu ash-Shaikh. It is also related from 'Aishah that she said,

"We used to eat the meat when the blood was streaking the pot." Al-Hassan said, "The Muslims always

prayed, even while they were bleeding." This was mentioned by al-Bukhari. It is confirmed that 'Umar

prayed while his wound was bleeding. Elucidating the point, Ibn Hajr says in Fath al-Bari (a

commentary on Sahih al-Bukhari): "Abu Hurairah did not see anything wrong in a drop or two of blood

during the prayers. Based on this report from Abu Hurairah, the blood of a flee or the blood that comes

from a pimple are to be overlooked. Abu Majlizn was asked about pus that gets on the body or the

clothes. He said, 'There is nothing wrong with them. Allah mentions only the blood, not the pus."'

Commenting on the subject, Ibn Taimiyyah says, "It is obligatory to clean the clothes from pus,

purulent matter or similar fluids." He also says, "There is no proof concerning its impurity." It is

preferred for the person to avoid contact as much as possible with these substances.

Fiqh 1.9: Pig's meat

According to the verse (al-An'am 145) quoted earlier, items mentioned therein are impure. The

pronoun 'they' refers to all three of the mentioned items. It is, however, allowed to knit with the hair of

a pig according to most of the scholars.

Fiqh 1.9 a: Vomiting of a person, urine, and excrement

There is agreement among the scholars that these objects are impure. But, a slight amount of vomit

(commonly understood as a small amount of liquid) and the urine of an unweaned male baby are

overlooked and pardoned. It is sufficient just to sprinkle water over the urine of an unweaned male

baby. This is based on the hadith of Umm Qais. She came to the Messenger of Allah with her unweaned

son. After a while, the baby urinated in the Prophet's lap. The Prophet, upon whom be peace, called for

some water, which he sprinkled over his clothes, and did not give them a complete washing. This is

related by al-Bukhari and Muslim.

'Ali narrated that the Messenger of Allah said, "The urine of a baby boy should have water sprinkled

upon it. The urine of a baby girl is to be washed off." Says Qatadah, "This refers to a male baby that

has not yet begun to eat. If he already eats, then the garment is to be washed."

This hadith is related by Ahmad, Abu Dawud, at-Tirmizhi and Ibn Majah. In al-Fath, Ibn Hajr says its

chain is sahih.

Sprinkling is sufficient as long as the boy is still nursing. If he eats solid food, his urine must be washed

from the clothes and body. There is no disagreement on this latter point. Perhaps the reason for this

exemption to the male baby's urine is that people have a tendency to carry their male babies around,

and it would have been difficult to clean the clothes after their frequent urinations.

Fiqh 1.10: Al

Wadi

Wadi is a thick white secretion discharged (by some people) after urination. It is considered impure.

'Aishah said, " Wadi comes out after urination. The person should wash the private parts and perform

ablution. It is not necessary to perform ghusl. This is related by Ibn al-Munzhir. Ibn 'Abbas related that

"mani (sperm) requires ghusl. As for mazhi (semen) and wadi they require a complete purification."

This is related by al-Athram. Al-Baihaqi has it with the wording, "Concerning mazhi (prostatic fluid) and

wadi, he said, 'Wash your sexual organs and perform the same type of ablution as you perform for

prayer."'

Fiqh 1.10 a: Al-Mazhi or prostatic fluid

This is a white sticky fluid that flows from the sexual organs because of thinking about sexual

intercourse or foreplay, and so on. The person is usually not aware of when exactly it is secreted. It

comes from both the male and the female sexual organs, although the amount from the latter is usually

more than the former's. Scholars are agreed that it is impure. If it gets on the body, it is obligatory to

wash it off. If it gets on the clothes, it suffices to sprinkle the area with water, as it is very hard to be

completely protected from this impurity, especially for the young, single person. 'Ali said, "I used to

excrete mazhi, so I asked a man to ask the Messenger of Allah, upon whom be peace, about it. I was

shy to do so because of my position with respect to his daughter ('Ali was the Prophet's son-in-law). He

said, 'Make ablution and wash your penis." This is related by al-Bukhari and others. Sahl ibn Hanif said,

"I used to suffer from excessive amounts of mazhi. I used to make lots of ghusl because of it. So I

mentioned this to the Messenger of Allah, upon whom be peace, and he said, 'It is sufficient to take a

handful of water and sprinkle it over your clothes wherever the fluid appears."

The hadith is related by Abu Dawud, Ibn Majah, and at-Tirmizhi. The latter says, "The hadith is hassan

sahih. In the chain is Muhammad ibn Ishaq, who is considered weak when he relates in mu'an'an

(handed-down) form because of his reputation as one who commited tadlis. But in this narration, he

makes it clear that he heard the hadith directly." Al-Athram narrated the same hadith with the wording,

"I was bothered by a great deal of mazhi, so I went to the Prophet, upon whom be peace, and informed

him of this. He said 'It is sufficient for you to take a handful of water and sprinkle it over (the mazhi)."'

Fiqh 1.11: Sperm, Al

Mani

Some scholars say that sperm is impure, but apparently it is pure, for it is only recommended to wash

it off if it is still wet, and to scratch it off if it is dry. Said 'Aishah, "I used to scratch the sperm off the

Messenger of Allah's clothes if it was dry, and wash it off if it was still wet." (This is related by ad-

Daraqutni, Abu 'Awanah and al-Bazzar). It is also related that Ibn 'Abbas said, "I asked the Messenger

of Allah about sperm on clothes. He said, 'It is the same as mucus and spittle. It is sufficient to rub the

area with a rag or cloth."'

The hadith was related by ad-Daraqutni, al-Baihaqi and atTahawi. There is a difference in the narration

over whether it should be in marfu'or mauqoof form.

Fiqh 1.11 a: The urine and stools of animals that are permissible to eat

Both of these are considered impure. Ibn Mas'ud related that the Messenger of Allah, upon whom be

peace, went to answer the call of nature. He asked 'Abdullah ibn Mas'ud to bring three stones. 'Abdullah

said, "I could not find three stones, so I found two stones and animal dung and brought them to him.

He took the two stones and threw away the dung saying, 'It is impure."'

The hadith is related by al-Bukhari, Ibn Majah, and Ibn Khuzaimah. In one narration it states, "It is

impure. It is the stool of a donkey." A little amount of it is pardoned though, as it is very difficult to

completely protect one's self from it. Al-Waleed ibn Muslim says, "I said to al-Auza'i, 'What about the

urine of animals whose meat is not eaten, like the mule, donkey and horse?' He said that they used to

come into contact with these during their battles, and that they did not wash it off their bodies or

clothes. As for the urine and stools of animals whose meat is permissible, Malik, Ahmad and a group of

the Shaifiyyah says that it is pure. Commenting on the subject, Ibn Taimiyyah says, "None of the

companions held that it is impure. In fact, the statement that it is impure is of recent origin and not

from the early generations of the companions."

Said Anas, "A group of people from the tribes of Ukul or 'Uraina came to Madinah and became ill in their

stomach. The Prophet ordered them to get a milking she-camel and drink a mixture of its milk and

urine." This hadith is related by Ahmad, al-Bukhari and Muslim and points to a camel's urine as being

pure. Therefore, by analogy, other permissible animals' urine may also be considered pure. Says Ibn al-

Munzhir, "Those who claim that that was permissible only for those people are incorrect. Specification is

only confirmed by some specific proof." He also says, "The scholars permit, without any objection, the

sale of sheep's stools and the use of camel's urine in their medicine, both in the past and in the

present, again without any objection. This shows that they are considered pure." Says ash-Shaukani,

"Apparently, the urine and stools of every living animal permissible to eat is pure." There is nothing to

prove otherwise.

Fiqh 1.12: Jallalah

Jallalah refers to an animal that eats the waste or flesh of other animals, such as camels, cows, sheep,

chickens, geese, and so on. Ibn 'Abbas reported that the Messenger of Allah forbade the drinking of

such animals' milk.

This hadith is related by "the five," except for Ibn Majah. At-Tirmizhi grades it as sahih. In one

narration it states, "It is also prohibited to ride upon a jallalah. (Related by Abu Dawud.) 'Amr ibn

Shu'aib related on the authority of his father, from his grandfather, that the Messenger of Allah

prohibited the meat of domestic donkeys. As for the jallalah, he prohibited riding or eating

them." (Related by Ahamad, an-Nasa'i and Abu Dawud.) If the jallalah animal is kept away from the

other animals for some time and is given clean food to eat, then it becomes pure and is no longer called

jallalah. If this is the case, it becomes permissible to eat, as the reason for its prohibition was the

change it underwent due to eating filth, a state which would no longer be present.

Fiqh 1.12 a: Alcohol

According to most scholars, alcohol is impure. Says Allah in the Qur'an, "Alcohol, games of chance,

idols and divining arrows are only an infamy of Satan's handiwork." Some scholars say that it is pure,

for they take the meaning of rajis in its abstract sense as describing alcohol and whatever is related to

it. This is not labeled as impure in a definite, sensory way. Says Allah, "Stay away from the impurities

of idols." Idols are impure in the abstract sense, and they are considered impure if one touches them.

The explanation of the preceding verse is that they are a tool of Satan, for they cause enmity and

hatred and keep people away from the remembrance of Allah and pra.yer. In Subul as-Salaam it says,

"Their origin is pure and their being prohibited does not mean that the object itself is impure. For

example, hashish is prohibited but it is pure. But, something impure is not necessarily prohibited. Every

impure thing is prohibited, but not vice-versa. That is because of the ruling that something impure

cannot be touched under any circumstances. If a ruling says that something is impure, it is also

prohibited. This differs from a ruling that something is prohibited. For example, it is forbidden to wear

silk and gold, but they are absolutely pure by consensus." If one understands that, then the prohibition

of alcohol does not necessarily entail its also being considered impure: it needs some other evidence to

prove that it is impure. If not, then we are left with the original position that it is pure. If one claims

other than that, he must substantiate it.

Fiqh 1.13: Purifying the body and clothes

If the clothes or body are contaminated with impurities, it is obligatory to wash them with water until

they are cleansed of the impurities. This is especially the case if the impurity is visible, such as blood. If

there are some stains that remain after washing which would be extremely difficult to remove, they can

be overlooked. If the impurity is not visible, such as urine, it is sufficient to wash it one time. 'Asma

bint Abu Bakr related that a woman came to the Prophet, upon whom be peace, and said, "Our clothes

are contaminated with menstrual blood. What should we do about this?" He said, "Scrape it, rub it with

water, pour water over it and then pray in it." (This is related by al-Bukhari and Muslim) If impurities

get on the lower portion of a woman's dress, it is purified by dust as she trails along. A woman said to

Umm Salamah, "I have a long dress that drags on the ground, even when I walk through places that

contain filth. What should I do about it?" Umm Salamah answered her, "The Messenger of Allah said,

'What comes after it purifies it."' This is related by Ahmad and Abu Dawud.

Fiqh 1.13 a: Dogs

Dogs are considered impure. Any container that a dog has licked must be washed seven times, the first

time with dirt. Abu Hurairah reported that the Messenager of Allah, upon whom be peace, said,

"Purifying a container that a dog has licked is done by washing it seven times, the first washing being

with dirt (that is, water mixed with dirt until it becomes muddy)." This was related by Muslim, Ahmad,

Abu Dawud, and al-Baihaqi. If a dog licks a pot that has dry food in it, what it touched and what

surrounds it must be thrown away. The remainder may be kept, as it is still pure. As for a dog's fur, it is

considered pure.

Fiqh 1.14: Purifying the ground

If there are impurities on the ground, it is purified by pouring water over it. This is proven by Abu

Hurairah's hadith, mentioned earlier, about the bedouin who urinated in the mosque. The Prophet, upon

whom be peace, said all that needed to be done for purification was to pour water over it. Said Abu

Qulabah, "The drying of the ground is its purification." 'Aishah said, "The purification of the ground is its

becoming dry." (Related by Ibn Abi Shaibah.) This, of course, refers to the case where the impurity is a

liquid. If the impurity is a solid, the ground will only become pure by its removal or decay.

Fiqh 1.14 a: Purifying clarified butter and other similar substances

Ibn 'Abbas relates from Maimunah that the Prophet, upon whom be peace, was asked about a mouse

that fell into a pot of clarified butter. He said, "Take (the mouse) and what is around it out, and throw it

away. Then eat (the rest of) your clarified butter." This is related by al-Bukhari.

Commenting on the subject, al-Hafezh Ibn Hajr says, "Ibn 'Abdul Barr reported that there is agreement

that if a dead animal falls into a solid matter, what the dead animal touches and what is around it must

be thrown away, provided that one can make sure that the animal did not touch the remainder. As for a

liquid substance, there is some difference of opinion. The majority say that the entire liquid becomes

impure; az-Zuhri, al-Auza'i, and some others disagree with that opinion.

Fiqh 1.15: Purifying the skin of dead animals

Tanning purifies the skin and the fur of a dead animal. This is based on the hadith of Ibn 'Abbas, in

which the Prophet said, "If the animal's skin is tanned, it is purified." (Related by al-Bukhari and

Muslim.)

Fiqh 1.15 a: Purifying mirrors and similar objects

Mirrors, knives, swords, nails, bones, glass, painted pots and other smooth surfaces that have no pores

are purified by simply wiping them and removing any impure remains. The companions of the Prophet

used to pray while wearing swords smeared with blood, and they used to just wipe the swords to purify

them.

Fiqh 1.15 b: Purifying shoes

Shoes may be purified by rubbing them against the ground, as long as the remains of the impurity are

removed. Abu Hurairah narrated that the Messenger of Allah, upon whom be peace, said, "If one of you

stepped in some filth, the dirt will purify his shoes." Related by Abu Dawud. In another narration it

states, "If one of you steps in some filth with his shoes on, the dirt will purify them." Abu Sa'eed

reported the Prophet, upon whom be peace, saying, "When a person comes to the mosque, he should

look at his shoes. If he finds any filth on them, he should wipe them against the ground and pray in

them." (Related by Ahmad and Abu Dawud.) Since shoes are repeatedly exposed to filth, it is sufficient

just to wipe them against the ground. This is similar to the case of defecation. In fact, it is stronger

than that case, as defecation usually occurs only two or three times a day.

Fiqh 1.15 c: Useful points that are greatly needed concerning purification

Rope used for hanging clothes with impurities on them may afterwards be used for hanging pure

clothes.

If a liquid falls on a person and he does not know if it was water or urine, he need not inquire about it.

If he does inquire, the one who is asked need not answer him even if he knows that the liquid is

impure. In that case, the person need not wash his clothes.

If a person finds something moist on his body or clothes at night, and he does not know what it is, he

need not smell it to discover what it might be. It is related that 'Umar passed by a gutter (and got wet).

'Umar's companion asked the owner of the gutter if the water was pure or impure. 'Umar told the

owner not to answer the question, and went on his way.

Clothes that have street mud on them need not be washed. Reported Kamyal ibn Ziyad, "I saw 'Ali

wading through the mud, after which he entered the mosque and prayed without washing his legs."

If a person finishes his prayer and sees some impurities on his clothes or body of which he was not

previously aware, or he was aware of them but forgot about them, or he did not forget about them but

he was not able to remove them, then his prayer is still valid and he need not repeat it. This opinion is

supported by Allah's statement, "And there is no sin for you in the mistakes you make

unintentionally." (al-Ahzab 5). Many of the companions and those of the following generation gave this

legal verdict.

If a person can not determine what part of his clothes contain the impurity, he should wash the whole

garment. This is based on the axiom, "If an obligation cannot be fulfilled except by performing another

related act, then that act also becomes obligatory."

If a person mixes his pure clothes with his impure clothes (and gets confused between them), he

should investigate the matter and pray once in one of the clothes. This is similar to the question of the

exact direction of the qiblah. It does not matter if the proportion of pure clothes was large or small.

Fiqh 1.16: It is not proper for one to carry something that has Allah's name upon it while he

is going to the bathroom

It is not proper for one to carry something that has Allah's name upon it (unless he is afraid of losing it

or having it stolen), while he is going to the bathrom. Anas related that the Messenger of Allah, upon

whom be peace, had a ring engraved with Muhammad Rasool-ullah, (Muhammad the Messenger of

Allah), which he would remove when he went to the bathroom. Ibn Hajr says that this hadith is malul (a

type of weak hadith having a defect) and Abu Dawud says it is m unkar, (singularly related by people

who are not trustworthy). The first portion of the hadith is authentic, however.

Fiqh 1.17: He should move and hide himself from others while going to the bathroom

This is especially true in the case of defecation, so others can not hear noxious sounds or smell bad

odors. Said Jabir, "We were journeying with the Messenger of Allah, upon whom be peace, and he

would only relieve himself when he was out of sight." (This is related by Ibn Majah.) Abu Dawud

records that, "When he wanted to relieve himself, he would go where no one could see him." He also

related, "When the Messenger of Allah, upon whom be peace, went out he would go very far away."

Fiqh 1.17 a: One should mention the name of Allah and seek refuge in Him when entering

the privy or removing his clothes to relieve himself

Anas reported that when the Messenger of Allah, upon whom be peace, entered the privy he would say,

"In the name of Allah. O Allah! I seek refuge in you from male and female noxious beings (devils)." This

is related by "the group."

Fiqh 1.17 b: One should not talk when going to the bathroom

One should not respond to a greeting or repeat what the caller to prayer is saying. He may speak if

there is some necessity (i.e., to guide a blind man who fears he may be harmed). If he sneezes, he

should praise Allah to himself and simply move his lips (without making a sound). Ibn 'Umar related

that a man passed by the Prophet, upon whom be peace, and greeted him while he (the Prophet) was

urinating. The Prophet did not return his greeting. (This is related by "the group," except for al-

Bukhari.) Abu Sa'eed reported that he heard the Messenger of Allah, upon whom be peace, say, "Isn't it

true that Allah detests those who converse while they relieve themselves?" This was related by Ahmad,

Abu Dawud and Ibn Majah.

This hadith seems to support the position that it is forbidden to talk. Many scholars, however, say that

it is only disliked, not forbidden.

Fiqh 1.18: One should neither face nor turn his back on the qiblah while relieving himself

Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said, "When one of you

relieves himself, he should neither face the qiblah nor turn his back on it." This was related by Ahmad

and Muslim.

The prohibition implies that it is only disliked. As Ibn 'Umar related that he once went to Hafsah's

home, where he saw the Messenger of Allah relieving himself while facing Syria with his back to the

Ka'bah. This is related by "the group." Some reconciliate these hadith by saying that in the desert it is

forbidden to face or turn one's back on the Ka'bah, while it is permitted in buildings. Said Marwan al-

Asghar, "I saw 'Umar sitting on his she-camel and facing the qiblah while urinating. I said, 'O father of

'Abdurahman ... is this not forbidden?' He said, 'Certainly not ... This has been prohibited only in open

areas. If there is a barricade (or separator) between you and the qiblah, there is nothing wrong with it."

Islam the Religion of Peace

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Monday 4 September 2017

HAPPY SALLAH

Saturday 2 September 2017

Water (for Purification)

Eid al-Adha 2017 and 2018

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