Thursday, January 14, 2010

Ablution Day 1: Taste of Fiqh Us Sunnah - Sh. Jamaal Zarabozo

Day 1 : Page 25 of Fiqh-Us-Sunnah text book vol 1.

Ablution:

Prophet (ءليه سلام) said "The prayer is not accepted without purification". There are 2 forms of such purification.
  1. Purification by using Water
  2. Purification by using dirt

Purification with water has 2 types.
  1. Wudhu
  2. Ghusl

Wudhu is well established in the Islamic Law. Sayed Sabiq in his book page #25 under Ablution presents 3 major sources and he is touching base on some of the evidences.

(i) Quran : He presents the Ayah

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا قُمْتُمْ إِلَى الصَّلَاةِ فَاغْسِلُوا وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ وَامْسَحُوا بِرُءُوسِكُمْ وَأَرْجُلَكُمْ إِلَى الْكَعْبَيْنِ

"O you who have believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles" [Al-Maidah : 6]

(ii) Sunnah : He present the Hadees

Abu Hurairah reported that the Messenger of Allah
(ءليه سلام) said "Allah does not accept the prayer of one who nullified his ablution until he performs it again." (Related by al-Bukhari, Muslim, Abu Dawud and at-Tirmidhi)

(iii) Ijmaa3 - Concenses

Lexical Definition of Wudhu: (not covered in the text book)

The word Wudhu (
وضوء) lexically speaking comes from Al-Wadaaha which means goodness , cleanliness and brightness. Part of the lexical meaning is cleanliness i.e An-nadafa

Wudhu with dhamma over waaw (و) this is means actual action of making Wudhu.
Wadhu with fatha over waaw (و) this refers to the water that is used to make Wudhu.

Technical Definition of Wudhu:

The definition should fall under Jami3 wa mani3 (جامع و مانع) i.e. explanation of everything that falls under that category and everything which doesnt fall under that category. Different Madhabs have different defintion for Wudhu. The definition will show the reflection of their opinion about the act.

Hanafi Definition :

One definition: Al-Wudhu is the washing and wiping over the specific bodily parts.
Second definition: Al-Wudhu is washing of the 3 limbs and wiping over the one quarter of the head.

Maliki Definition :

Act of purification by water that is related to specific bodily parts and done in specific manner.

Shafiee Definition :

It is the use of water on specific bodily parts begin with the intention.

Hanbali Definition :

It is the use of purifying water on four bodily parts in the manner describes in the Shariah and done in the proper order.

If you look at these definition by different Madhabs it is clear that the definition are based on the conceptualization of Wudhu that each Madhab has.
  • Some of them mention the word niyyah i.e, intention because they think this is one of the Arqaan of the Wudhu.
  • For instance, if you at Hanafi Opinion Intention i.e. Niyyah is not mention in the definition as it is Sunnah for them.
  • Some of them mentioned it has to be done in specific manner except for Hanafi as for Shafi'ee it is defined and known.
  • The importance of the order is one of the other aspect which is defined by all other than Hanafi

Thus the conceptualization what each Madhab has is clear in the definition they have.

Looking at the how Syed Sabiq started the section i.e "Ablution means to wash one's face, hands, arms, head and feet with water" he doesn't explicitly say that this is his definition of Wudhu, but atleast in the way he is defined it is clearly leaning to the Hanafi definition.

(Start of Juicy part not part of the text as well )

What if some one rejects the idea of making Wudhu and what is the ruling if someone does claim this ?
  • This is act of Kufr and this is known by necessity and this is part of the Deen.
  • If someone rejects making the wudu for salath then this is act of Kufr. This refers only to Wudhu for Salath not for any other act of worship like reading Quran.

What if someone intentionally prays without making Wudhu ?
  • Hanafis: Anyone who belittles the deen such as intentionally praying without wudhu this is person is committing kufr.
  • Malikis: The one who does this should be executed like the one who does not pray. In Maliki case it is not clear i they consider Hadd or Kufr
  • Shafi'ee: It he does this intentionally then he should be asked to make tawbah and if he does not make tawbah then he should he executed as Hadd punishment not kufr.
  • Hanbalis: Many of them say it as act of Kufr.

Note: When talking about capital punishment, these law exists it to make people realize the magnitude of the act what they do.

There is a difference between execution while in the state of kufr and not being kufr like issue related to inheritance and marriage. If we say this person should be executed as Hadd they are saying that it does not make him out of the religion but the sin is so great that the penalty is stil the death.

What is the ruling on the Wudhu is it Wajib / Shuroooth/ Musthabb/ Makroo3 / Mubaah ?

The ruling is based on the situation.

When it is haram ?
  • When it causes you injury i.e. there is danger of death or serious illness because of making Wudhu.
  • If someone steals water from somebody else in order to make Wudhu. Some scholars differ on this etc.,

When it is Wajib ?
  • It is wajib on the person not in the state of impurity and intended to make Salath etc.,

When it is Mustahabb ?
  • Making Wudhu while going to sleep.
  • Wudhu while making Dhikr
  • Among the Ulema making Wudhu before giving the 'ilm etc.,

When it is Makroo3 ?
  • When it causes you to miss the prayer when you already have Wudhu.
  • Some Scholars say one who repeats his Wudhu over and over again before making the act of worship. Because this can lead to waswasa and also it is case of Israaf etc.,

When it is Mubaah ?
  • Difficult to think of the case where it is Mubaah as act of worship.

When was Wudhu Made Obligatory:

If we look at the verse in Surah Maidah, we know that this surah was revealed in Madinah. So when was this act obligatory.
  • There is a story that Jibreel taught Prophet (ءليه سلام) on how to make Wudhu.

Ibn Hajar commenting on this said that compiler of the seerah agree with this story. From the Isnad aspect there is some weakness in this. So there is no strong evidence to this.
  • Ibn Hazm says Wudhu was not obligatory untill Madinan period.
  • Others say that it was mae obligatory in Madinah but it was Sunnah in Mekkah.
  • Most of the Scholars feel that the Salath wouldnt be valid without Wudhu from the beginning but to proove this point there is no evidence.

Is this concept of Wudhu only for the Ummah of Prophet Muhammad (ءليه سلام) ?

There are authentic hadees that Prophet Ibrahim (ءليه سلام) made Wudhu and also there is authentic hadees that one of the worshiper of Allah (سبحانه و تعال) of previous nation making Wudhu. It is clear that the previous umoom this concept was present. This does not proove that Prophet (ءليه سلام) made Wudhu in Mekkan stage even if the previous Ummah did Wudhu.

Hadeeth (i)

'Abdullah ibn as-Sunnabiji stated that the Messenger of Allah said, "When a slave makes ablution and rinses his mouth, his wrong deeds fall from it. As he rinses his nose, his wrong deeds fall from it. When he washes his face, his wrong deeds fall from it until they fall from beneath his eyelashes. When he washes his hands, his wrong deeds fall from them until they fall from beneath his fingernails. When he wipes his head, his wrong deeds fall from it until they fall from his ears. When he washes his feet, his wrong deeds fall from them until they fall from beneath his toenails. Then his walking to the mosque and his prayer give him extra reward." (Related by Malik, an-Nasa'i, Ibn Majah and al-Hakim.)
  • According to Al-Albani this is saheeh
  • There are many Ahadeeths of this nature and many of them excludes the Kabaair i.e. the Major sins and when we come to this kind of hadees then it known that this is referring to only minor sins.

Hadeeth (ii)

Anas reported that the Messenger of Allah said, "If good characteristics exist in a person, Allah makes all of his acts good. If a person purifies himself for prayer, he expiates all of his sins and his prayer is considered an extra reward for him." (Related by Abu Ya'la, al-Bazzar and at-Tabarani in al-Ausat.)
  • This hadees Al-Albani and before him Ibn 3aadi, Ibn Hibban says this is munkar i.e. rejected.

Hadeeth (iii)

Abu Hurairah reported that the Messenger of Allah said, "'Shall I inform you (of an act) by which Allah erases sins and raises degrees?" They said, "Certainly, O Messenger of Allah." He said, "Perfecting the ablution under difficult circumstances, taking many steps to the mosque, and waiting for the (next) prayer after the (last) prayer has been performed. That is ribat. (Related by Malik, Muslim, at-Tirmizhi and an-Nasa'i.)
  • Here Prophet (ءليه سلام) is describing this as إِسْبَاغُ "Isbaagh" i.e making something complete and prefect
  • عَلَى الْمَكَارِهِ 'alal Makaarih i.e. under difficut condition. What does this expression mean is that situation when it is uncomfortable to make Wudhu. If is important that this hadees in no way implies that you are going to seek any kind of hardship in intention of getting reward from Allah (سبحانه و تعال) and there is too much hardship then there is no need to make Wudhu in such cases.

Hadeeth (iv)

Abu Hurairah also reported that the Messenger of Allah, upon whom be peace, passed by a grave site and said, "Peace be upon you, O home of believing people. Allah willing, we shall meet you soon, although I wish I could see my brothers." They asked, "Are we not your brothers, O Messenger of Allah?" He said, "You are my companions. My brothers are the ones who will come after (us)." They said, "How will you know the people of our nation who will come after you, O Messenger of Allah?" He said, "If a man has a group of horses with white forelocks amidst a group of horses with black forelocks, will he recognize his horses?" They said, "Certainly, O Messenger of Allah." He said, "They (my brothers) will come with white streaks from their ablutions, and I will receive them at my cistern. But there will be some who will be driven away from my cistern as a stray camel is driven away. I will call them to come. It will be said, 'They changed matters after you,' then I will say, 'Be off, be off."' (Related by Muslim.)
  • Prophet (ءليه سلام) used term "غُرّ مُحجّلين" Ghurran Muhajjaleen which means dark horses that has white stripes on its head.
  • مُحجّلين muhajjaleen is also means that three of the hooves of the horse has white stripes.
  • This hadeeth highlights the aspect which is unique to this ummah to recognize us and to distinguish form other nation and this is not as the result of Making Wudu.

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