MUQADDIMAH BY IBN QUDAMAH
الحمدُ للهِ أهلِ الحَمدِ ومستحقه، حمداً يفضلُ على كُلِّ حمدٍ كفضلِ اللهِ على خَلقِهِ.
وأشهدُ أنْ لا إلهَ إلا اللهُ، وحَدهُ لا شَريكَ لهُ، شهادةَ قائمٍ للهِ بحقِّه، وأشهدُ أنَّ مُمَّداً عَبدُه ورَسُولهُ، غير مرتابٍ ف صدقهِ، صلَّى اللهُ عليهِ وعلى آلهِ وصحبهِِ وسلَّم ما جادَ سحابٌ بوَدقه، وما رَعدَ بعدَ برقِه
“Praise be to Allah, the One who truly deserves to be praised. The praise which is favored over all other praises, just as Allaah is favored over His creation. I bear witness, fulfilling His Right, that there is no one worthy of worship but Allah alone who has no partner. I also bear witness, without doubting the truthfulness of Muhammed, that he is His servant and His Messenger. May Allaah’s peace be upon him, his family and his companions, for as long as clouds rain and the lightening thunders.
To proceed: This is a book pertaining to the rulings of Fiqh, which I abridged wherever possible, and confined it to one opinion, so that it serves as a foundation for the reader, and that the correct opinion is not mixed up with the various Wujooh and Riwaayaat (opinions and narrations).
Some of our brothers (scholars) asked us to summarize it, so that it becomes simple to understand for the learners, and easy to memorize for the students. Thus, I responded to that, relying upon Allah subhaanahu wa ta’ala, in purifying my intention in seeking His Face and His aid in reaching His great pleasure. He is sufficient for us, the best Disposer of affairs. I also mentioned authentic ahaadeeth, seeking their blessings and depending on them, which I chose from authentic collections, so that I wouldn’t need to reference them to various collections.”
Sheikh Bilal Ismail explains, “Imam Ibn Qudamah went to Baghdad where he read Mukhtasr Al-Khiraqi with Sheikh `Abd Al-Qadir Al-Geelani; it was a book he had already memorized in Damascus, and this was an intensive and precise reading. Sheikh Abd Al-Qadir then passed away, so Al-Muwaffaq took from a few others sheikhs and then returned to Damascus. There he began to teach and author works in various disciplines. He passed away on `Eid Al-Fitr 620 AH, and was buried above the Jami`a Al-Hanabilah in Salihiya. May Allah have mercy upon him.”
Sheikh Musa Furber writes, “The great Hanbali scholar Imam Muwaffiq Al-Din Ibn Qudammah Al-Maqdisi developed a program taking students from the very beginning of their studies to the very end: from having no specialized knowledge in the fiqh to being a mujtahid. His program consisted of a series of books, moving the student toward the grand goal in stages.
- The first book is Al-`Umdah, a basic manual of fiqh for beginners. It covers the basic rulings that every Hanbali needs. The book gave only the predominant opinion for each position. While Al-Muwaffiq did not concentrate on evidence, he did tend to begin each section with a hadith that the student can use for figuring out many of the unmentioned branch issues.
- The second book is Al-Muqni`, which added to the above by mentioning different opinions for a given issue without telling the student which is the predominant opinion, and by adding some additional branch issues.
- The third book is Al-Kafi, which introduces evidence for the positions in the madhab.
- The fourth book is Raudhat Al-Nathir, a book in usul al-fiqh. It is a condensed version of Imam Al-Ghazali’s Al-Mustasfa, but instead of championing the Shafi`i usul it champions the Hanbali.
- The fifth and final book is Al-Mughni, which builds on the previous works by adding opinions from the other mathabs from the Companions and early Imams (Allah be well pleased with them) whether still followed or extinct, the opinions within the mathab with a particular emphasis on what is transmitted from the Imam, the evidence for all of these various positions, and then a defense of the predominant position in Ibn Qudammah’s opinion. The book is also full of minute branch issues.
So, this was the program that Al-Muwaffiq set down, and these are some of the many books he authored. In today’s circumstances it is very easy to scoff at his a program and consider it far fetched, but it did indeed produce a good number of Hanbali mujtahids, and his final book Al-Mughni has been praised by Hanbalis and non-Hanbalis alike; it an Imam Al-Nawawi’s Al-Majmu`a are two of the more essential books of fiqh muqarin. The Shafi`i mujtahid imam Al-`Izz bin `Abd Al-Salam held back from giving verdicts until obtaining a copy of Al-Mughni.”
In this book Umdatul Fiqh, the author has limited himself to only a single opinion instead of going into the various differences mentioned by latter day scholars after Imam Ahmad, so that this book can be relied upon and benefited from. The Sheikh mentions only the primary postion of the Hanbali madhab on every topic.
Sheikh Mashhoor al-Suhaibi explains, “This text, Umdatul Fiqh was penned as a response by Imam Ibn Qudamah to a request from students for a brief manual on Fiqh for beginners. It is meant to be extremely concise with a few proofs mentioned in each chapter from which the student could derive what is needed.
كتاب الطهارة
باب أحكام المياه
Sheikh Bilal Ismail explains, “Isn’t Salah the most important aspect? Majority of the scholars except for the Malikis begin their book with purification because purification is the key to salah. Without it, one cannot enter into salah.
As for the Malikis they give preference to the time of the salah over that of purification. If a person was to get up in a state of janabah and the time for Fajr is running out, majority of the ulema will ask him to do ghusl first and then pray. The Malikis say that it is the time of the salah which is of utmost importance and condition of salah. Imam Malik in his Muwatta placed the chapter pertaining to the times of salah before purification.
Impurities are basically of 2 types:
1. Hadath
2. Khabath
Hadath is of 2 types:
a. Hadath al-Asghar: This is a state of impurity which requires taking wudhu. Ex: Passing wind, urinating etc
b. Hadath al-Akbar: This is a state of impurity which isn’t alleviated just by wudhu but necessitates ghusl. Ex: Menstruation, ejaculation etc. Khabath is the physical impurity itself. Ex: Faeces.”
خُلِقَ الماء طهوراً، يُطهِّر من الأحداث والنجاسات، فلا تحصل الطهارة بمائع غيره
Sheikh Bilal Ismail explains, “Water has been created pure. It purifies from ahdaath (states of impurity) and najasaath (urine etc). Purification, whether it be for hadath or najas cannot be achieved by any other substance except for water.
Allah mentions in the Quran:
إِذْ يُغَشِّيكُمُ النُّعَاسَ أَمَنَةً مِّنْهُ وَيُنَزِّلُ عَلَيْكُم مِّنَ السَّمَاءِ مَاءً لِّيُطَهِّرَكُم بِهِ وَيُذْهِبَ عَنكُمْ رِجْزَ الشَّيْطَانِ وَلِيَرْبِطَ عَلَىٰ قُلُوبِكُمْ وَيُثَبِّتَ بِهِ الْأَقْدَامَ
[Remember] when He overwhelmed you with drowsiness [giving] security from Him and sent down upon you from the sky, rain by which to purify you and remove from you the evil [suggestions] of Satan and to make steadfast your hearts and plant firmly thereby your feet. [Surah al-Anfal, Ayah 11]
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا قُمْتُمْ إِلَى الصَّلَاةِ فَاغْسِلُوا وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ وَامْسَحُوا بِرُءُوسِكُمْ وَأَرْجُلَكُمْ إِلَى الْكَعْبَيْنِ وَإِن كُنتُمْ جُنُبًا فَاطَّهَّرُوا وَإِن كُنتُم مَّرْضَىٰ أَوْ عَلَىٰ سَفَرٍ أَوْ جَاءَ أَحَدٌ مِّنكُم مِّنَ الْغَائِطِ أَوْ لَامَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا صَعِيدًا طَيِّبًا فَامْسَحُوا بِوُجُوهِكُمْ وَأَيْدِيكُم مِّنْهُ مَا يُرِيدُ اللَّهُ لِيَجْعَلَ عَلَيْكُم مِّنْ حَرَجٍ وَلَٰكِن يُرِيدُ لِيُطَهِّرَكُمْ وَلِيُتِمَّ نِعْمَتَهُ عَلَيْكُمْ لَعَلَّكُمْ تَشْكُرُونَ
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. And if you are in a state of janabah, then purify yourselves. But if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and do not find water, then seek clean earth and wipe over your faces and hands with it. Allah does not intend to make difficulty for you, but He intends to purify you and complete His favor upon you that you may be grateful. [Surah al-Maidah, Ayah 6]
From “فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا ” we see the obligation of using water and only when it is not available is the concession for tayammum allowed for doing wudhu and ghusl. There is a consensus on this matter.
As for najasa, like urine on the clothes etc, then this cannot be achieved without water. This is the primary position of the Hanabila. As per the Hanafis, Imam Ibn Taymiyyah and a second narration from Imam Ahmad, purification of this type of impurity can be removed using any other substance also as long as the eye of the filth is removed. Meaning that all traces (sight, smell etc) of the impurity are completely removed.
The proof of this being that the Shariah has allowed us to do Istijmar – using stones and its likes like tissues to clean ourselves from najjasa. Just doing Istijmar without Istinja is allowed, which indicates that water alone is not the only agent through which purification can be achieved for cleansing such impurities.
Another example is that if the tail of a female’s garment is stained (with an impurity), it is enough for her to continue walking over a clean place; which thereby purifies the garment. Likewise with dry cleaning clothes with najjis on them etc.
Abdur-Rahman bin Awf’s Umm Walad said: “I said to Umm Salamah: ‘Indeed I am a woman with lengthy hems, and I walk in places of filth.’ So she said: ‘Allah’s Messenger said:
يُطَهِّرُهُ مَا بَعْدَهُ
“It is purified by what comes after it (clean soil).” [Jami’ at-Tirmidhi]”
Sheikh Mashhoor explains, “Water was created pure and this is something known by the consensus of the scholars. Water which is pure is that which maintains or retains the nature in which it was created.
وَهُوَ الَّذِي أَرْسَلَ الرِّيَاحَ بُشْرًا بَيْنَ يَدَيْ رَحْمَتِهِ وَأَنزَلْنَا مِنَ السَّمَاءِ مَاءً طَهُورًا
And it is He who sends the winds as good tidings before His mercy, and We send down from the sky pure water. [Surah al-Furqan, Ayah 48]
Tahur water purifies from spiritual impurities (hadath) as well as physical impurities (khabath). A person in such a state cannot do acts of worship until they are removed.
The purification according to the madhab and the majority will not happen unless it is by the means of Water. Allah mentions in the Quran:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا قُمْتُمْ إِلَى الصَّلَاةِ فَاغْسِلُوا وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ وَامْسَحُوا بِرُءُوسِكُمْ وَأَرْجُلَكُمْ إِلَى الْكَعْبَيْنِ وَإِن كُنتُمْ جُنُبًا فَاطَّهَّرُوا وَإِن كُنتُم مَّرْضَىٰ أَوْ عَلَىٰ سَفَرٍ أَوْ جَاءَ أَحَدٌ مِّنكُم مِّنَ الْغَائِطِ أَوْ لَامَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا صَعِيدًا طَيِّبًا فَامْسَحُوا بِوُجُوهِكُمْ وَأَيْدِيكُم مِّنْهُ مَا يُرِيدُ اللَّهُ لِيَجْعَلَ عَلَيْكُم مِّنْ حَرَجٍ وَلَٰكِن يُرِيدُ لِيُطَهِّرَكُمْ وَلِيُتِمَّ نِعْمَتَهُ عَلَيْكُمْ لَعَلَّكُمْ تَشْكُرُونَ
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. And if you are in a state of janabah, then purify yourselves. But if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and do not find water, then seek clean earth and wipe over your faces and hands with it. Allah does not intend to make difficulty for you, but He intends to purify you and complete His favor upon you that you may be grateful. [Surah al-Ma’idah, Ayah 6]
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْرَبُوا الصَّلَاةَ وَأَنتُمْ سُكَارَىٰ حَتَّىٰ تَعْلَمُوا مَا تَقُولُونَ وَلَا جُنُبًا إِلَّا عَابِرِي سَبِيلٍ حَتَّىٰ تَغْتَسِلُوا وَإِن كُنتُم مَّرْضَىٰ أَوْ عَلَىٰ سَفَرٍ أَوْ جَاءَ أَحَدٌ مِّنكُم مِّنَ الْغَائِطِ أَوْ لَامَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا صَعِيدًا طَيِّبًا فَامْسَحُوا بِوُجُوهِكُمْ وَأَيْدِيكُمْ إِنَّ اللَّهَ كَانَ عَفُوًّا غَفُورًا
O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying or in a state of janabah, except those passing through [a place of prayer], until you have washed [your whole body]. And if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and find no water, then seek clean earth and wipe over your faces and your hands [with it]. Indeed, Allah is ever Pardoning and Forgiving. [Surah an-Nisa, Ayah 43]
If anything else would purify, then surely Allah would have mentioned it before moving on to purification using clean earth.
Other scholars opine that other fluids can be used as long as the eye of the impurity is removed for that is the essence intended by the Shariah. Likewise detergents used today which don’t require water to clean an object are used. This is fine as it fulfills the requirement of uplifting the physical impurity. But as for the madhab, only water is allowed to purify and nothing else can replace it.”
فإذا بلغ الماء قلتين، أو كان جارياً لم ينجسه شء، إلا ما غَيَّر لونه أو طعمه أو ريه، وما عدا ذلك ينجس بمخالطة النجاسة.
والقلتان ما قارب مئة وثمانية أرطال بالدمشقي.
Sheikh Bilal Ismail explains, “When water reaches 2 Qullah (Qullatain) or it is flowing water, then nothing can render it impure except what changes its taste, colour or smell. If the water is less than this measurement, then coming in contact with any impurity would render it impure (najjis).
Qullatain = 108 Damascian Pounds.
If the water is less in quantity adn this means less than qullatain, then even if a drop of urine falls into it, it renders the water impure (najjis) and this water cannot be used for purification.
Narrated Narrated Abu Sa’id al-Khudri: Allah’s Messenger ﷺ said:
إِنَّ اَلْمَاءَ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ
“Water is pure and nothing can make it impure”. [Ath-Thalatha and Ahmad who graded it Sahih]
And Al-Baihaqi reported:
اَلْمَاءُ طَاهِرٌ إِلَّا إِنْ تَغَيَّرَ رِيحُهُ, أَوْ طَعْمُهُ, أَوْ لَوْنُهُ; بِنَجَاسَةٍ تَحْدُثُ فِيهِ
“Water is pure unless any impure thing is added which changes its smell, taste and colour”.
Ibn Umar narrated: “I heard Allah’s Messenger while he was being asked about water in open areas of the land, and predators and beasts come to it.” He said: ‘So Allah’s Messenger said:
إِذَا كَانَ الْمَاءُ قُلَّتَيْنِ لَمْ يَحْمِلِ الْخَبَثَ
‘When the water is two Qullah it does not carry filth.'” [Jami’ at-Tirmidhi]
Be it 1 Million litres or 1 litre of water, if it changes its taste, colour or smell, then by consensus (ijma) of the scholars, this water is impure. There is consensus on this matter.
Scholars have differed over the exact measurement of qullatain. Some have opined it to be ranging from 158 litres, 190 litres, 270 litres and 307 litres.
The scholars based on the hadith, “When the water is two Qullah it does not carry filth” usng mafhum al-mukhalafah came to the conclusion that anything less than this can be rendered impure, even if it is by something as small as a drop of urine. This is the position of the Hanbali madhab and the majority of the scholars. On the other hands, the Malikiyyah, Imam Ibn Taymiyyah, a second narration from Imam Ahmed, Sheikh Ibn Baz, Sheikh Ibn al-Uthaymeen etc opine that there is no difference regarding the amounts of water.
They base their opinion on the hadith where Abu Sa’eed AI-Khudri narrated:
“It was said, ‘O Allah’s Messenger! Shall we use the water of Buda’ah well to perform ablution while it is a well in which menstruation rags, flesh of dogs and the putrid are dumped?” Allah’s Messenger said:
إِنَّ الْمَاءَ طَهُورٌ لاَ يُنَجِّسُهُ شَيْءٌ
‘Indeed water is pure, nothing makes it impure.'” [Jami’ at-Tirmidhi]
This is the general rule regarding water which we stick to unless we have an ijma. The ijma is only on that which renders the water impure by changing the taste, smell or colour or when water ceases to be called water. Ex: Adding a tea bag into little water or a liter of orange juice into 2 liters of water. Such is not najis but it cannot be used for taharah purposes.
(Mafhum al-Mukhalafah which is a meaning which is derived from the words of the text in such a way that it diverges from the explicit meaning. Mukhalafah means opposite, divergent, different, inconsistent or contradictory.
Imam Shafi’ defines Mafhum al- Mukhalafah as an implicit meaning which indicates that the ruling of the unpronounced is opposite to the ruling of the pronounced. The Ahnaaf don’t agree to Mafhum al-Mukhalafah (مفهوم المخالفة))
Sheikh Bilal continues explaining that as for regarding the hadith of Qullatain then:
1. There is discussion regarding the authenticity of it.
2. The scholars differ greatly over what exactly the exact value is. Some say that it is the qullah of the people of Madinah while others opine that it is the qullah of the people of Hajar. The Shariah wouldn’t give such a high variance of quantities for a measurement that is very much needed to be known and fixed.
3. The Prophet didn’t speak about less than qullatain and the scolars have derived that based on qiyas on a hadith. We stick to the available text of the hadith of the well which tells us that water is pure until proven otherwise.
Sheikh Mashhoor explains that, “If the water reaches a specific quantity of qullatain, it cannot become impure. This ‘qullatain’ may vary from area to area. In Damascus it is 108 pounds or 500 pounds in Iraqi measurements. In another mode of measurement it is one and a quarter cube of a Dira’a. A Dira’a is measured from the tip of the middle finger to the elbow. This is roughly about 190 liters of water.
So if the water is 190 liters or more or it is running water, then the water won’t become najjis (impure) if an impurity falls into it. The condition to it is that as long as one of the 3 primary characteristics of smell, colour and taste of the water doesn’t change, it is considered to be pure. Such a water can be used to remove spiritual impurity (by means of wudhu or ghusl) as well as physical impurities.
If impurity falls into water that is qullatain in measurement or more and it changes in any of the 3 primary characteristics, then it is deemed impure.
Whatever is less than the measurement of qullatain and impurity falls into it then as per the madhab, even if it doesn’t change any of the 3 primary characteristics of smell, taste and colour, the water is deemed impure.”
وإن طُبخ ف الماء ما ليس بطهور، أو خالطه فغلب على اسمه، أو استُعْمل ف رفع حدثٍ سلب طهوريته .
Sheikh Bilal Ismail explains, “If something that was pure but not purifying was cooked in the water (like carrots in water), then water loses its purifying characteristics and cannot be used for purification. Or if it was mixed with water and it prevailed (overpowers) in its name. Ex: Teabag in water makes it into tea.
If water has been used for purification, then as per Ibn Qudamah this water cannot be used for purification for it has lost its characteristic of purification.
If something pure is cooked in water, but the characteristics (colour, taste and smell) of water haven’t changed then this water can be used for purification. Why? The answer is why not. General rule is that water is pure unless proven otherwise.
Likewise for the water dripping from that of a persons ablution.
Water can be divided into 2 types:
a. Tahur (pure) – The water is pure and it is purifying. Ex: Water of the oceans, rivers, water of wudhu, water in which carrots were cooked as long as its characteristics are maintained.
b. Najis (impure) – When water changes in its colour, taste or smell when coming in contact with something that is pure.
As per the Hanabilah, there is a third category of water and that is what Ibn Qudamah is referring to above.
c. Tahir – This water is pure but it is not purifying and cannot be used for purification. Ex: Water in which the carrots were cooked or the water of wudhu dripping from a person.
وإذا شك ف طهارة الماء أو غيره أو نجاسته بنى على اليقين، وإن خفي موضع النجاسة من الثوب أو غيره غسل ما تيقن به غسلها، وإن اشتبه ماء طهور بنجس، ولم يد غيرها تيمم وتركهما، وإن اشتبه طهور بطاهر توضأ من كل واحد منهما، وإن اشتبهت ثياب طاهرة بنجسة صلى ف كل ثوب بعدد النجس، وزاد صلاة .
Sheikh Bilal Ismail explains, “If a person has doubts regarding a matter (like purity of water) then he should base his decision on certainity and throw away the doubt.
An important qaidah is:
اليقين لا يزول بالشك
Certainty is not removed by doubt.
Narrated Abu Huraira: Allah’s Messenger ﷺ said:
إِذَا وَجَدَ أَحَدُكُمْ فِي بَطْنِهِ شَيْئًا, فَأَشْكَلَ عَلَيْهِ: أَخَرَجَ مِنْهُ شَيْءٌ, أَمْ لَا? فَلَا يَخْرُجَنَّ مِنْ اَلْمَسْجِدِ حَتَّى يَسْمَعَ صَوْتًا, أَوْ يَجِدَ رِيحًا
“If one of you feels disturbance in his stomach and doubts whether he has released some wind or not, then he should not leave the mosque unless he hears its sound or smells (its) odour”. [Muslim].
If the impurity is hidden or obscured on a persons garment then he should wash it to an extent till he is certain that the impurity has been removed and that the garment is now pure.
If there is doubt regarding a matter and certainity cannot be established, then its better to stay away from both the options.
If a person has only 2 jugs of water and knows that one water is pure and the other is impure but doesn’t know which is which then he is to leave both the jugs and do tayammum. He is considered as one who doesn’t have water.
If a person has only 2 jugs of water and knows that one water is tahur and the other is tahir but doesn’t know which is which then as per the Hanabilah, he takes one scoop from one jug and another from the other jug while making his wudhu. One of the water has to be purifying to have completed the wudhu.
If a person has doubts regarding the purity of his garments where one could be clean and the pther impure, then a person should pray in them equal to the number of unclean garments plus one. Each prayer should be performed in a different garment.
Ex: If a person has 5 garments and out of which 4 are impure but one is pure. He is doubftul regarding which is which, then he prays in all of the garments one by one for definitely a person will pray once in a garment that is pure.
But if a person has 20 garments then praying 21 times is really difficult. To such a person we say that they should investigate to the best of their abilities and pray in that which they think is clean.
This is based on the ayah:
لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا لَهَا مَا كَسَبَتْ وَعَلَيْهَا مَا اكْتَسَبَتْ
Allah does not charge a soul except [with that within] its capacity. It will have [the consequence of] what [good] it has gained, and it will bear [the consequence of] what [evil] it has earned. [Surah al-Baqarah, Ayah 286]”
Sheikh Mashhoor explains, “If one cooks in the water something, which is tahir (pure – such as meat) then this water also becomes tahir and cannot be used for removing spiritual and physical impurities. Based on this, anything which is put in water which changes any of the 3 primary characteristics or it can no longer be called water, then this cannot be used for removing spiritual and physical impurities.
If the water was used for making wudhu or ghusl and the water of that was collected to be reused then as per the madhab this water cannot be used for purification as this water is no longer tahur, but only tahir now. It has lost its ability to purify.
Always return to that which is primary, established and sure rather than that which is doubtful and uncertain. This qaidah is derived from the Sunnah. On the authority of Abu Muhammad al-Hasan ibn Ali ibn Abi Talib رضى الله عنه, the grandson of the Messenger of Allah ﷺ, and the one much loved by him, who said:
I memorized from the Messenger of Allah ﷺ:
دَعْ مَا يُرِيبُك إلَى مَا لَا يُرِيبُك
“Leave that which makes you doubt for that which does not make you doubt.” [at-Tirmidhi and an-Nasai]
Ex: If you are sure that the bucket of water is pure but you doubt that some impurity must have fallen into it then such a doubt shouldn’t be paid any attention to. Stick and adhere to that which is certain and use the water.
If a person doubts which of his clothes the impurity has touched then he should wash them till he is certain that no impurities remain.
If a person has only two containers of water available where one of them is tahur (pure and purifying) while the other is najjis (impure) and the person doesn’t know which is which; then the person should avoid using both and resort to tayammum. It is as though the person doesn’t have any water.
If a person has only two containers of water available where one of them is tahur (pure and purifying) while the other is tahir (pure) and the person doesn’t know which is which; then the person should wash the limbs once with water from one bucket and another time the same limb with water from the other bucket. By this a degree of certainty is guaranteed that a person must have used tahur water atleast once in his purification.
If a person is confused about which of his clothes an impurity fell on (and there is no means of purifying them), and there might be one that is pure, then the person should pray in each piece of clothing the number of clothes effected plus one.
Some scholars say that this would be difficult for a person if the clothes are large in number. So a person should do ijtihad to the best of his ability regarding the cleanliness of the clothes and go ahead with the prayer.”
وتُغسل نجاسة الكلب والخنزير سبعاً إحداهن بالتاب
The impurity of the dog and the pig should be washed 7 times with water and once with soil.
Sheikh Bilal Ismail explains, “Notice that the author did not mention saliva of the dog, so this includes its urine, feces, sweat etc also. Allah mentions:
إِنَّمَا حَرَّمَ عَلَيْكُمُ الْمَيْتَةَ وَالدَّمَ وَلَحْمَ الْخِنزِيرِ وَمَا أُهِلَّ بِهِ لِغَيْرِ اللَّهِ فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَلَا إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah . But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful. [Surah al-Baqarah, Ayah 173]
So the pig is included here with the dog since the pig is impure at the highest level.
Narrated by Abu Huraira رضى الله عنه: Allah’s Messenger ﷺ said:
طَهُورُ إِنَاءِ أَحَدِكُمْ إِذْ وَلَغَ فِيهِ اَلْكَلْبُ أَنْ يَغْسِلَهُ سَبْعَ مَرَّاتٍ, أُولَاهُنَّ بِالتُّرَابِ – أَخْرَجَهُ مُسْلِمٌ
“The cleansing of the utensil belonging to one of you, after it has been licked by a dog, is to wash it seven times, and using soil for cleaning at the first time.” [Muslim]. Another version has: “he should spill the content”. At-Tirmidhi’s version has “using soil at the first or last time”.
If this is the case with the saliva, then the urine and faeces is something worse. This including the inclusion of the purification after coming in contact with the pig are matters of qiyas by the scholars.
Sheikh Mashhoor explains, “The filth or impurity of the dog and the pig is to be cleaned 7 times with water where one of them is with soil. This is a heavy type of impurity. According to the Sunnah, the impurity of the dog and its method of purification is mentioned in Bukhari and Muslim. Scholars through qiyas say that since the pig is higher in impurity than the dog, this ruling applies to it also.”
ويزئ ف سائر النجاسات ثلاث مُنَقِّية، وإن كانت على الأرض فصبة واحدة تذهب بعينها؛ لقول رسول الله: «صُبُّوا عَلَى بَولِ الأَعرَابِّ ذَنُوباً مِن مَاءٍ.
It will be sufficient for the rest of the impurities to be washed 3 times till they are purified. Ex: Human urine, blood etc.
Sheikh Bilal Ismail explains, “Washing 3 times is the minimum and it can increased as much as needed till the impurity is removed. The increase in washing has a consensus on it. The difference of opinion rises is a person should continue washing if the impurity is removed in the first wash itself.
There is another narration from Imam Ahmed which says that if the eye of the najasa, meaning all traces of the impurity have been removed then this suffices.
Narrated Anas bin Malik: A Bedouin came and passed urine in one corner of the mosque. The people shouted at him but the Prophet stopped them till he finished urinating. The Prophet ﷺ ordered them to spill a bucket of water over that place and they did so. [Bukhari]
We don’t see the Prophet ordering the companions to wash the area 3 times or more.
Narrated ‘Asma bint Abu Bakr: The Prophet ﷺ said regarding menstruation blood that smears a garment,
تَحُتُّهُ, ثُمَّ تَقْرُصُهُ بِالْمَاءِ, ثُمَّ تَنْضَحُهُ, ثُمَّ تُصَلِّي فِيهِ
“She should scrape it, rub it with water, then wash it and then she may pray in it”. [Agreed upon]
The stronger opinion by the permission of Allah is that as long as even a single wash removes the impurity then that suffices without the need of extra washing.
The author continues to say that if the impurity was on the ground then just pouring over it suffices. A distinction has been made by the author but in reality there is no difference between the earth and anything else. The basis is removing the impurity and as long as that has been achieved, the number of washings doesn’t matter.”
Sheikh Mashhoor explains, “As for other impurities then they are to be washed away a minimum of 3 times as per the madhab. If the impurity or it’s traces are not removed, then more washes can be used till it is certain that purity has been obtained. Other scholars opine that as long as the impurity has been removed, then even a single wash is valid and enough.
If the impurity was on land then in this case one bucket of water being poured over it is enough to make it pure to be prayed upon etc.”
ويزىء ف بول الغلام الذي لم يأكل الطعام النضح، وكذلك المذي، ويعفى عن يسيره ويسير الدم وما تولد منه من القيح والصديد ونحوه، وهو ما لا يفحش ف النفس، ومني الآدمي وبول ما يؤكل لحمه؛ طاهر.
It is sufficient to remove the impurities caused by the urine of a male baby that has yet not begun eating sold food by sprinkling water over it so that the area is wet yet not soaked.
Sheikh Bilal Ismail explains, “Narrated Abu As-Samh: Allah’s Messenger ﷺ said:
يُغْسَلُ مِنْ بَوْلِ اَلْجَارِيَةِ, وَيُرَشُّ مِنْ بَوْلِ اَلْغُلَامِ
“The urine of a baby girl should be washed off and the urine of baby boy should be sprinkled (with water)”. [Reported by Abu Dawud and An-Nasa’i]
The urine of every human is najjis. The concession is given to just the method of purification. Some scholars opine that the male child is carried to the masjid and the market by the father and soaking the area soiled would cause too much difficulty, hence such a concession is given. These are opinions that can be taken or left.
Once the male child starts eating proper food then it is similar to that of the female child which in turn is similar to the urine of any other human.
Sheikh Mashhoor explains, “In the case of the impurity (urine) of a young child who is 2 years or less who doesn’t eat solid food, then water can be sprinkled over the effected place to purify it. This is a case of light najjasa.”
Sheikh Bilal Ismail explains, “Madhi (pre-cum) is najjis by consensus of the scholars of the madhaib. Madhi is similar to the urine of the male and sprinkling water over it would suffice with regards to its purification. It is not a requirement to wash it.
When the Messenger ﷺ was asked about how to cleanse a garment of madhi, he said: “It is sufficient for you to take a handful of water and sprinkle your garment where you think the madhiy touched it.” [al-Tirmidhi]
Small amounts of madhi, blood, pus and its likes are overlooked. The trivial amount is that which isn’t repungant and this is based on the urf (custom) of the people in general.
The Hanafi scholars save us here and say that this amount is the size of a coin. They base their opinion on qiyas that Istijmar is permissible and definitely when one does istijmar, some small amounts of impurity might remain or be overlloked for only water can completely wash away. If the Shariah allows that small amount then likewise it should be allowed for this too.
The (Mani) semen of the human and urine (and faeces) of the animals that are halal is tahir. The Malikis and the Hanafis consider semen to be impure.
Everything in reality is pure (ibaha – mubah) الطهارة والإباحة
This is a very important principle. The proof of this is the 29 ayah in Surah Baqarah where Allah says:
هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا ثُمَّ اسْتَوَىٰ إِلَى السَّمَاءِ فَسَوَّاهُنَّ سَبْعَ سَمَاوَاتٍ وَهُوَ بِكُلِّ شَيْءٍ عَلِيمٌ
It is He who created for you all of that which is on the earth. Then He directed Himself to the heaven, [His being above all creation], and made them seven heavens, and He is Knowing of all things.
When Allah has given a general rule/qaidah/usul – “هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا” then that things not being haram is a daleel for it being halal. If something was indeed haram then the Quran or the Sunnah would have made explicit mention of it to clarify it.
Alqama and Aswad reported: A person stayed in the house of A’isha and in the morning began to wash his garment. A’isha said: In case you saw it (i. e. drop of semen), it would have served the purpose (of purifying the garment) if you had simply washed that spot; and in case you did not see it, it would have been enough to sprinkle water around it, for when I saw that on the garment of the Messenger of Allah ﷺ. I simply scraped it off and he offered prayer, while putting that on. [Muslim]”
Sheikh Bilal Ismail explains, “Everything is pure unless proven otherwise. There is nothing to show that mani’ is impure and on the contrary we find indications regarding its purity. Man is created from semen and if the very thing man is created from is impure then what is to be said about the creation.
The Prophet ﷺ would wash it off when it was wet and scratch it off when it was dried. If its pure, then why did the Prophet ﷺ wash or scratch it off? Just because something is washed doesn’t mean it is impure. If spit from the mouth or mucus from the nose fall on the clothes, then we wash them away also. That doesn’t make them najjis by default. The body of man is pure and some things that exit from it may be impure. To say that anything excreted or from the body is impure is a wrong understanding. If that was the case then what about a baby born from the vagina?
Sheikh Mashhoor exlains, “Likewise, as per the madhab, Madhiy (pre-seminal fluid) is also cleansed by sprinkling water over it.
Another narration in the madhab classifies it as a normal impurity instead of a lighter impurity which in turn necessitates it to be washed a minimum of 3 times with water.
Combining between both we say that if the madhiy is less then it is considered a lighter impurity which is sufficed by sprinkling water over it. But if it is large in quantity then it is considered as a normal impurity and should be washed 3 times with water.
Small quantity of blood and it’s likes (pus etc) falling on clothing etc are forgiven or overlooked by the concession provided by the Shariah.
The Mani’ (semen) of a human being is pure and not najjis and this is also forgiven.
It was narrated that ‘Aisha said: “I remember when I found it (semen) on the garment of the Messenger of Allah and I scratched it off.” [Ibn Majah]”
Narrated Anas: The climate of Medina did not suit some people, so the Prophet ﷺ ordered them to follow his shepherd, i.e. his camels, and drink their milk and urine (as a medicine). So they followed the shepherd that is the camels and drank their milk and urine till their bodies became healthy. Then they killed the shepherd and drove away the camels. When the news reached the Prophet ﷺ he sent some people in their pursuit. When they were brought, he cut their hands and feet and their eyes were branded with heated pieces of iron. [Bukhari]
Anas reported: The Messenger of Allah ﷺ used to pray in the folds of the sheep and goats before the mosque was built. [Muslim]
For sure the housing of these animals would have some droppings etc around them yet the Prophet allowed it.”
Sheikh Mashhoor explains, “The urine of the animals, which are Halal are also considered pure. For sure the housing of these animals would have some droppings etc around them yet the Prophet allowed it. If it was najjis then the Prophet wouldn’t have ordered the travellers to use it. Based on this if the impurity of a Halal animal falls on one’s clothing then it’s not an issue for it is pure.”
The following are notes transcribed based on the commentary of Umdatul Fiqh by Sheikh Bilal Ismail and Sheikh Mashhoor Muhammad al-Suhaibi.