An acceptable namāz
requires an acceptable ablution and an acceptable ghusl. Ibni Ābidīn wrote in his explanation of Durr-ul-mukhtār: It is fard for every woman or
man who is junub and for every
woman after haid (menstruation)
and nifās (puerperium) to perform a ghusl ablution when there is enough time to
perform the times namāz before that prayers time expires.
There are uncountable
blessings for those who do the fard. And those who do not perform the fard are
very sinful. Rasūlullah (sallallahu alaihi wa sallam) states in a hadīth-i sherīf written in the book Ghunyat-ut-tālibīn: A person who gets up in order to
perform a ghusl ablution will be given as many blessings as the hairs on his
body [which means very many], and that
many of his sins will be forgiven. His grade in Paradise will be increased. The
blessings which he will be given on account of his ghusl are more useful than
anything in the world. Allahu taālā will declare to the angels: Look at this
slave of Mine! Without showing any reluctance, he thinks of My command and gets
up at night and performs a ghusl from janābat. Bear witness that I have
forgiven the sins of this slave of Mine.
A hadīth-i sherīf written on the ninety-first page of
the Turkish book entitled Hujjat-ul-islām
declares: When you become impure, hasten to
perform a ghusl ablution! For, the angels of kirāman kātibīn get offended with
the person who goes about while junub. It is written on the same
page: Hadrat Imām-i Ghazālī said he had dreamt of a person saying, I remained
junub for a while. As a result, they have put a shirt of fire on me. And I am
still on fire. A hadīth-i sherīf existing in
the books Zawājir and Risāla-i unsiyya
declares; Angels of (Allahs) compassion do not
enter a house wherein there is a picture, a dog, or a junub person.
It is written in Zawājir that if a
person, whether he performs namāz or not, spends a prayers time junub, he will
be tormented bitterly. For example, a person who becomes junub after the adhān
of early afternoon (Zuhr) has to perform a ghusl before late afternoon (Asr)
prayer if he has not performed his early afternoon prayer, and before evening
(Maghrib) prayer if he has performed his early afternoon prayer. If he cannot
take a bath himself with water he must make a tayammum.
According to the Hanafī
Madhhab there are three fards in a ghushl:
1 - To wash the entire
mouth very well. Drinking a mouthful of water will do, yet some (savants) said
that it would be makrūh.
2 - To wash the
nostrils. A ghusl will not be accepted if one does not wash under any dried
mucus in the nostrils or under any chewed pieces of bread in the mouth.
According to the Hanbalī
Madhhab madmada and istinshaq are fard both in ablution and in ghusl.
(See the previously explained eighteen sunnats of ablution).
3 - To wash every part
of the body. It is fard to wash every spot on the body if there is no haraj (difficulty) in wetting it. It is not
necessary but mustahab to rub the parts gently. Imām-i Mālik and Imām-i Abū
Yūsuf said that it is necessary. It is fard to wash inside the navel, the
moustache, the eyebrows and the beard as well as the skin under them, the hair
on the head and on the genital area. It is not fard, but mustahab to wash the
eyes, the closed ear ring holes and under the foreskin. When a woman washes the
skin under her plaited hair it is not necessary to wash the plait. If the skin
under the hair cannot be washed it becomes necessary to undo the plait. It is
fard to wash all parts of the hair that is not plaited. If a person gets a
haircut, it is not necessary to wash the hair cut [or other hairs or nails
cut]. It is written on the two hundred and seventy-fifth page of the fifth
volume of Ibni Ābidīn (rahmatullāhi
alaih): It is makrūh to shave the groin when one is junub. [Hence it is makrūh
also to get a haircut or to cut ones nails when one is junub.] It is not fard
to wash under the dirt caused by fleas and flies, under henna, under the skins
natural dirt or under any fluid oil or mud. It is necessary to wash under the
waterproof things stuck to the skin such as dough, wax, gum, solid oil, fish
scale, a chewed piece of bread [and fingernail polish]. If water does not soak
through the food remains in the teeth or cavities, or if the parts under them
are not washed, a ghusl will not be acceptable. If a ring is tight it is
necessary to take it off or to shift it. So is the case with earrings. If there
are no rings in the ring holes, and if the holes are open, when washing the
ears, it will be enough to moisten the holes. If they do not get wet you must
wet them with your fingers. In doing all these it will be enough to believe
strongly that they have become wet. If a person forgets to wash his mouth or
some other part and performs namāz and then remembers that he has not washed
it, he washes the part and performs the fard namāz again. If there are no
secluded places he does not open his private parts near others. He waits until
the others leave the place. If the time of namāz becomes short he does not make
tahārat (clean himself) near others, and he does not wash his pants, either. He
performs the namāz with najāsat on his person. For it is more blessed
to abstain from the harām than doing the fard. Later on when he finds a
secluded place he makes tahārat, washes his pants and performs the namāz again.
An ablution and a ghusl
do not have wājibs. The sunnats of a ghusl are like the sunnats of an ablution.
Only, in a ghusl it is not sunnat to wash in the same sequence as done in an
ablution. Their mustahabs are the same, too, with the mere difference that in a
ghusl one does not turn towards the qibla or recite any prayers. If a person
who has gotten soaked in a pool, a river or sea or drenched by rain washes his
mouth and nose too, he will have performed an ablution and a ghusl.
To perform a ghusl as
prescribed in the sunnat, we must first wash both of our hands and private
parts even if they may be clean. Then, if there is any najāsat on our body, we
must wash it away. Then we must perform a complete ablution. While washing our
face we must intend to perform a ghusl. If water will not accumulate under our
feet, we must wash our feet, too. Then we must pour water on our entire body
three times. To do this, we must pour it on our head three times first, then on
our right shoulder three times and then on the left shoulder three times. Each
time the part on which we pour water must become completely wet. We must also
rub it gently during the first pouring. In a ghusl, it is permissible to pour
the water on one limb so as to make it flow onto another limb, which, in this
case, will be cleaned, too. For in a ghusl the whole body is counted as one
limb. If in performing an ablution the water poured on one limb moistens
another limb, the second limb will not be considered to have been washed. When
a ghusl is completed it is makrūh to perform an ablution again. But it will
become necessary to perform an ablution again if it is broken while making a
ghusl. Those who imitate the Shāfiī and Mālikī Madhhabs should remember this
point. It is permissible to perform it at some other place even if it has not
been broken or to perform it again after performing namāz.
In an ablution and a
ghusl it is extravagant, which is harām, to use more than the necessary amount
of water. With eight ritl of water
[which is equal to one thousand and forty dirham-i sharī or three and a half
kilograms], one can make a ghusl as required by the sunnat. Rasūlullah
(sallallāhu alaihi wa sallam) would perform an ablution with one moud [two ritl or 875 gr.] of water, and he would
make a ghusl with water the volume of one Sā,
[One Sā is
conducted with lentils by this faqīr, one Sā is
[In the Hanafī Madhhab,
if the area between the teeth and the tooth cavities do not get wet a ghusl
will not be acceptable. Therefore, when one has ones teeth crowned or filled
without darūrat (necessity) ones ghusl
will not be sahīh (acceptable). One will
not get out of the state of janābat. Yes,
it is permissible according to Imām-ż Muhammad to fasten ones loose teeth with
gold wires or to put gold teeth in place of ones extracted teeth. Yet Imām-i
azam inferred the ijtihād that gold was not permissible. Imām-i Abū Yūsuf,
according to some reports, said as Imām-i Muhammad said. It is said (by
savants) that the permission given to Arfaja bin Sad, one of the Sahāba, so
that he could use a gold nose, is, according to Imām-i azam, peculiar to
Arfaja only. As a matter of fact, Zubayr and Abdurrahmān radīallahu taālā
anhumā were permitted to wear silk dresses, and this permission is said (by
savants) to have been peculiar only to them. But the fatwā is based upon the
word of Imām-i Muhammad, which gives permission to wear gold teeth, ears or nose
that can be taken out when performing a ghusl. This difference between our
imāms is on whether or not artificial teeth and the wires fastened to the loose
teeth may be of gold, and it is in cases when they can be removed so as not to
prevent the performance of a ghusl. But in a ghusl all of our imāms say that
the teeth must be wetted. In other words, when water does not go under the
artificial teeth, which may be made of gold, silver, or any other substance
that is not najs, a ghusl ablution will not be acceptable according to all the
savants of Hanafī Madhhab.
It is written in Halabī-i kebīr: If food remains are left between
the teeth and one cannot wash under them a ghusl will be acceptable. For water
is fluid and can infiltrate under the remains. But if the remains have been
chewn and become solid, a ghusl will not be acceptable. This is the truth of
the matter. For water cannot infiltrate under them. There is no darūrat or haraj[1] in this. Qādihān writes
referring to Nātifī: If there are food remains between the teeth a ghusl will
not be valid. It is necessary to pick them out and to wash the places under
them.
It is written in Al-majmūat-uz-zuhdiyya: Whether little or much,
if the food remains between the teeth become solid like
---------------------------------
[1] For definition see the following pages.
dough and thereby prevent water from filtering through, a ghusl will be
unacceptable.
It is written in Durr-ul-mukhtār: There are those (scholars) who
have given the fatwā that anything between the teeth or in any tooth cavity
would not harm a ghusl ablution, but if the stuff is solid and does not let
water through, a ghusl ablution will not be acceptable. This is the best truth
of the matter. In explaining this Ibni Ābidīn (rahmatullahi alaih) wrote:
The reason why the fatwā was given that it would do no harm was because water
would infiltrate under it and wet the part beneath it. The book Khulāsat-ul-fatāwā writes the same. As it is
understood from the fatwā, if water does not go under it, a ghusl will not be
accepted. The same is written in the book Hilya.
The same is also written in the book of annotation Minyat-ul-musallī,
which adds: If water does not reach the tooth, and there is no darūrat or
haraj in this.
Tahtāwī, explaining Marāqil-falāh,
wrote: If water goes under the food remains between the teeth and in the tooth
cavities a ghusl will be accepted. If they are too solid to let water through,
a ghusl will not be accepted. The same is written in Fath-ul-qadīr.
Allāma Sayyid Ahmad Tahtāwī wrote in his explanation of Durr-ul-mukhtār: Because water will infiltrate
under the food remains between the teeth and in tooth cavities, they do not
prevent the performance of a ghusl. If you doubt whether water infiltrates
under them you must take them out, wash in between the teeth and the cavities.
In worshipping and in
abstaining from harāms, every Muslim should follow the words of the scholars of
his Madhhab, such as, This is the fatwā,
This is the best, This is the truest word. If something he has
done of his own accord hinders him from following it and if there is haraj,
difficulty, in eliminating that hindrance, he must follow another word which is
declared to be right in his own Madhhab. For example, it is harām to put the
date of payment on the promissory-note of a person to whom you lend money; it
is interest. But by transferring it to someone else it will be permissible for
either of them to pay it on a certain date. If you cannot do so either,
supposing you are in the Hanafī Madhhab, you act following those daīf words of the scholars of the Hanafī Madhhab
which have not been chosen as a fatwā. (See Endless Bliss II.) If you still
cannot find a way out, you will have to act by
imitating, i.e., following one of the other three Madhhabs. Hanafī
scholars report that it is wājib for you to imitate another Madhhab. For
example, Ibni Ābidīn, while explaining
tazīr on page 190, vol. III wrote: Great ālīm Ibni
Āmīr Hāj says in the book Sharh-i
Tahrīr: It is necessary to act upon the word of the mujtahid and to
imitate that mujtahid when the necessity arises and this is informed through a Sharī dalīl (proof). The Sharī dalīl is the
āyat-i kerīma Ask those who know. When
you meet with a certain new situation, you inquire into ways of dealing with
this situation. If you know that a mujtahid has prescribed how to deal with
this situation, it becomes wājib for you to accept that mujtahids
prescription. Hence, it is wājib to imitate another Madhhab (in that case). If
it is impossible to follow another Madhhab, you should see if there is darūrat
to do the thing which causes the haraj.
A - If there is darūrat
to do something that causes haraj, it will be permissible for you not to do
that fard at all, or to commit a harām as far as the darūrat forces you to. The
same is valid if the haraj is still present when the darūrat is over.
B - If the thing
causing haraj has been done without darūrat or if there are a few alternatives
that can be done with darūrat and you choose the one in which there is haraj,
you are not permitted to omit the fard. Following this rule, scholars of fiqh
have solved many problems. For example:
1 - Imām-i Muhammad
said, When a loose tooth is tied with a silver wire, the silver will cause a
noxious scent, but a gold wire will not cause it. Because there is darūrat, it
is not harām to tie it with gold. And Imām-i azam said, A silver wire will
not cause a noxious scent either, so there is no darūrat; consequently, it is
harām to tie it with a gold wire. Therefore, Imām-i Muhammads (rahmatullahi
taālā alaih) solution is to be acted upon. There is no need to follow another
Madhhab.
2 - If a man finds out
(later) that his wife is his foster-sister by way of one or both having been
suckled only once by the same mother, their nikāh will become void according to
Hanafī Madhhab. They will either get diovorced or follow the Shafiī Madhhab.
If their walīs (guardians, protectors, parents) were not present during their
nikāh, they have to renew their nikāh as prescribed by the Shafiī Madhhab. If
suckling from the same mother took place five times and both children were
fully satiated, it will not be possible to follow Shāfiī and divorce will
become a must.
3 - A person who is not
able to arrive at his destination for evening prayer gets off the bus and
performs it in its prescribed time. Afterwards he gets on another bus going in
the same direction. Or else it is permissible for him to follow the Shāfiī
Madhhab and perform it after its time, that is, together with the night prayer.
If he is not able to reach his destination in order to perform the late
afternoon prayer in its time, he will have to get off and perform it outside
the bus. For, the late afternoon prayer cannot be performed together with
evening prayer in the Shāfiī Madhhab, either.
4 - If the zawja (wife)
of a person who is poor and not able to provide nafaqa
(sustenance) applies to the court and wants to be divorced, a Hanafī
qādī (judge) may not perform it. But a Shāfiī qādī may do it. The wife in the
Hanafī Madhhab must apply to a Shāfiī qādī. That judge will divorce her. The hukm (judgement) of this judge will be nāfiz (carried out). See the chapter on nafaqa in fiqh books!
A samāvī (involuntary) reason that forces one to do
something, that is, a reason which happens beyond ones will, is called a
darūrat. Examples of darūrat are a
commandment or prohibition of the Shārīat, an incurable vehement pain, danger
of losing ones limb or life, and compulsory choice without an alternative.
When it is difficult to prevent something from hindering the doing of a fard or
from causing a harām to be committed, the case is called haraj.
As it has been
mentioned above, according to the unanimity of the scholars of the Hanafī
Madhhab (rahmatullāhi alaihim ajmaīn) the ghusl of a person who has his teeth
filled or capped for some reason will not be sahīh (accepted). Scholars of the
Hanafī Madhhab do not have another statement (on this subject) that a person
could follow in order to make his ghusl sahīh. Some people say that it is
permissible for him to perform a ghusl before having his tooth crowned or
filled and then make masah on the crowning or the filling every time, but they
are wrong. For, masah on mests is peculiar to the feet and is done not in a
ghusl but in an ablution. Nor would it be right to liken the crowning or the filling
to a bandage on a wound, which will be elaborated on several pages ahead.
When there is haraj in
performing an ibādat because of something which is done without darūrat, one
has to imitate
another Madhhab only in doing the fard concerned; this fact is written
in many books, e.g. on the fifty-first and the two hundred and fifty-sixth
pages of the first volume and the five hundred and forty-second page of the
second volume and on the one hundred ninetieth page of the third volume of Ibni Ābidīn, and on the eighteenth page of Mīzan, as well as on the final pages of the books
Hadīqa and Berīqa
and in Fatāwā-i hadīthiyya and on the
final pages of the section adab-ul-Qādī of Fatāwā-i
Hayriyya, in the 22nd letter of the third volume of Maktūbāt of Imām-i Rabbānī[1]. It is also written in Mafuwwāt and
in its explanation by Mollā Khalīl Siridīs (rahmatullāhi taālā
alaih), a Shāfiī ālim, and in its annotation. If the person who intends to
imitate (another Madhhab) performed the present times namāz before intending
to imitate, the namāz will be sahīh (valid). But he will have to perform again
his previous prayers of namāz which he performed before that. Tahtāwī writes as follows on the ninety-sixth
page of his explanation of Marāqil-falāh and
also in its Turkish version Nimat-i Islām:
There is no harm in a Hanafīs imitating the Shāfiī Madhhab for doing
something which he cannot do in his own Madhhab. The same is written in the
books Bahrurrāiq and Nahrulfāiq. But to do this he has to fulfill the
conditions of the Shāfiī Madhhab, too. If he imitates without haraj and does
not observe the conditions he will be called a Mulaffiq,
that is, one who looks for and gathers facilities. This is not permissible. A
travelling persons performing late afternoon (Asr)
prayer with the early afternoon (Zuhr)
prayer and night (Ishā) prayer together
with evening (Maghrib) prayer by
imitating the Shāfiī Madhhab requires that he will recite the Fātiha (sūra)
when he performs these behind an imām (in jamāat), and that he will perform an
ablution again if his palm touches his own Sawatayn,
that is, his two most private parts, or if his skin touches a womans skin,
except the eighteen women who are eternally harām (illegal) for him to marry.
And he must intend for an ablution and avoid even a little najāsat. It is also
permissible for him to imitate the Mālikī Madhhab.
For imitating the
Mālikī or Shāfiī Madhhab, it is enough to remember that you are following the
Mālikī or Shāfiī Madhhab when performing a ghusl or an ablution and when
intending to perform the namāz. In other words, the ghusl of such a person will
be acceptable if, at the beginning, he passes this thought through his
---------------------------------
[1] See the 34th chapter of Endless Bliss I.
heart: I intend to perform ghusl and to follow the Mālikī (or the
Shāfiī) Madhhab. When a person in the Hanafī Madhhab who has a crowned or
filled tooth intends in this manner his ghusl will be sahīh. He will extricate
themselves from the state of being junub and become pure. When this person
needs to perform namāz or to hold the Qurān he has to have an ablution as
required by the Mālikī or the Shāfiī Madhhab, too. For those who imitate the
Shāfiī Madh-hab, when the skins of those for whom being married is permissible
touch one another, even if he or she is very old, or a child who has grown up
but has not arrived at the age of puberty, they both must perform an ablution
for namāz. Also, when a person (imitating the Sāfiī Madh-hab) touches with his
or her palm one of the two organs used for relieving nature on his or her or someone
elses body, he or she has to make an ablution for namāz. He must recite the
Fātiha at every rakat while performing namāz in jamāat. He must scrupulously
avoid najāsat. When he is late for the jamāat (for the first rakat of the
namāz, for instance), he bows for rukū together with the imām and does not
recite a part or the whole of the Fātiha. Imitating Shafiī or Mālikī Madhhab
is not taqwā, but it is fatwā, rukhsat (permission). Taqwā is to replace the
crowned and filled teeth with false teeth.
To attain the
compassion expressed in the hadīth-i sherīf, Differences among the mujtahids of my Ummat are Allahs
compassion, which signifies the four Madhhabs, those Hanafīs who
have filled or crowned teeth can extricate themselves from the state of being
junub by following the Mālikī or Shāfiī Madhhab. For, it is not fard in the
Madhhabs of Shāfiī and Mālikī to wash inside the mouth or the nostrils while
performing a ghusl. But it is fard to intend to perform a ghusl. For a person
imitating another Madhhab (on account of a haraj that makes it impossible for
him to follow his own Madhhab in a particular matter), if a second haraj arises
preventing his performance from being sahīh according to the Madhhab he has
been imitating but not according to his own Madhhab or according to a third
Madhhab, he goes on doing this matter in accordance with all the three
Madhhabs. The kind of talfīq (unification) which scholars such as Izz-ad-dīn
bin Abd-is-salām Shāfiī and Imām-i-Subkī and Ibni Humām and Qāsim say is
permissible is this kind of imitation
done because of two different excuses. In case it is impossible to
imitate the third Madhhab, his excuse in his own Madhhab becomes darūrat and
his worship becomes sahīh (acceptable). If the second excuse is not a
continuous one, the worship he performs during the suspension of this excuse
becomes sahīh according to this (second) Madhhab. As it is seen, when a person
imitates a third Madhhab because of an excuse making it impossible to follow
the second Madhhab, this does not mean talfīq (unification of Madhhabs).
Since the ghusl of a
person who is in the Hanafī Madhhab will not be sahīh (valid) as long as his
teeth are crowned or filled, his prayers of namāz will not be sahīh, either. He
has to perform his prayers again which he had performed until he began to
imitate the Shāfiī or Mālikī Madhhab. Later on we shall explain how to perform
the omitted fard prayers instead of the sunnat of each prayer. (See chapter
23).
Some people have been
asking if there are any āyats or hadīths on the washing of the teeth. It should
be known quite well that the Adilla-i shariyya
are four. It is a lā-madhhabīs attitude to consider only the two. Today there
seems to be no qualified scholars on the earth who can derive meanings from
āyats and hadīths. Having chosen one of the great scholars who understood the
meanings of āyats and hadīths well and explained them in books of fiqh, we have
made him our imām, guide, leader, and have been carrying on our acts of worship
in a manner shown by him. Our leader is Imām-i azam Abū Hanīfa, (may Allahs
mercy be upon him). To imitate one of the four Madhhabs means to follow the Qurān al-kerīm and the hadith-i
sherīfs.
There are
eleven kinds of ghusl, five of which are
fard. Two of them involve a woman performing a ghusl to get out of the states
of haid (menstruation) and nifās (puerperium.)
Haid is the bleeding that flows for more than three days from the genital
organ of a healthy girl over nine years old, or a woman after a period of Full Purity has passed since the last minute of
her previous bleeding period. This is also called Sahīh
Bleeding. If no blood is seen within the fifteen or more days after
a bleeding period, and if this duration (of purity) is preceded and followed by
days of haid, these days of purity are called Sahīh
Purity. If there are days of fāsid bleeding
before or after the fifteen or more days of purity or between two
periods of sahīh purity, all these days are called (days of) Hukmī purity or Fāsid
purity. Also, periods during haid wherein no blood is seen and which
last less than fifteen days are called Fāsid purity. Sahīh purity and Hukmī
purity are called Full Purity. Bleedings that are seen before and after a
period of full purity and which continue for three days are two separate
periods of haid. Any coloured liquid, except for a white (colourless) liquid or
turbidity is called the blood of haid. When a girl begins haid, she becomes bāligha (an adolescent), that is, a woman. A girl
who has not begun haid and a boy who does not have manī (sperm) are considered
to be bāligh (in a state of puberty), if they have lived beyond the age of
fifteen. This fact is written in the explanation of the book Durr-i Yaktā. The number of days beginning from
the moment bleeding is seen until the bleeding comes to an end is called ādat (menstruation period). A period of haid is
ten days maximum and three days minimum. According to the Shāfiī and Hanbalī
Madhhabs, it is fifteen days maximum and one day minimum. In the Mālikī Madhhab
it is fifteen days maximum, and yet the bleeding that is seen first is haid. If
the bleeding of a woman who is in the Hanafī Madhhab and who is imitating the
Mālikī or Shāfiī Madhhab goes on for more than ten days, she will have to make
qadā of the prayers of namāz she has omitted during this time of excess after
she becomes purified.
Menstrual bleeding does
not have to be continuous. If the initial bleeding stops but more bleeding is
seen again before three days have passed, the days of purity in between are
unanimously considered to be menstrual. According to a report Imām-i Muhammad
transmits from Imām-i azam Abū Hanīfa, if bleeding is seen again before ten
days have passed, it will be concluded that the bleeding has continued during
these ten days. There is also another report transmitted by Imām-i Muhammad.
According to Imām-i Abū Yūsuf, and also in Shāfiī and Mālikī all these days of
purity are considered menstrual if they are over before a fifteen day period.
Suppose a girl bleeds for one day and then does not bleed for another fourteen
days; however, she then bleeds again for one day. And suppose another woman
bleeds for one day and does not bleed again for ten days, but again bleeds for
only one day. And a third woman bleeds for three days and does not bleed again
for five days, but when she bleeds again, it is only for a day. According to
Imām-i Abū Yūsuf, the girls first ten days are haid; the former womans days
of haid
are the same as her ādat (previous or usual menstrual period) and all
the remaining days (of bleeding) are istihāda; the latter womans nine days are
all haid. According to Imām-i Muhammads first report, only the latter womans
nine days are haid. According to Imam-i Muhammads second report, only the
latter womans first three days are haid, but the remaining days are not haid.
Translating the subject of haid from the book Multaqā,
we have written all the following information according to Imām-i Muhammads
first report. One day is (a duration of) exactly twenty-four hours. It is
mustahab for married women, all the time, and unmarried (virginal) women,
during their menstrual period only, to put a piece of cloth or pure organic
cotton called kursuf on the mouth of
their vagina, and to apply perfume on it. Synthetic cotton is unhealthy. It is
makrūh to insert the entire kursuf into the vagina. A girl who sees bloodstains
on the kursuf every day for months is considered to be menstruating during the
first ten days and having istihāda for the remaining twenty days. This will go
on until the bleeding, called istimrār, stops.
If a girl sees blood
for three days but does not see it for one day, and then sees it for one day
but again does not see it for two days, and later sees it for one day but then
does not see it for one day, and finally sees it again for one day, all these
ten days are menstrual. If she sees blood one day but does not see it the next
day, and if this alternating process goes on for ten days every month, she does
not perform namāz or fast on the days she sees blood. But she makes ghusl and
performs namāz on the following days. [Translated from the book Masāil-i sharh-i wikāya.][1]
---------------------------------
[1]
[In the Mālikī Madhhab, red,
yellowish or turbid blood that isues from the front of a girl that has reached
the age of nine is called blood of haid (menorrhoea). It is haid as soon
as the bleeding starts. As the bleeding continues, it is menstrual until
immediately before the fifteenth day, and its continuation thereafter, (as it
may be the case,) is judged to be istihāda (menorrhagia). If her ādat changes
the next month, her new ādat is the longest period of ādat she has so far had
plus three days. Bleeding that continues thereafter, as well as bleeding that
continues after the fifteenth day in any case, becomes istihāda. When the
kursuf (pad, tampon, sanitary towel) is found to be dry, or colourless although
it may be wet, this case must be taken as the end of the menstrual period.
Bleeding that a woman past the age of seventy undergoes is not haid; it is
istihāda. In case a woman's bleeding continues intermittently, the days spent
without bleeding are to be taken as days of purity. The number of running days
of purity is
Bleeding that goes on
for less than three days, that is, seventy-two hours, even if it is five
minutes less, or, for a newly pubescent girl, bleeding after the tenth day when
it goes on more than ten days or, for one who is not new, bleeding that happens
after the ādat when it exceeds the days of ādat and even ten days, or bleeding
of a pregnant or āisa (old) woman or of
a girl below nine years of age is not menstrual. It is called istihāda or fāsid
bleeding. A woman becomes āisa around
the age of fifty-five. Supposing a voman whose ādat is five days sees blood
after half of the sun has risen and the bleeding stops as two-thirds of the sun
rises on the eleventh morning, in which case the bleeding has exceeded ten days
for a few minutes, the blood that comes after five days, her ādat, is istihāda.
For, it has exceeded ten days and ten nights for as long as one-sixth of the
suns time of rising. When the ten days are over, she makes ghusl and makes
qadā of the prayers of namāz which she did not perform on the days following
after her ādat.
While a woman is in the
days of istihāda, she is considered to have an excuse (udhr), just like someone
whose nose frequently bleeds or someone who is not able to control the bladder;
hence, she has to perform namāz and fast, and sexual intercourse is permissible
despite the bleeding. The bleeding of istihāda (menorrhagia) is a sign of a
disease. If it continues for a long time it may be dangerous, so the person
concerned must see a gynaecologist. A red gum powder called sang-dragon
(dragons blood) may stop the bleeding when taken orally with water, one gram
in the morning, and the same amount in the evening. Up to five grams may be
taken per day.
According to a report
by Imām-i Muhammad, if a girl over nine years old sees bloodstains one day for
the first time in her life and does not see it the following eight days but .
---------------------------------
.fifteen
minimum. Bleeding that recurs before these fifteen days is istihāda. Such days
of purity are infinite, (i.e. there is not a maximum limit.) If a bleeding
stops and recurs fifteen days later, it is haid. Bleeding undergone before a
childbirth is haid. If the baby is lifted out of the woman's womb through an
opening cut in her abdomen, the bleeding that occurs in the immediate aftermath
is not nifās (puerperal discharge). Puerperal period is sixty days maximum. If
the puerperal bleeding stops and does not recur within the following fifteen
days, (the puerperal period has ended and) the woman undergoing nifās has
become tāhir (clean, purified). Bleeding that occurs thereafter is haid.]
sees it again on the tenth day, all the ten days are menstrual. But if
she bleeds the first and eleventh days only and at no time in between, neither
of them is menstrual. Bleeding on both days is istihāda, since the days of
purity preceding the bleeding after the tenth day, as described above, are not
considered to be the days of haid according to Imām-i Muhammad. If she sees
bloodstains on both the tenth and eleventh days, the first ten days, including
the days of purity in between, make up a menstruation period, while the eleventh
day belongs to istihāda.
A womans haid or
purity is usually a period of the same number of days every month. In this
context, one month (also a menstrual cycle) is the period from the
beginning of a menstruation period to the beginning of the next period. When a
woman with a certain period of ādat sees sahīh bleeding for a different number
of days, her ādat changes. Likewise, the number of the days of purity changes
when a different period of purity is seen once. Fāsid bleeding or fasid purity
does not change the ādat.
If the duration of
bleeding of the new haid exceeds ten days and if its three or more days do not
concur with the time of the former ādat, the time of ādat changes, but the
number of days does not change. If they (three or more days) concur with the
time of ādat, the number of days concurring with it becomes haid and the rest
becomes istihāda. If a woman whose ādat is five days of bleeding and fifty-five
days of purity sees five days of bleeding and then forty-six days of purity and
afterwards eleven days of bleeding, the time of her ādat changes, but the
number of days does not change. If she sees five days of bleeding and then
fifty-seven days of purity but later three days of bleeding followed by
fourteen days of purity and then one more day of bleeding, the number of the
days (of the new haid) becomes three. But its time does not change. The
fourteen days of fāsid purity here means continuous bleeding. That is, the
duration of bleeding for the new haid exceeds ten days. If the duration of
bleeding for the new haid does not exceed ten days and if it is followed by sahīh purity, all the days of bleeding become a
new haid. If it is not followed by sahīh (correct) purity, the number of the
former days of the ādat does not change. It becomes mustahab for her to wait
until it gets quite close to the end of the time for namāz within which it
stopped and which is after the ādat but before the tenth day
(of bleeding). Then, after making a ghusl, she performs the times
namāz. Also waty (intercourse) becomes
permissible for her. But if she misses the ghusl and the namāz as she waits,
intercourse before making a ghusl becomes permissible.
If the first bleeding
of a girl or a bleeding that begins fifteen days after the last haid of a woman
stops before three days are over, she waits until the end of the namāz time is
quite close. Then, making wudū (ablution) only without a ghusl she performs the
namāz of that time and those which she did not perform (during the bleeding).
If bleeding reoccurs after she has performed that namāz, she discontinues
namāz. If it stops again, towards the end of the time of the namāz she makes a
wudū only and performs the times namāz and those which she did not perform, if
there are any. She acts likewise until the end of the third day. But waty
(intercourse) is not permitted even if she makes a ghusl.
If bleeding continues
for more than three days and stops before the end of her ādat, waty is not
permitted before the end of her ādat, even if she makes a ghusl. But if no
bloodstains are seen until it is quite close to the end of that particular
namāz-time she makes a ghusl and performs the namāz. She does not perform those
prayers of namāz which she omitted. She fasts. If bleeding does not reoccur for
fifteen days after the day it stops, the day it stops becomes the end of her
new ādat. But if bleeding reoccurs she discontinues namāz. If it is the month
of Ramadān, after Ramadān, she makes qadā of the fast which she performed. If
bleeding stops she makes a ghusl again towards the end of the namāz-time and
performs the namāz and she fasts. She follows the same procedure for ten days.
After the tenth day she performs namāz without making a ghusl even if she sees
bloodstains, and waty before a ghusl is permissible. But it is mustahab to make
a ghusl before waty. If bleeding stops before the breaking of dawn and if she
has only time enough to make a ghusl and dress up but not enough also to say
Allahu ekber before dawn, she fasts that day, but she does not have to make qadā
of the night namāz she missed. But if the time is long enough to say Allahu
ekber, she will have to make the qadā. If haid begins before iftār (time for
breaking a fast), her fasting becomes invalid, and she performs its qadā after
Ramadān. If haid begins while performing
namāz, her namāz becomes invalid. When she becomes clean she does not
perform qadā for that namāz if it is fard, but she performs it if it is
supererogatory. If a woman sees bloodstains on her kursuf when she wakes up
after dawn, she becomes menstruous at that moment. If a woman sees that her
kursuf is clean when she wakes up, her haid stopped while she was asleep. It is
fard for both to perform the (previous) nights namāz. A namāz being fard for a
woman depends on her being clean at its last minute. A woman whose haid begins
before she has performed the times namāz does not make qadā of that namāz.
There must be full purity between two periods of haid. It is
declared unanimously (by Islamic scholars) that if this full purity is sahīh purity, the bleedings before and after it
are two separate periods of haid. Days of purity intervening the days of
bleeding within the ten days of haid are considered menstrual, and the days of
istihāda after the tenth day are considered (days of) purity. If a girl bleeds
for three days and then does not bleed for fifteen days and then bleeds for one
day and then does not bleed one day and then bleeds again for three days, the
first and the last three days of bleeding are two separate periods of haid.
Since her ādat is three days, the second haid cannot begin with the one day of
bleeding in between. This one day makes the previous full purity fāsid. Molla
Khusraw (rahmatullāhi taālā alaih) wrote in his explanation of Ghurar: If a girl sees one day of bleeding and
then fourteen days of purity and later one day of bleeding and then eight days
of purity and then one day of bleeding and then seven days of purity and then
two days of bleeding and then three days of purity and then one day of bleeding
and then three days of purity and then one day of bleeding and then two days of
purity and then one day of bleeding, according to Imām-i Muhammad, of these
forty-five days only the ten days following the fourteen days (of purity) are
menstrual, and the rest are istihāda. As a result, since there is not a period
of full purity following these ten days, the new haid does not begin. She is
not thought of as having bled during the latter days of her purity because
these days are not within the duration of her normal haid. (According to Imāmi
Abū Yūsuf, the first ten days and the fourth ten days with purity on both sides
are menstrual.) For, according to Imām-ż Abū Yūsuf, the following days of fāsid
purity are considered to be menstrual. According to the first of the following
(four) cases, the ten days of haid are followed by twenty
days of purity and then ten days [the fourth ten days] of haid.
If istimrār (see above) occurs without any
intervening days of purity for fifteen days, the calculation is based on her
ādat. That is, beginning with the end of her ādat, the duration of purity is
considered to be the same as that of the previous months and the period of
haid is the same as her ādat.
If istimrār occurs on a
girl, according to the book Manhal-ul-wāridīn
and the Turkish book Murshid un-Nisā, it
may be classified in one of the four cases:
1 - If the bleeding
which is seen for the first time makes istimrār, the first ten days are
considered menstrual and the next twenty days are considered days of purity.
2 - If istimrār occurs
after a girl has experienced sahīh bleeding and sahīh purity, this girl has
become a woman with a certain ādat. Suppose she has experienced five days of
bleeding and forty days of purity, from the beginning of istimrār five days are
considered menstrual and forty days are considered days of purity. The case is
valid until the bleeding ceases.
3 - If she undergoes
fāsid bleeding and fāsid purity, neither of them is considered to be her ādat.
If the purity is fāsid because it is less than fifteen days, the bleeding which
is seen first is considered to have made istimrār. If she undergoes eleven days
of bleeding and then fourteen days of purity and afterwards istimrār, the first
bleeding is fāsid because it exceeds ten days. Its eleventh day and the first
five bleeding days of istimrār are (within) the days of purity, and, after the
fifth day (of istimrār), ten days of haid and then twenty days of purity keep
recurring. If the purity is full purity and is fāsid because there are days of bleeding
within it, and if the sum of the days of such fāsid purity and the days of
bleeding does not exceed thirty, again, the first bleeding is considered to
have made istimrār. An example of this is istimrār after eleven days of
bleeding and fifteen days of purity. Because there is bleeding on the first of
the sixteen days, it is a period of fāsid purity. The first four days of the
istimrār are (within) the period of purity. If their sum exceeds thirty days,
the first ten days are menstrual and all the following days until the istimrār
are considered days of purity, and after the istimrār, ten days of haid and
twenty days of purity continue to reoccur. An example of this is
istimrār after eleven days of bleeding and twenty days of purity.
4 - If she undergoes
sahīh bleeding and fāsid purity, the days of sahīh bleeding become her ādat.
The following days are considered days of purity until after the thirtieth day.
Suppose istimrār occurs after five days of bleeding and fourteen days of
purity, the first five days are days of bleeding and the following twenty-five
days are days of purity. To complete these twenty-five days, the first eleven
days of the istimrār are considered days of purity. From now on five days of
haid and twenty-five days of purity will continue reoccurring. Likewise, if
istimrār occurs after three days of bleeding and fifteen days of purity or one
day of bleeding and fifteen days of purity, the first three days are days of
sahīh bleeding and all the following days up to the istimrār are days of fāsid
purity; hence, three days are menstrual and the next thirty-one days are days
of purity. But during the istimrār three days of haid and twenty-seven days of
purity reoccur. If the second period of purity were fourteen days, according to
Imām-i Abū Yūsuf it would be considered a period of continuous bleeding. The
first two days would be menstrual, and the next fifteen days would be days of
purity, and so on. Since the first three days of bleeding and the next fifteen
days of purity are sahīh, they are accepted as ādats.
A woman who has
forgotten the time of her ādat is called Muhayyira or
Dālla.
Nifās means lochia. Bleeding that occurs after a fetus with developed hands,
feet and head has been aborted is also nifās. There is not a minimum duration
for nifās. On the day the bleeding stops, she performs a ghusl and resumes
namāz. But she cannot have sexual intercourse before the period equalling her
previous nifās is over. The maximum is forty days. After forty days she
performs a ghusl and begins namāz even if her bleeding continues. Bleeding
after the fortieth day is istihāda. The nifās of a woman whose bleeding lasted
twenty-five days after her first pregnancy is twenty-five days. Therefore, if
blood flows for forty-five days after her second pregnancy, the first
twenty-five makes up the nifās and the remaining twenty days are istihāda. She
has to perform qadā of those prayers of namāz that she did not perform during
these twenty days. Then, it is necessary to memorize ones length of nifās, too.
If her bleeding stops before the
fortieth day, e.g. in thirty-five days, during the second childbirth,
all the thirty-five days are nifās; therefore, her nifās changes from
twenty-five to thirty-five days. In Ramadān, if haid or nifās stops after dawn
(fajr), she fasts during that day, yet after Ramadān she fasts one day again
for that day. If haid or nifās begins after dawn, she breaks her fast even if
it begins in the late afternoon.
Namāz, fasting,
entering a mosque, reading or holding the Qurān
al-kerīm, visiting the Kaba, and sexual intercourse are all harām
(forbidden) in all of the four Madhhabs during the days of haid and nifās.
Later she performs the qadā of those fasts, but not the ritual prayers of
namāz she omitted. She will be forgiven for not performing namāz. If at each
prayer time she performs an ablution and sits on a sajjāda (prayer-rug) and
dhikrs and performs tasbīh for as long as it normally takes her to perform
namāz, she will be given as many blessings as she would normally receive if she
performed namāz in the best manner. [When a girl is over eight years old, it
becomes fard for her mother or, if she does not have a mother, her
grandmothers, elder sisters, paternal and maternal aunts, respectively, to
teach her about haid and nifās. If they do not, they themselves and their
husbands will have committed a grave sin.]
It is written in the
book Jawhara: A woman must let her
husband know when her haid begins. It is a grave sin not to say it when her
husband asks. It is also a grave sin if she says that her haid has begun while
she is pure. Our Prophet (sallallāhu alaihi wa
sallam) stated: A woman who conceals the beginning
and the termination of her haid from her husband is accursed. It is
harām, a grave sin, to have anal intercourse with ones wife both during and
after haid. He who does so is accursed. Pederasty is even more sinful. The
Sūrat-ul-anbiyā states that pederasty is an extremely
vile deed. The hadīth quoted in Qādizādas commentary to Birgiwī states, If
you catch in the act those who commit pederasty as did the tribe of Lūt[1] (the people of Sodom and Gomorrah), kill
them both! Some Islamic scholars have said that they both must be
burned alive. It has been discovered in America that the horrid disease called AIDS,
which has been
---------------------------------
[1] Inhabitants of the ancient city of Sodom (Sodomites), who were famous for their immoralities.
spreading with great
speed among those who practise pederasty, is more fatal with those who eat
pork. No medicine has so far been developed to cure this disease, whose virus
was diagnosed in 1985.
The third type of ghusl
that is fard concerns a person who has become junub. Such a person must wash
himself (take a ghusl) when he has to perform namāz. There are three ways of
becoming junub: When the tip of the penis (its roundish part under the prepuce)
goes into the vulva, when the mans viscous white semen or the womans
yellowish ovum fluid is thrown out lustfully, and by nocturnal emission, that
is, when he or she has a lustful dream and sees that semen or mazy has issued when he or she wakes up. In such
a case, both the man and the woman become junub. In the Hanafī and Shāfiī
Madhhabs, one does not become junub by the issuing of mazy or wadī.
But the semen which has issued becomes fluid with the effect of heat and looks
like mazy.
To make a ghusl for
Friday, for the prayers of the Bayrams (Iyds) of Fitr and Qurbān, and while on
the mount of Arafāt (which is near Mekka) on Arafa day is sunnat-i zawāid. If a
person who has forgotten that he has been junub makes a ghusl for the Friday
prayer, he becomes pure. But he will not get the blessings for doing the fard.
It is wājib-i kifāya to
wash a Muslim when he is dead. Before a dead Muslim is washed his funeral
(janazā namāz) cannot be performed.[1]
When a disbeliever
becomes a Muslim, it is mustahab for him to make a ghusl.
Besides these eleven,
it is mustahab to make a ghusl before putting on the ihrām for hajj and umra;
when entering Mekka or Medīna; when standing for waqfa at muzdalifa; before
washing a dead Muslim; after cupping; on Qadr, Arafa and Barāt nights; when a
mad person becomes sane; and for a child who reaches fifteen years of age. If a
woman has sexual intercourse when her haid is over, one ghusl for both is
enough. When a person makes a ghusl for some other reason on a Friday or on a
day of Iyd, he will also be given the blessings for the ghusl of these prayers
of namāz.
---------------------------------
[1] Salāt (namāz) of janāza is explained in detail in the
fifteenth chapter of the fifth fascicle of Endless Bliss.
When sticky liquid
called semen issues forth because of being thrashed, lifting something heavy,
or falling down from a high place, a ghusl is not necessary in the Hanafī and
Malikī Madhhabs. But it is necessary in the Shāfiī Madhhab. A Hanafī person
who imitates the Shāfiī Madhhab has to take this into consideration.
If the semen that
leaves its place lustfully remains in the urethra and does not go out, a ghusl
is not necessary. But if it comes out later, even without lust, it will be
necessary to make a ghusl. If a person who has a nocturnal emission, that is,
who ejaculates semen in his dream, wakes up and squeezes his penis so that the
semen is prevented from coming out, then experiences later on, after his lust
has subsided, semen leaking from his organ, a ghusl becomes necessary for him.
If a person who has become junub makes a ghusl without urinating and if later
on the rest of the semen issues without lust, he has to make another ghusl. If
he has performed namāz with his first ghusl, he does not have to perform it
again. For this reason, in the Hanafī and Hanbalī Madhhabs it is necessary to
urinate and thereby wash out the semen that has remained in the urethra and
afterwards make a ghusl. In the Shāfiī Madhhab one must make a ghusl again
even if one has urinated. But in the Mālikī Madhhab one does not have to make a
ghusl again even if one has not urinated.
When the tip of the
penis goes into the vulva or into a womans or mans anus, a ghusl is necessary
for both persons, regardless of whether semen was discharged or not. Inserting
a penis into an animal (sodomy) or into
a dead person (necrophilia) does not
necessitate a ghusl if semen was not discharged, according to the Hanafī
Madhhab. These two acts are done by psychopaths called sadist. Such acts are utterly abominable and
grave sins.
If a person who has a
nocturnal emission notices some wetness on his bed, on his underwear, or on his
legs and finds out that it is the white, fluid liquid called mazy, or if mazy issues from him while awake, a
ghusl is not necessary. If he notices some semen without remembering a
nocturnal emission, a ghusl is necessary as unanimously communicated (by
scholars). If he thinks it may be mazy, as a precaution a ghusl is necessary.
If a person remembers that he had a nocturnal emission, but does not see any
wetness anywhere, a
ghusl is not necessary. After a woman makes a ghusl, if some of her
husbands semen comes out, a ghusl is not necessary. If a drunk person sees
some semen on himself after he recovers, a ghusl is necessary. The case is the
same with a person who has fainted. If both the wife and the husband see some
semen in their bed when they wake up, a ghusl is necessary for both, even
though they do not remember having a nocturnal emission. If a genie disguised
as a human being has sexual intercourse with a person, a ghusl is necessary for
that person. If the genie does not come in a human figure, the person who has
an experience from this does not make a ghusl. If the mans semen, which was
discharged by rubbing his penis on a part of the womans body except her vulva,
goes into the vulva, the woman does not have to make a ghusl. However, if she
becomes pregnant as a result, she has to make a ghusl and perform the prayers
of namāz again which she has performed since the incident occurred.
When such things as a
childs penis, an animals penis, a dead persons penis, or anything like a
penis, such as a finger or a penis with a condom on it is inserted into the
vulva, a ghusl is necessary if she is aroused by it. If she does not enjoy it,
making a ghusl is preferred. Merāqil-felāh
says: If semen or an ovum is released after looking at or daydreaming about
each other, a man or woman will become junub. A womans husband pays money for
the water she uses when making a ghusl, an ablution and for her bath. The
husband has to meet his wifes needs even if she is rich. If a mans semen is
released while urinating, he makes a ghusl if his penis is erect.
If a woman begins
menstruating while she is junub, she makes a ghusl immediately if she likes[1], or she may wait until the menstruation is over and then make one
ghusl for both.
Durr-ul-munteqā says: It is permissible for men to go to public baths for men, and
women also are permitted to go to public baths for women. Covering their
private parts with thick and oversized towels is fard; looking at someone
elses private parts[2] covered with a thin and tight towel is harām (prohibited).
---------------------------------
[1] If
she chooses to do so, she will have to make another ghusl when her period is
over.
[2] Parts of a person's body that should be under cover in company, (and/or during certain acts of worship,) are termed awrat parts. Please ; see chapter 8 for details.
Rubbing a persons thighs and looking at them is permissible for the
operator of a public bath, provided they are covered. Either touching or
looking at the private parts under the towel is harām. Without lust, a mans or
womans body, except for their private parts, are permissible to be looked at
or touched by another man or woman, respectively. It is also prohibited (harām)
for a man to look at a woman who is a disbeliever, even without any lust. He
who does not attach any importance to a harām (prohibition) conveyed by nāss or
ijmā will lose his īmān (faith) and become a murtad.
If a person who is
junub does not make a ghusl until the prescribed time for a particular prayer
which he has not performed is over, he will not be sinful. But it is a grave
sin for him to delay it any longer. It is not sinful to sleep or to have sexual
intercourse when one is junub. It is permissible to make a ghusl by using the
same basin or container together with ones wife. It is tenzīhī makrūh for a
person who is junub to eat or drink before washing his hands and mouth. For the
water touching his mouth and hands becomes mustamal[1]. And it is makrūh to drink water which is mustamal. The case is not so
with a woman in haid. For she has not been commanded to make a ghusl while
menstuating. [A woman in haid can suckle her baby without washing her breasts.
But it is makrūh for a woman who is junub to suckle her baby without washing.]
A womans suckling her baby will not break her ablution.
It is makrūh to read
the Qurān al-kerīm when ones private
parts are exposed or when there is another person close by whose private parts
are exposed. Therefore, it is necessary to read (or recite) the Qurān by
keeping ones head outside of the blanket.
If a person who becomes
junub at a house where he has been a guest fears that making a ghusl may cause
slander or suspicion, he does not make a ghusl. And since it is not permissible
for him to make a tayammum while there is water, it is permissible for him to
be pretending to make namāz while he is junub, without intending, without
saying the tekbīr of iftitāh, without reciting anything while standing but only
by acting as if he is doing the rukū and sajda. [Also, he who has to perform
namāz behind an
---------------------------------
[1] Please see chapter 7 for
kinds of water.
imām who is a lā-Madhhabī reformer, does likewise.]
It is harām to enter a
mosque or to even walk through a mosque when one is junub and when a woman has
haid. If one has no other way than the one leading through the mosque or if one
becomes junub in the mosque or if one cannot find water anywhere but in the
mosque, one makes a tayammum and then one can go in and out of the mosque. It
is harām in all of the four Madhhabs for one to read (or recite) the Qurān al-kerīm, to hold a Mushaf and to visit
the Kaba while one is junub. It is harām also to hold the Qurān al-kerīm, or anything on which āyats are
writen, without an ablution. It is permissible to carry the Qurān al-kerīm in something not attached to it,
e.g. in a bag. It is not harām to recite the Fātiha or the āyats which are said
to be the prayer ayāts, with an intention to make prayer, (not as the Qurān)
or to say any prayer, yet it is mustahab to say any prayer with an ablution. Tafsīrs (interpretations of the Qurān) are like
the Qurān al-kerīm. Other books of dīn
are like prayers. It is not permissible to wrap something in any piece of paper
on which information of fiqh is written. If Allāhu taālās name or names of prophets (alaihim us-salām, may Allahs blessing be on
them all) are written on some paper, things can be wrapped in it only after
erasing the names. But it is more honorable not to use such things as wrapping
papers, for the letters of the Qurān are also sacred. It is written in the
books Hadīqa and Latāif-ul-ishārat, The holy book sent down to
Hadrad Hūd alaihis-salam was in Islamic letters. It is written on the six
hundred and thirty-third page of the second volume of Hadīqa, It is makrūh to lay a carpet, mat, or
prayer-rug on which there are sacred writings made by way of weaving or
painting on the floor and to sit on them and to use them for any purpose. It is
also makrūh to write sacred writings on coins, mihrābs and walls. But it is not
makrūh to hang them on the walls. [The case is the same with the pictures of
the Kaba. Prayer-rugs without pictures or embroideries on them must be
preferred.]
[We repeat that it is
fard in the Hanafī and Hanbalī Madhhabs to wash inside the mouth while making a
ghusl. Then, those who are Hanafī should not have their teeth filled or crowned
unless they strongly need to do so. We must not let our teeth decay. To avoid
this, we must take care of our teeth as commanded by our dīn and we must use
miswāks. Frances valuable medical book entitled Larousse
Illustré Medical writes the following about dental care: All kinds
of tooth paste, powder or liquid are
harmful. The best method for cleaning them is with a hard brush.
Initially it makes the teeth bleed. But you should not fear that. It will
strengthen the gums so that they will no longer bleed. Like everybody, I had
been using toothpaste. Two of my teeth began to decay. But upon reading the
French book I began using a miswāk. My teeth stopped decaying. It was more than
sixty years ago. Ever since then I have had no complaints about my teeth or
stomach. Ibni Ābidīn wrote in Radd-ul mukhtār:
It is sunnat-i muakkada to use a miswāk when performing an ablution. A hadīth-i-sherīf declares: The
namāz which is performed after using a miswāk is
seventy-fold superior to the namāz without a miswāk. A miswāk must
be straight, as wide as the second small finger, and a span long. The miswāk is
derived from a branch of the erāk (peelo) tree growing in Arabia. [Shaving it
about two centimetres from the straight end, you keep this part in water for a
couple of hours. When you crush it, it will open like a brush.] When the erāk
tree cannot be found, a miswāk can be made from an olive branch. You should not
make it from a pomegranate branch. If an erāk or olive tree cannot be found or
if one does not have teeth, the sunnat must be carried out with ones fingers.
The miswāk has more than thirty advantages, which are written in Tahtāwīs Hāshiyatu
Marāq al-falāh. Firstly, it causes one to die with īmān in ones
last breath. It is makrūh for men to chew gum without any udhr (strong
necessity), even when they are not fasting. Women must use chewing gum when
they are not fasting instead of a miswak by intending to do the sunnat.
Question: It is said that all the fuqahā and mujtahids agree that our religion
gives permission to have ones teeth repaired. If they disagree on whether the
repairs will be of gold or silver, does this affect their agreement?
Answer: Having ones teeth repaired means putting a false tooth that can be
taken out whenever one wishes in the place of a missing tooth, fastening a
tooth which is about to fall out, or having ones teeth filled or crowned.
Changing the fatwā of Hanafī scholars (rahmat ullāhi taālā alaihim ajmaīn)
it is permissible to fasten a loose tooth with gold into there is unanimity
about it being permissible to have ones teeth repaired. It is permissible to
have ones teeth filled or crowned means either not to understand the
declaration of the fuqahā or to adapt
these declarations to ones own insidious and base desires, either of which is
both shameful and sinful. Our mujtahids disagreed on whether it would be
fastened with gold or
silver. In fiqh books of the Hanafī Madhhab tying a loose tooth is
called shad or tadbīb. Shad (in Arabic) means to fasten hard
with wire. For example, shadd-uz-zunnār means
to fasten a prietss girdle. It is written in the paragraph about sitting on a
sofa made by tadbīb in the books entitled Durr
ul-mukhtār, which are commentaries of the books Tahtāwī and Hindiyya,
and also in the books Durr-ul-muntaqā
and Jāmiur-rumūz that tadbīb means to
wind a band around something wide and flat like the sliding iron bar of a door.
It is written in Bezzāziyya and in Hindiyya: It is permissible to eat and drink
from containers engraved with gold and silver designs. Yet you must not touch
the silver or the gold with your hands or mouth. The Imāmayn said that it is
makrūh to use such containers. So is the case with a container that has been
made by tadbīb. It is permissible to make tadbīb of a sofa or the saddle of an
animal, but you must not sit on those parts of it consisting of gold and
silver. It is permissible to make tadbīb on the cover of the Qurān. But the
gold and the silver on it must not be touched. Hence it is inferred that
tadbīb does not mean to cover the entire surface of something, but it means to
place a metal band around something. It is written in books of fiqh: It is
permissible to make tadbīb of gold on a loose tooth. This statement means that
it is permissible to fasten a loose tooth with a gold wire or band in order to
prevent it from falling. This is because water penetrates under such teeth.
Furthermore, as todays prostheses can be taken out while making a ghusl, the
tying wires and bands can be removed, cleaned, and replaced after a ghusl.
Otherwise, the food that remains between them would cause stench and damage in
the mouth. To say that they said that it was permissible to crown a loose tooth
is to slander the scholars of fiqh. For, a loose tooth cannot be crowned, but
it can be tied. As seen, a real man of religion would not concoct the fatwā:
It is permissible to crown teeth, by interpreting the word tadbīb as crowning. Books of fiqh do not
contain any passages writing: It is permissible to have decaying teeth filled
or crowned, nor any statement about having them filled or crowned with silver
or gold.
Those who have little information on fiqh and who do not understand
what the mujtahids declared, confuse the statement having an artificial tooth
made or fastening a loose tooth with the statement having ones teeth
filled or crowned. They strive to make the
declarations of mujtahids comprise all these. They say that since there is a
necessity, all of these are permissible. These poor people do not realize that
there is no need for searching for a necessity concerning tying a loose tooth
or for having a movable tooth mounted in place of a missing tooth. A necessity
is searched for when you have to do something that is not permissible to do.
Since it is not prohibited to fasten ones tooth or to mount a false tooth, why
should one look for a necessity? In an attempt to convince Muslims that the
fillings and crowns in their own mouths do not harm their ghusl and seeing that
there is a necessity for fastening the teeth with gold instead of silver wires,
some people seized the great weapon, i.e. the word necessity, and clamoured:
It has been declared unanimously that it is a necessity to have ones teeth
repaired. Thus they confused the Muslims in the Hanafī Madhhab and blocked the
divine way. These people point as a proof to the declaration that the tottering
teeth can be fastened unconditionally. However, the wires tying the teeth
tightly and false teeth can be taken out, cleaned and put back in their places.
The declaration by our savants (rahmatullāhi taālā alaihim ajmaīn) refers to
the wires and the teeth that can be taken out when making a ghusl. It would be
an abominable slander against those great scholars to say that they permitted
such obstacles as crowns and fillings, which do not let water through, while
there is the fact that they declared: It is fard to wash tooth cavities and in
between the teeth when making a ghusl. Those scholars said not only that it
was permissible to use a gold false tooth, but also that it was permissible to
wear a silver ring. Permission to wear a silver ring does not mean that the
skin under it will be exempt from being washed. They said that it was necessary
to moisten the skin under the ring by taking it off or by shifting it. They
said that an ablution or a ghusl would not be sahīh if the skin under a tight
ring was not moistened. Having a tooth crowned is like wearing a ring. Since
the tooth under a filling or crown is not moistened, the ghusl will not be
acceptable.
Question: It is not a
requirement to make water reach very difficult parts while making a ghusl. It
is for this reason that washing inside the eyes, inside the foreskin, and for
women under their plaits, is excused. If a person with a headache cannot make a
masah on his head, making masah on his head is not obligatory
for him. When the teeth are repaired because of
necessity, doesnt the washing of the teeth become non-obligatory?
Answer: There is not a general
rule stating that if some part is haraj (extremely
difficult) to wash it is excusable not to wash it. This rule concerns something
that exists on the body as a result of darūrat or which occurred by itself or
as a result of carrying out a commandment of the Sharīat, and is not something
brought about by an individual.
The great scholars of fiqh and the mujtahids declared different rules
of haraj concerning something done by a person. A severe headache is a darūrat
which occurred by itself. Not being able to touch ones head in this case is
haraj. Therefore, one will be exempted from washing, making masah of, ones
head. Yes, it is declared (by scholars) that after a wound has healed it is not
permissible to make masah on the medicine, ointment, or bandage put over it,
and that it is necessary to remove these and wash (the skin) under them. It is
said (by fiqh scholars) that if there is haraj in removing these things, since
these things are not included in the category of darūrats that occurred by
themselves, the person concerned imitates another Madhhab. In case it is
impossible to imitate another Madhhab, he is exempted from washing under them
because they have been placed there due to some darūrat, that is, to cure the
wound. As a matter of fact, since washing the whole body when making ghusl is
fard (obligatory) in all the other three Madhhabs as well, it is impossible to
imitate one of the other three Madhhabs. When a haraj and a darūrat caused by
the person himself coexist, he imitates one of the other three Madhhabs. And
when it is impossible to imitate one of them, he will be exempted from washing
the problematic part. It is fard for a woman with plaits to moisten only the
bottom of her hair. Ibni Ābidīn (rahmatullāhi taālā alaih) writes: Because
women are prohibited from shaving their hair, they have been excused from
undoing their plaits. Men do not have this necessity. The fact that it is
sunnat for men to cut their hair is written in the fifth volume of Ibni
Ābidīn. For this reason men have to undo and wash their plaited hair. Womens
not
undoing their plaited hair does not prevent men
from undoing their plaited hair. This is beause there is darūrat and haraj in
the former. However, there is no darūrat for men though there is haraj.
There is no haraj (difficulty) in removing artificial teeth while
making a ghusl. They can easily be removed and the skin under them can be
washed easily. The possibility of having artificial teeth that can be removed
while making a ghusl has prevented the crowning or filling of the teeth from
being a darūrat.
Question: Imām-i azam said that
the strong necessity of having ones teeth repaired could be met by using
silver. I read this in an imāms book. The same book writes that Itqānī says
that Imām-i Muhammad may have said as follows: We do not admit that the
necessity of having ones teeth repaired will have been met by using silver.
For something that causes a noxious scent on the nose causes it on the teeth,
too. So, it is quite obvious that having ones teeth repaired is a darūrat,
the book adds. What do you say about this?
Answer: It must be untrue that
the book you have read was written by an imām. A person who conveys the books
of fiqh so incorrectly is either a very ignorant man, an abject liar, or
someone set on deceiving. Notice what Radd-ul-mukhtār
writes in its section called Al-hazar wal-ibāha:
Imām-i-azam discriminated between tying a tooth and making an artificial
nose. As a consequence of the fact that silver would cause a noxious scent if
an artificial nose were made from silver, he said that it was permissible to
have an artificial nose made from gold. The reason is: something which is harām
can be permissible (mubāh) only when there is darūrat. But when silver is used
for the teeth, darūrat will no longer exist. There will no longer be a need for
using gold, which is the best. Itqānī said that in order to help Hadrat Imām-i
Muhammad a person might say: We do not admit that the darūrat in tying the
teeth with gold is eliminated by using silver. For silver will cause a scent on
the teeth as well as on the nose. As it is seen, neither Imām-i azam nor
Imām-i Muhammad rahmatullāhi taālā alaihimā (may Allah increase them both
in rank) said: There is darūrat in having ones teeth repaired. A person who
had crowned teeth fabled this darūrat lest he would be lowered in the eyes of
the Muslims and so that he would have the sympathy of those who had their teeth
crowned. Concerning tying teeth our imāms said: When silver causes a noxious
scent, the darūrat
of fastening with gold occurs. If using silver
does not cause a scent, this darūrat will no longer exist. It is not for us
common men of dīn, who are not mujtahids, to say whether or not there is
darūrat. Our dīn authorizes mujtahids to talk on this matter. Those men of dīn
who are not mujtahids do not have the right to talk on this matter. If they
talk, their words will have no value. Our scholars have declared unanimously
that after the four hundredth year of the Hegira there have not been any
scholars educated in the grade of ijtihād. Finding mujtahids fatwās, our
savants have written them in books of fiqh. It is written clearly in books of
fiqh that a ghusl will not be acceptable when water does not penetrate under
the food remains within tooth cavities and that there is no darūrat or haraj in
this. We have explained this above. For, it is possible to remove the remnants
of food in tooth cavities and between the teeth when you are making a ghusl,
and there is no haraj, difficulty in doing this. It is written in the
translation of Qāmūs: Darūrat either
arises from compulsion, e.g. women growing their hair long the Sharīat has
prohibited them from cutting their hair or it is intended to cure an ailing
limb or to feed the body and protect it against dangers. Or, it is because
there is no other way. And these things become darūrat when it is impossible
to imitate another Madhhab. Only the second type of darūrat can be thought of
in having ones teeth filled or crowned. That is, they are done in order to
save the teeth from decaying, deteriorating, or to prevent severe pain. In this
respect our scholars have given authority not to the ignorant, false, parvenu,
and deceitful men of dīn, but to specialized scientists. On the other hand, no
specialized Muslim doctor has been heard to say: You will save yourself from
loosing your teeth if you get them filled or crowned; you will become sick if
you dont have your teeth crowned or filled. But they have often said to their
patients that their decaying teeth must be taken out and movable false teeth
called prosthesis be put in their place.
A person with a decaying or aching tooth must go to a pious Muslim
dentist. The dentist relieves him from his vehement pain by putting cotton with
medicine into his tooth. Later, the cotton will be taken out; the tooth with
the pain has been relieved. The dentist then gives his patient two
alternatives: The first way, he will say, is to extract the decaying tooth and
replace it with an artificial one; the second way is to kill the nerve attached
to the decaying tooth and to fill or crown it. If the decay in the tooth is
new, it is filled in and the decaying is stoopped for some time. Depending on
the dentists skill, this tooth can be used very well for many long years. In
serious cases filling is impossible. In such cases the tooth root is utilized
by way of crowning. In case the root also has decayed, the tooth is
extracted and a prosthesis is used. A prosthesis
is not as pratical as a crowning, and so is the case with a crowning when
compared with a filling. Crowning or filling does not cure an ailing tooth. Nor
does it restore it to its former healthy condition. It only helps to use the
ailing tooth without suffering pain. When a person with a tooth filled or
crowned imitates the Mālikī or Shāfiī Madhhab, he or she attains the same
thawāb as gained by people without any excuse. If it were impossible to imitate
these Madhhabs, filling or crowning would become a darūrat and his or her
prayers of namāz would be sahīh. Yet, because he or she would have an excuse,
his or her thawāb would be less. As it is seen, imitating another Madhhab not
only causes much thawāb, but also saves the teeth from being extracted.
It would be wrong to assert that filling or crowing your teeth is
darūrat by saying, A tooth is a limb, too. Isnt it darūrat to have a decaying
tooth cured? You yourself said that it was darūrat to tie a loose tooth. But
to crown or fill a tooth does not mean to cure it. It means to remove the nerve
from the decaying tooth and to use the dead tooth like a prosthetic, i.e.
artificial tooth. The artificial tooth is permissible since it is movable,
while crowns and fillings are not permissible since they are not movable.
Today, making prostheses for aching teeth is not very painful or difficult. But
killing the nerve of a tooth causes a lot of pain and trouble. Imitating
Shāfiī is permissible also for one who says, There is haraj in using an
artificial tooth, but there is no haraj in using a crowning or filling. In the
process of time the root of a crowned or filled tooth becomes a home for
microbes and causes various diseases in the other organs. False teeth, on the
other hand, do not produce any microbes.
Those who have gotten their teeth crowned as ornamentation or their
teeth filled without (the cause of) a tooth-ache or decay should imitate the
Shāfiī Madhhab when performing a ghusl. It is written clearly in Ibni Ābidīn at the end of the chapter on the
prayer times that when there is haraj it is not a condition that darūrat should
also exist. We also noted above that it is not darūrat to crown or fill the
teeth due to some ache or decay. Therefore, we should not deem those Muslims
who had their teeth repaired as unclean, nor should we have a bad opinion of
them.
It would be quite wrong to think that the fact that it is mubāh
to use gold on the teeth though gold is harām for
men to use otherwise will show that crowning or even tying the teeth is
darūrat. Though men have been prohibited from using silver utensils, they have
been permitted to wear silver rings. As it would be quite wrong to think that
wearing a ring is necessary because silver rings have become permissible or to
think it is necessary to use gold or silver noses and ears because it is
permissible to use them, so it would be wrong, slanderous and sinful to say
that Islamic scholars agreed on the fact that crowning the teeth was necessary.[1]
As the last and strongest proof, we shall inform you that this faqīr[2] has the (Turkish) Booklet
of Namāz which the profound scholar Sayyid Abdulhakīm Arwasī
(rahmatullāhi taālā alaih), who was an expert in the four Madhhabs along with
their subtle particulars, prepared in his blessed handwriting. He states in the
booklet: In the Shāfiī Madhhab a ghusl has two fards. The first one is
intention. That is, one must think, I intend to make a ghusl in order to
purify myself of janābat, as water first touches each limb, i.e. the hands,
the face, etc. In other words, it is to keep this intention in ones heart
while washing each limb. This intention is not compulsory in the Hanafī Madhhab.
The second fard is to wash the whole body with water. It is also fard to remove
all najāsat, if there is any, from the body. It is not fard in the Shāfiī
Madhhab to wash inside the mouth and nose, that is, to make water reach these
parts. But in the Hanafī Madhhab, it is fard to make water reach these parts.
For this reason, those who are in the Hanafī Madhhab cannot crown or fill their
teeth because in that case water will not reach these parts. Those who have
already crowned or filled their teeth because of darūrat will have to imitate
the Shāfiī Maddhab.
[It is stated in Al-muqaddamat-ul-izziyya,
In the Mālikī Madhhab, if some najāsat falls into clean water in a container,
it is sahīh to use it for ablution or ghusl, yet it is mekrūh. So is the case
with mā-i mustamal (water used for ghusl or ablution). One should enter a toilet
taking the left foot first
---------------------------------
[1] For
the sake of fluency and simplicity in the delivery of our argument, we
have used the word 'necessity' for the technical word 'darūrat', which
in turn is explained at various places in the text.
[2] The blessed Islamic scholar, Husayn Hilmi bin Sa'īd Ishiq 'quddisa sirruh', means himself.
and with something covering ones head. Urine and
excrement of animals with edible flesh are clean. The corpses, bones, nails,
horns, skins of these animals or of human beings, semen, mazī, alcoholic drinks
are all najs (dirty, foul). Namāz on a thick cloth laid on a najs place or when
you are smeared with blood or pus covering an area smaller than a palm, is
sahīh (accepted)[1]. It is fard to make a niyyat before beginning a
ghusl, to make delk of the whole body
[to rub gently with the palm or with a towel], to observe the muwālāt [to wash the limbs one right after
another], to make khilāl of the hair and
beard (to comb them with the fingers), to undo the tightly plaited hair and to
make khilāl of it thoroughly. It is sunnat to wash inside the mouth, nostrils
and ears, and to wash the hair. If one remembers later that one forgot to wash
a certain part on ones body, be it a month later, one washes that part
immediately. If one does not wash it immediately, ones ghusl becomes null and
void. An ablution is made before or after each ghusl.
Also, it is fard (farz) to make a niyyat before beginning an ablution
or when washing the face, to make masah on all the head, on the hanging parts
of the hair, on the beard when it is so scarce that the skin under it can be
seen, to wash the beard that is thick, to observe muwālāt, that is, to wash the
limbs one immediately after the other, and to make delk on the limbs washed
before they become dry. It is unnecessary to undo plaited hair. It nullifies
the ablution to touch ones penis with ones palm or with the inner parts of
the fingers, to doubt whether one has made an ablution or whether ones
ablution has broken, to touch a boys or a nā-mahram young womans skin or hair
with lust. [If one touches them without having a sexual appetite and does not
feel any lust when one touches, ones ablution will not be broken. Those
Shāfiīs who cannot help touching women during their daily life, such as while
walking, travelling on vehicles or shopping, ought to imitate the Hanafī or
Mālikī Madhhab.] Bleeding or other excretions from the body will not break an
ablution. A masah is made on the inner and outer parts of the ears with newly
moistened fingers. Cutting ones nails or having a haircut will not break ones
ablution. There are disagreements on whether cutting
---------------------------------
[1] According to a second
authentic report in the Mālikī Madhhab, najāsat,
regardless of its kind and amount, is not a hindrance to namāz. It is sunnat, not fard, to wash it off.
or shaving ones beard will break ones ablution.
Manual istibrā[1] is wājib. Masah is not made on the mests put on
after making a tayammum. There is not a limit for the duration within which
masah is permissible. The time for the late afternoon prayer lasts until the
time called isfirār. The latest time for the night prayer is the first
one-third of the night. It is necessary for a person staying in Mekka to turn
towards the Kaba and for a person outside of Mekka to turn in the direction of
Mekka (when performing namāz). It is farz to say Allāhu ekber when starting
to perform namāz, to recite the Fātiha (while standing in namāz), to stand
upright at qawma (after a rukū), to sit upright at jalsa (between the two
sajdas), to make the salām to one side in the sitting posture, and to say
As-salāmu alaikum when making the salām. It is a sunnat to recite the
zamm-i-sūra in the first two rakats, to sit in the two tashahhuds (sitting
postures), to recite the tahiyyat and salawāt, and to make the second salām. It
is mustahab to recite the (prayers termed) Qunūt in the second rakat of the
morning prayer, and to raise the pointing finger during the tashahhud (sitting
posture)[2]. When something which is sunnat (to do or say
during namāz) is forgotten, it is necessary to make sajda-i-shaw. It is sunnat
to perform the namāz of Iyd and the namāz of janāza. A fāsżk[3] cannot be an imām. It is permissible to follow an
imām who is in another Madhhab or who has an excuse(udhr).
The distance of safar in the Mālikī Madhhab is the same as it is in the
Shāfiī Madhhab, that is, it is eighty kilometres. In a safar (journey) that is
not sinful, it is sunnat to perform two rakats of those farz prayers that have
four rakats. One becomes muqīm
---------------------------------
[1] Lexical meaning of 'istibrā' is 'to exert yourself, to free
yourself from something disagreeable or impure'. In the Islamic branch of Fiqh,
it means 'after urination, to make sure that there is no urine left in the
urethra lest it should drop into your pants afterwards and dirty them and break
your ablution'. Istibrā is done by gently squeezing urine drops out of the
penis (manual istibrā), by walking up and down for a while (about twenty
minutes), or by lying on your left-hand side for a while. Istibrā has yet
another meaning in the branch of Fiqh, used in matters pertaining to conjugal
relationships. It is extraneous to the subject being dealt with.
[2] Please see the thirteenth chapter of the third fascicle of Endless
Bliss.
[3] Fāsiq means a Muslim who commits sins habitually and
frankly. Please see the tenth chapter for a more detailed definition.
(settled) at a place where one intends to stay for four days. It is mekrūh for a musāfir and a muqīm to be an imām for each other. Those Hanafīs who imitate the Mālikī Madhhab, can be imām for one another whether they are muqīm or musāfir. It is better not to make jam of the two prayers of namāz (not to perform them one right after the other within the time allotted for either one of them)[1]. It is sunnat to say the Takbīr-i-teshrīk[2] after the Witr prayer and after the farz of each of the fifteen prayers of namāz during the Bayram (Iyd). To imitate another Madhhab while performing a certain act of worship does not mean to leave your own Madhhab. It means to observe the fards and mufsids in that Madhhab, (i.e. to obey the rules that the second Madhhab you are to imitate has established concerning that act of worship and to avoid doing whatsoever the second Madhhab has pronounced to be detrimental to that act of worship.) In wājibs, makrūhs, and sunnats, you follow your own Madhhab. Suppose a Hanafī Muslim imitating the Mālikī Madhhab makes a long-distance journey[3] with the intention of spending four days at his destlnation (and he stays there for four days). He performs all four rak'ats of those fard prayers, (the fard parts of early and late afternoon prayers and that of night prayer,) which consist of four rak'ats, since it is fard to do so (in the Mālikī Madhhab, which he has been imitating, when his sojourn exceeds three days). Because it is makrūh in the Mālikī Madhhab, and sunnat in the Hanafī Madhhab, for a musāfir, (i.e. Muslim making a long-distance journey,) to perform a namāz in jamā'at conducted by an imām who is muqīm, (i.e. who is not a musāfir,) or to conduct, as the imām, a namāz in jamā'at joined by Muslims who are muqīm, in either case he may follow his own Madhhab and perform the so-called prayer (in jamā'at). Performing a certain act of worship by imitating one of the other three Madhhabs is conditional on there being a haraj (difficulty, predicament) in your own Madhhab. Such imitation is not allowable in the absence of a difficulty.]
It is not taqwā for those who have had their teeth crowned or
---------------------------------
[1] This
statement does not mean that they must not be performed at all. It means that
it is better to perform each prayer in its prescribed
[2] To say "Allāhu ekber, Allāhu ekber, lā ilāha il-l-Allāhu wallāhu ekber, Allāhu ekber wali-llāh il hamd." Please see chapter 22.
[3] Please see chapter 10 for the definition of 'making jem' of two prayers.
filled because of some darūrat to imitate the
Mālikī or Shāfiī Madhhab in ghusl, ablution, and in namāz. Imitating another
Madhhab is a way of fatwā, a remedy for a difficulty. The zindīqs have been
neglecting many of the fards by using such statements as There is no
difficulty, only facility in the dīn as a weapon. The true meaning of this
statement is: It is easy to do all the commandments of Allahu taālā; He has
not commanded anything difficult. Contrary to what those with weak īmān say, it
does not mean that Allahu taālā will forgive the things that come difficult to
the nafs or that everybody must do what comes easy to him or that He is so
compassionate that He will accept them all. Imitating the Shāfiī or Mālikī
Madhhab because of the teeth is not a difficulty, it is a facility.
Because calcifications called tartar are formed spontaneously by
glandular emissions around the root of the teeth, and since there is no
medicine to prevent this, there is darūrat here. In all the four Madhhabs, it
is not necessary to wash under the tartar that is impossible or hard to remove
because it is considered similar to the boil on the skin, a crust or pellicle
formed on a wound. There is no need to imitate another Madhhab.
They say, The problem of crowning and filling the teeth has been
solved, the fatwā has been given that they are permissible. The matter has been
settled. It has been conveyed that they are not harmful. They have been giving
the name fatwā to subversive propaganda which those politicians and turban-wearing
freemasons who had infiltrated into the religious sphere and interfered with
the religious matters during the Party of Union spread in order to slander
great religious scholars and to defile religious knowledge. The fatwā book
entitled Majmūa-i jadīda writes in its
second edition, which was printed in Istanbul in
1877. If he had given the so-called fatwā, it
should exist in the first edition of the book. It is written in the preface of
the second edition: Commanded by the times Shaikh-ul-Islām, Mūsā Kāzżm, we
have added several fatwās that are not in the first edition. While the name of
the fiqh book from which each fatwā is derived, together with what it
communicates, is appended to the fatwā, no such references are given with the
abovementioned fatwā on teeth. We must be vigilant so as not to undermine our
īmān and worships by believing novel writings and fatwās such as these which
have been prepared insidiously in order to mislead Muslims.
We do not want to say that the ghusl and the namāz of those who have
had their teeth crowned or filled will not be sahīh. We want to say that by
imitating the Mālikī or Shāfiī Madhhab the ghusl and the namāz of those
Hanafīs will be sahīh who have had their teeth crowned or filled. We want to
show the easy way, the right way to our brothers in Islam who are in this
situation. We do not say you should not crown or fill your teeth. We do not
advise you not to perform namāz behind an imām who has crowns or fillings,
either. See also Chapter 23, p.295. We state the facility shown by religious
superiors to those who have crowns and fillings. We write at length for those
who are in the Hanafī Madhhab and who want to worship as prescribed by their
Madhhab, that is, for those who esteem the Madhhabs highly. We do not write for
those who slight the books of the Madhhabs and who want to worship according to
their own minds, opinions and thoughts. Ibni Ābidīn (rahmatullahi alaih),
while explaining Ramadāns crescent, states: Many of the ahkām change with
changing times (conditions). When there is haraj, daīf riwāyat is acted upon.
It is understood from this (statement) that the changing of ahkām (rule of
Islam) with time means that when one is in a difficult situation one can act
upon the non-mashhūr (not widely known)
ijtihāds of the Madhhab scholars. It does not mean that everyone should do what
comes easy for him. It is written on the hundred and ninetieth page of the
third volume of Durr-ul-mukhtār: A
person who goes out of his Madhhab is to be punished with tazīr; that is, he is thrashed and imprisoned.
The
Fatwā of Sirājiyya states the same. Ibni Ābidīn writes on this
subject: It is feared that a person who abandons his Madhhab for worldly
advantages may die without īmān.
For those who have had their teeth crowned or filled to imitate the
Shāfiī or Māliki Madhhab does not mean to leave the Hanafī Madhhab or to
change their Madhhab. They obey the conditions and mufsids in the Shāfiī or
Māliki Madhhab along with the Hanafī Madhhab only in ghusl, ablution and namāz.
It is stated in the chapter about ablution in Ibni
Ābidīn and in the two hundred and eighty-sixth letter of
Imām-i-Rabbānīs Mektūbāt that it is
mustahab for those who do not have an excuse to observe the fards and mufsids
of another Madhhab. While something is permissible in the Shafiī and Mālikī
Madhhabs but not in the Hanafī Madhhab, a Hanafī Muslim cannot act upon it
without any darūrat or haraj. For example, a healthy person, or someone who is
in the Hanafī Madhhab but who is imitating the Mālikī Madhhab because he has a
crowned tooth, has to renew his ablution in case of a bleeding on his skin or
if he discharges (even a drop of) urine. He performs the witr as wājib. He
cannot be considered a traveller at a place less than
If there is a darūrat and a haraj in the other three Madhhabs, too, it will be permissible not to do that thing at all. If there is a haraj in taking out the bandage on a wound and washing the wound, for instance, one will be exempted from washing the wound (when making an ablution or a ghusl). It is not permissible for us who are not mujtahids but muqallids to interpret āyats and hadīths and act upon our own understanding by saying that the Sahāba did so. When beginning to explain the tahārat, Ibni Ābidīn states, It is not necessary for a muqallid to inquire about the proofs and documents for the information coming from a mujtahid.] [See Endless Bliss II, Chapter 34].