Logical Progression!

 

قصيدة كتبتها ثناء على الدكتور محمد مرسي الرئيس المصري – أبو عبدالله الجبوري

قصيدة كتبتها ثناء على الدكتور محمد مرسي الرئيس المصري وخطبته في مؤتمر قمة عدم الإنحياز في إيران وثنائه على الخلفاء الراشدين ودعمه الواضح لأهلنا في سوريا. وكيف حرف الإيرانيون الترجمة وحذفوا ذكر الخلفاء الراشدين

قُلْها صَريحاً وخَلِّ القومَ في لَهَبِ . وارْفَعْ بِها الصَّوتَ يا صَمْصامَةَ العَرَبِ

واشْفع بقَولٍ أتى كالسَّيلِ مُندَفِعاً … فِعلاً يَجيشُ على الأعداءِ بالكُرَبِ

واجْعَلْ رُؤوسَ العِدى في كُلِّ ناحيةٍ … تلوذُ خَوفاً من الأبطـالِ بالهَرَبِ

حَتّى تُزالَ عن الإسـلامِ لَـوْثَتُهم … كما يُزالُ سُعـارُ الكَلْبِ بالتُّرَبِ

لا تَطْلُبُ الجِنُّ شيطـاناً لتَـرْفَعَـهُ … إلاّ أتَتْـهُ جُنـودُ اللهِ كالشُّهُبِ

قُلها صَريـحاً ولا تَأْبَـهْ لنـاعِقةٍ … قَد لَفَّها الكُفرُ بالآفاتِ والجَرَبِ

حُيِّيـتَ يا رَجُلاً لم يَحْنِ هـامَتَهُ … إلاّ لِمَنْ أَكْرَمَ الإنسـانَ بالكُتُبِ

دَبَّجْتَ قَولَكَ بالأصحابِ تَمْدَحُهُم …حتى سَبَقْتَ فُحولَ الشِّعرِ بالخُطَبِ

لكِنَّهُم حَرَّفوا ما قُلْتَ واقْتَـرَفوا …  خِزْيـاً تَرَدِدُهُ الأيّـامُ من عَجَبِ

مُرْسِيُّ أنتَ قَصَفْتَ اليـومَ باطلَِهُم …قَصْفَ الصَّواعِقِ نيراناً من السُّحب

ياشَعْبَ مِصْر رأينا اليومَ قائدَكُم … كالسَّيفِ يَهوي على عَبّادَةِ النُصُبِ

قُوموا إلى الخَيلِ ولْتُسرَجْ على عَجَلٍ … فما بَقَى أَحَدٌ في الشّامِ لمَ يُصَبِ

مَنْ للمساجِدِ قَدْ دُكَّتْ مـآذِنُها … مَنْ للعَذَارى وقَدْ قُتِّلْنَ في الحُجُبِ

مَنْ للثكالى وَقَدْ ناحَتْ نَوائِحُها … حتى أَجابَ السُّهى والعُرْبُ لَمْ تُجِبِ

ربّـاهُ غوثـاً فإنَّ الأهلَ في مِحَنٍ … نـاراً تُـؤجِجُها حَمّـالةُ الحَطَبِ

إيرانُ والصينُ والروسُ التي جَمَعَت … كُلَّ الخبائثِ من كُفْرٍ ومن عَطَبِ

لا تُبْقِ يـاربِّ مِنهُمْ أيَّ بـاقيـةً … واحفَظْ حَواضِرَنا من سُوءِ مُنقَلَبِ

كتبها أبو عبدالله الجبوري

‏الجمعة‏، 14‏ شوال‏، 1433 هـ الموافق 31‏ آب، 2012 م

 

Distinguishing the True Dawn from the False Dawn

As the debate surrounding Fajr and Suhūr times returns once again, confusing many people due to the natural twilight difficulties during this season as well as the differing opinions of the scholars on the issue, I am releasing the edited translation by Shaykh Kehlan al-Jubury of the small booklet below authored by the famous Mūhammed Taqi’l-Dīn al-Hilāli of Noble Qur’an fame.

The aim was to educate readers on the realities of what Fajr actually should look like, as well as cultivate the ethos that we should espouse during such times of doubt. Instead of trying to find scientific solutions at a time of the year which produces neither the science nor the solution – such as Fajr times of 2am when it is patently clear there is no such start of true Fajr in the sky – one hopes that people will not let doubt ruin their fast and have confidence in following a more natural and obvious reality of actual visual observation.

Indeed one of the aims of the translation below is to try and encourage Muslims to become more involved in the Sunnah of actually trying to determine prayer times by visual observation as opposed to getting drawn into never-ending debates surrounding 18 degrees and 15 degrees and various sectarian divisions, which all ultimately produce fasting-end and prayer times that still leave us in utter darkness – both intellectually and literally speaking outside in the night.

How can it be that we are using such figures/angles calculations when we still have a clearly defined day, and a clearly defined night? How can we continue to rely on decades-old visual observations based on the disappearance/appearance of the whiteness of the twilight when the majority of classical scholars considered the sign to be the redness of the twilight? How can we depend on a system which sets universal angle theories of 18/17/15 degrees when these are based on stable equatorial regions whereas our much higher latitudes throw these figures into disarray? How can we be confident in the reflections of modern-day scholars who ruminate that “the signs of Fajr” arrive 3-4 hours before Sunrise and yet there is not even a hint of the redness in the dawn which is required by the statement of the Prophet (ṣallallāhu ‘alayhi wa sallam) ?

It is due to these questions that we respectfully disagree with the statements of those scholars who have taken their positions based on calculations or 18 degrees etc, and we offer our simple advice only for those who wish to take it whilst not in anyway wanting to cause either any fitnah or discord amongst our ranks.

For those unable to understand the paper below and/or are not students of knowledge, I will summarise my Ramadhan 2012 advice to those of you in the UK, Europe and Canada with the following statement:

During such times of doubt when the Fajr is not seen to enter clearly due to the pre-existing levels of twilight in the sky, we are acting on Fajr entering approximately 70-80 minutes before Sunrise. This is based on our own observations in the UK last year as well as what has been witnessed this year.

But because of the doubt, we hold it to be acceptable that one stops eating Suhur perhaps 90-100 minutes before Sunrise (note that Shaykh Kehlan wishes to set the Suhur end-time to 80 minutes before Sunrise), and that he/she delays the Fajr prayer until 60 minutes before Sunrise so that one is absolutely sure it has entered.

Therefore you can use these numbers of minutes, and just subtract them from your local Sunrise times wherever you may be.

Wallahu a’lam.

AE

Written by Sheikh Dr. Muḥammed Taqi’l-Dīn al-Hilāli al-Maghribi, raḥimahullāh

Translated by Sheikh Dr Kehlan al-Jubury

With the name of Allāh, The Compassionate, The Merciful

All praise be to Allāh, the one who made happiness in this life and in the Hereafter, specifically for those who follow His straight path, clinging to His book and the Sunnah of his honourable Prophet. May Allāh send salutations upon him, his family, his companions and those who follow him. O Allāh, Lord of the Worlds, make us among them as well!

To proceed:

The most desperate slave in need of the mercy of the Greatest and Ever High, Mūhammed Taqi’l-Dīn, the son of ‘Abd’l-Qādir al-Hilāli says:

I spent my youth and the time after, including some of my old age, in the East and when I returned to Morocco because of the trouble that took place in Iraq in the year 1379 AH (1958), I discovered after a lot of research, checking and repeated observations from those who have good eyesight (and I was with them at that time and able to see the dawn without hardship in those days) that the Moroccan timing for the Fajr Adhān did not agree with the correct Islamic timing. That is because the Mu’adhdhin calls to prayer before the true Islamic dawn. His call at that time does not make Fajr prayer permissible and also does not prohibit eating for the fasting person.

I began giving fatwa according to this and still act upon it to this day. In Ramaḍān from this year 1394 AH (1974), some of our brothers fell into confusion. The reason for this was because a brother – who is a preacher – visited Morocco in Ramaḍān. Some people from those who accompanied him claimed that he said the Islamic dawn was in agreement with the Moroccan dawn timing; but a trustworthy brother known to me told me that the preacher actually found that the difference between the Islamic dawn that can be seen with the eyes and the Moroccan time (observed outside the city, in an open field) was about 13 or 15 minutes (the doubt is from the brother I know).

So this narration is clearly contradictory. If what they said is correct – that the Islamic dawn and the Moroccan dawn are in agreement – then this is a mistake that can be identified by everyone who knows the Islamic dawn and he has eyes that he can see with (it is obvious that in countries where there are a lot of clouds and fog, that the people do not know the dawn, which also includes those who live in the desert but are not keen in such matters).

If one wants to know the Islamic dawn, then he must do two things:

Firstly he must study the Prophet’s (ṣallallāhu ‘alayhi wa sallam) statements which differentiate between the false dawn and the true dawn, and then the statements of his companions, the second generation and the great Imams.

Secondly, he has to be from those people who are used to seeing the dawn, such as a Mu’adhdhin or a person who travels a lot in the desert.

To explain the first part, I am writing this book and calling it the explanation of the true dawn and distinguishing it from the false dawn through evidences.

To begin, we must explain what Allāh Almighty said in Sūrat’l-Baqarah, verse 187:

وَكُلُواْ وَاشْرَبُواْ حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الأَبْيَضُ مِنَ الْخَيْطِ الأَسْوَدِ مِنَ الْفَجْرِ

“Eat and drink until the white thread of dawn becomes distinct from the black.”

Ibn Kathīr explained this āyah using different statements of the Prophet (ṣallallāhu ‘alayhi wa sallam):

The first Ḥadīth has been narrated in the two authentic books (Bukhāri and Muslim) from the narration of al-Qāsim from ‘Ā’ishah that the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) said: “Let the Adhān of Bilāl not prevent you from your Suḥūr (pre-dawn meal) because he calls it in the night, so eat and drink until you hear the Adhān of Ibn Umm Maktūm because he doesn’t call the Adhān until the Fajr starts.” This is the narration of Bukhāri.

We understand from this narration and other narrations with similar meanings that the Prophet (ṣallallāhu ‘alayhi wa sallam) used to have two people giving the Adhān during Ramaḍān: one of them who could see, which was Bilāl, and the other was a blind man known as Ibn Umm Maktūm. The Prophet (ṣallallāhu ‘alayhi wa sallam) had appointed the Mu’adhdhin who could see to alert the people that the dawn was close and it used to be done at night, i.e. before the start of the Fajr, whereas he appointed the blind Mu’adhdhin to call for Fajr after the Fajr began. So what was the intention of the Prophet (ṣallallāhu ‘alayhi wa sallam)?

If we think about this with deficient minds it would seem apparent to us that the Mu’adhdhin that can see (i.e. Bilāl) should do the last Adhān. He has more right to do so than the blind Mu’adhdhin, because he can see the beginning of dawn with his eyes and call the Adhān on time in order that the people will stop eating and drinking from the beginning of Fajr. The blind Mu’adhdhin should be the one who calls the people during the night so that they will know simply when the dawn is close by.

But the Prophet (ṣallallāhu ‘alayhi wa sallam) did the opposite; he appointed the blind man as the caller of the Adhān to prohibit food and drink and the start of the Ṣalāh. He therefore intended – without doubt – to make things easier for his nation and not harder. So whoever makes things restricted and difficult when Allāh and His Messenger have made then easy and spacious, then he is in the wrong.

The statement of Allāh, subḥānahu wa ta‘ālā: “Until it becomes distinct”, is in agreement with the statement of the Prophet because He did not say until the dawn comes out, but He said until you people can see it clearly in a way that no one has doubt about it and the explanation of that will come shortly, in shā Allāh.

In a narration by Bukhāri and Muslim, it states: “…‘so eat and drink until Ibn Umm Maktūm calls the Adhān,’ and he was blind, and would not call the Adhān until it was said to him ‘It’s morning! It’s morning!’”, so reflect upon this meaning if you are among those of understanding.

The second Ḥadīth: Ibn Kathīr said: Imām Aḥmed said: and he mentioned the chain from Qais Ibn Ṭalq from his father that the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) said: “The dawn is not that which is vertical in the sky but it is that which is red and horizontal”. This is also narrated by al-Tirmidhi. His narration states: “Eat and drink and don’t worry about the clear vertical (dawn), but eat and drink until you see the red and horizontal (dawn/light).” Then Ibn Kathīr mentioned different narrations from Ibn Jarīr (the Imām of the scholars of Tafsīr), for this Ḥadīth:

The first narration: from Samurah Ibn Jundub that he said: the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) said: “Do not be deceived by the call of Bilāl, wait until the dawn ‘explodes’.”

The second narration: from him that the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) said: “Do not be deceived by the call of Bilāl and do not be deceived by the white column of dawn, until it spreads (across the horizon).”

The third narration is narrated by Muslim in the same way it was narrated by Ibn Jarīr.

The fourth narration which was also from Ibn Jarīr: from Muḥammed Ibn Thawbān who said: The Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) said: “The dawn is of two types – one that is like the tail of the Sirḥān which does not prohibit anything, and then the one that spreads across and covers the horizon. This (latter) is the one which permits the prayer and prohibits food.” This is a good Mursal Ḥadīth.

(Muḥammed Taqi’l-Dīn said) The tail of the Sirḥān means the tail of a wolf because it lifts up and becomes vertical, similar to the false dawn.

Another narration from ‘Abd’l-Razzāq with his chain of narration mentions from Ibn ‘Abbās that he said: “There are two dawns. As for the one which is clear in the sky, that doesn’t permit or prohibit anything. But the dawn that lights the top of the mountains is the one that prohibits drinking.”

‘Aṭā’ said: “As for that dawn that is clear and its light goes vertically to the sky, it does not prohibit drinking for the person, and the Ṣalāh is not allowed based on it and the Ḥajj is not missed because of it. But if it is spread across the top of the mountains, then drinking is prohibited and the Ḥajj is missed.” These are authentic chains to Ibn ‘Abbās and ‘Aṭā’, and are similar to other narrations from more than one of the Salaf, may Allāh be merciful to them.

(Muḥammed Taqi’l-Dīn said) The meaning of ‘the Ḥajj being missed’ is that the person who is doing Ḥajj but misses standing at ‘Arafah during the 9^th day of Dhu’l-Ḥijjah and he stands during the night before the true Fajr, then his Ḥajj is correct. But if he reaches ‘Arafah after the true dawn then there is no Ḥajj for him in that year.”

Some Aḥādīth from the Jāmi‘ of Imām al-Tirmidhi, with its Explanation by Our Shaykh ‘Abd’l-Raḥmān al-Mubārakpūri, raḥimahullāh:

The first Ḥadīth: al-Tirmidhi said, with his chain from Zayd Ibn Thābit who said: “We had our Suḥūr with the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) and then we stood up for Ṣalāh. I asked, “How long was that?” He said, “About 50 verses.”

(Muḥammed Taqi’l-Dīn al-Hilāli said) The Salafi scholar Abu ‘Alī al-Ḥabīb Ibn ‘Alī al-‘Alawi said that he recited 50 verses in two minutes. According to this, the time between the Suḥūr of the Prophet and the Fajr prayer used to be two minutes, or could perhaps be five minutes, but those ignorant of the Sunnah consider eating five minutes before Ṣalāh time as invalidating the fast. This issue will soon increase in clarity, in shā Allāh.

Al-Tirmidhi then said: “There are other narrations in this subject from Ḥudhayfah.”

Abu ‘Īsa (al-Tirmidhi) said: “The Ḥadīth of Zayd Ibn Thābit is sound and authentic, and is acted upon by al-Shāfi‘ī, Aḥmed and Isḥāq. They recommended the delaying of the Suḥūr.”

The second Ḥadīth: al-Tirmidhi said with his chain to Ṭalq Ibn Ali, that the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) said: “Eat and drink and don’t worry about the clear and vertical, but eat and drink until you see the red horizontal.”

(Muḥammed Taqi’l-Dīn said) We understand from this Ḥadīth that the false dawn that precedes the true dawn, is pure white and it is goes from the earth to the sky and that does not prohibit eating for a fasting person, nor does it permit the Fajr prayer. The true dawn, which is horizontal across the horizon, with redness, comes before the sunrise and this is the one which prohibits food and permits the prayer.

Our Shaykh explained fifty verses as being medium, not long and not short, and the recitation is also medium, not fast and not slow. He attributed that to al-Ḥāfidh (Ibn Ḥajr).

The third Ḥadīth: our Shaykh said the Ḥadīth of Hudhayfah is narrated by al-Taḥāwī, in his book Sharḥ Ma‘ānī al-Āthār, from the narration of Zirr Ibn Ḥubaysh who said: I had my Suḥūr, and I rushed to the mosque; I passed by the house of Ḥudhayfah, and I entered it. He commanded that his she-camel be milked and a pan to be heated, and he told me, “Eat.” I replied, “I want to fast.” He said, “And I also want to fast.” We ate, and then we drank and then we came to the mosque and offered the prayer that had just started. Ḥudhayfah said, “That’s how the Messenger of Allāh did with me, or that’s how I did with the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam).” I asked, “After the dawn?” He said, “After dawn, but the sun hadn’t risen yet.” This is also narrated by al-Nasā’ī and Aḥmed.

(Muḥammed Taqi’l-Dīn said) We say to the amateur and careless people, what do you say about the fasting of Prophet Mohammed (ṣallallāhu ‘alayhi wa sallam)? Was it valid or invalid?  If you say it was valid then it is now clear that what you previously said is wrong i.e. that it is compulsory to make up your fast if you eat after the Moroccan whistle, although it whistles at night, before the true and even the false Fajr!

Ma‘mar, Sulaymān al-A‘mash, Abu Mijlaz, and al-Ḥakam Ibn ‘Utaybah all said that it is permissible to have Suḥūr as long as the sun doesn’t rise. Their evidence was the Ḥadīth of Ḥudhayfah as mentioned by Imām al-Tirmidhi.

It is narrated from Ibn Jurayj: I said to ‘Aṭā’, “Is it disliked to drink whilst I am at home and I don’t know if the Fajr has started?” He said, “That isn’t a problem, it is a doubt.”  Ibn Abi Shaybah said, “Abu Mu‘āwiyah told us from al-A‘mash from Muslim that he said, “They did not used to consider the dawn as your dawn; they used to consider the dawn which filled the houses and roads.”

Ma‘mar used to delay his Suḥūr so much that the ignorant claimed his fast was invalid. Sa‘īd Ibn Manṣūr, Ibn Abi Shaybah and Ibn al-Mundhir narrated from Abu Bakr al-Ṣiddīq, with numerous chains, that he ordered the door to be closed so that he did not see the dawn. Ibn al-Mundhir narrated with an authentic chain from ‘Alī, may Allāh be pleased with him, that he prayed Fajr, then he said, “Now is the time when the black and white threads are distinguished.”

This led Ibn al-Mundhir to say: “Some of them said that the meaning of the whiteness and the blackness of the dawn is when the whiteness spreads in the roads, streets, and houses.” He narrated with an authentic chain from Sālim Ibn ‘Ubayd al-Ashja‘ī (one of the companions of the Prophet) that Abu Bakr said to him, “Go out and see if the dawn has begun.” I looked and then came to him and told him, “It has become white and clear.” Then he said, “Go out and see if the dawn has begun.” I looked and replied, “It has become horizontal.” Then Abu Bakr said, “Now give me my drink.”

He narrated from Wakī‘ from al-A‘mash, who said, “If I was not afraid that I would become famous, I would pray Fajr then have my Suḥūr.” This is in (the books) ‘Umdat’l-Qārī and Fatḥ’l-Bārī.

Ibn Ḥazm in al-Muḥalla said: It is not obligatory, neither in Ramaḍān, nor at any other time except when the second dawn becomes clear, and as long as it doesn’t become clear then eating and drinking and intercourse is permissible. This is all in the case of the one who is in doubt that the dawn hasn’t begun, or if he is sure that it has not begun.

Then he mentioned the verse of Sūrat’l-Baqarah that we mentioned earlier. He said after that, and I quote, “Because Allāh Almighty made it permissible to have intercourse, eat and drink until we see clearly the dawn, Allāh Almighty didn’t say until the Fajr begins, and he didn’t say until you have doubts about the Fajr. So it is not permissible for anyone to say or obligate the fast unless it becomes clear to that person.”

Then Abu Muḥammed (Ibn Ḥazm) said: “It is narrated with an authentic chain, that eating after the beginning of the dawn is permissible as long as the person who intends to fast has not clearly seen it.”

Then he mentioned with a chain to Zirr Ibn Ḥubaysh that he said to Ḥudhayfah, “What time did you have your Suḥūr with the Prophet (ṣallallāhu ‘alayhi wa sallam)? He replied, “It was during the day but the sun had not come out yet.”

He also narrated, with his chain to Abu Hurayrah that he said, “The Messenger of Allāh peace be upon him said, “If any of you hear the call to Ṣalāh and the cup in his hand, he should not put it down until he is full from it.” Then Ibn Hazm narrated with his chain from Abu Bakr al-Ṣiddīq that he said, “If two men look at the dawn and one of them has doubt, they should both eat until both of them clearly see it.”

He also narrated with his chain, to Sālim Ibn ‘Ubayd that he said, “Abu Bakr used to say to me, “Stand up between me and the dawn until I have my Suḥūr.”

Sālim Ibn ‘Ubayd is al-Ashja‘ī from the city of al-Kūfah and from the companions of the Messenger (ṣallallāhu ‘alayhi wa sallam), and this is one of the most authentic chains possible.

Then he (Ibn Ḥazm) narrated, with his chain from Abu Qilābah that Abu Bakr Al-Ṣiddīq used to say, “Close the door until we have our Suḥūr.” Then he narrated from Ḥammād Ibn Salamah from Abu Hurayrah, that he heard the call to the prayer whilst a cup was in his hand and he said, “I acquired it by the Lord of the Ka‘bah.”

He then narrated from Ibn Jarīr, from Ibn ‘Abbās, that he said, “Allāh permits drinking as long as you have doubts.” Then Ibn Ḥazm narrated from ‘Ikrimah that Ibn ‘Abbās said, “I have doubts by Allāh, give me something to drink.” And he drank.

Then he narrated with his chain from Makḥūl al-Azdī, that he said, “Ibn ‘Umar took a container of Zamzam and said to two men, “Has the dawn begun?” One of them said, ‘It has began,’ and the other said, ‘No it hasn’t,’ so Ibn ‘Umar drank.

He narrated with his chain, from Ḥabbān Ibn al-Ḥārith that he had his Suḥūr with ‘Alī Ibn Abi Ṭālib and both of them intended to fast, and after he finished he told the Mu’adhdhin to do the Iqāmah for the Ṣalāh.

He also narrated with his chain from Ibn Abi Shaybah from ‘Āmir Ibn Maṭar that he said, “I came to ‘Abdullāh Ibn Mas‘ūd, in his house, and he took out for us his leftover Suḥūr. We had our Suḥūr with him and the Ṣalāh started. We came out and we prayed with him.”

Also from Khubayb Ibn ‘Abd’l-Raḥmān that he said, “I heard from my aunty that she accompanied the Prophet (ṣallallāhu ‘alayhi wa sallam) and that he said, “Ibn Umm Maktūm used to call to the Ṣalāh at night, so eat and drink until Bilāl calls it. And Bilāl sometimes calls at night so eat and drink until Ibn Umm Maktūm calls it.” One of them used to come down and the other used to come up, and she said, “We used to hold on to him asking him to wait until we had eaten our Suḥūr.”

It is narrated from Muḥammed Ibn ‘Alī Ibn Ḥusayn: “Eat until the Fajr become clear to you.”

It is narrated from al-Ḥasan: “Continue to eat as long as you are in doubt.”

It is narrated from Ibn Mijlaz: “The high (light in the sky) is the false dawn but the true one is clear and horizontal.”

It is narrated from Ibrahīm al-Nakhaʿī: “The horizontal and red (light) permits the prayer and forbids food.”

It is narrated from Ibn Jurayj that he said to ‘Aṭā’, “Do you dislike it if I drink whilst I am at home and I am not sure if the Fajr has begun?” He said, “There is no problem with that. This is a matter of doubt.”

On the authority of Ibn Abi Shayba who said, “Abu Mu‘āwiyah told us while we were with al-A‘mash, on the authority of Muslim, that he said, “They were not considering the Fajr as your Fajr; they consider the Fajr when it fills the houses and streets.”

It is narrated from Abu Wā’il, that he had his Suḥūr and he went to the mosque and the Ṣalāh has started.

It is narrated from Ma‘mar, that he delayed the Suḥūr so much, that the ignorant would say that his fast was invalid.

‘Alī (Ibn Hazm) said, “We have mentioned in this subject those who had their Suḥūr thinking it is night but it was day and they did not believe that they had to make it up.”

Abu Bakr, ‘Umar, ‘Alī, Ibn ‘Umar, Ibn ‘Abbās, Abu Hurayrah, Ibn Mas‘ūd, Hudhayfah, the Aunt of Khubayb, Zayd Ibn Thābit and Sa‘d Ibn Abi Waqqāṣ are eleven Companions – it is not known from any other of the Companions that they differed with them on this, may Allāh be pleased with all of them. The only thing we see is a weak narration on the authority of Makḥūl from Abu Sa‘īd al-Khudri but they never met one another (thus the narration is weak), and also on the authority of Yaḥyā al-Jazārī from Ibn Mas‘ūd but they also never met one another.

From the Tābi‘īn (the second successive generation after the Prophet) in support of the above: Muḥammed Ibn ‘Alī, Abu Majliz, Ibrāhīm, Muslim, the students of Ibn Mas‘ūd, ‘Aṭā’, al-Ḥasan al-Baṣrī, al-Ḥakam Ibn ‘Utaybah, Mujāhid, ‘Urwah Ibn al-Zubayr and Jābir Ibn Zayd.

The Sunan of Abu Dāwūd and its Explanation

Abu Dāwūd said, “On the authority of ‘Abdullāh Ibn Sawādah al-Qushayrī, from his father who said, “I heard Samurah Ibn Jundub giving a speech saying, “The Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) said, “Let the Adhān of Bilāl not prevent you from your Suḥūr, nor the whiteness of the horizon which is like this i.e. vertical, until it spreads across everywhere (yastaṭīr).”

This was also narrated by Muslim and al-Nasā’ī. Al-Khaṭṭābī said, “The meaning of yastaṭīr is when the dawn covers the horizon and its light spreads there.

 

The poet said:

وهان على سراة بني لؤي … حريق بالبويرة مستطير

It was easy to the sons of Lu’ay … A Mustaṭīr (spread) flame in al-Buwayrah

Abu Dāwūd also narrated from ‘Abdullāh Ibn Mas‘ūd that he said, “The Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) said, “Let not the Adhān of Bilāl prevent you from your Suḥūr because he calls the Adhān in order that those of you who are awake (and praying) can now rest and those who are asleep can wake up; and the dawn is not like this. Yaḥya al-Qaṭṭān put his hands together and he pointed with his two fingers.” This is narrated by al-Bukhāri and Muslim.

‘Adīyy Ibn Hātim narrated that when this āyah was revealed: “Eat and drink until the white thread of dawn becomes distinct from the black,” he said, “I took black and white threads, and I put them under my pillow, and I looked and I couldn’t distinguish between them. I mentioned that to the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam) and he laughed, and said, “Your pillow must be so wide and long then! This is referring to the night and the day.”

‘Uthmān Ibn Abi Shaybah said, “It is the darkness of the night, and whiteness of the day.” This is narrated by al-Bukhāri, Muslim, al-Tirmidhi and al-Nasā’ī.

Shaykh Shams’l-Dīn Ibn’l-Qayyim raḥimahullāh said: This hadith was criticised by Ibn al-Qaṭṭān who he said that there is some doubt in the continuity of its chain. He said that because Ibn Dāwūd said that ‘Abd’l-A‘lā Ibn al-Hammāl, said, I think, “On the authority of Ḥammād, from Muḥammed Ibn ‘Amr from Abu Hurayrah and then he mentioned the Ḥadīth.”

Al-Nasā’ī narrated from Zirr that he said: We said to Ḥudhayfah, “What time did you have your Suḥūr with the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam)?” He said, “It was daytime but the sun had not come out yet.”

There are different opinions in this matter.

The first opinion has been articulated by Isḥāq Ibn Rāhway who narrated from Wakī‘ that he heard al-A‘mash say, “If I was not afraid of becoming famous, I would pray Fajr then have my Suḥūr.” Then Isḥāq mentioned from Abu Bakr al-Ṣiddīq and Ḥudhayfah similar to that, and then he said, “They did not used to see any difference between the time for eating and the time for the obligatory prayer.” This is the end of Isḥāq’s statement. This has also been narrated from Ibn Mas‘ūd. (So in summary, the first opinion is that one can eat and drink until just after Fajr has actually started, and not just that the time has “begun”, but after the adhan and iqamah etc.)

The second opinion: most of the scholars are of the opinion that one is to stop the Suḥūr by the beginning of Fajr, and this is the opinion of the four Imams and most of the scholars of different countries and something of similar meaning has been narrated by ‘Umar and Ibn ‘Abbās.

The people with the first opinion have used the statement of the Prophet (ṣallallāhu ‘alayhi wa sallam), “And eat and drink until Ibn Umm Maktūm gives the Adhān.” It is known that he was not giving the Adhān until Fajr had already begun. That is in al-Bukhāri and in some narrations it states: “He was a blind man and he was not giving the Adhān until it was said to him that, ‘The Fajr has begun! The Fajr has begun!’”

These people say the day begins when the sun rises (meaning that one can eat into the Fajr time).

The majority on the other hand used the verse: “Eat and drink until the white thread of dawn becomes distinct from the black.” Also the statement of Muḥammed (ṣallallāhu ‘alayhi wa sallam), “Eat and drink until Ibn Umm Maktūm gives the Adhān,” and his statement, “There are two Fajrs: the first one does not prohibit food and does not permit the prayer and the second prohibits food and permits the prayer.” Narrated by al-Bayhaqi in his Sunan.

They also said that the Ḥadīth of Ḥudhayfah is faulty and that the fault is that it is Mawqūf (a statement of a Companion alone), and that is Zirr is the one who had his Suḥūr with Ḥudhayfah. This was mentioned by al-Nasā’ī.

End of statement from Ibn’l-Qayyim.

(Muḥammed Taqi’l-Dīn said) I don’t agree with that, because Ḥudhayfah said, “That’s how I did it with the Messenger of Allāh (ṣallallāhu ‘alayhi wa sallam)” and this is Marfū‘ (a statement/event elevated to the Prophet).

Conclusion

Out of all these Ḥadīths, we give Fatwa based on the middle opinion: that the true dawn which prohibits food on the fasting person and permits the prayer is as the Prophet (ṣallallāhu ‘alayhi wa sallam) said: the red dawn, the one that whose whiteness is mixed with some redness and is horizontal in the horizon. It is the one which fills the houses and streets and the people do not differ between them about it, and all people can identify it. Any other dawn such as the one identified by the Moroccans is false, it doesn’t prohibit food on the fasting person and doesn’t permit the Fajr prayer.

We usually delay our Fajr prayer more than half an hour after the Moroccan time, until we can see the true dawn. This is what we worship Allāh with and Allāh says the truth and He guides us to the straight path. We ask Allāh to show us the truth as truth and to help us to follow it and to show us the falsehood as falsehood and to help us to avoid it.

And all praise is due to the Lord of the Worlds.

I finished writing this before noon, Saturday the 4^th of Shawwāl 1394 (1974) after the migration of the Prophet (ṣallallāhu ‘alayhi wa sallam).

Translated by Kehlan Al-Jubury, Manchester, Monday, 25 June 2012

 

The Science of Beards

 

Review: Pakistan vs England, 2nd Test, Abu Dhabi, Jan 2012

How many times is it allowed to watch the highlights of Pakistan’s victory against England before it becomes haram ya’ni? #WhatAFitnah
 

 
Anyway, whilst you mufti-walahs think of an answer, I now have my completed key moments/points of this 2nd Test:

 

- Oxenford really does look like the real deal as an Umpire. Absolutely superb.

 
- Monty Panesar’s ball to Younis Khan looks better every time you see it again. Ball of the Match.

 

- Junaid Khan, do us a favour son. I get it, I really do. You don’t get your line and length right on your debut. Fair enough, it’s the nerves innit. You don’t get any wickets. Teekeh. It’s only your first game. But to take up the position of another bowler, field like a 3-year old, drop a catch that Boycott’s mum, dad and grandparents could have taken – at the same time – and then to get ducks in both innings but worse put yourself first whilst going for glory instead of fighting for the team like the rest of the boys? Jog on son.

 

- Azhar Ali’s cover drive still the best shot of the game. I gave my detailed description of the shot on my earlier Facebook post. And he’s still holding the pose down there I heard. =)

 

- The jury was still out on Mohsin Khan continuing as coach in my opinion but after seeing him thank “the Almighty Allah” in his victory speech and considering that I’m still from that old generation of desi-lawg whose heart will melt and will beam smiling whenever “the Almighty Allah” is thanked, well, I think he gets to stay just by virtue of that. I’m pathetically easily won over like that, innit?

 

- The funniest/weirdest moment of the match has got to have been the shot of Mushtaq Ahmed trying his best not to smile whilst seeing England at 72-9 sitting next to a depressed Andrew Flower. We love you Mushy! We know you’re our spy Mushy! Keep poisoning Trott’s food Mushy! Well done Mushy! =)

 

- And thus the most irresistible (and pathetic but hey) joke of the match was reflecting on Trott having the trots, and respecting the fact that despite England’s loss, he was in the real runs in the 1st innings and the other kind of runs in the 2nd innings. I’ll get my coat.

 

- The most annoying moment of the game was whenever Adnan Akmal opened his mouth. Allahu Akbar. If this is going to continue throughout the next game, I’ll have to have the whole thing on mute. Or if I get really desperate, I’ll start making moves to get his older brother Kamran back behind the stumps instead. Actually, on second thoughts…

 

- The (closely) second most annoying moment of the game was whenever Aamir Sohail was brought on to commentate. Look, I know the Gorai are desperate to find a Pak who can speak English and who has held a cricket bat before (and when desperation takes you to Muhammad Akram, you know things are desperate) but please don’t torture us anymore than we already are. We’ve had to endure Wasim Akram in the past, get punished by listening to Waqar now and have been abused for far too long by Ramiz Raja’s dulcet tones. SKY SPORTS: Please, please, please avoid all Pak commentators at all costs and just jet in Charlie Nicholas. Ay na’m. =)

 

- Finally, I previously thought the best moment of the game was Stuart Board being bowled (goodness me that was soul-enriching!) but all-in-all it has to be the moment Umar Gul held on to a catch (shocking one billion people across the world at the fact that we can actually catch a ball) leading to those insane celebrations and yes, and don’t tell anyone about this, but yes, a tear to trickle down this old dog’s rough and hairy cheek. Out of happiness. Or relief. Or the fact that a nation of 100 million people who live the most difficult miserable life every day in Pakistan under threat of violence, poverty and corruption had just a small reason and fleeting moment to smile, be happy and say: Alhamdulillah. =)
 
God I love cricket.

 

The Ruling on Making Wudhū’ For Those With Incontinence, Excessive Flatulence, Irregular Vaginal Bleeding (Istihādhah) etc

Below is a detailed response to a question put to me from a brother, which I invested some time in due to what I felt to be the importance of the issue and what I felt to be a lack of detail available on the internet in English. I hope it will be of some benefit iA.

———————————————————————————————————————————

QUESTION:

Salaam Respected Shiekh,

I have the following 2 medical problems which are causing me considerable inconvenience in my Ibaadah.  I hope you will be kind enough to comment from a Shariah viewpoint on what the official ruling is.

Problem 1 – Inability to keep Wudhu due to possible Irritable Bowel syndrome (IBS).

I have a medical condition (suspected Irritable Bowel Syndrome) due to which my bowel is not properly regulated – this is made worse due to my stressful lifestyle and diet (both of which I am trying to change).  Although this can be painful, the bigger problem is a real inability to keep Wudhu due to possible flatulence/excess wind.  The problem is sometimes very bad but sometimes not as bad (meaning I can perform Salah normally sometimes).  The problem though is that the condition can arise at any time meaning until I have started salah it is not easy to know whether or not I will be able to keep Wudhu.  I have heard a fatwa issued by Shaykh ul-Islam Ibn Taymiyyah which is repeated in Fiqh-us Sunnah that people with such irregular circumstances should make Wudhu once for each Salah.  This Wudhu however must be after the beginning of the prayer time of that Salah and one need not worry about wudhu thereafter till the next Salah’s time.  I would be grateful if you can comment on this and where the Islamic validity for such a position comes from.  Moreover I would be grateful if you can mention the position of the 4 schools of thought on this too?  

Connected to the above point is a question of combining Salah.  If the above fatwa of making wudhu once at beginning time is valid then if one is combining the salah then is one Wudhu sufficient for both salah?

Also, if one breaks wudhu during the wudhu (because sometimes things can be very bad) then does one have to keep starting from the beginning again or is it sufficient to make wudhu just once even though one may have broken it whilst making it?

Also, during Ghusl, it is generally accepted that one does not need to make a separate Wudhu after it as Ghusl incorporates the washing of the parts required within wudhu.  However unlike most people, it is perfectly possible for me to break wudhu during the ghusl process.  Does this mean that I have to fully perform Ghusl first and then a separate Wudhu too after it or is possible to assume Wudhu has been made with a complete Ghusl even if Wudhu was broken during it?

Final point on this is concerning Nafl Ibaadah.  Is it permissible (for someone with the above condition) to engage in any Nafl Ibaadah (eg reciting Quran/Nafl salah) once they have made wudhu at the beginning time of the respective Salah even though wudhu may have broken since the Salah was prayed.

Problem 2 – Very minor urine leakage due to weak muscle.

The second problem I have is that once I have passed urine I wait a while for all the drops to come out.  This is because I have a weak muscle in the pelvic area meaning everything does not come out straight away.  Once I feel I am clear from urine I wash down there.  However there can on a few occasions be tiny amounts of urine which may still come out thereafter.  I have heard that Ibn Umar used to sprinkle water on his underpants and tell himself that it was just water if he felt something wet.  Please can you kindly comment on this.  I can confirm that the number of occasions this happens is not many and the urine amount is tiny.  I have tried wiping the affected area with tissue after Istinja so it is dry and hence I can detect any drops – however this leaves me in a constant state of guessing whether or not I am feeling something wet down there or whether it is just the damp feeling after Istinja.  It makes concentration in salah very difficult.  Please also confirm what the Shar’ee position with regards to Najs on clothing is – I ask because in this situation it may be that my clothing has Najs on those few occasions when drops occur.  The hanafi school seems to tolerate Najs amounting to a 50p coin which I would be well within.

I would greatly appreciate your kind comment of these urgent matters.

ANSWER:

Wa ‘alaykum’l-salām wa raḥmatullāhi wa barakātuh

Indeed all Praise is due to Allāh, and may His peace and blessings be upon His Messenger Muḥammed, his family and his companions.

To answer your question properly, we need to return back to the original sources to try and find evidences for your specific situation.

We don’t find much discussion on this matter at a primary evidence level and thus have to use the principle of qiyās (analogy) to try and find a response to the challenges of Irritable Bowel Syndrome such as continual flatulence, irregular involuntary flatulence and indeed other forms of involuntary incontinence

The scholars agreed that the way to answer this question is to use the aḥādīth on the issue of istiḥāḍah (prolonged irregular vaginal bleeding). In essence, this is almost a form of “incontinence” in that it is the irregular or continual flow of blood from “one of the two passages” which the female has no control over, over and above her normal menstruation. Understanding this issue will give us a basis on how to answer the rising challenge of intestinal problems which seem to have increased in modern times largely due to the proportional increase in stress due to modern day realities, as well as the large array of unsuitable and unhealthy artificial foods that we consume.

So the question put to the scholars is: does the blood of istiḥāḍah and anything else which comes out continuously and involuntarily, invalidate one’s wuḍū’? The opinions are as follows:

The Ḥanafi[i] and Ḥanbali[ii] school: it is wājib (obligatory) to make wuḍū’ for every prayer time.

The Shāfi‘ī[iii] school: one must make wuḍū’ for every individual obligatory prayer (and not the time of the prayer itself), regardless whether that prayer is one which is being prayed on time, or one which is being made up after it had been missed earlier. One is allowed to pray voluntary prayers (nawāfil) using the same wuḍū’ made for the obligatory prayer.

The Māliki[iv] school: it is not obligatory to make wuḍū’ for each prayer, but it is recommended to do so only.

(It should be noted that in this opinion therefore, it would be sufficient to do all the prayers with a single wuḍū’ and to ignore the incontinence/istiḥāḍah, without needing to have to repeat the wuḍū’ unless the person invalidates their wuḍū’ by some other means other than the incontinence such as via sexual relations etc.)

The Ẓāhiri[v] school: it is obligatory to make wuḍū’ for every prayer, whether it be the farḍ or nafl prayer.

These are the well-known opinions from the earlier madh-habs. And it was based upon this response to irregular vaginal bleeding, that the ruling was issued for all other forms of incontinence.

From the later scholars, perhaps this fatwa from Ibn Taymiyyah sums up the issue and its application rather well. The text of the question and his answer is as follows[vi]:

وسئلَ ـ أيضًا ـ رحمَه الله ـ عن رجل كلما شرع في الصلاة يحدث له رياح كثيرة؛ حتى ‏[‏إنه‏]‏ في الصلاة يتوضأ أربع مرات أو أكثر، إلى حين يقضى الصلاة يزول عنه العارض، ثم لا يعود إليه إلا في أوقات الصلاة، وهو لا يعلم ما سبب ذلك‏؟‏‏:‏ هل هو من شدة حرصه على الطهارة‏؟‏ وقد يشق عليه كثرة الوضوء، وما يعلم هل حكمه حكم صاحب الأعذار أم لا لسبب أنه لا يعاوده إلا في وقت الصلاة‏؟‏ وما تطيب نفسه أن يصلي بوضوء واحد‏؟‏

 

Ibn Taymiyyah was asked:

“There is a man who when starting his Ṣalāh, will pass copious amounts of wind to the extent he will make wuḍū’ perhaps four times or even more; this might even continue until he completes the prayer and then the problem will stop, and indeed he will not pass wind thereafter until the time for the next prayer has arrived! He is not sure what the reason for that could possibly be, but is it perhaps because of his extraordinary concern for remaining ritually pure? The continual performing of wuḍū’ is becoming difficult for him and he doesn’t know if the ruling of someone with a valid excuse applies to him or not, because of the doubt surrounding the fact that he only seems to get the problem during prayer times. He doesn’t feel comfortable praying with just a single wuḍū’.”

/فأجاب ـ رضي الله عنه‏:‏
نعم، حكمه حكم أهل الأعذار‏:‏ مثل الاستحاضة وسلس البول، والمذى، والجرح الذي لا يرقأ، ونحو ذلك‏.‏ فمن لم يمكنه حفظ الطهارة مقدار الصلاة، فإنه يتوضأ ويصلي ولا يضره ما خرج منه في الصلاة، ولا ينتقض وضوؤه بذلك باتفاق الأئمة، وأكثر ما عليه أن يتوضأ لكل صلاة‏.‏
وقد تنازع العلماء في المستحاضة ومن به سلس البول وأمثالهما، مثل من به ريح يخرج على غير الوجه المعتاد، وكل من به حدث نادر‏.‏ فمذهب مالك‏:‏ أن ذلك ينقض الوضوء بالحدث المعتاد ـ ولكن الجمهور ـ كأبي حنيفة؛ والشافعي؛ وأحمد بن حنبل ـ يقولون‏:‏ إنه يتوضأ لكل صلاة أو لوقت كل صلاة‏.‏ رواه أهل السنن وصحح ذلك غير واحد من الحفاظ؛ فلهذا كان أظهر قولي العلماء أن مثل هؤلاء يتوضؤون لكل صلاة أو لوقت كل صلاة‏.‏
وأما ما يخرج في الصلاة دائمًا فهذا لا ينقض الوضوء باتفاق العلماء‏.‏ وقد ثبت في الصحيح‏:‏ أن بعض أزواج النبي صلى الله عليه وسلم كانت تصلي والدم يقطر منها، فيوضع لها طست يقطر فيه الدم‏.‏ وثبت في الصحيح أن عمر بن الخطاب ـ رضي الله عنه ـ صلى وجرحه يثعب دما‏.‏ ومازال المسلمون على عهد النبي صلى الله عليه وسلم يصلون في جراحاتهم‏.‏
/وقد تنازع العلماء في خروج النجاسة من غير السبيلين ـ كالجرح والفصاد والحجامة والرعَاف والقيء‏:‏ فمذهب مالك والشافعي‏:‏ لا ينقض‏.‏ ومذهب أبي حنيفة وأحمد‏:‏ ينقض‏.‏ لكن أحمد يقول‏:‏ إذا كان كثيرًا‏.‏
وتنازعوا في مس النساء ومس الذكر‏:‏ هل ينقض‏؟‏ فمذهب أبي حنيفة‏:‏ لا ينقض‏.‏ ومذهب الشافعي‏:‏ ينقض‏.‏ ومذهب مالك‏:‏ الفرق بين المس لشهوة وغيرها‏.‏ وقد اختلفت الرواية عنه هل يعتبر ذلك في مس الذكر‏؟‏ واختلف في ذلك عن أحمد، وعنه ـ كقول أبي حنيفة ـ‏:‏ أنه لا ينقض شيء من ذلك وروايتان كقول مالك والشافعي‏.‏
واختلف السلف في الوضوء مِن ما مست النار‏:‏ هل يجب أم لا‏؟‏ واختلفوا في القهقهة في الصلاة‏:‏ فمذهب أبي حنيفة تنقض‏.‏ ومن قال‏:‏ إن هذه الأمور لا تنقض‏:‏ فهل يستحب الوضوء منها‏؟‏ على قولين‏.‏ وهما قولان في مذهب أحمد وغيره‏.‏
والأظهر ـ في جميع هذه الأنواع ـ‏:‏ أنها لا تنقض الوضوء، ولكن يستحب الوضوء منها‏.‏ فمن صلى ولم يتوضأ منها صحت صلاته‏.‏ ومن توضأ منها فهو أفضل‏.‏ وأدلة ذلك مبسوطة في غير هذا الموضع، ولكن كلهم يأمر بإزالة النجاسة، ولكن إن كانت من الدم أكثر من ربع/ المحل فهذه تجب إزالتها عند عامة الأمة، ومع هذا إن كان الجرح لا يرقأ مثل ما أصاب عمر بن الخطاب ـ رضي الله عنه ـ فإنه يصلي باتفاقهم؛ سواء قيل‏:‏ إنه ينقض الوضوء، أو قيل‏:‏ لا ينقض، سواء كان كثيرًا أو قليلًا؛ لأن الله ـ تعالى ـ يقول‏:‏ ‏{‏لاَ يُكَلِّفُ اللّهُ نَفْسًا إِلاَّ وُسْعَهَا‏}‏ ‏[‏البقرة‏:‏ 286‏]‏، وقال تعالى‏:‏ ‏{‏فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ‏}‏ ‏[‏التغابن‏:‏ 16‏]‏، وقال النبي صلى الله عليه وسلم‏:‏ ‏(‏إذا أمرتكم بأمر فأتوا منه ما استطعتم‏)‏‏.‏
وكل ما عجز عنه العبد من واجبات الصلاة سقط عنه، فليس له أن يؤخر الصلاة عن وقتها، بل يصلي في الوقت بحسب الإمكان، لكن يجوز له ـ عند أكثر العلماء ـ أن يجمع بين الصلاتين لعذر، حتى أنه يجوز الجمع للمريض والمستحاضة وأصحاب الأعذار في أظهر قولي العلماء، كما استحب النبي صلى الله عليه وسلم للمستحاضة أن تجمع بين الظهر والعصر بغسل واحد فهذا للمعذور، سواء أمكنه أن يجمع بين الصلاتين بطهارة واحدة من غير أن يخرج منه شيء في الصلاة، جاز له الجمع في أظهر قولي العلماء‏.‏
وكذلك يجمع المريض بطهارة واحدة إذا كانت الطهارة لكل صلاة تزيد في مرضه، ولابد من الصلاة في الوقت‏:‏ إما بطهارة إن أمكنه وإلا بالتيمم، فإنه يجوز لمن عدم الماء أو خاف الضرر باستعماله إما لمرض وإما لشدة البرد أن يتيمم وإن كان جنبًا، ولا قضاء عليه في أظهر قولي /العلماء‏.‏ وإذا تيمم في السفر لعدم الماء لم يعد باتفاق الأئمة‏.‏
وكذلك المريض إذا صلى قاعدًا أو صلى على جنب لم يُعِد باتفاق العلماء‏.‏
وكذلك العريان‏:‏ كالذي تنكسر به السفينة، أو يأخذ القطاع ثيابه‏:‏ فإنه يصلي عريانا ولا إعادة عليه باتفاق العلماء‏.‏
وكذلك من اشتبهت عليه القبلة وصلى ثم تبين له فيما بعد ، لا يعيد باتفاق العلماء ، وإن أخطأ مع اجتهاده لم يعد ـ أيضًا ـ عند جمهورهـم‏:‏ كمالك وأبي حنيفة وأحمد بن حنبل، والمشهور في مذهب الشافعي أنه يعيد‏.‏
وقد تنازع العلماء في التيمم لخشية البرد‏:‏ هل يعيد‏؟‏ وفيمن صلى في ثوب نجس لم يجد غيره‏:‏ هل يعيد‏؟‏ وفي مواضع أخر‏.‏
والصحيح في جميع هذا النوع‏:‏ أنه لا إعادة على أحد من هؤلاء، بل يصلي كل واحد على حسَب استطاعته ويسقط عنه ما عجز عنه، ولا إعادة عليه، ولم يأمر الله ـ تعالى ـ ولا رسوله أحدًا أن يصلي الفرض مرتين مطلقًا، بل من لم يفعل ما أمر به فعليه أن يصلي إذا ذُكِّر بوضوء باتفاق المسلمين‏:‏ كمن نسى الصلاة؛ فإن النبي صلى الله عليه وسلم قال‏:‏/ ‏(‏من نام عن صلاة أو نسيها فليصلها إذا ذكرها‏)‏‏.‏ وهذه المسائل مبسوطة في غير هذا الموضع‏.‏

والمقصود هنا بيان أن الله ـ تعالى ـ ما جعل على المسلمين من حرج في دينهم، بل هو ـ سبحانه ـ يريد بهم اليسر ولا يريد بهم العسر‏.‏ ومسألة هذا السائل أولى بالرخصة، ولهذا كانت متفقًا عليها بين العلماء وهذه المسائل مبسوطة في مواضع أخر‏.‏ والله أعلم‏

 

So he responded, may Allah be pleased with him:

Yes, his ruling is that of those who have a valid excuse, such as those suffering from irregular vaginal bleeding, or urinary incontinence, or continual discharge of prostatic fluid, or a wound which will not stop bleeding etc. The one who is unable to maintain his state of purity for the length of a prayer should make wuḍū’ and then pray and he is not affected by anything which may exit from him during the prayer, and indeed his wuḍū’ is not invalidated by that according to the consensus of the scholars – in actual fact the most being upon him is to make wuḍū’ for every prayer.

The scholars debated concerning the one who suffers from istiḥāḍah and the one with urinary incontinence and others like them such as those who excessively pass wind – more than what would be considered normal – and those with other rare conditions. The madh-hab of Mālik is that the state of wuḍū’ is only broken by an invalidator (such as going to the toilet, going to sleep etc) which is occurring at a normal rate and fashion (i.e. that one is in control of).

But the majority of scholars, such as Abu Ḥanīfah, al-Shāfi‘ī and Aḥmed b. Ḥanbal said that he is to make wuḍū’ for every prayer, or for the time of every prayer. This has been narrated by the Imams of the four Sunan (Abu Dāwūd, Ibn Mājah, al-Tirmidhi and al-Nasā’ī) and a number of the Huffādh have authenticated these reports. Therefore the most apparently correct of the two opinions of the scholars is that one should make wuḍū’ for every prayer or for every prayer time.

As for that which might continuously exit during the prayer itself then this does not invalidate the wuḍū’ by the consensus of the scholars; it has been established in the Ṣaḥīḥ that some of the wives of the Prophet (ṣallallāhu ‘alayhi wa sallam) would pray and blood would be dripping from them, and so a pan would be given to them so that the blood would drip in it. It is also established in the Ṣaḥīḥ that ‘Umar b. al-Khaṭṭāb (raḍyAllāhu ‘anhu) prayed whilst his wound was still pouring blood, indeed the Muslims from the time of the Prophet (ṣallallāhu ‘alayhi wa sallam) always prayed whilst their wounds bled.

The scholars have also debated the excretion of that which is impure from other than the front and back passages, such as when wounded, or during a phlebotomy, or during ḥijāmah, or during a nosebleed or whilst one is vomiting. The madh-hab of Mālik and Shāfi‘ī is that these do not invalidate wuḍū’ whereas the madh-hab of Abu Ḥanīfah and Aḥmed is that they do invalidate the wuḍū’ except that Aḥmed added: only if it is of a large quantity.

They also debated the touching of women or touching the penis: does this break wuḍū’? The madh-hab of Abu Ḥanīfah is that it doesn’t, whereas the madh-hab of al-Shāfi‘ī is that it does. The madh-hab of Mālik is that there is a difference between touching with and without desire; there is a difference of opinion reported from him whether the same applied to the touching of the penis. They also differed in their reporting from Aḥmed as well, but one of the positions related from his is the same as Abu Ḥanīfah i.e. that none of the above invalidate the wuḍū’, whereas the other two narrations from him are the same as the positions of Mālik and al-Shāfi‘ī.

The Salaf differed on whether one needs to make wuḍū’ after eating something which has been cooked by fire – is it obligatory or not? They also differed on whether laughing out loud during the prayer – the madh-hab of Abu Ḥanīfah is that it does invalidate it, whereas others said such matters do not invalidate it. So is it recommended to make wuḍū’ from such matters? Some said yes and some said no, and both positions are related in the madh-hab of Aḥmed and others.

What seems apparent from all of these types of actions is that they do not break the wuḍū’ but it should be considered recommended (mustaḥab) to perform it. If anyone doesn’t make wuḍū’, his prayer will still be valid.

Whoever does perform wuḍū’ after the above incidents/actions, then this will be better – the evidences for this (recommendation) are spread all over this work but it should be noted that all of the scholars insisted that any najāsah (physical impurity) also be removed (from oneself). If for example some blood comes to be of an amount greater than a quarter of the area in question then this obligates its removal according to the majority of the Ummah, yet despite this we know that if a wound doesn’t stop bleeding such as what afflicted ‘Umar b. al-Khaṭṭāb (raḍyAllāhu ‘anhu) then he is to continue praying as per the consensus of the scholars. This is regardless of whether one feels that it (the invalidator i.e. the urine or wind passed in a state of incontinence) breaks the wuḍū’, or it is said that it doesn’t break the wuḍū’, regardless of whether it is a large amount (of najāsah) or a small amount. This is because Allah, Most High, says, “Allah doesn’t burden a soul more than it can bear.” (al-Baqarah, 286), and He, Most High, says, “Have as much taqwa of Allah as you possibly can…” (al-Taghābun, 16), and the Prophet (ṣallallāhu ‘alayhi wa sallam) said, “If I order you to do something, then do as much of it as you can.”

So whatever the slave is not able to do from the obligatory acts of the prayer, these are pardoned from him. He is not to delay the prayer from its rightful time rather he should pray it within its time however he can – but it should also be noted that it is permissible according to the majority of the scholars to combine between two prayers for a valid reason, to the extent that it is permissible to combine for the sick person, the one suffering from istiḥāḍah and others with similar excuses as per the most obvious and correct position from the scholars. This is like when the Prophet (ṣallallāhu ‘alayhi wa sallam) recommended for the woman suffering from istiḥāḍah to combine between Ẓuhr and ‘Asr with her washing herself just once, because this is for the excused one. This is also regardless of whether one combines between two prayers using just one act of purification and yet then still nothing bleeds from her during the prayer – it is still permissible for her to combine according to the correct position of the scholars.

Likewise, the sick person can combine as well using only one wuḍū’ if the making of that wuḍū’ for every single prayer will make his condition worse.  It is a must that prayer is performed within its correct time, either by normal ablution or by tayammum – this is permissible if there is no water available or if one fears harm in the use of water whether for the reason that it will make his condition worse, or because of extreme cold. He can make tayammum even if he is in a state of sexual impurity and there will be no qaḍā’ (making up) upon him as per the more correct of the two positions of the scholars. And if he makes tayammum whilst he is travelling and there is no water available, then we have a consensus of the scholars that there is no repetition needed from him later.

Likewise, the sick person who prays sitting down or lying on his side – he does not repeat anything later by the consensus of the scholars.

And likewise the one who finds himself naked such as one who is shipwrecked or one who is robbed of his clothes; such a person should pray naked and there is no repeating (of the prayer) for him as per the consensus of the scholars.

Likewise the one who is not able to determine the direction of the Qiblah (for some reason out of his control), and then prays and then discovers that it was incorrect, he doesn’t need to repeat his prayer according to the consensus of the scholars. As for the one who estimates the direction and makes a mistake (and there was more that he could have done to determine the Qiblah) then even he doesn’t need to repeat the prayer according to the majority of the scholars namely Mālik, Abu Ḥanīfah, and Aḥmed b. Ḥanbal. The popular position of the Shāfi‘ī madh-hab is that he should repeat his prayer.

The scholars debated the permissibility of making tayammum simply for the reason that it was too cold (to use water) – does he need to repeat his prayer? Also the one who prays in najas (ritually impure and filthy) clothes because he hasn’t got access to anything else – does he repeat the prayer later too? And there are many other similar situations to this.

The correct position in all of the above is that there is no repeating or making up upon any of these people, rather they should all pray according to their ability and anything which was obligated upon them which they weren’t able to perform, they are pardoned for and there is no repeating required. Neither Allah, Most High, nor His Messenger ever ordered a person to pray an obligatory prayer twice… and we have explained these issues across our works.

The key point to remember in conclusion is that Allah, Most High, has not placed difficulty upon the Muslims in their religion, rather He – may He be blessed and exalted – wishes only ease for them and not hardship for them. And the issue which the questioner puts forward is most deserving of a concession and thus one sees a consensus of the scholars concerning it.

And Allah knows best.”

The purpose of the translation of that entire fatwa of Ibn Taymiyyah was to give the reader a complete overview and appreciation of the subject matter at hand and how the scholars in approach the issue of sickness in general, or inability or those with valid excuses.

It should be noted that despite all of what has been said from the positions of the Imams and the discussion of their evidences, we hold that the correct position is that of the madh-hab of Imām Mālik i.e. that one’s wuḍū’ is not broken by such involuntary acts such as excessive flatulence for the one suffering from IBS, or the one who continually or erratically leaks urine etc because of incontinence or other conditions.

To understand this, we need to look at the evidences on the matter in a bit more detail.[vii] The position of the fuqahā’ on this issue is well known, based upon the ḥadīth narrated in Ṣaḥīḥ’l-Bukhāri (306):

حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ ، قَالَ : أَخْبَرَنَا مَالِكٌ ، عَنْ هِشَامِ بْنِ عُرْوَةَ ، عَنْ أَبِيهِ ، عَنْ عَائِشَةَ ، أَنَّهَا قَالَتْ : قَالَتْ فَاطِمَةُ بِنْتُ أَبِي حُبَيْشٍ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : يَا رَسُولَ اللَّهِ ، إِنِّي لَا أَطْهُرُ أَفَأَدَعُ الصَّلَاةَ ؟ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : “ إِنَّمَا ذَلِكِ عِرْقٌ وَلَيْسَ بِالْحَيْضَةِ ، فَإِذَا أَقْبَلَتِ الْحَيْضَةُ فَاتْرُكِي الصَّلَاةَ فَإِذَا ذَهَبَ قَدْرُهَا فَاغْسِلِي عَنْكِ الدَّمَ وَصَلِّي “

It was narrated to us by ‘Abdullāh b. Yūsuf who said, “(Imām) Mālik informed us on the authority of Hishām b. ‘Urwah on the authority of his father (‘Urwah b. Zubayr) on the authority of ‘Ā’ishah (raḍyAllāhu ‘anhā) that she said,

“Fāṭimah bint Abi Ḥubaysh said to the Messenger of Allah (ṣallallāhu ‘alayhi wa sallam), “Yā Rasūlallāh, I am a woman who never becomes pure. Should I leave off the prayer?” The Messenger of Allah (ṣallallāhu ‘alayhi wa sallam) replied, “This is only bleeding from a vein, not menstrual blood. When you have your menses, stop praying, but when it is complete then wash the blood away and begin praying again.”

This ḥadīth has been narrated with almost one hundred different chains across all the books of ḥadīth, the majority on the authority of ‘Urwah b. Zubayr on the authority of his aunt ‘Ā’ishah, may Allāh be pleased with all of them.

Indeed in another version of this ḥadīth (no. 228) in Ṣaḥīḥ’l-Bukhāri, we have:

حَدَّثَنَا مُحَمَّدٌ ، قَالَ : حَدَّثَنَا أَبُو مُعَاوِيَةَ ، حَدَّثَنَا هِشَامُ بْنُ عُرْوَةَ ، عَنْ أَبِيهِ ، عَنْ عَائِشَةَ ، قَالَتْ : جَاءَتْ فَاطِمَةُ بِنْتُ أَبِي حُبَيْشٍ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَتْ : يَا رَسُولَ اللَّهِ ، إِنِّي امْرَأَةٌ أُسْتَحَاضُ فَلَا أَطْهُرُ ، أَفَأَدَعُ الصَّلَاةَ ؟ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : “ لَا ، إِنَّمَا ذَلِكِ عِرْقٌ وَلَيْسَ بِحَيْضٍ ، فَإِذَا أَقْبَلَتْ حَيْضَتُكِ فَدَعِي الصَّلَاةَ ، وَإِذَا أَدْبَرَتْ فَاغْسِلِي عَنْكِ الدَّمَ ثُمَّ صَلِّي “ ، قَالَ : وَقَالَ أَبِي : ثُمَّ تَوَضَّئِي لِكُلِّ صَلَاةٍ حَتَّى يَجِيءَ ذَلِكَ الْوَقْتُ

It was narrated to us by Muḥammed (b. Sallām b. al-Faraj) who said, “Abu Mu‘āwiyah narrated to us on the authority of Hishām b. ‘Urwah on the authority of his father (‘Urwah b. Zubayr) on the authority of ‘Ā’ishah (raḍyAllāhu ‘anhā) that she said,

“Fāṭimah bint Abi Ḥubaysh came to the Prophet (ṣallallāhu ‘alayhi wa sallam) and said, “Yā Rasūlallāh, I am a woman who suffers from istiḥāḍah and I never become pure. Should I leave off the prayer?” The Messenger of Allah (ṣallallāhu ‘alayhi wa sallam) replied, “No, that’s bleeding from a vein, not menstrual blood. When you have your menses, stop praying, but when it is complete then wash the blood away and begin praying again.” Hishām then said, “My father (‘Urwah) said, “Then make wuḍū’ for every prayer until your menses starts again.”

The main reason that the scholars differed over whether the blood of istiḥāḍah invalidates one’s wuḍū’ or not is because of the above statement of Hishām, the son of ‘Urwah b. Zubayr who was the nephew of ‘Ā’ishah, may Allah be pleased with all of them.

Is this extra statement by Hishām i.e. “My father said, “Then make wuḍū’ for every prayer until your menses starts again”” something which was said by the Prophet himself (ṣallallāhu ‘alayhi wa sallam) and thus marfū‘, or was it just a statement of ‘Urwah himself and thus mawqūf? And is this narration continuous to the Prophet (ṣallallāhu ‘alayhi wa sallam) and thus muttaṣilah or is it missing key narrators and thus mu‘allaqah? And if we assume that this ḥadīth is indeed marfū‘, then is such a Prophetic statement to be considered preserved (maḥfūẓ) or odd and contradictory to other more authentic narrations (shādh)?

To investigate this further, we see that this ḥadīth in its main is reported by Hishām b. ‘Urwah, from his father, from ‘Ā’ishah. As from Hishām himself, many narrators reported this ḥadīth with only small differences in the text itself, with some narrations mentioning the above extra statement, and some of them not.

For example, one path for the isnād using the authority of Abu Mu‘āwiyah from Hishām, does have the extra statement about making wuḍū’ for every Ṣalāh. But then they differed from Abu Mu‘āwiyah, with some narrators reporting the ḥadīth without any mention of the extra statement, and some of them narrating the ḥadīth with the extra statement being stated clearly as being marfū‘ i.e. as if it was a statement of the Prophet (ṣallallāhu ‘alayhi wa sallam) himself and then finally some of them reporting the ḥadīth with the extra statement being confirmed as an increase from ‘Urwah only i.e. mawqūf.

Others who narrated the extra statement include Abu Ḥamzah al-Sukari, and they differed in narrating from him as well – some reported the extra as marfū‘ and some reported it as mursal i.e. just a statement of ‘Urwah.

Other major ḥadīth scholars have also narrated the extra statement such as Ḥammād b. Zayd and Ḥammād b. Salamah on the authority of Hishām except that they mention the making of wuḍū’ but didn’t mention that it had to be for every Ṣalāh, rather they narrated, “…so wash the blood from yourself, make wuḍū’ and pray.” So just as making ghusl from the condition only once is considered sufficient and it is not required each time for every Ṣalāh, the same goes for wuḍū’ as well, as per the wording collected by the two above Muḥaddithīn. Interestingly, ‘Affān who is one of the most accurate and best narrators from Ḥammād b. Salamah, has also narrated this ḥadīth from Ḥammād and not mentioned the extra statement of making wuḍū’ for every prayer either.

Others who narrated the extra statement include Abu ‘Awānah (al-Waḍḍāḥ b. ‘Abdillāh al-Yashkari) and Abu Ḥanīfah.

These are in total the main scholars who narrated this extra increment, but they were opposed by a large number of narrators who didn’t report the extra statement, some of who are considered more qualified in ḥadīth than the above, such as: Mālik, Wakī‘, Yaḥyā b. Sa‘īd al-Qaṭṭān, Zuhayr, Sufyān b. ‘Uyaynah, Abu Usāmah, Layth b. Sa‘d, ‘Amr b. al-Ḥārith, ‘Abdah, Muḥammad b. Kināsah, Ma‘mar, Ja‘far b. ‘Awn, al-Darāwardi, ‘Abdullāh b. Namīr and Sa‘īd b. ‘Abd’l-Raḥmān.

It is no surprise to find then that Imām Muslim, al-Nasā’ī, al-Bayhaqi, and Abu Dāwūd all ruled that this extra increment of making wuḍū’ for every Ṣalāh is ḍa‘īf (weak), as Ibn Rajab al-Ḥanbali also opined in his commentary to Ṣaḥīḥ’l-Bukhāri[viii]:

“The correct position is that the wording of (making) wuḍū’ (for every prayer) is an extra addition in the ḥadīth from only ‘Urwah himself; indeed Mālik narrated from Hishām on the authority of his father that he himself said, “The one who suffers from istiḥāḍah does nothing other than make ghusl once and then she performs the wuḍū’ for every prayer thereafter.”

Imām al-Zayla‘ī the great Ḥanafi Muḥaddith said[ix],

“This extra wording i.e. “perform the wuḍū’ for every Ṣalāh” is mu‘allaqah according to Bukhāri (i.e. not a statement of the Prophet (ṣallallāhu ‘alayhi wa sallam)…and Ibn al-Qaṭṭān also ruled that this narration was mu‘allaqah in his book.”

One can see some of the other versions of this ḥadīth to understand the above described situation. In the versions narrated by Imām Aḥmed, Ibn Mājah, Abu Dāwūd, Ibn Abi Shaybah and numerous other Muḥaddithīn, you will find similar wording to the above agreed upon narrations from Bukhāri but with usually a significant difference i.e. the statement of ‘Urwah (“Then make wuḍū’ for every prayer until your menses starts again.”) is included in the narration to make it look as if it is the statement of the Prophet himself (ṣallallāhu ‘alayhi wa sallam)

For example, in the Musannaf of Ibn Abi Shaybah (1303), we have:

حَدَّثَنَا وَكِيعٌ ، قَالَ : حَدَّثَنَا الْأَعْمَشُ ، عَنْ حَبِيبِ بْنِ أَبِي ثَابِتٍ ، عَنْ عُرْوَةَ ، عَنْ عَائِشَةَ ، قَالَتْ : جَاءَتْ فَاطِمَةُ ابْنَةُ أَبِي حُبَيْشٍ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَتْ : يَا رَسُولَ اللَّهِ , إِنِّي امْرَأَةٌ أُسْتَحَاضُ فَلَا أَطْهُرُ أَفَادَعُ الصَّلَاةَ ؟ قَالَ : ” لَا ، إِنَّمَا ذَلِكَ عِرْقٌ وَلَيْسَتْ بِالْحَيْضَةِ اجْتَنِبِي الصَّلَاةَ أَيَّامَ حَيْضَتِكِ ثُمَّ اغْتَسِلِي وَتَوَضَّئِي لِكُلِّ صَلَاةٍ ثُمَّ صَلِّي وَإِنْ قَطَرَ الدَّمُ عَلَى الْحَصِيرِ “

It was narrated to us by Wakī‘ who said, “Al-A‘mash narrated to us on the authority of Ḥabīb b. Abi Thābit, on the authority of ‘Urwah, on the authority of ‘Ā’ishah, who said:

“Fāṭimah bint Abi Hubaysh came to the Prophet (ṣallallāhu ‘alayhi wa sallam) and said, “Yā Rasūlallāh, I am a woman who suffers from istiḥāḍah and I never become pure. Should I leave off the prayer?” The Messenger of Allah (ṣallallāhu ‘alayhi wa sallam) replied, “No, that’s bleeding from a vein, not menstrual blood. Avoid the prayer during the days of your menses, then take a bath and make wuḍū’ for every prayer and then pray, even if the blood is so much that it drips on to the mat below.”

As you can see, this narration and indeed many other narrations show the extra addition of the making of wuḍū’ for every prayer look like a Prophetic command.

It should be also said that the weakness in some of these versions that have the extra increment is quite clearly to be seen from the chains themselves. For example the version narrated by Imām Aḥmed (474) is ḍa‘īf because of the ‘an’anah of Ḥabīb b. Abi Thābit. In the narration of al-Dārimi (793), a number of scholars ruled the chain ḍa‘īf jiddan (very weak). In the narration of Imām al-Ṭabarāni in his Mu‘jam’l-Awsaṭ (1620), he said, “This ḥadīth has not been narrated on the authority of Abi Ayyūb al-Afrīqī who is otherwise known as ‘Abdullāh b. ‘Alī, other than Abu Yūsuf.” Hence, this chain is also weak.

As a result of the above brief study we find that the scholars differed in their conclusions with respect to the narrations relating to making wuḍū’ for every prayer for the one suffering from istiḥāḍah – indeed some as we have already mentioned considered all the ḥadīth on this matter to be weak.

Ibn Rajab al-Ḥanbali said[x],

“The aḥādīth of performing wuḍū’ for every Ṣalāh have been narrated from many different paths, all of them doubtful and full of hidden faults.”

This is why the Mālikiyyah opined that there is no obligation to repeat the wuḍū’ for every prayer for the one suffering from istiḥāḍah.

Ibn ‘Abd’l-Barr said[xi],

“To make wuḍū’ (for every prayer) is only considered to be recommended by Mālik, not obligatory. They based their position on the fact that there is no mention of wuḍū’ by the Prophet (ṣallallāhu ‘alayhi wa sallam) when he said, “Once the period of menses has passed, take a bath and then pray” and he did not mention wuḍū’. And from amongst those who said that wuḍū’ is not obligatory for the one suffering from istiḥāḍah were Rabī‘ah, ‘Ikrimah, Mālik, Ayyūb and a group of the scholars.”

Our conclusion is the same: not only is the extra wording ḍa‘īf for this issue of istiḥāḍah, but if this is the case then it also suggests that none of this type of impurity such as the blood of istiḥāḍah, urinary incontinence and the like are all not considered to be a ḥadath i.e. something which breaks the wuḍū’. This is namely for the following reasons:

a)     Someone who is suffering from a continual condition which breaks the wuḍū’, then even if they were to perform ablution, it will never lift his impurity or his condition causing impurity. If we agree on this then the purification is only being done out of recommendation, and not obligation.

b)     If indeed the blood of istiḥāḍah doesn’t break one’s state of purity after making wuḍū’ before you pray in that prayer time, then neither will that same blood break your state of impurity after the prayer, or after the time period for that prayer has expired. Thus, we have considered any kind of command to make wuḍū’ for every Ṣalāh as something recommended only.

c)      If the blood which flows from a vein does not invalidate wuḍū’, then any blood flow from a vein in the hand or in the foot will also not invalidate the wuḍū’ according to the most correct position. Therefore we should apply the same for the blood of istiḥāḍah for it is also blood from a vein as the ḥadīth in the Ṣaḥiḥayn confirm. It’s not right to say that just because it is bleeding from a vein in the genital area, it has a different ruling to other wounds suffering from bleeding. No, indeed reflect on the fact that sperm exists from the genitalia and yet is still considered to be clean.

d)     Allah jalla wa ‘ala is the Wise. He doesn’t take people to account except for what they have wilfully done. So if one is suffering from bleeding which was not wanted or intended by him, his acts of worship are still valid.

Let us quote what Ibn al-Mundhir states in al-Awsaṭ:[xii]

“Common sense in this issue dictates that what Rabī‘ah has said is correct – that it is not obligatory to repeat the wuḍū’ each time – except for the fact that it is an opinion which I have seen no support from anyone before him. The reason I mentioned “common sense” is because if there is no difference between the appearance of the blood of istiḥāḍah before, during or after wuḍū’, and if indeed the blood of istiḥāḍah obligates wuḍū’ after it, then surely a little or a lot of the blood would necessitate wuḍū’ – and if that’s the case then when the one suffering from istiḥāḍah starts her wuḍū’ and then some blood comes out after she has already washed some body-parts, her wuḍū’ is invalidated, because the blood which necessitates purification (according to the opinion that the one with istiḥāḍah is obligated to make wuḍū’ for each Ṣalāh) is present and invalidating.

But if that which comes out during wuḍū’ or that which comes out before she starts the Ṣalāh, or indeed during the Ṣalāh, does not break the wuḍū’, then this necessitates that whatever comes out after she has finished the Ṣalāh likewise does not break the wuḍū’, unless she breaks her wuḍū’ with something else other than the blood of istiḥāḍah. This is clearly what makes the most sense.”

This is the evidence of the Mālikiyyah for not obligating wuḍū’ for every prayer for the one suffering from istiḥāḍah and thus by extension for all those suffering from incontinence and other similar conditions, including excess uncontrollable flatulence as a result of Irritable Bowel Syndrome.

In conclusion, we feel that this is the strongest and the most correct opinion on the matter. The narrations from the Prophet (ṣallallāhu ‘alayhi wa sallam) on this issue have not been established, Ibn Rajab al-Ḥanbali declared all the ḥadīth on the subject to be weak, it is the opinion of not only Imām Mālik but other major Imāms of the Salaf including Rabī‘ah, ‘Ikrimah, Abu Ayyūb as well as some of the contemporary scholars today, and crucially this agrees with the objectives of Sharī‘ah and the mercy of Allah jalla wa ‘ala in not wanting difficulty for the Muslims and bringing ease whenever possible. The one who is ill or suffering from such conditions is already in difficulty as it is – how then can we obligate upon them wuḍū’ for every single prayer and make their lives even more difficult and miserable? To recommend wuḍū’ is good and a virtuous action, but obligate?

Therefore it is sufficient for you in your condition to make wuḍū’ and then pray all your prayers and perform all other deeds that require purification, without having to repeat your wuḍū’ at any time unless you break your wuḍū’ by something other than your medical condition.

You also ask about the combining of the prayer due to your condition. We find from the books of fiqh that it is allowed to combine the prayers for the one who is ill, or is in a state of istiḥāḍah or becoming weak from breast-feeding or suffering from incontinence etc. This is the position of the Mālikiyyah, the Ḥanābilah and some of the Fuqahā’ of the Shāfi‘ī madh-hab as well such as Qāḍī Ḥusayn, Ibn al-Muqri, al-Mutawallī and Abu Sulaymān al-Khaṭṭābi. Imām al-Nawawi said, “This is a very strong position.” We also quoted Ibn Taymiyyah’s support of this position above.

As for the Ḥanafi and Shāfi‘ī madh-habs then they did not consider it permissible for the sick person to combine their prayers because nothing has been narrated to this regard from the Prophet (ṣallallāhu ‘alayhi wa sallam). They stated that the timings of the prayer and the command to observe them are clear and well established, and cannot just be ignored due to something which is not definite and based upon doubt (such as the above argument). They also stated that the Prophet (ṣallallāhu ‘alayhi wa sallam) also suffered from illness yet we have not seen any evidence of his combining for that reason ever narrated.

Our position is that of the majority i.e. that it is allowed to combine due to a legitimate excuse or difficulty as stated by Ibn ‘Abbās (raḍyAllāhu ‘anhu) in Ṣaḥīḥ Muslim that the Prophet (ṣallallāhu ‘alayhi wa sallam) combined the prayers when there was no fear (of war etc) nor any rain, rather it was to lift difficulty from his Ummah i.e. give them an option of respite during difficult times.

In your next question, you ask about the problem of potential urine drops still being present after you completed the act of istinjā’.

This is a well-known matter in the books of fiqh, and it is sufficient to state that the juristic maxim, “Certainty is not removed by doubt” comes into play here. Once you have dried yourself and then washed yourself, then you are now clean. This is what is certain. After this, everything else is just doubt. Any wetness is of course more likely to be the water you have just used, and the amount of urine that might exit after some time cannot possibly be considered with respect to the water used.

Indeed, even in the absence of water to cleanse yourself with (which is allowed of course, and is called “dry istinjā’” or “istijmār” using tissue paper only or clods of earth etc), Allah jalla wa ‘ala has not put such a hardship upon mankind that they would need to remain seated after urination for 20 minutes each time waiting for every single tiny drop of urine etc to exit. Life could not function with such a reality and that is why the scholars have unanimously agreed that one cleans the area the recommended number of three times and then that is sufficient and he/she continues with the rest of their wuḍū’ and ignores anything else they may feel or indeed the Shayṭān whispering his deviant thoughts and doubts.

Of course, if drops of urine do indeed come out shortly after one has performed istinjā’ and one is not suffering from some medical condition, then they are obligated to repeat their istinjā’ and clean and wash the area that has been soiled.

Ibn Taymiyyah was asked[xiii] about someone who feels drips during his prayer after making istinjā’, to which he replied:

“Simply feeling that there is a drip does not invalidate the wuḍū’ – it is not possible to leave an obligatory prayer simply based upon uncertainty. As for if there is definitely urine which comes out externally then his wuḍū’ has become invalid and he needs to do istinjā’. As for the one who has some form of urinary incontinence then his prayer is not invalidated by this as long as he fulfils the usual conditions that are to be followed.”

If indeed you do have a weak pelvic muscle which is causing real leakage of significant amounts of urine, one should make his istinjā’ and then cover the private parts with a separate cloth or pad to minimise any impurity going to the clothes, and then even if it does get onto the clothes because of its continuous and uncontrollable nature then this is considered to be pardoned if the quantity is not significant. The word “significant” was never defined by the Prophet (ṣallallāhu ‘alayhi wa sallam) and thus the madh-habs put forward their own criteria, some mentioning the approximate area of a 50p piece, whereas some even said as large as a quarter of the total area in question. In reality, none of these definitions are binding due to their lack of evidence – we opine that “significant” would be the amounts that the society at present would consider “significant” i.e. what amount of apparent impurity/filth on your clothes would it take for someone to be shocked if they looked at it? That is the criteria to use for someone who is suffering from incontinence and it is easy for them to change clothes for the prayer, but as we have already said, even if the amount is large as the evidences above from the wives of the Prophet (ṣallallāhu ‘alayhi wa sallam) illustrate, then he continues because of the legal excuse that he has.

We hope that all of the above discussion of the evidences and explanation of the matters and principles at hand have answered your questions but in summary, we can state:

-          You do not need to repeat your wuḍū’ for every prayer

-          With a single wuḍū’ you can perform all obligatory and “nafl” acts of worship

-          Passing wind etc due to your medical problem in the midst of making wuḍū’ or ghusl will not affect what you are doing and you should continue as normal

-          You can combine between the prayers when your condition causes you difficulty to pray in the prescribed times

-          You should ignore any wetness felt after making istinjā’

And Allah knows best.

Signed:

Abu Eesa Niamatullah (Member, al-Qalam Sharī‘ah Panel)

---

[i] Al-Ikhtiyār li-ta‘līl’l-Mukhtār 3/508, Ḥāshiyah Ibn ‘Ābidīn 1/504, al-Baḥr’l-Rā’iq 1/226, Marāqiy’l-Falāḥ p.60, Sharḥ Fatḥ’l-Qadīr 1/181, Tabyīn’l-Haqā’iq 1/64 and Badā’i‘ al-Ṣanā’i‘ 1/28.

[ii] Al-Mughni 1/421, Sharḥ Muntahā’l-Irādāt 1/120, Kashshāf’l-Qinā‘ 1/215, al-Inṣāf 1/377, al-Furū‘ 1/279 and Sharḥ al-Zarkashi 1/437.

[iii] Al-Majmū‘ 1/363, 1/543, Mughniy’l-Muḥtāj 1/111 and Rawḍat’l-Ṭālibīn 1/125 and 1/147.

[iv] The author of Mawāhib’l-Jalīl (1/291) said:

The path chosen by the ‘Irāqi Mālikiyyah from amongst us is that anything which exits the body involuntarily (i.e. in a continuous, incontinent fashion) does not invalidate one’s wuḍū’ at all. One is only recommended to make wuḍū’ as a result (not obligated).

As for what is well known from the Moroccan Māliki school, then incontinence is of four types:

1. If one is constantly in a state of incontinence, wuḍū’ is neither obligatory nor recommended for there is no benefit to it, thus his wuḍū’ is not broken by his (urinary) incontinence
2. If one is in a state of incontinence for longer than he is not in a state of incontinence, then it is recommended for him to make wuḍū’ unless that becomes difficult for him due to cold or some other harm. In such a case, it doesn’t become recommended to do so.
3. If the length of time that he is incontinent and he isn’t, is the same. Here, with respect to the obligation and recommendation of the wuḍū’, there are two opinions (i.e. that it is obligatory, and the second that it isn’t obligatory but just recommended)
4. If the time that he is free from the incontinence is greater than when he is incontinent, then the popular opinion is that it is obligatory for him to perform wuḍū’ in contrast to our companions from the ‘Irāqiyyīn, for it is but recommended according to them.

For further discussion of the dominant Māliki position, see Ḥāshiyat’l-Dusūqi 1/116, Fatḥ’l-Barr fī Tartīb’l-Tamhīd 3/508, al-Istidhkār 3/225, and al-Qawānīn’l-Fiqhiyyah li Ibn Juzayy, p.29.

[v] Al-Muhallah, point 168

[vi] Majmū‘ al-Fatāwah 21/222-225

[vii] Taken from the study of Shaykh Dubyān Muḥammed al-Dubyān in his book al-Ḥayḍ wal-Nifās Riwāyah wa’l-Dirāyah

[viii] 2/72

[ix] Nasb’l-Rāyah 1/201

[x] Sharḥ’l-Bukhāri by Ibn Rajab 2/73

[xi] ibid

[xii] Al-Awsaṭ 1/164

[xiii] Majmū’ al- Fatāwa 21/219

 

Thoughts On My Son’s Memorisation of the Qur’an

Bismillahi ma sha Allah, on this blessed 27th of Ramadhan, my son Eesa, 10, has finally completed his hifdh of the Qur’an. Allahu Akbar. =)

 

Alhamdulillah, and again Alhamdulillah – both Umm Eesa and myself cannot praise our Lord enough for His immeasurable bounties and mercy.  How He has favoured us in so many ways is quite simply breathtaking. Alhamdulillah, and again Alhamdulillah.

After the permission and tawfeeq of Allah ‘azza wa jall, this is the culmination of many years of really hard work and sacrifice on behalf of my wife, myself and of course Eesa himself. This is no doubt only the beginning of a long road that all of us should be wanting to set out upon, but to finally reach Stage One in what we hope to be many stages on the way to creating real authentic scholarship and leaders for the Muslims in the West in sha Allah, one cannot but feel so relieved and happy especially at such a blessed, beautiful time of the year. Alhamdulillah.

We wanted to share this wonderful news with our friends and family for two main reasons

1. Because I trust that the very first statement that will fall from the lips of you Islamically educated and upright individuals will be “ma sha Allah, laa quwwata illa billah.” (thus protecting my family from any dodgy nazar bakwas!) and that the second statement will be a du‘a from you blessed people which we are truly and sincerely SO dependent upon, always and forever.

2. Because there is a real need for the Muslims to take their children’s Islamic upbringing very seriously; news such as this should be used to encourage and inspire us all to set out and complete this same objective as easily and successfully as possible. In fact, despite the obvious “nazar” doubts I see this as obligatory upon myself to share such news as my own senior Mashayikh advised me. It IS possible, it IS your priority for your children, and IT is the best thing you’ll ever commit serious time to.

I don’t have the time to write in depth about some of the key things we did, our tips and tricks and the like – note that I’m a huge believer in the principle of “different strokes for different folks” – what worked for us might not work for others, or even be applicable. I do actually intend perhaps on teaching a family seminar and maybe also bringing this to a weekly class as well in Manchester for 2012 where I’ll go into proper detail along with scriptural evidences etc in sha Allah.

But for now at the very least, you should know:

- if your child doesn’t love to memorise and you don’t create an atmosphere of the same, then this will be very difficult. Sure, taking a hard-line approach, hardcore punishment and (light) beats etc is a tried and tested method which might work now but it’ll come back to sting you on the backside later when they show no interest for the meaning of the Qur’an or even wanting to study it. And anyway, there are enough things you can withdraw from a kid’s life these days which hurt much more than a slap – there is somebenefit in the Premier League after all… =)

- this whole Qur’an memorisation game takes up so much time from both parents so be ready for that, but don’t run away from it. You and your child will suffer if you just delegate your child’s education to some next Maulvi as I mentioned in my lecture called “The Absent Father” (see the Prophetic Guidance site for that).

- the most important person in this whole equation – even more than the child – is the mother. I have said many times before to you that the most important education you give is to our women, because they are the ones who hand-rear and build the next leaders of the world. That’s not some Hollywood movie rhetoric by the way – I am fully committed to making my children the greatest thing this world has seen since slic…Haagen Dazs Strawberry Cheesecake Ice-Cream in sha Allah. =)

And I recognise that your wife will play at least a 70% winning role in that effort. You simply cannot invest enough into looking after your wife, supporting her, educating her, and loving her all the way throughout. She not only has to be the engine for this process, but then she has to be the daily role-model and yet at the same time put up with a lot of disrespect and disappointment and anger from the kids which they will never dare display to their father. It’s a thankless job for many years but that’s why a righteous woman is the very best provision a man can ever receive, because it is her faith, righteousness and love in Allah jalla wa ‘ala that keeps her going along this very long and tiring path.

- We live in a new age. I seriously fear that even less people will be memorising our texts in the future despite our numbers swelling like crazy over the next 50 years. Firstly, there are just FAR too many distractions as well as secondly, there are too many new tools that will allow one to get away with not having to memorise anything. I tell my students that a set of glasses will be available soon that one can wear and they will have the entire Qur’an displayed in front of your eyes – being an Imam will become a piece of cake! I saw an NEC prototype with other material 2 years ago so just wait for that one to be released and then you’ll realise what I’m talking about.

So these two realities of our new styled life (not just in the West but everywhere) means that we have to be dynamic when it comes to our approach to this challenge. In my personal opinion that means embracing technology and the razzmatazz of this new life, and not trying to fight it – ipods, the internet, MP3 players, and other trials in normal society such as Sony Playstations, Ben-10, Ronaldo & Messi and the Transformers. These have to be part of the solution, and not just seen as the problem. We’ve personally been able to use all of the above to get the first part of the job done and we will be very dependent on them to maintain our progress and move through to the next stages of consolidation of the hifdh, the adding of qira’at, memorisation of tafsir and hadith etc.

This is controversial I accept, but for me it’s a Yankee no-brainer.

- further to the above, be prepared to seriously dig deep into those pockets. You will definitely have to come good for all the promises and carrots you dangled in front of your kids otherwise they’ll never trust you ever again. I wince when I look at what I’ve had to pay and what I will be paying soon to keep this up from machines, to games, to outings to arcade chairs to all kinds of bakwas. But it is worth it. Believe me, it is worth it. Just sitting with my kid and discussing tafsir and the grammar of the Qur’an during our recitals has shown me that and you definitely need to 100% believe me in that too so that you aim for the same kind of satisfaction ma sha Allah.

Note that I’ve been able to lessen this financial burden by being pretty frugal and keeping the kids away from such delights above for many years – they never had anything electrical or game machines etc all their lives, and thus to be given them as a prize and carrot makes their value even more great to them. But if you have this approach where you shower your kids every year with gifts and top-end stuff, or when they get good Secular grades or you celebrate birthday bakwas etc and the like, then expect a real hard slog to really motivate your children when it comes to Deen. Just sayin’ ya’ni.

Oh and prepare yourself to have regular kick-offs with your Dentist. Your kids teeth are going to get battered with all the chocolate bribes. Have you ever tried getting a kid to memorise a page for an apple?!

- the final point for now is specifically aimed at those writers/activists/public people/scholars/da’ees etc who do such good in the community but don’t invest the same time in their children. I’m not here to judge but I will say that I hope you don’t come to a day when you look back and regret the hundreds of hours spent on the da‘wah and then didn’t get at least the same results from those whom you are obligated to care for. People often find it insulting when I have a dismissive attitude to giving lectures and accepting invitations – I don’t really mind people getting offended by that to be honest. My skin is far too thick for that, perhaps my brain as well. But I learnt my lesson early on many years ago and I’ve done my fair share on that scene – there’s now plenty of speakers and lecturers around at the moment who love doing that so good luck to them. I don’t want to have that problem again myself, so I’ll just take it easy and focus on what I feel the priorities are – if that means I accept some, reject some, ignore some, then so be it. It’s about balance. We HAVE to teach and educate the people and give quality da‘wah but lets not go to any extremes. And I advise those of you with children to be that ruthless as well, if not more so.

There’s so much more that can be said about all of this but I just want to focus on this time of ‘ibadah and thanking Allah jalla wa ‘ala for his infinite bounties and blessings.

I also wanted to thank all of the hundreds perhaps thousands of people I come across in real life as well as online who make du‘a for me and my family. May Allah bless you all and give you the very best in this life and the next. Many of you know that I have a slogan which I say often: “please pray for me because we are completely dependent upon it”. See, I’ve learnt a long time ago the amazing power of du‘a. Really. I mean it.

And I guess well now you know that we truly and sincerely are grateful for those supplications, and these blessings above are partly in response to your wonderful empathy and generosity, so long may it continue! We are dependent upon it. =)

Eesa’s feat isn’t amazing by any stretch of the imagination because we’ve seen enough Youtube videos showing amazing miracle kids and the like, but this message is a reminder to you on what can be achieved, and it is also a reminder to myself on how important it is to be keep going and make something from this and to not just rest on our laurels so as to humiliate myself and my family. This will be good motivation for me!

Having said the above, well done Eesa. You did great son – may Allah jalla wa ‘alaincrease you in good, and make you a million times the man your father could ever possibly have been (which won’t be difficult lol!) and that you become a credit to this mighty nation of the followers of Sayyidina Muhammad (sallallahu ‘alayhi wa sallam). Ameen!

=)

AE