Tuesday, March 20, 2007

Fiqh Q and A


FIQH 101

Tahaarah[1] [2]

Water
  1. What is the linguistic and Islamic meaning of Fiqh?
  • Linguistic meaning: The Arabic word Fiqh means knowledge, understanding and comprehension
  • “understanding” as what occurred in the Hadeeth of Muaawiyah ibn Abi Sufyaan that the Messenger of Allah said: “If Allah wants to do good for a person, He makes him understand (yufaqqihu) the religion”.[Bukhari 71], Muslim [2386]
  • Islamic meaning: It refers to the legal rulings of the Muslim scholars, based on their knowledge of the Shari’ah; and as such is the third source of rulings

2. Is it compulsory to follow a specific school of thought or not[3]?

  • Two words first. Mujtahid: One who is capable of Ijtihad, which is exerting effort in deriving rulings from the texts of Sharee'ah. Examples are the Four Imaams Abu Haneefah, Malik, Shafi'ee and Ahmad ibn Hanbal, and many other less well known Imaams. A Muqallid is the one who does Taqleed, which is acceptance of saying of someone without proof.
  • It is compulsory for a Muqallid to follow a Mujtahid. Ask the People of Knowledge if you do not know.” [Soorah al-Anbiyaa 21:7]

3. What is meant by Tahoor purifying Taahir pure water?

  • Tahoor: Originally pure and can be used for purifying
  • Taahir: Pure but can not be used for purifying (i.e. Juice)

4. Can we use water mixed with sugar, flour, for ritual purification?

  • As long as there is only slight change because sugar and flour are pure materials.
  • Shaykhul Islam Ibn Taymiyyah states: “There are many cases in which the characteristics of little or much water are affected by pure objects, such as potash, soap, lote tree leaves, dust, dough, and suchlike things that may change water, For example, water might be put in a pot containing traces of lote tree leaves that would affect its characteristics, though the water would not be completely changed in this case. Scholars hold two well known opinions regarding such case
  • Ibn Taymiyyah then mentions those two opinions with the arguments they are based on. He supports the opinion maintaining that it is permissible to use such water for purification saying: “In fact, this is the sound opinion, for Allah says. “…But if you are ill on a journey or one of you comes from the place of relieving himself or you have contacted with women and do not find water, then seek clean earth and wipe over your faces and hands with it…” [Al Maidah:6] Water here is an indefinite noun in a negative phrase, which, in Arabic, implies that ‘water’ in the above-mentioned verse includes everything referred to as ‘water’ in general, with no distinction between different kinds of water.[4]

5. According to Muslim jurists what is of three types what are they? (I don’t know that the teacher meant here)

6. What are the criteria to distinguish between pure and impure water?

  • Change in its taste, smell and color distinguish between pure and impure water.

7. Can we use Zamzam for ablution?

  • Water from the well of Zamzam: 'Ali narrated that the Messenger of Allah, upon whom be peace, called for a bucket that contained water from the well of Zamzam. He drank from the bucket, and then made ablution (with its water). This hadith is related by Ahmad[5].

8. In which category falls used water?

  • This category of refers to water which drips from the person after he performs ghusl or ablution.

9. What is the ruling of leftover water of beast of prey?

  • Fiqhus Sunnah: Such water is also considered pure, based on the hadith of Jabir[6] in which the Messenger of Allah was asked about making ablution with drinking water left by donkeys. The Prophet, upon whom be peace, answered, "Yes, and from the drinking water left by any of the beasts of prey." This hadith was related by ash-Shafi’ee, ad-Daraqutni and al-Baihaqi who said, "When its different chains are put together they become strong." It has also been related from Ibn 'Umar[7] that the Messenger of Allah went out at night while he was on a journey. He passed by a man who was sitting by a pond. Said 'Umar, "Did a beast of prey drink from your pond tonight?" The Messenger of Allah told him, "O owner of the pond, do not inform him. It is not necessary, for him (the beast of prey) is what he carried in his stomach and for us is what he left, water to be used for drinking and purifying." This is related by ad-Daraqutni. Yahya ibn Sa'eed[8] reported that once 'Umar was among a group that included 'Amr ibn al-'Aas and, when they came upon a pond, 'Amr said, "O owner of the pond, have the beasts of prey discovered your pond?" 'Umar said, "Do not inform us, since the people drink after the wild beasts and the wild beasts after the people." This is related by Malik in al-Muwatta.
  • According to Shaykh al Albani’s checking these three ahadeeth are weak (see footnotes 6, 7 and 8) therefore they are not evidence to establish the permissibility of using leftover water of beast of prey.

10. Is the leftover water of lawful animals like camel, sheep, or unlawful animals like donkey, cat allowed?

  • Water left in a container after an allowable animal has drunk from it: Such water is considered pure. Since the animal qualifies for consumption, its saliva is also pure. Abu Bakr ibn al-Mundhir said, "The scholars are agreed that such water is permissible to drink or use for ablution."
  • Regarding cats, the Prophet s.a.w. said: “It is not impure; it is one of those which go round among you”. Related by At-Tirmidhee, who deems it sahih and other compilers of hadith [9].

11. What is the ruling of leftover of a pig or a dog?

  • Water left in a pot after a pig or dog has drunk from it: Such water is considered impure and must be avoided. Al-Bukhari and Muslim have recorded, on the authority of Abu Hurairah, that the messenger of Allah said, "If a dog drinks from one of your containers, wash it seven times." Ahmad and Muslim also have this addition, "Cleanse one of your containers if a dog licks it by washing it seven times, the first washing being with dirt." As for the leftover water of a pig, it is clearly considered filth and impure.

12. What is the ruling of an object touched by a non Muslim?

  • As for the clothes of the disbelievers, it is permissible to wear them unless they are known to be impure. This is because the original ruling on their clothes is that they are pure, and they cannot be deemed impure out of mere suspicion. Likewise, it is permissible to use whatever is weaved or dyed by the disbelievers, for the Prophet sallallaahu alaihi wa sallam and his Companions used to wear clothes weaved and dyed by disbelievers. And Allah, Exalted be He, knows best.[10]

Impurities



13. What does impurity means in Islamic Shariah?

  • Najasah (Impurities) refers to impure substances that the Muslim must avoid and wash off if they should happen to contaminate his clothes, body and so on. Says Allah in the Qur'an, "Purify your raiment" (alMudathar 4); and, "Allah loves those who repent and who purify themselves" (al- Baqarah 222). The Messenger of Allah also said, "Purity is half of the faith."

14. According to the most correct opinion of Muslim Scholars list the impurities in Islamic Shariah?

  • Dead Animals – animals which die from natural causes, that is without proper Islamic way of slaughtering. Exceptions: i. Dead animals of the sea and dead locusts
    ii. Dead animal that have no running blood (i.e. bees, ants, and so on)
  • Although in Fiqhus Sunnah, it is mentioned that the bones, horns, claws, fur, feathers, skin and soon of dead animals are considered to be pure, Shaykh al Albani said: Rather the skin of dead animals is established to be impure due to the many ahaadeeth from the Prophet, sallallaahu ’alaihi wa sallaam, such as his, sallallaahu ’alaihi wa sallaam, saying, "When the skin is tanned then it is purified" [Reported by Muslim and others]. The fact that the skin has to be tanned to make it pure is clearly shown by the following hadeeth reported by Ibn ’Abbaas – (p7-8). [TM]

  • Blood . Fiqhus Sunnah. This includes blood that pours forth from an animal’s body such as blood from a slaughtered animal or from menstruation except for what a small amounts are overlooked.[11] Shaykh Al Albani says: This is incorrect due to two reasons: That there is no proof for this from the Book or Sunnah – and the principle is that things are pure unless declared impure in a text. That it contradicts what is established in the Sunnah.
    1. As for the blood of humans – then that is shown to be pure by the hadeeth of the Ansaaree who prayed at night and was struck by arrows and continued praying even though his blood flowed. [Reported in mu’allaq form by al-Bukhaaree and connected by Ahmad and others – Saheeh Abee Daawood, 193]
    2. As for the blood of animals – then that is also pure as shown by the authentic narration that Ibn Mas’ood some camels and ??? became smeared with their blood and excrement – then the ’Iqaamah was given and he prayed without making wudoo.
    3. Reported by ’Abdur-Razzaaq in his musannaf (1/125), Ibn Abee Shaibah (1/392) and at-Tabaraanee in al-Mu’jamul-Kabeer 9/283) with Saheeh isnaad from him.


  • Pig’s meat

i. Say (O Muhammad SAW): "I find not in that which has been inspired to me anything forbidden to be eaten by one who wishes to eat it, unless it be Maytatah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of swine (pork, etc.) for that surely is impure, or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for others than Allah (or has been slaughtered for idols, etc., or on which Allah's Name has not been mentioned while slaughtering). But whosoever is forced by necessity without willful disobedience, nor transgressing due limits, (for him) certainly, your Lord is OftForgiving, Most Merciful." [6:145]

  • Vomiting of a person, urine and excrement
  • Al Wadi – a thick white secretion discharged (by some people) after urination.
  • Al Madhi or Prostatic Fluid.

15. What are the two dead things that are made lawful to us?
1. Dead animals in the sea
2. Dead locusts
i. Dead animals of the sea and dead locusts: Ibn 'Umar reported that the Messenger of Allah said, "Two types of dead animals and two types of blood have been made lawful for us. The locusts types of dead animals are seafood and locusts. The two types of blood are the (blood of the) liver and the spleen." This is related by Ahmad, ash-Shaf'i’ee, al-Baihaqi and ad Daraqutni. The hadith is weak. (In Marfoo’ form)
ii. But Imam Ahmad says that it is authentic in Mawqoof form and this takes on the ruling of Marfoo’ Hukman. Therefore it can be used as evidence.[12]

16. What is the ruling of insects that do not have running blood like honey bee, ants etc? What do you do if they fall in water or food?

  • They are considered to be pure and we can just remove them if they fall to water or food.
    i. Fiqhus Sunnah; (That is) bees, ants, and so on. They are considered pure. If they fall into some substance and die, the substance will not become impure. Ibn al-Munzhir said, "I do not know of any disagreement concerning the purity of such water save what has been related from ash-Shaf'i’ee. It is well-known that he views them as being impure. Nevertheless, it does not bother him if the object falling into a substance does not alter it (in any way)."

17. What is the meaning of “Jallaalah”?

  • Jallaalah refers to an animal that eats the waste or flesh of other animals such as camels, cows, sheep, chickens, geese, and so on.

18. Is it allowed to eat meat or drink the milk of an animal which uses impurities?

  • Ibn Abbas reported that the Messenger of Allah forbade the drinking of such animal’s milk. This hadeeth is related by ‘the five’ except for Ibn Majah. At-Tirmidhee grades it as Sahih.

19. What is the ruling of moistness that excretes from the private parts of a woman?

  • Scholars agree that it is impure. ‘Ali said, “I used to excrete Madhi, so I asked a man to ask the Messenger of Allah, upon whom be peace, about it. I was shy to do so because of my position with respect to his daughter. He said, ‘Make ablution and wash your penis.” This is related by al-Bukhari and others.

20. List the means of purifications.

  • Water
  • Earth
  • Solid materials (except bones and dungs)

21. How do you clean a carpet it there is some impurity?

  • Pour water over it until the traces of impurity of disappear.


22.How do you clean a ground if it is impure?

  • Purifying the ground: If there are impurities on the ground, it is purified by pouring water over it. This is proven by Abu Hurairah's hadith, mentioned earlier, about the bedouin who urinated in the mosque. The Prophet, upon whom be peace, said all that needed to be done for purification was to pour water over it. Said Abu Qulabah, "The drying of the ground is its purification." 'Aishah said, "The purification of the ground is its becoming dry." (Related by Ibn Abi Shaibah.) This, of course, refers to the case where the impurity is a liquid. If the impurity is a solid, the ground will only become pure by its removal or decay.

Etiquettes in answering the call of nature

23. Mention any five etiquettes of answering the call of nature[13]

  • Upon entering the bathroom, it is desirable for a Muslim to say, “In the Name of Allah, I seek refuge with Allah from all offensive and wicked things (evil deeds and evil spirits)” stepping with the left leg.
  • When leaving it is desirable to step out with the right leg invoking, “I seek Your forgiveness. Praise be to Allah, Who removed harm from me and gave me health.”[14]
    In case one has to answer the call of nature outdoors, one is prohibited to face or turn one’s back to qiblah[15]
  • One should not enter a bath while having something (like a paper, a document, or anything else) containing the Name of Allah, Exalted and Ever-Majestic be He, or any Qur’anic verses. If one fears that one may lose them when they are left outside the bath until one finishes, it is permissible for one to enter the bath while having them, provided that they are covered.

24. Is urinating in a place where you take a bath allowed? If yes what are the conditions that should be regarded?

  • Fiqhus Sunnah: One should not urinate in bathing places or in still or running water: 'Abdullah ibn Mughaffal narrated that the Prophet said, "None of you should urinate in a bathing place and then make ablution in the water. The majority of waswas comes from that." This is related by "the five," but the statement, "and then make ablution in it" was only related by Ahmad and Abu Dawud. Jabir said the Prophet forbade urinating in still as well as running water. (Related by Ahmad, an-Nasa'i and Ibn Majah.) In Majma az-Zuwaid it states, "This was related by at-Tabarani, and its narrators are trustworthy."
    Shaykh al Albani said in Tamaam al Minnah: "’Abdullaah ibn Mughaffal narrated... reported by the five." The hadeeth is weak since the reporter from the Companions is al-Hasan al-Basree who despite his fame and position was a mudallis, and he narrates here using ’an’anah. However Aboo Daawood and other report with a saheeh isnaad that Allaah’s Messenger, sallallaahu ’alaihi wa sallaam, forbade that one of us should comb our hair every day or that he should urinate in his bathing place. [TM]
  • If there is a drain in the bathing place, it is permissible to urinate into it.[16]

25. Could other than water be used for cleansing oneself after answering the call of nature?

  • Yes and it is called Istijmar (One can solid materials such as stick or stone or paper etc)
    Narrated Anas ibn Maalik (may Allah be pleased with him): Whenever the Messenger of Allah (may the Blessings of Allah and Peace be upon him) went to answer the call of nature I along with another boy used to carry an Idaawah [small container made from leather hide], full of water (for cleaning the private parts) and an ‘Anazah (spear-headed stick). [Al Bukhaaree 1/109, no. 154][17]
  • Narrated Abu Hurairah: Allah’s Messenger said: If anyone of you performs ablution he should put water in his nose and then blow it out; and whoever cleans his private parts with stones should do so with odd numbers. And whoever wakes up from his sleep should wash his hand before putting it in the water for ablution, because nobody knows where his hand was during the night. [al-Bukhaaree 1/114, no. 163; Muslim 1/166, no. 544][18]

26. Urinating while standing is allowed with some conditions, what are they?
One of the conditions is there should be some sort of covering between the one who urinate and the people. One must make sure that no part of urine will contaminate the clothings.

  • Hudhaifa (may Allah be pleased with him) reported: I was with the Messenger of Allah (may the Blessings of Allah and Peace be upon him) when he came to the dumping grounds (for trash) belonging to a particular tribe. He urinated while standing and I went aside. He (may the Blessings of Allah and Peace be upon him) asked me to come near him and I went so near to him that I stood behind his heels. He then performed ablution and wiped over his socks. [Muslim 1/163, no. 522][19]

27. List all the ten acts of nature that are mentioned in the hadeeth?

  • Circumcision
  • Shaving the pubes
  • and hair of armpits
  • Trimming mustache
  • Rinsing mouth
  • Sniffing water from the nose
  • Trimming finger nails

28. Is coloring hair allowed or not? If yes mention the conditions.

  • Yes, allowed (Henna and Kattaan). Abu Hurairah reported that the Prophet, upon whom be peace, said, "The Jews and Christians do not dye, so differ from them." (Related by "the group[20].") Abu Dharr reported that the Messenger of Allah said, "The best thing that one can use to change the color of grey hairs is Henna and katm (a reddish dye)." (Related by "the five.[21]")
  • Except black color. Fiqhus Sunnah: …a group of them used a black dye[22]. Shaykh al Albani said: Even if that is established, them it is not a proof, since it contradicts the saying and action of the Prophet, sallallaahu ’alaihi wa sallaam. And what is reported from the chief companions such as Aboo Bakr and ’Umar, radiyallaahu ’anhumaa, that they dyed with henna and ‘kattaan’, should be acted upon, since it is in agreement with the Sunnah, and not that which contradicts this, especially since there is doubt about its being established from some of them, as Ibn al-Qayyim said. And therefore an-Nawawee clearly states that it is forbidden in Al-Majmoo’ (1/294), using the hadeeth of Jaabir as proof. [TM]
  • Fiqhus Sunnah: "Ibn Hajr mentioned in Fathul Baaree that az-Zuhree said ..." Even if it is established from az-Zuhree, then it is not a proof since it would be his saying only (Maqtoo’) and he is a taabi’ee. [TM]
  • Fiqhus Sunnah: “Said Jabir, "Abu Quhafah (Abu Bakr's father) was brought to the Prophet during the conquest of Makkah while his head was "white." The Prophet, upon whom be peace, said, "Take him to one of his wives and let her change the color of his hair with something, but she should avoid (making his hair) black." (Related by "the group," except for al-Bukhari and at- Tirmidhee). This dealt with a certain incident, and cannot be generalized. Furthermore, black would not be proper for someone as old as Abu Quhafah.
    Shaykh al Albani said: Rather the rule is that "An order for one of the Ummah is an order for the rest of the Ummah." And that this order was not particular to Aboo Quhaafah is the conclusion of an-Nawawee, as has preceded and of al-Haafiz ibn Hajr (6/499 and 10/354) . And this is supported by various ahaadeeth: From Ibn ’Abbaas, that Allaah’s Messenger, sallallaahu ’alaihi wa sallaam, said, "There will be at the end of time a people who dye with this – black – like the crops of doves – they will not smell the fragrance of Paradise." [Reported by Aboo Daawood, an-Nasaaee, Ahmad and at-Tabraanee.] From Abud-Dardaa in marfoo’ form, "He who dyes with black, Allaah blackens his face on the Day of Resurrection." Al-Haithumee said, "Reported by at-Tabraanee and it contains al-Wadeen ibn ’Ataa, declared reliable by Ahmad and Ibn Ma’een and Ibn Hibbaan, and declared weak by others lesser in station than them. And the rest of its narrators are reliable." Al-Haafiz said (10/292) after attributing it to at-Tabraanee and Ibn Abee ’Aasim, "Its isnaad is weak." Anas, radiyallaahu ’anhu, said, "We were with the Prophet, sallallaahu ’alaihi wa sallaam, one day when Jews entered upon them, and they saw them having white beards, so he said, "Why do you not dye?" So it was said, they dislike it. So he, sallallaahu ’alaihi wa sallaam, said, "But rather, you should dye! And beware of black." Al-Haithamee said, "At-Tabraanee reports it in Al-Awsat, and it contains Ibn Lahee’ah, and the rest of its narrators are reliable. And it is a hasan hadeeth." ’Abdullaah ibn ’Umar, reports in marfoo’ form, "Yellow is the dye of the Believer and red is the dye of the Muslim and black is the dye of the disbeliever." Al-Haithamee said, "At-Tabraanee reports it and it contains someone I do not know." Thus it is clear that using black dye is forbidden, and this is the position of a group of scholars and about which Ibn al-Qayyim said, "It is what is correct without a doubt." As regards the hadeeth, "The best of that which you use as a dye is this black, it makes you more desirable to your women and puts fear of you into the hearts of your enemies." Reported by Ibn Maajah (2/382)], then its isnaad is weak, it contains two weak narrators, (Ad-Da’eefah, 2972). [TM]
  • It is also not allowed to used unnatural hair colors such as green etc. (If it is not allowed to dyes one's hair with black which is a natural color, then how much more with unnatural color).








    [1] All answers and reference cited are from Fiqhus Sunnah by Sayyid Sabiq unless otherwise noted and copy-pasted from Islamsoft’s The Hadith Software version 1.0
    [2] Hadeeth checking of Shaykh al Albani on Fiqhus Sunnah entitled Tamam al Minnah are used here to verify the hadeeth that Sayyid Sabiq used. Taken from http://www.salafipublications.com/ and translated by Dawood Burbank. From here onwards the abbreviation TM (Tamam al Minnah) will be used.
    [3] These are my own answers.
    [4] A Summary of Islamic Jurisprudence. Dr. Salih Al Fawzan. Pg. 11
    [5] ." It is reported by ’Abdullaah ibn Ahmad. The hadeeth is hasan, [Irwaa‘ul-Ghaleel, no. 13]. [TM]
    [6] The Hadeeth is Da’eef as An Nawawi quoted in al Majmoo’ (1/173) [TM]
    [7] Also weak its isnaad contains Ayyoob al Harraanee who is da’eef – and on top of that he causes Idtiraab in its isnaad. [TM]
    [8] It is reported from ’Umar by Yahyaa ibn ’Abdir-Rahmaan ibn Haatib (who was not born until after the death of ’Umar) not by Yahyaa ibn Sa’eed. It is therefore weak (munqati’). [TM]
    [9] Abu Dawud (75) [1/49], At-Tirmidhee (92) [1/153], An-Nasaa’ee (68) [1/58] and Ibn Majah (367) [1/228]
    [10] A Summary of Islamic Jurisprudence. Dr. Salih Al Fawzan. Pg. 17

    [11] Fiqhus Sunnah Eng. Trans. Vol. 1 pg. 8
    [12] These are my words
    [13] A Summary of Islamic Jurisprudence. Dr. Salih Al Fawzan. Pg. 26
    [14] In Fiqhus Sunnah, Sayyid Sabiq attributed this hadith to the group (Vol. 1 pg. 17) But Shaykh al Albani says in Tamam al Minnah: ‘the group’ meaning, al-Bukhaaree, Muslim, Aboo Daawood, at-Tirmidhee, an-Nasaaee and Ibn Maajah.
    This wording including ‘In the name of Allaah’ is not reported by any of ‘the group’, but rather by Sa’eed ibn Mansoor in his Sunan and by Ibn Abee Shaibah in his Musannaf (1/1) and Ibn Abee Haatim in al-’Ilal (1/64) and its isnaad contains (Aboo Mi’shar Najeeh) who is weak.
    There are other narrations ordering this, from Anas – but these are Shaadhdh. The practice of saying ‘Bismillaah’ when entering the toilet may, however be supported by the hadeeth of ’Alee, radiyallaahu ’anhu, from the Prophet, sallallaahu ’alaihi wa sallaam, who said, "The screen that is between the eyes of the Jinn and the private parts of the sons of Adams, when one of them enters the toilet, is that he says ‘Bismillaah’." Reported by at-Tirmidhee and Ibn Maajah, and declared weak by at-Tirmidhee, but it has two supporting isnaads from Anas, reported by at-Tabaraanee, so the hadeeth is at the very least hasan. And see Irwaa‘ul-Ghaleel, no. 50. [TM]
    [15] Al-Bukhari (144) [1/322] and Muslim (608) [2/148]
    [16] Fiqhus Sunnah pg. 19
    [17] Taken from study notes on Tayseer al-‘Allaam Sharh Umdah al-Ahkaam by Shaykh Abdullah ibn Abdur-Rahmaan Aal Bassaam. Presented by Abu Muhammad Abdurauf Shakir. ww.islamlecture.com

    [18] Ibid.
    [19] Taken from study notes on Tayseer al-‘Allaam Sharh Umdah al-Ahkaam by Shaykh Abdullah ibn Abdur-Rahmaan Aal Bassaam. Presented by Abu Muhammad Abdurauf Shakir. ww.islamlecture.com
    [20] Al Bukhari, Muslim, Abu Dawood, An-Nasaa’ee, At-Tirmidhee and Ibn Majah
    [21] Ahmad, Abu Dawood, An-Nasaa’ee, At-Tirmidhee and Ibn Majah
    [22] Fiqhus Sunnah Vol. 1 pg. 23

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