Bahaar-e-Shariat Volume 2 Blog Page 14

Laws of Jurisprudence

Regarding Tayammum

Law: One who is not in the state or Wudu or is in need of taking the ritual bath but cannot locate water may perform ‘Tayammum’ in place of Wudu and Ghusl. There are a few situations where one is not able to make use of water.

1. In the case of Illness: If one is ill and he knows that performing Wudu or Ghusl will definitely increase the illness or delay the recovery and he has ascertained this personally by noticing that making Wudu or Ghusl causes the illness to worsen or if a qualified Muslim doctor who is not noticeably an open sinner tells him that the use of water will be harmful to him. (In this case one may perform Tayammum).

Law: Tayammum is not permissible if one merely assumes that the use of water will worsen the illness. Similarly, the advice given by a kaafir, open-sinner or an unqualified doctor is not regarded as reliable to legitimise Tayammum.

Law: If the use of water does not cause his sickness to worsen but movement for the sake of Wudu and Ghusl will cause him harm or if he is not able to perform the Wudu himself and he has no one else who can assist him to perform it then even in such a case he may perform Tayammum. Similarly, if ones hands are badly injured and he is not able to perform Wudu by himself then in such a case he may make tayammum if there is none available to assist him.

Law: If the greater portion of the limbs that need to be washed in Wudu of a person who is need of performing Wudu or most of the body of a Junub is affected by injury or measles then he may perform tayammum. Otherwise, he should wash those parts of the body which are not affected. He should perform masah (use wet hands to wipe) over the area of injury and in the case of harm he should make masah around it as well. If there is a risk of harm being caused in making masah (directly) then he should place a piece of cloth over that part and make masah on the cloth.

Law: If cold water causes harm to one during an illness and warm water does not cause any harm then the use of warm water is necessary. In this case tayammum will not be valid. However, if one is at such a place where warm water is not available then one is permitted to perform tayammum. Similarly, if Wudu or Ghusl causes harm when it is cold and does not cause any harm when it warms up then one should perform tayammum in cold weather then when the weather becomes warmer at the time of the next Namaaz one should perform Wudu. There is no need to repeat the Namaaz which was already performed with the tayammum.[1]

Law: If pouring water over the head causes harm then one should bath from the neck down and make masah of the entire head.

2. If water is not available: In other words if water is not available for a distance of 1 mile (i.e. approximately 1,6km) in all four directions (one may perform Tayammum).

Law: If one has an idea that water will be located within a mile then to search for the water is necessary. To perform tayammum without looking for the water is not permissible. If one made tayammum and performed Namaaz without searching for water and thereafter one locates water on searching for it then it is necessary to perform Wudu and repeat that Namaaz. In the case where one did not search for the water and there was none available from whom one may be able to enquire regarding the availability of water then one later found out that water is available nearby, in such a case there is no need to repeat the Namaaz. However, the tayammum will now not be valid.If there was someone present there and you did not enquire from him in regards to the availability of water and then you later find out that there is water nearby then in this case the Namaaz must be repeated.

Law: If one has no real idea whether there is or isn’t any water nearby then to search for the water is Mustahab (desirable). However, if one makes tayammum and performs Namaaz without searching then the Namaaz will be valid.

Law: If one has the blessed Zamzam water in his possession which he is carrying with him as a sacred gift for the people or to give it to a sick person then if it is an amount of water that will suffice for Wudu then tayammum is not permissible.

Law: If you do not wish to use the Zamzam for Wudu and want to legitimise tayammum upon yourself then the manner of facilitating this is to gift the water to a person whom you trust, knowing that he will return it to you and you should have something fixed in return for it. In this case, tayammum will be permissible.

Law: One who is neither in a populated area nor in the vicinity of a populated area and he has water in his possession but did not remember having it, so he performed tayammum and performed his Namaaz then in this case the Namaaz is regarded as being valid. If he is in a populated area or in the vicinity of a populated area, he must repeat the Namaaz.

Law: If your companion has water with him and you have an idea that by asking he will share some with you then in such a case it is impermissible to perform tayammum before asking for the water. If you did not ask but made tayammum and read Namaaz then thereafter you asked and if he agreed to give the water or if he offered water without you asking then in both cases it is essential for one to perform Wudu and repeat the Namaaz. However, if you asked for water and he did not give it then the Namaaz which was performed with tayammum is valid. If one did not even ask him for the water after performing his Namaaz, thereby not knowing whether he would have given it, not given it or if he did not personally offer any water. In this case the Namaaz is valid and even if one knew that there was no predominant likelihood of him giving the water and one thus performed Namaaz with tayammum then the ruling is the same, i.e. if he gives the water afterwards, one must perform Wudu and repeat the Namaaz and if he does not give it then the Namaaz is valid.

Law: If whilst reading Namaaz (after making tayammum), ones sight fell upon someone who has some water and one knows for sure that he will give you water if he is asked then in such a case it is necessary to break ones Namaaz and ask him for the water. If one did not ask him for the water and after Namaaz he personally offered the water or one asked after the Namaaz and he agreed to give the water then in both cases one must make Wudu and repeat the Namaaz, but if he does not give the water then the Namaaz is regarded as being valid. If one was not sure whether he would give the water or not but after one completed Namaaz, he offered the water by himself or he gave water on being asked then in this case one must also perform Wudu and repeat the Namaaz. If neither he offered nor did you ask for water by which one is not able to ascertain whether he would have given it or not then in this case the Namaaz is valid. If whilst in Namaaz the person calls out saying that you should take some water and perform Wudu then if the one is calling out to you in this case is a Muslim then the Namaaz will be suspended and to break the Namaaz is Fard. If the one who is saying this is a kaafir then one should not break the Namaaz. However, if he does give the water after one has completed Namaaz then one should perform Wudu and repeat the Namaaz.

Law: If one has an idea that even though water will not be found within a mile but the water will be found at a distance slightly more than a mile then it is Mustahab to delay the Namaaz till the final Mustahab time. In other words, one should not delay Asr, Maghrib and Esha to the extent that the Makruh time appears. If one does not delay but rather makes Tayammum and performs the Namaaz then the Namaaz will be valid.

3. Severe Cold: If it is severely cold and you are certain that there is a serious risk of either dying or becoming very ill if you take a bath and you do not have anything warm such as a duvet (or blanket) etc. with which to cover yourself as protection from the cold after bathing or if you are unable to kindle a fire so as to use its heat to keep warm then tayammum in this case is permissible.

4. The fear of an enemy: In other words, one fears that if seen by the enemy, he will either be killed or robbed of his valuables; or if one is a debtor but poverty-stricken and is aware that he will have one imprisoned; or if one sees a snake there (i.e. near the water) which will bite you or a lion which will tear you apart and eat you; or if there is an immoral person there and the one in need of water is a either female or a young beardless lad and they strongly believe that he will cause dishonour to them (i.e. sexually harass or molest them) then in all the above situations tayammum is permissible.

Law: If the enemy is such a person who will generally not say anything to you but he says that if you take any water for Wudu he will kill or imprison you then in such a situation the ruling is that you should make tayammum and perform your Namaaz. You should then make Wudu and repeat your Namaaz when you get the chance to do so.

Law: If the prison authorities do not permit a prisoner to perform Wudu then he should perform Tayammum and make his Namaaz then later repeat it. If those rivals or prison authorities do not even permit him to perform Namaaz then he should perform his Namaaz with signs and thereafter repeat it (when he gets the chance to).

5. When in an isolated area: If one is in a jungle (i.e. completely away from civilisation) and you do not have a bucket or rope to draw water then in such a case one may perform tayammum.

Law: If your companion has a rope and bucket and he says that he will lend it to you after first taking water for himself, it is Mustahab to wait. If one does not wait but makes tayammum and performs Namaaz then the Namaaz will still be valid.

Law: If one has a very short rope that cannot reach the water but one also has in his possession some type of fabric etc. such as a shawl, turban or scarf etc. which he can attach to the rope, thereby lengthening it in order to get the water then in such a case tayammum is not permissible.

6. Fear of Thirst: In other words, one has water in his possession but if he uses it for Wudu or Ghusl then there is a risk that either him or a fellow Muslim or his animal or the animal of the other person be it a dog (the kind which one is permitted to keep) will remain thirsty; or if one amongst them is presently thirsty, or will become thirsty later and they know for sure that the road on which they are travelling is one on which they will not find any water for a long time then in such a case tayammum is permissible.

Law: If one has some water but there is a need to knead dough (for food) then tayammum is permissible. If it is needed to make gravy then this will not legitimise tayammum.

Law: If the body or clothing is soiled by impurity to the extent that it prevents one from performing Namaaz in such a state but one has only sufficient water with which one may either perform Wudu or cleanse out the impurity (i.e. one will not be able to do both with that amount of water) then in such a case one should use the water to cleanse the impurity and then perform tayammum for Namaaz. If one made tayammum first and then cleaned the impurity one should repeat the tayammum as the first tayammum is invalid.

Law: If a Musafir (traveller) finds water on the road then if there is someone there then he should enquire in regards to the water. If the person says that the water is only for drinking then one should make tayammum. Wudu with it will not be permissible, no matter how much water is there. If the person says that the water is for drinking and for Wudu then tayammum is not permissible in this situation. If there is none there who can inform in regards to that water and it is a very small amount of water then one should make tayammum and if the water is abundant, then one must make Wudu.

7. If water is expensive: In other words if the water is being sold at double the normal selling price of that place then tayammum is permissible but if there is not a big difference in the price then tayammum is not permissible.

Law: If water is being sold for cash and one does not have cash over and above the amount which he needs for his daily necessities then in such a case tayammum is permissible.

8. Fear of Being Lost or abandoned: If one believes that by looking for water his travel group will leave him behind or he will miss his train (i.e. his transport) then in such a case tayammum is permitted.

9. Fear of missing Namaaz: If one believes that by making Wudu or Ghusl he will miss his Eid Namaaz (i.e. this refers to either one of the Eids) either because the Imam would have completed the Namaaz by then or by the appearance of Zawaal then in both cases one is permitted to perform tayammum.

Law: If one made Wudu and was in the midst of Eid Namaaz, and his Wudu broke and he knows that by performing fresh Wudu either the time will expire or the Jama’at will be concluded then in this case he should make tayammum and read the Namaaz.

Law: It is permissible to perform tayammum for Namaaz of Eclipse if there is a possibility of the eclipse subsiding or the congregation concluding.

Law: If one knows that by making Wudu the ending time for the latter Sunnats of Zuhr, Maghrib, Esha, Jummah or the prescribed time for Chasht Namaaz will expire then in such a case he should make Tayammum and perform the Namaaz.

10. Fear of missing Janaazah Namaaz: It is permissible for a ‘Non-guardian’ who fears that he will miss the Janaazah Namaaz to make tayammum for Janaazah Namaaz. Tayammum is not permissible for a ‘Wali’[2] ‘Guardian’, because the people are obligated to wait for him and even if they do perform the Janaazah without him then he has the right to perform it again.

Law: It is not permitted for the one who has been permitted by the ‘Guardian’ to perform the Janaazah Namaaz to make tayammum. If in this situation the ‘Guardian’ fears that he will miss the Janaazah Namaaz then he may perform tayammum. Similarly, if there is a more senior ‘Guardian’ present there compared to him then in this case he may make tayammum as well if he fears missing the Janaazah Namaaz. The fear of missing the Namaaz in this case means that there is a risk of missing all four Takbeers. If one believes that he will get even one Takbeer then tayammum is not permitted.

Law: In one made tayammum for one Janaazah and read the Namaaz then thereafter another Janaazah arrived, and if he had sufficient time in between in which to make Wudu but he did not do so and now if he makes Wudu the Namaaz will elude him then in such a case he may perform tayammum again for the second Janaazah. However, if there was not sufficient time between the two Janaazahs in which he could have made Wudu then the tayammum which he made for the first Janaazah is sufficient for the second.

Law: It is permissible to make tayammum in order to reply to salaam, to recite Durood Shareef and other Wazifas etc., for sleeping, to enter the Musjid without Wudu or to recite the Holy Qur’an from memory. All these are permissible with tayammum even if one has water available to him.

Law: It is not permissible for one who requires taking a Fard bath to make tayammum to enter the Musjid without a valid reason.

However, if he has no other option but to enter, such as if he needs the rope and bucket to draw out water, and this is kept in the Musjid, and there is none available to get it for him then in such a case he may perform tayammum and enter the Musjid for this purpose and leave as soon as possible.

Law: If one was asleep in the Musjid and the need to bath arose then in such a case the moment his eyes open he should perform tayammum at the spot where he slept and he should then immediately leave the Musjid. It is Haraam for him to delay this.

Law: It is not permissible to make tayammum to touch the Holy Qur’an, to perform Sajdah-e-Tilaawat or Sajdah-e-Shukr when water is available.

Law: If the time remaining is so little that if one performs Wudu or Ghusl then the time of Namaaz will expire (i.e. become Qaza) then in such a case one should make tayammum and read the Namaaz and thereafter one should make the Wudu or Ghusl and repeat it.

Law: If a female has become clean after menstruation or postnatal bleeding and water is not available to her then she should perform tayammum.

Law: If a deceased cannot be given Ghusl because there is no water available or because it is not permissible to touch the body of the deceased, such as in the case of a strange female or your own wife whose body you are not permitted to touch after death then one should make tayammum for them.  When a non-Mahram including a woman’s husband performs tayammum on the deceased female then there should always be a cloth used in between.[3]

Law: If a Junub, a menstruating female, a deceased and one whoneeds to make Wudu are all in one place and there is enough amount of water which will only suffice for Ghusl of one person and says that whoever wishes may use it then in this case it is best for the Junub to  perform Ghusl with it and then perform tayammum for the deceased. The others should make tayammum as well. If the person who made the water available says that there is a share for everyone in the water and each person got an amount of water that is still not sufficient to fulfil their requirement, then in such a case each one of them should give their share of the water so that it can be used to bathe the deceased and all the others should make tayammum.

Law: If there are two people, namely a father and a son and someone gives them enough water with which one person can perform Wudu then in this case the father will be given the right of using the water.

Law: If a person is at such a place where there is neither any water available nor any pure earth with which he can perform tayammum then in such a case he should simply perform the actions of Namaaz at the time of Namaaz without any intention.

Law: If a person finds that droplets of urine are being emitted when he makes Wudu but this does not happen when he makes tayammum then in this case it is necessary for him to perform tayammum.

Law: If a person is in need of Ghusl and he only finds enough water to make Wudu then he should use it to perform Wudu and in place of the Ghusl he should perform tayammum.

Law: The manner of performing Tayammum is to spread out the fingers of both hands and strike the hands on anything which is a pure earthly substance, thereafter pulling it back (i.e. rubbing it on the earth). If the hand becomes too dusty (i.e. sandy) then shake off the excess dust and then use the hands to make masah of the entire face (i.e. wipe the hands over the entire face). Then repeat this practice of striking the hands on the earth once more and make masah over both hands from the fingernails upto and including the elbows.

Law: The tayammum for Wudu and Ghusl is the same.

Law: There are 3 Fard in Tayammum:

1st Fard - Niyyat (Intention): If one strikes his hands on the earth and wipes the face and the hands without the intention then the tayammum will not be valid.

Law: If an unbeliever made tayammum to accept Islam then Namaaz with that tayammum is not permissible because he was not eligible of making intention at that time. It he is not able to acquire any water at this time then he should perform tayammum afresh.

Law: Namaaz is permissible with tayammum that was made with the intention of achieving purification or if it was made for such a specified form of worship which is not permissible without Tahaarat (purification). Thus if a person made tayammum with the intention entering or leaving the Musjid, or to touch the Qur’an, or for Azaan and Iqaamat (none of which is Ibaadat-e-Maqsuda); or if he made tayammum for conveying or replying to Salaam for visiting the graves, or for burying a deceased, or if one who does not have Wudu made tayammum to recite the Qur’an (i.e. Tahaarat is not a condition for any of these) then Namaaz with this tayammum is not permissible. Actually, it is impermissible for one to perform any other Ibaadat with this tayammum with the exception of the intention for which he intended it.

Law: If a Junub performed tayammum in order to recite the Qur’an then he may perform Namaaz with this Tayammum. However, if he made Tayammum with the intention of performing Sajdah-e-Shukr then Namaaz will not be valid with this tayammum.

Law: If one made tayammum in order to teach another how to make tayammum then Namaaz with that tayammum is not permissible.

Law: If one performed tayammum for Janaazah Namaaz or the Namaaz of both Eids or to perform Sunnats with the intention that if he had to perform Wudu then the Namaaz will elude him. Then in such a case he may only perform with that tayammum then the Namaaz which he intended it for. It is not permissible for him to perform any other Namaaz with it.

Law: If a person performed tayammum for Janaazah Namaaz and Namaaz of Eid because he was ill or because of water not being available then in such a case it is permissible for him to perform any other Fard Namaaz or any other Ibaadat with it.

Law: It is also permissible to perform Namaaz with the tayammum intended for Sajdah-e-Tilaawat.

Law: If it is Fard for a person to take a bath then in such a case it is not necessary for him to make a separate tayammum for Wudu and a separate one for Ghusl but he is permitted to make one tayammum with the intention of both; both will be fulfilled. However, if he only made the intention of either Ghusl or Wudu then this too will suffice.

Law: If a sick person or a person with no hands and feet is not able to perform tayammum by himself then someone else should make his tayammum for him. It must however be noted that in such a situation there is no credibility with regards to the intention of the one assisting him but the valid intention is that of the person who requires the tayammum.

2nd Fard – Masah of the Face: To wipe the hands over the entire face in a manner whereby no portion is left un-wiped. If an area equivalent to a hair is left un-wiped then the tayammum will not be valid.

Law: It is necessary to pass the hands over the hair of the beard, moustache and eyebrows. We have already explained what is meant by the entire face in the chapter on Wudu. One should pay particular attention to the area in-between the eyebrows, above the eye and also to the area under the nose. If one does not pay attention to these areas then one will not pass the hands over them and the tayammum will thus not be valid.

Law: If a female is wearing a flower on her nose then she should remove it, if not the area on which the flower is will remain unwiped. If she is wearing a nose ring then she should also be careful that no area is left un-wiped due to the nose ring.

Law: There is no need to wipe inside the nostrils.

Law: It is necessary to wipe over that portion of the lips which are habitually visible when the mouth is closed. Thus, if whilst wiping the face one closed the lips so tightly that the portion of the lips which is generally visible gets hidden and is left un-wiped then the tayammum is not valid. Similarly if one closes the eyes so tightly that the area above the eye which needs to be wiped is not wiped then the tayammum will also not be valid in this instance.

Law: If the hair of the moustache becomes so long that it causes the lips to be hidden then the hair must be lifted and the lips wiped. Merely running the hands over the hair is not sufficient.

3rd Fard – Masah of the both hands: To make masah of (i.e. to wipe) both hands upto and including the elbows. One must also pay careful attention that in doing this as well that no area is left un-wiped or else the tayammum will not be valid.

Law: If one is wearing a ring or an equally wide ring (band without a stone) then it is necessary to remove it and run the hand under it. The females need to pay special attention to this. They should either move or remove all bangles and other jewellery items they have on their hands, so that they are able to run the hands over the entire skin surface thoroughly. This situation demands more care than that which is needed when performing Wudu.

Law: There is no masah (wiping) of the head and feet in tayammum.

Law: If one struck the hands on pure earth once only and then wiped the face and hands through this one strike then the tayammum is not valid. However, if he wiped the face with the first strike and the one hand with the second strike then thereafter made a further strike with which he wiped the other hand the tayammum is valid but it is ‘Khilaaf-e-Sunnat’ (contrary to the Sunnat).

Law: If one or both hands of a person have been amputated from the bottom, then he should make masah of the portion that is left attached to the elbow. If it has been amputated from above the elbow then there is no need for him to make Masah of the area above the elbow. However, it is better if he makes masah of the area from where it has been amputated.

Law: If a person is crippled or both his hands are amputated and there is none there who can help with doing his tayammum then to the best of his ability he should rub his face and hands on the ground or on a wall, as far as he is able to and thereafter he may perform his Namaaz. However, he cannot perform Imamat (lead the congregational prayer) in this condition unless there is some other just like him then in such a case he may lead the Imamat with him.

Law: If a person rolled on the ground with the intention of tayammum and the dust went over every portion of his face and hands which need to be wiped in tayammum then the tayammum is valid otherwise not. It is still advisable for one to run his hands over his face and hands in this situation as well.

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[1] In other words if one has an illness that becomes worse by using water when it is cold, such as at the time of Fajr then one may perform tayammum at that time but when it becomes warmer, such as at the time of Zuhr then one should perform Wudu, if the use of water causes no harm when the weather becomes warmer.

[2] A ‘Wali’ here refers to the Next of kin of the deceased who is appointed to manage and direct the affairs of his funeral. In other words, it is his guardian/executor.

[3] This law is in absolute need and not for just any male. It is in such cases where a male and female are in such a place where there is no female available to give Ghusl to the deceased.

 

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