Thursday, 24 July 2014

Bahaar-e-Shariat Volume 2 Blog Page 17

Laws of Jurisprudence Regarding
Masah on the Leather Sock

If one who is wearing ‘Khuf’ ‘leather sock’ makes masah on it instead of washing the feet then it is permissible. It is however better to wash the feet, provided that one regards Masah as being legitimate. Many Ahadith have been related in regards to its permissibility which are almost at the level of ‘Tawatur’ (uninterrupted successive narration).
It is for this reason that Imam Karghi رحمہ اﷲ تعالیٰ  has mentioned that there is risk of the person who does not accept its permissibility becoming an unbeliever. Imam Sheikh-ul-Islam says, ‘One who does not accept it as being permissible, is misguided.’
Our Imam Azam رضی اﷲ تعالیٰ عنہ was asked in regards to the characteristic of the Ahl-e-Sunnat Wa Jama’at and he said

تَفْضِیْلُ الشَّیْخَیْنِ وَحُبُّ الْخَتْنَیْنِ وَمَسْحُ الْخُفَّیْنِ


In other words, ‘To regard Ameer ul Momineen Hazrat Abu Bakr Siddique and Ameer ul Momineen ‘Hazrat Farooq-e-Azam رضی اﷲ تعالیٰ عنھما  as being more exalted than all the other Sahaba and to have love for Ameer ul Momineen Hazrat Uthman-e-Ghani and Ameer ul Momineen Hazrat Maula Ali-e-Murtuza رضی اﷲ تعالیٰ عنھما and to make Masah on the leather socks.’ The reason why Imam Abu Hanifa رضی اﷲ تعالیٰ عنہ stipulated particularly these 3 characteristics was because he lived in Kufa and there was a majority of raafdis there, so he mentioned these characteristics as a manner of refuting them. This narration does not however mean that simply possessing these characteristics are sufficient to be regarded as a ‘Sunni’. Characteristics are found in a thing. The thing is however not necessary for the characteristic.
An example of this is which has been mentioned in the Hadith of Sahih Bukhari Shareef in regards to the characteristic of the wahabiya, wherein in it mentioned:

 ( سِیْمَا ھُمُ التَّحْلِیْقُ)
‘Shaving their heads is one of their traits’

This however, does not mean that merely a shaven head is sufficient to categorise someone as a Wahhabi. Hazrat Imam Ahmed ibn Hambal رحمہ اﷲ تعالیٰ says, ‘I have no apprehension in regards to its permissibility (i.e. permissibility of masah on the leather socks) for I have received numerous Hadith in this regard on the authority of 40 Sahaba-e-Kiraam.’

Law: Performing masah on leather socks is not permissible for one upon whom Ghusl is Fard.
Law: Even females are allowed to perform masah on leather socks. There are certain conditions for permissibility of Masah on the Leather socks. They are:
1. The socks should cover the ankles (i.e. it should cover the entire foot up-to the ankles). There is no need for it to exceed this stipulation. If it is one or two fingers shorter than this, masah will still be regarded as permissible; on condition that the heel is not open (i.e. the heel should not be visible).
2. It should cling to the feet (i.e. it should fit tightly), allowing one to walk continuously properly.
3. It should be made from leather or at least the sole should be made from leather and the rest of it can be made from any other thick layered material etc.
Law: Masah on cotton or woollen socks etc. which are generally worn in India (and almost everywhere else today), is impermissible. It is Fard to remove them and wash the feet.
4. It should be worn after performing Wudu. In other words from after wearing it till before anything which nullifies Wudu occurred, it should be such a time that in that particular time one is in the state of Wudu be this by wearing it after performing the complete Wudu or if one wore it after only washing the feet and then later completed the Wudu.
Law: If one wore the leather socks after washing the feet and he had washed his face and hands and made masah of the head before anything which nullifies the Wudu occurred then too masah in this way is regarded as being permissible. If a person only washed his feet and put on the leather socks and thereafter did not perform the complete Wudu then masah will now not be permissible when making Wudu (i.e. he will have to wash the feet by removing the leather socks in this case).
Law: If a person wore the leather socks without performing Wudu and then walked into water, thereby causing the feet to be washed then in this case if he washes the remaining parts that have to be washed in Wudu and makes masah of the head, then masah is permissible or else it is not.
Law: If a person performed Wudu and then wore the leather sock on only one foot, not wearing the other one and that which nullifies the Wudu occurred then in such a case, masah on even that one sock is not permissible. It is Fard to wash both the feet (in Wudu).
Law: If one wore the leather socks after performing tayammum, masah on them is not permissible.
Law: For a Ma’zoor[1], masah on the leather sock is only permissible during the one time (of Namaaz) in which he wore it. However, if the ‘Uzr’ (reason which excuses him) ceases to exist after he wore it and before any Hadath (occurrence which nullifies Wudu) then in this case the duration for him is the same which applies to a normal healthy person.
5. Neither was it worn in the state of Janaabat nor did he become Junub after wearing it.
Law: If a Junub performed tayammum for Janaabat and then performed Wudu and wore the leather socks, he is permitted to perform masah on the leather socks except if the tayammum for Janaabat is nullified then in this case the masah will not be permissible.
Law: If a Junub performed Ghusl but a portion of the body remained dry but he wore the leather socks and then washed that area before any Hadath then the masah is permissible. If the part which was left unwashed, was from the limbs of Wudu, and if Hadath occurred before it was washed then the masah is in this case is impermissible.
6. It should be worn only within the stipulated duration. The duration for a Muqeem (resident) is 1 day and 1 night and the duration fixed for a Musafir (traveller) is 3 days and 3 nights.
Law: The first time that one had any Hadath (i.e. from the first time the Wudu breaks) after wearing the leather socks will be counted as the start time of the stipulated duration for that person. For example, if one wore the leather socks in the morning and the first Hadath occurred at the time of Zuhr then in this case a Muqeem may perform masah on the leather socks until the Zuhr of the following day and the Musafir will make masah until Zuhr of the fourth day.
Law: If a Muqeem wore the leather socks and the duration of 1 day and 1 night had not as yet expired and he embarked on a journey then in this case he is permitted to make masah on the leathers socks for a further 3 days and 3 nights from after the first time he has any Hadath. If a Musafir decided to stay at any place (whereby removing him from the ruling of a Musafir) then in such a case if the duration for which he has been wearing the leather socks exceeds 1 day and 1 night then the masah will be nullified and to wash the feet in Wudu will now be Fard. If he was in Namaaz (when the time expired) then the Namaaz will be regarded as being invalid. If the 24 hour period has not been completed then he may complete this duration.
7. No sock should be torn equivalent to the size of 3 little toes space (i.e. little toe times three). In other words when walking 3 toes space of the body should not be visible. If the sock is torn equivalent to the size of 3 toes space but an area of the body which is less than 3 toes space is visible then the masah will be permissible. If both the leather socks are torn less than 3 toes space each and together they make up the area of 3 toes space or more then too one is allowed to make masah. The same ruling applies if the seam opens up, in other words, if each is opened less than 3 toes space it is permissible to make masah on it otherwise not.
Law: If the leather sock has torn or the sutures have come loose and wearing it in this manner does not show 3 toes of the foot but when one walks then 3 toes are visible, so in such a case masah on it is impermissible.
Law: If it tore in such a place or the sutures opened in such a place that the actual toes are visible then in this case the size of the toes will not be considered, as long as 3 toes are visible (i.e. the ruling will apply).
Law: If the sock has numerous holes on it in different places and the size of each hole is such that a ‘sawtali’ (i.e. instrument used to make holes in leather) can go through it and the size of all the holes together is less than 3 toes space, then in such a case masah is permissible otherwise not.
Law: It does not matter if the leather sock is torn above the ankle, no matter the size of the tear.


[1] A Ma’zoor is one who is excused due to an illness etc., on the basis of a valid reason in the Shariat. In Shariah terminology, a Ma’zoor is basically a person suffering chronic annulment of Wudu. The name given to this chronic annulment of Wudu in the Shariah terminology is ‘Uzr’. Further explanation will follow in the detailed discussion regarding a Ma’zoor.
 

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