Thursday, 24 July 2014

Bahaar-e-Shariat Volume 2 Blog Page 4

LAWS OF JURISPRUDENCE
It is evident from the verse of the Holy Qur’an cited in the inception of this discussion, that there are 4 Fard (Obligatory) actions in Wudu;
1. To wash the complete face
2. To wash both the hands including the elbows
3. To make Masah of the head (pass wet hands over the head)
4. To wash both feet including the ankles

Important Note: The washing of a part or limb, means that at least a minimum of two drops of water should pass over every part of that limb. If that part (limb) merely becomes moist or water is merely rubbed over that portion of the body like one does with oil, or if simply one or two drops merely run over that portion, it will not suffice and it will not be regarded as having being washed (properly). Washing in this way, will neither validate Wudu or Ghusl. One should take heed to this important fact. People do not give much consideration to this and this causes their Namaaz to be unfulfilled. There are certain parts of the body that unless one does not pay careful attention (when washing), water does not reach these parts (as it should) and in this case, the water will thus not pass over it properly.

This will be explained in detail when we explain the rules regarding washing of each part. When wetness reaches an area which needs to be washed in facilitating fresh Wudu, it is called masah.

1st Fard - Washing the Face: vertically, the area from the forehead (from the hairline where the growth ends) up to the chin and horizontally, from one ear to the other ear, is regarded as the face. To pass water once within that area over every part of the skin is Fard.
Law: For a person whose hair has fallen off from the foreword hairline area or if he has no hair growth there, then (when washing the face) he should wash from where the hair generally grows. If someone has hair growing lower than where the hair usually grows for most people, it is Fard for that person to wash that hair up to the roots.
Law: If the hair of the moustache, eyebrows or the tuft of hair under the lower lip of men (which is regarded as being part of the beard) is so thick that the skin is not visible at all, then to wash the skin (underneath it) is not Fard but to wash the hair is Fard and if the hair in those areas is not thick, then it is Fard to also wash the skin (under the hair).
Law: If the moustache is overgrown and causes the lips to be hidden then even though it may be thick it is Fard to spread the hair apart and wash the lips.
Law: It is also Fard to wash the skin under the beard, if the beard hair is not too thick. However, if the beard is very thick then it is Fard to wash the area which when the (hanging part of the) beard is pressed against the throat, falls within the area of the face. To wash up to the roots (in this case) is not Fard and it is not necessary to wash that part (of the beard) which is below that area. If there are some areas of the beard that are very thick and others that are scarce, then in the areas where there is thick growth, just the washing of the hair (is Fard) and where there is a light grown, there the washing of the skin is also Fard.
Law: It is Fard to wash that outward portion of the lip that is normally visible when one closes the lips. If someone closes the lips tightly, causing that portion to be hidden to the extent that water does not reach it or if he did not rinse the mouth which would have allowed it to be washed, then the Wudu (in such a case) will be regarded as being invalid. However, it is not Fard to wash that portion (of the lip i.e. inner lip) which is normally hidden when one closes the lips.
Law: It is Fard to wash the temples of the head which is the area between the cheek and the ear. It is Fard to wash the hair of the beard in that area, if the hair is thick there. If there is no hair in that area or if it is not thick then to wash the skin is also Fard.
Law: It is Fard to pass water through the hole of a nose ring if the hole is not sealed. If it reduced in size, then the nose ring should be shaken slightly when washing the area; otherwise it is not necessary.
Law: It is not necessary to wash under the eyelids etc. Actually, one should not wash these areas as it is harmful to do so.
Law: If one tightly shuts the eyes when washing the face and this causes a very fine area which is parallel to the eyelashes to be hidden, whereas it is usually visible if one closes the eyes and in doing so, if water did not pass over that area, the Wudu will still be valid. This should still be avoided. However, if a larger area is left unwashed, it will render the Wudu invalid.
Law: To pass water over the eyelid is Fard, but if the residue of Surma is left on the eyelid and on the eye lashes and one has already made Wudu and did not realise this, and read Namaaz in this condition, then there is no harm. Both, the Namaaz and Wudu will be regarded as valid. However, if one realises it, then it is necessary to remove it and allow water to pass over it.
Law: In all circumstances, it is Fard to wash the entire eyelashes thoroughly. If any dirt or anything else that has become hard on it, it is Fard to remove it.
2nd Fard - Washing the hands: The Washing of the elbows is included in this ruling as well.
Law: If any part (of the limb) even equivalent to one speck is left unwashed from the elbows right up to the finger nails, the Wudu will be regarded as invalid.
Law: If any type of permissible or impermissible (jewellery) such as a thick ring, ordinary ring, bracelets, glass bangles (any jewellery etc.) or silk hanging ornaments etc. are so tightly worn that the water does not pass underneath it, then to remove such jewels etc. is Fard and if water passes under such these things by merely shaking them or moving them, then to move or shake them is sufficient and if they are so loose that the water passes underneath them comfortably, then to remove, move or shake them is not necessary.
Law: It is necessary to pass water over the eight spaces of the hands (between fingers), the sides of the fingers, the inner section of the finger nails that are visible and over every single hair of the wrist from the tip to the root. If any part has been left unwashed thoroughly or if the water did not pass over the base of the hair, (in other words) even if the tip of one single strand has been left unwashed, the Wudu will be regarded as invalid (not done). However, the dirt that is in the nails is exempted.
Law: If a person has six fingers instead of five, then it is Fard to wash all of them. If a person has two hands on one shoulder, then for him to wash the hand that is completely formed is Fard and to wash the second hand is not Fard but Mustahab (desirable). However, it is Fard to wash that part of the second hand which is joined to the same portion, in line with the hand that is Fard to wash.
3rd Fard - Masah of the Head (Passing Wet Hands Over the Head): To perform Masah of quarter head is Fard.
Law: When making masah of the head, it is necessary for the hands to be wet, be it from wetness that has remained on the hands after washing the other parts during Wudu or wetness caused by using fresh water (to wet the hands). If there is wetness on the hands after making masah of one part of the body, it is not sufficient to use the same wet hands to make masah over another part.
Law: If a person does not have any hair then for him to make masah of quarter of the head (scalp) is Fard and if he does have hair, then to make masah of quarter of the head (meaning over the hair) is Fard. This is regarded as the masah of the head.
Law: To make masah over a turban, hat or scarf is not valid, unless the hat and the scarf is so thin that the wetness seeps through and moistens one quarter of the head. In this case the masah will be valid. Making masah of hair which is merely hanging from the head is not sufficient.
4th Fard - Washing of Both Feet Including the Ankles Once
Law: The ruling regarding the foot bracelets and rings (etc.) is the same as mentioned above (in the section regarding washing of the hands.
Law: Due to certain illnesses, certain people tend to tie a string on thread on the toe. This thread is tied (knotted) so tightly that leave alone water passing freely underneath it, the water does not even wet the area under the string. It is necessary for them to abstain from this, as in this case the Wudu will not be done.
Law: It is Fard to wash between the toes, the sides of the toes, the soles of the feet, the heels, the ankles and the area behind the ankle and above the heel.
Law: It is a condition for the water to pass freely over the parts which are Fard to wash. It is not necessarily that the water shouldpass over with intent, as even if it passes over without intent, the Wudu will still be regarded as valid. In other words, if it rained and at least two drops of rain water passed over those each part of the limbs which need to be washed in Wudu, causing them to become wet, the Wudu will be regarded as being valid. Another example is that of a person who falls into a pond (even though without intent) and water passed over all the parts which needed to be washed in Wudu, the Wudu will be regarded as being valid in this case as well.
Law: If that which is a commonly or specifically a requirement for a person but he has no real control over it even if he takes care to avoid it, such as in the case where something is stuck under or on the finger nails or on any other part that needs to be washed and it stains that portion of the body, thereby not allowing water to pass underneath it, then even if it is something that has become hard, Wudu will still be regarded as being valid; such as in the case of the dough under the finger nails or on the hands of a chef or a baker, the stain of dye on the hands of a person who dyes clothing etc., the stain of Mehndi (henna) on the hands of a female, the stain of ink on the hands of writers, the stain of soil on the hands of labourers, and generally, the stain of ‘surmah’ (collyrium) on the eyelashes of people. Similarly, the same law applies to grime, sand, dust and the droppings of flies and mosquitoes etc. on the body.
Law: If one had a blister which dried up but the (dry) skin on the blister did not fall off, then in such a case it is not necessary to remove the skin and pass water over it. It is sufficient to merely pass water over the skin (covering) of the blister. If thereafter one removed the skin then in such a case it is still not necessary to pass water over it again.
Law: If the scales of a fish remain stuck to the part of the body which is necessary to wash in Wudu, the Wudu will not be regarded as being valid, as the water will not be able to pass underneath it.

Sunnat Actions of Wudu
Law: It is essential to perform Wudu with the intention of acquiring its reward and to fulfil the command of Allah, otherwise the Wudu will be valid but one will not attain the reward for it.
Law: To commence by proclaiming the بسم اللہ _ ‘Bismillah’. If one needs to make ‘Istinja’, i.e. answer the call of nature, before performing Wudu, then one should also proclaim the Bismillah before this as well. This should however be done before entering the toilet and before exposing the body (i.e. before removing the clothing), because it is disallowed to make ‘Zikr-e-Ilahi’ in an impure place and after revealing the ‘Satr’, i.e. the private parts of the body.
Law: Commence by first washing each hand thrice up to (and including) the wrists.
Law: If only a large dish or vessel is available and there is no smaller vessel (jug etc.) in to which one can pour out the water, then in such a (dire) situation, one should join together the fingers of the left hand and only using those fingers, one should scoop out sufficient water to wash the right hand up to the wrist thrice. In doing so, noportion of the palm should enter the water. He may then put his right hand up to the area that has already been washed into the water without any hindrance. He may then use the right hand to scoop out water in order to wash the left hand.
Law: This ruling only applies in the case when the hand is not polluted by any Najaasat (impurity). Otherwise, it is not permissible at all to put the polluted hand into the water. If he dips the hand into the water, it will cause the entire water to become impure.
Law: If the water is in a small vessel (dish etc.), or if the water is in a large vessel, but there is also a small vessel available, but one put his hand into the water without washing it, or even if he only dipped in the entire finger nail of one finger, all the water in the vessel will be unsuitable for Wudu. It will be regarded as ‘Ma-e-Musta’mal’ (already used water).
Law: This ruling applies in the case where the part of the hand that was dipped into the water was not washed at all before one dipped it into the water. If he dipped that portion of the hand which had already been washed before and in the interim of it being washed and being dipped into the water, no ‘Hadath’ occurred (i.e. impurity was passed), then in such a case, if only the portion which has been washed is put into the water, it will not cause the water to be regarded as ‘Musta’mal’, even if he has to dip the hand up to the elbow into the water. Actually if one who is not a ‘Junub’ (a Junub is one in an impure state, requiring the compulsory ritual bath to remove impurities) has washed his hand up to the elbow, then thereafter he is allowed to dip his hand up to the armpit into the water, because now there is no impurity remaining on his hand. However, one who is a ‘Junub’ may only dip that part of the hand above the elbow into the water, which he has thoroughly washed, because his entire body is regarded as being impure.
Law: When a ‘Junub’ awakens from his sleep, he should wash his hands before and after making ‘Istinja’.
Law: One should perform ‘Miswak’[1] of the upper, lower, right and left teeth at least thrice. When doing so, wash the miswak every time. The miswak should neither be too soft nor too hard. It is better for the miswak to be made from a ‘peelu’, olive, salvadora or margosa tree or from any other bitter wood. It should not be from fruit trees or from trees that bear sweet smelling flowers. It should be as thick as the little finger in thickness, and not more than one span in length. It should also not be so small that it becomes difficult to perform miswak with it. The shaitaan sits on a miswak which is more than one span in length. When the miswak becomes old and not fit for use any longer, it should either be buried or kept away in a safe place, avoiding it from falling into any impure place, because firstly, it is an instrument which is used to fulfil a Sunnat and must thus be treated with respect, and secondly because the water or saliva from the mouth of a Muslim should not fall in an impure place. It is for this very reason that the Ulama have declared it inappropriate behaviour to spit in the toilet.
Law: One should perform Miswak with the right hand. It should be held in a manner whereby the little finger is at the base of the Miswak and the remaining 3 fingers are above it, and the thumb should be below the head of the Miswak. One should not close the fist when performing Miswak.
Law: Miswak should be performed with vertical strokes on the teeth, and not by performing horizontal strokes. One should not perform Miswak whilst lying down flat.
Law: First clean the upper teeth on the right side, followed by the upper teeth on the left side. Thereafter clean (brush) the lower teeth on the right side, followed by the lower teeth on the left side.
Law: Wash the miswak before and after using it. It should not be left lying down on the ground but place it standing up, with the bristles facing upwards.
Law: In one does not have a Miswak, he may use his fingers or a durable piece of fabric to clean the teeth. Similarly, if one does not have any teeth, he should run the fingers or a cloth over the gums.
Law: Miswak is not Sunnat for Namaaz but it is Sunnat for Wudu. Thus, he who performs many Namaaz with a single Wudu will not be requested to perform Miswak for each Namaaz, as long as there is no change in the smell of the mouth because if one has bad breath then Miswak is deemed Sunnat for every Namaaz. If one did not perform Miswak during Wudu he may perform Miswak at the time of Namaaz.
Law: He should then rinse the mouth with 3 handfuls of water making sure that the water passes through every nook and corner of the mouth each time. If he is not fasting, he should also gargle.
Law: Thereafter, using 3 separate handfuls of water, he should suck in water thrice into the nostrils, in a manner whereby the water reaches the area of soft flesh inside the nose every time. If one is not fasting then he should allow water to reach the root, i.e. end of the nostrils. Both these actions should be done with the right hand, thereafter using the left hand he should clean the nostrils.
Law: When washing the face, make ‘Khilaal’ of the beard, on condition that one is not in the state of ‘Ehraam’. The method of performing Khilaal is to thrust the fingers into the beard from the direction of the throat, bringing them out from the front.
Law: Make Khilaal of the fingers and the toes. When making Khilaal of the toes, do so using the little finger of the left hand by first commencing with the little toe of the right foot and ending with the big toe. Thereafter make Khilaal of the left foot, commencing withthe big toe and ending with the little toe. If the water is not able to pass between the toes without performing Khilaal, then to perform Khilaal becomes Fard (obligatory). Water reaching between the toes even without Khilaal is in the sense when the toes are spread apart and water is poured in or in the case where one dips his foot into a pond.
Law: To wash each part which requires washing thrice. On every attempt it should be washed so thoroughly that no area is left unwashed. Otherwise, the Sunnat will not be fulfilled.
Law: If one washed a part in the sense where in the first instance only part of it was washed then in the second instance a bit more was washed and then finally after the third instance the entire part (limb) was washed, then this will be regarded as only having been washed once. The Wudu will be regarded as being valid but it is ‘Khilaaf-e-Sunnat’ ‘contrary to the Sunnah’ to do this. The handfuls (amount) of water used (in washing) are not given credence in this case, but credence is given to the washing of the entire part. It should be washed thrice, no matter how many handfuls of water are used to fulfil this.
Law: To make ‘Masah’ of the entire head and to make Masah of the ears and ‘Tarteeb’, i.e. to follow sequence; in other words to wash the face then the hands (up-to the elbows) followed by the Masah of the head and then to finally wash the feet. If one performs Wudu contrary to the prescribed sequence or omits any other Sunnat then the Wudu will still be regarded as being valid. To do this one or two times (i.e. occasionally) is not a good habit and if one makes it a habit to omit that which is ‘Sunnat-e-Mu’akkadah’, then he is held incontempt and is regarded sinful for this. To make Masah of the strands of beard which fall under the area of the face is Sunnat and to wash it is Mustahab (desirable). To wash each limb; one after the other whereby the limbs that have already been washed do not completely dry up is also Sunnat. The above laws thus confirm that the Sunnats of Wudu are:
1. Niyyat (intention)
2. Reciting Bismillahir-Rahmanir-Rahim
3. Washing of the hands thrice up to the wrists
4. Performing Miswak
5. Rinsing the mouth 3 times
6. Sucking water into the nostrils thrice
7. Using the right hand to put water into nostrils
8. Using the left hand to clean the nostrils
9. Khilaal of the beard, i.e. to pass wet fingers into the beard
10. Khilaal of the fingers and toes
11. Washing of each part (limb) thrice
12. Masah of the entire head once
13. Masah of both ears once
14. Tarteeb (Wudu performed in order of sequence)
15. Making Masah of the beard strands under the area of the face (i.e. the hanging part of the beard)
16. Washing of each limb, one after the other without delaying, so that no limb dries up before the next limb is washed


[1] Miswak: To perform miswak is to cleanse the teeth with a stick according to the Sunnah method.
 

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