Thursday, 24 July 2014

Bahaar-e-Shariat Volume 2 Blog Page 8

Factors that make Ghusl Fard (Obligatory)

(1) The emission of ‘Manee’ (semen) from the penis which has departed from its origin whilst in an aroused state makes Ghusl Fard (obligatory).
Law: If it was not emitted from its origin in the state of arousal (Shahwat) but because of lifting something heavy or due to falling from a high place then Ghusl will not be Waajib (compulsory).
Law: If semen left its origin through arousal but as it was about to be emitted, the man held his penis tightly, thereby not allowing it to be emitted but after some time when the feeling of arousal subsided, the semen was released then even in such a case Ghusl will be regarded as Waajib. The ruling is based on this because even though it was not released in the state of arousal at the time of emission but because it initially left its place due to arousal.
Law: If some semen was emitted and one makes Ghusl before passing urine, sleeping or walking 40 paces and then reads Namaaz but later finds that the remainder of the semen has been emitted then he must make Ghusl as this is regarded as part of the same semen which was initially emitted from its origin due to arousal. There is no need to repeat the Namaaz which he has already performed, as it is regarded as valid. However if the person makes Ghusl after passing urine, sleeping or walking 40 paces and the semen was then emitted without any feeling of arousal, it will not necessitate Ghusl, and this semen will not be regarded as being part of the actual semen which was initially emitted.
Law: If the semen has become so thin that it is emitted during urination or a few drops trickle out at any given time without any arousal then the Ghusl does not become compulsory. The Wudu will however be nullified.
(2) Ihtilaam (Nocturnal Emissions-Wet Dream): In other words a person went to sleep and when he awoke he found some wetness on his body or clothing and he is either confident or suspects that it is either semen or ‘Mazee’, then in such a case, Ghusl becomes Waajib (compulsory) upon him, even though he does not remember dreaming anything. However, if he has complete confidence that it is neither ‘Manee’ nor ‘Mazee’, but it is perspiration, urine or Wadi or some other liquid substance then even though he remembers having Ihtilaam and he remembers the pleasure of seminal discharge, the Ghusl will still not be regarded as Waajib upon him. If he is completely confident that it was not semen but he has a doubt that it could be Mazee but he cannot remember having nocturnal emissions in the dream then Ghusl is not Waajib upon him, otherwise it is Waajib.
Law: If he remembers having Ihtilaam but there is no trace of it on the clothing etc. then Ghusl is not Waajib upon him.
Law: If before sleeping he was in a state of arousal and the male organ was erect then when he woke up, he found traces of it and there is a predominant likelihood of it being Mazee but he cannot remember the dream, the Ghusl is not Waajib unless there is predominant likelihood of it being Manee (semen). If before he went to sleep he had no feeling of sexual arousal at all or if he did have a feeling of sexual arousal but it had already subsided just before going to sleep and that which was emitted was already cleaned out, then in this case there is no need for there to be a predominant likelihood of it being semen; the mere presumption that it could be semen is sufficient in this scenario to cause the Ghusl to become Waajib. This law is a common one and yet many are unaware of it. We must pay careful attention to this.
Law: If a person became dizzy due to illness or lost consciousness whilst in an intoxicated state and after attaining consciousness he found Mazee on his clothing, this will cause Wudu to become Waajib and not Ghusl and if this happens after sleeping then Ghusl is Waajib. These laws are based on the condition that there was no sexual arousal before going to sleep.
Law: A person had a dream and his eyes opened before emitting any semen, so he held the penis so that no semen is emitted. Then, as the erection subsided, he released it. Thereafter, the semen was emitted; Ghusl becomes Waajib.
Law: Whilst in Namaaz he had a feeling of arousal and he could feel the semen being released but it had not as yet been emitted, allowing him to complete his Namaaz. In this case, Ghusl will become Waajib but the Namaaz will be regarded as valid.
Law: If one fell asleep whilst standing, sitting or walking and when he awoke, he found traces of Mazee; Ghusl becomes Waajib.
Law: At night he had Ihtilaam but when he woke up, he found no traces of it, so he performed Wudu and read his Namaaz; thereafter, semen was emitted. This will now make the Ghusl Waajib but the Namaaz he read is regarded as valid.
Law: A women had a dream but Ghusl will not be Waajib upon her unless the semen was not emitted from the inner part of the vagina.
Law: A man and woman were both sleeping on the same bed. When they awoke, they found traces of semen on the bed and each of them refuses to acknowledge that they had Ihtilaam. It is a precautionary measure for each one of them to have Ghusl. This is the correct ruling in this regard.
Law: If a boy reached puberty (became Baaligh) by way of having a wet dream then Ghusl becomes Waajib upon him.
(3) In the case where the ‘Hafsha’ in other words the head of the penis was entered into the vagina or rear of a female or the rear of a male, it cause Ghusl to become Waajib upon both of them, whether it is done out of sexual arousal or not, or whether there was any emission of semen or not, on condition that both of them are Mukal’laf (adult with sense of understanding). If one of them is Baaligh (i.e. has reached puberty/adult) then Ghusl is Fard on him and even though the Ghusl will not be Fard on a Na-Baaligh (minor), the command of Ghusl will still be given. For example, if the male is Baaligh and the girl is Na-Baaligh then Ghusl is Fard on the male but the female will also be commanded to make Ghusl. If the female is Baaligh and the boy is not Baaligh then Ghusl is Fard upon the female but the male will also be commanded to make Ghusl.[1]
Law: If the head of penis is severed (cut off) then if the remaining part of the penis, equivalent to the head of the penis enters then the ruling is the same as entering the head of the penis.
Law: If a person has intercourse with an animal, dead person or with such a small girl with whom intercourse is not allowed but did not emit semen then Ghusl is not Waajib upon him until there is no emission.[2]
Law: A man inserted his penis between a female’s thighs and after emission, semen entered into the vagina or if he had intercourse with a virgin and he also emitted semen but the vaginal tissue did not break, then Ghusl is not Waajib upon the woman but if it is later established that she is pregnant then Ghusl becomes Waajib upon her.  In this case, she must repeat all the Namaaz which she performed from the time of being intimate, until the time she makes Ghusl.
Law: If a woman inserts her finger or the private organ of an animal or dead person or some other object made from rubber or clay etc. which resembles the penis, into her vagina then until she does not have any emission, Ghusl does not become Waajib on her. In the same way, if a man had intercourse with a ‘Pari’ (female Jin) and if she was not in human form at that time, then without emission of semen, Ghusl will not be Waajib, but if she was in the human form, then just by the head of the penis disappearing into her, will make the Ghusl Waajib.
Law: If a woman had Ghusl after intercourse and then after that Ghusl, some remainder semen of the male came out of her, Ghusl does not become Waajib upon her again, however the Wudu will be nullified.
Beneficial Note: For any of the 3 reasons mentioned above, if Ghusl becomes Fard upon a person then that person is called ‘Junub” (one in an impure state) and this condition is known as ‘Janaabat” (condition of impurity).
(4) After completing of Haidh (menstruations – females monthly cycle).
(5) After Nifaas (i.e. after postnatal bleeding).
Law: A child was born but the woman did not bleed at all. The correct ruling in this case is that Ghusl is Waajib. A detailed explanation regarding Menstruation and postnatal bleeding will be discussed in the chapters pertaining to them.
Law: A kaafir male or female is regarded as Junub. If a non-Muslim women who was menstruating or bleeding after childbirth accepts Islam and even though the menstruation and Nifaas came to an end before she accepted Islam, the proper ruling is that Ghusl is still Waajib upon them. However, if they had already made Ghusl before accepting Islam or through some way water had passed over the entire body then all that they need do is to put water into the nostrils upto the soft part of the inner nose and this will be sufficient, as this is the one thing that the unbelievers are not really able to do. Drinking huge gulps of water will also fulfil the requirement of gargling and if this too hasn’t been done then this too must be fulfilled. In other words if all those parts of the body which are Fard to wash thoroughly during Ghusl after intercourse were already washed whilst in the condition of kufr then there is no need to repeat the Ghusl again, otherwise it is sufficient to just wash those areas that are Fard to wash and have not as yet been thoroughly washed. However, it is Mustahab (desirable) after this to still make the entire Ghusl.
Law: It is Fard-e-Kifaayah upon a Muslim to bathe the Muslim deceased. If at least one person fulfils this duty, all are absolved from this responsibility and if no one bathes the deceased then all are accountable and sinful.
Law: A Muslim was found dead in water (river, sea etc). It is Fard to bathe him as well. However, if the person retrieving him from the water doused him under the water before taking him out with the intention of Ghusl then the Ghusl is done, otherwise he must be bathed.
Law: It is Sunnat to take a bath for Jummah, Eid, Baqr Eid, the day of Arafat and when tying the Ehraam. It is Mustahab (desirable) to make Ghusl for Waqoof-e-Arafat, Waqoof at Muzdalifa, before presenting yourself in the Holy Haram, before presenting yourself in the Holy Court of the Holy Prophet , for Tawaaf, for entering Mina, and to pelt the Jamraat with pebbles on all 3 days, for Shab-e-Bara’at, Shab-e-Qadr on the Night of Arafat, for entering the gathering of Meelad Shareef, and for going to other blessed gatherings, and after bathing a deceased, and after an insane person starts to regain his sanity, and after regaining consciousness from an unconscious state, after starting to come out of an intoxicated state, after repenting (making Tauba) from your sins, before wearing new clothing, after returning from a journey, after the blood of Istihaaza (blood that flows from the vagina due to illness) stops, for Namaaz of Lunar and Solar Eclipse, for Salaat ul Istisqa (to pray for rain), during times of fear and darkness and when being pounded by fierce winds, and if there is impurity on the body and one does not know where on the body it is. For all the above mentioned occasions it is desirable to make Ghusl.
Law: For those making Hajj, there are five incentives for them to bathe on the 10th of Zul Hijjah:
1. Waqoof at Muzdalifa
2. Entering into Mina
3. When stoning the Jamraat
4. When Entering Makkah
5. for Tawaaf
This is if they do the 3 last mentioned things on the 10th as well and if it is Friday then the Ghusl of Jummah too is on them. Similarly, if the Day of Arafat or Eid falls on a Friday then for them there shall be two Ghusl.
Law: For those who need to make many Ghusl (as mentioned above), one Ghusl with the Niyyat (intention) of all things will fulfill the Ghusl and it will give them the reward of all.
Law: If a woman was Junub (in an impure state) and then started menstruating, she may either make Ghusl immediately or after the menstruations end.
Law: A Junub made Ghusl of Janaabat on the day of Eid or on a Friday and he also made the intention of Jummah and Eid then all have been fulfilled, if he makes Eid and Jummah Namaaz with the same Ghusl.
Law: If a female had to purchase water for Ghusl or Wudu then the payment for that is the responsibility of her husband on condition that Ghusl or Wudu is Waajib upon her or if she is doing so to remove dirt from the body.
Law: One who is in need of Ghusl should not delay doing so. It has been mentioned in the Hadith Shareef as follows: ‘The Angels of Mercy do not enter that home in which there is a Junub (person in an impure state).’ If one delays Ghusl for a duration whereby the end time of that Namaaz is approaching then to make Ghusl immediately is Fard. Now, if he still delays, he will become sinful. If a person in an impure state wishes to eat or drink anything or have intercourse with his wife then he should first make Wudu, or wash his hands and face, or at least rinse his mouth first and if he does the above mentioned things without doing any of the said actions, there is no sin upon him but it is Makruh (undesirable) to do so and this brings upon a person dependency and if a person has intercourse with his wife without having Ghusl or making Wudu then there is no sin. However, if a person had Ihtilaam, he should not go to his wife without first making Ghusl.
Law: If during the month of Ramadan a person is Junub then it is better to make Ghusl before Fajr starts, so that every segment of the fast is free from anything impure. However, if he does not make Ghusl before this time, it will still not affect the fast in any way but it is more appropriate to gargle (enter water into throat) and to suck water up into the nostrils, so it reaches the upper tip of the inner nasal passages. Both these should be done before the time of Fajr commences, as you will not be able to fulfil these correctly whilst fasting. If one delays making Ghusl to such an extent that the sun has risen and ones (Fajr) Namaaz has become Qaza (Expired) then this is a sin even on any other day and it is even more sinful in Ramadan.
Law: For a person who needs to make Ghusl, it is Haraam (forbidden) to enter the Musjid, make Tawaaf and touch the Holy Qur’an, even though he is just touching its blank parts of paper, its spine or tassels. It is Haraam for such a person to read the Qur’an by looking into it or even by not looking, to write any verse (Ayat) or even to write any Ayat in Taweez form or to touch or wear such a ring that has the Arabic alphabets on it.
Law: If the Qur’an-e-Azeem is inside a Juzdaan (casing or cloth covering etc.) then there is no harm in touching the Juzdaan. Similarly, it is permissible to touch it with such a cloth that is not part of your clothing or part of the Qur’an. It is forbidden to touch it or hold it with part of your sleeves or lower portion of a ladies head scarf, or even if a shawl is on your head and you touch it with the other end which is in your hand, as these are all related to your person just as the tassels of the Qur’an are regarded as attached to the Qur’an.
Law: There is no harm in reciting verses of the Qur’an with the intention of Dua, like saying Bismillah hir Rahmaan nir Raheem for blessings, or Alhamdu lil laahi Rab bil Aalameen after sneezing, or too say In na lil laahi wa in’na ilaihi Raaji’oon on hearing some sad news, or to read the entire Surah Faateha with intention of Glorification, or to read with the same intention Ayat ul Kursi or the last three verses of Surah Hashr from; Huwal laa hul ladhee until the end. In all the above mentioned cases if the Niyyat is not that of reciting Qur’an then there is no objection. One can also read the three Quls by leaving out the word ‘Qul’ from each one with the intention of Glorification, as this is allowed. However if one adds the words Qul, it is not allowed even though the intention is to Glorify, for the said circumstance it is definitely regarded as reciting Qur’an and the Niyyat has no bearing in such a case.
Law: If there are verses of the Qur’an printed on money then it is Haraam for all of them (viz: one without Wudu, Junub, one who is menstruating, one in Nifaas) to touch it. However, if it is in a purse then they may carry the purse. The same law applies to them touching plates or tumblers etc. which have Surahs inscribed on them. It is Haraam for all of them to touch it in an impure state and to use such utensils (with Surahs inscribed on them) is Makruh for everyone, except when the intention is purely for Shifa (attaining cure).
Law: To touch or read the translation of the Qur’an in Persian, Urdu or any other language holds the same ruling as reading the Qur’an.
Law: There is no harm if any of those mentioned above look at the Holy Qur’an even though their sight may fall upon the alphabets and they are able to understand the words and they read in their minds.
Law: It is Makruh for all those who have been mentioned above to touch the Books of Fiqh, Hadith and Tafseer. There is however no harm if they touch it with any cloth even though they are wearing it or covering themselves with it but to place their hands on the actual area where verses of the Qur’an are written in these Books is also Haraam.
Law: For all of them, to touch and read the Taurat, Zaboor and Injeel is Makruh.
Law: There is no harm in them reading Durood Shareef and Duas but it is better for them to do so after making Wudu or rinsing the mouth.
Law: It is permissible for all of them to give the reply to the Azaan.
Law: If the Holy Scripture is in a state whereby it cannot be read any longer then it should be shrouded (covered with a cloth) and buried in such a place where none will walk over it.
Law: Unbelievers should not be allowed to touch the Holy Scripture (Qur’an) and even the actual alphabets should be kept away from them.
Law: The Qur’an should be kept on top of all other Kitaabs, and then below it should be Tafseer, then Hadith, then other Religious Books, on condition of their excellence.
Law: Do not keep anything else on a Kitaab, even a pen or ink. Even that box in which there are other Kitaabs should not be kept on it. In other words nothing should be kept on it.
Law: To use pages on which Islamic laws are written to tie parcels or to use a table mat on which there are Islamic poetic verses written or to use any bedding with something written on it are all disallowed.


[1] The above laws are being presented to show whether Ghusl to attain bodily purification is compulsory or not and numerous circumstances are presented here and in the rest of the book for the purpose of understanding. This however does not mean that to do such things as entering a female from her rear (anus) or entering a male by another male or having an illicit sexual relation, or any other forbidden and cursed action is permissible. It is of utmost importance that this is kept in one’s mind throughout the book. Those who commit such acts are sinful and worthy of the Wrath of Allah
[2] Here again, it must be clarified that these are sinful and cursed acts but these are explained so that the ruling in such cases may become clear.

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