Wednesday, 13 August 2014

Bahaar-e-Shariat Volume 3 Blog Page 11

Law: For a ‘Baandi’ (i.e. slave-girl), her entire stomach, back and both sides, and the area between her naval up to below the knees is regarded as ‘Awrat’. If a ‘Khunsa Mushkil’ is a slave then the ruling is also the same. [Durr-e-Mukhtar vol.1 pg.271]
Law: If a Baandi was performing her Namaaz with her hair uncovered and her master freed her in the midst of Namaaz, then if through ‘Amal e Qaleel’ in other words she performs a trivial movement, such as by covering the head with one hand, the Namaaz will be valid, otherwise not. This applies whether she had knowledge of being freed or not. However, if she did not have any such thing available (nearby) with which she could cover her head, the Namaaz will be regarded as being valid. [Durr-e-Mukhtar vol.1 pg.271; Alamgiri vol.1 pg.55]
Law: If less than quarter of any limb (i.e. part of the body) which is Fard to be covered is exposed during Namaaz, the Namaaz will be valid; and if a quarter was exposed and one covered it immediately, then in this case, the Namaaz will also be valid. However, if it remained exposed for the duration of one ‘Rukn’, i.e. the amount of time it takes to say ‘Subhaan’Allah’ thrice, or if it was exposed intentionally, even though it was covered immediately thereafter, the Namaaz will be regarded as being invalid (in both cases). [Alamgiri vol.1 pg.55; Raddul Muhtar vol.1 pg.273]
Law: If when commencing Namaaz, i.e. at the time of saying ‘Allahu Akbar’, one fourth of a limb was uncovered then the Namaaz has actually not even commenced. [Raddul Muhtar vol.1 pg.273]
Law: If small portions of few parts (limbs) are exposed, whereby each part that is exposed is actually less than a fourth of that limb, but if all of them were combined, it would be equal to one fourth of the smallest limb that is uncovered then in this case, the Namaaz is not valid. For example, a ninth of a females ear is exposed and a ninth of her shin is exposed then both combined will definitely addup to more than a quarter of the ear area, so in this case the Namaaz will be regarded as being invalid. [Alamgiri vol.1 pg.55, Raddul Muhtar vol.1 pg.274]
Law: The ‘Awrat-e-Ghaleeza’ (‘Major Private areas to be concealed’) refers to the parts of the body such as the anus and other private parts and the areas adjoining, whereas the rest of the limbs are called ‘Awrat-e- Khafeefa’ (‘minor areas to be concealed’). The ruling in regards to all of them is the same, i.e. they all need to be covered. The issue of it being a major area that needs to be concealed or a minor area actually refers to the prohibition of looking. In other words, to look towards the parts classified, as ‘Ghaleeza’ is Haraam (totally forbidden) at a greater degree, such as when one sees someone with his knees exposed, he should caution him with gentleness. If he persists, then do not bicker with him. However, if he is exposing his thigh, then he should be cautioned firmly, and if he persists, do not beat him. However, if a female exposes the area, which is regarded as ‘Ghaleeza’ then the one who has the power or right to reprimand her, such as her father or the (Muslim) Ruler, then he should reprimand her. [Raddul Muhtar vol.1 pg. 274]
Law: In the case of the ‘Satr’, i.e. covering the body, it is not necessary that only your eyes do not fall upon that area; so if someone is wearing only a long kurta and his collar area is open, and if one peers into his collar area, he will be able to see other parts, then in this case the Namaaz will be valid, even though it is Makruhe- Tahreemi to look there without a valid reason. [Durr-e-Mukhtar vol.1 pg.274; Alamgiri vol.1 pg.54]
Law: For ‘Satr’ to be Fard from others, means that the body cannot be seen from all over the place, so (Allah Forbid), if some mischievous person bent and looked at the limbs from underneath, then the Namaaz will not become invalid. [Alamgiri vol.1 pg.54]
Law: The limbs that need to be concealed for men and those which are regarded as the ‘Awrat’ are nine, and Allama Ibrahim Halabi, Allama Shaami and Allama Tahtawi etc. have mentioned eight of which are:
1. The penis, including all its parts i.e. the head, the perch and the foreskin.
2. Testes, both these are regarded as one part. If one fourth of only one is exposed, it will not invalidate the Namaaz.
3. The anus, in other words the area of excretion of faeces.
4&5. Each buttock is regarded as a separate part that needs to be covered
6&7. Each thigh is regarded as a separate part that needs to be covered. The entire area from the groin to the knee is regarded as the thigh. The knee is also included in this and is not counted here as a separate part, so if the knee becomes exposed or if both knees are exposed, then it will still not invalidate the Namaaz, as both combined will still not be equal to quarter of one thigh.
8. From below the naval up to the base of the penis, and in its direction, the rear and the both sides together are regarded here as one ‘Awrat’ (i.e. part which must be concealed). Aala Hazrat, the Great Mujad’did of the Century presented research proving the area between the anus and the testes is also a separate ‘Awrat’ (i.e. part which must be concealed). He counted and presented the rulings in regards to the above mentioned in the form of four couplets:

ستر عورت بمرد نہ عضو است                 از تہِ ناف تاتہ زانو
ہر چہ ربعش بقدرر کن کشود                   یا کشودی دمے نماز مجو
ذکر و انثيين و حلقہ پس               دوسرین ہر فخذ بہ زانوئے او
ظاہرا فصل انثيين و دبر باقی زیر ناف از ہر سو

Law: For free women, with the exception of the five parts, which have already been explained, the entire body is regarded as ‘Awrat’ and this consists of thirty parts. If one fourth of any of these parts is exposed, the ruling in regards to Namaaz is as mentioned above. Those parts are:
1. The head, i.e. from the top of the forehead up to the beginning of the neck and from ear to the other ear, in other words on the area which usually has hair growth.
2. The hair that hangs (from the head).
3&4. Both ears.
5. The neck. The throat is also included in this.
6&7. Both shoulders.
8&9. Both arms, which include both elbows.
10&11. Both wrists, in other words from below the elbow up to the wrist joint.
12. The Chest, in other words from under the neck right up to under the extreme ends of the breasts.
13&14. The backs of both hands.
15&16. Both breasts, if they are properly formed (raised). If they are not yet full or if they are only slightly raised, where it does not look like a separate part, then it will be regarded as part of the chest, and will not be counted as a separate part. Even in the first instance, the space in-between both breasts will be counted as part of the chest, and will not be regarded as a separate part.
17. The stomach, which is from the end of the chest as mentioned, up to the end of the naval area, meaning that the naval is also included as part of the stomach area.
18. The Back, in other words, the area behind the chest, which is in line with the chest, up to the waist.
19. The area that is between both shoulders. This is the area from under the armpit, up to the extreme end of the chest, and the space, which is on both sides. Its frontal section falls within the chest area and its rear falls within the shoulders or back. After this, the area, which is on both sides, up to the waist, its frontal area, is part of the stomach area and its rear is part of the back.
20&21. Both buttocks.
22&23. The vagina and the anus.
24& 25. Both thighs. The knees are included in this.
26. The pelvic area and that which is in line with it, below the naval, and the area parallel to it towards the back, altogether are regarded as one ‘Awrat’.
27&28. Both shins including the ankles.
29/30. Both soles of the feet; Some Ulama have also mentioned that the back of the hands and the soles are not counted within the ‘Awrat’, i.e. they do not need to be concealed.
Law: Even though the face of a female is not regarded as ‘Awrat’ (i.e. part that must be concealed) but due to the risk of temptation it is disallowed (i.e. disapproved) to open the face in the presence of strange males. Similarly, it is impermissible for a non-Mahram to look towards her face and to touch her face is disallowed to a greater degree. [Durr-e-Mukhtar vol.1 pg.274] (Detail in this regard is discussed in Volume 16 of Bahaar-e-Shariat).
Law: If a person has no other clothing to cover his nakedness with, except for a silk garment, then he should use the same fabric as ‘Satr’, and he may perform his Namaaz in it as well. However, if other clothing is available, it is Haraam for males to wear silk clothing, and Namaaz in such clothing is Makruh-e-Tahreemi. [Durre- Mukhtar & Raddul Muhtar vol.1 pg.275]
Law: If a naked person covers his entire body completely including his head, with one full sheet and performs his Namaaz in this state, the Namaaz will not be valid. However, if he removes his head from under the sheet, the Namaaz will be valid. [Raddul Muhtar vol.1 pg.275]
Law: If a person has no clothing available to him, he should sit and perform his Namaaz, be it during the day or night, be it inside a house or outside on an open field. One should either sit like one sits in Namaaz. A male will sit in the manner wherein males sit in Namaaz and a female, in the manner of females; or one may sit with the legs stretched out and the hand covering the ‘Awrat-e-Ghaleeza’ and this is preferred. In place of Ruku and Sujood, one should just gesture, and (in this case) this gesturing is more virtuous for such a person than making the actual Ruku or Sujood. (In such a situation) To sit and read the Namaaz is greater than standing and reading the Namaaz, even if one has to make gestures in Qiyaam for Ruku and Sujood, or if one makes Ruku or Sujood. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.275]
Law: If such a person was performing his Namaaz naked, and someone loaned some clothes, or made its use lawful for him, then the Namaaz will be invalidated. He will have to wear the clothing and then repeat the Namaaz from the beginning. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.276]
Law: If someone promised to give him some clothing, he should wait until the very last time (of that Namaaz), and if he sees that the Namaaz will not be done on time, then he should perform his Namaaz without clothing. [Raddul Muhtar vol.1 pg.276]
Law: If someone else has some clothing with him and there is a predominant likelihood that by asking him, he will give it to you, then in this case it is Waajib to ask for the clothes. [Raddul Muhtar vol.1 pg.276]
Law: If one is able to get the clothing for cash, and he has more than the ‘Haajat-e-Asliyah’ (i.e. that which is required for his absolute necessities). However, if the one selling is asking for an amount, which is not more than the estimated price of those who have estimated it, then in such a case it is Waajib to purchase it. [Raddul Muhtar vol.1 pg.276]. Similarly, if he agrees to sell the clothing on credit, it is still Waajib to purchase it.
Law: If he has such clothing, which is completely impure then he should not wear it in Namaaz. However, if one fourth of it is pure then it is Waajib upon him to wear it for Namaaz. For him to perform his Namaaz naked is impermissible. All this only applies when one does not have any such thing with which the clothing can be cleansed and purified, or which will allow its impurity to become less than the amount of the preventative impurity. If not, it will be Waajib to purify the clothing or reduce the amount of impurity. [Durr-e-Mukhtar vol.1 pg.276]
Law: If a few people are naked, each should read his Namaaz individually, far away from one another and if they performed Jama’at, the Imam should stand in the middle. [Alamgiri vol.1 pg.55]
Law: If a naked person finds a grass-mat or some bedding, he should use it to cover himself. He should not perform his Namaaz naked in this case. Similarly, if he is able to cover himself with grass or leaves etc., he should do so. [Alamgiri vol.1 pg.55]
Law: If one does not have sufficient clothing for the entire Satr but the clothing is only sufficient for Satr of some parts, then to cover with this is Waajib. One should actually use this material to cover the ‘Awrat-e-Ghaleeza’, i.e. the frontal and rear private parts. If the material is only enough to cover one of the private parts, then one should be covered. [Durr-e-Mukhtar vol.1 pg.277]
Law: There is no need for one who has performed his Namaaz in such a dire circumstance, to repeat the Namaaz after he has acquired clothing. The Namaaz will be regarded as being valid. [Durr-e-Mukhtar vol.1 pg.277]
Law: If one is not able to get clothing for the Satr or something to purify impure clothing because of some act of the servants (i.e. creation) then in such a case he should perform the Namaaz. Thereafter, (whenever he obtains it) he should repeat the Namaaz. [Durr-e-Mukhtar vol.1 pg.277]

Third Pre-Requisite: Istiqbaal-E-Qibla – Facing the Direction of the Qibla
Istiqbaal-e-Qibla means to face the direction of the Qibla, i.e. the Holy Kaaba. Almighty Allah says

سَیَقُوۡلُ السُّفَہَآءُ مِنَ النَّاسِ مَا وَلّٰىہُمْ عَنۡ قِبْلَتِہِمُ الَّتِیۡ کَانُوۡا عَلَیۡہَا ؕ قُلۡ لِّلہِ الْمَشْرِقُ وَالْمَغْرِبُ ؕ یَہۡدِیۡ مَنۡ یَّشَآءُ اِلٰی صِرَاطٍ مُّسۡتَقِیۡمٍ ﴿۱۴۲﴾
‘Now the fools amid the people will say; who turned the Muslims away from the Qibla, on which they were? (O Prophet) You say; The East and the West belong to Allah. He guides upon the straight path whomsoever He Wills’ [Surah Baqarah, Verse 142] –

Huzoor  صلی اللہ تعالی علیہ وسلم performed Namaaz facing the direction of Bait-ul-Muqaddas for sixteen or seventeen months, but the Beloved Rasool  صلی اللہ تعالی علیہ وسلم wished that the Kaaba should be the Qibla. It was on this, that the following verse of the Holy Qur’an was revealed:

وَمَا جَعَلْنَا الْقِبْلَۃَ الَّتِیۡ کُنۡتَ عَلَیۡہَاۤ اِلَّا لِنَعْلَمَ مَنۡ یَّتَّبِعُ الرَّسُوۡلَ مِمَّنۡ یَّنۡقَلِبُ عَلٰی عَقِبَیۡہِ ؕ وَ اِنۡ کَانَتْ لَکَبِیۡرَۃً اِلَّا عَلَی الَّذِیۡنَ ہَدَی اللہُ ؕ وَمَا کَانَ اللہُ لِیُضِیۡعَ اِیۡمَانَکُمْ ؕ اِنَّ اللہَ بِالنَّاسِ لَرَءُوۡفٌ رَّحِیۡمٌ ﴿۱۴۳﴾قَدْ نَرٰی تَقَلُّبَ وَجْہِکَ فِی السَّمَآءِ ۚ فَلَنُوَ لِّیَنَّکَ قِبْلَۃً تَرْضٰىہَا ۪ فَوَلِّ وَجْہَکَ شَطْرَ الْمَسْجِدِ الْحَرَامِ ؕ وَحَیۡثُ مَا کُنۡتُمْ فَوَلُّوۡا وُجُوۡہَکُمْ شَطْرَہٗ ؕ وَ اِنَّ الَّذِیۡنَ اُوْتُوا الْکِتٰبَ لَیَعْلَمُوۡنَ اَنَّہُ الْحَقُّ مِنۡ رَّبِّہِمْ ؕ وَمَا اللہُ بِغَافِلٍ عَمَّا یَعْمَلُوۡنَ ﴿۱۴۴﴾
‘And (O Beloved) the Qibla on which you were before, we only set it for this reason, so that it may become obvious, who follows (obeys) the Rasool, and who turns back on their heels. And undoubtedly, this was a difficult (adjustment), except for those guided by Allah. And it is not (in) the Magnificence of Allah, to allow your Imaan (Faith) to be ineffectual.’ [Surah Baqarah, Verse 143]
‘We are seeing you constantly turning your face towards the skies, so surely We will turn you towards the Qibla which holds your pleasure. Now, turn your face towards the Masjid-e-Haraam (The Sacred and Sanctified Mosque) immediately. And O Muslims! Wherever you are, turn your faces towards it as well. And those who were given the Book, definitely know, that this is the Truth from their Rub, and Allah is not unaware of their deeds.’ [Surah Baqarah, Verse 144]
Law: Namaaz is performed for Allah alone and Sajdah (prostration) is for Allah alone, and not for the Kaaba. If (Allah Forbid) someone makes Sajdah for the Kaaba, then he has committed an act, which is Haraam (i.e. totally forbidden) and ‘Gunah-e-Kabeera’ (i.e. a major sin). If he did this with intention of worshipping the Kaaba, then he is regarded as a blatant kaafir (unbeliever), as it is kufr (infidelity) to worship other than Allah. [Durr-e-Mukhtar vol.1 pg.286; Ifadaat-e- Razviyah]
Law: The Istiqbaal-e-Qibla is general, in the sense of facing the actual Kaaba-e-Muazzamah, as is in the case of the people of Makkah Mukarramah, or for others, to face the direction of the Kaaba. [Durre-Mukhtar vol.1 pg.286]. In other words, the research is carried out by the one who is able to specially investigate the actual direction of the Kaaba, even if the Kaaba is covered. As is in the case of the houses in Makkah, where one stands on the rooftop of the house, he is able to see the Kaaba, then in this case, it is Fard to direct the face to the actual Kaaba, and the direction alone without investigation will not be sufficient. As for those who are not able, to research or establish this, even if they are in Makkah Mukarramah, then for such a person to face the direction of the Kaaba is sufficient. [Ifadaat-e-Razviyah]
Law: If one reads Namaaz inside the Holy Kaaba, he may read in whichever direction he wishes. Even if Namaaz is performed in the Roof of the Kaaba, the Namaaz will be valid, but to climb on the roof of the Kaaba is ‘Mumnoo’ (disallowed/disapproved). [Ghuniya etc]
Law: If he only directed his face towards the ‘Hateem-e-Kaaba’, whereby the Kaaba Muazzamah does not fall in front of it, then in this case the Namaaz will not be valid. [Ghuniya]
Law: To face the direction of the Holy Kaaba means that some portion of the surface of the face is in the direction of the Kaaba. Hence, if one is somewhat deflected from the Qibla direction, but some part of the face is facing the direction of the Kaaba; the Namaaz will be valid. The fixed angle stipulated in this regard is 45 degrees, so if the deflection is more than 45 degrees from the direction of the Kaaba, the Istiqbaal-e-Qibla will not be valid and the Namaaz will be invalid. For example, و- ب is a straight line and ہ-ج is perpendicular to it. Suppose that the Kaaba is at the point ج If the right angles و-ہ-ج and ج-ہ-ب are intersected by lines ر- ہ and ہ-ح then these right angles will be intersected to form two 45 degree angles each, because a right angle is 90 degrees. Now, if a person is standing at point ہ and is directly facing ج then he is in line with Kaaba, i.e. he is facing the actual direction of the Kaaba. If he is orientated towards ر or ح then in this case, he will be regarded as facing the Kaaba as long as he is within ر ج or ح ج . However, if he exceeds the point ر orientated towards و or if he exceeds ح orientated towards ب at any degree, he has deviated from the direction of Kaaba and his Namaaz is thus invalid. [Ifadaat-e-Razviyah, Durr-e-Mukhtar vol.1 pg.286]



Law: Qibla is not the name of the structure (building) of the Kaaba, but the space within which it (the Kaaba) is situated. The entire space within the vicinity of it, from the seventh earth right up to the Arsh, is Qibla. Now, if the building (of the Kaaba) is removed from its place and put somewhere else and someone performed his Namaaz facing the building where ever it may have been moved to, his Namaaz will not be valid. If the Holy Kaaba had gone for the Ziyaarat (visiting and taking the blessings) of any Wali Allah and one performs his Namaaz facing the space that is the Qibla, his Namaaz will be valid (as the Structure of the Kaaba is not the name of Qibla but Qibla is that space and the Kaaba is erected within its confines). Similarly, if one performed his Namaaz on a mountain or in the depths of a well, whilst facing the direction of the Qibla his Namaaz is valid, because his direction was that of that space which is Qibla, i.e. the area and vicinity of Qibla, even though one did not face the structure (of the Kaaba). [Raddul Muhtar vol.1 pg.290]
Law: One who is incapable and helpless in regards to facing the Qibla, i.e. of making Istiqbaal-e-Qibla, such as in the case of being ill to the extent where he does not have the energy to face the direction of Qibla, and there is no one else there who can direct him towards Qibla; or in the case where he is in the possession of personal valuable or if he has been entrusted by some other person to safeguard some valuables, and he knows for sure that if he faces the Qibla it will be stolen; or if he is floating on a ships plank and he knows that by changing direction to face Qibla he will sink; or if he is riding a disobedient animal which will not allow him to dismount, or if he dismounts, he will not be able to re-mount it again without the help of someone; or if he is an old person and will not be able to mount the animal himself, and there is also no one available to assist him to mount it, then in all the above mentioned situations, one should perform ones Namaaz in whichever direction one is able to, and there is also no need to repeat such Namaaz. However, if one has the ability to halt the animal, he should try to do so, and if he is able to direct his face towards Qibla, he should attempt to do this as well. If even this is not possible, he should perform his Namaaz however, he is able to. If there is a risk of him losing sight of the travel group if he stops, then in this case as well, there is no need to halt the animal (i.e. conveyance). In such a situation, one may perform Namaaz whilst in motion. [Raddul Muhtar vol.1 pg.290]
Law: If one is performing his Namaaz on a ship which is already sailing, he should face the direction of Qibla when performing Takbeer-e-Tahreema (i.e. saying Allahu Akbar to commence Namaaz), and he too should change direction as the ships changes course, even if he may be performing a Nafil Namaaz. [Ghuniya pg.223]
Law: If a Musal’li has in possession valuables, and he is sure that they will be stolen if he faces the Qibla, then in such a situation, if he is able to find a person to guard his valuables, even if it means paying him the ‘Ujrat Mithl’, i.e. the current general wage, he should do so, and to face Qibla is Fard (in this case). [Raddul Muhtar vol.1 pg.290]
This ruling applies if the amount being demanded in payment is surplus to his fundamental necessary requirements, i.e. ‘Haajat-e-Asliyah’, or if the person guarding the valuables agrees to being paid later.
If the person is demanding cash payment for this duty and one does not have sufficient cash, or if one does have cash but it is not surplus to his Haajat-e-Asliyah, or if the person is demanding more than the current general wage, then there is no need to secure the services of such a person, for this purpose. One may perform his Namaaz as he can. [Ifadaat-e-Razviyah]
Law: If a person has been captured or imprisoned and his captors do not allow him the privilege of facing the Qibla, he may perform his Namaaz in whichever direction he can. Then, if he gets the time to perform it within the fixed time of that Salaah or even afterwards, he should repeat it. [Raddul Muhtar vol.1 pg.290]
Law: If a person is at such a place where he is not able to establish the direction of Qibla, as he is not able to locate any indication in regards to Qibla direction, or if there is no Muslim there who is able to show him the Qibla direction, or if there is no Masjid or Mehraab etc. at such a location, or if the sun, moon or stars have not as yet appeared, or even if they have appeared, he does not possess the relevant knowledge to establish Qibla by way of them, then the ruling in regards to such a person is that he should practice ‘Taharri’[1], i.e. he should deliberate in regards to the direction of Qibla, and he should face that direction which his heart firmly settles on as being the direction of Qibla. [General Books]


[1] Taharri refers to a decision based on deliberation and positive intuition. When it becomes complicated to determine the truth of a matter in any situation, then one should deliberate in this regard and act based on one’s positive intuition to determine the truth. This deliberation is called Taharri. It is only permissible to practice Taharri when there is no other evidence to substantiate the reality. It is not permissible to practice Taharri if there is evidence present. More detail in this regard can be found in Bahaar e Shariat Volume 17.
 

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