Wednesday, 13 August 2014

Bahaar-e-Shariat Volume 3 Blog Page 29

CHAPTER 8: PERFORMING NAMAAZ WITHOUT WUDU

Abu Dawud reports from Umm ul Mo’mineen Hazrat A’isha Siddiqa رضی اﷲ تعالیٰ عنہا that Rasoolullah  صلی اللہ تعالی علیہ وسلم said, ‘When a person in Namaaz ends up without Wudu (i.e. his Wudu breaks) he should hold his nose and leave.’
Ibn Majah and Darqutni is also from her, that Rasoolullah صلی اللہ تعالی علیہ وسلم  said, For the one who vomits, or if he has a nose bleed, or if he ‘mazee’ (pre-ejaculation fluid) is released, then one should walk out, and after making Wudu, he may make ‘Bina’ (i.e. continue from where he left off) on condition that he did not speak in-between. This is also the statement (i.e. view) of numerous other Sahaba-e-Kiraam, such as Siddique-e-Akbar, Farooq-e-Azam, Maula Ali, Abdullah ibn Umar, Salman Farsi; and it is also the view of numerous Taabi’een such as Alqama, Ta’us, Saalim bin Abdullah, Sa’eed bin Jubair, Shu’ba, Ibrahim Nakhi’i, Ata, Makhool, Sa’eed ibn Al Musay’yab رضوان اﷲ تعالیٰ عليہم اجمعین

Laws of Jurisprudence

Law: If the Wudu of a person who is in Namaaz breaks; then even though he is in the Qa’da-e-Aakhira (last sitting), after completion of Tashahud and before Salaam, he may perform Wudu and continue from that point forward (i.e. where his Wudu broke). This is known as ‘Bina’. However, it is Afdal (more virtuous) to commence the Namaaz afresh. This is known as ‘Istinaaf’. The ruling in regards to males and females is the same in this. [General Books of Fiqh; Alamgiri vol.1 pg.39]
Law: He should repeat the ‘Rukn’ (i.e. elemental Parts of Namaaz) in which the hadath occurred. [Alamgiri vol.1 pg.39]

Law: There are 13 conditions of ‘Bina’. If even one of the 13 conditions is inexistent, ‘Bina’ will not be permissible. The 13 conditions are:
1. The Hadath should be the cause of Wudu (i.e. it should necessitate Wudu).
2. Its existence not being questionable.
3. The hadath should be ‘Samaawi’ (i.e. natural occurrence), in other words neither is it from within the control of the servant (of Allah), nor its means.
4. The Hadath (impurity) should be from his body.
5. He did not complete any Rukn with this Hadath.
6. Nor did he delay without any valid reason more than it takes to complete a Rukn.
7. Nor did he complete the Rukn whilst walking.
8. He did not do any action which is not permitted in Namaaz, and which is different to Namaaz.
9. He did such an action, which is permitted, but unnecessarily he did not do it to the extent of it becoming contrary.
10. After the Hadath-e-Samaawi, a Hadath-e-Saabiq did not occur.
11. After the Hadath-e-Saabiq, if a Saahib-e-Tarteeb did not remember a Qaza.
12. If he is a Muqtadi, then he should not have completed somewhere else before the Imam had finished.
13. If he was the Imam, he did not make such a person Khalifa who is not capable of Imaamat. [Durr-e-Mukhtar vol.1 pg.165; Alamgiri pg.39-49]

Explanation of the aforementioned Conditions

Law: In Namaaz the need for Ghusl became compulsory, for example, due to reflecting etc. one had seminal discharge, then in such a case, ‘Bina’ will not be valid. It is necessary to commence the Namaaz afresh (after Ghusl). [Alamgiri vol.2 pg. 49]
Law: If that Hadath (impurity) is something infrequent, such as laughing aloud, unconsciousness and insanity, then one cannot apply ‘Bina’.
Law: If it is not ‘Hadath-e-Samaawi’, whether it was caused by the Musal’li himself, whereby he intentionally broke his Wudu (such as if he vomited out a mouthful, or if he pressed a boil which caused fluid to flow from it, or if he had a sore (boil) on his knee and he pressed it hard on the ground causing it to ooze); or whether it was caused through someone else (doing something), such as if someone struck his head with a stone, causing blood to ooze, or if someone else pressed his boil causing blood to ooze out, or if a stone (brick etc) fell on his head from the roof causing blood to flow from his body, even if the stone fell by itself or by someone walking there, then in all the aforementioned cases, he must read the Namaaz afresh. He cannot make ‘Bina’. Similarly, if a fruit fell from a tree causing him injury and blood oozed due to this, or if a thorn pierced his foot, or it pierced the forehead when he went into Sajdah, and blood oozed out; or if a hornet stung him, causing blood to ooze; then in these as well ‘Bina’ cannot be made. [Alamgiri vol.1 pg.39-49; Raddul Muhtar vol.1 pg.165]
Law: If one vomited a mouthful uncontrollably, then he may make ‘Bina’, but if he did so intentionally, then he cannot. If a person fell asleep in Namaaz and Hadath occurred, and he woke after some time, he can make ‘Bina’; and it was whilst awake and he delayed, then the Namaaz has been nullified (broken). If he passed air (flatulence) due to coughing or sneezing, or if droplets of urine were released, then ‘Bina’ cannot be done. [Alamgiri vol.1 pg.39-49]
Law: If someone put some impurity on his body, of through some way his clothing or body became polluted with impurity more than one dirham, then after cleansing the impurity, he cannot make ‘Bina’; but if he became impure due to the same Hadath, then he may make ‘Bina’; and if it is due to both Kharij and Hadath, then he cannot make ‘Bina’. [Alamgiri vol.1 pg.59]
Law: If ones clothing becomes impure and other (clean) pure clothing is available, whereby he can immediately change into it, then if he changed into it immediately, the ‘Bina’ is done. If there is no other clothing available, into which he can change, or he completed one Rukn in this condition, or he delayed, then (in all these cases) the Namaaz has been nullified. [Alamgiri vol.1 pg.591]
Law: If Hadath occurred in Ruku or Sajdah, and if he raised his head with the intention of completing the Rukn; in other words, He said سَمِعَ اللہُ لِمَنْ حَمِدَہٗ when coming up from Ruku, or اﷲ اکبر as he came up from Sajdah; or when going to make Wudu or when returning he recited Qira’at, the Namaaz is nullified and he cannot make ‘Bina’. If he said سُبْحَانَ اللہِ or لَا اِلٰـہَ اِلَّا اللہ there is no problem in making ‘Bina’. [Alamgiri vol.1 pg.49; Raddul Muhtar vol.1 pg.275]
Law: If after Hadath-e-Samaawi, he intentionally caused a Hadath, then now ‘Bina’ cannot be made. [Raddul Muhtar vol.1 pg.165; Alamgiri vol.1 pg.49]
Law: Hadath occurred, and there is sufficient water to perform Wudu, and he left that water and went somewhere further away, ‘Bina’ cannot be made. Similarly, after hadath, if he spoke, ate or drank anything, ‘Bina’ cannot be made. [Alamgiri vol.1 pg.49; Raddul Muhtar vol.1 pg.165]
Law: If there was a need to fill water for Wudu from a well, then ‘Bina’ can be made, and if it is done without reason, then it cannot be done. [Alamgiri vol.1 pg.49]
Law: If the ‘Satr’ (nakedness) was opened during Wudu, in other words if the ‘Satr’ is opened due to necessity, such as if a female opened her wrist for Wudu, the Namaaz will not be nullified; and if the ‘Satr’ was opened without need, the Namaaz is nullified, such as if a female opened both wrists at once to make Wudu, the Namaaz will be invalidated. [Alamgiri vol.1 pg.49]
Law: The well is close, but there will be a need to fill the water, and the available water is kept far away, then if he filled the water and made Wudu, he must perform the Namaaz afresh. [Alamgiri vol.1 pg.49]
Law: If Hadath occurred in Namaaz, and his house is closer to the ‘Pond’ and there is water available in the house, he still went to the ‘Haudh’ (pond) for Wudu, and there is a distance of less than two Saff space between the Haudh and the house, then in this case the Namaaz will not be nullified, and if the distance is more than this, then the Namaaz will be nullified; and if did not remember that there was water available at his house, and if it is his habit to make Wudu at the Haudh, then in this case, he can make ‘Bina’ [Alamgiri vol.1 pg.49-59]
Law: if after the Hadath occurred, he went home to make Wudu, and he found the door closed, so he opened the door and then made Wudu; then when returning, if there is a fear of thieves, he should close the door; otherwise he should leave it opened. [Alamgiri, vol.1 pg.59]
Law: When making Wudu, he should fulfil the Sunan and the Mustahabs. However, instead of washing each part thrice, if he washed it four times, then he must start the Namaaz afresh. [Alamgiri, vol.1 pg.49]
Law: He should make Wudu from the portion of the Haudh, which is closest to him. Without reason, he should not leave that place and go to a different part of the Haudh; if he left this place and went to a place at the Haudh which is further than the distance of two Saffs, the Namaaz is nullified; and if there were too many people there (nearby), then (going to the further end) wont nullify the Namaaz. [Alamgiri vol.1 pg.59]
Law: If he forgot to make ‘Masah’ during Wudu, then as long as he did not stand in Namaaz, he may go back and make Masah and then return; and if he remembered after standing in Namaaz, then he should start the Namaaz afresh; and if he forgot some clothing there, and went back to fetch it, then he must commence the Namaaz afresh. [Alamgiri vol.1 pg. 59]
Law: If there is water in the Masjid, and if he made Wudu with it, and with one hand he carried the vessel and brought it to place of Namaaz, he is permitted to make ‘Bina’. If he used both hands to carry it, he cannot make ‘Bina’. Similarly, if he brought water from the vessel in a jug and brought it carrying it with one, hand, he may make ‘Bina’ and if he brought it by carrying it with both hands, he cannot. [Alamgiri vol.1 pg.59]
Law: If he had performed Masah on the leather sock and hadith occurred in Namaaz, and he went to make Wudu, but whilst making Wudu, the duration for wearing the leather sock expired; or if he was performing Namaaz after making Tayammum, and then found water; or if he had made Masah on a bandage, and after the Hadath, the wound had healed and the bandage came off, then in all these situations, he cannot make ‘Bina’. [Alamgiri vol.1 pg.59]
Law: If he assume that his Wudu has broken, and thus left the Masjid, but now realises that the Wudu did not break, then he should read the Namaaz afresh; and if he has not come out of the Masjid as yet, then he should read what is remaining. [Hidaya]
If a woman has such an assumption, then the moment she moves from the Musal’la, the Namaaz is nullified. [Alamgiri vol.1 pg.79]
Law: If one has the assumption that he commenced (the Namaaz) without Wudu; or if one had made Masah on the leather sock and one assumed that the durations has expired; or if a Saahib-e-Tarteeb was in Zuhr Namaaz and he assumed that he had not read the Fajr Namaaz; or if he had performed Tayammum, and his sight fell upon alcohol and he assumed it was water; or if he saw colour (a stain) on the clothing and assumed it was an impurity; then in all these cases, if he just moved, with the thought of leaving the Namaaz, but then he realised that his assumption was incorrect, the Namaaz is nullified. [Alamgiri vol.1 pg.79]
Law: If the Hadath occurred in Ruku or Sajdah, then if he raised his head with intention of ‘Ada’ i.e. of completing (that Rukn), the Namaaz is invalidated. He cannot make ‘Bina’ on this basis. [Durr-e- Mukhtar vol.1 pg.275]
 

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