THE FIQH OF TAHARAPurification

Why Are We Starting With Tahara?

The first part of Fiqh Studies is Salat, but the hukm al-wad’ee for Salat is Wudu & Ghusl, collectively known as: Aspects of Taharah—Purification, and so this is where the discussion on Salat commences; with Tahara.

The two main categories of Taharah are:

Haqi’qiyah: the main purpose of this type of tahara is to purify one’s self for worship.

Hukmiyah: here the purpose is to remove a physical najasa, for example cleaning ones self after visiting the bathroom.

Haqi’qiyah vs. Hukmiyah

The main difference between these two classes of tahara is that haqi’qiyah refers to spiritual cleanliness versus hukmiyah which refers to physical cleanliness. For example, if a person just took a shower they are clean in both the haqi’qiyah and hukmiyah sense. But, if the person passes gas (farts) then he/she is no longer haqi’qiyah (meaning he/she can’t pray), but the person is still hukmiyah (so he/she can still read Quran).

HaqiqiyaIn order to be in this state it requires a person to perform wudu’, or ghusl, or tayummum. While there are certain things that break ones wudu’ there is one main problem and that is if any type of Najasa (filth) that falls on him or her.

What are these Najasa? Anything that exits the private

parts of the human body: 1. Urine2. Feces3. Menses4. Madhi’eh (lubricating excretion due to

sexual excitement)5. Nifas (Post-natal bleeding)6. Post-menstrual bleeding

What are these Najasa? Flowing blood (a superfluous bleed

from a cut, or a nose bleed)1. man, woman, or animals (the ones that are

not eaten, such as swine)—this blood is najasa (filthy)

2. insects—their blood is tahir3. animals that we can eat—we are allowed to

touch the blood, not eat it

What are these Najasa? Animal Droppings

1. Birds that fly and that we can eat—the droppings are tahir. Ex. Pigeon

2. Birds that don’t fly (chickens—their droppings are najasa.

Muslims do NOT eat seagulls or crows

What are these Najasa? Khamr (beer, wine, etc.)

1. Najis to drink and consume2. If in perfume or cologne, or medicinal form

(rubbing alcohol) then it is halal

What are these Najasa? Al-Mayta (dead carrion that has not been

slaughtered properly, a corpse of a dead squirrel or bird)

1. the corpse of something that does not bleed is tahir (insects)

2. something that bleeds, but that is halal to eat dead is tahir (fish)

3. human—man, woman, child, Muslim, non-Muslim or other is tahir if it is touched; and all bodies are to be treated with dignity.

4. animals that we can eat are tahir. If not, then they are najis (swine, donkey)

What are these Najasa? Swine, Dogs

1. Swine are absolutely najis in every way imaginable; this means skin, flesh, saliva, or excretions—no, we cannot even touch them.

2. The body and hair of dogs are tahir, meaning we can pet them if we want. However, their saliva, urine, feces and blood are completely najasa. Thus, if a dog licks your clothes you have to wash your clothing and if a dog licks your hands or face then you must perform wudu’ at least.

Things to Consider… There is something called the Qaida Principle, which states that:

Anything Najis is haraam, but everything haraam is not necessarily najis

What if we are hunting with dogs? Whatever the dog catches is fine, as long as the skin of the animal has not been punctured. In this case just say Bismillah before skinning and eating the animal.

Muslims can kill, on the spot, the following animals: crows, rats and a black rabid dog because of the diseases they spread.

Also, we can kill the Gecko, because it is the only animal that betrayed Prophet Ibrahim (as). When he (as) was in the fire the gecko blew on it to make it hotter.

Hence, all of the above categories and items are the only things that will remove a person’s Tahir Haqiqiya.

How is Najasa removed?

Quite simply: with Water. This is because Water is pure in and of itself and it purifies what it is added to.

How is Najasa removed?

The conditions for what type of water is allowed:

1. amount makes no difference2. it must be known as water (tea would not

work)3. it has not changed in Colour, Taste or Smell4. It can be moving or stagnant5. It can be used or unused

How do you know if something has been cleaned?

1. The item has been washed and it is obvious because the colour is gone and the smell and taste have also gone.

2. If it is on shoes or a woman’s garment it only needs that place wiped so that no trace of the najasa is left

3. What if the item is something that cannot be washed—a child urinates in bed—pour 2 pitchers of water, rub the area, use bleach/detergent if needed, and let it dry.

Sunnan at-Tahara - Fitra1. Circumcision for the male—and this is from the

times of Ibrahim (as)2. Removing hair from the private regions (termed

istihdad)3. Removing the armpit hair4. Trimming the nails5. Trimming the mustache hair6. Using the siwak or toothbrush (before every prayer)7. Trimming the beard8. Blowing your nose with water9. Using small amounts of water (not being excessive)

So What Breaks the actual Wudu’?

1. Anything that exits the private area: gas, liquid, or solid: this breaks the minor level of wudu’, meaning haqiqya. You cannot pray but other forms of ibadah are okay, like reading Quran.

So What Breaks the actual Wudu’?

2. Sleep of any kind—fainting included. Not just dozing off, but when the chin touches the chest and you are in slumber-mode.

3. Anything that removes mental faculties—bouts of insanity, alcohol

4. Vomiting or bleeding—when excessive.5. Eating camel meat

So What Breaks the actual Wudu’?

6. Ridda—leaving Islam, doing an act of kufr, such as willfully not praying.

7. Doing ghusl for a dead person8. Touching one’s private parts (skin to

skin, for pleasure—same for touching one’s spouse); touching without gratification is okay

So What Breaks the actual Wudu’?

9. Touching the Opposite Sex: There are four main opinions presented here, with Imam Ahmed being the Rajih (most correct position)a) Imam Shafi’i If there is contact between

a man and a woman with the explicit r implicit intention of seeking pleasure then the wudu’ is nullified. This includes any part of the body, whether it is skin to skin or through clothing.

So What Breaks the actual Wudu’?

b) Imam Malik: In his madhab Imam Malik mentions three conditions, all of which must be met to break the wudu of a person:

I. The person being touched or doing the touching is mature

II. The one doing the touching is seeking pleasure

III. The person being touched is receiving pleasure

So What Breaks the actual Wudu’?

c) Imam Ahmed: If one is touching for pleasure then the wudu’ is broken, otherwise this is fine. The reasoning here comes from a hadith when the Prophet (saw) was praying the tahujjud and when going down for sujood he (saw) picked up and moved the feet of Aisha (ra).

So What Breaks the actual Wudu’?

d) Imam Abu Haneefah: Imam Abu Haneefah states that it could be skin to skin, pleasurable or not—no matter what, the wudu’ is never broken. Essentially one could kiss his wife right before the salat and it would be fine.

How does one perform the Wudu’?

1. The first and most necessary aspect that ensures one’s wudu’ is complete is the Niya (intention). This is considered a fard act.

2. Next and also extremely important is the basmala—saying “Bismillah.” This, too, is a fard act.

How does one perform the Wudu’?

3. Third, one must wash both hands; this includes the front, sides and backs of the hands and in between the fingers. Furthermore, one should rub the hands to remove any filth. For women, nail polish must be removed before performing the wudu’ as nail polish acts as a barrier from the water cleaning the nails. Mendhi or Henna is allowed, as it does not act as a barrier. For men or women, grease and oil needs to be washed off with soap first, for the same reasons. If soap is not available, sand will work.

How does one perform the Wudu’?

4. Then, the face is to be washed three times, with rubbing to remove any filth. The face includes from the top of the forehead, to the bottom of the chin and from one ear to the other ear and in between these four corners is what is to be cleaned. This is also a fard aspect of the wudu’.

5. Fifth, comes the nose and the mouth which are to cleaned three times each. One should try to do both simultaneously, but they can be done independently of each other. For the nose, one must sniffle (not inhale) some water into the nose to loosen any wastes for blowing out.

How does one perform the Wudu’?

6. Next come the arms, which are to be washed three times each, rubbing to remove any filth. The “arm” means from the tips of one’s fingers to the end of the elbow. This is considered a fard action.

7. The seventh step is to wash the head and hair once. The hands should be moist and have a little water in them. The hands are then to pass backwards over the head and then to the front again. This is a fard act.

How does one perform the Wudu’?

8. While washing the head, the ears are also to be cleaned—inside and outside. One method is to anchor the index finger on the inner cone while passing the thumb around the outer cone.

9. After this come the feet which are to be washed and cleaned thrice—on top, the bottom and in between the toes. The area of the foot includes from the tips of the toes to the top of the ankles. This is a fard act and must be done.

How does one perform the Wudu’?

10. For those who have beards—the hands should be moistened and passed through the beard in a combing like motion.

11. If one is wearing a ring or a watch they need to slide it out of the way to make sure that all parts of the body are getting wet and cleaned.

How does one perform the Wudu’?

12. One of the main fard aspects is that all actions must be completed at the same time. It is not acceptable for one to wash the hands and face, go eat dinner and then return to the washroom and continue with the arms.

13. Also, another fard aspect is that one must go in order while performing the wudu’. It is not acceptable to wash the feet first and then the hands and then the face.

How does one perform the Wudu’?

14. While washing the hands, arms and feet the right side of the body must be washed before the left.

15. In all stages possible, one should rub the area to ensure the removal of filth.

How does one perform the Wudu’?

16. All areas of the body should be washed three times each, not including the head and that should only be washed once.

17. At the end of the ablution, one should recite the dua’. In this case the dua’ is the shahada: “Ash hadoo an-la illaha…” The Prophet (saw) taught us that when a person recites this dua’ Allah opens the gates for him or her.

How does one perform the Wudu’?

18. While performing this act of worship one should try not to be excessive in the amount of water they use.

19. If the person has braids in his or her hair—they must undo the braids before making wudu’.

When is Ghusl needed?

A. When a person is in a state of sexual defilement—called Janaba. This includes sexual discharge of any kind whether in sleep, or while awake. Janaba also occurs when there is penetration of the male with the female, even if only partial penetration.

When is Ghusl needed?

B. al-Haid, or Menstrual Bleeding. This includes the following:

1. Al-‘ada: the regular period—so one should refrain from praying

2. Istihada: natural bleeding (reddish blood but without smell)—one must pray, but must make wudu’ before salat and purify herself until the bleeding is gone

3. Post natal bleeding: this is a black, dark and smelly blood. For this person there is no prayer and no time constrictions for when this period is finished.

When is Ghusl needed?

For number 1 and 2 however, there is a time limit as to how long this limit should last and in this case Imam Malik is has the Rajih:oHanafee: 3-15 daysoShafi’i: 1-15 daysoAhmed: 1-15 daysoMalik: no time

How does one perform the ghusl?

1. Use anything that is valid for wudu’.2. Niya3. Wet all body parts  If necessary a man and his wife can bath

simultaneously (at the same time and in the same place)

Extra Mustahab actions for Ghusl include:

1. The wajib and mustahab of wudu’2. Washing the feet at the end3. Washing the right side first4. Rubbing areas where the water doesn’t

reach easily, such as the armpit 5. For a woman: undoing the braids.

What is tayummum and how is it performed? Of the 5 things that were given to the

Prophet (saw) and no other prophet before him was that the Earth has been made a masjid for his ummah—meaning that we can pray anywhere and that it (the Earth) can be used to clean and purify a substance.

What is tayummum and how is it performed? Does Tayammum give full purity from najas? In

this case there are two opinions:1. Tayammum is just for that one ibadat (act of

worship) and, so, once that action is complete then a new tayammum must be made.

2. Tayammum gives full purity without any limits of time or actions. This is the RAJIH (the most correct opinion) as is in the Quran, Sura 5, Verse 6—Earth is Pure and removes impurities from a person.

What is tayummum and how is it performed? It should be noted here that this

purification is for the body and not for the clothes. So, if a person has najasa on their clothes then they have to clean it so no trace of the najasa is left (again, the Earth may be used).

What is tayummum and how is it performed? There are three (3) pre-requisites that must

be met before tayammum can be performed:1. There is no water around at all. This entails

that you have searched for the water, but could not find any.

2. If there is water, but one is ill and water would make it worse then they can do tayammum.

3. There is not enough water to for the whole wudu

What is tayummum and how is it performed? There are those who claim that

Tayammum can only be performed when the time for salat enters. However, this is not true because tayammum has no time limit. The same is found for wudu—that it can be done at any time.

Tayammum takes care of both Major and Minor Najasa.

What does one use for tayammum?

Loosely packed dirt, or finely packed granules of sand, or rocks (basically, the outdoor ground). There are those who say there has to be dust, but this is not true as is seen in the example of the Prophet (saw) when he traveled to Tabook—a place with nothing but dustless sand.

How does one perform Tayammum?

1. Niya2. Saying Bismillah3. Smack the ground with both palms, at the same time4. Wipe the hands once over the face5. Then the palm of the right hand over the back of the

left hand6. Then the palm of the left hand over the back of the

right hand7. And then clean off excess dirt off the hand and face,

etc.8. Must be done in this specific order

What breaks the Tayammum? Either (1) you find water (and this means

that even if in the middle of salat water is found, then you exit the salat and do wudu and redo the salat) & (2) anything that breaks wudu.