Baab 11

Making istinja with the right hand

  1. Title in tirmidhi is Karaha, and in Muslim it comes as Nahyi

  2. The hadith in this baab is found in all 6 books

  3. Removing of dirt should be done using left hand, however, there’s nothing wrong with holding razor with right hands when shaving and pouring water with right hand when bathing, and holding nail clipper with right hand when clipping nails.

  4. Hadith says that RA has prohibited from touching the private parts with the right hand.

  5. This is been taken with the meaning of istinja

Baab 12

  1. Abu Muawiyah in hadith 19 as a student of Ahmash and he stayed with him for 20 years.

  2. His name is mohammad bin Yazid

  3. This baab is with regards with making istinja with stones

  4. According to Shafi’i , 3 stones is waajib, and an odd number above 3 is mustahab.

  5. Another view of shaafi is that an odd number above 3 is waajib

  6. According to ahnaf, 3 stones is mustahab, but to cleanse is waajib, and this is according to tahawi.

  7. Hadith 19 is against ahnaf, because the hadith says that we’re prohibited from using less than 3 stones.

  8. Our dalil is hadith 20 in the next baab 13.

  9. To use something similar in purpose to a stone, is permissible even according to shaafis

  10. Tirmidhi, stones is sufficient for istinja, even if not water is used.

  11. We agree with this. But only if less than the size of a dirham of najasat came out from the private parts.

Baab 13

  1. This baab is a contrasting baab to the one before

  2. Tirmidhi says that the hadith is weak

  3. Bukhari brings same narration but through the tariq of zuhair.

  4. Some ahnaf used the hadith in this baab as a proof.

  5. According to shaafi And Ahmad, a minimum of 3 stones and to clean the area is waajib,

  6. To use more than 3 but in an odd number if mustahab, and some say waajib

  7. Imam hanifa and maalik = cleaning the area is waajib, using 3 stones is sunnah, sing odd number of stones is mustahab,

  8. 3 stones being sunnah is according to tahawi, and he’s the most post knowledgeable to our madhhab.

  9. Tahawi is a student to Abu Hanifa through 3 links., and student to imaam maalik through 2 links, and student of Shafi’i through one link., and he also has ijazah from imam ahmad.

  10. Alaama nasafi says in Kanz ud daqaiq, the 3 stones is not sunnah, hoevert we will stick to the view of tahawi because he’s more knowledgeable, we can also say that nasafi means to say that it’s not sunnah muakkad because sometimes a person would need to use more than 3 stones,

  11. Objection: Baihaqi narration has got an addition where RA called for another stone (3rd stone) , this is narrated from abu ishak who narrates from alqamah who narrates from ibnu masud RA , it is a mursal hadith like this.;

  12. ANSWER: there’s no dalil to show that RA actually used the 3rd stone that he had asked for and there’s no dalil to show whether that 3rd stone was actually brought.

  13. Imaam sair a’iy tat abu ishaaq never heard from alqamah, but bayhaqi never mentioned it here because its against his view and we find that he has mentioned it in kitaabu diyaat

  14. Ibnu Hajar said abu ishaak had no simaa but aby ishak himself said that he never heard from alqamah.

  15. It’s also narrated as ‘AN’Ana and ahnaf don’t accept Mursal hadith with An’Ana

  16. Ibnu hajar mentioned 2 sahih hadith of israil and zuhayr but how come he never mentioned this hadith that’s found in bayhaqi.

  17. If ibnu mas’ud view was to use 3 stones, then he would have emphasized it.

  18. The fact that he didn’t say it is like nafi.

  19. Our other dalil is the hadith where RA said the one who makes istinja , he should use an odd number of stones, and the one who does so, then he has done good, and the one who hasn’t done so, then there’s no problems.

  20. Bayhaqi says that an odd number, more than 3, therefore brings the hadith of 7, but we say that he himself is not in the view that 7 is mustahab.

  21. Ibn Hazak says that our dalil is weak.

  22. Ibnu Hibban says the dalil is sahih. Buthis statement is not good enough because he accepts majhool narrators

  23. Zahabi and Ibnu ajr says that its sahi, and Abu Dawood makes suqoot,

  24. There are different variations of the hadith in this baab

  25. there is an issue of simaa between abu ubaidah and ibnu mas’ud In the hadith that tirmidhi brings,

  26. There are different variations and the most common is that of Israil and zuhayr.

  27. Bukhari gives preference to zuhayr version who has no breakages in the chain,

  28. The following are the reasons as to why zuhayrs version is given preference

  29. a) supporting narrations are better or more
    b) bukhari narrates saying that the narrator himself gives preference to this version,
    c) abu ishaq is a mudallees and israil version is ‘an’ana

d)There’s consistency in the dalil of zuhayr which is not so in the version of israllo

e) Allama ‘aini favours zuhayrs narration

30. Hadith of israil may have breakages but it’s accepted by ulema and scholars which proves that the hadith has no serious issues.

31. Some hanafis are of the view that 3 stones and an odd number is not waajib because RA was brought 2 stones, and the dung , he threw the dung and only used 2 stones.

32. Then he said bring me a third, refer to point 12

Baab 14

  1. What’s disliked to make istinja with

  2. Hadith says don’t make istinja with rough , or with bones because it is the food of your brother from the jinn kind.

  3. QUESTION: How is Routh considered to be food?

  4. ANSWER: Some say it’s fertiliser, some say its food of the jinn, because hadith in bukhari which has wordings that routh is the provisions for your animals conveyancers.

  5. Routh is probably convert back to grass, so they can consume.

  6. Routh can also be fodder for these animals

  7. BONES:

  8. When the name of Allah is taken, on meat then after its been stripped off the bone, Allah replaces that bone with flesh which is the food for the jinn kind.

  9. there’s two versions
    a) ismails= mursal hadith
    b) hafs bin giyaath= muttasil hadith

  10. Muslim gives preference to ismail’s version because it’s more authentic in the way that it reached us.

Baab 15

Making istinja with water

  1. It’s waajib to use water if najasat larger than size of 1 dirham came out from the private parts otherwise it will be sunnah.

  2. Those that say its not waajib say that RA did not command it.

  3. We day its sunnah muakadah because its proven from all the other hadith which denotes the physical action of RA.

  4. And it becomes waajib to use water on the basis that the najasah may still remain.

Baab 16

When RA intended to relieve himself, he would go through a distant place.

  1. In nasai there’s a hadith where RA didn’t distance himself which shows there is some leeway.

  2. Objective of distancing oneself is that no one can see u relieving yourself,

  3. The same sanad in tirmidhi is also found in nasai, but with an addition in the mattan

  4. 1 sunnah is to go see oneself, and the other sunnah is to go far away, so people may not see and smell the effect after relieving oneself.

  5. QUESTION: How far should one go in order to distance himself?

  6. ANSWER: the distance until no one can see him, it’s also documented in tabrani and other places that the person should go shar’i miles.

Baab 17

  1. The dislike of urinating in the place of making ghusl

  2. Fuqaha say its makruh to urinate in the shower

  3. Avoid situations where it would create doubt in your taharah

  4. There is jawaz/leeway if it won’t create any doubt, such as a place with flowing water.

  5. Urinating in the shower creates forgetfulness

  6. The hadith also uses the word mustahimm

  7. This word was originally coined as the place for water, later it was used for cold and hot water.

Baab 18

The miswak

Ibnul arabi says that its not sufficient to use a mouthwash or the like of it in place of miswak

  1. However this is not correct,

  2. Anything that may served as a purpose of miswak may be used.

  3. QUESTION: Is using a toothbrush fulfilling the objective?

  4. ANSWER: According to mufti Taqi Usmani, , after using toothbrush it’s still sunnah to use the miswak, because sometimes the britle of the toothbrush is made of pig fibre, and there’s benefits of the bristle of miswak which can’t be derived from a toothbrush

  5. the muswaak item itself is sunnah and the action of doing miswak is sunnah

  6. Therefore we find ahadith which encourages us to use our finger as a miswak when the miswak is not available.

  7. Alaama shaami narrates 70 benefits of using the miswak.

  8. The lowest of the benefit is to cleanse the mouth

  9. And the highest benefit is that it reminds you to recite kalima at time of death.

  10. Which tree miswak comes from?

  11. As mentioned in Al tarkhis of ibnu hajar, it should be taken from the araq tree

  12. hAdith 26 in this baab, there’s different chains , tirmidhi indicates that the chain of zaid (RA) is narrated by bukhari and therefore it’s more authentic,

  13. however tirmidhi makes the less authentic chain as a primary in this baab

  14. QUESTION: How to make miswak?

  15. ANSWER:In Abudawood, it’s narrated that RA would take it right back until the back of tongue Qa’qah’ sound is heard.

  16. He also speaks about brushing the tongue

  17. There are different methods mentioned in hadith but this is not a serious problem because all these ahadith are of virtue and are all acceptable.

Baab 19:

  1. When a person wakes up from his sleep then he should not immerse his hands into the utensil of water until he washes his hand

  2. Here we aren’t talking of real najasah, but in arab lands its very hot and people sweat alot and a person might touch his private parts during his sleep therefore it is disliked that he places his hands into the water container without having washed them first.

  3. However , if you are talking of actual najasat and not sweat per se, then a different msala will apply with regards to how much najasat fell in the water and how much it will take to purify.

Baab 20

Tasmiya at the time of wudu

  1. Ahmad 1= waajib- this is an incorrect view

  2. Ahmad 2= sunnah, this is the correct view,

  3. Maalik 1= not sunnah

  4. Maalik 2= mustahab – this is correct view

  5. Ibnu humaam = wajib

  6. His student says that its not accepted, we depart from the job because quran didn’t say so so how can it be waajib by means of a khabrul waahid

  7. Dawud zahiri= waajib – incorrect view

Baab 21

Madh madha and istinchaak

  1. ahnaf= both waajib in ghusl and sunnah in wudu

  2. Other says waajib in both

  3. Ahmed and ishaaq= wajib in wudu

  4. 3rd group says that mustahab to do both in wudu and ghusl.

  5. Quran doesn’t speak of these two

  6. Ahnaf proofs=
    a)
    – Quran mentions 4 parts to wash for Wudu in Surah maidah
    – for Ghusl in the same aayah, even if you are in the state of janabah, then purify yourself.
    – The word for purify used by Allah is Ittaharu which has exaggeration in it which means that you can intensify in washing your body. And this intensity in exaggeration can be achieved by washing the nose and the mouth, and if left out, then it can’t be achieved.
    – There’s a mursal narration from Ibn sireen that RA Commanded with washing the nose thrice for janaabah
    – However Imam nawawi says that they do accept the Mursal narrations of Ibn sireen
    b)
    – Ibn Abbas was asked regarding a person (in janabah) who forget to gargle the mouth and wash the nose. He said the person should repeat the salaah.
    – But in the sanad, Ayesha Bint Ajrad can’t be accepted, but in Mi’zanul I’tidaal it’s mentioned that she’s either a Sahabia or ta’biiya
    – Ibn Ma’in says she’s a sahabia
    – Imam Abu Hanifa is also found in this sanad
    – Some said that she’s unknown, but Imam Abu Hanifa narrates from her so probably she’s acceptable and has religious integrity and he based his fatwa on her narration.
    c)
    – Part of Ghusl is to wash every hair of the body, and there are hairs which are found in the nose.

Baab 22

-Gargling the mouth and washing the nose with one handful of water (Ghurfa), this is a matter of preference

– Imaam Maalik (1), Shaafi (old), = One hand scoop for the nose and one for the mouth.
– Ahnaf and Maalik (2), Shaafi (new)= 3 handfuls , each will be used for both, nose and mouth.

– Preferred view of Ahnaf, = 3 separate handfuls for nose and 3 separate handfuls for the mouth.

– Proof of Ahnafs preferred view= Hadith of Shaqiq bin Salamah, he says: I witness Ali and Uthman (RA) making wudu with 3, 3 handfuls and they separated the gargling from washing the nose., and they said this is how they seen RA making Wudu.

– Second proof mentioned in Abu Dawood, the sahabi says : “And I saw him (SAW) separating between the gargling and washing of the nose.”
– Hadith mentioned in this baab outwardly seems to be the proof for the shaafis however, this hadith is for jawaaz, as shown in the first line, its for preference.

Baab 23

Making Khilal of the beard.

  • If beard is thin, then its waajib to wash part of the beard which covers the face where it’s supposed to be washed.

  • If the beard is thin, and the skin of the face can be seen, then its necessary for the water to reach the skin.

Baab 24,25, 26

Masah of the head begins from the front to the back of the head.

  • Rubaiyi’ Bin Muawadh has two narrations
    a) RA started masah from the middle of the head then went to the front of the head then to the back of the head,

  • Jummur says = Masah should be made towards the front first then towards the back.

  • Ahnaf make masah in the opposite way. RA did it both ways to show jawaaz

  • There are narrations which mention that RA made masah twice however this refers to the two movements of masah.

  • To make masah once or thrice without taking new water in orde to cool down is makruh according to Ahnaf.

  • The fatwa of the shaafi is that masah is made thrice. We object to this because if its done thrice, then it becomes ghasl and not masah.

  • The hadith of Uthman RA in abu Dawood regarding wudhu where RA made masah thrice has only one tariq and the other narrations has no mention of this.

  • The narration of Uthman RA is either Shaadh or we say that the first masah that RA made was fardh and the second masaah was done to cool down or done as a nafl.

Baab 27

Taking new water for Masah

  • Jumme are of the view that new water should be taken for masah.

  • According for ahnaf, there is no “need” to take new water for masah.however its sunnah to do so.

  • There are 2 hadith brought into this baab
    a)says new water should be taken
    b) Makes no mention of new water being taken.

  • First hadith is a practical/demonstrative hadith

  • Second hadith can be our dalil , however the first hadith is not against us. It only established that its sunnah.

  • Second hadith is in our support.

  • According to us, the water becomes used once it separates from the body , Shaafi says it becomes used once it touches the body.

  • Imam Tirmizi says that both narrations are contradictory, so we will give preference to the first hadith because the second hadith has a weak narrator in its sanad.

  • Our dalil is hadith in Abu Dawood by RA made masah on his head with the excess water which was on his hand.

Baab 28

Making Masah in the inside and outside of the ears.

Dawood Az Zahiri, Zuhri and others say that the front part of the ear is actually part of the face, therefore the front part of the ears should be washed and not just made masah first.

  • We respond by saying that the ear is one limb, so if you are washing it, was the whole ears, and if it’s masah , then make masah of the ears.

According to Jumhur, the face should be washed from the forehead to below the chin and from one “ear lobe” to the other.

Hasan bin Salih and Shu’bah are of the view that its waajib to wash the front of the ears when washing the face and to make masah to the back part for the ear.

Different parts of the hand is used to make masah of the head and different parts are used to make masah of the ears.

Baab 29

Ears are part of the head.

  • Shaafi knew water should be taken to make masha of the ears.

  • Dalil is hadith in Tabrani, where RA tok new water for masah.

  • Our response is that Umar bin Abaan is in the sanad,

  • Zahabi and Ibn hajar say that he’s unknown, therefore the hadith is weak,

  • However Ibn Hibban says that he’s reliable.

  • This hadith actually means that if the hands aren’t moist or wet enough to make masah of the ears, then new water can be taken

Ears are part of the head, therefore no new water should be taken

  • Imam nasai mentions a hadith in our favour.

  • Imam ZaiLa’i says there are 8 versions of this hadith.

  • Shaafis object by a ruling can’t be derived from this hadith because all RA said was that ears are part of the head.

  • We answer by saying that the contract should be looked at and what was mentioned before when RA mentioned about masaah

  • RA never came to tell us things which were obvious

Baab 30

Kilaal of the fingers.

  • According to Abu Hanifa and Ahmad, its masnoon

  • Shaafi and Maalik = Mustahab

  • Ahmed= Khila of toes is sunnah muakkadah

  • Imam malik was asked about kilal of the toes and he said it’s not something waajis.

  • Then ppl left and the crowd dispersed, te person who asked said that its sunnah and gave the hadith of Mustaurid saying “ i saw Rasulullah(SAW) rubbing with his pinky finger between his toes.

  • Imaam maalik then said that this hadith is hasan.

  • Khilal of the fingers is by way of tashbeeq. Run one hand over another

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