Fiqh

11.0 CHAPTER: REMOVAL OF IMPURITIES

“Removal of impurities”: After having explained the rules of purification from impurities (hadath), the author shifts our attention to ways of cleansing our­selves of filth (najasah).

Najasah is of three types:

The first type: Spiritual najasah. This is the impurity of shirk (associating part­ners with Allah).( See Majmu al-Fatawa (21/67). ) Allah(swt) says: {Verily the mushrikin are unclean.}( Al-Tawbah: 28 )One must pronounce the shahadah saying, “La ilaha illallah wa anna Muhammadan rasululldh” to remove this impurity.

The polytheists and those who disbelieve shall not be free of shirk and disbelief until they accept the oneness of Allah (tawhid) and profess Islam. Until then they are unclean spiritually so long as they disbelieve. Their bodies are pure and their perspiration is pure. Their touch and what they produce are all clean and pure. The physical bodies o f all men and women are pure.

The second type: Inherent najasah.(See al-Iqna(. 1/89).) This type of najasah can never be removed. Examples would be a dog or a pig, these were created impure.

The third type: Effective najasah.(Ibid.) This refers to impurities staining a clean place. This type of najasah can be removed with water. These can be classified into four kinds:

1. Deep najasah. The impurity caused by the dog and pig. It must be washed seven times, one of which using earth. More elaboration will follow later on.

2. Weak najasah. It is sufficient for a person to sprinkle the impurity with water and this will be explained soon. This is the impurity caused by a baby boy who has not started on solid foods. Another example would be pre-seminal fluid.

3. Najasah that is between deep and simple: This refers to all of the rest of the impurities such as the najasah o f urine, excretion and blood.

4. The pardoned najasah. For example, specks of blood and traces of impuri­ties upon the body after performing istijmar (cleansing with stones).

This is an overview of the categories of najasah. They will be delved into deeply in this chapter.

All impurities can be removed through washing. Any impurity upon the ground can be removed if washed once provided that traces of it disappear thereafter.

The impurities are of two types:

The first type: That which is intrinsic to the surface of the earth or connected to it, like basins reinforced into the ground and small pools of water.

“Any impurity upon the ground can be removed if washed once provided that traces o f it disappear thereafter”: Impurities found upon or connected to earthen ground and other similar surfaces can be removed by pouring over a generous amount of water. It was observed that when a Bedouin urinated in the masjid, the Prophet(pbuh) forbade his Companions from disturbing the Bedouin until he had finished urinating. He(pbuh) then ordered that a pitcher of water be poured over the area where the ground was stained. He then advised the Bedouin saying: {Verily this masjid was not built for this purpose [of urinating]. It was built for the remembrance of Allah and prayers.}( Reported by al-Bukhari (1/65) and Muslim (1/163) from the narration of Anas. ) Not only did the Prophet(pbuh) teach the Bedouin in a gentle and kind way, he had the stains removed and forbade his Companions from harming the ignorant.

The second type: Impurities that are not intrinsic to the surface. Examples include impurities staining the clothes, body and utensils. More details per­taining to cleansing these shall follow.

And on others: they are washed seven times, one of which is with dust if the impurity is due to the dog or pig. The ushnan plant and its like can be used as an alternative for dust.

“And on others: they are washed seven times, one of which is with dust if the impurity is due to the dog or pig”: If the najasah is on other than the earth and if it is a deep najasah such as the najasah of the dog or pig, it is cleansed by washing it seven times. One of the seven should be with dust. It is better to wash the first time with dust as the Prophet(pbuh) said, “If a dog licks the utensil belonging to one of you, wash it seven times, the first one with dust,” in anoth­er narration, “One of them using dust,” in yet another hadith, “The last time using dust,” and in another narration, “Cover it the eighth time with dust.”( Reported by al-Bukhari (1/54) and Muslim (1/161) from the narration of Abu Hurairah that the Prophet(pbuh) said, “If a dog drinks from one o f your utensils, let him wash it seven times.” Muslim reported (1/162) the hadith marfu of Abu Hurairah that he said, “The utensil of one of you is pure if a dog licks it as long as it is washed seven times, the first time w ith dust.” Ishaq ibn Rahaway in his M usnad (1/121) and al-Nasai in al-Kubra (69) from the marfu narration of Abu Hurairah that the Prophet said, “If a dog licks one of your utensils, let him wash it seven times, one of it in dust.” Al-Tirmidhi(91) reported the narration of Abu Hurairah, “If a dog licks one of your utensils, let him wash it seven times, the first or the last one using dust.” Muslim reported (1/162) from the marfu narration of Abdullah ibn Mughafal that the Prophet said, “If a dog licks one of your utensils, let him wash it seven times and cover it with dust on the eighth time.” )

If dust is applied the first time, last time or one of the middle rounds of clean­ing, it is permissible. However, it is best if it is used on the first round as the narration that mentions it is most authentic. Two cleansing agents i.e. water and dust are combined to remove the deep najasah.

“The ushnan plant and its like can be used as an alternative for dust”: Ushnan is a plant used as a cleansing agent after it is crushed. It is better than soap made of lote-tree leaves or marshmallow (the plant called Althaea Officinalis) and their derivatives.

The correct view is nothing( It is mentioned in al-Insaf, “It is correct according to the madhab (Hanbali) that the use of dust is a condition without doubt to cleanse the impurities of the dog and the pig.” (1/310) ) can replace dust as it has cleansing properties not found in other substances. It is second only to water as a cleansing agent.

And the najasah other than these two: wash it seven times without dust.

“And the najasah other than these two: wash it seven times without dust”: This is the moderate type o f najasah which includes urine, excretion and blood. It is sufficient that one washes it away until all traces disappear. The madhab of Imam Ahmed ibn Hanbal states that it must be washed seven times( See al-Muqni’ (1/82). ) as mentioned here. However, there is no evidence for this except the saying of Ibn ‘Umar “We were commanded to wash najasah seven times.”( Ibn Qudamah relates this in his book al-Mughni’ (1/75). )

The claim is that if a companion o f the Prophet said, “We were commanded”, it assumes the status of marfu( Editor’s note: Marfu refers to a narration raised to the Prophet(pbuh). See A Commentary on the Poem al-Baqyuniyyah by Shaykh ibn al-Uthaymin (Dar al-Arqam, 2016). ) indicating that the Prophet(pbuh) did indeed command that. However, these words are not proven to be from Ibn ‘Umar. It would be held as a marfu narration if it really was Ibn Umar’s speech [and would thus be considered to be an order from the Prophet sfe]. However, the correct opinion is that najasah is washed until it is removed without leaving any traces of colour, smell or taste. It is not restricted to a certain number of washings.( It is mentioned in al-Insaf that Ibn Qudamah and Shaykh Taqi al-D ln chose this view (1/313). ) The Prophet(pbuh) was asked about the menstrual blood staining a shirt. He replied, “Scratch at the stain and rub it with water and then wash it with water again. “ ( Reported by al-Bukhari (1/66) and Muslim (1/166) from the narration of Asma bint Abi Bakr. ) Washing it seven times was not specified. In fact the command was to remove the najasah. This was the objective no matter how many times it was washed and this is the correct view.

The stained area will not be purified by drying in the sun, by blowing it or rubbing it.

Najasah is only removed by water for Allah iSfe has made water pure. He says: {… And sent down upon you water from the clouds [so] that He might thereby purify you.}( Al-Anfal: 11 )And: [And We send down pure water from the clouds.}( Al-Furqan : 48 ) It

was elaborated upon earlier that impurity cannot be lifted and najasah that stains a clean surface cannot be removed except with water.

Hence it will not be removed by drying in the sun even if the stain seems to have disappeared after it dries.

Similarly, if one was to blow the stain and all traces are removed, this is not sufficient.

Rubbing the najasah until it is removed is likewise unacceptable. For example, if a shoe or khuff is stained with najasah, one cannot simply rub it upon the ground and assume it is clean again. This is the view o f some scholars( See al-Mustaw’ab (1/92). ) while

others dispute it. The other view is that the stained area is considered clean if all traces of najasah are successfully removed( A view chosen by al-Majd in his commentary and the author of al-Hawi al-Kabir and al-fa’id. Shaykh Taqi al-Din and others also prefer this view. See al-Insaf( 1/317). )by any means, be it with water, wind, sun or by rubbing. The primary objective is to remove the najasah. When the najasah is removed one way or the other, the stained area becomes clean, that is, it returns to its original state of purity.

The Prophet(pbuh) was asked about the cleanliness o f the hem of clothes (worn by women) which were dragged upon the ground. He replied: “That (i.e. the ground) which follows it cleanses it.”( Reported by A hm ad (6/290), A bu D awud (383), al-Tirmidhi (143) and Ibn Majah (531) that a woman asked Umm  Salamah, the wife of the Prophet, “Verily I wear clothes with the him so long that it drags on the ground when I go to relief myself.” Umm Salamah replied, the Prophet(pbuh) said, “The ground which follows it cleanses it.” ) The Prophet explained that if the hem of the clothes were to come into contact with najasah at one point, the clean ground that the person covers along the way will cleanse the najasah that is on the hem of the clothes. This is evidence that najasah can be removed without water, it can be removed by drying it in the sun, letting it be blown by the wind and passing it through clean ground or by rubbing it.

And there is no transformation except for al-khamr.

“And there is no transformation”: Transformation here refers to an alteration of the properties of an object. For example, if najasah is thrown into fire and it gives off smoke, changing into ash. This ash is considered najasah too given the fact that the origin of it was najasah. Another view is that transformation (istihala) of the properties affects purity in a manner where a najasah can become pure. (This is the madhab of Abu Hanifah. Shaykh al-lslam ibn Taymiyyah chose this view. See Majmu al-Fatawa (21/479).) If transformed into ash, a najasah becomes pure. Another example would be a najasah being mixed with fertilizer or nutrients for the tree which then transforms into fruits or vegetables. These fruits and vegetables are all pure and can be eaten.

“Except for al-khamr”: Khamr is any intoxicant. All intoxicants are najis as Al­lah(swt) says: {O you who believe! Intoxicants and games of chance and [sac­rificing to] stones set up and [dividing by] arrows are only an uncleanness, the Shaytan’s work; shun it therefore that you may be successful.}( Al-Ma’idah: 90 ) Allah terms intoxicants as “rijz” which means impurity or uncleanness. He also says, “Shun it”, ordering us to steer far away from intoxicants. This is yet another proof that it is najis. If however it loses its strength and intoxicating effect and becomes vinegar once again then it is pure. This is if the transformation was unaided.

If intoxicants are left to ferment and if liquid clarified butter becomes mixed with najasah, it is contaminated. If an area stained by najasah is hidden from view, then it must be washed until one can assume that it has been removed.

“If intoxicants are left to ferment”: I.e. if it ferments until it becomes vinegar, it does not become tahir (clean).according to the correct view.( See al-Insaf ( 1/318-319). ) The fermenting process is lengthy which means that intoxicants are kept in one’s possession for the whole period. This is unbecoming. One should dispose o f it immediately without delay. The Prophet(pbuh) was asked about the permissibility of fermenting intoxicants to produce vinegar to which he replied, “No”( Reported by Muslim (6/89), Ahmad (3/119, 180), Abu Dawud (3675) and al-Tirmidhi (1294) from the narration o f Anas ibn Malik. ) and ordered that it be disposed of.

“If liquid clarified butter becomes mixed with najasah, it is contaminated”: Clarified butter can be either solid or liquid. The former absorbs najasah where it is stained, thus containing it in that spot only. The rest of it is not contaminated and can be used. However, the liquid type, when mixed with najasah, becomes wholly contaminated. Therefore it should be poured away as najasah. The Prophet(pbuh) said, “If a rat were to fall into clarified butter which is solid, then throw away that portion and what is around it and use the remainder. If it fell into liquid clarified butter, then do not use it at all.”( Reported by Ahmad (2/232) and Abu Dawud (3842) from the hadith of Abu Hurairah. ) Therefore the scholars distinguish between solid and liquid clarified butter with regards to its usage based upon this hadith. However it is said that the last part of the hadith, “If it fell into liquid clarified butter, then do not use it at all,” is not proven correct.( Ibn al-Qayyim said in al-Tahdhib al-Sunan (5/336 and 337), “The hadith about the rat falling into clarified butter is disputed by the scholars regarding its chain of narrators and the hadith itself.”) The earlier part o f the hadith is authentic. His saying, “Then throw away that portion and what is around it,” encompasses both the solid and liquid state. If a rat or najasah falls into either liquid or solid clarified butter, it along with the surrounding portions should be removed. This is the correct view.

“If an area stained by najasah is hidden from view”: I.e. if a person is sure that there is najasah on his clothes for example but cannot pinpoint the location. In this situation he must wash the clothes in the area he assumes the najasah could be located until he is certain it has been removed. This is also the case for stained carpets. As for najasah on the ground, it depends whether it is a contained spot or a vast area. The former is dealt with in a similar manner to stained clothes. The vast area should be examined for a clean spot and prayers can be done anywhere not stained by the najasah.

The urine of a male infant who has not begun consuming solid food is cleansed by sprinkling water upon the stain.

“The urine of a male infant who has not begun consuming solid food is cleansed by sprinkling water upon the stain”: This is one of the types of najasah that was mentioned earlier: the weak najasah. The urine o f the male un-weaned infant is cleansed simply by sprinkling water upon the stain. No further action is required. The Prophet(pbuh) said, “Wash the urine stains of a female infant and sprinkle water upon the urine stains of a male infant.”( Reported by Abu Dawud (376), Ibn M ajah (526), al-Nasa’i (1/158) and al-Daraqutni (1/130) from the narration of Abu Samh. )A male infant urinat­ed upon the clothes of the Prophet(pbuh) and so he requested a pot of water to be brought to him. He then poured water over the stains.( Reported by al-Bukhari (1/65 to 66), Muslim (1/164) from the narration of Aishah. This hadith is corroborated by another report narrated by Ali. Reported by Ahmad (1/76, 97) and Abu Dawud (378), al-Tirmidhi (610) with the words, “Urine of the male infant is sprinkled upon and the urine of the female infant is washed.” )

As for the male child who has settled on solid food, his urine is washed similar to how an adult’s is washed, as we have described previously. However as for females, the child’s urine before she settles on solid food is washed just like that o f the adult female. We do not know why this is and Allah knows best.

However some scholars explain that the wisdom behind this disparity is that male infants are shown outward affection and cradled more often, they also soil themselves more often. Since it would be difficult for people to wash their clothes completely each time they are stained by urine, the rules were relaxed to ease this burden. They are obliged only to sprinkle water upon the stains. Difficulty merits a concession as is evident here. The female infant does not share the same popularity so this concession is not given.( See Fath al-Bari by al-Hafiz ibn Hajr (1/391). )

Some other scholars interpret the disparity as being linked to the creation of Adam. Since he is of the same gender and being created from sand which is inherently pure, the male infant’s urine is milder than that of the female. As Hawa was created from flesh and blood, there arises a difference in cleansing the urine of the two infants and Allah knows best. Imam al-Shafi’i said, “I have not come across a disparity [pertaining to their creation] in the Sunnah.”( See al-Majmu Sharh al-Muhadhib by Imam al-Nawawi (2/590). )

Small amounts of blood staining things other than liquids or food are par­doned provided that the blood is from a pure animal.

“Small amounts of blood staining things other than liquids or food are par­doned”: This is the fourth type of effective najasah, i.e. that which is pardoned. This sub-divides into two types:

The first sub-type: Small amounts o f blood from pure animals like man and cattle. This is not considered a najasah except if it stains a liquid or foodstuff. Any other kind o f najasah, such as excretion or urine are not pardoned. They are always impure.

“Small amounts of blood”: Traces o f blood found in meat after being slaugh­tered according to the Islamic rites are not considered as najasah. It is allowed to eat the meat along with the blood traces. If these traces stain the clothes, it is not considered an impurity.

“From a pure animal”: If blood comes from an animal that is inherently impure like a dog, pig or donkey, it cannot be pardoned and so remains a najasah in all situations.

And the traces of impurity found near the source after cleansing with stones (istijmar). Mankind does not become najis upon death.

The second sub-type: “And the traces o f impurity found near the source”: The area stained after istijmar cannot be completely cleaned except with water. These traces of impurity are pardoned and need not be washed.( See al-Ikhtiyarat al-Fiqhiyyah (p. 9). ) If not for this concessionary rule, istijmar would have become redundant.

“Near the source”: I.e. around the point where impurities exit the body. The anus and the tip of the privates are the only areas that this concession can be used. If stains are found far from these two places e.g. on the thighs, then they are not pardoned.

“Mankind does not become najis upon death”: Both Muslims and non-Mus­lims do not become najis upon death. The corpse of man is pure since his body was pure while alive. Allah says: {And surely We have honoured the children of Adam.}( al-Isra: 70 ) The Prophet(pbuh) asked Abu Hurairah, who was late to meet him, “What delayed you?” He replied, ‘ I was in the state of janabah!’The Prophet(pbuh) replied, “Verily the believer is never impure.”( Reported by al-Bukhari (1/79) and Muslim (1/194) from the narration of Abu Hurairah. ) This proves that mankind is pure; whilst living as well as upon death. The bathing of the corpse is symbolic and an Islamic rite. It is not an act of purification or cleansing.

Bloodless insects are pure.

“Bloodless insects are pure”: If these insects die in the water, the water remains unaffected and it maintains its purity. Examples would be dung beetles and spiders. The Prophet(pbuh)said, “If a fly falls into your drink, dip the fly into it completely and throw the fly away.”( Reported by al-Bukhari (4/158) (7/181), Ahmad (2/398) and Abu Dawud (3844) and Ibn Majah (3505) from the narration of Abu Hurairah. ) He(pbuh) ordered that the fly be dipped into the drink. He was referring to a hot drink. It is well-known that a fly dies once it falls into a hot drink, hence he said, “Throw the fly away.” However, the Prophet ordered us to consume the drink even after dipping the fly. This is evidence that a bloodless insect does not cause water to become impure if it dies in it. This is on the condition that the insect is naturally pure. Exempt from this category are insects that are found in filthy places like lavatory cockroaches.

As for insects or animals that bleed which die in water, the water’s purity is affected and it is classified as najasah. This is because the body in this case falls under the category of carcasses. According to the scholars of fiqh, carcasses contaminate a body of water, making it najasah.

The urine of the animal whose meat is permissible for consumption, its dung, reproductive fluid and man’s sperm.

“The urine o f the animal whose meat is permissible for consumption, its dung”: For example the camel, cow, sheep and wild game whose meat is eaten. The urine and dung of these animals is tahir. If these stain someone’s clothes, it does not make it impure. The Prophet(pbuh) ordered those suffering from fever to drink the milk and urine of camels that were given in charity as these were a cure for the ailment.( Reported by al-Bukhari (1/67) (2/160) and Muslim (5/101) from the narration of Anas ibn Malik . ) This is proof that the urine of the camel is pure. Indeed the Prophet(pbuh) would not command that we drink something that is impure.

We also know that the Prophet prayed in the pen where sheep were kept.( Reported by al-Bukhari (1/68, 117) and Muslim (2/65) from the narration of Anas ibn Malik saying, “The Prophet used to pray in the sheep pen before the masjid was built.” ) It is common knowledge that the pen would be stained with sheep urine and dung. This is yet another evidence that the urine and dung of these animals that we eat are not najis. Similarly, the reproductive fluids from these animals are also pure.

“And man’s sperm”: The Prophet had clothes stained with his sperm and he used to scratch the dried remnants of it off of his clothes. He did not wash his clothes to rid them of sperm as displayed in the hadith narrated by Aishah and others that he(pbuh) used to pray in the clothes which were stained with his sperm. He did not wash it off. It is sufficient that one just scratch it off his clothes. Aishah said, “I used to scratch off the dried remnants of sperm from the clothes of the Messenger of Allah(pbuh) and he would pray wearing them .”( Reported by Muslim (1/164), Ahmad (6/125,132) and Abu Dawud (372). ) This is ample proof that man’s sperm is pure.

The wetness in the woman’s private parts, the food and drink that is leftover by a cat or animals smaller than it are pure. Wild predatory animals, birds and donkeys (mules included) are impure.

“The wetness in the woman’s private parts”: This is the lubrication that is pro­duced in the vaginal canal. This is not urine which is produced in the urethra.

“The food and drink that is leftover by a cat”: The cat is tahir as the Prophet(pbuh) said, “It is not impure. Verily the cat is from the animals that go around amongst you.” ( Reported by Ahmad (5/303), Abu Dawud (75), al-Tirmidhi (92), al-Nasai (1/55) and Ibn

Majah (367) from the narration of Abi Qatadah. ) When a cat eats some food or it licks at a drink, what is left of it is permissible for consumption by us. The wisdom is that it lessens the burden to man as cats are always encircling us and curious to taste whatever is in our pots and plates. Allah has made it halal for us to consume food even if the cat takes a bite from it. This is a concession that helps the people greatly.

“Or animals smaller than it are pure”: For example mice and hamsters are pure as the cat is the model for inference. This type of animal cannot be contained hence the concession applies to them as well. Exempt however are animals in their infancy which may appear to be the size of a cat. They are not similar for these animals will grow to their full size eventually.

“Wild predatory animals”: Such as wolves, tigers, lions, wild dogs and oth­er predatory animals, they are impure. However, if these animals drink from a river, lake or a water-hole, then the huge amount of water will neutralise the najasah of these animals sipping from it. The Prophet was asked about the water from a watering hole of wild animals to which he replied, “If [the quantity] of water is qullatayn, it shall not be contaminated by filth.”( Reported by Ahmad (2/12, 27), Abu Dawud (63), al-Tirmidhi (67), al-Nasai (1/46) and Ibn M ajah (517) from the narration of Abu Hurairah.) If the water surpasses the threshold after which it is deemed excessive water, it can neutralise any najasah unless its attributes are changed, as was discussed earlier in the book. The predatory birds that are referred to here are eagles, falcons and other such wild birds.

Also the tools used to hunt these animals are also najis as is their dung. This is because the meat o f these animals is not permissible for consumption. However the animals that they themselves hunt (i.e. their prey) are permissible for consumption by man despite the presence of saliva on the bodies of the prey. Allah(swt) says, {So eat o f that which they catch for you.} ( Al-Maidah: 4 )
“And donkey”: This is inherently a najasah. Whatever minimal water that re­mains after it has drunk from it is impure. Its urine and dung are likewise impure. This is the madhab of Ahmed.( See al-Insaf{ 1/342). )The Prophet(pbuh) said, “It is filth.”( Reported by al-Bukhari (5/167) (7/124) and Muslim (6/65) from the narration of Anas. ) And filth (Arabic: rijz) is najasah. Another view is that donkeys are not najis. This is the opinion of Shaykh TaqI al-Din and a group of scholars. ( Amongst them are al-Ajiri, Ibn Rizzin, Ibn Tamim and Ibn Qudamah. After having elab­orated upon this view, it is mentioned in al-Insaf “This is the most authentic and has stronger evidence.” (1/342) See Majmu al-Fatawa (21/520). )This is because the Muslims worldwide are still using the donkey; riding upon it and using it to carry their loads. Even as its urine and dung is abundantly present, we do not see the Muslims taking special precautions to avoid it or washing their clothes every time they are stained by it. The wild onager is distinct from the common donkey. The former is pure and its meat is permitted for con­sumption. The mule however is like the common donkey pertaining to rules of fiqh. The only distinguishing fact is that a mule is a hybrid between a horse and a donkey.

By Shaykh Salih ibn Fawzan al-Fawzan

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John Doe
23/3/2019

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John Doe
23/3/2019

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John Doe
23/3/2019

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