2.0 THE BOOK OF PURIFICATION
The author now begins writing the main body of the book.
“Kitab al-Taharah”: He begins with taharah because prayer is the second commandment of Islam and it is the pillar of Islam. The first commandment: al-shahadah (proclamation of Islam), is discussed in the books o f aqidah and tawhid. The rest of the commandments: prayer, zakat, fasting and Hajj and muamalat are found in the books of fiqh.
Since the first and foremost type o f worship is salah (prayer) and since purification is a pre-requisite for salah, the author begins the book with this chapter. Purification is achieved in either of two ways:
1. Water: if it is available and the person purifying himself is capable of using it.
2. Dry ablution (tayammum): when water is not available or if a person is incapable o f using it.
So he begins the book with the chapter on purification.
“Kitab”: Linguistically it means “gathering” i.e. a book is a compilation of words, chapters, sections and content.
“Tahdrah”: Linguistically it is to remove and cleanse impurities that are tangible and intangible. It has two categories. The first o f these is intangible purification. This is purifying oneself from associating partners with Allah {shirk), innovations {bidah) and cleansing oneself of sin {dhunub). Allah the Most High and Dignified says: {These are indeed men who want to be pure [from sins]!} The focus of this ayah is upon intangible impurities i.e. sin and transgression. Shirk is [considered to be] an impurity, Allah says: {Verily, the Mushrikun are najasun (impure).} This is cleansed by pure tawhid. The
second of these categories is tangible purification and it is attained by using a purifier to physically remove impurities.
It (i.e. taharah) is the lifting of impurity and anything resembling it and the removal of filth.
“It is the lifting o f impurity”: This is the technical definition i.e. “lifting of impurity”. Impurity is that which is on the body which nullifies prayer and impedes the touching and reading o f the Qur’an. The one who is in the state of impurity is not allowed to pray and if he insists, it is not valid. The Prophet(pbuh) said, “Allah does not accept the prayer of one who is impure until he makes ablution.”
“And anything resembling it”: Meaning anything that resembles the lifting of impurity. For example, the washing of hands when waking up in the morning though they were not dirty. However if a person wakes up in the morning and dips his hand into a bowl of water without first washing it, the bowl of water becomes impure. The Prophet(pbuh) warned against doing this. Similarly, the washing of a corpse resembles “the lifting of impurity” since death is not undone by washing the corpse.
“And the removal of filth”: “Filth” refers to impurity {najasah).
Purification can be divided into two categories:
1. The lifting o f impurities and that which resembles it.
2. The removal of filth i.e. impurities blemishing a clean place. It is also called “al-najasah al-hukmiyah”.
We have stated that impurities can be tangible or intangible. The former can be grouped into:
1. Najasah aynayyah (i.e. inherent impurity): that which cannot be removed like the impurity of dogs and pigs.
2. Al-najasah al-hukmiyah: where impurities blemish a clean place. An example would be a shirt soiled with urine or blood. This shirt has to be washed until the traces of urine or blood are removed.
Al-najasah al-hukmiyah can be removed from clothes, the body and the patch/spot. It can be removed from clothes for the Prophet(pbuh) ordered the menstruating woman to wash her dress if it was stained with blood. When the Prophet(pbuh) realised whilst praying that one o f his shoes had an impurity on it, he removed it. Removing it from the body is attested to by the fact that we make istinja (washing of private parts after using the toilet) and istijmar (scrubbing the private parts by using solids like stone or paper). Removing this type of impurity from spots or patches is evident from the actions o f the Prophet(pbuh). When a Bedouin urinated in the masjid, he(pbuh) asked for a container of water and he poured it over the soiled spot.
Water is of three types.
(See al-M uqni’ by Ibn Q udam ah (1/17).)
“Water is o f three types”: After having defined purification, the author revealed that it is of two types:
1. Purification from filth which is achieved through ablution (wudu) [and the mandatory bath (ghusl)]. Ablution removes minor filth and the mandatory bath removes the major filth.
2. Purification from filth on the clothes, body and from the spot.
The author emphasises that the medium for both types of purification is water. Allah the Most High and Dignified says: {We send down pure water from the sky} (Al-Furqan: 48) and {He caused water to descend on you from the sky, to clean you thereby.} (Al-Anfal: 11) The wisdom of bringing forth water from the sky is for purification and the removal o f filth. It is not permitted to make ablution with any liquid other than water. If a person was to make ablution with fruit juice or petrol, the ablution is not accepted for Allah has given us just one element for purification. It is water and water alone. Similarly, if a person made ablution using nabidh (a sweet, wine like concoction o f water and fruits)(al-M utla’ {p. 38) and al-Dar al-Naqi (2/76)) it is not accepted either. This is the view of the majority o f scholars as the principle states that nothing else should be used when water is readily available. Water is o f three types: (i) pure water (tahur), (ii) clean water (tahir) and (iii) filthy water (najis). Tahur is water that is clean and cleanses another. Tahir is water that is clean but which does not cleanse another. Najis is water that is not permitted to be used for cleaning and purification.
It is pure. Nothing removes impurities and filthy stains except it. It remains pristine in its state.
This is an elaboration of the types of water:
“It is pure”: Tahur water is pure and cleanses another.
“Nothing removes impurities and filthy stains except it”: Referring to water. As we saw in the ayat earlier, Allah sent it down for purification. No filth or impurity is removed except by this type of water; that is tahur water. The definition o f tahur water is, “It remains pristine in its state,” i.e. the state in which Allah created it, sweet or bitter, hot or cold, descended from the sky, pouring forth from the Earth’s crevices or from melting ice.
Tahur water is of seven types:
1. It is clean and its usage is not disliked while it is in its pristine state.
2. Tahur water is not encouraged for use; that is water mixed with soluble or insoluble foreign matter, for example camphor or grease that changes the attributes o f pure water.
3. Water clean for women but not men.
4. Water heated together with impurities.
5. Zamzam water that cleanses impurities (najasah) but not filth (hadath).
6. Water that is used for recommended cleaning.
The above types of water shall be discussed in detail in this book.
7. Water contaminated by impurities where removing them from the water is difficult.
If it changed because of an insoluble matter like a piece of camphor, grease or sea salt.
“If it changed because of an insoluble matter like a piece of camphor, grease”: That is, the foreign matter does not dissolve into the pure water but instead floats on the top like grease, oil or camphor.
“Or salt water”: Salt is o f two types: sea salt and mineral salt
1. Sea salt is derived from salt marshes which are created as sea waves deposit salt crystals. Since its origin is water, sea salt does not contaminate pure water.
2. Mineral salt is extracted from the earth’s crust. Water mixed with this type of salt is discouraged for use. Water mixed with mineral salt loses its pristine state.
Or if heated up with impurities, this is disliked and if it changes due to stagnation or if preventing it from these elements of change is difficult. Like the mixing of grass or fallen leaves, or by being near a corpse, or heated by the sun or by clean things, then that is not disliked.
“Or if heated up with impurities, this is disliked”: If it is heated up along with impurities, then its use is disliked. This is because some impurities evaporate with the water and this contaminates the water.
“And if it changes due to stagnation”: If it changed due to prolonged stagnation so much that it has a smell, for example an abandoned well, then the use of this water is not disliked for the reason o f the change was only stagnation.
“Or if preventing it from these elements of change is difficult”: I.e. if it changes due to elements that cannot be prevented. For example water in the farm will definitely be affected by trees and leaves or moss that grows in the water. The smell of water inevitably changes. The use of such water is not disliked for these changes cannot be prevented.
“Or by being near a corpse”: If the smell o f the water changes as a result of a corpse being near the water, then its use is not disliked for these factors of change cannot be averted from the body o f water.
“Or heated by the sun or by clean things, then that is not disliked”: I.e. if it changes from cold to hot water due to direct sunlight or due to being heated up by a clean fuel. (By wood, heating with gas or electricity etc.)
If it is used for recommended cleansing like renewing the ablution or bathing for Friday prayers or the second or third bath, then it is disliked.
“If it is used for recommended cleansing”: As mentioned earlier, this is the seventh type of pure water o f which the use is disliked. However some do view it as unsuitable for purification. There is no doubt in the fact that something makruh (disliked) can lose the status of disliked if there is a need for it.
The Hanbali madhab states that if water is used for mandatory cleansing and filth is removed, it is not acceptable to use the water again.
“Like renewing ablution”: What is referred to here is praying with ablution. If you wish to pray again, it is recommended that you renew your ablution as the first ablution was spent in worship.
“Or bathing for Friday prayers”: It is disliked to reuse the water used for the Friday prayer for purification because it was spent in worship.
If it reaches qullatayn, which is approximately equivalent to five hundred ratl Iraqi, it is in excess. If impurities excluding human urine or faeces were to mix with this excess water and it didn’t affect it and if urine or faeces mix with it and it is difficult to drain it like water in masani’ (that flows on the route to Makkah) the water is pure.
“If it reaches qullatayn, which is approximately equivalent to five hundred rati Iraqi, it is in excess. If impurities excluding human urine or faeces were to mix with this excess water and it didn’t affect it”: If water is kathir (excess), i.e. it exceeds two qulah (definition will be discussed shortly), and an impurity falls into it, if the colour, taste and smell remain unchanged, then the water is still pure.This is because the impurity did not have any effect on the water as it was surpassed by the sheer volume of water and was neutralised.
The exception is if the impurity was urine of human origin or human faecal matter. Both of these affect the purity of water even if it is in excess. Therefore the Prophet M forbade Muslims from relieving themselves in still water and consequently from using that water for purification.(Reported by al-Bukhari (1/68) and Muslim (1/162))
“And if urine or faeces mix with it and it is difficult to drain it”: If contaminated water cannot be drained of the waste matter, then the purity of the water is maintained due to the difficulty of draining the contaminants.
“Like water in masani”: Al-masani’ is a pit that is dug out to keep fluid in it for the purpose of quenching the thirst of pilgrims who come for Hajj and ‘Umrah.The pit is lined with clay and stones. If an impurity was to fall into it, the water is unaffected and remains pure. This is because it is similar to the watering holes found in the wild. The animals may relieve themselves in the water yet our Prophet(pbuh) did not tell us to refrain drinking from it. When questioned about the watering hole in the wild from which animals drink, he(pbuh) replied, “For it is the share of what its stomach can hold and for us is the rest.”(Reported by al-D araqutni in al-Sunan (1/31) from the narration of Abu Hurairah.) He also said, “If water reaches a quantity of two qulah, it is not contaminated.”(Reported by Ahmad (2/12,27), Abu Dawud (63), al-Tirm idhl (67), al-Nasal (1/46) and Ibn Majah (517) from the narration of Abu Hurairah.)
And tahur water not in excess does not remove the impurity of a man if a woman used it to cleanse herself from filth.
“And tahur water not in excess does not remove the impurity of a man if a woman used it to cleanse herself from filth”: This water is pure for women but not for men; that is water used by a woman to cleanse herself completely from filth. The Prophet(pbuh) forbade a man from using the water used by a woman to cleanse herself(Reported by Ahmad (4/213), A bu Dawud (82) and al-Tirmidhi (64) from the narration of
al-Hakim ibn Amr al-Ghaffarl.). This is one view.(See al-Insaf by al-Mardawi (1/47-48).) There is another view(Ibid) that this water is pure for both the male and female and that water used by the woman does not affect the purity o f the water. The evidence is that one of the wives of the Prophet(pbuh) bathed from a bathing trough. Then the Prophet(pbuh) came to take a bath after her. She said, “Indeed I bathed with this water because of greater impurity {janabah).” He replied, “Verily water does not turn impure.”(Reported by Ahmad (1/235, 237), A bu Dawud (68), al-Tirmidhi (65), al-Nasai (1/173)and Ibn M ajah (370) from the narration ‘A bdullah ibn ‘Abbas and Ahmad (6/129) from the narration of ‘A ishah.) Perhaps this hadith is abrogated by the former hadith or the former hadith signifies dislike. However, the latter hadith points to permissibility.(This is the preferred view o f Ibn Taymiyyah as mentioned in al-Ikhtiyarat al-Fiqhiyah li ibn Taymiyyah by Ba’li (p. 3).)
If the colour, taste and smell changes due to cooking it or a foreign object falling into it or if it was used to remove filth.
The fourth type of tahur is called “al-maghsub” i.e. stolen water. It is pure water but it is not permissible for men or women. It is not to be used for purification by either gender. This is because it is someone else’s property. The Prophet(pbuh) said: “No property of a Muslim is permissible to others except that which is given in good will.”(Reported by Ahmad (5/73), al-Daraqutni in al-Sunan (3/26) from the narration o f Abu Hirah al-Riqashl from his uncle.) This stolen water is pure but it is forbidden for use by others.
“If the colour, taste and smell changes due to cooking it or a foreign object falling into it”: We have moved to the second type of water; that is tahir (clean water that does not purify another). It is water where a clean foreign element is put in it on purpose for example placing a tree into it. It changes from being pure water to water that is clean in essence. It however cannot cleanse. An example o f this would be water cooked with something that is clean. The attributes of the water change, hence becoming tahir. When something filthy is put into it, the water becomes impure.
“Or if it was used to remove filth”: If a man makes ablution or takes a bath to cleanse himself from greater impurity, water droplets that flow from his body are clean but cannot be used for cleaning. The water should not be re-used for it has already served the purpose of removing filth.
Or in which a person dipped his hands after waking up in the morning from a deep sleep that nullifies ablution or if it was [used for] the final wash that completely removed impurities, then it is tahir.
“A person dipped his hands after waking up in the morning from a deep sleep that nullifies ablution”: I.e. [they were dipped into the bowl] before the individual washed them. The Prophet(pbuh) said, “If one o f you wakes up from his sleep, do not dip your hands into the bowl [of water] until you wash your hands three times for verily you do not know where your hands were [during sleep].”(Reported by al-Bukhari (1/52) and Muslim, worded differently (1/160) from the narration of Abu Hurairah.)
If a person contradicts the instruction in this hadith and dips his hands before washing, the water loses its property to cleanse. That is if the container is small. However water in a large container or a pool o f water is not affected by this action as it is excessive water. Similarly, water remains pure if unwashed hands are dipped after a siesta or a short nap at night that does not nullify ablution.
“Or it was the final wash that completely removed impurities, then it is tahir”: This is the type of washing which does not leave any trace o f impurity (najasah). As for the type of washing which does not completely remove impurities from the place washed, the container of water becomes impure. This is because the water came into contact with an impure surface and flowed off of it.
Tahir water is of three types:
1. That which is altered as a result of being cooked.
2. That which is altered as a result of putting a clean object into it.
3. The final wash that removes impurity from a stained area.
And al-najas is: water that was altered with impurities, water when less in quantity [i.e. less than qullatayn] that changes due to contact with impurity and that which has separated from a stained area before the impurity was removed.
“And al-najas is”: Water that has an altered colour, taste or smell as a result of an impurity falling into it. It is a consensus o f all scholars(See al-Ijtna by Ibn al-M undhir (p. 33)) that this will render water impure regardless if the impurity drops into a large or small quantity of water. The Prophet said, “Verily water is pure, nothing can make it impure except that which alters its colour, taste or smell.”(Reported by Ibn M ajah (521) from the narration o f Abu U m am ah al-Bahill.) In another narration he said,“[…] By impurities that make it filthy.”(Reported by al-Bayhaql in al-Sunan al-Kubra (1/259-260).)
Though this hadith is disputed, the scholars collectively agree on its content. Hence we conclude that water is of three types, pure, clean and impure. This is the conclusion in the madhab(See al-Muqni’ by Ibn Q udam ah (1/17).). However the correct opinion is that water is of only two types: pure and impure(Preferred view o f Shaykh al-Islam ibn Taymiyyah as stated in M ajmu al-Fatawa by Ibn Qasim (19/236)). Tahir water that has been mentioned is also included in the category of pure water so long as its properties are unchanged and it is still termed water. Tea, vinegar and wine are excluded.
[To summarise,] impure water (al-najas) is of three types:
1. That which is altered by impurity.
2. The small quantity which comes into contact with impurity.
3. That which departs from the stained area before impurity is totally removed.
“That which is altered by impurity”: This is universally agreed upon.
“The small quantity which comes into contact with impurity”: However its characteristics remain unchanged. There is ikhtilaf pertaining to its purity. The majority of scholars opine that it is pure as long as its characteristics remain unchanged. This is the correct opinion as the impurity is viewed as minute due to it having no impact upon the water’s colour, taste or smell.
If impure water is infused with a great amount of pure substance (besides sand and substances like it), or if the change brought about by impurities to excess water disappears by itself, or if it is drained [of impurities] and it appears [free of] change whilst maintaining the excess quantity, then this water is pure.
“If impure water is infused with a great amount of pure substance (besides sand and substances like it), or if the change brought about by impurities to excess water disappears by itself, or if it is drained [of impurities] and it appears [free of] change whilst maintaining the excess quantity, then this water is pure”: After having categorised water, the author discussed the issue of purifying impure water. It is done in three ways:
1. If a large quantity o f water is added to it, thereby making it excess in quantity. Since impurity is neutralised by sheer volume, the water is no longer considered to be of lesser quantity, rather it is an excess quantity where changes to it disappear and so it becomes pure.
2. The change brought about by impurities to excess quantity water disappears by itself. It is once again pure for there is no trace o f any change in the water. However, if the disappearance of these changes are brought about by treating the water (with chemicals etc.), it is still impure even though it appears like pure water. It is argued that the impure water, for example sewage, when treated is in fact pure. Scholars refute this citing that any reversal in changes to the water were brought about artificially by man. The change to the water did not disappear by itself so it is not pure. However, it can be used to water trees and flowers in the garden.
3. The third aspect: to drain the water away such that what remains is water in excess that is free o f change. Impure water drained o f its impurity becomes tahur.
“Besides sand and substances like it”: Or anything comprising o f sand e.g. stone, brick, earth and its derivatives or liquids. If any of these were added to excess water that is impure, it would not become pure as a result. This is because these substances cannot prevent impurity from themselves let alone prevent it from other substances.
If a person is doubtful about the purity of water or any other substance, he should gravitate towards that which he is confident in.
“If a person is doubtful about the purity o f water or any other substance, he should gravitate towards that which he is confident in”: This is based on the Islamic principle that yaqin does not depart due to doubt. As long as you are confident that something is clean, doubts arising about its impurity cannot render that thing impure. Similarly, if you are confident that a thing is impure, doubts that you might have that it could be pure will not render it pure. A person who knows for sure that he is in a state of wudu and thereafter has doubts, he remains in a clean state, his doubts withstanding. Whoever is sure that he is in an impure state, cannot become clean by merely having suspicions that he might be maintaining his wudhu.
If there is confusion [as to which of two containers] has pure or impure water, it should not be used. It is not binding on one to investigate. Neither is it a condition to pour it away or mix both of them, he can just proceed to perform tayammum. If clean water [in a container] is confused [with another container] of pure water, one should make wudu once by taking an alternate handful of water from each container. He is then allowed to only perform one prayer with it.
“If there is confusion [as to which o f two containers] has pure or impure water, it should not be used”: One may wonder how confusion can arise when impure water would have an [apparent] change in at least one o f its properties like the colour, smell or taste. To explain this we must focus on the quantity. Water less in quantity {qalil) is considered impure if najas falls into it, even if its properties do not change. Hence one can face difficulty distinguishing this type of water from pure water. Hence he cannot use it and tayammum is the next resort as he is now considered as having no water at all.
“It is not binding on one to investigate”: This action is not appropriate in this circumstance and it cannot neutralise the impurity of the water.
“To pour it away or mix both of it”: Mixing pure water with impure water only ensures the impurity of both containers. One should also not pour it away as it can be used for other means besides wudu or ghusl such as drinking etc.
“If clean water [in a container] is confused [with another container] of pure water”: In this case, one can use both containers having conviction that both are tahur.
“One should make wudhu once by taking an alternate handful of water from each container”: This is so that the intention is in tandem with the use of water.
If you cannot distinguish between a clean garment and a dirty or prohibited one, repeat the prayer in all the dirty garments and then add one more prayer.
“If you cannot distinguish between a clean garment and a dirty one”: If a clean garment and a dirty one cannot be differentiated, repeat your prayer in all garments such that you are convinced that one prayer was indeed done wearing the clean garment.(See al-Mughm (1/68).) For example if you have three clean garments and three dirty ones, perform the prayer four times; each time in a different garment so there is a sure probability that you prayed at least once in a clean one.
“Or [a] prohibited one”: [This refers to the scenario of] not being able to differentiate between a stolen garment and one that belongs to you.
The correct view(As agreed in the madhab of Abu Hanifah and al-Shafi’i. Ibn Taymiyyah preferred this view. See al-Insaf(1/77). is that in the first matter mentioned above, one should examine and pray in the garment that he is most confident of in terms of its cleanliness In the second matter, he should pray in the garment that he has most confidence in that it belongs to him and is not stolen.
By Shaykh Salih ibn Fawzan al-Fawzan
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