4.0 CHAPTER: ISTINJA
“Istinja”: It linguistically means cutting(It also means “to raise above ground” so as to sit on an elevated place. See al-Lisan (15/307).). Technically, it means to remove the traces of urine or faecal matter. These are impurities and can be removed either by water, which is called istinja, or by using stone, which is called istijmar, which we will explain shortly.
It is forbidden for one to leave the traces of urine and faecal matter on the private parts and then proceed to pray. He has to remove these traces by the two methods mentioned above. If he does pray in this impure state, then his prayer is null and void.
When entering the toilet, it is encouraged to say, “In the name of Allah, I seek refuge in Allah from the evil ones, male and female.”
Since excretion and urination is inevitable, one has to have a place to carry out the removal o f waste. He cannot do this anywhere he wishes like an animal. Allah has dignified man and made him seek a designated place for this. This dignity was bestowed to the son of Adam by Allah M . This place that we mentioned is of two types: open space or inside a structure. If one has to answer the call o f nature within a structure, it is encouraged that he read the following supplication before he enters the place, “Bismillahi a’udhu billahi min al-khubuth wa al-khabaith” (In the name of Allah, I seek refuge in Allah from the male and female evil one). This refuge is sought as the toilet is the abode of Shaytan. It befits him that he lives in a dirty place. Jinns too dwell
therein. If one enters without saying the supplication, he can be taunted by the shaytan. Indeed the supplication is a protection from his taunting. So seek your protection by supplicating to Allah the Most High and Dignified. Do not say [to begin the dua], “Bismillah al-Rahman al-Rahim” (i.e. “The Most Merciful, the Especially Merciful”). Just keep it to what is mentioned in the supplication performed by the Prophet S , “In the name of Allah (”Bismillah”), I seek refuge in Allah from the male and female evil one.”(Reported by al-Bukhari (1/48) and M uslim (1/195) from the narration of Anas ibn Malik.)
“Evil one”: It can be read as “khubuth” or “khubth”. Read either way the supplication refers to seeking refuge from male and female shaytan or from Shaytan and his family and minions.
And when leaving the toilet say, “I seek Your Forgiveness. All praise be to Allah who removed harm from me and gave me vitality.”
“Al-ghufran”: This is the concealment o f sins and forgiveness for it. A question one may ask is, “Was there a sin committed by entering the toilet such that you have to seek forgiveness? What is the reason?”The reason, and Allah knows best, is the absence of dhikr (remembrance) of Allah whilst inside the toilet. The Prophet(pbuh) used to remember Allah every single moment(Reported by M uslim (1/194), Abu Dawud (18) and al-Tirmidhi (3384) from the narration of Aishah.) except when he was in the toilet. Hence he sought forgiveness for this shortcoming. It highlights to us that we should remember Allah often and not be heedless of His presence.
“Alhamdulillah”: It is the praising of Allah jfe for the blessings bestowed.That is the removal o f harmful waste from our bodies. If it were retained in our bodies for too long, we would perish. So it is a blessing indeed.
And put forth your left leg first when entering it and right leg when leaving it. This is in contrast to entering the masjid and the wearing of footwear.
“And put forth your left leg first when entering it and right leg when leaving it”: This is the etiquette of entering the toilet. The Prophet(pbuh) used to do it this way. He used to put forth his right leg to indicate the bestowal of honour and the left leg to indicate aversion from harm .(Reported by A hm ad (6/265), Abu Dawud (34) from the narration of Aishah.) The aversion from harm in this case is the release of bodily waste and the bestowal of honour is due to leaving the place of release.
“This is in contrast to entering the masjid’: We enter the masjid with our right leg first as it is a blessed place of worship and we leave it exiting with our left leg first for the public places distract us from the remembrance of Allah and promote heedlessness of His presence.
“And the wearing of footwear”: It is a Sunnah to wear the right shoe before the left. The Prophet used to prioritise the right leg when wearing his footwear.(Reported by al-Bukhari (1/53,166) and (7/89) and M uslim (1/155) from the narration of Aishah where she said, “The Prophet M used to prioritise the right side while wearing footwear, combing his hair, when cleansing and in all o f his affairs.”)
One distances himself when in an open space. He screens himself and chooses soft ground that can absorb his urine.
This is an explanation of the etiquette of answering the call of nature in an open space.
“One distances himself when in an open space”: Whenever the Prophet(pbuh) answered the call of nature in an open space, he would distance himself from people. He did not do it where people could see him.(Reported by al-Bukhari (1/101, 108) and (4/50) and M uslim (1/158) from the narration of Mughirah ibn Shu’bah who said, “I was with the Prophet(pbuh) on a journey when he said, ‘O Mughirah! Give me the pot.’Then he walked far away from me and answered the call o f nature.” )
One distances himself when in an open space. He screens himself and chooses soft ground that can absorb his urine.
This is an explanation of the etiquette of answering the call of nature in an open space.
“One distances himself when in an open space”: Whenever the Prophet(pbuh) answered the call of nature in an open space, he would distance himself from people. He did not do it where people could see him.(Reported by al-Bukhari (1/101, 108) and (4/50) and M uslim (1/158) from the narration of Mughirah ibn Shu’bah who said, “I was with the Prophet(pbuh) on a journey when he said, ‘O Mughirah! Give me the pot.’Then he walked far away from me and answered the call o f nature.” )
“He screens himself”: One should never sit in the open to relieve himself. Instead he should sit behind a boulder or tree, using it as a screen. This was the manner of the Prophet(pbuh).
“And chooses soft ground that can absorb his urine”: He chooses soft ground where urine can permeate into it, avoiding hardened earth that can cause a splashing o f urine upon contact. The Prophet(pbuh) informed us about two men who were tormented in their graves, he said, “They were not tormented due to something major.”Though serious actions, they could have been easily avoided had the men paid attention to this. He(pbuh) continued, “One of them did not screen himself from urine.” In another narration, “Did not protect himself from urine,” and the rest of the hadith is, “The other used to go about slandering people.”(Reported by al-Bukhari (1/64, 65) and (2/119) and M uslim (1/166) from the narration of Abdullah ibn ‘Abbas.) This point should be given heed whenever one answers the call of nature. Being stained by urine is a disastrous thing. It can lead to torment in the grave as the Prophet M specifically mentioned in a hadith, “Protect yourselves from the urine for verily it is the most common cause for torment
in the grave.” (Reported by al-Hakim in al-Mustadrak (1/183) and al-Daraqutni (1/128) from the narration of Abu Hurairah.)
And the penis is to be rubbed with the left hand after all urine has left the penis, thrice from the bottom to the tip. Then shaken three times. He should change his direction to cleanse himself on a different spot if there is a chance o f staining.
“And the penis is to be rubbed with the left hand after all urine has left the penis, thrice from the bottom to the tip”: It is a possibility that some urine remains within the penis. To rectify this, a man can force it out by holding the bottom of his penis and rubbing it upwards to the tip. He should keep repeating this until no urine can be seen coming from the penis. This is so that his ablution is not nullified and he is not stained by najas.
“Then shaken three times”: This is to expel whatever remnants of urine are left in the penis. This [statement] is peculiar. It is said that when you force urine out, it keeps coming and if you leave it, then it stops completely. So shaking it could possibly remove remnants of urine but it could also bring about doubt [as to whether one is completely free o f urine]. It is best that one leaves this habit. An exception would be when a person has a blockage that impedes the free flow of urine from the penis. In this case, he should shake it to force urine out. A person without such a medical problem should forgo this practice completely.
“He should change his direction to cleanse himself on a different spot if there is a chance o f staining”: From the etiquette of answering the call of nature is that when one intends to clean himself with water or stone, he turns to another direction from the point where the soiling was done. This is because the water or stone used can cause splashing or staining of the najasah on the body. However, if this cannot occur, like in the modern toilet then one does not have to change directions to cleanse himself.
He should lean on his left leg. It is disliked to bring into the toilet any article that has Allah’s name on it except when necessary, to raise his robe before approaching it, speaking when inside the toilet and urinating into a hole or its equivalent.
“He should lean on his left leg”: This is one of the etiquettes of answering the call o f nature. It is said that removal of waste from the body is more convenient and speedy if one leans to the left side.
“It is disliked to bring into the toilet any article that has Allah’s name on it”: Like a ring or pieces o f paper that have Allah’s name on them. Wherever possible, a person should remove these and only then enter the toilet. The Prophet(pbuh) used to remove his ring before entering toilet(Reported by Abu Dawud (19), al-Tirm idhl (1746), al-Nasai(8/178) and Ibn Majah (303) from the narration o f Anas.) as it had the name of Allah on it.
“Except when necessary”: If a person fears that it might be stolen if left unattended, he is allowed to bring it in. If it is a ring that has Allah’s name on it, he should rotate it inwards especially if it is set with a stone. He should turn it to face the inner palm in an effort to hide it.
“To raise his robe before entering it”: This is yet another etiquette. A person should not raise his clothes and reveal his private areas (awrah) before approaching the toilet. The awrah is an obligation which needs to be covered at all times except when necessary. Lifting one’s clothes before approaching the toilet is unnecessary.
“Speaking when inside the toilet”: One should not talk when inside the toilet as this is bad manners. He should be silent until he leaves the toilet. If someone were to greet him, he should not reply. Once a man greeted the Prophet(pbuh) while he was urinating and he did not reply to him.(Reported by Muslim (1/194), Abu Dawud (16), al-Tirmidhi (90), al-N asal (1/35) and Ibn Majah (353) from the narration of ‘A bdullah ibn ‘Amr.)
“And urinating into a hole or its equivalent”: One should not urinate into a hole in the ground like the nests o f insects for this will cause harm to the insects or it could very well be the dwelling place of jinn.(It was reported by Abu Dawud (29), al-Nasai (1/33) that Q atadah narrated from ‘A bdullah ibn Sarjas that the Prophet forbade M uslims from urinating into holes. The people asked Qatadah why this was so. He replied, “It was said that it is the abode o f the Jinn .”)
[It is also disliked] to touch one’s private parts with the right hand or to cleanse oneself with it, and to face nayarayn whilst relieving oneself. It is forbidden to face the qiblah or to turn one’s back towards the qiblah whilst relieving oneself in the open.
“To touch ones private parts with the right hand or to cleanse oneself with it”: The Prophet(pbuh) said, “One should not touch his private parts with his right hand while urinating and one should not wipe filth with his right hand.”(Reported by al-Bukhari (1/50), M uslim (1/155) from the narration of Abu Qatadah.) It benefits not that the right hand be used to touch the private parts or to wipe away impurity during istinja or otherwise. Only the left hand should be used for these purposes.
“To face nayarayn”: That is the sun and the moon. The correct opinion is that it is permissible to do so. This is because there is no evidence to prove that it is disliked or forbidden. In fact the Prophet(pbuh) said to the people of Madinah: “Do not face the qiblah when you urinate or defecate but turn to the east or the west.”(Reported by al-Bukhari (1/48,109) and M uslim (1/154) from the narration of Abu Ayyub al-Ansari.) It is known that the moon and the sun rise and set in the east and west.
“It is forbidden to face the qiblah or to turn one’s back towards the qiblah whilst relieving oneself in the open”: To face the qiblah (the direction facing the Ka’bah in Makkah) whilst relieving oneself is forbidden. This is the case only if one answers the call o f nature in the open. If it is done within a building or behind a screen or wall, there is a difference o f opinion amongst the scholars.(Ibid) This is because the hadith above does not specify a building or open space but there is a general forbiddance. However, there are other ahadith that prove that the Prophet(pbuh) did answer the call of nature facing al-Sham; which means that he was facing his back towards the Ka’bah.(Reported by al-Bukhari (1/48) and (4/100), M uslim (1 /1 5 5 ), al-Tirmidhi (11) and Ahmad (2/12,13) from the narration o f Ibn ‘Umar.) This was within a building. This hadith is specific compared to the general prohibition stated by the Prophet(pbuh) when he said: “Do not face the qiblah when you urinate or defecate.’’This could have referred to doing so in the open whilst excluding the action done in a building. The scholars who held the view that it is permissible to face the qiblah if one relieves himself in a building bring forth as evidence that the Prophet faced al-Sham, as in the above hadith. This is the view of the author. The second opinion states that it is prohibited to face the qiblah even if one is within a building(See al-K dfi’ (1/50) and al-Furu (1/111).) as in the hadith narrated by Abu Ayub, “Do not face the qiblah when you urinate or defecate but turn to the east or west.” Abu Ayub added, “We went to al-Sham and saw toilets built facing the qiblah. We sought Allah’s forgiveness and turned our direction.”(Reported by al-Bukhari (1/109), Ahmad (5/421), al-Tirmidhi (8) and al-Nasai (1/22) from the narration o f Abu Ayub al-Ansari.)
[It is prohibited to] stay in the toilet longer than necessary, urinate in pathways, in shaded places and under fruit-bearing trees.
“[It is prohibited to] stay in the toilet longer than necessary”: This prohibition is due to the unnecessary prolonging of exposure of the awrah.
“Urinate in pathways”: Among the etiquettes of answering the call of nature is avoiding places that are popular and frequented by people. Doing so will harm people.
“In shaded places”: I.e. places where people gather and enjoy the shade. It is strictly forbidden to relieve oneself in these places. The Prophet(pbuh) cursed those who do so. He said, “Fear the two accursed!” The Companions of the Prophet asked, “And who are the two accursed O Messenger of Allah?” He(pbuh) replied, “Those who answer their call of nature upon people’s paths and upon their shaded places.”(Reported by M uslim (1/156), A hm ad (2/372), Abu Dawud (25) from the narration of Abu Hurairah.) There is another accursed type of person we should mention(Hadith regarding the third accursed. Reported by Ahmad (1/99) from the narration of Ibn ‘Abbas and Abu Dawud (26), Ibn M ajah (328) from the narration of Mu’adh ibn Jabal.): those who urinate in the people’s water source or at the edge of the river from which people draw water. These acts cause great harm to the people.
The Muslim has a high degree of manners and his humility and modesty are beyond par. They are also very observant when preserving the rights of others, taking special precautions not to cause anyone harm or to be unjust with them. A lot of people in our present times do not care about fellow park users. They violate the resting places of travellers on highways who take much needed rest so that they can continue their journey safely. This heedlessness to another person’s wants and needs justifies a curse. The victim’s curse often becomes realised as it is a supplication against one who is unjust. Therefore it is incumbent upon every Muslim to preserve public places thereby not being a source of discomfort to others. Muslims in present times praise the disbelievers, that they preserve and beautify their countries, keeping them functional and clean. They are in fact practicing Islam. This din came to preserve the rights of the masses and forbade the desecration of public amenities. Regrettably, some ignorant
and brash Muslims do not take heed of this. Subsequently, such thoughtless
deeds are attributed to Islam [by its enemies.]
This ignorance should be abolished by informing the people o f the dangers inherent in desecrating the rights of people and abuse of public amenities. Friday sermons should preach this issue. Newspapers and magazines should carry this message in their columns and articles. A propagation of civic issues should be brought to the people’s doorsteps. It is the onus of the parents to instil civic-mindedness in their children by teaching them the rights of shared amenities in the country. Any violation on the part of the children of these rights should be addressed and reprimanded even at a young age. In reality, there is a desire for such corrective measures amongst the Muslims. This is
grist to the mill o f those biased against Islam to defame it.
“And under fruit-bearing trees”: Similarly relieving oneself under a flowering tree is also prohibited. This is because this act taints the tree. People might abhor the fruits and flowers from the tree which causes a loss of benefits to one and all. In conclusion, it is an obligation on Muslims to preserve and protect public amenities. The concept of environmental-friendliness propounded by the disbelievers is much lauded even in Muslim countries. Little did they know Islam established such ideals and exhorted civic-mindedness from its very beginning.
And cleanse ( istijmar ) with stone and then again with water.
“And cleanse (istijmar) with stone and then again with water”: Istijmar is the use of small pebbles or stones to remove waste from the body. If one combines both istijmar and istinja then that is best and cleanest. If so, one should use the stones to clean and then follow with water. Combining these methods removes all traces of impurity. However, if one decides just to use one method, then using water i.e. istinja is better in removing impurities. It is the consensus of the scholars that using stones to cleanse oneself without using water is permitted and accepted.
Istijmar is permitted as long as the soiled area is limited to the place from where the waste is expelled.
“Istijmar is permitted as long as the soiled area is limited to the place from where the waste is expelled”: These are the criteria for the acceptance of al-istijmar:
1. The soiled area is limited to the place from where the waste is expelled. If it goes beyond that to other areas o f the body, then al-istijmar is not permissible.
2. To perform al-istijmar with three stones(See al-M ughni (1/216)) for the Prophet(pbuh) asked for three stones when he needed to answer the call of nature.(Reported by al-Bukhari (1/51), A hm ad (1/388,465), al-N asal (1/39), al-Tirmidhi (17) and Ibn Majah (314) from the narration of Ibn Mas’ud.)Anything less than three stones is not sufficient. Some scholars say that it is permissible to use less than three stones citing that what is important is the cleansing. Hence, if one stone can achieve it, then the scholars say that
it is sufficient.(“This is the strongest opinion in the madhab and the position of most of its scholars.” See al-Insaf{ 1/112).) However, the correct view is that three stones is a must. This is because the Prophet M asked for three stones. Adhering to the Sunnah is most preferred.
3. One should neither use dry dung or bone to perform istijmar. This is because the Prophet forbade it. He said to Ruwayfi’,(Ruwaifl’ Ibn Thabit ibn al-Sakn. From the clan of Malik ibn al-Najjar. He lived in Egypt and was appointed by Mu ’awiyah to be a statesman of Tripoli in the year 46 H . He waged war in Africa. He has narrated hadith from the Prophet(pbuh). He died in Barqa while governing it in the year 56 H . See al-Isabah (3/289)) “O Ruwayfi’. If indeed you do live a long life, tell the people that whoever plaits his beard or performs istijmar with the dung of animals or bone, Muhammad makes bara (disassociation) from them .”(Reported by A hm ad (4/109), A bu Dawud (36) and al-N asal (8/135)) Performing istijmar with bones and dried animal dung is prohibited. If one insists, then he has not cleansed himself as it is contrary to Islamic law. He thus remains in a state of impurity.
Stone or its like used for istijmar should be tahir and clean. It should not be bone, animal dung, foodstuff, dignified objects, or any object attached to an animal.
“Stone or its like used for istijmar should be tahir and clean. It should not be bone, animal dung”: This is the fourth criteria. That the object used for istijmar be tahir. If an impure object is used, istijmar is null and void since he remains in the state of impurity. Here once again are the four criteria:
1. The excrement must not exceed the place it was expelled from.
2. Three stones must be used or three wipes from one stone; there being differences in opinion as to which is correct.
3. Dung and bones must not be used for istijmar.
4. The object used for istijmar must be clean, not dirty.
If all of these criterion are met, then istijmar is valid and istinja with water is unnecessary. However if any one criteria is not met, istijmar becomes invalid.
“Clean”: Exceptions are smooth stones, glass and smooth steel. Handkerchiefs made of coarse cloth can be used instead of stone as long as cleansing is achieved.
“Foodstuff”: Using foodstuff to cleanse oneself is a degradation of food.
“Dignified objects”: For example, Islamic books and papers wherein the name
of Allah(swt)is written. Using it will amount to desecration of the remembrance of Allah.
“Any object attached to an animal”: As this will result in the animal becoming dirty.
And it is Sunnah to do it in odd numbers. Istinja is mandatory for every waste that leaves the body except the passing of wind. Wudhu and tayammum are invalid unless preceded by it.
“And it is Sunnah to do it in odd numbers”: To use at least three or more and
in odd numbers. The Prophet said, “If you perform istijmar, then do so with
an odd number.”(Reported by al-Tabarani in al-Mu’jam al-Kabir (8/376) from the narration of Tariq ibn ‘Abdullah al-Maharbi and Ahmad (2/360) from the narration o f Abu Hurairah, and this wording is marfu.)
“Istinja is mandatory for every waste that leaves the body”: Any waste that comes out of the anus and private parts necessitates istinja or istijmar, whether someone is sure of a discharge or not.
“Except the passing of wind”: In this case, there is no istinja’.(Ibn Q udam ah, “We have not heard o f any refutation to this. Abu Abdullah i.e. Imam Ahmad said,‘There is no evidence in the Qur’an or the Sunnah o f the Prophet requiring istinja for passing gas. It only requires wudhu.” See al-Mughni (1/205))Whoever does so is an innovator in the din as it was neither practiced by the Messenger of Allah(pbuh) nor did he command that it be done. Istinja becomes necessary after urination or defecation as both these actions create waste that soils the body. In contrast, the passing of gas does not physically soil the body, hence there is no istinja for it.
“ Wudhu and tayammum are invalid unless preceded by it”: Wudhu performed before istinja and istijmar is invalid because these two cleansing actions are prerequisites for the acceptance of wudhu as the Prophet(pbuh) said, “Let him wash his private parts and then perform wudhu.”(Reported by Muslim (1/169) from the narration o f ‘A ll ibn Abi Talib, (1/185) from the narration of Ubay ibn Ka’b, Ahmad (1/38) from the narration of Umar ibn al-Khattab, (1/80) from the narration of Ali and al-Nasai (1/96 and 97) from the narration of Ali ibn Abi Talib.)
“And tayammum”: If one performs dry ablution (tayammum) followed by istijmar, then his dry ablution is invalid as the Prophet mentioned in the above hadith the word “thumma” (i;e. “then”) that signifies sequence. Istinja precedes wudhu. And Allah knows best.
By Shaykh Salih ibn Fawzan al-Fawzan
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