Fiqh of Tahara-6

1. Fiqh of Tahara-6 Taught by: HaceneChebbani

2. Nullification of Wudu’ • Things that nullify the wudu’ can be divided into two types: • Agreed upon nullifiers. Anything which comes out through the organs used to answer the call of nature. - Human stool : “... Or any of you comes from al-ghaa’it” (5/6) - Urine: Hadith of safwaanibnAsaal: “ but not from defecation, urine or sleep” (Tirmithi/Nasai’) - Passing wind (Both audible and silent): Hadith of Abu Huraira : “ He should not leave unless he hears a sound or smells something” (Bukhari/Muslim)

3. Nullification of Wudu’ • - Al-mani (semen), Almadhi and Al-wadi. • - Menstrual Blood. • - Loss of consciousness: due to drunkenness or illness, because absence of awareness in these circumstances is greater than that which occurs during sleep. All scholars are agreed upon this.

4. Nullification of Wudu’ 2. Controversial Matters. • Sleep: First Opinion: Sleep nullifies wudu’ in all cases whether it is deep enough to make a person unaware of his surroundings, or it is not deep. Their Proof: “ The Messenger of Allah used to command us whenever we were travelling, not to remove our leather socks for 3 days and 3 nights, unless we were in a state of janaabah, but due to defecation, urination or sleep.”

5. Nullification of Wudu’ • Second Opinion: It is only deep sleep; which makes a person completely unaware of his surroundings, that nullifies the wudu’. As a result, light sleep of someone who is sitting down or standing up does not nullify the wudu’. • Their Proof: The hadith of Anas (r) that “ the sahaba (r) used to wait for Isha’ prayer at the time of Allah’s Messenger (pbuh) until they doze off then they pray without renewing their wudu.” (Muslim, the Book of Haydh, chapter “ The sleep of one who is sitting down does not nullify the wudu’” • The second opinion is stronger.

6. Nullification of Wudu’ 2) Vomiting: First Opinion: Vomiting nullifies the wudu’ unless it is small in volume. This is the opinion of Imams Ahmed and Abu Haneefa. Their proof: Hadith “ The Messenger of Allah (pbuh) vomited and renewed his wudu’.” (Ahmed, Tirmithi, Abu Dawood and others)

7. Nullification of Wudu’ Second Opinion: Vomiting does not nullify the wudu’, whether it is small or large in volume. It is the opinion of Imam Shafi’e and the seven scholars of Medina and another opinion in the hanbali school of thought. Their Proofs: - The tahara was established upon a sharia’ proof, and can not be removed unless there is an authentic sharia proof. - We are not allowed to force people to renew their wudu’ without a valid and authentic evidence. - The hadith used by the other group is weak or at least controversial, and it is an action from Allah’s Messenger that does not contain any command. The second opinion is stronger.

8. Nullification of Wudu’. 3) Touching one’s private parts without a barrier: First Opinion: This action will break the wudu’. This is the opinion of the hanbali school, in addition to other scholars. Their Proofs: - The hadith of BusrabintSafwaan (r) that the prophet (pbuh) said: “Whoever touched his private part he should make ablution” (IbnMajah/Nasa’i/Tirmithi)

9. Nullification of Wudu’ Second Opinion: Touching one’s private part does not break the wudu’. Their Proof: - The hadith of Talqibn Ali (r) that he asked the Prophet (pbuh) about someone who touched his private part during the salah, Does he have to renew his wudu’? He replied: “It is just a part of your body.” (Abu Dawood, Nasai’, Tirmithi, Ahmed and others).

10. Nullification of Wudu’. • Third Opinion: If this type of touching is due to sexual desire, then it breaks the wudu’. If it is free from this desire, then this private part might be compared to any other part of the body as it was narrated in the hadith of Talqibn Ali. Then it does not break the wudu’. • The same rule is applied to the one who touched the anus. • This third opinion is stronger. • Note: We have to use all the sharia proofs that seem contradicting with each other, whenever is possible. If it is impossible to use them all together, then we consider abrogation or we select the most authentic one.

11. Nullification of Wudu’. • 4) Touching the opposite sex: • First Opinion: Touching the opposite sex with desire breaks the wudu’. Regular type of touching does not break the wudu’. That is the fatwa in the hanbali school, the opinion of Imam Malik and the 7 scholars of Medina. • Their Proofs: - The ayah “... Or you have contacted women...” Almai’dah-6 - The hadith of Aisha (r) that the Prophet (pbuh) used to pray during night, and she used to stretch her legs in front of him, so when he wanted to make sujood, he would pinch her to move her legs.” Al-Bukhari, the Book of Prayer, Chapter “Praying on the bed”.

12. Nullification of Wudu’. • Second Opinion: This type of touching breaks the wudu’ in all cases. That is the opinion of Imam Shafie’. • Their Proofs: • - The generality in the ayah “or you have contacted woman...” Al-mai’dah-6 • - They came up with a different analysis of the hadith of Aisha (r). They said that Allah’s Messenger used to touch her with his nails, and if the proof has different possible explanations, it should not be used.

13. Nullification of Wudu’ • Third Opinion: This type of touching does not break the wudu’ in all cases. (Even with desire). This is the famous opinion within the HanafiMathhab. • Their Proofs: • - The hadith of Aisha (r) “that the Prophet (pbuh) kissed one of his wives and went out to pray without renewing his wudu’.” (Ahmed/Abu Dawood/Tirmithi/Nasai’/IbnMajah and others) • Imam Bukhari said this hadith is disconnected (Weak) and so did Imam Tirmithi and others.

14. Nullification of Wudu’ • Conclusion: • - The weakest opinion is the second one. • - There is no proof that Allah’s Messenger renewed his wudu’ after touching one of his wifes, neither he commanded his companions to renew their wudu’ after touching the opposite sex. • - The first opinion is stronger. And Allah knows best.

15. Nullification of Wudu’. • 5) Eating the camel meat: • First Opinion: Eating the camel meat does not break the wudu’. The opinion of Aljumhoor (Majority of scholars including the 3 imams; Abu Haneefa, Shafie’ and Malik). • Their Proofs: • - The hadith of Jabir (r) who said: “The last of the two choices in the sunna of Allah’s Messenger (pbuh) is to leave wudu’ from anything cooked with fire” (Abu Dawood/ Tirmithi and others).

16. Nullification of Wudu’. • Their Proofs (Continued-first opinion): • - The hadith of Ibn Abbas (r) who said that the Prophet (pbuh) said: “ Wudu’ should be done because of what comes out, not because of what goes in” (Darqutni/Albayhaqi) • - The chain of this hadith contains two narrators who are weak.

17. Nullification of Wudu’ • Second Opinion: Eating the camel meat breaks the wudu’. The opinion of Imam Ahmed. • Their Proofs: • - The hadith of Jabir ibnSamura (r) that Allah’s Messenger (pbuh) was asked: ‘ Do we have to make wudu’ after eating camel meat?’ He said: Yes. And then he was asked again: ‘Do we have to make wudu’ after eating mutton?’ He replied: ‘If you wish.” (Muslim and others).

18. Nullification of wudu’. • Their Proofs (Continued- 2nd Opinion): • - The hadith of Albara’ (r) “... And make wudu’ after you eat camel meat.” (Ahmed/Abu Dawood/ Tirmithi and others). • Conclusion: • The opinion of Imam Ahmed is strong based on the two authentic hadiths.

19. Nullification of Wudu’ • 6) Giving Ghusl to a dead person: • Two opinions, the most correct view is that making ghusl to a dead person does not break the wudu’. • 7) Flow of blood due to injury during prayer: • Two opinions, the most correct view is that this flow of blood does not break the wudu’. However, it is recommended to have wudu’ after this type of flow.

20. Nullification of Wudu’. • Note:Presence of a barrier which prevents water from reaching the organs for which wudu’ in mandatory, namely hands, face, arms, and feet; invalidates the wudu’. (example: nail polish or water proof mascara.) • 2nd Note: Uncertainty about breaking the previous wudu’ does not nullify the same wudu’. • To be Continued Insha’Allah.