Fiqh Summary of the School of the Maliki Masters
(Muhammad al-'Arabi al-Qarawi)
Wudu'
Its obligatory Elements
23. How many obligatory elements of wudu' are there and what are they?
There are seven obligatory elements. They are:
1) intention2) consecutiveness
3) rubbing
4) washing the face
5) washing the arms to the elbows
6) wiping the head
7) washing the feet
24. When is the intention made? What should someone performing wudu' intend?
The intention should be made at the beginning of the wudu'.* The intention is made by intending one of these three things in the heart:
[*NOTE: The intention must be made before the first obligatory element of wudu', which is the washing of the face. It is recommended that it be made at the very beginning, before washing the hands.]
1. Removing minor ritual impurity2. Allowing what minor ritual impurity prevents
3. Performing the obligation of wudu'
It is better to not actually articulate the intention with the tongue. Also the intention must be clear, with no doubt entering into it. It is not enough to say, "If I am in a state of impurity, then this wudu' is for that minor ritual impurity."
25. Does forgetting the intention after having it impair the wudu'?
When someone makes his intention at the beginning of the wudu' and then fails to continue to remember it, that does not impair his wudu' . However if he says, "My wudu' is invalid," or words to that effect while performing his wudu', then his wudu' is invalidated and he must start it again. If says this (that his wudu' is invalid) after his wudu' is over, then his wudu' is unimpaired and he may still pray with it.
26. What is rubbing? What things are disliked in it?
Rubbing is the passing of the palm of the hand over the limb*. It is recommended that each area is rubbed only once, as it is disliked to go to excess in rubbing or do it with force. The obligation of rubbing is not met by rubbing with the back of the hand, although that is sufficient in the case of ghusl. The palm of the hand must be used.
[* NOTE: what is meant by limb here is the face, arms and feet.]
27. What is consecutiveness? Is it absolutely mandatory?
Consecutiveness is that wudu' be carried out in one go, without a break between its different elements. Consecutiveness is obligatory when one remembers and is able to do it.
28. What is the ruling on someone who forgets, who is unable to do it, and someone who deliberately introduces delays between the washing of his limbs (ie. Someone washes his face while doing wudu', then leaves his wudu' to have a cup of tea, then returns to his wudu' and washing his arms)?
1) Someone who forgets: If someone introduces delays between the washing of his limbs in wudu' due to forgetfulness, then he must build on what he has done, whether a long time has passed or only a short time. He must renew his intention.
2) Someone who is unable: If someone introduces delays in the washing of his limbs due to a lack of ability, without himself being the cause of that inability, such as when he fills a container with a sufficient amount of water and then someone pours it out or takes it from him, or it is unintentionally spilled while he is carrying out his wudu', or an impediment arises preventing him finishing his wudu', then his ruling is the same as someone who forgets in that he builds on what he has already done. He does not, however, need to renew his intention.
If someone introduces delays between the washing of his limbs due to a lack of ability, when he is the cause of that lack of ability, such as not being sure that the amount of water he has prepared is adequate, or knowing it to not be adequate, then he builds on what he has done if only a short time has passed. If a long time has passed then he must repeat the entire wudu' with a new intention.
3) If someone introduces delays between the washing of his limbs on purpose, then his ruling is the same as someone who is unable to perform his wudu', being himself the cause of that inability. If a short time has passed, he builds on what he has done. If a long time has passed, he repeats his wudu'.
These rulings are for the one who deliberately introduces delays between his limbs in his wudu' without nullifying his intention. If he does abandon his intention, he must make it again and begin a completely new wudu', whether a long time has passed or only a short time.
29. What is meant by a long time?
A "long time" is the time it takes for the last limb (that was washed in the wudu) to dry in an average time of the year in which there is no excessive heat, cold or strong winds in an average locality. By 'limb', an average-sized limb in a healthy body is meant, not for example the limb of an old man or a child (or a giant or someone with a fever or cold). By 'average locality' we mean a place which has a moderate climate, not hot like the Hijaz or cold like (Scandinavia).
30. Washing the face. What are its limits?
In length, the face extends from where the normal roots of the hair on the head begin to the tip of the chin. If the man has a beard he must wash to the end of his beard.
In width, the face extends from the soft bits in front of the right ear to the soft bits in front of the left ear. These fronts of the ears are not considered part of the face nor is the white area above them or the hair of the temples. The white area underneath them is however part of the face. One washes the septum between the nostrils, wrinkles on the forehead (or anywhere else), the outside of the lips and what is difficult to reach or hidden such as eyelids or any wounds or scars on the face.
31. What is the ruling for someone bald and someone who is hirsute?
It is not mandatory for a bald man to reach the point where the roots of his hair begin. He stops his washing at the point where the roots of the hair would normally start. The hirsute man (the one whose hair grows on his forehead), when washing his face, must was the hair which is below where the normal roots of the hair begin.
32. Must the water penetrate to the roots of facial hair?
If the hair is thin and the skin can be seen from underneath it, then the water must pentrate to the skin. By penetration we mean that the skin must be rubbed with the water, as the rest of the face, not just that the water touches the skin.
If the hair is thick and the skin can not be seen from underneath it, then it is not mandatory that the water penetrate it. However the water must enter the outside of the hair, even if it does not reach the skin.
33. Washing the arms. What is the ruling of washing between the fingers and the ruling on removing a ring?
It is mandatory to wash the arms up to and including the elbows. Washing between the fingers is only obligatory as is making sure the water gets to all the cracks and lines of the fingers and hands.
It is not mandatory to remove or move a ring which is allowed by the Shari'a, even if it so tight that the water is unable to go under it. This is true for both men and women who wear rings. As for rings which are forbidden, such as gold rings for men, they must be removed if they are tight. If they are loose, and the water is able to go under them, then it is enough to move them.
The ring which is permitted for men in the Shari'a is that which is made of silver and weighs two dirhams or less.
34. Wiping the head. What should be included in the wiping? What is the ruling on plaited hair?
It is mandatory to wipe the whole of the head from where the normal roots of the hair begin (adjoining the face) to the nape of the neck. The hair of the temples just above the cheekbone must also be included, as well as the patches of bare skin above the front of the ears (adjoining the temple). It is mandatory to wipe any hair which hangs down (below the nape), even if it is very long.
It is not necessary to undo the plaids, even if they are tightly plaited unless there are a lot of threads, in which case they must be undone. This applies to men and women. Two threads or less may be ignored as may a barrier such as henna.
35. Washing the feet. What is the ruling on washing between the toes?
It is mandatory to wash the feet, up to and including the ankles. You must make sure to wash those parts that the water doesn't readily or are difficult to rub, such as the Achilles tendon, the heel and the bottom of the foot. It is recommended to wash between the toes and to use the left hand to wipe with.
The Sunan of Wudu'
36. How many sunnas of wudu' are there? What are they?
There are eight sunnas of wudu':
1) washing the hands to the wrists2) rinsing the mouth
3) inhaling water up the nose
4) blowing the water out of the nose
5) the second wiping of the head (from the back to the front)
6) wiping the ears
7) renewing the water for the wiping of the ears
8) Carrying out the obligations of wudu' in their proper order.
37. Washing the hands to the wrists.
It is sunna to wash the hands to the wrists before putting them in the vessel being used to perform wudu'. Placing the hands in the vessel itself to wash them goes against the sunna, if the following three conditions are met:
1. That there is a small amount of water, like that in a vessel used for making wudu' or ghusl.2. That is possible to pour from the vessel, like a platter.
3. That the water is not free-flowing.
If these conditions are not met in that there is a lot of water or it is free-flowing, or it cannot be poured out (such as with a wash basin or fountain)then he may put his hands directly into the water without it being disliked. It is recommended that the hands are washed three times.
38. Rinsing the mouth, inhaling water up the nose and blowing it out
Rinsing the mouth is putting water in the mouth, (gargling) it around and then spitting it out.
Sniffing water up the nose is bringing water to the nose (with the hand) and breathing it up.
It is recommended to do each of these acts three times with three separate handfuls of water, by rinsing the mouth three times and then sniffing up water three times. The one who is not fasting should exaggerate in his rinsing and sniffing. What is meant by this is that the water should reach the throat when he is rinsing his mouth and should reach the nasal cavity when sniffing. However the one who is fasting should not do this for fear of breaking his fast. For if he does so and water does reach his throat, then he has to make up his fast.
(Just as water should be sniffed up the nose it should be blown out). This is done by blowing out of the nose while holding the nose with the thumb and index finger of the left hand. The process is similar to that of blowing the nose.
39. What elements are mandatory in the carrying out of these four sunnas, namely washing the hands to the wrists, rinsing out the mouth, sniffing water up the nose and blowing it out?
The intention is a mandatory element in these four sunnas. He must pretend to perform the sunan of the wudu, or intend the performance of the whole wudu' when washing his hands. If he washes his hands in order to cool down or to remove dirt from them and then intends wudu', he must repeat it in order that the sunan are encompassed by his intention.
40. Wiping the ears, renewing the water for them, and bringing the hands back over the head.
The outside of the ears should be wiped with the thumbs and the inside with the index fingers. Then the index fingers should be inserted in the holes of the ears. The folds and crevices of the ears should not be followed (as wiping is required not washing). Renewing the water to wipe the ears is also a sunna.
As for bringing the hands back to the front of the head when wiping them, this is only a sunna if there is still moisture left on them after the initial wiping of the head. This return wipe is no longer considered a sunna if the hands have dried. This sunna of bringing the hands back to the front of the head applies whether the hair is long or short, as opposed to those who make a distinction between them - they make the return wipe obligatory for long hair and sunna for short hair.
41. What is the ruling on the proper order for the obligatory elements of wudu?
The proper order of the four obligatory elements is a sunna. These elements are washing the face, washing the arms, wiping the head and washing the feet. The face comes before the arms, the arms before the wiping of the head and the wiping of the head before the washing of the feet. This is referred to as the order of the obligations on their own (ie. without mentioning the sunnas). As for washing the right arm or foot before the left one, that is a recommended act, and will be mentioned in the section on the recommended acts of wudu.
42. What is the ruling when this order is reversed and one or more of the elements is performed out of sequence?
If the order is reversed and one the obligatory elements is performed out of sequence, such as when the arms are washed before the face, or the head is wiped before the arms or face, then the ruling varies according to whether it is done deliberately or out of ignorance or forgetfulness. It also varies according to whether a long or short time has passed (what is meant by a long time is covered in section 29).
If a long time has not elapsed, then the person doing wudu' washes that element which was brought forward from its prescribed place in the order and the obligatory elements that come after it in the proper sequence. He only washes it and the elements after once, rather than the three times that are recommended when performing wudu'. In this instance there is no difference between someone who does it deliberately, ignorantly or out of forgetfulness.
If a long time has elapsed, then it is recommended for the one who inverted the order deliberately or out of ignorance to re-perform the wudu'. If he did it out of forgetfulness, then he should only wash the limb that was not its proper place, without doing the obligatory elements that came after it again.
An example of this is that the one performing wudu' first washes his arms and then his face and his head and then his feet. If he remembers before a long time has passed, he does his arms again and then wipes the head and washes his feet, whether he did it. He washes each once only. If he remembers after a long time has passed, it is recommended that he rewash his arms again, if he inverted the order out of forgetfulness. If he did it deliberately or out of ignorance it is recommended for him to redo his wudu'.
The Recommended things of Wudu'
43. What are the recommended elements of wudu'?
There are 12 recommended elements of wudu':
1. Performing wudu' in a clean place, which is always regarded as being pure. It is therefore disliked to do it in a lavatory, even before it is used.2. Facing the qibla.
3. Saying "Bismillah." when washing the hands (at the commencement of wudu). There is disagreement about adding "ar-Rahmani-r-Rahim."
4. Using a small amount of water for washing the limbs during wudu'. This 'small amount' is undefined as the amount needed varies from person to person. Some people have large limbs and some small.
5. Washing the right arm or foot before the left.
6. Placing open vessels such as bowls on the right hand side, and narrow-necked vessels such as jugs on the left hand side. When using a jug the left hand pours water onto the right.
7. Starting with the top of the limb. With the face this means beginning with the hairline and continuing down to the chin or tip of the beard. When washing the arms one starts with the tips of the fingers and continues up to and including the elbows. In wiping the head, this means beginning at the hairline and continuing back to the nape of the neck. When washing the feet one starts with the toes and goes back to the heel and ankles.
8. Washing the limbs a second time. This applies to both the obligatory and sunna elements, including rinsing the mouth and sniffing water up the nose, but not including wiping the head or wiping over leather socks. Wiping over these a second time is disliked.
9. The third washing of the limbs. Both the second and third washings are recommended in their own right.
10. Putting the sunna elements of wudu' in their correct order. In other words washing the hands before rinsing the mouth; rinsing the mouth before sniffing water up the nose; sniffing water up the nose before blowing it out; blowing water out of the nose before bringing back the hands when wiping the head; bringing back the hands when wiping the head before renewing the water for wiping the ears; and renewing the water for wiping the ears before wiping them.
11. Putting the sunna elements in their correct order in relation to the obligatory elements. Such as putting the washing of the hands, the rinsing of the mouth, the sniffing of water up the nose and blowing it out before the washing of the face.
12. Using the siwak before rinsing the mouth. The best siwak to use is that made of arak. If there is no siwak available it is sufficient to use the finger in its stead. According to some of the scholars it is permissible to use the finger even if a siwak is available. It is recommended to use the right hand to do siwak, beginning with the right side when cleaning the teeth and with the tip when cleaning the tongue.
The disliked elements of wudu'
44. What are the disliked elements of wudu'?
There are nine disliked elements of wudu':
1. Performing wudu' in an unclean place.2. Using an excessive amount of water when washing the limbs.
3. Superfluous speech when making wudu'. This includes all speech other than mentioning Allah Almighty and calling on Him. It is related that the Prophet, may Allah bless him and grant him peace, used to say when performing wudu, "Allahumma-ghfir li dhanbi wa wassi' li fi dari wa barik li fi rizqi wa qannini bima razaqtani wa la taftini bima zawayta 'anni (O Allah, forgive me my wrong actions, and expand for me in my house and bless me in my provision. Make me content with what You have provided for me and do not try me by what You have kept away from me)."
4. Washing more than three times and wiping more than once.
5. Beginning with the bottom of the limbs.
6. Exposing the private parts during wudu'. This applies when one is alone or with one's spouse. Otherwise it is haram to expose them.
7. Wiping the neck.
8. Going a long way beyond what is obligatory when washing or wiping the limbs. For example it is disliked to wash a lot of the upper arm when washing the forearms or to wash your shins when washing your feet and so forth.
9. Omitting one of the sunna elements of wudu' deliberately. The prayer is not invalidated by its omission, but it is sunna for the one who omits it to perform that omitted element for future prayers, whether it was omitted deliberately or inadvertently. Any prayer prayed with that wudu' is not repeated, regardless of whether the omission was deliberate or inadvertent, and regardless of whether the time of that prayer still remains or has ended. The sunna elements which are made up if they are omitted are three: rinsing the mouth, sniffing water up the nose and wiping the ears. The other sunna elements are not made up; these are: washing the hands, bringing the hands back when wiping the head, renewing the water for the ears and blowing water out of the nose.
Recommended types of Wudu'
45. When is it recommended to do wudu'?
Wudu' is recommended in ten cases.
1. When visiting a righteous man like a scholar, shaykh, or ascetic, living or dead. This is especially true when visiting a Prophet.2. When visiting a ruler or coming into the presence of a sultan. For wudu' is the weapon of the believer and the shield that protects you from the sultan.
3. When reciting Qur'an.
4. When reading hadith.
5. When studying knowledge of the Shari'a.
6. When doing dhikr
7. When going to sleep.
8. When entering the marketplace, because it is a place of diversion and the matters of this world and a place of false oaths.
9. It is recommended to remain in wudu' at all times as wudu' is a form of light.
10. Renewing wudu after performing a prayer, whether obligatory or voluntary, or performing tawaf of the Ka'ba if you want to perform another prayer or another tawaf. As for touching a copy of the Qur'an, after performing the prayer, it is not recommended to renew wudu'.
Preconditions of Wudu'
46. What are the different categories into which the preconditions of wudu are divided?
The preconditions of wudu' are divided into three categories:
1. Preconditions of soundness. Wudu' is not valid until these preconditions are met.2. The preconditions of obligation. Wudu is not obligatory until these preconditions are met.
3. The preconditions concerned with both soundness and obligation. Wudu' is neither obligatory nor valid until these preconditions are met.
47. What are the preconditions that are concerned with the soundness of wudu and how many are there?
There are three:
1. Islam. If wudu' is performed by an unbeliever it is not valid. This precondition is not particular to wudu', but is rather a precondition for all acts of worship: acts of purification, prayer, zakat, fasting and hajj.2. That there is no barrier which prevents the water from reaching the skin, such as a layer of wax or thick oil on the limb. Mucous from the eye, ink on the hand of the writer and other types of actual dirt on the body are also considered to be barriers.
3. Lack of anything which negates wudu'. If wudu' is performed while something impure, such as urine, is actually emerging from the body or while someone is touching his penis or other similar situations, then that wudu' is invalid.
48. What are the preconditions that are concerned with the obligation of wudu' and how many are there?
There are four:
1. The arrival of the time of the prayer. Wudu' is not mandatory before the arrival of the time of the prayer.2. Puberty. Wudu' is not obligatory for a child.
3. The ability to perform wudu'. Wudu' is not obligatory for someone who is unable to perform it, like someone who is ill, or someone who has no water, or is harmed by it.
4. Having done something which breaks wudu'. Wudu' is not obligatory for someone who is in a state of wudu' and has not broken it.
49. What are the preconditions that are concerned with both the soundness and obligation of wudu' and how many are there?
There are four:
1. Sanity. Wudu' is not obligatory on or valid for a person suffering a bout of insanity or having a fit.2. Being free of the blood of menstruation and lochia. This condition only applies to women. Wudu' is not obligatory on or valid for a woman while she is menstruating or bleeding after childbirth.
3. That there is sufficient pure water available. Wudu' is not obligatory on or valid for someone who has an insufficient amount of water to perform it. It is not considered to be a valid wudu' if he only washes part of his limbs with the water he has.
4. Not being in a state of sleep or heedlessness. Wudu' is not obligatory on someone who is asleep or heedless nor is it valid from them due to the lack of an intention. Wudu' becomes obligatory when the person wakes up or remembers.
The Nawaqid of Wudu' (The Things which break wudu')
50. What is a naqid?
It is what breaks wudu' in itself (such as urine) or that which leads to the breaking of wudu' (like deep sleep).
51. What are the different categories of things which break wudu'?
There are seventeen things which break wudu'. They are divided into three categories.
1) Ritual impurities, of which there are eight:
1. Breaking wind2. Faeces
3. Urine
4. Madhy
5. Wady
6. Semen (when it emerges with unexpected pleasure, as explained in section 54)
7. Hadi
8. Bleeding from false menstruation
The first six are general to both men and women and the last two are specific to women. All these ritual impurities emerge from the urethra except for wind and faeces which emerge from the anus.
2) Asbab, which are those things which are considered to lead to the emergence of ritual impurities. There are seven:
9. Sleep10. Intoxication
11. Unconsciousness
12. Insanity
13. Touching a person of the opposite sex
14. Kissing
15. Touching the penis
(NOTE: Some scholars add an eighth sabab, which is inserting the fingers into the vagina.)
3) Those things which do not fall into either of the above-mentioned categories of which there are two:
16. Doubt17. Apostasy. May Allah protect us from it!
52. What is meant by a ritual impurity?
It is that thing which normally emerges from the anus or the urethra when one is healthy and one's bodily functions are working properly. Thus wudu' is not broken if:
a) Something enters one of these orifices, such as a stick, a hypodermic needle or a finger.b) Blood, pus, pebbles or worms are emitted, as these do not normally emerge from the anus or urethra, rather they emerge because of illness.
c) Something comes out of the mouth or other orifices in the body (with certain exceptions, which are dealt with in section 56).
d) Wind emerges from the urethra or urine from the anus, because this is not the orifice they normally emerge from.
53. What is madhy, wady, hadi and the blood of false menstruation?
Madhy is a thin white liquid which emerges during sexual arousal and foreplay or after thinking about sexual matters. It is known as pre-seminal fluid in men and vaginal-lubrication fluid in women. If this liquid emitted by a man he must wash his entire penis with an intention, as this washing is considered an act of worship, like wudu' and ghusl. He should intend that he is washing his penis on account of madhy.
Wady is a thick white liquid which emerges immediately after urination. It is known as post-urinal fluid. If it emerges, its ruling is the same as that for urine (i.e. the impurity must be washed off. No intention is needed.)
Hadi is a white liquid which emerges from the pregnant woman at the moment of giving birth. It is considered to be like urine.
Blood of false menstruation (chronic bleeding) is the blood which emerges from the vagina because of illness or imbalance and emerges after the maximum period for menstruation or the maximum term for post-natal bleeding (lochia) has come to an end (Menstruation and lochia will be discussed more fully in chapter 7).
54. When does the ejaculation of semen only require wudu' and not ghusl? Give examples of the circumstances in which this could happen.
Ghusl is made obligatory by the emergence of semen with orgasm (sexual gratification). However if it emerges without accompanying pleasure, only wudu' is made obligatory. This may happen under the following circumstances:
1) When scratching scabs and sores caused by scabies.2) After being stung by a scorpion.
3) When getting into a tub of hot water.
4) The rubbing and jolting caused by riding a horse.
If the person in these cases starts to experience sexual pleasure with the emergence of the semen, then he must immediately desist from that action which caused the semen to emerge (such as riding his horse or scratching his scabs). If he experiences pleasure with the emergence of the semen and deliberately continues in that action regardless, then he must perform ghusl.
55. What is incontinence (salas) and what is its legal ruling?
Salas is the ritual impurity that emerges from the urethra or anus due to illness and outside one's physical control. It is the medical condition known as incontinence and may happen with urine, faeces, wind, semen, madhy, wady or the blood of false menstruation. Its legal ruling varies according to the form it takes:
If a person is afflicted by this condition the whole time (for example urine is constantly dripping from his body), then it does not break his wudu' and it is not recommended for him that he perform wudu'.
(NOTE: The emergence of other ritual impurities which he has control over do still break his wudu', however).
If a person is incontinent for most of the time or for half of the time, it does not break his wudu', but it is recommended for him that he perform it for each prayer.
If the incontinence lasts less than half of the time, then it does break his wudu' and it is obligatory on him to perform wudu' if he desires to perform the prayer.
What is meant by 'time' here is from midday to sunrise of the following day, for this is the time in which all the obligatory prayers fall (midday to sunset is the time for Dhuhr and 'Asr, sunset to dawn is the time for Maghrib and 'Isha and dawn to sunrise is the time for Subh).
The rulings mentioned above only apply if the afflicted person cannot accurately pinpoint the times of day in which the incontinence afflicts him and cannot treat it.
If he can pinpoint the times of day he will be afflicted, then he must perform his prayers in the times he knows he will be free of the condition (for example if he knows that he will be free of incontinence in the time of Dhuhr, but will be afflicted by it throughout the time of 'Asr, then he must bring his 'Asr prayer forward).
If he is able to treat it, then he must do so. He is only excused from doing wudu' during the days of his treatment. However, an exception is made in the incontinence of madhy if it is caused by cold weather or illness. The one who suffers from this condition does not have to treat it, even if he is able.
(NOTE: If the incontinence of madhy is caused by prolonged bachelorhood, however then he must treat it; by fasting, getting married or by medication.)
56. What is the ruling of what emerges from a perforation?
When a ritual impurity (such as urine or faeces) emerges from a perforation under the intestines and both the anus and urethra are blocked, then it does break wudu'. If the anus and urethra are not blocked then the emergence of a ritual impurity from that perforation does not break wudu'. As for when only one of them is blocked it is said that it does not break wudu'.
A ritual impurity that emerges from a perforation above the navel does not break wudu' regardless of whether the anus and urethra are blocked or not.
57. Is wudu' broken by the emergence of sperm from the vagina of a woman after she has performed a ghusl?
If semen entered the vagina of a woman through intercourse, and then emerged from her vagina after she had performed ghusl, then it is obligatory for her to perform wudu'. If the male semen entered into her vagina by means other that intercourse (such as being injected into it by a needle or some such thing), then its emergence is not considered to break purity.
58. What is a sabab?
A sabab is that which leads to the emergence of a ritual impurity (hadath) (For example sleep leads to the emergence of wind, touching and kissing lead to the emergence of madhy etc.).
59. What are the rulings regarding sleep?
There are four types of sleep:
1) Deep and long. This breaks wudu'.2) Deep and short. This also breaks wudu'.
3) Light and long. This does not break wudu', but wudu' is recommended after it.
4) Light and short. This does not break wudu', nor is wudu' even recommended after it.
"A deep sleep" is defined as that sleep in which a person is not aware of the voices around him or does not notice when something falls from his hand.
"A light sleep" is defined as when a person awakens when his name is called and notices when something falls from his hand.
60. What is the ruling on intoxication, unconsciousness and insanity?
Intoxication breaks wudu', even if that drunkenness came about in a lawful manner (such as unknowingly drinking milk which had become alcoholic). What is meant by 'intoxicant' is that which removes the ability to reason and gives a sense of light-headed euphoria. It does not need to go as far as befuddling the senses and affecting co-ordination.
Unconsciousness also breaks wudu', regardless of whether the person is unconscious for a long time or just a moment.
Bouts of insanity break wudu'. What caused them is not taken into account. It does not matter if the cause was epilepsy, mental illness or possession by a jinni.
61. What is touching (lams) and when does it break wudu'?
Lams is the direct touching of the body with the hand. If an adult physically touches someone of the opposite sex, whom it is normal to desire (i.e. not a sister or brother or aunt etc. or a very young girl or boy), then his wudu' is broken or not according to his intention and the outcome:
1) If s/he intends and experiences pleasure, his wudu' is broken.2) If s/he intends pleasure but does not experience it, his wudu' is broken.
3) If s/he experiences pleasure without intending it, his wudu' is broken.
4) If s/he does not intend pleasure and does not experience it, his wudu' is NOT broken.
Wudu' is also not broken by touching someone whom it is not normal to have sexual desires for, such as a young girl or boy or a member of your immediate family (excepting your wife or husband). The same applies to touching an animal or a member of the same sex.
Wudu' is broken by touching the nail, hair or a thin barrier through which the moistness of the skin may be felt. As for touching through a thick barrier, that does not break wudu'. As for actually gripping part of the body, this breaks wudu' regardless of whether the barrier is thick or thin.
The same ruling applies equally to the one who is touched and the one who touches, if the same preconditions are met (i.e. that the he is touched by an adult of the opposite sex etc.).
62. What is the ruling on kissing?
When a kiss is on other than the mouth, then its ruling is the same as that for touching (mentioned in section 61).
If the kiss is on the mouth, it always breaks wudu', even if it is forced or done absentmindedly. Both the wudu' of the one who is doing the kissing and the wudu' one who is being kissed are broken. The exception to this is when the kiss is merely to say farewell or out of mercy (such as when one's wife is very ill), in which case it does not break wudu' (unless pleasure is experienced).
63. Is wudu' broken by looking and thinking accompanied by an erection?
Wudu' is not broken by looking at a beautiful form or thinking about sexual matters, even if that looking or thinking causes an erection.
64. What is the ruling on touching the penis?
Touching the penis directly, without a barrier breaks wudu' regardless of whether it is the top, of the penis which is touched or the bottom or the middle, even if it is touched accidentally. It matters not whether pleasure was experienced by that touch or not. What is meant by touching here is touching with the palm or side of the hand or the inside or side of the fingers, not with the back of the hand. If a person has a sixth finger, it is treated as the same as the others if there is feeling in it. If that extra finger is dead then touching with it does not break wudu'.
This ruling applies to adult males. As for a child touching his penis that does not break wudu'.
If the penis is touched through a barrier which is very thin, then wudu' is broken. However if the barrier is thicker than that, touching through it does not break wudu'.
As for touching the anus and even inserting ones fingers into it, it does not break wudu', even if that touch causes pleasure. The same is true if a woman touches her vagina, even if she inserts a finger or two between her labia.
(NOTE: As there is a difference of opinion regarding whether a women inserting her fingers into her vagina breaks wudu', it is safer to take the position that it does break wudu')
65. What are the rulings regarding apostasy and doubt?
Apostasy: There is a disagreement about what the ruling on apostasy is. Apostasy is leaving Islam. There are two predominant positions on what is obligatory for the person who leaves Islam and then returns to it. One is that ghusl is obligatory for him and the other is that only wudu' is obliged. The more reliable position is that only wudu' is made obligatory.
Doubt: Doubt breaks wudu' because man only discharges his liability by certainty. There are three different ways in which doubt can occur:
1) He remembers performing wudu', but is unsure as to whether he has broken his wudu' since then.
2) He remembers breaking wudu', but is unsure as to whether he has performed wudu' since then.3) He remembers performing wudu' and breaking wudu', but is unsure as to which happened first.
All of these render wudu' obligatory.
If these three types of doubt occur during the prayer, there are additional details attached:
1) If he entered into the prayer believing himself to be in a state of wudu' and then doubt occurs to him about whether he has broken it or not, then it is obligatory for him to continue his prayer. If the doubt leaves after he has finished the prayer and becomes clear to him that he was pure then he does not repeat the prayer. If the doubt persists then he must renew his wudu' and repeat the prayer.2) If he entered into the prayer believing himself to be in a state of wudu' and then he remembers breaking wudu' and doubt occurs to him about whether he did wudu' after he broke it or not, then he must immediately break his prayer and renew his wudu'.
3) If he entered into the prayer believing himself to be in a state of wudu' and then, having remembered performing wudu' and breaking it, doubt occurs to him about which one occurred first, then he must break his prayer and renew his wudu'. This ruling is the same as that for case (2).
(NOTE: These rulings on doubt do not apply to the person who experiences these sorts every single day, even if that doubt only happens once a day)
The Things Prevented by Minor Ritual Impurity (Hadath)
66. What are the things that are prevented by minor ritual impurity?
There are five things prevented by minor ritual impurity:
1) To perform the prayer (wudu' is obligatory for all prayers, whether obligatory or sunna).2) To make tawaf of (circumambulate) the Ka'ba.
3) To touch a Qur'an, or even only a part of it (even a single verse). It is even forbidden to touch it through a covering or with a stick.
4) To write out the Qur'an, even a single verse.
5) To carry a Qur'an, even if it is held by a strap or carried on a cushion or chair or piece of cloth.
As for teachers and students of the Qur'an, they are permitted to touch the Qur'an, and write it out on the tablet (lawha) while in a state of minor ritual impurity, even if there are menstruating women amongst them. If, however, they are in a state of major ritual impurity (janaba), then they may not touch the Qur'an until they have performed ghusl or tayammum (see Chapter 4 for the rulings on when it is permissible to do tayammum for major ritual impurity). Someone who is memorising or reviewing from a copy of the Qur'an is included in the category of student (but not if he is reciting it with the intention of worship).
Similarly, it is permitted for someone in a state of minor ritual impurity, even someone in a state of major ritual impurity (janaba) or a menstruating woman, to carry an amulet which contains Qur'an inside if that Qur'an is fully covered and dirt may not reach it
(NOTE: There is a difference of opinion about whether it is permitted to carry the entire Qur'an in an amulet. It is safer to take the position it is not permitted. The ruling for amulets also include things like coins which have Qur'an written on them and other such things).
It is also permitted for the one in a state of major ritual impurity to carry a Qur'an in his luggage when on a journey, if he intends to carry his luggage and is not merely carrying it as something in which to carry the Qur'an (In other words he was going to carry the luggage anyway and is just using it as a place to store his Qur'an).
As for carrying, touching and reading tafsir, there is no prohibition in carrying, touching and reading it for someone in a state of minor ritual impurity or even for someone in a state of major ritual impurity (janaba), because it is not considered to be a copy of the Qur'an
(NOTE: If less than half the text in a book is Qur'an, then it is permissible to carry that book without wudu'.)
The Rulings on Omitted Elements in Wudu'
67. What is the ruling on someone who omits one of the obligatory or sunna elements of wudu'?
Obligatory Elements: If someone omits one of the obligatory elements of wudu' through forgetfulness and then remembers it after a short amount of time has passed, then he performs the element which he missed out and the obligatory elements after it, as it is sunna to perform the obligatory elements in their correct order. If, however, a long time has passed then he only makes up the omitted element. If he omitted the obligatory element deliberately, then, if only a short time has passed, then he does the same as the one who omitted the element out of forgetfuness (i.e. he makes up the element he missed out and those obligatory elements after it). If a long time has passed he must perform the entire wudu' again. If he prayed an obligatory prayer before remedying his wudu', then that prayer is invalid and he must make it up.
Sunna Elements: If someone omits one of the sunna elements of wudu' through forgetfulness, then he should make up that omitted element for future prayers. Any prayer which he performed before remedying his wudu' is valid and should not be prayed again. If he left it out deliberately, then it is recommended for him that he repeat any prayer he performed before remedying his wudu'. In the omission of a sunna element it makes no difference whether a long time has passed or merely a short time. What is meant by 'time' is explained fully in section 29.
67. What is the ruling on someone who omits one of the obligatory or sunna elements of wudu'?
Obligatory Elements: If someone omits one of the obligatory elements of wudu' through forgetfulness and then remembers it after a short amount of time has passed, then he performs the element which he missed out and the obligatory elements after it, as it is sunna to perform the obligatory elements in their correct order. If, however, a long time has passed then he only makes up the omitted element. If he omitted the obligatory element deliberately, then, if only a short time has passed, then he does the same as the one who omitted the element out of forgetfuness (i.e. he makes up the element he missed out and those obligatory elements after it). If a long time has passed he must perform the entire wudu' again. If he prayed an obligatory prayer before remedying his wudu', then that prayer is invalid and he must make it up.
Sunna Elements: If someone omits one of the sunna elements of wudu' through forgetfulness, then he should make up that omitted element for future prayers. Any prayer which he performed before remedying his wudu' is valid and should not be prayed again. If he left it out deliberately, then it is recommended for him that he repeat any prayer he performed before remedying his wudu'. In the omission of a sunna element it makes no difference whether a long time has passed or merely a short time. What is meant by 'time' is explained fully in section 29.
Making sure the penis is clean (istibra')
68. What is istibra', istinja' and istijmar?
It is obligatory for the one who goes to lavatory to thoroughly clean and remove all filth from the anus and urethra. This is known as istibra'. There are two types of istibra':
That done with water, which is known as istinja'.That done with stones (or toilet paper), which is known as istijmar.
69. What are the cases in which it is not enough to use stones and water has to be used?
There are six cases in which water has to be used. It must be used to remove the traces of:
SemenThe blood of menstruation
The blood of lochia (i.e. post-natal bleeding)
Woman's urine
Faeces or urine which has spread over a large area (in the case of urine if it has spread beyond the head of the penis and faeces beyond the inner buttocks).
Madhy.
(NOTE: Water must also be used in the case of male semen emerging from a woman's vagina)
70. What are the requirements for things which may be used for istijmar?
There are five requirements for that which may be used to remove impurities (other than water):
1. That it is dry, like stones, wood, paper, cotton and the like. The use of something wet like mud is not permitted.2. That it is pure. It is not permitted to remove impurities with something impure such as horse dung or the bones of animals which have not been slaughtered (in a halal fashion).
3. That it removes the impurity. It is not permitted to use something which is smooth, such as glass or marble (or plastic) as it does not remove the impurity.
4. That it is not harmful or dangerous to use. Therefore it is not permissible to use something such as a knife or sharp stone.
5. That it is not something that should be respected or honoured. It is not permissible therefore to use food, such as bread, or something which has been written on (even in non-Arabic) or gold, silver and gems, or someone else's property (even their plastered wall), to remove filth with as all these items have intrinsic value or are useful in themselves.
71. What is it recommended to do when going to the lavatory?
It is recommended for someone intending to use the lavatory:
To ready what he will use to remove impurity, be it water, paper, stones or anything else.To remove the impurity with an odd number of stones (or paper), if using them, up to a maximum of seven. Using more than that is no longer recommended.
To clean the urethra before the anus when using water.
To combine stones (or toilet paper) and water. The stones are used to remove the bulk of the impurity and then the traces and smell is removed by the water.
To use water if the one using the lavatory wants to confine himself to only one of the two methods of removing impurity. Water is better at removing impurity than stones and other things.
71. What is it recommended to do when going to the lavatory?
It is recommended for someone intending to use the lavatory:
To ready what he will use to remove impurity, be it water, paper, stones or anything else.To remove the impurity with an odd number of stones (or paper), if using them, up to a maximum of seven. Using more than that is no longer recommended.
To clean the urethra before the anus when using water.
To combine stones (or toilet paper) and water. The stones are used to remove the bulk of the impurity and then the traces and smell is removed by the water.
To use water if the one using the lavatory wants to confine himself to only one of the two methods of removing impurity. Water is better at removing impurity than stones and other things.
[NOTE: This list of recommended acts when using the lavatory is by no means exhaustative – there are many other things which are recommended such as; sitting when going to the lavatory, putting one's weight on one's left foot and raising the heel of the right foot (as this facilitates the ejection of faeces), using the left hand for istinja' and wetting it first, not being completely naked, not speaking except if you absolutely have to, entering with left foot and leaving with the right, not going to the lavatory in a public place (such as on the street) and saying the du'as whch has come down form the Prophet, may Allah bless him and grant him peace, for entering and leaving the lavatory (Before entering one should say "Bismillaahi, Allaahumma innee a'oodhu bika mina-l-khubuthi wa-l-khabaa'ith", which translates as "In the name of Allah, O Allah, I seek refuge with you from wicked people (i.e. shaytans from both jinn and men) and from impure things." After leaving one should say "Allaahumma ghufraanaka, Alhamdulillaahi-ladhee sawwaghaneehi tayyiban wa akhrajahu 'annee khabeethan. Alhamdulillaahi-ladhee adhhaba 'annee-ladhaa wa 'aafaanee" which translates as "O Allah, forgive me. Praise belongs to Allah, who entered it (i.e. food into my body) that which is wholesome and pure and made emerge that which impure. Praise belongs to Allah, who removed the impurities (or harm) from me and gave me well-being."