CLASS #2 - Delivered on February 18th, 2006


Book: Purification

Chapter 1 - Water


كتاب الطهارة
بابٌ الْمِياهُ:
الماء طاهر ومطهِّر.
لا يخرجه عن الوصفين إلا ما غيّر ريحه أو لونه أو طعمه من النجاسات، والثاني ما أخرجه عن اسم الماء المطلق من المغيرات الطاهرة.
ولا فرق بين قليلٍ وكثيرٍ، وما فوق القُلَّتين وما دونهما، ومتحركٍ وساكنٍ، ومستعملٍ وغيرِ مستعمل


The Shaykh حفظه الله said: The author (ash-Shawkaani) رحمه الله begins with the Book of Purification, the chapter of Water.


Water is pure and purifies.
الماء طاهر ومطهِّر
  • Water is pure as Allaah سبحانه و تعالى says in the Qur’aan:
    وَيُنَزِّلُ عَلَيْكُم مِّن السَّمَاء مَاء لِّيُطَهِّرَكُم بِهِ
    {He caused water (rain) to descend on you from the sky, to clean you thereby } [Al-Anfaal 8:11]

    This water comes from the sky and Allaah سبحانه و تعالى has preserved it in the earth, so it is pure. Likewise, water found on the earth’s surface is also pure once it doesn’t mix with a matter from najaasah (impurity) such that it changes its innate characteristics – This is according to the ijma’a (consensus) of the People of Knowledge.
  • Also, it purifies i.e. it can be used for purification e.g. washing of the dead body, wudu’, ghusl from major impurity and other similar acts of purification in the Deen.
  • Nothing deprives it from its natural pure state except mixing it with an impurity that changes its smell, taste or colour.



Introduction of impurities that changes its state

لا يخرجه عن الوصفين إلا ما غيّر ريحه أو لونه أو طعمه من النجاسات

  • The author continues… When an impurity is introduced such that the smell, taste or colour is changed then the water becomes impure and it is not permissible to use this water for purification. The consensus of the scholars is that this water is impure.
  • If it is mixed with something which is not impure e.g. colouring, food or juice such that its colour changes to the colour or food or drink, then water is still pure but can it be used for purification? This has some details to it.



Introduction of a pure substance that changes its state

  • If mixed with pure substances e.g. substance made from roses, or sugar then it is not pure water anymore and takes name of thing it is mixed with e.g. Rose-water or sugar-water. However, the water itself is not impure, but it cannot be used for purification. This is what has been established by more than one from the ‘Ulema رحمهم الله and this is what is correct.
  • If water loses one of its characteristics it is permissible to make tayammum.
  • If the water was a small quantity and was mixed in a pot or container with a pure stuff e.g. placed in container used to mix dough, which was washed but a small bit of the dough remained and the water was then added – this water can be used to make wudu’, provided that the bit of dough did not cause a change in colour, smell or taste of the water. If there was a change in one of these qualities then the water cannot be used for purification.



There is no difference between a small or large quantity of water when an impurity is added 

  • There is no difference between the quantity of water when mixed with an impurity. If it is a little or a large quantity of water it becomes impure once mixed with an impurity that changes the taste, smell or colour. If there is no change to these qualities then the water remains pure.
  • The criterion is based on the changing of one of the qualities. As long as the impurity mixes and changes one of the three characteristics then the water becomes impure whether in small or large quantity. If the characteristics are not changed then the water remains pure.



Difference amongst People of Knowledge concerning this (Qty of water)

  • People of knowledge differ concerning the quantity of water when an impurity is added.
  • The closest to this is what occurs in the hadith of the Prophet صلى الله عليه و سلم: “If there is enough water to fill two Qullah (large earthen pots that carry about 100kg of water), it can carry no impurity”[1]. The Shaykh حفظه الله says that he understands this hadith - if the water is less than this and an impurity is entered into it, it becomes impure even though none of the three characteristics are changed. However, this hadith is not to be used as a proof for this, as the People of knowledge have differed concerning this.
  • Imaam Shafi’ee رحمه الله said that the Qullatayn – two earthen pots, are like five pellets (the skin of a dead animal after it was tanned) which the people used to use. If it (words unclear) the two earthen pots then they considered that it was not impure, and what may be understood is that (quantity) which is less than that becomes impure – this statement is weak. What is correct is that the water is pure once nothing changes any of the three characteristics. This is the most correct statement of the ‘Ulema and the Muhaqqiqeen (the scholars who verify and authenticate), and it is also the statement of ibn Abbas رضى الله عنهما.
  • The issue is whether the impurity changes at least one of the characteristics. There is no difference regarding the quantity – whether small or large. For example, water placed in a small pot such as a teapot which has some urine mixed with it such that it does not change any of the characteristics then it is still pure and can be used for purification.
  • Shaykh-ul-Islaam Ibn Taimiyyah رحمه الله said in his book Al-Masaail al-Maaridiniyyah the like of this. He chose this opinion and gave the example of rain water that falls upon the earth and which may mix with the faeces of humans or animals and then runs and mixes with the earth – this water is still pure and can be used to make wudu’ or take a bath. Therefore the point to note is that there are differences amongst the People of Knowledge on this issue of the quantity, but in reality the issue is not whether the water is in a small or large amount but whether the impurity changes the taste, smell or colour of the water thus rendering it impure.



There is no difference whether the water is flowing or stagnant

  • The author رحمه الله then mentions that there is no difference whether the water is flowing or stagnant – the ruling is the same.
  • Some People of Knowledge may use the hadith as proof where the Prophet صلى الله عليه و سلم said: “None of you should take a bath in stagnant water after he urinates in it.”[2] Some of the people say this means that stagnant water becomes impure. Actually the water is still pure once none of the three characteristics have changed by the introduction of the impurity. This is whether the water was stagnant or flowing.



There is no difference whether the water is used or unused

  • Likewise Imaam ash-Shawkaani رحمه الله said that there is no difference if the water is a small or large quantity unless a characteristic has changed – the same principle applies for water that is used or unused. There is no difference between water that is used or unused unless a characteristic has been changed.
  • For example, if water was used for taking a bath and one or more of the characteristic has changed then the water is impure and cannot be used for purification, if it is unchanged then the water is pure and can be used for purification.



Difference amongst People of Knowledge concerning this (whether used/unused)

  • The ‘Ulema have differed over this. What is correct is what has been established by the imaam رحمه الله in his book.
  • For example, when the Prophet صلى الله عليه و سلم used to make wudu’ the companions used to compete and almost fight one another for the drops of water that came from the lips of the Prophet صلى الله عليه و سلم when he made wudu’. They used it as a blessing to wash themselves with it or their hands, or rub their faces with it seeking Allaah’s Blessings.
  • There are some points to be noted:
    1. If the water was impure he صلى الله عليه و سلم would have drawn their attention to it and mentioned it to them.
    2. Some say the water was still pure because it was the Prophet صلى الله عليه و سلم – to those people we say what is your daleel for this?
    3. If the water became impure by being used, then the clothes etc. that it touches would become impure as well.
    4. The Prophet صلى الله عليه و سلم said to the one affected by the evil eye that the one who cast the evil eye (if he is known) should make wudu’ and then give it to the afflicted person who would make ghusl with it.[3]. Therefore that water is not impure. And the Prophet صلى الله عليه و سلم said “Indeed Allaah سبحانه و تعالى did not make any cure for my Ummah from that which is impure or that which is haraam and not permissible”[4].
  • Therefore as ash-Shawkaani رحمه الله mentioned in his book, the water that is used remains in its natural pure state once an impurity that mixes with it does not change at least one of its three characteristics – smell, taste or colour.



Questions & Answers


1. Question: Is it permissible to form an e-mail group for sisters only, where they could share different Islamic articles, inform about telelinks of the ‘ulama, lectures given by the salafi du'aat, and advise one another in aspects dealing with children, marriage, and the likes?
Answer: It is obligatory upon the Ummah, especially in these times to make use of this technology especially as the internet is used to disseminate and spread evil. So, Inshaa Allaah it is necessary that we use it in a good way so as to benefit the people and the Ummah of Muhammad صلى الله عليه و سلم. It is well known that he صلى الله عليه و سلم used to set aside particular days for benefiting and admonishing the women. Inshaa Allaah this will be a blessed effort that will especially benefit the children and the people in general. It is incumbent upon us to utilize the means we have available so that the good could reach the people.


2. Question: When my child was born I had him circumcised. I noticed a few days after the circumcision that he still had some skin over the head of his private part. I was told that he was just fat around that area, so I did not give it any notice until recently. He is two years old now. The skin is still around the head of his private part. Should I go to a doctor who specializes in circumcision to get him circumcised again?
Answer: If the skin is big such that the urine (which is impure) gets caught in it, then go to the doctor and have him circumcised again as he is still young and this will be easy for him. Even if the child reaches the age of puberty and the skin which remained there facilitates the accumulation of urine then he should be circumcised. If it is small such that it will not accumulate the urine then there is no need for the piece of skin to be removed. If he is older and may be afraid that he may be harmed by going through the surgery or that it may have some impact on his intimate life with his wife then it is not necessary inshaa Allaah.


3. Question: I asked my husband for a khula’[5] and I never gave him his dowry back - are we still married? We want to get remarried but want to know are we still married as I did not return the dowry to my husband.
Answer: Yes, the women must give back the dowry for the khula’ to be valid. If they agreed that he would give her the khula’ and she agreed to return the dowry and she did not return the dowry then (words unclear). Khula’ takes place once the woman returns the dowry, even if not at that moment, but at a later date.

After her ‘iddah (waiting period) is over she may marry another man and even the same man with a new marriage contract. Returning the dowry is a condition for the khula’ to be established. If the man does not want the dowry then it takes the ruling of a divorce. If they agree and he wants the dowry returned, and she does not give back the dowry even after 5 yrs, it is still binding upon her to return the dowry. In this case she may still marry another man once her ‘iddah has been completed, but she must still give back the dowry as it was a condition. If she refuses he can go to the Judge in order to get it back from her. If the wife requested a khula’ and the husband said that I don’t want the dowry back rather I will divorce you – then this takes the ruling of a divorce and is not a khula’. Attention must be paid to this.


4. Question: There are many single sisters here in the United States who have financial problems and are unable to pay their bill and provide food and clothing for their families. Is it permissible to organize a group that will take care of these responsibilities or accept donations?
Answer: Actually this does not just pertain to women, if there are also men in the community who are in hardship and in need of money and items to survive then it is incumbent upon the Muslims to cater to the needs of these people. For example an account can be set up into which is put donations, zakaat etc. to be used to help these needy and poor people. As mentioned in the Qur’aan the sadaqah and zakaat are to be given to various groups of people which include the poor. If you are not in a Muslim country where there is no Bayt-ul-Maal for the Muslims then it is incumbent upon the righteous amongst you and those upon whom Allaah سبحانه و تعالى has bestowed wealth, to come together so that they can gather the donations, zakaat etc. in order to help these people. There is no doubt this is from the good and righteous actions, and Allaah سبحانه و تعالى loves those who spend from their money like He سبحانه و تعالى says in surah al-Baqarah:
مَّثَلُ الَّذِينَ يُنفِقُونَ أَمْوَالَهُمْ فِي سَبِيلِ اللّهِ كَمَثَلِ حَبَّةٍ أَنبَتَتْ سَبْعَ سَنَابِلَ فِي كُلِّ سُنبُلَةٍ مِّئَةُ حَبَّةٍ
{The likeness of those who spend their wealth in the way of Allâh, is as the likeness of a grain (of corn);
it grows seven ears, and each ear has a hundred grains…}
[Al-Baqarah 2:261]

There is no doubt that this is a good, recommended effort. Rather at times it becomes obligatory upon the Muslims to come together to create the like of these things to assist and help ease the hardship of these people.


5. Question: Regarding the celebration of a sister who intends to marry – can we host a gathering that will include henna for the bride and (words unclear) and the serving of a meal and bringing gifts for the bride?
Answer:
----- The audio was interrupted and the answer was not translated -----


6. Question: Is it permissible to put up posters in the masjid, be it in front of the musalleen (those praying) or behind them. Some posters have teaching benefit and some have contact numbers, hadith and ayaat?
[indent]Answer: I have always said that the like of these things mentioned in the question – writing aayaat on walls in front of the musalleen towards the qiblah is no doubt a mistake. Likewise announcements should not be hung on the walls in front of the musalleen towards the qiblah. None of this is correct, and it should not be done, especially towards the pillar of the musalleen. The Prophet صلى الله عليه و سلم used to say that nothing should be in front of the person praying to distract him from the salaah. In a hadith it mentions that Ayesha رضى الله عنها hung a curtain which had images and the like of this and the Prophet صلى الله عليه و سلم said to her to remove the curtain because it distracted him صلى الله عليه و سلم from concentrating in his salaah.[6]

Likewise, it is not fitting that anything should be written on the walls of the Masjid, or hung on them as it is in opposition to the Sunnah of the Prophet صلى الله عليه و سلم and his صلى الله عليه و سلم command. It is permissible to hang the prayer schedule on the door of the masjid at the entrance, not inside the masjid. Likewise, any other announcements e.g. for lectures etc., or pamphlets that admonish the people or teach them (but not business announcements etc.) if it benefits the masjid may be put up outside the masjid.


7. Question: Is it permissible for man to bring children to masjid whether they are loud or quiet.
Answer: Firstly, if the children’s mother wants to come to the masjid and there is no babysitter etc. and they could not leave them in the house alone as they fear for them, and they have no other way but to bring them with them, then it is permissible even if they scream, cry etc. The women at time of the Prophet صلى الله عليه و سلم used to bring their children and he صلى الله عليه و سلم used to hear the babies crying and he صلى الله عليه و سلم would make the salaah light so the mother would not worry about her child. [7] This is from the mercy of the Prophet صلى الله عليه و سلم.

So it is okay for the young children who have manners and know the manners of the masjid to be brought to the masjid. Even though some of the People of Knowledge dislike the fact that the young children should come to the Masjid and be amongst the rows and ranks of those praying unless they be above the age of 7, what is correct is that even if they are below the age of 7 and they are well-behaved then it is okay for them to be in the ranks of the musalleen even if they are in the 1st row inshaa Allaah. If they are badly behaved and run and scream and they disturb the people then this is not permissible to bring them to the Masjid because in this case they disturb the Muslims, and the people who bring children that do this will be sinning in doing this.


8. Question: Is it permissible to hold programs which include dancing with nasheed and regular music like pop, rock, soul music etc. In these programs there may be non-Muslims present as well and the youth perform dances to the music of the nasheed?
Answer: As for dancing, no doubt it is not permissible for men whatsoever. This goes against the manly actions. Unless the man is doing some movement for exercise, sports and the likes of this then it is permissible, but for a man moving his body to the right and the left etc. then this is not permissible and not from manhood – it is actually from the actions of the women, and the Prophet صلى الله عليه و سلم has prohibited the men from imitating the women.

As for music it is not permissible for men or women likewise. However, it is permissible for women to use the duff at the time of marriage. If the females are very, very young girls the men may listen to them but if they are grown-up women then it is not permissible for the men to mix with them. They have to be very careful that they do not sing about things that may stimulate the desires, and they must stay away from lies and things like this. As for using music – it is not permissible for men or women. This issue is because listening to music and using statements that stimulate the desires may lead to faahisha – lewd, wicked and despised acts, and Islaam shut all the doors to things that lead to faahisha.

As for the Muslim women mixing with non-Muslim women and singing and dancing etc. – it is not permissible. This is because the Non-Muslims have no manners – they do not adorn themselves with the manners of Islaam. They sing anything, dance to anything etc, so mixing with them is not permissible in this case.


9. Question: Can you give some advice to the Muslims in the West concerning making takfeer of other Muslims (i.e. saying that someone is a disbeliever). Also, what is the ruling on the Muslims who leave off the salaah?
Answer: The principle that should be used is that the Muslims should be one group, one community, one jama’ah. Therefore, it is not permissible to say to another Muslim “you are a kaafir” or a mubtadi etc, except that the disbelief and innovation has been made clear in certain cases. Even if you see someone doing an act of disbelief or bid’ah etc then the first thing is to advise him and to try to change their evil, as the Prophet صلى الله عليه و سلم said “whoever amongst you sees an evil let him change it with his hand …”[8] to the end of the hadith.

The first issue for example, in application of this hadith is if some of my children who live under my care and authority are doing something bad then I can use strength to try to change them and make them abandon the bad thing and return to the truth. If they do an act of disbelief we ask them to repent to Allaah سبحانه و تعالى so they can stay away from the evil act.

If someone made a statement of disbelief and you rush to label him as a disbeliever and he is ignorant of what he has said, then this is not right. Rather you teach the people – be kind and gentle and teach the people the correct way. If he accepts the advice then alhamdulillaah this is good, if he rejects the advice then he becomes a disbeliever. If after rejecting the advice you know that he wants to marry a woman then you should go to the people in charge and mention the matter to them. Likewise, the innovator is dealt with in the same manner, especially since we do not have a Muslim government this is how the people should be dealt with. If one made a statement of kufr, was advised but rejected the advice then he will not be allowed to be in the masjid with the Muslims.

On another note, if one does bid’ah that does not take him out of Islaam then advise him. If he persists warn against him and his innovation. If we remain silent then the Deen becomes mixed with these innovations and the people will not know what is right from wrong, truth from falsehood etc. Rather, we need to stand firm to protect the Deen and teach the people. When the Prophet صلى الله عليه و سلم was in Makkah he صلى الله عليه و سلم denounced the kufr and mentioned to the people that this is an evil act, and Surah al-Kaafiroon is the best of examples. Likewise we warn against the actions and statements of disbelief and innovation. In the West we warn against the statements and actions and we do not mention names. However, in the Muslim countries after you advise the people and they do not listen then you can go to the authorities and inshaa Allaah they will deal with them.

--- And this is where the class ended ---


References and Notes

[1] Reported by At-Tirmidhi 1/97 in Kitaab at-Taharaah (#67), Sunan an-Nasaa’ee 1/175, 1/46 in Kitaab at-Taharaah (#52, #328). Shaykh al-Albaani says Saheeh.
إِذَا كَانَ الْمَاءُ قُلَّتَيْنِ لَمْ يَحْمِلِ الْخَبَثَ

[2] Reported by Muslim Vol. 1 in Kitaab at-Taharaah (#283)
لا يغتسل أحدكم في الماء الدائم وهو جنب فقال كيف يفعل يا أبا هريرة قال يتناوله تناولا

[3] Reported in Sunan ibn Maajah 2/1160 in the Chapter on ‘Ayn (#3509). Shaykh al-Albaanee says Saheeh.
مر عامر بن ربيعة بسهل بن حنيف وهو يغتسل فقال لم أر كاليوم ولا جلد مخبأة فما لبث أن لبط به فأتي به النبي صلى الله عليه وسلم فقيل له أدرك سهلا صريعا قال من تتهمون به قالوا عامر بن ربيعة قال علام يقتل أحدكم أخاه إذا رأى أحدكم من أخيه ما يعجبه فليدع له بالبركة ثم دعا بماء فأمر عامرا أن يتوضأ فغسل وجهه ويديه إلى المرفقين وركبتيه وداخلة إزاره وأمره أن يصب عليه قال سفيان قال معمر عن الزهري وأمره أن يكفأ الإناء من خلفه

[4] Shaykh al-Albaani says Saheeh in Ghaayatul Maraam. Imaam al-Bukharee mentions it as part of a chapter heading.
قال ابن مسعود في شأن المسكر : إن الله لم يجعل شفاءكم فيما حرم عليكم

[5] Divorce requested by the wife, in return for a monetary compensation to be paid by the wife to the husband.

[6] Reported by Bukaaree Vol. 1 in Kitaab as-Salaah (#366) and by Muslim in Kitaab as-Salaah Vol. 1 (#556)
أن النبي صلى الله عليه وسلم صلى في خميصة لها أعلام فنظر إلى أعلامها نظرة فلما انصرف قال اذهبوا بخميصتي هذه إلى أبي جهم وأتوني بأنبجانية أبي جهم فإنها ألهتني آنفا عن صلاتي وقال هشام بن عروة عن أبيه عن عائشة قال النبي صلى الله عليه وسلم كنت أنظر إلى علمها وأنا في الصلاة فأخاف أن تفتنني

[7] Reference pending

[8] Reported by Muslim Vol.1 Kitaab al-Eemaan (#49)
من رأى منكم منكرا فليغيره بيده. فإن لم يستطع فبلسانه. ومن لم يستطع فبقلبه. وذلك أضعف الإيمان