Category: It-haf al-Talib

The Book of Fasting (Ithaf al-Talib)

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ithaf talib fasting


With Ramadan approaching I thought it might be useful to upload a document I worked on back in 2009.  Please find a link to the excellent beginners text on Hanafi fiqh entitled Ithaf al-Talib along with its commentary Minhaj al-Raghib.  There are selections of this text on this site in a draft form, however I believe Shaykh Zaqir Adam from the Dar al-Arqam organisation in Leicester is working on a comprehensive translation of this text.

Book Of Fasting- Gift For Seeker v3

It-haf al-Talib: Fiqh Of Tayammum

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Salam.  I have been working occasionally on the wonderful beginners level aqidah-fiqh-tasawwuf text from al-Ahsa.  Those who have visited the blog in the past will have noticed that other sections from this work have been posted.  May Allah (the Exalted) give us tawfiq to complete this work.  A reminder: The text of  ‘It-haf al-Talib’ is in bold, and the other notes are based on the authors and editors commentary and footnotes. Please refer to other posts on the blog for more details about this blessed text.

Chapter on Tayammum

-In the sacred law (shariah) it is the intending the use of clean earth, and its use in a specific manner for the performance of an act of worship.

[Integrals of Tayammum]  Its integrals are two things:  1- The two strikes  2- Complete covering

[Conditions of Tayammum] Its conditions are six:  1- The intention[1] 2-The Wiping  3-That it be with three fingers or more  4-The soil  5-That it be clean  6-The absence of water

[Recommended Acts of Tayammum]  Its recommended acts are eight:  1-Striking with the inner part of the hands  2-Passing them forward  3-Passing them backwards  4-To dust them both off  5-To spread out the fingers  6-The tasmiyah  7 -Order[2] 8-Continuity.

[Reasons Permitting Tayammum]

One who is unable to use water Which is unqualified (mutlaq) and is of a sufficient amount to purify with due to it being a distance Even in a city of a mile Which is a third of a farsakh, 4000 steps, and is a cubit and half from the general cubit (aamah), which in turn is 24 fingers.[3]

or due to illness From which a person fears an increase in the illness or a delay in the healing based on a predominant view, or the opinion of an expert Muslim cold From which he fears harm or illness, even in a city, this is for a person in a state of major ritual impurity (junub)[4] if they do not possess the fees for a bath house (hammam).  If they do possess this then there is agreement that it is not permitted.  As for the person in a state of minor ritual impurity it is said tayammum is permitted for them.  Al-Aini said[5] in ‘Sharh al-Kanz’:  The correct view is that it is not permitted for a resident person in a state of minor ritual impurity to perform tayammum (i.e. if they possess enough money to use washing facilities).

fear of an enemy Whether it be a human or other, whether he fears for himself, his properties or trusts thirst Whether he fears it at that moment or in the future, or for a friend amongst fellow travellers, his riding animal even if it be a dog.  Likewise his need for it for making dough or the removal of filth[6]

absence of a means Such as a rope and a bucket, for all of the previously mentioned reasons performs tayammum, intending Purification from ritual impurity (hadath) upon his person.  It is not a condition to specify the removal of major ritual impurity (janabah) from the minor ritual impurity, or the making of the prayer permissible, or an intended worship[7] which is not correct without purification such as prayer and prostration of recitation.  Such that if a person made tayammum for the entry to a masjid, calling the adhan or iqamah he cannot perform the prayer with this tayammum.  The time of the intention is:  At the time of striking the hands upon that which the person will be making tayammum from, or at the time of wiping the body parts with dust which they have come in contact with.

with two strikes Even if it be from other than the person making tayammum.  So for example if he intends tayammum and orders another to perform tayammum on him it is correct/valid.

Note: If a persons face and arms come in to contact with dust during strong winds for example, or a wall collapses creating a large amount of dust in the air and the person wipes his face and arms accompanied by an intention then it will be correct.

covering Meaning with the wipe the face and hands along with the elbows[8] A person should remove the ring, rub between the fingers and wipe all of the skin and hair of the face even if The person performing tayammum is in a state of major ritual impurity (janabah) or menstruating Or in a state of post natal bleeding[9]

With a pure substance from the type[10]of the earth Such as dust, pebbles, stones, mountainous salt not sea salt.  If the dust is admixed with something else, if the dust is predominant then it is permissible, if not then it is not.

It is correct Meaning tayammum before The entry of the time Likewise one performance of tayammum and for more than one obligatory (prayer) Because it is regarded as absolute purity such as wudu.[11]

[Nullifiers Of Tayammum]

It is nullified by Referring to tayammum because it is a substitute for it and therefore takes its ruling That which nullifies wudu, And It is also nullified by the disappearance/absence of the reason which permitted it in the first place.  Thus if a person performed tayammum due to an illness it is nullified by his recovery.  Likewise due to cold when the weather is no longer cold or the absence of an enemy, or the presence of a means. to access water.  All of these are included in his statement:

The ability to use a sufficient amount of water For his purification even if only washing each part once.

Completion: It is compulsory to seek water for the distance of a ghalwah[12] which is 300 cubits[13] if he thinks it is close by[14]

[1] The difference between the Wudu and Tayammum such that the intention is not required as a condition for the validity of wudu, but however is a condition for the validity/correctness of tayammum is because wudu (and its like such as ghusl) is that they are performed with water which is cleansing substance by nature.  So when a person performing wudu or bathing uses water the desired aim of purification and cleanliness is achieved from the use of the water.  As for Tayammum it performed by the use of soil/dust which by its nature is a soiling substance.  However the sacred law has regared it as being a purifying substance due to need.  Therefore if any one of us were to wipe their face with soil/dust we would not know if this was a soiling or purification of our face except by the accompaniment of an intention.  Therefore it is necessary for the intention for the wiping of the face and hands/arms with dust as being an act of purification.  Maraqi al-Falah (p.660).

[2] That a person start with the face and then the hands/arms as was the practice of the Prophet (Allah bless him and give him peace).

[3] It is equivalent to approximately 50 centimetres, therefore based on this a farsakh would be 3000 metres, a mile would be a third of this and would be approximately 1000 metres.  According to Abu Yusuf (Allah have mercy on him) if the water is at distance such that if the person went towards it, performs wudu, and his caravan should depart and disappear from sight, it is defined as being distant and then tayammum becomes permissible (Ibn al-Hummam 1/85).  Some of the scholars defined it as that if ones voice would not reach a place, then it is regarded as being distant, see al-Mabsut of al-Sarakhsi (1/115).

[4] If there is surety of there being harm in the performance of wudu there is agreement that tayammum is permitted for him, because harm is repelled by statements of the sacred law. See Rad al-Muhtar ala Dur al-Mukhtar (1/156).  The basis for this is that which is reported by Imam Ahmad in ‘al-Musnad’ (3/204) from Ibn Abbas from Amr bin al-Aas that he performed prayer with the people whilst in a state of major ritual impurity.  When they came to Madinah they asked the Messenger of Allah (Allah bless him and give him peace) who questioned him regarding it.  He replied:  O Messenger of Allah I feared that the cold would kill me, as Allah (the Most High) has said: ‘Do not kill yourselves, Indeed Allah is Most Merciful with you’ so I performed tayammum and prayed.  At this the Messenger of Allah (Allah bless him and give him peace) laughed.

[5] He is Mahmud bin Ahmad bin Musa bin Ahmad bin Hussein bin Yusuf bin Mahmud al-Ayntabi, al-Halabi and then al-Qahiri, al-Hanafi.  Better known as al-Aini (Badr al-Din, Abul Thana, Abu Muhammad).  A jurist, scholar of Usul, Mufassir, expert in hadith, historian, grammarian, poet.  He was fluent in both Arabic and Turkish.  He was born in Kaykan on the 17th of Ramadan in the year 762 Hijri and passed away in Cairo in 4/12/855 Hijri.  From his numerous include:  His commentary of Sahih al-Bukhari in 21 volumes called Umdat al-Qari, Uqd al-Juman fi Tarikh Ahl al-Zaman in 19 volumes, Ramz al-Haqaiq fi Sharh Kanz al-Daqaiq in fiqh.  See Mujam al-Muallifin (12/150) and Fawaid al-Bahiyyah (p.205).

[6] Meaning more than a dirham in terms of size.

[7] Intended worship (ibadah maqsudah) is that which which is not obligated is the course of having to perform another act of worship.  See Bahr al-Raiq (1/157).

[8] Jabir reports from the Prophet (Allah bless him and give him peace) said:  ‘Tayammum is two strikes, a strike for the face, and a strike for the hands up to the elbows.’  Reported by al-Hakim in ‘al-Mustadrak’ (1/180).

[9] Meaning a menstruating and post natal bleeding woman both of whose bleeding has ceased.

[10] Everything which burns with fire and becomes ash such as leaves and wood.  Likewise everything which is malleable such as metal, gold, and silver.  Also everything which is consumed by the earth such as grains and seeds.  All of these are not regarded as being from the type of the earth.  All such objects/materials which are not like the above are to be regarded as being from the type of the earth.  Therefore all that which is not from the type of the earth is not permissible to make tayammum from if it is not covered in dust.  As for that which is from the type of the earth it is permissible to make tayammum from it even if it does not have dust on it with the condition that it is pure.  See al-Zaylai ala al-Kanz (1/38-39).  The basis for this are His (the Exalted’s) words:  ‘Perform tayammum from pure earth’.  The earth is defined as that which is apparent upon the land from its type.  And that which is from the hadith of Jabir: ‘…the earth was made a masjid and pure for me…’ reported by al-Bukhari (335) and Muslim (3).

[11] Because tayammum is akin to wudu due to the order in the noble verse where He (the Exalted) said:  ‘If you do not find water then perform tayammum with pure earth’ (al-Maidah:6) and His (Allah bless him and give him peace) saying:  ‘Dust is a purification for a Muslim even if it be for 10 Hajj’s if he does not find water’  reported by Abu Dawud (333) and Ibn Hibban (1308 ) al-Hakim (1/176-177 ) from Abu Dharr.  It was graded Sahih by al-Tirmidhi (124) who said it was Hasan Sahih.  I say:  However it is superior to repeat it for every obligatory prayer to remove oneself from the difference of opinion regarding the matter.

[12] Ghalwah:  It is the furthest point at which an archers arrow will fall.  From al-Layth:  a complete farsakh is 25 ghalwah, and from Ibn Shuja: a ghalwah is the distance of between 300-400 cubits. In modern measurements it would equal approximately 184.80 metres.  See ‘Mujam Lughah al-Fuqaha’ (p.334).

[13] Even by looking in its directions if it is evident by looking.

[14] Meaning has a strong view because it necessitates action in practical acts, as opposed to doubt for no ruling is built upon it.

Categories: Fiqh It-haf al-Talib

It-haf: What Necessitates Ghusl -Pt.9

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It Is Necessitated By:
– Meaning those matters which make it obligatory (fard) for a person to perform ghusl

– Meaning the appearance

of semen
– From the private parts, whether it be whilst awake or when asleep
The semen of a man is thick and white in colour[1], the semen of women is thin and yellow.

accompanied by desire,
– Meaning with pleasure, even if experienced during an erotic dream[2].
Therefore if a person finds that there is a flow of semen to the outside of the body due to being struck then ghusl is not compulsory.
Likewise it is a condition for ghusl to be compulsory that it be accompanied by desire at the time of its separating from its place in the body[3] even if it does not appear outside of the body.

inserting of the head of the private part[4]
– It is that which is above the area that is circumcised, even if it is entered with something covering it through which warmth can be sensed according to the correct opinion.

In the front and rear,
– Of a human

upon both of them,
– Meaning the doer and the one to whom it is done, regardless of whether ejaculation takes place

the one awakening to find
– Meaning one awakening knowing, or seeing on himself

– Whether he recalls an erotic dream or not

or pre seminal fluid,[5]
– If he recalls having an erotic dream, due to the possibility that it maybe semen which has thinned due to the atmosphere/weather[6]. It is a thin white fluid which appears when aroused.[7] If a person has an erotic dream and awakes to find not wetness but later pre seminal fluid exits from them, then they do not have to perform ghusl. If however semen was to exit then they must perform ghusl.

the end of menstruation and post birth bleeding[8]
– Meaning after purity from its filth by the ending of the menstrual cycle. If a woman gives birth and does not see any blood it is compulsory for her to perform ghusl according to Imam Abu Hanifah out of precaution, his two students however differed.

[1] Al-Zaylai adds in Tabyin al-Haqaiq (1/17) that its odour is similar to that of pollen.
[2] This same ruling also applies to women, see al-Mabsut by al-Sarkhasi (1/70).
[3] The place of semen in the body of a male is a males back, and a bone near the chest for a female. See al-Dur al-Mukhtar with al-Hashiyah (1/159).
Therefore if the semen appears without being accompanied by desire, such as if the person was to lift a heavy object, or is struck on the back and semen appeared, then they do not have to bathe. He (Taala) said: ‘And if you are junub then purify’, the junub is someone who fulfils his desire. See Fath al-Qadeer (1/41-42).
[4] Muslim (1/56) reports from Aishah (ra) ‘the Messenger of Allah (s) said: ‘…If the two circumcised parts encountered each other, ghusl is obligatory’.
[5] Pre Seminal fluid (madhi) is that which appears at the time of foreplay etc.
[6] The person awakening from their sleep but does not recall having an erotic dream, and finds on their clothing or bedding or body semen, there is agreement that they must perform ghusl.
As for if a person awakes to find pre seminal fluid (madhi), if they recall having an erotic dream there is agreement that they must perform ghusl.
Likewise if they have a doubt if it is semen or pre seminal fluid along with their recalling having had an erotic dream. This is because of the possibility that the fluid that is found may have been semen but has thinned due to the atmosphere/weather, and therefore this fluid is regarded as semen out of precaution.
If the person awakening is certain that the fluid found is pre seminal fluid (madhi) there is agreement that it is not compulsory to perform ghusl.
If the person awakes and does not know if the fluid found is semen or pre seminal fluid and also do not recall having an erotic dream it is compulsory to perform ghusl according to Abu Hanifah and Muhammad bin al-Hasan, because of the possibility of it exiting accompanied by desire, then the person forgot and the semen was thinned by the atmosphere, in difference to the view of Abu Yusuf. The scholars mentioned that Abu Yusufs position is more in conformity with analogy (qiyas) and Abu Hanifah and Muhammad bin Hasans position is more precautionary. The details for this discussion can be found in Fath al-Qadeer (1/42).
[7] The corresponding fluid excreted by women is called al-qathi as mentioned by al-Zaylai (1/17) and Ibn Abidin (1/122). Al-Shalabi (1/17) mentioned that it is called al-taqthi.
As for al-Wadi: it is a thick fluid which exits after a person urinates. Ibn Abidin (1/122) mentioned that it is a white thick fluid which appears after urinating.
For both al-madhi (pre seminal fluid) and al-wadi ghusl is not required, rather wudu is perfomed. Sharh al-Kanz by al-Zaylai (1/17).
[8] The evidence for the necessity of ghusl are His (the Exalted) words: ‘Do not go near them until they purify’ [al-Baqarah:222], purifying here refers to bathing (ghusl). Post birth bleeding is regarded being like menstruation due to consensus (ijma) and analogy to menstruation. Fath Bab al-Inayah (1/79).

Categories: It-haf al-Talib

Its All About Sincerity

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Imam Zaid Shakir recently said “Its all about sincerity”. Invaluable advice for all of us working on the “Islamic Scene”.

A quote from Sheikh Ibrahim bin Hasan al-Mulla, as quoted by another great scholar of the al-Mulla family, Sheikh Abu Bakr al-Mulla in Minhaj al-Raghib p.37:

When action is of no benefit without sincerity, one of the actions being seeking knowledge. It is not befitting for a sane person to waste his life in action which does not benefit. Therefore he should strive to purify his intention of seeking knowledge for Allah Taala. This is by the student intending by his seeking of knowledge the pleasure of Allah Taala, the next world, removal of ignorance which the sacred law and intellect hold to be repugnant from himself and all those who are ignorant. He should also intend the revival of the religion and preserving of Islam, for the preservation of Islam is by means of knowledge.

Taqwa, worship and travelling to Allah taala is not correct when ignorant due to that which is related in some reports that: ignorance is closer to disbelief (kufr) than the whiteness of the eye is to the black. We ask Him (Glorified be He) to guide us to the path leading to Him, and to bless us to travel towards Him in the manner that He is pleased with, by means of His generosity and kindness

Categories: It-haf al-Talib Other