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Home -> Endless Bliss Fascicle-4 |
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Ibni Abidin writes at the beginning of the chapter on Essential Conditions for Salat (namaz): "There must be no najasat or impurity on the body, on the clothes of a person making salat (prayer) or on the place where he prays. A kerchief, a headgear, a skull-cap, a turban, mests and nalins (pattens) are considered clothings. Since the hanging part of a scarf wrapped around one's neck moves as one moves when performing the namaz, it is included with the clothes, and the namaz will not be accepted if the rest of the cloth is not clean. When those parts where one steps and puts one's head on the cloth spread on the ground are clean, the namaz will be accepted if the rest of the cloth is not clean. When those parts where one steps and puts one's head on the cloth spread on the ground are clean, the namaz will be accepted even if there is najasat on its other parts. For the cloth, unlike the scarf, is not united with the body. A child with clothing smeared with najasat, a cat, a bird, or a dog salivating from its mouth does not nullify one's namaz when they sit on one's lap. For they stay there themselves. But if one holds them on one's lap, shoulder or so on, one has carried them, and this nullifies one's namaz. One's namaz is not nullified by holding a wild animal that does not produce saliva, a clean animal such as a cat, or a child on one's lap, if their outer parts are clean. For the najasat in them is contained where it is produced. Likewise, the najasat and blood of a person who is performing namaz are contained wherein they are produced. So is the case with carrying blooded eggs in one's pocket. Because the blood in the eggs is encased where it is produced, it does not nullify one's namaz. But the namaz of a person carrying urine in a closed bottle is not accepted. For the bottle is not the place where the urine is produced. This is also written in Halabi al-Kabir. [Hence it is not permissible to perform namaz while one has a closed bottle of blood or tincture of iodine or a closed box containing a bloody handkerchief or a piece of cloth smeared with najasat equaling more than a dirham (3.365 grams) in one's pocket.] The places where one's two feet step and where one puts one's head must be clean. Even if the cloth on which one prostrates is small, the namaz will be accepted even if its other parts are foul. The namaz performed on cloth, glassware [or nylon] spread or put on najasat is accepted. There is no harm done if one's skirt touches some dry najasat when prostrating. If one raises one of one's feet because there is najasat under it and performs the namaz on one foot, the namaz will be accepted if the place where one stands is clean. There are many Islamic scholars who say that the places where the hands and knees are put need not be clean. If one prostrates on one's hand, the place where one puts one's hand must be clean. Any solid najasat on one's skin or clothes and fluid najasat such as urine and blood, even if it is on the mests, can be cleaned only by washing. Soil smeared with some fluid najasat, such as blood, wine [alcoholic liquids], urine, is equated with solid najasat. When solid najasat is on a belt, a bag, mests or shoes, it can be cleaned by crumbling, wiping. Solid or fluid, any najasat on things not absorbent, but smooth and shining, such as glass, mirrors, bones, nails, knives, painted or varnished furniture, becomes clean when it is rubbed with the hands, soil or any clean thing until it loses three peculiarities (color, odor, taste). When a bloody knife or a sheep's head is held over a fire until the blood disappears, it becomes clean. When any soil on which some najasat has fallen is dried by the wind and loses its three peculiarities, it becomes pure and one can perform namaz on it. But it cannot be used for tayammum. If any cloth, mat, clothes or one's skin were on the soil, these will not become clean when they dry. When these are smeared with najasat, they must be washed before the namaz. Bricks, faience paved on the ground, grass, trees growing in soil, rocks, like soil, become pure when they dry. When dried semen is rubbed off its place the skin becomes clean. If the semen is wet, or if it is blood, whether wet or dry, the clothes or the skin (on which it is) must be washed. Depending upon the kind of the najasat and the place smeared with it, there are over thirty different ways of cleaning. When soap is made from any oil mixed with najasat or from the oil of a carrion, a foul animal or a pig, it becomes clean. So is the case with all chemical changes. Bread can be baked in an oven that was made with foul water. Things made from najs [foul] earth, such as jugs and jars, become clean when they are taken out of the furnace. If the qaba najasat is not as much as one dirham or more on one's skin or clothes or on the place where one performs the namaz, the namaz will be accepted. But if there is as much as a dirham it is tahrimi makruh and it is wajib to wash it. If it is more than a dirham it is fard to wash it. If it is less than a dirham it is sunnat to wash it. Some scholars say that it is fard to wash away even a drop of wine. According to the other three Madhhabs, it is fard to wash even a mote of any qaba najasat completely. [In Maliki Madhhab, according to a second report, najasat is not a problem for performing namaz. Cleaning it is sunnat. It is written in Ma'fuwat that the najasat left after istinja is allowable in Shafi'i Madhhab]. Najasat is measured according to how much najasat is on a person when starting to perform the namaz, not when he is smeared with it. A dirham is a weight of one mithqal, that is, twenty qiraat, that is, four grams and eighty centigrams, of solid najasat. With fluid najasat it is an area as large as the surface of the water in the palm of one's open hand. When solid najasat less than one mithqal is spread over an area larger than the palm of a hand on one's clothes, it does not nullify the namaz. THERE ARE TWO KINDS OF NAJASAT : - Qaba (ghaliz) najasat: All things that necessitate an ablution or ghusl when they issue from the human body, flayed but not tanned skin, flesh, excrement and urine of those animals whose flesh cannot be eaten [except a bat] and of their young; excrement, urine and mouthful vomited matter of a sucking baby; blood of man and of all animals; wine, carrion, pork, excrement of domestic fowls, excrement of pack animals and sheep and goats are ghaliz, that is, qaba. blood is qaba najasat in all the four Madhhabs. Semen, mazy and the turbid white, thick liquid called wadi that issues after urination are qaba najasat in the Hanafi and Maliki Madhhabs. Only semen is clean is Shafi'i, and all three of them are clean in Hanbali. A cat's urine, only on one's clothes; a martyr's blood, as long as it remains on him; blood that exists in and does not flow out of edible meat, livers, hearts and spleens; blood of fish; excrement and blood of lice, fleas and bed-bugs are all clean. In other words, it is said (by scholars) that namaz can be performed even when one is smeared with a great deal of the above. All intoxicant drinks, like wine, are qaba najasat. The words of those who say that they are khafif (light) najasat are daif (weak). It is written in Halabi al-Kabir, Maraq-il- falah and in the Turkish Nimat-i Islam that raki (spirit) is najasat-i ghaliza. 2 - Khafif najasat: When one-fourth of a limb or a fourth of one's clothes is smeared with khafif najasat, it does not negatively affect the namaz. The urine of edible quadruped animals and the excrement of those birds whose flesh is not edible are khafif. The excrement of such edible fowls as pigeons and sparrows is clean. Even if a small amount of a mouse's excrement or its urine falls into water or oil, although it has been forgiven, it will be better to clean it. If a small quantity of it gets mixed with wheat and becomes flour, it has been forgiven. With respect to cleaning and making najs when dropped into a liquid, there is no difference between qaba najasat and khafif najasat. Drops of urine and blood splashing on one's clothes equalling the point of a pin, drops of mud splashing on one in the streets, steams consisting of najasat, gases coming on one after they have touched some najasat, wind or steam that is formed in stables and baths, and drops that are formed on walls are all excusable when they touch one's clothes or wet skin. Because it is difficult to avoid them, they have been deemed darurat. But liquid obtained from distilled najasat is najs. For there is no inevitability in using it. For this reason, raki and spirit (alcohol) are qaba najasat and, like wine, it is haram to drink them. [The fact that raki and spirit are najs and haram is written in Maraq-il-falah and in its Tahtawi annotation. Then when performing namaz, the alcoholic drinks and medicines, such as lotion, spirit and tincture of iodine, which have been used without darurat, must be cleaned from one's clothes and skin. Please see chapter 42 in the Second Part of the Turkish original.] food cooked on a spirit-cooker does not become najs. [It is written at the end of the chapter on Istinja in Durr-ul-mukhtar: "In a mixture of soil and water, if either of them is clean the mixture, i.e. the mud, becomes clean. The fatwa is likewise." The same is also written in the fourth rule of the Ashbah. Ibni 'Abidin, while explaining Durr-ul-mukhtar, writes: "It is written in Fath-ul-Qadir that most of the 'ulama (scholars) stated so. It is written in Bazaziyya that they gave a fatwa accordingly. Imam Muhammad Shaibani said the same. There are also some 'ulama who said that the mud becomes najs. According to them, the mixture of clean soil and fertilizer is clean because there is a necessity in it." As it is stated in Targhib-us-salat, [according to some scholars], plaster mixed with dung is considered clean if it is made with clean water and the amount of dung is less than the amount of mud. Please see paragraph 6 in the 69th chapter of the First Part of the Turkish version! If one of the two substances in a mixture prepared due to some necessity is clean and there is a haraj in using a clean one instead of the najs one, it is understood that, according to the former group of scholars, the mixture will also become clean. The medicines with spirit, eau de cologne, varnish, ink or paint are in the same category. It is written in 'Al- fiqh-u 'alal-madhahib-il-arba'a and in the Kamisli edition of the annotation by Sulaiman bin 'Abdullah Si'ridi (rahmat-Allahi ta'ala alaihima) to Al-ma'fuwwat by molla Khalil Si'ridi, 1368 [1949], that the najs liquids used to improve the medicines and perfumes are forgiven in the Shafi'i Madhhab. It is writ ten in both of these books and in Endless Bliss II, chapter 1, that it is permissible to follow the daif (weak) report when there is a haraj. Therefore, in cases of difficulty, it is permissible for Hanafis and Shafi'is to perform namaz with those mixtures on them in excess amounts. It is written at the end of the chapter about Tawakkul that a medicine considered to be clean cannot be taken without a darurat]. An ammonia compound formed from ammonia gas issuing from najasat is clean. If dust and flies land on some najasat and then leave it and then land on one's clothes or on water, they do not make them foul. It is sahih that the mud that a dog steps on does not become najs. [It is written at the end of the book Al-Hadiqa: "If a person's dress is stained with najasat and he forgets the site of the stain and washes the part he supposes to be stained, his dress is accepted as cleaned. If a person walks on a najs surface while his feet are wet, his feet do not get najs on condition that the najs surface is dry; but if the surface is wet and his dry feet get wet, they become najs. If the place where a dog has lain in a mosque is dry, that place is not najs; if it is wet yet no trace of najasat is seen, it is not najs, either. The thawab for the namaz performed with shoes on is far more blessed than that performed with bare feet. It is the same with shoes worn in the street if no najasat is seen on them. One should not pay attention to doubts. Dresses, carpets, and similar things bought from a seller of alcoholic drinks are accepted as clean. After making a ghusl near others, the bath cloth gets clean by pouring water over it three times without taking it off and wringing it out. Taharat is essential in everything. Unless it is known for certain that something is stained with najasat, it cannot be considered najs upon supposition. The meat of animals butchered by Ahl al- kitab in dar al-harb is regarded as clean unless otherwise proven. Eating the food with meat prepared by Magicians or disbelievers without a holy book is makruh tanzihi since it is not known for certain that they have butchered it. So is the case with the meat bought from today's butchers."] Najasat can be cleaned with clean water, with water that has been used for an ablution or a ghusl or with non-viscous liquids, such as vinegar, rose-water, and saliva. It cannot be cleaned with milk or oil. Water that has been used for an ablution or a ghusl is called mustamal water. This water is qaba najasat according to Imam-i azam. It is khafif najasat according to Abu Yusuf. And it is clean according to Imam-i Muhammad (rahmat-Allahi ta'ala alaihima). Yet it is not a cleaner of hadas. The fatwa conforms with this final report. Najasat can be cleaned with it. One cannot make another ablution or ghusl with it. It is makruh to drink it or to make dough with it. If it splashes on one's bath-towel, clothes or into the bath basin, or if any water used for cleaning some najasat splashes on an area as large as the point of a pin, it does not cause them to be najs [foul]. If water used for cleaning najasat forms a small pool somewhere, things smeared with that water become najs. If a person without an ablution or without a ghusl, a menstruating woman, a polytheist, or disbeliever dips his or her hand or arm not smeared with najasat into any water and takes some water or picks up a bowl in it, the water does not become foul in any of the four Madhhabs. If more than half of the water flowing over some najasat touches the najasat, the water becomes najs. If a small quantity of the water touches it and if the three peculiarities of the najasat do not exist in the water, it does not become najs. When najasat burns its ashes become clean. Bread can be baked in an oven heated by burning dried dung. If a donkey, pig, or any carrion falls into salt and turns into salt, it becomes clean. If dung falls into a well and turns into mud in process of time, it becomes clean. In the Maliki Madhhab, mustamal water is both clean itself and can (be used to) clean other things. Hence, mustamal water can be used for making an ablution or a ghusl. [Manahij-ul-'ibad] Grape juice is clean. It becomes najs when it turns into wine. Wine becomes clean when it changes into vinegar. If najasat splashes on one's clothes or body and if one cannot find out where that place is, it will become clean if one washes the place that one guesses to be the spot. If one discovers the correct place after namaz, one does not perform the namaz again. When a threshing animal urinates on some wheat, if any part of the wheat is washed, given as a present, eaten or sold, the remainder becomes clean. When any dirt or blood noticed after it has dried up is cleaned away, the place where it was found becomes clean. There is no prescribed number of washings. Once will be enough if it is removed by washing once. If the najasat is removed existence of a color and odor is not harmful. It does not need to be washed with hot or soapy water. Tissue or body dyed with najs dye becomes clean when it is washed three times. It is better to wash it until colorless water drops from it. If najasat, such as some alcoholic medicine, is syringed under the skin, it will become clean when the syringed spot is washed three times. It is not necessary to raise the skin in order to clean under it. If one's flesh is smeared with a najs medicine which one has put on one's skin or wound, or if one has put najs eyesalve on one's eyes, one does not have to wash one's flesh or eyes. The outer part, as well as the dried blood remaining on any wound, must be washed away in such a manner so as not to cause any harm. If it will be harmful, it should not be washed. But a person who has najasat on himself equalling one dirham cannot be an imam. One's things smeared with invisible najasats, such as alcohol (spirit) and urine, should be washed in a basin or washing machine with clean water several times until one guesses they have become clean. If they become clean after washing once, it will be enough. The water and other things in the machine will not become najs during the washing. Those who are over-scrupulous and dubious must wash them three times and squeeze the water out after each washing. It is enough for every person to squeeze as hard as he can. Things that cannot be squeezed because they are rotten, thin or big, such as carpets, body, leather that absorbs najasat, must be dried after each washing. That is, you must wait until the water stops dripping. It is not necessary to dry or squeeze jugs, bowls and copperware that do not absorb najasat or anything washed in the sea or in a river [in a wash-basin]. It is written in Halabi: "Najasat is cleaned with mutlaq water or with muqayyad water or with any clean liquid. If a baby licks its own vomit on a breast or if a person whose hand has been smeared with blood or wine licks it and then spits it out, both his hand and his mouth become clean. One's clothes will not be clean by licking. They must be washed. Each animal's bile is like its urine. When an animal, except for a pig, or human dies its body, hairs, bones, nerves and teeth do not become najs. It is makruh to have one's hand licked by a cat. When a person with wet pants on breaks wind, the pants do not become najs. When the skin of a carcass is tanned with a chemical that is not najs, it becomes clean. If it is tanned with a najs chemical, such as the oil of a carcass, it will become clean when it is washed and squeezed three times. When an inedible animal is slaughtered as prescribed by the Shariat, only its skin is clean. The skin of a pig, a snake or a human will never become clean. A naked person cannot cover himself with the untanned skin of a carcass. Such a skin cannot be sold. Fouled tissue is not so. If a mouse falls into solid fat, the fat touching the mouse must be thrown away. The remaining fat becomes clean. If a mouse falls into fluid oil, all of it becomes najs. When any leather rubbed with najs grease or pig's grease is washed, it becomes clean. Among sea animals, those that are not permissible to eat are clean, too. If a camel's excrement falls into wheat, which is made into flour later on, or if it falls into liquid oil or milk and is taken out later, it is permissible to eat the wheat and drink the oil or milk unless one of the excrement's three peculiarities is observed in the wheat, oil, or milk. One can perform namaz on the clean side of a foul material. If a person with clean shoes, socks and mests on performs namaz on a najs place, his namaz will not be accepted. If he takes them off and steps on them, it will be accepted. The case will be the same when their bottoms are foul. If a fowl, after being killed, is scalded in boiling water so that its feathers drop off before its abdomen is cut open, it becomes najs. [It is stated on the fourth page of Abussuud Effendi's fatwa: "If a fowl is killed by jugulation and then boiled in water before it is eviscerated and then plucked, it is not halal; it is haram to eat it. If it is killed, boiled after being disemboweled with the in sides being washed, it is halal to eat as long as its feathers have not been smeared with najasat." It is written in Radd-ul-mukhtar: "Only the skin of a fowl not disemboweled becomes najs when it is put in water that is not boiling; if the fowl is washed three times with cold water after being plucked and disemboweled, the entire fowl becomes clean again. Also, the tripe becomes clean when washed three times in the same manner."] When any meat is boiled in wine or liquor, it becomes najs. It cannot be cleaned by any means. Some Islamic scholars have said that it would become clean when boiled and cooled in clean water three consecutive times. To clean milk, honey or boiled grape juice tainted with najasat, some water must be mixed with it and the mixture must be boiled until water has evaporated. To clean fluid oil it must be churned with water while the oil on top is skimmed off. Solid fat must be boiled with water and then taken out. In the Shafi'i Madhhab, the maytas (carcasses) of animals living on land are najs and likewise, all their parts - their feathers, hairs, bones, and skin - and every bit that comes from them except their eggs are najs. blood issuing from man and animals living on land, and any kind of intoxicating (alcoholic) drink are najs. In Shafi'i, the entire body of a pig and a dog is najasat-i ghaliza, too. Any thing that comes into contact with them [while their hairs are wet] becomes najs. That place must be washed seven times to clean. One of the washings should be done with a water-soil mixture. Adding soil into water, it is washed with turbid water; or the thing smeared with najasat is first dipped into water and then soil is sprinkled onto it and it is washed; or first soil is scattered and then water is poured onto it. It is necessary to remove the najasat before washing with the water-soil mixture. If the najs place is wet, we should not put the soil onto it first, but wash it using the other two methods. Even if the removal of the najasat is achieved only after several washings, all of them is considered as one washing. Hence, six more washings including one with soil should be done. Each of the washings done to remove the odor, color or taste is counted separately. Except for the above two animals, it is enough to wash with mutlaq water only once in order to clean away the najasat. In Shafi'i, the urine of a suckling boy is khafif najasat. After squeezing or drying and thus removing the wetness, we sprinkle water onto it; as a result, it becomes clean even if the water does not flow. The urine of a boy who has eaten something besides milk, even once, or whose age is above two and the urine of a suckling girl should be cleaned only by washing with water. [Muhammad Mazhar Effendi, one of the scholars of (the city of) Van (in Eastern Turkey), states in Misbah-un-najat, "The najasat seen is washed until the three peculiarities signifying its existence are removed and then it is washed once again [with mutlaq water]. Never mind if the signs of najasat can still be observed slightly. When the najasat is not visible, pouring water over it once will do. If a container licked by a pig or a dog, or its own hairs licked by itself, touches one's clothes or other things as it is still wet, these things must be washed six times with clean water and once with muddy water. In Shafi'i, tayammum is not permissible before the prayer time comes. Tayammum is made when one is ill or traveling. There should not be any holes on the mests and both of them should be put on at the same time after the ablution is finished. Corpses of all land animals are najs. With the exception of dogs and pigs, their hides become clean after tanning; how ever, hides of inedible animals do not become clean, and namaz cannot be performed on them."] ISTINJA - Cleaning one's front or back after najasat has issued is called istinja. Cleaning, that is, taharat, is not necessary when gas or a stone has issued. Istinja is sunnat-i muakkada. In other words, after urinating or emptying the bowels in a rest-room it is sunnat for a man or woman to clean his or her front or back (private organs) with a stone or with some water so as not to leave any urine or excrement. The number of washings needed has not been prescribed by the sunnat. After cleaning with a stone, it is sunnat to wash again with water. But if one can not make an istinja with water without opening one's private parts near others, one gives up the istinja with water even if a large amount of excrement is left. One does not open one's private parts, and performs namaz in this state. If one opens them, one will become a sinner who has committed a haram. When one finds a secluded place, one makes istinja with water and performs the namaz again. The statement: "when there is a darurat involving relieving oneself or in performing a ghusl a man can open his private parts in the presence of other men and a woman can do it in the presence of other women," is weak. Under such conditions it is necessary to make a tayammum instead of a ghusl. For Ibni Abidin says on the hundred and fourth page: "If doing a commandment will cause you to commit a haram, you must omit the commandment lest you will commit the haram." [Since a fard is omitted lest you should commit a haram, it will certainly be necessary to omit a sunnat lest you should commit a haram [ (Ibni Abidin page 105).] It is written in the book Uyunul-basair that a sunnat must be omitted even lest one should commit a makruh]. It is tahrimi makruh to make an istinja with bones, food, manure, bricks, pieces of pots or glass, coal, animal food, others' possessions, costly things such as silk, things thrown away from mosques, zamzam water, leaves and paper (excluding toilet paper). Even a blank piece of paper must be respected. It is permissible to make an istinja with pieces of paper or newspapers containing terrestrial names or writings that have nothing to do with the din. But you must not make an istinja with any paper containing Islamic letters. It is permissible to clean semen or urine with a piece of cloth and then wash the cloth. A seriously ill person without a husband or wife does not have to make an istinja. But he has to have someone help him make an ablution. It is makruh to urinate or empty the bowels with one's front or back towards the qibla, standing or naked without any excuse. A ghusl is not permissible at a place where urine has accumulated. It is not permissible to urinate in a place used for making ghusls. But it is permissible if the urine will not accumulate and will flow away. Water used for istinja becomes najs. It must not be allowed to splash on clothes. Therefore, when making an istinja one must open one's private parts and do it in a secluded place. Istinja cannot be made by inserting one's hand into one's pants in front of the wash-basin and thereby wash one's organ by making it touch the water in one's palm. When smeared with drops of urine, water in one's palm becomes najs and causes the pants which it drops on to become najs. If the areas which this water drops on amounts to more than the palm's width, the namaz will not be accepted. If the person, (who has so much urine on his pants) is the imam, others cannot perform namaz behind him. If a person without hands does not have a mahram relative to help him/her to make istinja (clean him/herself after urination or defecation), (obligation of) istinja lapses from him (Qadihan). It is wajib for men to make an istibra, that is, not to leave any drops in the urethra, by walking, coughing or by lying on their left side. Women do not make an istibra. One must not make an ablution unless one is satisfied that there are no drops of urine left. One drop oozing out will both nullify the ablution and make one's underwears dirty. If less than a palmful oozes onto the pants, it is makruh for one to make an ablution and perform namaz. If more oozes, the namaz will not be sahih. Those who have difficulty with istibra must put a cellulosic cotton wick as big as a barley seed into the urinary hole. The cotton will absorb the urine oozing out, which will prevent both the ablution from being broken and the pants from getting najs. Only the end of the cotton must not jut out. If the cotton wick is long and its end remains outside and gets wet with urine, the ablution will break. Shafi'is should not put cotton there during the blessed month of Ramadan; it will nullify one's fast according to the Shafi'i Madhhab. When a Hanafi Muslim imitating the Shafi'i Madhhab in ablution and namaz uses the cotton wick likewise, it will not nullify his fast. With old and invalid people, the organ becomes smaller and the piece of cloth wound around it becomes loose. A person with this problem puts a piece of cloth as large as a handkerchief in a small nylon bag and places the organ and the testicles in the bag. He ties the mouth of the bag. If the amount of the urine dripping onto the cloth is more than one dirham, the cloth must be replaced before making an ablution. If a person who cannot control his urine but who does not have an excuse notices wetness on the piece of cloth that he tied clean, and if he does not know when the urine oozed, it must be accepted that it oozed at the moment he noticed it, like in the example of the blood of haid, dealt with in the fourth chapter. A person who feels doubt checks the cloth before starting to perform namaz. If he sees wetness he makes a new ablution. If he feels doubt during namaz, he checks as soon as he makes the salam and, if he sees drops, he performs the namaz again. If he sees wetness one or two minutes after the salam, it will be concluded that he has performed the namaz with an ablution]. After istibra, istinja is made. After istinja with water, the organ is wiped dry with a piece of cloth. Every woman must always put kursuf (some cotton or cloth) on her front [see chapter 4]. [The fact that those who suffer from enuresis or oozing blood, and those who have difficulty in purifying themselves of najasat should imitate the Maliki Madhhab is written in the annotation of Ma'fuwat. It is written in the book Al-fiqh-u-alal-madhahib-il-arba'a, "In the Maliki Madhhab, urine, semen, mazi, wadi, blood of istihada (flux of blood from a woman other than cataminia and lochia), excrement or wind issuing from a healthy person breaks an ablution. Yet it will not be broken when the body emits stones, worms, pus, yellowish liquid or blood through the anus or any other part. When those things emission of which would normally break the ablution issue because of some illness and it cannot be prevented, one of the following two inferences (ijtihads) is to be followed: According to the first inference, involuntary urination that goes on for more than half of the period of time prescribed for a certain prayer of namaz, when it is not known when it (the urination) started, does not break an ablution. According to the second inference, it does not break the invalid's ablution anyway, not even in the absence of the three conditions. It is mustahab for him to make an ablution when the urination stops. When sick or old people have difficulty making ablution, it will be acceptable for them to follow this second inference. If it is known when the urination stops, it is preferable for the person concerned to make an ablution then. Those Hanafis and Shafi'is who have to wait too long for istibra or whose urine goes on dropping afterwards and who cannot be excusable because their involuntary urination does not continue as long as a period allotted for a namaz, must imitate the Maliki Madhhab. Ibni Abidin says in the subject about Talaq-i-rij'i, "Our scholars gave their fatwa in accordance with the Maliki Madhhab in case of a darurat. If a matter has not been explained in the Hanafi Madhhab, the Maliki Madhhab must be imitated." The skin on the ears is included in the area of the head. It is fard to make masah on them. It is not written in Hanafi books that this part of the skin is included in the area of the face and must be washed. It breaks the ablution to touch lustfully the skin or hair of a woman who is permissible for one to marry. In ghusl, it is sunnat, not fard, to wash (inside) the mouth and the nose. A tayammum is necessary for each prayer time. The dog is not foul, nor is the pig. However, it is haram to eat their meat. blood is foul, even if it is that of a fish. Taharat from najasat is fard according to one inference, and sunnat according to another. Drops from hemorrhoids and drops of urine and excrement on one's underwears are forgiven. Human and animal blood and pus from an abscess or wound are forgiven when they cover an area as large as (and no more than) the palm of a hand. It is fard to recite the Fatiha (sura) in every rakat of the namaz and to remain motionless for a while (which is called tumaninat) after the ruku' and between the two sajdas. In rakats where the imam says the (prescribed) suras silently, it is mustahab for the jamaat to say the Fatiha; and where the imam recites the suras aloud, it is makruh for the jamaat to say the Fatiha. At qiyam (standing position in namaz), it is mustahab to place both hands on somewhere between the chest and the navel, the right hand on the left hand, or to let them hang down on both sides. It is makruh to say the 'A'udhu...' in prayers of namaz that are fard. Finishing the (recital of) Fatiha after (having begun) the ruku' will nullify the namaz." Second edition of the Maliki book of fiqh Az-Zahira li-l Qurafi was printed in Egypt in 1402 [A.D. 1982]. It says, "Imam-i-Malik said that it is wajib for the awam (common people, laymen) to imitate the mujtahids. The (four) Madhhabs are ways leading to Paradise. He who follows any one of them will attain Paradise." Last edition of the book Al-mudawwana, which consists of narrations coming from Imam-i-Malik through Ibn ul-Qasim 'radi-Allahu anhuma', was printed in Beirut. It is written in this book, "When a woman's palm touches her genital organ, her ablution is not broken. If mazi oozes because of cold or illness, the ablution is not broken. Yet if it oozes as a result of a lustful thought, it will be broken. If blood of istihaza or urine oozes, the ablution is not broken; yet in this case it is mustahab to make an ablution for each prayer of namaz. Khilal (combing the beard with fingers) is not made of the beard during the ablution. One should not perform namaz behind (an imam who is) a holder of bidat (a heretical or aberrant belief or conduct)." It is fard to wash (the skin) under eye-brows and eye-lashes, and also under the beard if their hairs are scarce, and to wash the part of the beard which is thickly haired. It is mustahab to probe between the toes (by using the small finger). It is permissible to dry oneself after the ablution. Seven actions are fard (compulsory) in an ablution, and five are fard in a ghusl. In case of such fears as losing one's life or property or becoming ill or one's illness becoming worse or one's healing being delayed, it is permissible to make a tayammum. If one cannot find a Muslim doctor, one will have to trust a doctor who is a disbeliever or (others') experiences]. When something washed with the hands become clean, the hands become clean, too. It says in the subject concerning using gold and silver in the fifth volume of Durr-ul- mukhtar that men's dealing with one another is called Muamalat. In muamalat, a sinner's or a disbeliever's word is to be accepted. A sane child and a woman are like men (in this respect). If one of them says, "I have bought this meat from a disbeliever with a holy book," the meat will be halal to eat. [For, formerly meat was sold by the person who had butchered the animal]. One's property does not become invalidated by one person's word. If a Muslim buys some meat and another de voted Muslim says that the animal (to which the meat belongs) was killed by a disbeliever without a holy book, the meat cannot be returned to the seller; the buyer has to pay for it. For, since he bought the meat without knowing that it belonged to a carrion, it has become his property. Information to invalidate property has to be given by two men or by one man plus two women. There are three kinds of muamalat. The first kind comprises dealings that neither party has to fulfill. Examples of this are being a deputy, being a mudarib (one of the partners in a kind of joint-ownership), and being granted (by a person to do something on his behalf). The second kind consists of dealings that both parties have to fulfill. Examples of this are the rights that can be subjects for law-suits. The third kind includes dealings that one of the parties has to fulfill while the other party does not have to fulfill. In this kind are dismissing a deputy and withdrawing the permission one granted to another person. In this case the deputy and the granted person can no longer act on behalf of the person they are representing. But the person who takes back his permission or authority from his deputy is free to use his own rights. We have already explained the first one. In the second, the informers must have the conditions prescribed by Islam for witnesses. In the third, the number of the informers and whether they have the quality of fairness will be taken into consideration. Matters between Allahu ta'ala and man are called Diyanat. In diyanat, the word of a just Muslim who has reached the age of puberty will be trusted. A woman is like a man in this respect. If he (or she) says, "This water is najs," one cannot make an ablution with the water. One must make a tayammum. If a sinful Muslim or a Muslim whose conduct is not known for certain says so one inquires about it personally and acts upon one's own assurance. If a disbeliever or a child says that the water is najs and if one believes it, one must pour the water away and then make a tayammum. In giving a present or a permission, a child's word can be accepted. When a child says, "Come in, please," one can enter the place. But whether a child is permitted to buy something depends upon the seller's conviction. In diyanat, information that will invalidate one's property must be given by two men or one man plus two women. For example, if a just Muslim says, "This man and wife are foster brother and sister," it will not be admitted, and the nikah (marriage as prescribed by Islam) will not be can celled. Ibni 'Abidin says at the end of the chapter about istinja: "If a just person says that some meat is carrion, e.g., "a murtad killed it," and another just person says that it is not carrion, e.g., "a Muslim killed it," it will be judged as carrion. If the former says that some water or any sort of sherbet or any food is najs and the latter says that it is not najs, it will be taken as clean. If there are several informers, the majority's consensus will be accepted. If clean and najs clothes come together and the clean ones are in the minority, or a number of pots are together and the clean ones are in the majority, one should search for the clean ones and use the ones one supposes to be clean. If the clean pots are equal or fewer in number, all of them will be taken as najs.
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