Category Archives: Fiqh

01 Oct

When water changes

Water has three characteristics which must not change. These are

 

Color
Taste
Smell

 

If anyone of these characteristics changes such as the smell, for example, to the extent that the name of water cannot be applied without a qualification, then the water is no longer purifying.

 

For example, take rose water. You cannot call rose water, water. You have to qualify water by including the word rose. You have to say rose water. It's taste has changed to such an extent that it cannot simply be called water. You have to call it rose water. The unqualified noun water can no longer be applied to it.

 

So, when the color, taste, or smell of water changes to such an extent, after something has been mixed with it, that you cannot simply call it water, then the water is not purifying. You cannot use it for Wuduu or ghusl.

 

If the thing which mixed with the water was a pure substance, then the water will lose its property of being purifying but will remain pure. You will not be able to use it to attain purity for Wuduu or ghusl.

 

This is the Madhhab of the majority of scholars of Islaam.

 

The Hanafi school has opposed the majority.

 

The Hanafi schools says that water will not lose its ability to purify as long as it does not lose its natural disposition. According to them, its natural disposition is its being a refreshing liquid which pacifies thirst.


According to the school if the characteristics of the water change but it still remains a liquid which is refreshing to drink and pacifies thirst, then it is also purifying. You can perform Wuduu with it and make ghusl.


This is in stark opposition to what the majority of scholars of Islam adhere to.

 


Reference(s):
Kuwaiti Encyclopedia of Fiqh
Volume 22 Page 41

22 Sep

Can you do wuduu while naked

Question

When a person is alone in the bathroom is it permissible for him to do Wuduu while he is totally naked?

 

Answer

Yes, it is permissible for him to do so. Being clothed is not a condition for a valid Wuduu. However, it is best that one is covered. This is because it is not fitting for a person to be naked, even when alone, unless it is for a need.

This is based on the following hadith which has been graded hasan by certain scholars


Bahz bin Hakiim said that his father told on the authority of his grandfather:

I said: O Messenger of Allah, from whom should we conceal our private parts and to whom can we show? He replied: conceal your private parts except from your wife and from whom your right hands possess (slave-girls).

I then asked: O Messenger of Allah, (what should we do), if the people are assembled together?

He replied: If it is within your power that no one looks at it, then no one should look at it.

I then asked: O Messenger of Allah if one of us is alone, (what should he do)?

He replied: Allah is more entitled than people that bashfulness should be shown to him.

[Sunan Abu Dawud Hadith No. 4017]

 

Reference(s):

He who does Wuduu while naked his wuduu is valid

 

21 Sep

Hajj with haraam money

Question

What is the ruling of the person who does Hajj with haraam money?


Answer

One should do Hajj with halaal money. If one wants the reward of Hajj, then he must do it with halaal money.

If, however, someone ends up doing Hajj with haraam money, then the Hajj will be valid though devoid of reward. This is the opinion of the majority of scholars.

Ahmad opposed the majority and said that the Hajj will not be valid.

 


Reference(s):

Hajj with Haraam maal

The ruling of Hajj with haraam maal
 

20 Sep

Can you exit a voluntary fast before completion?

al-maawardii said:

When a person begins a voluntary fast or a voluntary prayer, then it is mustahabb for him to complete it.

If he exits from it before completing it, then that is permissible.

He does not have to make it up regardless of if he exited from it due to a valid excuse or due to no excuse at all.

Among the Companions, this is the view of


Umar (may Allaah be pleased with him)
Ali (may Allaah be pleased with him)
Ibn Umar (may Allaah be pleased with him)
Ibn Abbaas (may Allaah be pleased with him)
Ibn Mas'uud (may Allaah be pleased with him)

 

Among the Jurists, this is the view of

al-Thawri
Ahmad
IshaaQ


Maalik said that it is permissible to exit from it for a valid excuse and he does not have to make it up. However, if he exits from it without an excuse then he must make it up.

Abu Hanifah said that he has to complete it. If he exists from it prior to completing it, then he has to make it up regardless of if he exited due to an excuse or not.

 

al-Haawii al-kabiir
Volume 3 Page 468

 


The correct view is the first view. It is the view of the Companions (may Allaah be pleased with them). Who knows the Diin better than the Companions of the Messenger of Allaah (sallallaahu alayhi wa sallam)

 

20 Aug

Can you speak during tawaaf?

Ibn Hazm says:

It is permissible to talk to people while making tawaaf. But to indulge in the dhikr of Allaah is better. This is because there is no Nass which says one is not allowed to talk while making tawaaf. Allaah says in the Qur'aan

"…He has explained in detail to you what He has forbidden you…"


[Qur’aan 6: Portion of Verse 119]

That which Allaah has not said is haraam, then it is halaal.

Volume 6 Page 211
al-muhallaa

 

 

al-Nawawi says:

It is permissible to talk while a person is making tawaaf. It does not invalidate the tawaaf. And it is not disliked. However, it is best not to indulge in it unless one must speak to order that which is good, prevent someone from munkar, teach a jaahil, or give a religious verdict, and the like.

 

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