The Complete Guidance on the Rulings of Wiping: Shaykh al-Albanee (part 2)

The Complete Guidance on the Rulings of Wiping: Shaykh al-Albanee (part 2)

When does the time limit for wiping begin? 

There are two well-known views of the scholars concerning this issue:

The First: It begins at the point when the ablution is broken (for the first time), after having put on the footwear.

The second: It begins at the point when the first wiping occurs after, having broken the ablution.

Abu Haneefah, Ash- Shaafi’ee, Ahmad and their companions held the first opinion. And we do not know of any evidence on their part, which deserves mentioning, other than that it was simply an opinion. It is for this reason that some of their companions (i.e. from the same madh-hab) have contradicted them, as we shall mention. Nor do we know any of the predecessors from the Sahaabah that opposed the second view, for their guide was the authentic ahaadeeth and the ruling of ‘Umar Ibn Al- Khattaab (raa).

As for the Sunnah, then there are the authentic ahaadeeth, which were reported on many of the companions, in Saheeh Muslim, the Four Sunan collections, the Musnads and others. In these narrations, the Prophet (Sallallaahu ‘alaihi wa Sallam) commanded wiping. In some narrations he allowed the wiping. And in one narration, he (Sallallaahu ‘alaihi wa Sallam) prescribed wiping the length of one day and one night for the resident and three days and three nights for the traveler.

From the matters that are extremely evident, is that this hadeeth serves as a determining factor for the commencement of the time period for wiping, in that it begins immediately after the (first) wiping. It also serves as a refutation for the first opinion, since that (opinion) necessitates, as is determined in the subsidiary issues (furoo’), that the person that prays the Fajr prayer shortly before the rising of the sun, then breaks his ablution (for the first time) during the time of Fajr on the second day. Then performs a new ablution and wipes over his footwear for the first time for the Fajr prayer, that he is not permitted to wipe over them after that! So is it truthful to say that this person has performed the wiping for “a day and a night”?!

If we go according to the second opinion, the one that is most correct, then he is able to wipe over his footwear until shortly before the Fajr prayer of the third day. Rather, they hold even a more strange view than that of what we have mentioned. And it is that: “If one excretes and doesn’t wipe over his footwear, such that a day and a night, or three if he is a traveler, comes to pass, after the excretion. The time limit comes to an end and wiping is not permissible after that, until he takes off his footwear, renews his ablution and then puts his footwear back on.” [An-Nawawee mentioned this opinion in his Majmoo’ (1/476)]

Thus, they prevent an individual from making use of this allowance (rukh-sah), basing it upon this opinion, which is in opposition to the Sunnah! For this reason, Imaam An-Nawawee (rahimahullaah) was left with no choice but to go in contradiction to his madh-hab, due to the strength of the evidence, even though he was keen not to contradict it (the Shaafi’ee madh-hab) if he was able to. So after relating the first opinion and those that held it, he (rahimahullaah) said:

“Al-Awzaa’ee and Abu Thawr said: ‘The commencement of the time limit begins at the point of the (first) wiping (over the footwear) after the first breaking of the ablution.’ And it is a report from Ahmad and Dawood. This is the most favorable (opinion), the one that has the most established evidences in support of it. Ibn Al- Mundhir has favored this view. And something similar to this has been related on ‘ Umar Ibn Al-Khattaab (raa). Al- Maawardee and Ash-Shaashee have reported on Al- Hasan Al- Basree that it begins when the footwear is put on. Those that say that the time limit begins at the point of the (first) wiping use as evidence, the following hadeeth of the Messenger of Allaah (Sallallaahu ‘alaihi wa Sallam): ‘The traveler may wipe (over his footwear) for three days.’ And these ahaadeeth are authentic as has been stated previously. This hadeeth is conclusive evidence that he (Sallallaahu ‘alaihi wa Sallam) wiped (over his footwear) for three days. And this would not be possible, unless the time limit began from the first wiping. And this is also because Ash- Shaafi’ee said: ‘If one excretes while he is a resident, (then travels) and wipes (over his footwear) while traveling, he should completes the wiping (duration) of a traveler, for the ruling for wiping applies.’ Our (Shaafi’ee) companions use the hadeeth of Safwaan (raa), which has been reported by Al-Haafidh Al-Qaasim Ibn Zakariya Al-Matrazee: ‘…from the time of excretion to the time of excretion…’ to support their view. And this is a strange addition (to the hadeeth). It is not established. And they also use Qiyaas (judgment derived by analogy) for their claim…” [Al-Majmoo’ (1/487)]

I say: If the Qiyaas that is mentioned here, is by itself correct in its validity, then for it to be accepted and used as an evidence, it must meet the condition of not contradicting the Sunnah. But if it does contradict it, as I believe it does, then it is not permissible to incline (one’s view) towards it. For this reason it is said:

“When the narrations are mentioned, the deduction is nullified.
And when the influx of Allaah comes, the influx of intellect is nullified.”

How can this analogy be correct, when it also contradicts the opinion of the rightly guided Khaleefah ‘ Umar Ibn Al-Khattaab? I know the blind followers claim to accept the authentic Sunnah when it contradicts ‘Umar’s opinion, as they have done regarding the issue of the pronouncement of the third divorce. So why don’t they accept his opinion when it does conform with the Sunnah?! ‘Abd-ur-Razzaaq has reported in Al-Musannaf on Abu ‘Uthmaan An-Nahdee, who said:

“I came upon Sa’ad and Ibn ‘Umar when they were both arguing in front of ‘Umar (raa) concerning the issue of wiping over the khuffs. So ‘Umar (raa) said: ‘He can wipe over them until the same hour (of the first wiping), for that day and night.’” [Al-Musannaf (1/209/807)]

I say that its chain of narration is authentic according to the conditions of Al-Bukhaaree and Muslim. And it is a conclusive evidence for the fact that the (time limit for) wiping begins when it is first executed over the footwear, and lasts until that same hour the next day. This is what is predominantly apparent in all the narrations that have been reported on the Sahaabah concerning the time limit for the wiping, according to what we have knowledge of, from what has been reported by ‘Abd-ur-Razzaaq and Ibn Abee Shayba in Al-Musannaf. As an example, I will mention what Ibn Abee Shayba (1/180) reported on ‘Amr Ibn Al-Haarith, that he said:

“I traveled with ‘Abdullaah to the (various) cities and he wiped over his khuffs for three days, while not taking them off at all.”

Its chain of narration is saheeh according to the conditions of Al-Bukhaaree and Muslim. Thus, the narrations from the predecessors along with the Sunnah of Muhammad (Sallallaahu ‘alaihi wa Sallam) have agreed with what we have stated. So hold onto it and by the Will of Allaah, you will be guided.

Does the end of the time limit cancel the ablution?

Concerning this issue, the scholars are divided into several opinions, the most famous of which are two from the Shaafi’ee madh-hab. And they are:

The First: One is obligated to renew his ablution

The Second: It suffices him to just wash his feet

The Third: There is nothing required of him. Rather, his ablution is valid and he can pray while in its state, so long as he does not excrete or break it. This is what An-Nawawee (rahimahullaah) has stated.

I say: This third opinion is the most strongest of them. And it is that which An-Nawawee favored, also in contradiction to his madh-hab. Thus, he said: “This opinion has been related by Ibn Al- Mundhir on Al- Hasan Al-Basree, Qataadah and Sulaimaan Ibn Harb. Ibn Al- Mundhir favored it. And it is what is the most preferable and most convincing. Our (Shaafi’ee) companions have reported it from Dawood.” [Al-Majmoo’ (1/527)]

I say that Ash-Shi’araanee has related it to Imaam Maalik in Al-Meezaan (1/150) and An-Nawawee related it to others, so refer to it. Also, it is the opinion that Shaikh- ul-Islaam Ibn Taimiyyah took, as you have seen in his afore-mentioned words under the Third Issue, in accordance with Ibn Hazm. And this last one (Ibn Hazm) mentions that the other scholars that held this opinion, included Ibraaheem An-Nakha’ee and Ibn Abee Lailaa.

Then he (rahimahullaah) said:
“This is the view of which it is not permissible to take anyone other than it. This is since there is no mention in the reports that the ablution is annulled due to the body parts that are washed over or some of them, by the termination of the time limit for wiping. Indeed, the Prophet (Sallallaahu ‘alaihi wa Sallam) only forbade that someone wipe over them for more than three days for the traveler and for more than one day for the resident. So whoever holds an opinion contrary to this, then he has crammed some (false) meaning into the reports that which is not present there, and into the statement of the Prophet (Sallallaahu ‘alaihi wa Sallam) that which he (Sallallaahu ‘alaihi wa Sallam) did not say. So whoever does this mistakenly, then there is nothing upon him. And whoever does it intentionally after the argument has been established against him, then he has embarked on committing one of the major sins. And nothing cancels the ablution, except for the excretion (hadath). And this person that has correctly performed his ablution and then does not excrete, then he is in a state of purity. And anyone that is in a state of purity can pray so long as he does not excrete or so long as there does not occur a clear text stating that his purity has been canceled, even if he doesn’t excrete. So this person, whose time limit for wiping has finished, he has not broken his ablution and there is no text that states that his state of purity has been annulled, whether on some of his body parts or all of them. So he is in a state of purity and can pray. This is until he excretes, at which point, he must take off his khuffs and whatever else is worn on his feet, and perform ablution. Then the time limit for wiping is renewed again. And this is the way it will always be and with Allaah lies the success.” [Al-Muhallaa (2/94)]

Beirut1370 H Muhammad Naasir-ud-Deen Al-Albaanee

Tamaam-un-Nas’h fee Ahkaam-il-Mas’h ( which is an appendix to his checking of the book Al-Mas’h ‘alaal-Jawrabayn of Imaam Jamaal-ud-Deen Al-Qaasimee)
Translated by isma’eel alarcon

 

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