Su’r  (Remnant Water)

3.1   When an animal drinks from a small quantity of water (def: 2.2 (4)) the remaining water is then known as su’r.  This is of four types:

(1)  The water is clean and cleansing, e.g. from which a human, horse or those animals whose meat is lawful for consumption have partaken. [Z: If after consuming something unlawful in the shari`a such as wine, pork etc, one immediately drinks some water his su’r  will be impure,   ai: p.14].

[Z: It is makruh to partake from the su’r of such a person through whose su’r one attains sensual pleasure, with the exception of a married couple,   Mf+t: p.20].

(2)  Impure water, its usage is unlawful, e.g. water from which a dog, swine or any other predatory animal such as a cheetah or wolf has partaken.

(3) The usage of what is makruh whilst other (pure) water exists, such as the su’r of a
(domesticated) cat [Z: which is makruh  if one possesses other food or water. However, for a hungry destitute it is permitted.  Whilst, the su’r of a wild cat is impure,   Mf: p.74]; as is the su’r of an undomesticated chicken [because of the possibility that it may have inserted its beak into impurity,   Mf: p.74]; the su’r of predatory birds such as a hawk, falcon or kite is makruh, [if the bird is encaged and the owner is sure that there is no najasa upon its beak, then it is not makruh.   Sharh
fath al-qadir, 1/113].  Similarly, the su'r of a rat is makruh.

(4) Water whose quality of purifying is doubtful, from which a mule or donkey has partaken.  If no other water exists then one should do both wudu’ and tayammum and then pray.

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Istinja’ (Cleansing the Private Parts after answering the Call of Nature)

4.1   It is compulsory that one ensures that the drops of urine have ceased, and that one’s heart is content according to one’s general habit, either by walking, coughing, lying down or any other method.  [Z: Other methods, which may be used, are to gently press one’s penis or place a tissue under one’s lower garment and take a brisk walk, methods may vary in accordance with the severity of one’s problem].

4.2   It is unlawful to perform wudu’ until one is content that the drops of urine have ceased. [Z: If Satan is continually creating doubts about the leakage of urine, then these doubts should be ignored.
One should sprinkle some water over the genitals and the lower garment. Thereafter, when afflicted with doubt the wetness felt may be regarded as the sprinkled water.  This is in the case of a doubt, but if one is sure that the wetness is urine then the required measures for purification will have to be undertaken,   Mf+t: p.29].

4.3   It is sunna to perform istinja’ from any najasa that exits from the front or back passage of the private parts and has not spread past the orifice. However, it is wajib if the najasa has spread past the orifice and is equivalent to the size of a dirham.  And fard if it has spread more than a dirham. [Z: A dirham is approximately the size of a British fifty pence coin].

4.4   To wash away whatever (najasa) is in the orifice whilst bathing to remove a state of major ritual impurity, menstruation and postnatal bleeding is fard.  Even though the najasa may be of a small quantity.

4.5 It is sunna to do istinja’ with a cleansing stone or the like [Z: all things pure and not valued or venerated can be used in place of a stone,   Mf+t: p.30].  To perform istinja’ with water is preferred.  The best is to combine both water and stone, first by wiping with the stone and then washing.  To use only water or to wipe with stones alone is also permissible.

[Z: Paper being a source of attaining knowledge is a venerated item, thus to perform istinja’ with it is makruh tanzih. Whilst the usage of toilet paper which is specifically made for the purpose of istinja’ and not for writing is permitted,   Ahf: 1/108].

4.6   The usage of a prescribed number of stones is mustahab and not sunna mu`akkada.

To use three stones is mustahab, even though one may achieve cleanliness with less.

4.7   Method of performing istinja’: if one’s testicles are hanging one should wipe with the first stone from the front to the back and with the second from the back to the front and with the third from the front to the back [for fear of defiling one’s testicles,   Mf: p.89].  If the testicles are not hanging, then one should start from the back.  A female should start from the front to the back for the fear of defiling her vagina.

4.8    Thereafter, one should wash the hand and using water wipe the soiled area with the inner side of one, two, or even three fingers if needed.  A male will raise his middle finger over the rest when commencing the istinja’ [then after washing slightly,   Mf: p.90] he will raise the ring finger [Z: and if need be then the small finger and then the index finger,   Mf: p.90].  One should not suffice upon the use of one finger.  A female should raise her ring and middle finger simultaneously from the outset for
fear of being sexually aroused.

4.9   The utmost should be done in cleansing oneself until the foul smell has been eliminated, whilst thoroughly relaxing one’s buttocks [Z: so as to clean what is in the passage to the best of one’s ability,   Mf: p.91], unless fasting.  Upon completion one should wash the hand again.  If fasting one should wipe oneself before standing.

4.10   It is unlawful to uncover one’s `awra (the private parts that need to be covered) for istinja’ in the presence of others. [Z: If one does, he will be regarded a fasiq.  The uncovering of one’s `awra in the presence of others is haram (def: 1.5) and the perpetrator of a haram act is regarded as a fasiq, regardless of whether the najasa has spread past the orifice or has exceeded the size of a dirham,   Mf+t: p.32].

If the najasa has spread past the orifice and covered an area more than that of a dirham, then with the availability of any substance that will remove the najasa, ritual prayer is unlawful.

One should try to remove the najasa without exposing one’s `awra in the presence of others.

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It is makruh (def: 1.6) to perform istinja’  with:

(1) a bone [because it is the food of the jinns,   Mf: p.93];

(2) the food of a man or animal [Z: as this would be disrespectful to sustenance,   Mf: p.93];

(3) baked bricks, pottery, charcoal;

(4) glass, gypsum [Z: because of the physical harm that it may cause,   Mf: p.93];

(5) items of value, such as a piece of velvet or cotton;

(6) and the usage of the right hand without an excuse. [Z: The scholars are unanimous that it is mustahab to start with the right in all those things of reverence, such as wudu’, bathing, wearing clothes, shoes, socks, trousers, when entering the mosque, when performing miswak, applying antimony, trimming the nails, plucking the hair from the armpits, when shaving the head, performing the salam at the termination of the prayer, when departing from the lavatory, whilst drinking, performing istilam (kissing) of the hajr al-aswad (the black stone), when taking, giving and other
similar tasks.  It is mustahab to start from the left when performing those actions which are to the contrary, i.e. not revered, such as blowing the nose, performing istinja’, when entering the lavatory or departing from the mosque, removing the khufayn, shoes, trousers or other garments,   al-Binaya, 1/188].

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4.11   Adab (def: 1.3) of relieving oneself:

(1) One should enter the toilet leading with the left foot;

(2) before entering seek refuge in Allah from the rejected Satan. [Whilst in the open one should recite the supplication before uncovering oneself,  I`la al-sunan 1/451];

Allahumma inni  a`udhu bika min al-khubuthi wal khaba’ith

[O Allah I take refuge in You from demons, male and female];

(3)  one should sit leaning upon the left foot;

(4) and not speak, except out of necessity.

It is makruh tahrim (whilst relieving oneself) to have one’s face or back towards the Qibla, even though one is in a building. [Z: It is also makruh to hold a child to urinate towards the Qibla, Mf: p.95]. To urinate towards the sun or moon is makruh [being two great signs (ayas) of Allah.  However, this act is considered makruh tanzih rather than makruh tahrim according to Ibn `}bidin,   Mf: p.95]; it is also makruh to sit and urinate in the direction of the wind.  [Z: The reason for this is that the wind may blow the urine back to the person, thus causing his clothes to be soiled and the Prophet (may Allah bless him and grant him peace) warned against this in a number of

4. 12   It is makruh:

(1) To urinate or defecate in water;

(2) under some shade; in a hole; on the path;

(3) under a fruit tree;

(4) or urinate standing without an excuse.

[Z: It is makruh to enter the toilet wearing anything with the name of Allah,   Mf: p.96.  Abu Da’ud and Tirmidhi have related upon the authority of Anas (may Allah be pleased with him) that he said, “When the Messenger of Allah (may Allah bless him and grant him peace) would enter the lavatory he would remove his ring, “because engraved upon it was ‘Muhammad the Messenger of Allah.’”  Tibi commenting upon this states, “In this there is a proof that it is wajib upon the one performing istinja’ to remove anything with the name of Allah upon it or His Messenger or anything from the Qur’an.  Ibn Hajr has stated, “that it can be derived from this that it is mustahab to remove anything which has a revered name upon it from the Names of Allah, the Prophets or Angels.”  Not to remove it would be deemed makruh due to disrespect,   Mf+t p.35].

One should leave the lavatory with one’s right foot then recite “[O Lord] Your forgiveness.  Praise be to Allah who rid me of the filth and gave me health.”

Ghufaranak alhamdulilla hilladhi adhhaba `annil adha-wa- `afani

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Wudu’  (Ablution)

5.1   The reason for performing wudu’ is to make lawful that which is otherwise unlawful without it, these are its benefits in this world.  Whilst its benefits in the Hereafter is the attainment of rewards.

5.2   Wudu’  consists of four fard  (def: 1.1) acts:

(1) To wash the face from the point where the hairline usually begins to the bottom of the chin in length, and in breadth the portion between the two earlobes. [Z: The definition of washing (ghasl) is that at least a couple of drops should flow off the limbs,   Lub: p.6];

(2)  washing the arms up to and including the elbows;

(3) to wash the feet up to and including the ankle bones;

(4) and to wipe with a moist hand (mash) over a quarter of the head.

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5.3 Conditions for Wudu’ to be Fard

(a) Sanity;

(b) puberty;

(c) one must be a Muslim;

(d) to possess enough water [Z: to be able to wash the required limbs at least once,   Mf: p.100];

(e) to be ritually impure [the performance of wudu’  for one who is already in the state of wudu’ is not necessary,   Mf: p.100];

(f) to be free from menses and postnatal bleeding;

(g)  and to have enough time. [Z: The obligation of wudu’ is dropped if there is insufficient time to perform wudu’ before the expiry of the salah time.  However, this should not be understood to mean that prayer is permissible without wudu’. One will be required to make up the prayer later with wudu’].

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5.4   Conditions for the validity of Wudu’

(1)  Pure water reaches the skin of those parts which are required to be washed;

(2)  that one is free from those things which are incompatible with wudu’, such as menses, postnatal bleeding, factors perpetuating ritual impurity, [such as the intermittent drops of urine and the occurrence of that which invalidates wudu’, Mf: p.101];

(3)  and the removal of that which prevents the water from reaching the skin, such as wax and fat.  [The same applies of waterproof glue, paint, nail polish, and so forth on the nails or skin: if it prevents water from reaching any part of the nails or skin no matter how small, one’s ablution or purificatory bath is not valid,   Reliance of the Traveller,  p.67].

5.5   It is incumbent to wash the visible part of a thick beard [through which the skin is not visible, Mf: p.101].  As for a sparse beard it is incumbent that the water reaches the skin.  Whilst it is not necessary that water reaches the hair hanging from the periphery of the face, nor that water reaches the concealed part of the lips when the mouth is closed.

5.6   If the fingers are tightly held together, or a nail has grown so long that it has covered the finger tip, or there is something in the nail which prevents the water from reaching the finger tip, such as dough, then it will be incumbent [to remove the substance,  Mf: p.102] and wash underneath.  Substances such as dirt do not prevent the penetration of water.

5.7   It is incumbent that a tight ring be moved about.  If washing the cracks in one’s feet is harmful, then it will suffice to allow water to flow over the medicine applied to them.

5.8   One is not required to repeat the mash or washing of any limb from where the hair have been shaved, nor is one required to wash after cutting one’s nails or trimming one’s moustache.

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Sunnas of Wudu’

5.9   There are eighteen sunnas (def: 1.3) of wudu’:

(1)  Washing the hands including the wrists;

(2)  the recitation of the basmallah (the formula, ‘In the name of Allah the Most Compassionate the Most Merciful’);

(3)  to use the miswak (tooth-stick) when commencing the wudu’, to use one’s finger in the absence of the miswak. [Z: Regarding toothbrushes two things have to be taken into consideration, firstly the sunna of cleansing one’s mouth.  Secondly, the usage of the sunna siwak (the sunna instrument).  Regarding the sunna of cleansing one’s mouth in the absence of the sunna tooth-stick the jurists have stated that one may use a piece of cloth, tooth powder or even one’s finger.  As long as the bristles of the toothbrush are made of a pure substance the sunna of cleansing one’s mouth will
be fulfilled.  However, the virtues mentioned will only be attained through using the sunna tooth-stick which is from the olive, salvadora or margosa tree.  Similarly, using anything other than the sunna tooth-stick will not equal the benefits gained for one’s gums and teeth,   Dars-i-Tirmidhi, 1/228].

[Z: the sunna method of using a miswak is to perform vertical strokes upon the teeth,
Dars-i-Tirmidhi, 1/225];

(4)  to rinse the mouth thrice, even if it is with a single handful of water;

(5)  to rinse the nose with three handfuls of water;

(6)  if not fasting, to rinse thoroughly the mouth and nose;

(7)  to saturate a thick beard by inserting a handful of water from underneath and then to comb it with the fingers upwards;

(8)  to pass the wet fingers of one hand into the gaps between the fingers of the other hand, [Z: whilst with the toes one uses the little finger of the left hand beginning with the little toe of the right foot and finishes with the little toe of the left,   Mf+t: p.46];

(9,10) to wash each limb thrice; to do the mash of the entire head once;

(11)  and the mash of the ears, even though it may be with the leftover water from the mash of the head. [The mash of the outside of the ear should be done with the thumb and the inside of the ear with the index finger,   Mf+t: p.47 (see: fig, 1)];

(12)  to rub the limbs;

(13) to perform the actions of wudu’ successively [which is to wash each limb before the former dries,   Mf: p.109];

(14)  to make an intention;

(15)  to observe the order ordained by Allah in the Qur’an;

(16)  to start from the right;

(17)  to commence the washing from the tips of the fingers and the performance of the mash of the head from the front;

(18)  to wipe the nape and not the throat (see: fig, 2);

It is an opinion that the last four are mustahab.

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Adab (def: 1.4) of Wudu’

5.10 There are fourteen adab of wudu’:

(1,2,3,4) To sit upon an elevated place; to face the Qibla; to take no assistance; and not to speak of mundane affairs;

(5)  to combine between the intention of the heart and a verbal formula;
(6)  to recite the transmitted supplications [from the Prophet (may Allah bless him and grant him peace), the Companions and their Successors,   Mf: p.112];

(7,8,9) to recite the basmallah whilst washing or doing mash of each limb; to insert one’s small finger into the canals of the ears; and to move a loose ring;

(10,11) to use the right hand in inserting the water into the mouth and nose; and to use the left hand to clean the nose;

(12)  for other than a ma`dhur (def: 9.10) to perform wudu’ upon the entry of the salah time;

13) to recite the two declarations of faith after completing the wudu’;

Ashhadu alla illaha ilallahu wa ashhadu anna Muhammadan abdhu wa ar-rasulluhu

14) to drink the remainder of the water of wudu’  standing and then to recite, “O Allah make me from the repenters and make me from those who attain purity.”

Allahum maj’alni minat tawwabina wa j’alni minal mutat ahhirin

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Makruh (def: 1.6) acts in Wudu’

5.11   The makruh acts in wudu are six:

(1)  Wasting water [Z: that is when one exceeds the sunna method,   Mf+t: p.53];

(2)  being miserly with it [Z: that is when one uses less than the sunna method,   Mf+t: p.53];

(3)  to splash one’s face with water;

(4)  to speak of mundane affairs;

(5)  to seek the assistance of others without an excuse;

(6)  and to do mash of the head thrice with new water.

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Types of Wudu’

5.12   There are three types of wudu’ :

(1) Fard (def: 1.1), upon one who wishes to perform a ritual prayer, even though it be nawafil (supererogatory prayers), or the janaza (the congregational prayer over the deceased, the performance of which is al-fard al-kifaya (def: 1.8)), or for sajda al-tilawa (prostration which becomes obligatory upon reciting certain verses of the Qur’an), or to touch the Qur’an, even a single verse;

(2)  wajib (def: 1.1), for the circumambulation (tawaf ) of the Holy Ka`ba;

(3)  and mustahab (def: 1.2);

(a) for one wishing to sleep in a ritually pure state;
(b) upon awaking;

(c) so that one can be continuously in the state of wudu’;

(d) for the performance of wudu’ for one who is already in the state of wudu’;

(e) after backbiting, telling lies, carrying tales and any other sin;

(e) after the recitation of [foul,   Mf: p.120] poetry;

(g) after laughing loudly outside salah;

(h) after bathing or carrying a dead body;

(i) for the time of each salah;

(j) before bathing from major ritual impurity;

(k) before eating, drinking and sleeping for the one in a state of major ritual impurity;

(l) before having sexual intercourse;

(m) upon becoming angry;

(n) for the recitation of the Qur’an;

(o) the reading and transmitting of ahadith;

(p) for the studying of sacred knowledge. [Z: It is unlawful to touch books on Qur’anic exegesis without wudu’ if the original Qur’anic text is more than the exegesis.  If on the other hand the exegesis constitutes the greater part then it is lawful provided one does not put his hands directly on the Qur’anic verses,   Ahf: 1/27];

(q) before performing the adhan (call to prayer), iqama (call for commencement) and khutba (Friday sermon);

(r) when visiting the tomb of our master the Prophet (may Allah bless him and grant him peace);

(s) for staying at the plain of `Arafa (the name of a plain approximately thirteen miles to the east of Makkah);

(t) before pacing (sa`i) between al-Saffa and al-Marwa (two hillocks connected by a course adjoining al-Masjid al-Haram);

(u) after eating camel meat;

(v) and to avoid the differences of the scholars by performing wudu’ (after performing an act upon which they differ) such as touching a female.

[Z: An additional two categories which may be introduced are makruh (def: 1.5) and haram (def: 1.4), an example of the former, is to perform wudu’ whilst still in the state of wudu’ without having performed any such worship which necessitates wudu’.  An example of the latter is to do wudu’ whilst still in the state of wudu’ with the water of an Islamic institute (madarasa) or waqf (endowment) water,   Mf+t: p.45].

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Things that Nullify the Wudu’

5.13   There are twelve things that nullify wudu’:

(1)  Anything which exits from the front and back passage of the private parts, besides wind from the front passage:

(2)  after giving birth even though no blood is visible;

(3) the flowing of impurity from anywhere else other than the front and back passage of the private parts, such as blood and puss.

(4)  Vomiting a mouthful of food, water, blood clots or bile.  The correct view on determining ‘a mouthful ’ is that one is unable to close one’s mouth except through difficulty.

Vomiting several times is regarded as vomiting once, if gathered, the summation would reach a mouthful provided that the cause for each vomit is the same.

(5)  An equal amount or predominance of blood upon one’s spit.  [Z: If the spit is yellowish this would indicate to the predominance of the spit; whilst a reddish colour would indicate to the predominance of blood. This ruling applies when the emission of blood is from the gums.  However, if it is from the head or chest, then however small the amount of blood, it shall annul the wudu’ ,  ai: p.49];

(6) to sleep in such a way that one’s buttocks are not firmly established upon the earth;

(7) or to sleep in such a way that one’s buttocks rise off the floor before one awakes, even though one may not fall as a result of them rising.

[Z:  The `illa (reason) why wudu’  breaks when one sleeps is not ‘sleep’ itself, but the possibility that as a result of sleeping one’s limbs may have become so relaxed that they may have allowed wind to escape.   This is why if one sleeps in a posture in which the limbs remain stiff, such as sleeping in sajda (prostration) or ruku` (bowing) then one’s wudu’ will remain intact].

(8,9,10) Due to losing consciousness, or one’s sanity and upon becoming drunk;

(11)  loud laughter by a conscious adult in any ritual prayer consisting of ruku` (bowing) and sujud (prostrating).  [Z: Loud laughter (qahqaha) is when one standing in close proximity can hear the laughter. Laughter (dihk) which only the one laughing is able to hear will annul one’s salah but not the wudu’ and smiling (tabassum) would have no bearing on either,   Mf: p125].

(12)   Rubbing a vagina with an erect penis without any form of a barrier.  [Z: If the barrier is thin such as a condom or a thin piece of clothing through which one can feel the sensation then this will annul the wudu’,   ai: p.49].

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Things that do not Nullify Wudu’

5.14   Things that do not nullify wudu’  are ten:

(1)   Blood which has not flowed from its wound; [If one wipes the blood from the head of the wound, such that if it was not wiped the impurity would spread, then the wudu’ will be considered invalid,   Sharh fath al-qadir, 1/39];

(2)  the loss of a piece of flesh without any blood flowing;

(3)  the exiting of a worm from one’s wound, ear or nose;

(4,5) touching one’s penis, [or vagina or anus,   Mf: p.127]; or a female;

(6,7) vomit which is not a mouthful; or a mouthful or more but that of phlegm;

(8,9)  the swaying of a sleeping person in such a way that it is possible that his buttocks may have lifted; or one whose buttocks are established upon the earth, even though he is leaning upon an object which, if removed, would cause him to fall;
10) the sleeping of one who is praying, even though it may be whilst performing ruku or sujud, provided he maintains his posture according to the sunna.  [If one’s posture is no longer according to the sunna, then one’s wudu’ will be invalidated such as one’s arms collapsing upon the rib area or the stomach collapsing upon the thighs in sujud,   ai: p.51].

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