The scholars of Islam have differed on the type of purification
of the feet [required] for the parts of the wudu. The jurists
of the masses have stated (and amongst them are the four Imams),
that it is obligatory to specifically wash [the feet]. Dawud b.
`Ali and al-Nasir li'l-Haqq, who are amongst the Imams of the
Zaydiyya, have stated it is obligatory to combine between the
washing and the wiping, whereas some of them have said one can
choose between the two. The Imamis (in following the Imams of
the pure family) have said it is obligatory to wipe.
The proof of the Imamis
[The proof] is the saying of the Most High: "And wipe your
heads and your feet up to the anklebones."(5:6) For us,
the reasoning as explained by Imam al-Razi is sufficient. When
arguing based on this verse he stated in detail saying: "The
proof of those who say it is obligatory to wipe is based on two
famous readings in the [Qur'anic] statement `and your feet'
(verse 5:6). Ibn Kathir, Hamza, Abu `Amr and `Asim - based on
the reports of Abu Bakr narrated from him - have recited it in
the genitive case; Nafi', Ibn `Amir and `Asim have recited it,
according to the tradition reported by Hafs from him, in the accusative
case." He (al-Razi) said: "So we say, as for the recitation
in the genitive, it would necessitate the feet [in the verse]
to being a conjunction with the head. Therefore, just as it is
obligatory to wipe on the head, similarly [it is so] on the feet."
(Al-Razi said): "If it is said why is it not permissible
to claim that the [word feet] ends in the genitive case due to
the rule [stating] that the genitive case is inserted based on
what closest to it as it is in the saying `the hole of a lizard
is destroyed' and `the leaders of the people are wrapped
up in a garment?'
We say: This is invalid for several reasons: 1) The [rule of the]
genitive case being inserted based on the word closest to it is
considered to be a mistake which is tolerated due to the needs
of a poem, whereas the speech of God is necessarily above that.
2) The above rule is only applied where the possibility of confusion
is safeguarded against like the saying "the hole of a lizard
is destroyed" for it is necessarily known that that destruction
is not attributed to a lizard, rather, it is to a hole, whereas
there are no safeguards against confusion in this verse. 3) The
[rule of the] genitive case being inserted based on the word closest
to it is applicable [only] when there is no conjunction; as for
when there is a conjunction the Arabs do not use it." And
al-Razi [further] said: "As for the reading [of the feet
in the verse] being in the accusative case, they have said that
this also requires the wiping and that is because of His saying
`and wipe your heads,' the [word] head [in the sentence]
is in an accusative position, due to the command `wipe'
- as it (the head) is the object [in the sentence], but it is
[written] in the genitive case due to the preposition ba. So
if `the feet' are conjoined to `the head' [in the
sentence] then we are allowed to read `the feet' in the
accusative case, as it is conjoined to the position of the head
[which is in the accusative case in the sentence]. We are [also]
allowed to read it in the genitive case as a conjunction (to the
apparent preposition)." He said: "If this is clear,
then we say it is clear for us that it is permissible that the
`amil (a word governing another in syntactical regimen)
of the accusative in His saying `...and your feet....'
be His saying `wipe.' [However] it is permissible that
[the 'amil] be His saying `wash' but if the two
`amils are combined on one word, then the closest one is
the best [to use]." He said: "It is obligatory that
the 'amil of the accusative in His saying `and your feet'
be His command `wipe.'" (Al-Razi said): "So
it is clear that the recitation of `and your feet' in the
accusative also leads to the wiping [of the feet].
Then they [objected] saying it is not permissible to defend it
(the wiping) by traditions because all of them are in the form
of singular traditions and the abrogation of the Qur'an by a singular
tradition is not allowed." This is his speech word
to word, nothing is left out, but he (al-Razi) further said: "There
are many traditions reported on the obligation of washing. Washing
[the feet] includes the wiping whereas the opposite is not the
case. Therefore washing is closer to observing caution. So it
is necessary to opt for it (washing). On this basis, it is necessary
to be sure that the washing of the feet takes the place of the
wiping" etc. I say, as for the traditions on washing, you
will know the view of the Imams of the ahl al-bayt and
their friends about it soon, God willing.
As for his saying that the washing includes the wiping, this is
a clear mistake, rather, they are two [separate] entities linguistically,
according to custom and the shari`a. It is necessary to
note that washing the feet cannot take the place of wiping them.
Imam al-Razi stood between two opposites; the contradictions between
the fixed Qur'anic verse and, in his view, the authentic
traditions; he therefore confused himself by saying that the washing
includes the wiping and that it is closer to the most cautious
[course] and that it takes the place of the wiping. [In doing
this] he thought thereby that he combined the verse and the traditions.
One who examines this defence of his will find him in confusion.
Had there not been a clear verse indicating the obligation of
wiping on the feet, he would not have needed to make the washing
take the place [of the wiping] so examine and contemplate carefully.
A group of the intelligent scholars of fiqh and Arabic
trod this path, amongst them was the jurist and researcher Shaykh
Ibrahim al-Halabi who studied the verse on the wudu in
his book called "Ghaniyah al-Mutamla fi sharh maniyya
al-musalli 'ala madhhab al-Hanafi." He
said: "It (the feet in the aforementioned verse) has been
recited by the seven [reciters] in the accusative and the genitive
cases; the famous opinion is [to recite] it in the accusative
case, conjoined to `on your faces' and the genitive case
is inserted on that word which is closest to it". He (al-Halabi)
said: "And the correct view is that the feet are conjoined
to the head in the two recitations, [it can be recited in] the
accusative due to the position in the sentence (as it is the object
in the sentence) and they (the feet in the statement) can be recited
in the genitive case due to the preposition." He continued:
"That is because of the prohibition of the conjunction [of
the feet] to `on your faces' because of the separation
between the conjunction (`atf) and that which it is conjoined
to (ma`tuf alayh) due to a foreign sentence (which is `wipe
your heads')." He said: "And the rule is that
there should be no separation between the two (the conjunction
and what it is conjoined to) by a word let alone by a sentence.
We did not hear in pure Arabic that I hit Zayd and I passed by
Bakr and `Amr with a conjunction of `Amr on Zayd. As for the genitive
case being inserted based on the word which is closest to it,
it can occur rarely in adjectives like the saying of some of them:
"This hole of the lizard is destroyed."
And amongst those who travelled this clear path is Abu'l-Hasan
al-Imam Muhammad b. `Abd al-Hadi known as al-Sanadi in his commentary
on the Sunan of Ibn Maja. He says (after being sure that
the apparent meaning of the Qur'an requires wiping): "The
wiping is the apparent meaning from the book because reciting
it in the genitive case is apparent in it; however, imposing the
recitation in the accusative case by making it a conjunction to
the position [in the sentence] is better than preferring the recitation
in the genitive case over the accusative case as stated by the
grammarians." (He said): "Also, by doing this, we are
free from the separation by a foreign (sentence) between the conjunction
and what it is conjoined to. So the apparent meaning in the Qur'an
is the wiping." These are his words but, like others, he
deemed it necessary to interpret the Qur'an [according] to the
traditions which explicitly talk of the washing."
Concerning this verse, Imam al-Zamakhshari has philosophized it
in his al-Kashshaf [saying]: "The feet are amongst
the three parts which are to be washed by pouring water on them;
they (the feet) are the place one expects the prohibited extravagance
of water [to be practised], hence it was conjoined to the third
part of the wudu [which is] to be wiped; it was conjoined
to it (the head) not for the sake of wiping but to indicate the
necessity of moderation when pouring water on the feet."
He said: "And the verse states `to the anklebones'
as the final point [in washing] to remove any thoughts of those
who might think that they (the feet) are to be wiped since no
limits have been imposed on the wiping in the shari`a."
This is the reasoning offered for the conjunction of the feet
on the head and for mentioning the limits [of wiping] on the feet.
As you can see, nothing in it is derived from the shari`a rulings
from the fixed verse. Neither is there anything concerning it
in the exegesis, nor is there any verse which proves it (his view).
He is merely trying to interpret the verse according to his views
rather than deriving his views from the proofs. He has exceeded
the limits in his speculations, nobody pays heed to him except
one who is convinced of washing the feet based on primary juristic
rulings. As for it being a point of contention, it is not to be
paid heed to especially after their admission that the apparent
meaning of the book indicates the obligation to wipe. Sufficient
for us is the Arabic [grammatical] rule that the feet are conjoined
to the wiped head, this is according to the agreement of the sources
and juridical rulings.
A view on the traditions of washing the feet
The traditions on washing [the feet] are of two types, there are
those which do not indicate it, like the tradition of `Abd Allah
Ibn `Amr b. `As. He says - as reported in the two Sahihs
that: "We lagged behind the Prophet on a journey we travelled
with him. We caught up when the time for the `asr prayer
had set in. So we started wiping on our feet and he said: "Woe
to the heels from the fire of hell"."
If this [tradition] is correct it would lead to the wiping since
he (P) did not forbid it (the wiping) rather, he emphasized it
for them as you see. He merely rebuked them for the filthiness
of their heels, no wonder, amongst them were Arabs who were completely
ignorant; they were urinating on their heels especially when travelling.
He threatened them with the fire so that they would not pray with
their impure heels.
Amongst these traditions are those which indicate the [obligation
of] washing like the tradition of Humran, the client of `Uthman
b. `Affan. He said: "I saw `Uthman pouring out [the water]
on his hands from his vessel and he washed them three times. Then
he put his right hand for the wudu then he rinsed, inhaled
then he went away." It has been reported in it that he then
washed every foot three times and he said: "I saw the Prophet
performing the ablution just like my ablution." Similar
to this is the tradition of `Abd Allah b. Zayd b. `Asim al-Ansari
and it was said to him: "Perform the wudu for us like
the wudu of the Prophet of God." So he asked for
a vessel and he turned it over his hand and, at the end of the
tradition, it states: "then he washed his two feet up to
the anklebones." Then he said: "This was the wudu
of the Prophet of God" and other traditions reported along
these lines. There are objections for many reasons: 1) They are
contrary to the book of God, the Almighty and Glorious, and [contrary]
to what the Imams from the pure family have agreed on. The book
and the family are the two weighty things of the Prophet of God
which will never ever separate and the community will not go astray
if they stick to the two, so whatever contradicts them should
be discarded.
What is reported from the savant of the umma and the receptacle
of the book and the sunna, `Abd Allah b. `Abbas is sufficient
to refute the [act of] washing and the weak traditions [on washing].
He was arguing for the wiping and would say "Allah has imposed
two washings and two wipings, don't you see that when He mentioned
the tayammum, He imposed two wipings instead of the two
washings and he left the two wipings of the wudu [as they
were]?"
He used to say that the wudu consists of two washings and
two wipings and when he learnt that al-Rabi`, the daughter of
Ma'udh b. `Afra al-Ansariyya, claims that the Prophet used to
do the wudu at her place and he would wash his feet, he
came to her and asked her about it. When she related it to him
he said - not verifying but repudiating and arguing - "the
people refused [everything] but the washing whereas I do not find
in the book of God anything but the wiping."
Secondly, if this (obligation of washing in the ablution) was
true, it would have been successively transmitted because the
need to know about the purification of the feet in the wudu
is a general need for the men and women of the community, for
those who are free and those who are slaves. It is a basic need
for them every day and night. If [the command] "do not wipe"
was understood by the ruling of the verse those who follow the
shari'a (mukallafun) would have known it at the
time of the Prophecy and after it. It would have been a certain
thing between them; these traditions would have been successively
transmitted from the Prophet (P) at all times and in all cities
and there would have been no opportunity to refute or doubt them.
Since this is not so, the weakness of those invalid and baseless
traditions becomes clear to us.
Thirdly, the traditions on the type of purification of the two
feet are contradictory. Some of them require the washing like
the traditions of Humran and Ibn `Asim, and, as you have read,
some of them indicate the wiping like the hadith which
al-Bukhari reported in his Sahih. All of this has been
reported by Ahmad, Ibn Abi Shayba, Ibn Abi `Umar, al-Baghawi,
al-Tabrani and al-Mawardi, all of them with a chain of reliable
transmitters. From Abu`l-Aswad and `Ibad b. Tamim on the authority
of his father who said: "I saw the Prophet of God performing
the ablution and wiping on his feet."
Similarly, Shaykh (Tusi) has reported an authenticated tradition
from Zurara and Bukayr, the two sons of A`yan, from al-Baqir (A.S.)
that he narrated the wudu' of the Prophet of God. He wiped
his head and his feet to the anklebones with his palm and he did
not take fresh water. It is reported from Ibn `Abbas that he narrated
the wudu of the Prophet of God (P) and he wiped - as reported
in Majma' al-Bayan - on his feet. When the traditions contradict
each other, the source of reference is the book of God, the Almighty
and Glorious, we cannot deviate from it.
The view on their argument here based on Istihsan
Sometimes the masses argue for the washing of the feet, they see
it as most suitable for the feet rather than wiping [the feet],
just as wiping is more suitable for the head rather than the washing
because mostly, the filth on the feet cannot be cleaned except
by washing them as opposed to the head, it can be cleaned mainly
by wiping.
They said that there is nothing to prevent the benefits, as understood
by the intellect, to be causes for the prescribed worship. Thus
the law looks at [an act] in two meanings: the general benefit
and the benefits derived from that [act of] worship. By the general
benefit they mean the benefits that can be sensed [by the intellect]
and by [the benefits] of worship they mean what refers to the
purification of the soul.
I say: We believe that the lawgiver was lenient to His slaves
in everything that He prohibited them from, unless where there
was corruption for them. Despite that, He did not impose a single
shari'a ruling on them nor did He command them to
do anything unless it was to their benefit. He did not make these
rulings dependent on the slaves' views of the benefits
and corruption, rather, He imposed the rulings on them with strong
proofs which He prescribed for them. He (Allah) has not given
any alternative to them nor has He prescribed anything equivalent.
The first source of those rulings is the book of God, the most
Mighty and Glorious, in which He has commanded the wiping of the
head and the feet in the wudu, so it is essential to abide
by His ruling. As for the cleanliness of the foot from filth,
it is necessary to guard against it before wiping on it acting
in accordance to special proofs, which show that it is a prerequisite
that the parts where wudu is done must be pure before starting
it.
Perhaps the washing of his feet by the Prophet of God (P), as
reported in the traditions, was due to this reason. Maybe he did
it to cool his feet or because he was intense in observing cleanliness
after completing the wudu and God knows best.
Notice
Ibn Maja has reported concerning the washing of the feet in his
Sunan from Abu Ishaq on the authority of Abu Hayya, he
said: "I saw `Ali doing the wudu and he washed his
feet to the anklebones and then he said: `I wanted to show you
the purification of your Prophet (P)'" When he completed
this citing tradition, al-Sanadi said in his comments on the Sunan:
"Since the washing has been narrated from `Ali, this is a
major refutation against the Shi`a who believe in the wiping of
the feet." He further said: "Therefore the author has
mentioned it on the authority of `Ali, and has started the chapter
with it. The author has done well and he excelled in reporting
the hadith of `Ali in this chapter, may God reward him
for that." He said: "The apparent meaning from the
Qur'an necessitates the wiping as has been reported from Ibn `Abbas
but it is obligatory to interpret it as referring to washing."
These are his words, may God forgive him, Imam Ibn Maja and all
the scholars of the masses. They know that this tradition is invalid
because its chain of transmission is invalid due to several reasons.
Firstly, Abu Hayya, the reporter of this tradition, is completely
unknown. Al-Dhahabi mentioned him in the section of the patronymics
(al-kuna) in his Mizan and has stated that he is
not known. Then he cited Ibn Madini and Abu Walid al-Fardi saying
that he (Abu Hayya) was an unknown person. Then he said: "Abu
Zar`a said he is not mentioned." I say I have investigated
Abu Hayya extensively and I have not found a discussion except
that it mentioned him as an unknown person; perhaps some fabricators
of traditions have fabricated him, and God, the Almighty, knows
best.
Secondly, this tradition is only reported by Abu Ishaq. He grew
old and he used to forget and confuse traditions so people abandoned
him. Nobody except Abu al-Ahwas and Zuhayr b. Mu`awiya al-Ju`fi
narrated from him, and so people found fault with him because
of that. No wonder, if a traditionalist mixes up [traditions],
all his traditions which are not known to have been transmitted
before his becoming confused become invalid; [this is applicable]
whether it is known that it has been reported after his confusion
(like this tradition) or the date of the tradition being reported
is not known. [This is] because general knowledge in doubtful
specific circumstances necessitates keeping away from all the
peripheral matters as has been established in usul al-fiqh
(the science of deriving juridical principles).
Thirdly, this tradition contradicts established traditions from
the Commander of the Faithful and from his sons, the ahl al-bayt
of the Prophecy and the place where Prophecy was revealed and
the frequenting place of the angels and where revelation was revealed;
it also contradicts the book of God, the Almighty and Majestic;
so let us discard it.
To the two anklebones
The two anklebones are mentioned in the verse of the wudu,
they are the joints between the legs and the feet, according to
the ruling of an authentic tradition reported by Zurara and Bukayr,
the two children of A`yan. They asked Imam al-Baqir about it.
This is clear from al-Saduq, he has also reported from them. The
Imams of the languages have also stated that every joint of the
bones is an anklebone.
The masses have stated that the anklebones here are the two bones
which grow on the side of every leg. They have argued that if
the anklebone is the joint between the foot and the leg, this
would mean every leg has one anklebone so it would have been necessary
for God to have said "and [wipe] your foot to the anklebones."
Just as it is clear that for every hand there is an elbow, He
said "and your hands with the elbows."
I say if He had stated with the two elbows then it would have
been correct without any doubt and the meaning becomes "and
wash your faces and your hands with the two elbows of all of you
and wipe your heads and feet to the two anklebones of all of you."
Thus [using] the dual and plural of the two words in the verse
are equivalently correct. Similar is the case if one is mentioned
in the plural and the other in the dual. Perhaps that would be
required for artistic expression.
This only applies if we talk of one anklebone in the foot, but
if there are two anklebones in every foot then there is no point
for them to dispute. Anatomists have agreed that there is a bone
which is circular like the anklebone in the cattle and the sheep
under the bone of the leg where the joint of the foot and the
leg [is located], this is also called the anklebone. Based on
this, the wiping of every foot ends at the two anklebones and
they are the joint itself, with a round anklebone under it. In
[using] the dual for the anklebone in the verse and not using
dual for the elbow is a subtle point and an indication; something
which only anatomists knew, so Glory be to the one who Created,
the One who is most Knowledgeable, and the most Wise.
The wiping on the slippers and socks
The jurists of Islam have differed greatly on the [question of]
wiping on slippers and socks, [differences] which can not be covered
in this haste. In short, the discussion on it is connected with
the question of its permissibility and non-permissibility and
on limiting and defining its position. It [also] pertains to its
characteristics, its timing, its prerequisites and [on what] destroys
it.
As for it being permissible, there are three views:
1) Always allowed whether one is travelling or at home.
2) Permissible when travelling, not when at home.
3) Not allowed at all as it has not been regulated in religion.
The three views are narrated from the first generation and from
Malik.
As for defining its position, they have also differed on it. There
are those who say that it is obligatory to wipe the upper part
[of the slipper] and that the wiping on the lower part is recommended.
[Others] state that it is obligatory to wipe the outer and the
inner parts. The third view is that it is obligatory to wipe the
outer rather than the inner part, for the wiping of the inner
part is neither obligatory nor recommended. There are those who
say that one can choose between wiping the inner and the upper
part, whichever you wipe becomes obligatory.
As for the type of position, those who say [it is necessary] to
wipe on the slippers have differed on the wiping on the socks,
some have allowed it others have disallowed it.
As for the description of the slipper, they have differed on the
[permissibility] of wiping on torn slippers. Some have allowed
wiping on it as long as it can [still] be called a slipper even
if it's tear is excessive. Amongst them are those who have not
allowed the front part of the slipper to be torn whereby the foot,
however little, may be visible. Some of them have allowed wiping
on it provided the tear is little.
As for it's timing, they have disagreed on it [too]. Some have
said there is no time [fixed] for it and that the wearer of the
slippers can wipe on them as long as he has not removed them or
he has not become ritually impure. Some have stated that there
is a special time for that (the mash) for those at home,
those travelling have a different time, they have also differed
on the description of a journey and [definition] of the distance.
As for the conditions of wiping on the slippers, it is that when
wearing the slippers the feet must be pure by performing the ritual
ablution (wudu). This is a condition which most of them
have imposed. However, it has been narrated from Malik that this
is not a condition. They have disagreed on the question of one
who has washed his feet, worn his slippers and then completed
his wudu; is his washing of the feet sufficient for him
before he wears them or must he wipe them? They have two views
on this.
As for different [things] breaking the [act of] wiping, one of
them is the removal of the slippers. A group has stated that the
purity remains if he removes the slippers until something which
breaks the ablution occurs, he does not have to wash his feet.
Others have said that his purity is broken by his mere removal
of the slippers. Others still have said that his purity remains
if he washes his feet after removing his slippers. If he prays
without washing them then he has to repeat the prayer after washing
them. [They have] other differing views and contradictory verdicts
on that which pertain to the wiping on the slippers, it is not
our intention to discuss the details now.
As for the Imamis, following their predecessors - following the
Imams of the pure family - [their view] is that they do not allow
the wiping on the slippers, whether that be at home or on a journey.
For our proof, the saying of the Almighty is sufficient. He said:
"And wipe your heads and feet to the anklebones." This
[verse] imposes the obligation of wiping on the feet themselves.
Where did the wiping on the slippers come from? Has this verse
been abrogated? Or is it ambiguous? Never, on the contrary - and
this is unanimously agreed upon - it is amongst the unambiguous
verses which are [part of] the mother of the book. The exegetes
are agreed that there is no abrogation in the chapter of Ma'ida
(chapter 5) which includes the verse on the wudu except
for one verse "O you who believe, do not violate the sanctity
of the symbols of God (5:2)." Some of them have claimed
that it, not other verses of the blessed chapter, have been abrogated.
As for the traditions which indicate the permissibility of wiping
on the slippers, they do not prove anything according to our conditions.
We have shown their weaknesses. Additionally there are [other]
considerations:
1) They are opposed to the book of God, the Almighty and Glorious.
It has been reported from the Prophet of God (P) that he said:
"If a hadith is reported to you from me then compare
it with the book of God. If it agrees to it then accept it, otherwise
reject it."
2) They (the traditions) contradict themselves, therefore many
differences have arisen amongst those authenticating them, acting
on what they require, as you have noted. What we have indicated
recently is that they have differed on their verdicts as they
(the traditions) contradict themselves since they are the sources
for their (the jurists') rulings.
3) The consensus of the Imams of the pure family (`Ali and his
sons, the legatees) on the ruling of not permitting the mash
(wiping) on any obstacle whether it be [in the form of] slippers,
socks and shoes or other types [of materials], their traditions
clearly contradict the traditions of the masses which indicate
the permissibility of doing so. The ruling that is established
concerning contradictory traditions is to prefer what agrees with
the book of God, the Almighty, Glorious. This applies if they
are equal as regards to their isnad and proofs. How can
the weighty [thing] from the Prophet of God (P), the other half
of the book of God, the most High, the ships of salvation of the
umma and the door of [reducing the] burden of it's sins
and its [the umma's] safety from differences be equal [to
these traditions]?
4) If this [wiping on the slippers] was true, then it would have
been successively transmitted at all times and places. This is
because the need to know the purity of the feet in the wudu
is a general one - as we have said before - for the men and women
of the umma. It is a basic need for them every day and
night whether they are at home or on a journey. If the verse meant
"not wiping" then those abiding by the shari'a would
have known it at the time of Prophecy and after it. It would have
been an established thing amongst them in all generations especially
as it is coming in devotional worship whose meaning is not rationally
derived. [The fact that] it is alien to the act of worship would
necessitate it being well-known due to its strangeness. Since
the matter is not so, the weakness of these invalid and baseless
traditions becomes clear to us.
5) Assuming that this [wiping on the slippers] is correct, there
should have been an abrogating [verse] to the verse of al-Ma`ida,
since this is the last chapter that was revealed. By it, Allah
perfected His religion and completed His blessings and He was
pleased with Islam as His religion. Its obligations are obligatory
to the day of resurrection; its prohibitions are forbidden to
the day of resurrection. Just as the mother of the faithful, `A'isha,
said to Jubayr b. Nafir - when he performed the pilgrimage and
visited her - "O Jubayr, do you recite the Ma'ida?"
He said: "Yes." She said: "It is the last chapter
which has been revealed, what you find permitted in it then consider
it as halal, what you find forbidden in it then prohibit
it."
The masses stubbornly cling to the ruling of mash on the
slippers [even] after its revelation due to the hadith of
Jarir: He urinated, then he performed the ablution and wiped on
his slippers. It was said to him: "Do you do this?"
He said: "Yes, I saw the Prophet of God (P) urinating and
then performing the ablution and wiping on his slippers."
Muslim reported it and he also reported that this hadith surprised
them because the conversion of Jarir was after the revelation
of the Ma'ida.
I say: On the contrary, his conversion was before the revelation
of the Ma'ida. The proof of this is his presence at the
farewell pilgrimage with the Prophet of God. He (P) asked him
on that day - as is in the biographical profiles of al-Isaba,
reporting from the two Sahihs - that he should ask the
people to hear [the sermon]. So his conversion must have occurred
before that pilgrimage, and the revelation of the Ma'ida
certainly did not occur before that.
Furthermore, al-Tabrani reported from Jarir - as reported in the
profile of al-Isaba - he said: "The Prophet of God
(P) said: `Your brother al-Najashi has died.'" The
death of al-Najashi occurred before the revelation of al-Ma'ida
for there is no doubt that he died before 10 A.H.
Al-Qastalani has another strange stubbornness: He says - about
wiping on the slippers - the mash is not abrogated by the
hadith of al-Mughira. The Prophet's (P) wiping on his slippers
is clear in the battle of Tabuk and it was his last battle and
the Ma'ida was revealed before it during the expedition
of al-Marisi'.
I say: The expedition of al-Marisi' was also the expedition of
the Banu Mustaliq, they occurred on the second night of Sha'ban
in the fifth year, some say in the fourth year as is [reported]
by al-Bukhari from Ibn `Uqba. Al-Nawawi also followed this in
his al-Rawda. It has been said that it occurred in 6 A.H.
After it, sura al-Ma'ida and many other chapters were revealed.
The verse on tayammum was revealed during it (the expedition).
This is the saying of the most High in sura al-Nisa' (chapter
4): "If you are sick or on a journey or if you go for a call
of nature or if you have gone into your women and you do not find
any water then perform the tayammum on pure earth and wipe
on your faces and hands, God is most forgiving, kind (4:43)."
The report on this is established from `A'isha, it is reported
by al-Wahidi in his book [entitled] Asbab al-Nuzul (occasions
of revelations), so refer to it so that you are sure that al-Qastalani
mistook the verse on ablution with the verse on tayammum.
Moreover, we do not depend on al-Mughira and Jarir, soon you will
know what we have discovered about al-Mughira. Jarir had behaved
with the legatees (of the Prophet of God) in a manner which makes
us doubt about him too.
6) The mother of the faithful `A'isha - despite her status
with the sunna and her astuteness and despite her location
where revelation descended and was legislated - would strictly
forbid the wiping on the slippers. Ibn `Abbas - he was the scribe
of the umma and the receptacle of the book and sunna,
this cannot be denied - was also amongst those who severely refuted
it. Both of them refuted it to the utmost possible degree.
Why don't you examine her statements with me? [She said] "Because
cutting my feet is more beloved to me than wiping on the slippers."
He (Ibn `Abbas) said: "Wiping on the skin of a donkey is
more beloved to me than wiping on the slippers."
Can you reconcile this form of rejection with those traditions?
Never, given her status, they can never be reconciled. If these
are the statements reported orally from her, by those who know
the lean and fat [of traditions], how is it possible for us to
rely on them given our remote distance from them (the traditions)
over centuries and generations?
One who examines, without prejudices, the repudiation [of mash]
by those close to the Prophet of God (S.A.W.) like his wife and
his cousin and all the guided leaders from his family, he would
be compelled to doubt those traditions.
From this, you will know that the claim that they (the traditions
on wiping on the slippers) have been successively transmitted
is extravagant and [mere] speculation. Can they reach the level
of tawatur (i.e. successively transmitted by many chains
of authority) whilst these pious notables be ignorant? Or are
they ignorant of the traditions? Glory be to you, this is a great
accusation.
If they were successively transmitted, then `Abd Allah b. `Umar
would not have refuted them nor would Imam Malik in one of the
two traditions reported from him, nor would any other upright,
upright believing predecessor refute it.
Those who have done complete injustice have said: "I fear
unbelief for one who does not wipe on his slippers." It
has been seen that the mash on the slippers is not a part
of religion, nor is it amongst the essentials of it's derivatives
nor is it something which the book has imposed nor is it - by
the consensus of the umma - what the sunna has made
obligatory. Rather, it is merely a dispensation for a part of
the Muslim community. Is there any blame for one who does not
practise it [acting instead] in accordance with what the verse
on wudu has imposed? The people of the qibla have
agreed on the correctness of the acts which it (the verse) dictates
and have agreed on the permissibility of the prayer by that. On
the other hand, the correctness of the wudu, the removal
of uncleanness and the permissibility of prayer by it (i.e. by
wiping on the slippers) is a point of dispute between the Muslims.
Can disbelief be feared from one who observes caution? What is
your view of `A'isha, `Ali, Ibn `Abbas and all the ahl
al-bayt since they did not observe the wiping on the slippers,
O Muslims?
The mash on the turban (`imama)
Our scholars have stated that wiping on the turban is not allowed.
This is the view of al-Shafi`i, Abu Hanifa and Malik. Imam Ahmad
b. Hanbal, Abu Thawr, al-Qasim b. Salam, al-Awzai and al-Thawri
opposed this. The difference is reported from others too. They
have stated that it is allowed by drawing an analogy with the
[mash on] slippers and acting according to the hadith
of al-Mughira b. Shu`ba that the Prophet of God (P) wiped
on his forelock and on his turban. Other chains of transmission
[state] that he had wiped on his turban, the forelock is not mentioned.
The book of God, the Almighty and Glorious, "and wipe on
your heads" and the practice of His Prophet of wiping on
his (P) forelock are sufficient for us. This is certain, it does
not require elucidation. The consensus on it has been formed both
by it being narrated and through direct investigation (muhassal),
thanks be to God, the Lord of the Universe.
There is no proof for them in drawing an analogy with the slippers
for the religion of God cannot be known by analogy. Moreover,
the mash on the slippers is forbidden, as you know.
As for the hadith of al-Mughira, it is invalid, Muslim
has reported it. Concerning the hadith, Abu `Umar
Ibn `Abd al-Barr has stated that it is a weak tradition. I say:
Perhaps Abu Hanifa, al-Shafi`i and Malik did not attach importance
to it as they deemed it to be weak too.
Al-Mughira had a habit of deception, misleading people, inconsistency
and trickery. He was immersed in diseases, submersed in lust and
[indulged in] outbursts of treachery and transgression of the
limits [imposed] whenever he liked and disliked especially with
those enemies of the family of Muhammad (P) who follow them and
those friends of God and His Prophet who had enmity towards them.
He became a Muslim to spare his life from the Banu Malik and that
was because he came with a group of their notables to Ceaser when
he was in Alexandria. The Malikis succeeded in getting a gift
from the king whereas he did not. He was overcome with greed and
jealousy towards them so he invited them for drinks and they agreed
to accompany him. He made them drink until it affected their senses.
He turned against them and killed all of them, and he appropriated
their wealth. Since he did not feel safe from [the vengeance of]
their families he joined Islam. He came to the Prophet of God
(S.A.W.) when he was in Medina. He entered to see him and
testified that there was no god but Allah and that Muhammad was
the Prophet of God. As was his practise with the believers and
hypocrites, the Prophet accepted his Islam. When the property
of the Banu Malik was presented to him, he refused it. It was
proper for him to accept it since it was from those who had waged
war and they had seized it unlawfully, [property] which Allah,
the most High, did not forbid [him to take]. However, since that
was taken by deceit, his sanctity did not allow him to accept
it, so he made his (al-Mughira's) property copious for
him.
This was his Islam, it gives you a picture of his principles and
shrewdness. In a famous story of the events of the year 17 A.H.,
Abu Bakra - he was amongst the prominent companions - and his
companions testified against him for acts which would require
punishment. How can we compare the wise Qur'an with his traditions,
O people of understanding?
Is there a limit to the wiping on the head?
Our scholars have ruled that there is no limit to the mash
on the head, not for what one is wiping with (extent of fingers)
nor what is being wiped, rather, what is normally called a wiping
is sufficient even if that means the minimum of touching according
to the 'urf (conventional usage of the term "wipe").
This is also the school of thought of the Shafi`is. The two Imams,
Malik and Ahmad, and a group of others have maintained that it
is obligatory to wipe on the whole head, whereas Imam Abu Hanifa
has said it is obligatory to wipe a quarter of it with three fingers,
if he wipes with less than that it is not sufficient for him.
Our proof is the saying of the most High: "And wipe on your
heads," the meaning is [any form of] touching of the head.
Just as this can be attained by embracing [the whole head] and
by a quarter of it, it can [also] be attained by a minimum of
what is [normally] called wipe even if it be by a part of the
finger passing on a part of the head. There is absolutely no proof
for what they have specified (a specific portion of the head).
If He intended embracing [the whole head], the most Glorious would
have said: "and wipe on your whole heads" just as He
said "wash your faces." If His intention was a specific
amount of wiping, He would have clarified it as He did with the
washing of the hands when he said "with the elbows"
and concerning the wiping of the feet He said "to the anklebones."