Questions on Jurisprudence
(Masa'il Fiqhiyya)
al-Imam 'Abd al-Husayn Sharaf al-Din al-Musawi
THE WIPING OF THE EARS
AND THE SIX DIFFERENT DERIVATIVES
The Imamis are agreed - in following the Imams from the pure family
- that the mash of the ears is not a part of the wudu,
for there is no proof for it in the book, the sunna or
in any consensus. Rather, it is clear from the book that the wudu
consists of the two washings - the face and the hands - and the
two wipings - the head and the feet. The Hanbalis have deemed it obligatory to wipe the ears with the
auditory meatus. Ibn Rushd reported this view from Abu Hanifa
and his companions.Al-Shafi'i and Malik say that wiping them is
recommended. They have differed regarding taking fresh water for
them. A group has broken up from them and have stated they (the
ears) are to be washed with the face. Others have said: "The
inner [part] is to be wiped with the head, the outer is to be
washed with the face." Al-Shafi`i says it is recommended
to repeat [the act] just as he recommends [the repetition] when
wiping on the head. They have argued based on weak traditions, they do not prove anything
for us. The two Shaykhs, al-Bukhari and Muslim, have not reported
anything about it. Despite the weak traditions, those attaching
importance to it have done so due to the force of it being widely
practised amongst them. But the Imams of guidance, being the weighty thing from the Prophet
of God (S.A.W.), did not pay heed to it; they are the people of
the house of Prophecy. The people of the house are more knowledgeable
regarding this, for us, the two weighty things are sufficient. 2: Is it sufficient to wash the head instead of wiping
it?The people of the four schools of thought have agreed that the
washing of the head in the wudu is sufficient instead of
wiping on it, however, they have differed as to whether it is
an abominable act or not. The Hanafis and Hanbalis stated that
it is abominable, arguing that it is contrary to what Allah has
commanded. The Shafi`is maintained: "It is not detestable
but it is opposite to what is preferable to do." The Hanbalis
said: "The washing can replace the mash provided the
hand passes on the head." As for the Imamis, they are agreed that it is not acceptable as
it is contrary to what Allah commanded. It is [also] contrary
to what is proven from the Prophet of God's (S.A.W.) wiping his
blessed forelock rather than washing it. Therefore, legislating
[something] in worship is invalid in itself and makes other [things]
invalid. From what has been previously stated, you know that the
washing and wiping are two separate entities, one cannot suffice
for the other. 3: The sequence (tartib) in wuduThe Imamis have agreed - in following the Imams of the pure family
- in imposing the sequence of acts in the wudu in the manner
which has been described in the noble verse. The Malikis, Hanafis, Sufyan al-Thawri and Dawud have ruled that
it is not a condition nor is it obligatory, they have considered
it to be recommended. If it is opposed, the ablution is not invalidated.
They say that if the one performing wudu was to begin by
washing his left foot and to end by washing his face, contrary
to the verse in all his acts, then his wudu is [still]
correct. Our proofs are the book and the sunna. As for the book,
the sequence is obvious from it even though the conjunction
[of the acts] as described in the verse is by [the Arabic letter]
waw not by then (thumma) or by fa. This is
because waw is used frequently as a conjunction of sequential
things, it is not used in a metaphorical sense. This is proven
by a study of the speech of Arabs, there is no doubt in it for
anyone. Therefore the Kufi grammarians have stated that it (waw)
is proper especially for [describing acts of] sequence and succession
even though [the conjunctions] thumma and fa are
more clear than it. As for the sunna, it is [according] to his saying in a
famous authentic tradition: "The form of the ablution is
the same whether it is for one of the five obligatory prayers
or other obligatory or recommended acts." During his lifetime,
the Prophet (S.A.W.) would be in a pure state by performing the
ritual ablution properly. Anytime it broke, he would renew the
wudu properly. Sometimes he would say: "It is light
upon light." The umma has agreed that he (S.A.W.)
never did wudu except that it was in sequence. If the sequence
was not a condition and an obligation in wudu, he would
have opposed it at least once or would have proclaimed that it's
opposite was [also] allowed, thus explaining the ruling as was
his practise. Since he did not oppose the sequence and did not
announce that its opposite is allowed, we know that it is not
permissible. Moreover, the practical principles (asl al-`amali
- established in usul al-fiqh) require, with regards to
doubtful acts, that we be cautious when we are not sure the conditions
[attached to the act] are fulfilled. Moreover, the ritual impurity
of a thing continues to exist as long as one is not sure that
it's opposite (removal of the impurity) has not occurred (called
the principle of istishab). 4: Muwalat (continuance of acts)Our scholars - in following their Imams - state that the continuance
of the acts of wudu is a condition for it being correct.
The condition is that the previous part should not become dry
- given the same time, place and health of the one performing
the ablution - before completing the following part. The Shafi'is and Hanafis have stated that the muwalat is
not prescribed; it is not a condition or obligatory, rather, it
is a sunna. For them, it is detestable to separate between
the parts if there is no excuse. If there is an excuse, then it
is not abominable. Similarly, it is not abominable if he forgets
[the muwalat] or the water prepared for his wudu
runs out and he goes to get more water to complete his wudu. The Malikis have stated that the muwalat is obligatory
if one remembers and is able to do so. It is dropped if one forgets
or has an excuse. Our proof lies in the acts of the Prophet of God (P) for he would
follow continuation in his wudu just as he performed it
in sequence. No laziness was seen of him in the acts of wudu
at any time, just as they did not see him not observing the sequence.
If the muwalat was not a condition, he would have omitted
it even once or would have announced that it was permissible to
omit it, explaining the shari'a ruling in accordance with
his practise of legislating from Allah, the most High. Since he
did not do this, we know that it is not allowed. Moreover, there is no difference in the correctness of the wudu
if it meets these conditions. If it does not meet them, then its
correctness is a matter of dispute. [When there is no muwalat]
the Imams of the ahl al-bayt, peace be upon them, do not
see it as removing impurity nor does it allow one to pray, so
be cautious in your religion. It is necessary to observe caution
here because the practical principle (al-asl al-'amali)
requires, with regards to doubtful acts, that we be cautious when
we are not sure the conditions [attached to the act] are fulfilled.
Moreover, the ritual impurity of a thing continues to exist (istishab)
as long as one is not sure that it's opposite (removal of the
impurity) has not occurred, as we have discussed. 5. IntentionThe Imamis have agreed - in following the Imams of the two weighty
things - on the necessity of having an intention of the wudu
and ritual bath (ghusl) for them to be valid. For they
are acts of worship which Allah has commanded: "They have
not been commanded except that they worship Allah sincerely in
religion." This is the madhab of al-Shafi`i, Malik,
Ahmad, Dawud, Abu Thawr and many Imams of the masses. The Hanafis said that the obligation to perform the wudu
and ghusl by pure water is only for being in a physically
pure state which is attained by the flow [of water] on the limbs
whether it occurs with or without an intention. This purity may
be attained accidentally, for example, by washing impure clothes
because water, by its very nature, purifies [things]. They said
if a man falls in water unintentionally or entered water for jest,
or to cool or clean himself, or if he was imitating the acts of
others or quenching his thirst and if the water covered the parts
of his wudu, it is proper for him to pray with this wudu.
[This applies] even if he had entered the water as a non-believer
and converted when he came out of it since being a Muslim is not
a condition in the validity of the wudu. Yes, they have seen intention to be necessary for the tayammum
to be correct because the earth does not, by its nature, purify
things. [The fact that] it is a purifying agent is due to ta`abudi
(due to a pronouncement by the lawgiver) so it is essential to
have an intention to perform the tayammum with it. Similar
is the case of the wudu and ghusl with the nabidh
(intoxicating beverage extracted from dates, raisins or barley,
etc.) of dates or the leftovers of a donkey or mule because, like
the earth, nabidh or the leftovers are purifying agents
by ta'abudi (following a pronouncement by the lawgiver). In short, they have differentiated between the wudu and
ghusl which is performed with the nabidh of dates
or the left over of a donkey or a mule and that which is performed
by pure water. They have deemed the first to be worship whose
meaning is not rationally derived so, like the tayammum,
they imposed the intention on it. They have considered the second
to be the means necessary for physical cleanliness like purification
from filth. I do not know from where they knew that the intention of the lawgiver
in the wudu and ritual bath is merely the physical purification
which, due to the nature of water, is attained by it's
flowing [on the limbs]? Every Muslim man and woman knows that
the wudu and ghusl are to remove the effects of
impurities so as to make the prayers - and other acts for which
the wudu is a condition for removing the impurities - valid.
This would have not been perceived nor understood had it not been
for the devotion to the holy commands issued by the one who is
all-wise. The true facts and details are hidden from human beings,
jinns, angels and the whole of creation. Yes, we believe, in compliance
to divine commands, that the wudu is to remove the affects
of the minor impurity and that the ritual bath (ghusl)
is for removing the major impurity, just as we believe in the
obligation of the prayer, fasting, the zakat and pilgrimage
as to how [to do it], how much and when [to perform]. The attainment of physical cleanliness by the wudu and
ghusl many times does not make them mere acts for [being]
clean; just like reviving those deserving zakat; giving
it to them does not exclude [the act of giving] from [also] being
an act of worship, it does not become a [mere] physical act of
welfare. The same applies to the khumus, expiations and
all other alms and material forms of worship. If the aim of the
wudu and ghusl was mere physical cleanliness then
they would not have been obligatory to perform when one is impure
and then becomes completely clean and pure. This is against the
ijma' of the Muslims, and contrary to what has been established
from the leaders of the Prophets (S.A.W.) since he said: "Allah
does not accept a prayer from impurity until [there is] a wudu."
And he (P) said: "God does not accept a prayer without purity
nor any alms [acquired] dishonestly." The prerequisite of the intention here can be proven from the
book and the sunna. This is in addition to what the practical
principle (al-asl al-'amali) requires, i.e., with regards
to doubtful acts, we must be cautious when we are not sure the
conditions [attached to the act] are fulfilled. Moreover, the
principle of istishab states that the impurity remains
when one performs the wudu without an intention. As for the book, the need for intention is derived by combining
the verses from the [chapters] of al-Ma'ida and al-Bayyina.
The verse of the Ma'ida is: "When you undertake the
prayer then wash your faces" (5:6). The minor premise is
established in the form of an analogy, i.e., we have been commanded
to perform the wudu and ghusl. As for the verse
in al-Bayyina: "You have been commanded to worship
only Allah with sincerity in religion."(98:5) The major
premise is established; i.e., everything that we are commanded
to perform must have the sincere [intention] for Allah. However,
there are objections and problems to this deduction. As for the sunna, the wudu of the Prophet of God
(P) requires the sequence and intention based on the assumption
that the validity of actions depends on the correct performance
[of acts]. The Hanafis say: "The assumption is that an act
becomes perfect based on the intention," therefore there
is no proof for what we claim. It can be said as a response to
them: "The first assumption is better since the validity
of an act is more necessary to get to the essence of an act than
it's perfect [performance]. We, the Imamis, in whatever service we pay to Allah, follow the
Imams of the pure family and their rulings are conclusive proofs
for us. [This is] proof in itself since they are the [other] half
of the book of God and receptacles of the sunna of the
Prophet of God (S.A.W.) and the ships of salvation of the umma.
One who boards them is safe and one who stays away drowns. They
are the doors to reducing [burdens of sins]; one who enters them
is granted safety. They are the firmest thing upon which one lays
hold, to which there is no separation. They are the custodians
of the community from differences and its refuge from punishment;
they are the eggs of the Prophet of God through which his devoted
friends and successors burst forth. They are the inheritors of
his knowledge and wisdom; they are the best of people to him due
to the legislation from Allah, the most High, as we have proved
in its place in our Azharite "Muraja'at"
and other publications. The ablution with nabidhThe Imamis are agreed - following the Imams from the family of
Muhammad (P) - on the prerequisite of purity of the water [used]
for wudu and ghusl whether a person is at home or
on a journey. They also agree that if getting water is difficult,
then the mukallaf is required to do the tayammum
on pure earth. This is the view of al-Shafi`i, Malik, Ahmad and
others. Imam Abu Hanifa and Sufyan al-Thawri have allowed the wudu
and ghusl with the nabidh of dates when travelling,
if there is no water. Al-Hasan al-Basri, Abu `Aliya and Rafi`i
b. Mihran see it as an abominable act. `Ata' b. Abu Ribah
says: "The tayammum is more beloved to me than performing
the wudu with milk and yogurt." Al-Awza'i allowed
the wudu and ghusl with all types of nabidh,
in fact with all forms of pure liquid. The proof for the Imamis and one who agrees with them on this
question, in addition to the practical principles (al-usul
al-'amaliyya) - is the book of God, the Almighty and Glorious,
and the sunna of His Prophet (S.A.W.) and the consensus
of the umma. As for the book of God, it is His saying: "If you do not
find water then [use] the pure earth and wipe on your faces and
hands." [This is a proof as] He commanded the tayammum
when there is no water; He did not give any [other] alternative
apart from it (the water) and the pure earth. As for the sunna, his (P) saying "the pure earth is
the wudu of a Muslim if he does not find water" is
sufficient for us. Like the verse, the hadith is clear
and there is no other alternative. As for the consensus, the people of the qibla, all of them,
are of one view. One who disagrees with it has rare views, goes
against the ijma' of the Muslims, the rare views are not
to be considered, it is like the rare view of one who says that
the wudu with sea water is not permitted, for example. Abu Hanifa, al-Thawri and those who agreed with them argued based
on what was reported from Ibn Mas'ud from two chains of transmission: 1) On the authority of al-`Abbas b. al-Walid b. Sabih al-Khallal
al-Dimashqi from Marwan b. Muhammad al-Tatari al-Dimashqi from
`Abd Allah b. Lahi'a from Qays b. al-Hajjaj from Hanash al-Sana'i
from `Abd Allah b. `Abbas from Ibn Mas`ud who said: "The
Prophet of God (P) said to him on the night of Jinn: `Do you have
water?' He replied: "No, only nabidh in the
water vessel (satiha)." The Prophet of God (S.A.W.)
said: "The good date and pure water, pour it on me."
He said: `I poured it on him and he performed the wudu
with that.'" Muhammad b. Yazid b. Maja al-Qazwini reported this hadith by
this chain in the chapter of the wudu by al-nabidh
in his Sunan. To the best of my knowledge, apart from him,
none of the Sunan writers have reported by this chain because
of the thick darkness enveloping it. Al-`Abbas b. al-Walid was
not considered to be reliable or trustworthy. The scholars of
the "wounding and authenticating" have not mentioned
him. Abu Dawud was asked of him - as reported in Mizan al-I'tidal
- and he said: "He was aware of the transmitters of traditions
and the traditions [yet] nothing is reported from him."
You know that they omitted him because of his weakness. As for
his teacher, Marwan b. Muhammad al-Tatari, he was amongst the
Murji'ites gone astray. Al-`Uqayli mentioned him in his book [entitled]
`Weak Reporters'. Ibn Hazm has clearly declared
his weakness, you will know all of this in his biographical profile
in the Mizan al-I'tidal. Moreover, his teacher `Abd Allah b. Lahi'a is one of those who
has been considered weak by their Imams in the wounding and authentication.
So refer to their views concerning his status in the collection
of the biographical profiles like Mizan al-I'tidal and
others. You will find that he has been considered weak by Ibn
Mu`in and Ibn Sa`id and others. Apart from the three men of this
path there are other shortcomings which we do not need to elucidate
on. As for the second path of the chains of hadith, it
ends with Abu Zayd, the client of `Amr b. Harith from `Abd Allah
b. Mas`ud: "The Prophet of God (P) said to him on the night
of Jinn: `Do you have [anything] pure?' He said: `No, except
a little bit of nabidh in the pot.' He said: `The
pure date and pure water, so he performed the wudu.'" Ibn Maja', al-Tirmidhi and Abu Dawud have reported this. The words
"so he performed the wudu" are not in Abu Dawud's
work. This hadith is invalid by this chain also; just as
it is invalid by the first chain. It is sufficient for you to
know that it is invalid [by the fact that] its revolves on Abu
Zayd, the client of `Amr b. Harith, who is not known to the people
of hadith, as al-Tirmidhi and others have written.
Al-Dhahabi has mentioned him in the section of kuna (patronymics)
in his Mizan and has stated that he is not known, that
he reported from Ibn Mas`ud and that his traditions are not correct.
Al-Bukhari has mentioned him to be amongst the weak ones. The
text of his hadith is: "The Prophet of God (S.A.W.)
performed the wudu with nabidh." Al-Hakim
said: "He is an unknown person. He does not have [any other]
hadith, it is invalid." In short, the past scholars have considered this hadith to
be weak in both its chains. Moreover, it contradicts what has
been reported by al-Tirmidhi in his Sahih and by Abu Dawud
in his chapter of the wudu in his Sunan. All the
Imams have verified it from `Alqama that he asked Ibn Mas`ud:
"Who amongst you was with the Prophet of God on the night
of Jinn?" He said: "None of us was with him." Assuming it (the tradition) is correct and it did not contradict
it, the verse on tayammum would abrogate it since the night
of Jinn occurred in Mecca before the emigration. The verse on
tayammum is Medinese without any dispute. It is permissible to interpret the hadith - assuming it
is correct - that, with the water, there was a little dry date
in the pot. The water did not lose its purity nor did it lose
it's attribute [of being] water. Al-Awza`i and al-Asam and those who have agreed with them have
argued that the wudu and ghusl can be performed
with all pure liquids and that Allah, the Almighty, only ordered
the washing and wiping. Just as they can be performed by pure
water they can [also] be done by other pure liquids. The answer: Allah, the Almighty and Glorious, has made the tayammum
compulsory when water is not available. Allowing the wudu
without it (water) would invalidate it (the wudu). This
is what makes the washing commanded in the verse conditional upon
[there being] water as is obvious, praise be to Allah for the
understanding. Perhaps the Hanafis allowed the wudu with yogurt mixed
with water, as is reported from them, by relying on what al-Awza`i
and al-Asam Hatim b. Unwan al-Balkhi relied upon. This is what Allah has made easy for His slave and the son of
His slaves, `Abd al-Husayn b. al-Sharif Yusuf b. al-Jawad b. Isma`il
b. Muhammad b. Muhammad b. Sharaf al-Din Ibrahim b. Zayn al-`Abidin
b. `Ali Nur al-Din b. Nur al-Din `Ali b. al-Husayn Al Abu'l-Hasan
al-Musawi al-`Amili, all praises be to Allah , the Lord of the
Universe.
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