Fiqh of Tahara6

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Fiqh of Tahara-6

• Taught by Hacene Chebbani

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Nullification of Wudu

• Things that nullify the wudu can be divided into
  two types
• Agreed upon nullifiers.
• Anything which comes out through the organs used
  to answer the call of nature.
• - Human stool ... Or any of you comes from
  al-ghaait (5/6)
• - Urine Hadith of safwaan ibn Asaal but not
  from defecation, urine or sleep
  (Tirmithi/Nasai)
• - Passing wind (Both audible and silent) Hadith
  of Abu Huraira He should not leave unless he
  hears a sound or smells something
  (Bukhari/Muslim)

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Nullification of Wudu

• - Al-mani (semen), Almadhi and Al-wadi.
• - Menstrual Blood.
• - Loss of consciousness due to drunkenness or
  illness, because absence of awareness in these
  circumstances is greater than that which occurs
  during sleep. All scholars are agreed upon this.

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Nullification of Wudu

• 2. Controversial Matters.
• Sleep
• First Opinion Sleep nullifies wudu in all
  cases whether it is deep enough to make a person
  unaware of his surroundings, or it is not deep.
• Their Proof The Messenger of Allah used to
  command us whenever we were travelling, not to
  remove our leather socks for 3 days and 3 nights,
  unless we were in a state of janaabah, but due to
  defecation, urination or sleep.

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Nullification of Wudu

• Second Opinion It is only deep sleep which
  makes a person completely unaware of his
  surroundings, that nullifies the wudu. As a
  result, light sleep of someone who is sitting
  down or standing up does not nullify the wudu.
• Their Proof The hadith of Anas (r) that the
  sahaba (r) used to wait for Isha prayer at the
  time of Allahs Messenger (pbuh) until they doze
  off then they pray without renewing their wudu.
  (Muslim, the Book of Haydh, chapter The sleep
  of one who is sitting down does not nullify the
  wudu
• The second opinion is stronger.

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Nullification of Wudu

• 2) Vomiting
• First Opinion Vomiting nullifies the wudu
  unless it is small in volume. This is the opinion
  of Imams Ahmed and Abu Haneefa.
• Their proof Hadith The Messenger of Allah
  (pbuh) vomited and renewed his wudu. (Ahmed,
  Tirmithi, Abu Dawood and others)

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Nullification of Wudu

• Second Opinion Vomiting does not nullify the
  wudu, whether it is small or large in volume. It
  is the opinion of Imam Shafie and the seven
  scholars of Medina and another opinion in the
  hanbali school of thought.
• Their Proofs - The tahara was established upon
  a sharia proof, and can not be removed unless
  there is an authentic sharia proof.
• - We are not allowed to force people to renew
  their wudu without a valid and authentic
  evidence.
• - The hadith used by the other group is weak or
  at least controversial, and it is an action from
  Allahs Messenger that does not contain any
  command.
• The second opinion is stronger.

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Nullification of Wudu.

• 3) Touching ones private parts without a
  barrier
• First Opinion This action will break the wudu.
  This is the opinion of the hanbali school, in
  addition to other scholars.
• Their Proofs
• - The hadith of Busra bint Safwaan (r) that the
  prophet (pbuh) said
• Whoever touched his private part he should make
  ablution (Ibn Majah/Nasai/Tirmithi)

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Nullification of Wudu

• Second Opinion Touching ones private part does
  not break the wudu.
• Their Proof
• - The hadith of Talq ibn Ali (r) that he asked
  the Prophet (pbuh) about someone who touched his
  private part during the salah, Does he have to
  renew his wudu? He replied It is just a part
  of your body. (Abu Dawood, Nasai, Tirmithi,
  Ahmed and others).

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Nullification of Wudu.

• Third Opinion If this type of touching is due
  to sexual desire, then it breaks the wudu. If it
  is free from this desire, then this private part
  might be compared to any other part of the body
  as it was narrated in the hadith of Talq ibn Ali.
  Then it does not break the wudu.
• The same rule is applied to the one who touched
  the anus.
• This third opinion is stronger.
• Note We have to use all the sharia proofs that
  seem contradicting with each other, whenever is
  possible. If it is impossible to use them all
  together, then we consider abrogation or we
  select the most authentic one.

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Nullification of Wudu.

• 4) Touching the opposite sex
• First Opinion Touching the opposite sex with
  desire breaks the wudu. Regular type of touching
  does not break the wudu. That is the fatwa in
  the hanbali school, the opinion of Imam Malik and
  the 7 scholars of Medina.
• Their Proofs
• - The ayah ... Or you have contacted women...
  Almaidah-6
• - The hadith of Aisha (r) that the Prophet
  (pbuh) used to pray during night, and she used to
  stretch her legs in front of him, so when he
  wanted to make sujood, he would pinch her to move
  her legs. Al-Bukhari, the Book of Prayer,
  Chapter Praying on the bed.

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Nullification of Wudu.

• Second Opinion This type of touching breaks the
  wudu in all cases. That is the opinion of Imam
  Shafie.
• Their Proofs
• - The generality in the ayah or you have
  contacted woman... Al-maidah-6
• - They came up with a different analysis of the
  hadith of Aisha (r). They said that Allahs
  Messenger used to touch her with his nails, and
  if the proof has different possible explanations,
  it should not be used.

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Nullification of Wudu

• Third Opinion This type of touching does not
  break the wudu in all cases. (Even with desire).
  This is the famous opinion within the Hanafi
  Mathhab.
• Their Proofs
• - The hadith of Aisha (r) that the Prophet
  (pbuh) kissed one of his wives and went out to
  pray without renewing his wudu. (Ahmed/Abu
  Dawood/Tirmithi/Nasai/Ibn Majah and others)
• Imam Bukhari said this hadith is disconnected
  (Weak) and so did Imam Tirmithi and others.

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Nullification of Wudu

• Conclusion
• - The weakest opinion is the second one.
• - There is no proof that Allahs Messenger
  renewed his wudu after touching one of his
  wifes, neither he commanded his companions to
  renew their wudu after touching the opposite
  sex.
• - The first opinion is stronger. And Allah knows
  best.

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Nullification of Wudu.

• 5) Eating the camel meat
• First Opinion Eating the camel meat does not
  break the wudu. The opinion of Aljumhoor
  (Majority of scholars including the 3 imams Abu
  Haneefa, Shafie and Malik).
• Their Proofs
• - The hadith of Jabir (r) who said The last of
  the two choices in the sunna of Allahs Messenger
  (pbuh) is to leave wudu from anything cooked
  with fire (Abu Dawood/ Tirmithi and others).

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Nullification of Wudu.

• Their Proofs (Continued-first opinion)
• - The hadith of Ibn Abbas (r) who said that the
  Prophet (pbuh) said Wudu should be done
  because of what comes out, not because of what
  goes in (Darqutni/Albayhaqi)
• - The chain of this hadith contains two narrators
  who are weak.

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Nullification of Wudu

• Second Opinion Eating the camel meat breaks the
  wudu. The opinion of Imam Ahmed.
• Their Proofs
• - The hadith of Jabir ibn Samura (r) that Allahs
  Messenger (pbuh) was asked Do we have to make
  wudu after eating camel meat? He said Yes. And
  then he was asked again Do we have to make
  wudu after eating mutton? He replied If you
  wish. (Muslim and others).

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Nullification of wudu.

• Their Proofs (Continued- 2nd Opinion)
• - The hadith of Albara (r) ... And make wudu
  after you eat camel meat. (Ahmed/Abu Dawood/
  Tirmithi and others).
• Conclusion
• The opinion of Imam Ahmed is strong based on the
  two authentic hadiths.

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Nullification of Wudu

• 6) Giving Ghusl to a dead person
• Two opinions, the most correct view is that
  making ghusl to a dead person does not break the
  wudu.
• 7) Flow of blood due to injury during prayer
• Two opinions, the most correct view is that this
  flow of blood does not break the wudu. However,
  it is recommended to have wudu after this type
  of flow.

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Nullification of Wudu.

• Note Presence of a barrier which prevents water
  from reaching the organs for which wudu in
  mandatory, namely hands, face, arms, and feet
  invalidates the wudu. (example nail polish or
  water proof mascara.)
• 2nd Note Uncertainty about breaking the previous
  wudu does not nullify the same wudu.
  
• To be Continued InshaAllah.