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رد: Juristic Rulings Relevant to Purification, Prayer, and Funerals Wiping over Leather Socks
Question (1):Some jurists stipulated that the leather socks must cover the area that must be washed in ablution; how valid is this condition?Answer (1):This condition is invalid because it lacks evidence. As long as it [the footwear] is referred to as leather socks or [regular] socks, then it is permissible to wipe over it, because the reports address wiping over leather socks in the general sense.Any general command in Shariah cannot be restricted unless another Sharia ruling or text indicates the restriction. Hence, wiping over torn leather socks is permissible.It is also permissible to wipe over light socks, because socks are not meant to cover the skin but, rather, to give warmth and protection to the feet.Wiping over the socks was permitted because it is burdensome to take them off, and there is no difference in this respect between light and heavy socks or intact and torn socks. As long as they are called socks, it is permissible to wipe over them.
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Question (2):A man who made dry ablution and put on leather socks, is it permissible for him to wipe over the socks if he finds water, taking into consideration that he was in a state of purification when he put them on?Answer (2):It is impermissible for him to wipe over the leather socks if purification was through dry ablution,based on the saying of the Prophet (may Allah’s peace and blessings be upon him): “I had put them on after performing ablution.”
Purification with dry ablution is not related to the feet but, rather, related to the face and the hands only. Following this reasoning, if a man has no water or is sick and cannot use water for ablution, he is permitted to wear the socks even without making ablution beforehand. He may wear them for an unlimited period of time until he has access to water or is healed from his sickness, because the feet have no relevance to the purification with dry ablution.
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Question (3):Is the intention obligatory? In other words, if an individual wants to wear the socks or sandals, must he have the prior intention of wiping over them? Also, the intention of wiping as a resident or a traveler, is it obligatory or not?
Answer (3):
Intention is not obligatory in this case, because the ruling is based on the mere presence of this deed, thereby no need for a prior intention. Similarly, when one wears a garment, it is not a condition to intend to cover oneself with it during prayer, for example. So, intention of wiping over the socks beforehand is not a condition for it.
The same applies to the intention of the permitted period. If he is traveling, the period of wiping is three days whether or not he made the intention for it, and if he is a resident, then the period is a day and a night whether or not he made the intention for it.
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Question (4):What is the minimum distance of traveling beyond which wiping over the socks for three days and nights is permitted?Answer (4):The traveling in which prayer may be shortened is the one in which wiping over the socks is permitted for three days and nights,because the hadith of Safwؤپn ibn ‘Assؤپl mentioned above states, in general, that they were traveling. So, as long as the individual is traveling and shortening the prayer, he may wipe over the socks for three days.
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Question (5):If a traveler arrives or a resident travels after they had started wiping over the socks, how is their period of wiping calculated?Answer (5):If a resident started wiping then traveled, he is to wipe as though he is a traveler, according to the preponderant view;and if he was traveling then reached his destination, he is to wipe as though he is a resident, according to the preponderant view. Some scholars held that if he wiped while residing then traveled, he is to wipe as a resident; however, the earlier view is the preponderant one,because there is still a remaining time in the period allowed for the resident who then traveled. But after he traveled, he became a traveler whose period of wiping is three days.
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Question (6):Someone had doubts about the exact time he started wiping; what should he do?Answer (6):In this case, he should follow what he is certain of. If he doubts whether he wiped over his socks for Zhuhr or ‘Asr prayer, then he should start calculating the period of wiping from the ‘Asr prayer,because the principle ruling is the absence of wiping.This is based on the ruling that the ruling stands on its original case. In this case, the original state is the absence of wiping. A complaint was made to the Prophet (may Allah’s peace and blessings be upon him) about the person who doubts that he has broken his ablution in prayer. He said: “He should not leave (his prayer) unless he hears a sound or perceives a smell (of passing wind).”
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Question (7):A man wiped over the socks after the expiration of the wiping period; what is the ruling on his prayer (is it valid or not)?Answer (7):If he wiped after the expiration of the wiping period, whether he is a resident or a traveler, the prayer he performed with this purification is invalid because his ablution is invalidated by wiping beyond the wiping period. He must make a new and complete ablution in which he washes his feetand repeat the prayers he performed with that invalid ablution in which he wiped after the expiration of the wiping period.
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Question (8):If a man took off the socks after performing ablution but then put them on again before his ablution was invalidated, is he permitted to wipe over them?Answer (8):If he took off the socks then put them on again while his ablution was still intact (not invalidated), then if this is the initial ablution – meaning that he did not break his ablution after putting the socks on – there is no harm in putting them on again and wiping over them when making ablution.But if he had wiped over his socks in the [first] ablution, it is impermissible to wipe over them if he took them off and put them on again, because wiping is valid only if he put them on while in a state of purification with water,not with wiping. This is the known view of scholars.However, if any scholar held that putting the socks on again in a state of purification - even if it were purification with wiping (not washing) - permits wiping for the remaining length of the wiping period, then this is a strong view.But I do not know of anyone who held this view, which forbids me from proposing it. If a scholar happened to propose it, then I would consider it to be the correct view,because the purification with wiping is a complete one. So, the view should be: that if one wipes over what he had put on in a state of purification with washing, he should likewise wipe over what he put on in a state of purification with wiping. But once again, I have not heard of anyone held this opinion.
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Question (9):So, (based on the last answer) we should not say that taking the socks off is one of the invalidators of wiping (over the socks)?Answer (9):If one took off his socks, his state of purification is still valid though the wiping (over the socks) becomes invalid. If he puts them on again then broke his ablution, he must take the socks off and wash his feet (when making a new ablution). The important thing that we should know is that the socks must be worn while one is in a state of purification in which he washed his feet. This is as far as we know from the statements of scholars in this regard.
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Question (10):A man wiped over the sandals in the first time but then took them off and wiped over the socks in the second time; is his wiping valid or must he wash his feet?Answer (10):Scholars held different opinions in this regard. Some held that wiping over one of the layers of socks, either the top or the bottom layer, links the ruling to the wiped layer and it is not transferred to the other.Other scholars held that it is permissible to wipe over the second layer as long as it is done within the wiping period. For example, if someone wiped over the sandals then took them off and wanted to make ablution, he may wipe over the socks underneath, according to the preponderant view.Furthermore, if one wiped over the socks then wore other socks or sandals over them and wiped over the top ones, there is no harm in doing so, according to the preponderant view, as long as the wiping period has not expired. However, the period is calculated starting from wiping over the first layer, not the second one.
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Question (11):People often ask about the proper manner of wiping over the socks and the area to be wiped?Answer (11):The manner of wiping is to run the fingers from the tips of the feet to the shin only, which is the topside of the socks. Wiping should be done over both feet with both hands; meaning that the right hand wipes over the right foot and the left hand wipes over the left foot simultaneously just like wiping the ears.This is the apparent meaning found in the tradition of the Prophet (may Allah’s peace and blessings be upon him). Al-Mughؤ«rah ibn Shu‘bah (may Allah be pleased with him) reported that the Prophet “wiped over them”. He did not say that he started with the right foot but, rather, “wiped over them," so this is the apparent meaning. If someone is unable to use one of his hands, then he begins with the right foot then the left.
Many people wipe with both hands over the right foot and with both hands over the left foot. This has no foundation as far as I know. Rather, scholars said: he wipes with the right hand over the right foot and with the left hand over the left foot.
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Question (12):We have seen people wiping over the socks from the topside and the underside as well; what is the ruling on such action? And what is the ruling on their prayer?Answer (12):Their prayer is valid as well as their ablution, but they should be made aware that wiping the underside [of the socks] is not consistent with the Sunnah.It is reported in the books of Sunnah that ‘Ali ibn Abi Tؤپlib (may Allah be pleased with him) said: “If religion was based on reason, then wiping the underside of the leather socks would be more appropriate than wiping its topside, and I have seen the Prophet (may Allah’s peace and blessings be upon him) wiping the topside of his leather socks.” This proves that wiping the topside of the socks is the only legitimate manner of wiping.
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Question (13):How do you interpret the statement of Ibn ‘Abbؤپs (may Allah be pleased with him): “The Messenger of Allah (may Allah’s peace and blessings be upon him) did not wipe [over the leather socks] after the [revelation] of Al-Mؤپ’idah,” and the statement reported by ‘Ali (may Allah be pleased with him): “The revelation overruled [wiping over] the leather socks.”?Answer (13):I do not know if these reports are authentic or not.I have mentioned before that ‘Ali ibn Abi Tؤپlib (may Allah be pleased with him) was one of the narrators of the hadiths addressing wiping over the leather socks as reported from the Prophet (may Allah’s peace and blessings be upon him), and he continued to narrate them after the Prophet’s death.He explained that the Prophet set a time limit for the wiping, thus proving his belief in the continuation of the ruling after the death of the Prophet (may Allah’s peace and blessings be upon him), which rules out the possibility that the ruling was abrogated, since abrogation was not possible after the Prophet’s death.
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Question (14):Are the rulings pertaining to wiping over the leather socks applicable to women just as men? Is there a difference in this regard?Answer (14):There is no difference between men and women in this regard. Generally speaking, the principle rule is that any instruction given to men extends to women,and any instruction given to women extends to men unless there is proof indicating otherwise.
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Question (15):
What is the ruling on taking off the sock or a portion of it to scratch the foot or remove something like a small stone or the like?
Answer (15):
If the person slips his hand inside the socks, there is no harm. But if he takes part of the socks off, then it depends on the extent of that part. If it is a small part, there is no harm; if it is a large part such that most of the foot is exposed, then wiping over the socks afterwards becomes invalid.
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Question (16):It is popular among laymen to wipe over the leather socks for five prayers only and then they repeat it again. What is the ruling on this action?Answer (16):Yes, this is popular among laymen. They believe that wiping for a day and a night means to wipe for five prayers only, which is incorrect. Instead, a day and a night means that the individual can wipe over the leather socks for a day and a night whether he prayed five prayers or more, and the period of wiping begins with the [first] time he wipes over them.As mentioned above, the person might pray ten prayers or more. If, for instance, a man wears the leather socks for Fajr prayer on Monday and remains in a state of purification until he goes to sleep at night and then wiped over the leather socks to pray Fajr on Tuesday morning, he is allowed to wipe until the Fajr prayer of Wednesday. In this instance, he prayed Fajr, Zhuhr, ‘Asr, Maghrib, and ‘Ishؤپ’ while wearing the leather socks on Monday. This whole period is discounted because it preceded the wiping. On Tuesday, starting at Fajr prayer, he wiped [the first time] then he wiped at the next four prayers.Furthermore, he may wipe for the prayers of Wednesday if he wiped [the first time] before the wiping period expires. For example, he wiped at 5 a.m. for Fajr prayer on Tuesday. On Wednesday, he wiped at 4:45 a.m. and remained in a state of purification until he prayed ‘Ishؤپ’ on the eve of Thursday (i.e. Wednesday night).That person has prayed with this ablution the prayers of Wednesday (Fajr, Zhuhr, ‘Asr, Maghrib, and ‘Ishؤپ’), thus raising the total count to 15 prayers since he put on the leather socks at the Fajr prayer of Monday and retained his purification until the Fajr prayer of Tuesday for which he wiped over the socks at 5 a.m. He then wiped again for the Fajr prayer of Wednesday at 4:45 a.m., then retained his purification until ‘Ishؤپ’ prayer. This makes a total of 15 prayers.
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Question (17):If a person made ablution and wiped over the leather socks but he took them off during the wiping period before ‘Asr prayer, for example, should he pray and his prayer would be valid or is his ablution invalidated by taking off the leather socks?Answer (17):The preponderant view of scholars which was chosen by Shaykh al-Islam Ibn Taymiyyah and a group of scholars (may Allah have mercy upon them) is that ablution is not invalidated because of taking off the leather socks. If he takes them off while retaining his state of purification after wiping over them, his ablution is not invalidated.This is because by wiping over the socks his purification is complete based on established proof from Shariah. If he were to take them off, this established purification cannot be invalidated except by another proof from Shariah; and there is no proof that taking off wiped-over socks invalidates ablution.Hence, his ablution is intact, but if he puts on the socks again and wants to wipe over them in the future, then it is impermissible as far as I know based on the statements of scholars in this regard. |