Fiqh of Tahara-8

Taught by: Hacene Chebbani

Tayammum: Dry Ablution

• Tayammum is a legal method to acquire ritual purification when water is missing or the worshipper is unable to use it.

• Proofs: 1. The ayah: “... And if you are junub, then purify

yourselves. But if you are ill or on a journey, or any of you comes from alghaa’it, or (you) have been in contact with women (had sexual intercourse) and you find no water, then perform tayammum with clean earth and rub therewith your faces and hands...” (5/6)Reason of revelation: Aisha’s (r) necklace.

Proofs of Legality

2. Hadith “Verily, good clean earth is a purification for the Muslim, even if he did not find any water for ten years, but if he finds it, then let him fear Allah and let him make it touch his skin” (Tirmithi/Abu Dawood/Nasaa’i and was classified as sahih)

3. Hadith “I was given five things that no prophet before me was given, I have been supported with fear the distance of one month, and earth has been made a Masjid and a means of purification for me (and my Ummah)...” (Bukhari/Muslim)

Tayammum as a Substitute

• Tayammum is not an original method of purification. It is only a replacement which does not provide any physical purification.

• As a result, we got the following controversy: Does the tayammum remove the ritual impurity or it only makes some acts of Ibadah permissible with restrictions?

• Two Opinions. What is the difference between the two of them?

Tayammum as a Substitute

• If we believe that tayammum removes the ritual impurity. Then we treat it and use it as a complete purification that allows us to:

1. pray as many prayers as possible.2. We do not need to have a specific niyyah [like reading

the quran or praying Dhuhr prayer], except the niyyah of removing the ritual impurity.

3. It does not become broken if the time of the first prayer, done with tayammum, is over.

4. In conclusion, we treat the tayammum like wudu’ with no difference.

Tayammum as a substitute• If we believe that the tayammum is only used as

replacement in case of Darurah (neccessity) and it only permits us to perform some acts of ibadah with restrictions, then we need to observe the following:

1. If he/she made niyyah to do a specific Ibadah with his tayammum, he/she can not perform the one that is higher in status. So if he/she made tayammum to pray a sunnah prayer, he/she can not pray with it an obligatory prayer. In the first opinion, he/she is allowed to pray any prayer he/she wants.

Tayammum as a substitute

2. If we did tayammum for Dhuhr prayer, we can not pray with the same tayammum Asr prayer. In the first opinion, we are allowed to, as long as we did not break our purification.

3. We have to make a specific niyyah (praying such and such prayer) and have to repeat the tayammum for something else. In the first opinion, we just have to make niyyah to remove the ritual impurity, and we can do anyting we want as long as we did not break our purification.

Tayammum as a substitute

• Conclusion:• The first opinion is the most correct view based

on the following proofs:1.Ayah “Allah does not want to make things

difficult for you, but He just wants to purify you” 5/6 This was mentioned after tayammum was mentioned in the same ayah.It means that tayammum is a complete purification.

Tayammum as a Substitute

2. Hadith: “ ... And earth has been made a Masjid and a means of purification for me..” (Bukhari/Muslim) It means that clean soil is a means of a complete purification.If tayammum was a dharura like the permissibility of eating pork when it is necessary, then it won’t be mentioned as one of the bounties given to our prophet (pbuh).

Tayammum as a Substitute

• When is tayammum accepted as a complete ritual purification?

1. Tayammum is permissible when water is not available. Ayah “…And you find no water, then perform tayammum…” 5/6

2. Tayammum is also permissible when the use of water for wudu’ or ghusl, causes or increases a disease or illness.

Tayammum as a Substitute.

3. We are also allowed to perform tayammum during the following circumstances:

1. When the quantity of water is small and it is needed immediately in the near future for drinking or cooking.

2. If water is available on a very cold day, and it is not possible to heat it.

3. If water is available but unobtainable due to some dangers.

Tayammum as a Substitute• Proof for the above mentioned cases:• Narrated Amr ibn Al-A’as ® that he was sent on an expedition

during the Battle of Dhaat as-Salaasil, and he said: “I had a wet dream on an extremely cold night and I was afraid that if I made ghusl, it would kill me. So I made tayammum and then led my companions in prayer. When we came to the Messenger of Allah (), they mentioned to him what happened and he said: “O’, Amr! Did you lead your companions in prayer while you were junub?” I replied: “I remembered the words of Allah, Most High: “…And do not kill yourselves. Surely, Allah is Most Merciful to you.” 4/29 and so I made tayammum. At this, the Messenger of Allah () laughed and did not say anything.” (Abu Dawood/Ahmed and others)

Tayammum

• Other Proofs from the Quran:1. “ … And do not throw [yourselves] with your

own hands into destruction…” 2/1952. “… And Has not placed upon you in the

religion any difficulty…” Alhajj-78

How is Tayammum performed?

1. The intention to make tayammum.2. One should mention the name of Allah by saying

“Bismillah”.3. Both hands should be struck on good earth.4. Both hands should be shaken off to blow away the

dust from them.5. The face should be wiped out once with both

hands.6. Finally, both hands should be wiped by rubbing

them, once, each against the other.

Proof

• It is reported on the authority of Ammar ibn Yaasir® that he said: “I became junub and was unable to find water so I rolled in the dirt and then prayed. I told the Prophet () about this and he said: “It would have been sufficient for you to do this,” and he struck the ground with his hands and then blew into them, then he wiped his face and hands with them.” (Bukhari/Muslim)

The Material with which Taymmum is done

• Allah () says, which means: “…then perform tayammum with clean sa’eed…” (5/6) So what is As-Sa’eed?

• In Lisan Al-A’rab: “ As-Sa’eed is the earth. It is also said that it means good earth and also that it means every good soil.”

• Many scholars believe that As-Sa’eed means the surface of the earth (Any natural material on the top of the ground whether it has dust or not).

• Imam Shafiee’ and Ahmed believe that clean Sa’eed means the clean soil that can be used for plantation. So they excluded pebbles, rocks, sand and other material.

The material with which Tayammum is done.

• The first opinion is stronger. • Any clean and natural material found on the top of the

ground is to be used in Tayammum.• The analysis of this conclusion: Allah () knows that people

will be living on different types of grounds (rocky ground, sandy ground, etc…) and He () meant ease for His servants by allowing them to use this means of purification.

• They said that Allah’s Messenger () passed by a lot of sand during the expedition of Tabuk, and it was not narrated that he used to carry soil with him or he prayed without purification, so he must have been doing tayammum with sand. And Allah knows best.

Things which Nullify the Tayammum

• Tayammum is nullified by anything that nullifies the ablution.

• The presence of water for the one who did not find before, and the ability to use it for the one who was unable to use it before.

• The prayers performed while purified by tayammum remain correct and do not have to be repeated again and this is by consensus.

Story of two Men with Tayammum

• Narrated Abu Sa’eed Al-khudri () that: “Two men went out on journey and when it came to prayer time, they had no water and so they made tayammum with good earth and prayed. Then they found water during the time of the same prayer. One of them repeated his prayer with ablution and the other did not. Then they went to the Messenger of Allah () and told him about it. He said to the one who had not repeated his prayer: “You have acted in accordance with the sunnah and your prayer is sufficient for you.” And he said to the one who had made ablution and repeated his prayer: “You will have a double reward.” (Abu Dawood and Nasaa’i).

When Water Becomes Available during the Prayer.

• Two opinions:• First One: He does not have to quit his prayer. He

started his prayer with a legal means of purification.• The prayer is a major obligation and he can not quit

it unless there is a necessity or a clear evidence.• Allah () says which means, “And do not invalidate

your deeds…” Surah Muhammad/33

Continued• Second Opinion: • His tayammum is invalid, he has to quit his prayer,

perform ablution and start his prayer all over again.• They said: Allah () says, which means: “And you find

no water, then perform tayammum…” and this one has found water.

• The hadith: “ but if he finds water, so let him fear Allah and let him make it touch his skin”

• Conclusion: The second opinion seems stronger and Allah knows best.

Other Points of Concern1. What do we do when we hope to find water before the

prescribed prayer time is over?Do we pray in the beginning of the prescribed time or do we delay our prayer until we find the water?Answer: We are allowed to pray at the beginning of the prayer time. And this becomes desirable in the following cases:- If we know that water will not be available.- If we strongly feel that water will not be available.- If we are not sure (50/50) about finding water at the end of the prescribed time.Otherwise, it becomes preferable if we delay the prayer because we know that we will find the water.

Other Points of Concern

2. If he woke up late in a state of Janabah, and he believes that if performs ghusl, then the prayer time will be over. Is he supposed to make tayammum and pray on time or he might do ghusl and pray after the time is over?Answer: The majority of scholars believe that he is not allowed to make tayammum, but he is supposed to make ghusl and pray, because oversleeping is a valid excuse.

Other Points of Concern

3. If a person has no access to water or soil, he may pray without purification and he does not have to repeat his prayer later on. This could be applied to someone who is in prison and does not have access to water or any other material.

Allah () said which means: “ And fear Allah as much as you can…” Attaghabun/16

Al-Hayd (Menstruation) and An-Nifaas (Post-natal Bleeding)

• Al-Hayd is the monthly bleeding to which all healthy women are subjected during their child bearing years.

• There is no minimum or maximum number of days for it. Its duration varies from one woman to another one.

• An-Nifaas is the bleeding which occurs following delivery of a child.

• Its maximum duration is forty days with the majority of women. It could exceed this period of time for some women and could reach 60 days.

Continued

• If the woman sees that the bleeding has stopped after less than forty days, she should make ghusl and she will be cleansed.

• The monthly period for the majority of women is six or seven days.

• The menstruating women must make up for any obligatory fasting days she has missed during Ramadan, but she does not make up the missing prayers.

Forbidden Acts for Women during the Period of Al-Hayd or An-Nifaas.

• All that is forbidden to a person in a state of Janaabah is forbidden to her, in addition to the following:

1. Fasting.2. Sexual Intercourse.• Note: Everything is halal for her to do with her husband

except “Sexual Intercourse”.• Second Note: If they do it, they have to pay a kaffarah

which is one golden dinar (4.25grms of gold) or half of it for each of them in case it was done through mutual agreement. This is the opinion of Imam Ahmed based on a Hadith collected by Abee Dawood and was classified as sahih by Alalbaani.

Istihaadah (Vaginal Bleeding)

• This is bleeding which occurs outside the time of the menstrual period and it is not post-childbirth bleeding.

• If a woman is confused about the nature of her bleeding, then she might use the following ways to remove her confusion:

1. If the woman has regular periods and the blood flow is lasting longer than usual: This is clearly istihaadah due to the hadith of Umm Habeebah ®: “Remain for the normal length of your menstrual period and then make ghusl and pray” (Muslim)

Istihaadah-Continued

• If she is still confused, or does not have a regular period, then she should be able to distinguish between the blood of her period and the other bleeding. This is due to the hadith of Fatimah bint Abee Hubaysh ® that the Prophet () told her: “If it is menstrual blood, it is black and recognizable. If you have that, abstain from prayer. If it is other than that, make ablution and pray, for it is a (bleeding) vein.” (Nasa’I and Abu Dawood)

Istihadaah-Continued– 3. If she is unable to distinguish between her menstrual

blood and a prolonged blood flow. Then she might compare her period with the periods of ladies from her own family.

– The Prophet () told Hamnah bint Jahsh ®: “It is no more than blow from Shaytan. Be on your period for six or seven day, which Allah knows, then make ghusl until you see that you are clean. Pray for twenty-four nights or twenty-three nights and days and fast and that will be sufficient for you. Do that every month and it will be enough for you. And do likewise every month as the other women menstruate and purify themselves, in accordance with their menstrual cycles.” (Abu Dawood, Tirmithi, and Ibn Maajah)

Istihaadah-Continued

• Important Note: • If a woman experiences istihaadah, then she is

not forbidden to do anything which is prohibited to the menstruating woman, but she should make ablution for every prayer, in accordance with the words of the Prophet () to Fatimah bin Abi Hubaysh ®: “… then make ablution for every prayer.” (ibn Majah/Abu Dawood).

Next Course Insha’Allah

Fiqh Of Prayer-1

• First Session: Friday, May 15th, 2009

Insha’Allah