Doubts in Purity & Key Principles in Fiqh (Jurispridence)

[ummtaalib]

Many people suffer from doubts regarding purity which makes it very difficult and opens doors to the whisperings of Shaytaan. Once the problem is recognised and correct guidance is  sought from qualified scholars and thereafter acted upon, Inshaa-allah the doubts can be overcome.

 

Here under we will try to compile information which we pray becomes beneficial to sufferers of doubts regarding purity .

 

 

 

Post 2.  Istishab al-wasf & Key Principles Relating to Certainty, Doubt, and Baseless Misgivings (waswasa)

Post 3.  Visibility of traces of filth

Post 4.  A Decision cannot be based on doubt

Post 5.  Wet hand do not contract impurity from impure garments unless the hand comes into direct contact with Najaasat.

Post 6.  Dried Impurity

Post 7.  Touching Impurity & Wudhu

Post 8.  Purifying clothes

Post 9.  Purifying Items

Post 10. Wash only that part which is oiled with impurity

Post 11. Stepping in a Puddle

Post 12. Religion is Easy. Do not make it difficult

[ummtaalib]

Istishab al-wasf

 

 

There is a principle in Usulul Fiqh (fundamental principles of Islamic jurisprudence) which is known as, Istishab al-wasf (continuity of

attribute) means to presume continuity of an attribute until the contrary is established.

 

All places are considered clean unless there are visible or clear traces of uncleanliness like, its colour, smell, or taste.

 

If there are visible or clear traces of uncleanliness then the practical way to remove filth from the floor or the areas which has been contaminated by the filth is to first remove all traces of the filth (If the colour or smell is difficult to remove, it need not be removed) by scrubbing it using any necessary cleaning agents and then wiping it with a cloth. After this, you only need to pour water over the surface to purify it. (Nurul Idhah Pg. 54)

 

Moulana Qamruz Zaman

London, UK

Source

 

 

We have a principle in our school: Certainty is not lifted by (subsequent) doubts. Imam Khadimi (Allah be pleased with him) in his commentary of the Tariqa al-Muhammadiya, al-Bariqa al-Mahmudiyya, mentions that strong doubts are *not *acted upon.

 

Tabraze Azam

Checked & Approved by Faraz Rabbani

 

 

Key Principles Relating to Certainty, Doubt, and Baseless Misgivings (waswasa)

 

Answered by Shaykh Faraz Rabbani
 

 

Question

I was wondering about doubts while fasting. I rinsed my mouth for ablution (wudu) but thereafter had doubts whether I had swallowed water or not. I understand that for matters of purification (tahara), doubts are ignored, is this the case with worship (ibadat).

 

Answer

Walaikum assalam,

 

When in such a situation, find out what is the right thing to do, and simply do it.

 

Do not think about the problem or worry about it. Rather, think and thank: think about the blessings of Allah for you, and thank Him for them with your tongue and heart. This is a means of making Shaytan leave you, and despair of making you despair.

 

Exercise Caution

It is important to calmly find out:

 

a. what all the relevant related rulings are;

b. ask as many specific questions as you have to (don t make assumptions!);

c. then figure out what you were doing wrong, if anything, and what the consequences are.

 

Don’t Have Baseless Misgivings

It is essential that one not have baseless misgivings (waswasa). This usually occurs from unawareness of the sunna, as operationalized by the fuqaha, or by lack of intelligence (in one’s behavior).

 

As such, we should take the proper means, as described above, and not go beyond them.

 

Our legal responsibility (taklif) is within the limits of reason: Allah Most High has informed us, “Allah does not burden souls with more than they can manage.”

 

Principles Related to Certainty & Doubt

Once you have taken the reasonable means, the default assumption is that you are now free error. Then, we return to the important fiqh principle:

 

“Certainty is not lifted by a doubt.”

[ibn Nujaym, al-Ashbah wa’l Nadha’ir; Majallat al-Ahkam al-`Adiliyya]

 

This means that if one is certain about something, such as the validity of our worship, with this being the basic assumption for all human actions, then we will keep assuming it valid until certain that it was not. Mere possibilities and even likelihoods do not change this.

 

The important fiqh principles related to this matter include:

 

1.    Certainty is not lifted by doubt;

2.    Certainty is only lifted by another certainty;

3.    The default assumption about a matter is akin to certainty;

4.    The default assumption about all matters is validity and soundness;

5.    Mere doubts and suppositions are of no legal consequence.

 

Ibn Abidin points out that following one s misgivings (waswasa), whether about the validity of one s works or about  how hard  we imagine the legal prescriptions of the Shariah to be,  is highly blameworthy in the Shariah: it is from the Shaytan, and Allah Most High has commanded us to refuse his enticing.

 

As such, until you are certain that any of your prayer was invalid, you do not have any prayers to make up. One should, however, take the steps described above in  exercising caution.

 

This deen is mercy. The Prophet (Allah bless him & give him peace) is mercy. It is a means of mercy, success, and felicity. When one does not find this, one must be doing something wrong.

 

“Ask the people of remembrance when you know not”,  Allah tells us in the Qur’an.

 

This is an important final point: when in doubt, one should not make up legal rulings. Rather, one should seek reliable knowledge, either from a reliable book one is able to understand or from persons of sound traditional learning.

 

May Allah grant us success in doing that which He loves.

Wassalam,

Faraz Rabbani

Source

[ummtaalib]

Visibility of traces of filth

 

Imam Shurunbulali , a famous Hanafi scholar has written,

 

“A cloth does not become impure if it has been struck by a wind that has blown over some filth, unless the filth becomes visible on the clothes.” (Nurul Idah p.87)

 

There is a hadith which says that as long as the traces of the filth is visible on the clothes it is necessary to remove it. It is narrated by Saaidah Aaisha that she was asked regarding a woman in her menses whose clothes had some traces of blood. She ordered her to wash it and if the traces cannot be removed then to wash it off with a “sufrah” (soap etc…) (Sunan Abu Dawud p.58 v.1)

 

 

 

Clean clothes coming into contact with impure clothes

 

Question

If wet with water napaak clothes (with a few drops of urine on it and impure water) accidentally touch clean wet clothes that have just come out of the machine and are put out to dry, can I wear those clothes or do I have to wash them again?

 

Answer

If there are no visible traces of impurity, then regard the clothes to be pure.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

Source

[ummtaalib]

A Decision cannot be based on Doubt / Suspicion

 

Question

May I perform salah at office, when I am confused/sure that my cloth is not clean.

 

Answer

A decision cannot be based on doubt. If you are not sure, consider the clothes clean and make the Salaah. If you are sure that it is not clean (impure) and the amount of impurity is so much that it is not excusable; which is about 12cm in diameter, then either change that clothing or wash the soiled area and thereafter make the Salaah. 

 

Askmufti.co.za

Moulana Yusuf Laher

Checked by: Mufti Siraj Desai

 

 

Question

If one is uncertain whether a certain area has been polluted by impurity what should he do? 

 

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

 

There is a principle in Islamic jurisprudence which is:

“Certainty is not lifted by a doubt.” (Al Ashbah Wan Nadhair p.60)

 

Therefore if one is in doubt and one is uncertain whether a particular part of his garment or body is impure, then one should not take any notice of it as the certainty of the cleanliness of the clothes will not be lifted by the doubt of impurity.

 

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

Source

 

 

Question

Sometimes the public transport is so dirty, and you see all kinds of people, some in very dirty clothes using it. There are sometimes little kids without diapers?. At times there is foul odor as well. What if I happen to be sitting on one of these seats, and the bad stuff unknowingly has clung on to me?

 

Answer

If you are confident that impurities have soiled your clothes, then only you should change them. If it is merely a suspicion, without any substance, you should ignore it.

 

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

Source

 

 

Avoiding Impurities When Using the Bathroom

Answered by Ustadh Tabraze Azam

 

Question: I have an issue regarding purity and prayers. I work, and wear business clothes. I worry that if I go to the toilet there may be unseen splashes from flushing, or that my trousers will touch the floor and picking up some impurity. Things are not as clean as in my home.

 

I try to stand as far back as possible so that no splash comes on my clothes, but who knows what there is on the floor, and I can’t do anything about that.

 

Then, what do I do about prayers? I have an abaya which I keep to wear over my office clothes. But I worry about the impurity there may be on my clothes under the abaya.

 

Because of this worry, I don’t pray at work, and when I go home, I say all my missed prayers. And I hate that. What do I do?

 

Answer: Wa alaikum assalam wa rahmatullahi wa barakatuh,

I hope you are in the best of health and spirits, insha’Allah.

 

You can ignore any spray which may affect your clothing during flushing. Such spray is not legally considered. Thus, you should not worry about it. [shurunbulali, Maraqi al-Falah; Halabi, Halabi al-Saghir]

 

As for the floor, you can assume purity. We have a number of principles related to such issues and amongst them is that: Mere doubts and suppositions are of no legal consequence. Moreover, the default assumption about matters is purity. Hence, you should, reasonably, try to avoid contact with the floor. However, if something does happen to affect your clothing, you ignore it. There is absolutely no need to ‘check’ the area.

 

It is clear that you are striving to do your best whilst seeking religious guidance and this is excellent. Allah Most High has informed us, “Allah does not burden souls with more than they can manage.”

 

Pray at work. There is no reason to doubt your purity in the situations you have described. Assume purity, with full confidence, and thank Allah.

The religion is mercy and ease. If one does not find this, one is doing something wrong. It is said that misgivings (waswasa) and hardship arise from an ignorance of the sunna of the beloved of Allah (Allah bless him and give him peace).

 

May Allah have mercy upon us all and guide us to the ways of the righteous.

And Allah knows best and He alone gives success.

Wassalam,

Checked & Approved by Faraz Rabbani

Source

[ummtaalib]

Wet hand do not contract impurity from impure garments unless the hand comes into direct contact with Najaasat.

 

Question

My clothes was napaak (ritually impure). I touched my clothes and my body was sweaty. I then touched another object and think that the sweat passed onto that object. Before I could clean that object, somebody else touched this object. And they touched this object with sweathy/wet hands becuase they came out of the bathroom.

 

How far does the najis (impurity) go. The clothes, my hands, and the object are now cleaned, but that person is going everywhere touching things, washing his hands, etc. Is the najaasat continuing?

 

Answer

Your hands did not become Naapaak, nor the object that you touched afterwards. The other person’s hands also did not become Naapaak. There is no need to delve into matters of cleanliness and impurity with a fine-tooth comb. Shari’ah has made it easy. A moist or sweaty hand does not contract impurity from impure garments unless the hand comes into direct contact with Najaasat.

 

Mufti Siraj Desai

Askmufti.co.za

Source

[ummtaalib]

Dried Impurity

 

Question

you stated in a recent answer that once impurity dries then it is not considered to transfer to other places unless its smell or colour etc is noticed on the other thing. Does this ruling apply even if the object becomes wet after becoming dry. E.g a cloth has impurity on it but dries and thereafter at a later time becomes wet again through some water etc .

 

Answer

Once an impurity dries up, it does not transfer to other places. However, if the cloth has ayn Najasah (Najasah in itself, not mixed with anything else), then once it becomes wet, if it becomes apparent on the dry, then the cloth becomes impure.

 

If the impurity is not ayn, e.g. some impurity fell into a container of water making all the water impure, then there are two opinions:

 

1. If the dry cloth becomes so wet that by squeezing it the impurity will drop, then the dry cloth will also become impure.

2. Even though the dry cloth does not drip of impurity, but it transfers to the dry cloth, then too will the dry cloth become impure, i.e. will be preferred and more cautious to follow second opinion. (Ahsanul Fataawa vol.2 pg.98)

and Allah Ta’ala Knows Best

 

Mufti Ebrahim Desai

Source

 

 

Question

Is impurity ( from human or animal) clean after it becomes absolutely dry?

 

My main reference is to impurity without trace of sight or smell, but please give the ruling also if you can see the dry impurity. I do not mean the impurity is on your body or clothes, I mean if you pass it and it rubs your body or clothes-are you still 100% pure for Prayer.

 

Answer

An impurity like stools, etc. doesn’t become pure by drying, however once it dries then for it to make something else impure, the condition would be for its effect (taste, smell or colour) to become apparent on this other item. (Imdaadul Fattah Pg.161-162)

 

And Alah Ta’ala knows best

Mufti Ebrahim Desai

Source

[ummtaalib]

Touching Impurities & Wudhu

 

Merely touching impurities does not break wudhu.

(Fatāwa Mahmodiyyah, Vol.5,Pg.74)

 

 

Question

I have to clean my children while I am in wudu. Does it break the wudu or not?

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

 

Cleaning and washing one’s children does not break the wudu. However, while doing so, ensure that impurity does not get on your body and clothes. If impurity does get on your body or clothes, then before you perform salaat, it will be compulsory to wash off the impurity if the combined size of the impurity is more than a Dirham (approximately 2.75 cm in diameter). If its size is equal to a Dirham or less, it will be mustahabb (desirable) to wash it off, not compulsory.

(Ahsanul Fataawa: 2/89, 95-96, Saeed)

(Shami: 1/574, Darul Ma’rifa)

 

And Allah knows best.

Mufti Faizal Riza

Mufti-Online.net

 

 

 

Question

You have mentioned that changing a child’s diaper or cleaning a child does not invalidate one’s wudu, regardless whether the baby’s urine or stool come in contact with one’s hands. This is surprising to me. I would therefore like to know if there is some age limit of the child which then makes our wudu invalid after cleaning him/her. JazakAllah in advance.

 

Answer

There is no age limit for the ruling. In principle, if any impurity comes on one's hands or any part of the body, that does not invalidate the Wudhu.

and Allah Ta’ala Knows Best

 

Mufti Ebrahim Desai

Source

[ummtaalib]

Purifying Clothes

 

Qibla.com

Answered by Sidi Moustafa Elqabbany

Question

If the odor of urine remains even after flowing water over it, is the garment still considered to be impure?

 

Answer:

Walaikum assalam,

 

When removing filth, you are required to wash until the taste, odor, and color disappear. If either the color or the odor remains after washing, scrubbing, and wringing three times with soap, then the garment is purified. If both the color and odor remain in the same spot, you must continue washing.

 

And Allah the Exalted knows best.

Moustafa Elqabbany

 

 

 

Question

Can impure clothes be washed in a washing machine? If not, will it be okay to wash it three times? Will that purify the clothes?

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

Impure clothes washed in a washing machine will become pure and clean.

 

And Allah knows best.

Mufti Faizal Riza

Source

 

 

Question

A washing machine for clothes washes clothing very thoroughly, and does so twice. I have observed upon actual use of the washing machine that when a child’s dirty clothes with urine on them, the impurity does get completely washed off.

 

Does this mean that washing such clothes in a washing machine renders them pure in the Shar’i sense as well?

 

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

Yes, washing machines do purify clothing of najasah (impurity), as the water is drained out and refilled until the detergent and impurities are washed away.

 

Dry cleaning on the other hand, often utilizes one chemical to clean multiple loads of clothing in which pure and impure mix, and does not purify the najasah (impurity). If clothing is given to a dry cleaning service  you should wash it again to make it pure.[ii]

 

And Allāh knows best.

Ml. Sohail Bengali
Chicago, IL (USA)

Concurred by:

Muftī Abrar Mirza
Chicago, IL (USA)

Under the Supervision of Muftī Ebrahim Desai (South Africa)

Askimam.org

 

آب كي مسائل أور أن كا حل، ٢/ ٨٧ مكتبة لدهيانوي

آب كي مسائل أور أن كا حل، ٢/ ٨٦ مكتبة لدهيانوي [ii]

 

[ummtaalib]

Purifying Items

 

Q: If there is impurity on a table or chair, how many times do I have to wipe it? Is it necessary to wipe it three times or if no traces of impurity is seen. If traces of something invisible like urine etc are there does wiping once or twice suffice. Also if I wash blood stained or impurity stained clothes in washing machine once will they be pure? Do I have to run rinse 3 times as I feel I am wasting water.

 

A: If urine or any impurity has come on it, water will have to be used to remove the urine, impurity, etc. Merely wiping will not suffice.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

Source

[ummtaalib]

Wash only that part which is soiled by impurity

 

Impurity coming on a blanket

Question

I saw a spot of blood on the blanket. I was on my monthly cycle but there was already blood spot on another place which was not impure blood. But I noticed another spot and I’m not sure whether it’s impure or not though the bedding etc is not stained. If I give the blanket for washing in laundry as the blanket is big and difficult to wash will it suffice and be pure?

 

Answer

Yes it will suffice. However you do not have to wash the entire blanket for it to be pure, just wash the area which is soiled with impurity.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

Source

[ummtaalib]

Would stepping into a puddle make my clothes impure

 

Question

If I am running and I step in a puddle, is the water that splashes on me regarded as impure or pure?

 

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

 

There are two situations to the aforementioned question.

 

1. If there were no impurities in the puddle, then your clothes, shoes etc… will remain pure and paak.
2. If there were impurities in the puddle then your shoes and the area of the clothes where the puddle splashed on to will be considered impure. If the impurity is visible the clothes and shoes will become pure by removing the filth itself even if this is achieved by washing it once. If its removal is difficult, there is no harm if some trace remains.  If the impurity on the other hand is invisible, it is to be washed three times and squeezed after each wash. (Nurul Idah p.87 & Durre Mandhuud p.471 v.1)

 

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

Source

[ummtaalib]

Religion is Easy. Do not make it difficult

 

Allah Ta’ala has said in the Quran,

“Allah intends for you ease, and He does not want to make things difficult for you.” (2:185)

 

 

Hadith

“Verily this religion is ease; and none make this religion difficult except that it overwhelms them.” [bukhari]

 

 

Beneficial Advice

"There is no need to delve into matters of cleanliness and impurity with a fine-tooth comb. Shari’ah has made it easy."

Mufti Siraj Desai

 

Be aware of fiqh (jurisprudence) issues related to impurity, doubts etc., so that one does not go to extremes in ignorance.

 

[ummtaalib]

Beneficial Advices HERE

[Guest Naima]

Asalam Aleykum.

If a floor (not sure if it is pure) had a few water drops and dry cloth came into contact. Does the cloth become impure.?

 

[Bint e Aisha]

5 hours ago, Guest Naima said:

Asalam Aleykum.

If a floor (not sure if it is pure) had a few water drops and dry cloth came into contact. Does the cloth become impure.?

 

Walaikumus Salam 

 

The floor will be considered pure unless you've seen some impurity and you are certain that it is impure. There is a maxim in jurisprudence:

اليقين لا يزول بالشك
"Certainty is not dispelled by doubt." 

 

Also a similar question was asked in this thread to which Mufti Abuhajira answered:

Quote

 

Everything remains in its original state unless there is a reason to believe that its state has changed. 

If something is water like, then it will be water, unless you have beyond reasonable doubt of it being impure. Perhaps smell, or colour etc. Wont ask you to taste it.

 

Quote

 

Since there is no reason to believe that the water was impure, it will be deemed pure. 

If out of cautious and for contentment of your own heart, you wish to wash it off nonethess, then that is always afdhal.

 

Allah ta'ala knows best. 

[Guest usman]

I am living in a country where mostly there is no proper care for cleanliness as in islam.  The mosque where i offer my prayer in my duty timings is separated from ablution area. So, the people including the non muslims use to walk on plastic mates on the way from ablution area to mosque with shoes and the mates are always wet with water (more wet) so also the people who do the ablution and then walk by bare feet on the same mates to the mosque. so my question is weather the mosque carpet will also become filthy or not.

 

[Bint e Aisha]

1 hour ago, Guest usman said:

I am living in a country where mostly there is no proper care for cleanliness as in islam.  The mosque where i offer my prayer in my duty timings is separated from ablution area. So, the people including the non muslims use to walk on plastic mates on the way from ablution area to mosque with shoes and the mates are always wet with water (more wet) so also the people who do the ablution and then walk by bare feet on the same mates to the mosque. so my question is weather the mosque carpet will also become filthy or not.

 

Assalamu alaikum 

The mats will not become impure simply because non-Muslims walk through them. There should be a proper reason to consider it impure. 

As Mufti Abu Hajira states:

Quote

Everything remains in its original state unless there is a reason to believe that its state has changed. 

If something is water like, then it will be water, unless you have beyond reasonable doubt of it being impure. Perhaps smell, or colour etc. Wont ask you to taste it.

I have also forwarded the question to a Mufti. 

[Bint e Aisha]

On 12/18/2018 at 7:57 PM, Guest usman said:

I am living in a country where mostly there is no proper care for cleanliness as in islam.  The mosque where i offer my prayer in my duty timings is separated from ablution area. So, the people including the non muslims use to walk on plastic mates on the way from ablution area to mosque with shoes and the mates are always wet with water (more wet) so also the people who do the ablution and then walk by bare feet on the same mates to the mosque. so my question is weather the mosque carpet will also become filthy or not.

 

 

ASSALAMU ALAIKUM
12 Rabiyuth Thaani 1440 (20 December 2018)


The Musjid’s carpets remain clean/pure.

Was-salaam

A.S.Desai

Mujlisul ULama of S.A.