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Rulings for Wiping over the Shoes and Socks Author: Imaam Shaikh Muhammad Naasir-ud-Deen Al-Albaanee (rahimahullaah) Source: His short treatise "Tamaam An-Nas=h fee Ahkaam Al-Mas-h" [The Complete Guidance regarding the Rules of Wiping (over footwear)]. This treatise appears after the Shaikh's checking to Imaam Jamaal-ud-Deen Al-Qaasimee's book entitled Al-Mas-h 'alaa Al-Jawrabayn (Wiping over the Socks). Source: al-manhaj.com 1. Wiping over the shoes: As
for wiping over the shoes (na'alayn)[1]
when performing ablution, then it has become popular amongst the contemporary
scholars to say that it is not permissible to wipe over them.
And we do not know of any evidence to support that claim, other than
what has been stated by Al-Baihaqee (rahimahullaah) in his Sunan
(1/288): "The
foundation is the obligation for washing the feet, unless there is an
established aspect of the Sunnah that makes it more specific, or there is a
consensus (ijmaa') in which there is no differing.
And wiping over the shoes or the socks is not included in any of the
two, and Allaah knows best." This is
what he has stated. And it is
well known, unfortunately, that it indicates an unawareness of the previously
mentioned ahaadeeth in this treatise[2]
regarding the establishment of wiping over the socks and the shoes.
And the chains of narration regarding some of them are authentic, as
has been clarified previously. This
is why At-Turkmanee Al-Hanafee (rahimahullaah) commented on these
words, saying: "This
is incorrect, for it has preceded that At-Tirmidhee has authenticated the
(hadeeth of) wiping over the socks and the shoes and declared it hasan
from the hadeeth of Muzail on Al-Mugheerah t.
He also declared the hadeeth of Ad-Dahhaak on Abu Moosaa t to be hasan.
Also, Ibn Hibbaan has verified wiping over the shoes by authenticating
the hadeeth of Aws I say that
once you have come to know this, it is not permissible to even hesitate in
accepting this allowance - especially after the hadeeth concerning it have
been established. This is since,
as the author (Al-Qaasimee) has stated in what has been mentioned previously: "The
hadeeth concerning it are authentic, thus there is no recourse other than to
hear and obey." This
is especially the case after knowing that the Sahaabah
acted in accordance with it. And
foremost amongst them, was the rightly guided Khaleefah, 'Alee Ibn Abee Taalib
Thus,
Ibn Hazm (rahimahullaah) said in Al-Muhallaa (2/103): "Issue:
So if the footwear (khuff) are cut so that they fall beneath the
ankles, then wiping over them is permissible.
This is the opinion of Al-Awzaa’ee and it has been reported on him
that he said: 'The muhrim may wipe over his shoes that come beneath the
ankles…' Others have stated: 'He may not wipe over them unless they go over
the ankles.'" 2.
Wiping over khuffs or socks that have holes in them As for
wiping over khuffs (leather socks) or socks that are torn with holes, then the
scholars have differed in this issue with many opinions.
The majority of them forbid it based on a long differing amongst them,
which you can see in the detailed discussions found in the books of Fiqh
and Al-Muhallaa. Other
scholars held the opinion that it was permissible, and this is the opinion
that we favor. Our argument for
this is that: the source principle is the (absolute) allowance for wiping.
So whoever forbids it, or places a condition on it - such as that they
must be void of any holes - or he places limits to it, then he is refuted by
the statement of the Prophet: "Every condition that is not found in the Book of Allaah, then it is false." [Al-Bukhaaree and Muslim] It
has also been authentically reported that Sufyaan Ath-Thawree (rahimahullaah)
said: "Wipe over them (the socks) so long as they are attached to your
feet. Were the socks of the Muhaajireen
and the Ansaar anything but torn (with holes), ripped and tattered?”
[Reported by 'Abd-ur-Razzaaq in Al-Musannaf
(no. 753) and from that path of narration, by Al-Baihaqee (1/283)] Ibn Hazm (rahimahullaah)
said: "So if there is found in the khuffs, or whatever is worn on the
feet, any holes that are small or large, long or wide, such that some part of
the foot is visible, whether a little or a lot, or both, then all of that is
the same. And wiping over them is
permissible, so long as any part of it continues to attach itself to the feet.
This is the opinion of Sufyaan Ath-Thawree, Dawood, Abu Thawr, Ishaaq
Ibn Raahawaih and Yazeed Ibn Haaroon." [Al-Muhallaa
(2/100)] Then he (rahimahullaah)
goes on to relate the statements of the scholars that forbid it, according to
what they contain from differing and contradiction.
And then he goes on to refute them and explain that it is an opinion
that has no evidence to support it except opinion.
Then he closed that with his statement: “However
the truth in this matter is what is reported in the Sunnah, which explains the
Qur'ân, in that the ruling for the two feet, which do not have any garment
over them to wipe over, is that they must be washed.
And the ruling for the two, if there is a garment over them, is that
they can be wiped over. This is
what is reported in the Sunnah 'and your Lord is not forgetful.' [Surah
Maryan: 64] The Messenger Also, Shaikh-ul-Islaam
Ibn Taimiyyah (rahimahullaah) said in his Ikhtiyaaraa (pg.
13): "It is
permissible to wipe over the (foot) garments on one of its two sides - Ibn
Tameem and others related this. It
is also permissible to wipe over the khuff that has holes in it, so
long as it continues to hold that name (khuff) and one is able to walk in it.
This is the older of the two opinions Ash-Shaafi'ee
held on it, and it is that which Abul-Barakaat and other scholars have
preferred." I
say: Ar-Raafi'ee attributed this view in Sharh
Al-Wajeez (2/370) to
the majority of the scholars and uses as a support for it, his argument that
the opinion that forbids wiping over them, narrows the door of this allowance,
so one must wipe. And he was
correct, may Allaah have mercy on him. 3.
Does taking off the footwear that is wiped over, nullify the ablution? The
scholars have also differed concerning the one who takes off the khuff
and its types after having performed ablution and wiped over them.
Their differing can be divided into three opinions. The First: His
ablution is valid and he is not required to do anything. Each
of these opinions were held by groups of scholars among the predecessors
(Salaf). 'Abd-ur-Razzaaq (rahimahullaah)
has transmitted their narrations regarding these opinions
in his Al-Musannaf (1/210/809-813),
as well as Ibn Abee Shaybah (1/187-188)
and Al-Baihaqee (1/289-290). There is no
doubt that the first opinion is what is most correct, for it is in
correspondence with the essence of wiping, in that it is an allowance and a
facilitation from Allaah. Thus
any opinion, other than the first, would deny this facilitation, as has been
stated by Ar-Raafi'ee in the previous Issue (#2).
Furthermore, the other two opinions are outweighed by two arguments,
based on the following two evidences: First:
It complies with the action of the rightly guided Khaleefah 'Alee Ibn Abee
Taalib Second: It
is in compliance with the correct analogy, for indeed if one were to wipe over
his head and then shave his hair off, he would not be obligated to wipe over
his head again, since he would already have ablution.
This is the opinion that Shaikh-ul-Islaam Ibn Taimiyyah (rahimahullaah)
favored, as he states in his Ikhtiyaaraat (page 15): "The
ablution of the one who has wiped over his khuffs and turban is not canceled
when he removes either of these two garments.
Nor is it canceled by the cessation of its time limit (for wiping).
And he is not obligated to wipe over his head nor is he required to
wash his feet (because of removing the head or foot garment).
This is the view of Al-Hasan Al-Basree.
This (view) takes the similitude of the hair that is wiped, according
to the correct opinion of the Hanbalee madh-hab and the opinion of the
majority of the scholars.” This was
also the view of Ibn Hazm (rahimahullaah), so refer to his words in which he
argues against those that oppose it, for indeed it is valuable. [See Al-Muhallaa
(2/105-109)] As
for what has been reported by Ibn Abee Shaiba (1/187) and Al-Baihaqee (1/289)
on the authority of a man among the Prophet Then
he (rahimahullaah) reported from Al-Mugheerah Ibn Shu'aba that he Then he (rahimahullaah)
said. "'Umar Ibn Rudaih is
alone in reporting this and he is not a strong reporter." I say that this addition of "so long as he doesn't remove them" is rejected due to the loneliness of this weak narrator in reporting it and due to the lack of there being any supporting evidence for it. 4.
When does the time limit for wiping begin? There are two well-known views of the scholars concerning this issue: The
First: It begins at the point when the ablution is broken (for the first
time), after having put on the footwear.
The
second: It begins at the point when the first wiping occurs after, having
broken the ablution. Abu
Haneefah, Ash-Shaafi’ee, Ahmad and their companions held the first opinion.
And we do not know of any evidence on their part, which deserves
mentioning, other than that it was simply an opinion.
It is for this reason that some of their companions (i.e. from the same
madh-hab) have contradicted them, as we shall mention.
Nor do we know any of the predecessors from the Sahaabah that opposed
the second view, for their guide was the authentic ahaadeeth and the ruling of
'Umar Ibn Al- Khattaab As
for the Sunnah, then there are the authentic ahaadeeth which were reported on
many of the companions, in Saheeh Muslim, the Four Sunan collections, the
Musnads and others. In these
narrations, the Prophet Thus, they
prevent an individual from making use of this allowance (rukh-sah), basing it
upon this opinion, which is in opposition to the Sunnah!
For this reason, Imaam An-Nawawee (rahimahullaah) was left with no
choice but to go in contradiction to his madh-hab, due to the strength of the
evidence, even though he was keen not to contradict it (the Shaafi'ee madh-hab)
if he was able to. So after
relating the first opinion and those that held it, he (rahimahullaah) said: "Al-Awzaa'ee
and Abu Thawr said: 'The commencement of the time limit begins at the point of
the (first) wiping (over the footwear) after the first breaking of the
ablution.' And it is a report
from Ahmad and Dawood. This is
the most favorable (opinion), the one that has the most established evidences
in support of it. Ibn Al-Mundhir
has favored this view. And
something similar to this has been related on ‘Umar Ibn Al-Khattaab I say: If
the Qiyaas that is mentioned here, is by itself correct in its validity, then
for it to be accepted and used as an evidence, it must meet the condition of
not contradicting the Sunnah. But
if it does contradict it, as I believe it does, then it is not permissible to
incline (one’s view) towards it. For
this reason it is said: “When
the narrations are mentioned, the deduction is nullified. And
when the influx of Allaah comes, the influx of intellect is nullified.” How can
this analogy be correct, when it also contradicts the opinion of the rightly
guided Khaleefah ‘Umar Ibn Al-Khattaab “I
came upon Sa’ad I say that
its chain of narration is authentic according to the conditions of
Al-Bukhaaree and Muslim. And it
is a conclusive evidence for the fact that the (time limit for) wiping begins
when it is first executed over the footwear, and lasts until that same hour
the next day. This is what is
predominantly apparent in all the narrations that have been reported on the
Sahaabah concerning the time limit for the wiping, according to what we have
knowledge of, from what has been reported by ‘Abd-ur-Razzaaq and Ibn Abee
Shaiba in Al-Musannaf. As an example,
I will mention what Ibn Abee Shaiba (1/180) reported on ‘Amr Ibn Al-Haarith,
that he said: “I
traveled with ‘Abdullaah to the (various) cities and he wiped over his
khuffs for three days, while not taking them off at all.” Its
chain of narration is saheeh according to the conditions of Al-Bukhaaree and
Muslim. Thus, the narrations from
the predecessors along with the Sunnah of Prophet Muhammad 5.Does
the end of the time limit cancel the ablution? Concerning
this issue, the scholars are divided into several opinions, the most famous of
which are two from the Shaafi’ee madh-hab.
And they are: The
First: One is obligated to renew his ablution The
Second: It suffices him to just wash his feet The Third: There is nothing required of him. Rather, his ablution is valid and he can pray while in its state, so long as he does not excrete or break it. This is what An-Nawawee (rahimahullaah) has stated. I say: This
third opinion is the most strongest of them.
And it is that which An-Nawawee favored, also in contradiction to his
madh-hab. Thus, he said: “This
opinion has been related by Ibn Al-Mundhir on Al-Hasan Al-Basree, Qataadah and
Sulaimaan Ibn Harb. Ibn Al-Mundhir
favored it. And it is what is the
most preferable and most convincing. Our
(Shaafi’ee) companions have reported it from Dawood.” [Al-Majmoo’
(1/527)] I say that
Ash-Shi’araanee has related it to Imaam Maalik in Al-Meezaan (1/150) and An-Nawawee
related it to others, so refer to it. Also,
it is the opinion that Shaikh-ul-Islaam Ibn Taimiyyah took, as you have seen
in his afore-mentioned words under the Third Issue, in accordance with Ibn
Hazm. And this last one (Ibn Hazm)
mentions that the other scholars that held this opinion, included Ibraaheem
An-Nakha’ee and Ibn Abee Lailaa. Then
he (rahimahullaah) said: “This
is the view of which it is not permissible to take anyone other than it.
This is since there is no mention in the reports that the ablution is
annulled due to the body parts that are washed over or some of them, by the
termination of the time limit for wiping.
Indeed, the Prophet ----------------------------------------------- [1] Translator's Note: The word used in this treatise for shoes is na'alayn, which can mean sandals or shoes that do not pass the ankle. At the time of Allaah's Messenger SAWS, the people used to wear these sandals, which were considered shoes. We have decided to translate the word as shoes for fear that if the word sandals were used, people would limit the ruling found in this treatise to just sandals, while the rulings apply to any type of shoe worn on the foot. And Allaah knows best. |
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