Rulings on Impurities from al-Imaam Ash-Shaukaani in Ad-Daraaree al-Mudiyyah

Wednesday 09-Nov-2022, 5:37AM / 106

Translation by Aboo Aamir Is'haaq bn AbdirRaheem

Impurities include human defecation in the absolute sense, his urine except a breastfeeding boy, dog's saliva, animal droppings, menstrual blood, flesh of swine; any other things beside those are not agreed upon – what can be said about them is that they are to be basically regarded as pure; nothing can make them to cease to be pure except an authentic factor not affected by what has an equal footing with it or what supersedes it.

Explanation:

As for human defecation and urine being regarded as impurities, there are clear-cut authentic reports indicating that; in fact that those are regarded as impurities fall within what should be unreservedly accepted in the Deen as that will not be hidden from a person who busies himself with the evidences of the Sharî'ah and the matter upon which the era of the Prophet – Sallallâhu alayhi wa sallam – was. The fact that the two are sometimes regarded as being pure cannot rule out the earlier fact.

As for the human defecation, it is as it has come in the hadith of Abu Hurairah – may Allâh be pleased with him – that the Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

 ))إِذَا وَطِئَ أَحَدُكُمْ بِنَعْلِهِ الْأَذَى فَإِنَّ التُّرَابَ لَهُ طَهُورٌ ((.

'When any of you marches his footwear upon dirt, verily the sand will purify it.'

In another version it reads:

)) إِذَا وَطِئَ أَحَدُكُمْ بِخُفَّيْهِ فَطَهُوْرُهُمَا التُّرَابُ(( .

'When any of you marches his leather socks upon dirt, verily the sand will purify both.'

Abu Dâwud – may Allâh bestow mercy on him – recorded both the narrations so also Ibn Sakan, Al-Hâkim, Al-Bayhaqî – may Allâh bestow mercy on all; there is a difference of opinions over it with regard to Al-Auzâ'î – may Allâh bestow mercy on him.

In addition, Ahmad, Abu Dâwud, Al-Hâkim and Ibn Hibbân recorded it back to Abu Sa'eed Al-Khudrî – may Allâh be pleased with him – that the Prophet – Sallallâhu alayhi wa sallam – said:

)) إِذا جَاءَ أَحَدُكُمُ المَسْجِدَ فَلْيَقَلِبْ نَعْلَيْهِ فَلْيَنْظُرْ فِيْهِمَا فَإِنْ رَأَى خَبَثًا فَلْيَمْسَحْهُ بِالْأَرْضِ، ثُمَّ لِيُصَلَّ فِيْهِمَا ((.

'When any of you comes to the mosque, let him turn his footwear over and examine them; if he sees dirt he should rub it over the earth then he should pray in them.'

There is difference of opinions as to whether the narration goes back to the Messenger of Allâh – Sallallâhu alayhi wa sallam – or not (that is, if it can be regarded as a Mar'fû'); so also its being regarded as ending with a Follower who did not mention the name of the Companion from whom he heard the narration (that is, as a Mur'sal). But Abu Hâtim favoured the opinion that says the narration goes back to the Messenger of Allâh – Sallallâhu alayhi wa sallam –.

The Collectors of the Sunan recorded it back to Umm Salamah, – may Allâh be pleased with her – which goes back to the Messenger of Allâh – Sallallâhu alayhi wa sallam –  that is, this version:

 ))يُطَهِّرُهُ مَا بَعْدَهُ(( .

'What comes after it will purify it.'

Also its like has come from Anas – may Allâh be pleased with him – as found with Al-Bayhaqî but with a weak chain. So also is another narration from a woman from the Clan of Abdul-Ash'hal; also found with Al-Bayhaqî – may Allâh bestow mercy on him.

The fact that sand is made to accompany the act of wiping so that it will clean the thing the more does not make it to cease from being regarded as an impurity.

As for the relaxed ruling that has come over cleaning urine; it is as it has been established that the Prophet – Sallallâhu alayhi wa sallam – commanded that a container of water should be poured over the urine of the Bedouin (who came and urinated in his mosque). The report can be found in the Sahîhayn (of Al-Bukhârî and Muslim), and others beside them, in the hadith of Abu Hurairah and Anas bn Mâlik – may Allâh be pleased with both.

As for what is other than human feces and urine, there is no consensus over any aspect of it. There are varying evidences; there are some that indicate that they are clean such as urine of camel – it has come in the Sahîhayn and others that the Prophet – Sallallâhu alayhi wa sallam – commanded the 'Uraniyyuun to drink from camel urine.

Also on the issue of the purity of the camel urine is this report:

 ))لاَ بَأْسَ بِبَوْلِ مَا أُكِلَ لَحْمُهُ ((.

'There is nothing wrong with the urine of whatever animal its flesh is eaten.'

The hadith is recorded by Ad-Dâraqutnî in the hadith of Jâbir and Al-Barâ – may Allâh be pleased with both; however there is Amr bn Al-Husayn Al-Uqaylee in its chain who is extremely weak.

Meanwhile there is a narration that indicates the impurity of animal droppings as it has come in Sahîh Al-Bukhârî and others that the Messenger of Allâh – Sallallâhu alayhi wa sallam – said regarding it that it is a riks; a riks, in the Arabic Language, is a filth.

At-Taymî – may Allâh bestow mercy on him – reported that the animal dropping to be considered as filth is that of a horse, mule and donkey; Ibn Khuzaymah however added in his own version that the Prophet – Sallallâhu alayhi wa sallam – said: 'It is riks; a donkey dung.'

It will not be hidden from you that the basis of everything is that it is regarded as pure because saying something is filthy makes it imperative upon the slaves to have a ruling of that over it, and the basic rule is the opposite of that. Also, the exempting rule is that there is no responsibility in a vague text until its actual ruling is established from it. Rulings that are ascribed to the Shariah without establishing proofs are not fairer as sins like when established rulings are rendered null and void. Each can therefore be regarded as issuing a statement about Allâh without His Authority or rendering null and void what He has legislated for His slaves, without proof.

As for saying urine will be regarded as impure after the weaning years in male; then that is due to this hadith:

)) يُغْسَلُ مِنْ بَوْلِ الْجَارِيَةِ وَيُرَشُّ مِنْ بَوْلِ الْغُلَامِ ((.

'Urine of a girl should be washed while that of a boy should be wetted.'

Abu Dâwud recorded it so also An-Nasâ'î, Ibn Mâjah, Al-Bazzâr and Ibn Khuzaymah – may Allâh bestow mercy on all – in the hadith of Abu As-Sam'h, a servant of the Messenger of Allâh – Sallallâhu alayhi wa sallam. Al-Hâkim – may Allâh bestow mercy on him – graded the hadith to be authentic.

In addition, Ahmad and At-Tirmidhi recorded another hadith, which was graded as hasan by the former, on the authority of Alee bn Abee Tâlib – may Allâh be pleased with him –, that the Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

 ))بَوْلُ الْغُلَامِ الرَّضِيعِ يُنْضَحُ وَبَوْلُ الْجَارِيَةِ يُغْسَلُ ((.

'Urine of a breastfeeding boy should be wetted and urine of a girl should be washed.'

Ibn Mâjah – may Allâh bestow mercy on him – also recorded it so also Abu Dâwud – may Allâh bestow mercy on him, with an authentic chain that ends with Alee bn Abee Tâlib – may Allâh be pleased with him.

Ahmad, Abu Dâwud, Ibn Mâjah, Ibn Khuzaymah, Ibn Hibbân and At-Tabarâni recorded another hadith on the authority of Umm Al-Fadl, Lubaabah bint Al-Hârith – may Allâh be pleased with her – who said: 'Al-Husayn, the son of Alee, urinated on the lap of the Prophet – Sallallâhu alayhi wa sallam; then I said: 'O Messenger of Allâh, give me your cloth and put on another cloth so that I will help wash it.' Then he – Sallallâhu alayhi wa sallam – said:

 ))إِنَّمَا يُنْضَحُ مِنْ بَوْلِ الذَّكَرِ وَيُغْسَلُ مِنْ بَوْلِ الْأُنْثَى ((.

Urine of a male is only wetted while that of a female is washed.'

It has also been established in the Sahîhayn and others in the hadith of Umm Qays the daughter of Mihsan – may Allâh be pleased with her – that she brought a kid of hers who had not been eating food to the Messenger of Allâh – Sallallâhu alayhi wa sallam –, the kid then urinated on the latter's cloth, he then called for water and wetted (the spots); he did not wash it.

Also in Sahih Al-Bukhârî, on the authority of Âishah – may Allâh be pleased with her – who said, 'A kid was brought to the Messenger of Allâh – Sallallâhu alayhi wa sallam – for Tahnîk[1], the kid then urinated on him and he followed it with water.'

And in Sahih Muslim, she (Aaisha – may Allâh be pleased with her) said, 'Kids were being brought to the Messenger of Allâh – Sallallâhu alayhi wa sallam –, he would invoke blessings (of Allâh) on them and perform Tahnîk over them; but a kid was brought to him who then urinated over him, he then called for water and followed the spot of the urine with it; he did not wash it.'

This makes it clear that he – Sallallâhu alayhi wa sallam – did not wash the spot, therefore following the spot with water could merely mean an act of wetting the spot as it is stated in the two other hadiths, or a mere act of pouring water over the spot with washing.

In summary therefore, the clarity of words from him – Sallallâhu alayhi wa sallam – with regard to what is imperative on the matter is what ought to be followed because it is a word of statement with made to his Ummah; therefore his act, if it is believed that it contradicts his statement, cannot be held to oppose his statement – Sallallâhu alayhi wa sallam –.

A number of scholars are of the opinion that it is sufficient to wet the spot of urine of a male not that of a female; among such people who have that opinion were Alee (bn Abee Tâlib), Umm Salamah, Ath-Thaurî, Al-Auzâ'î, An-Nakha'î, Dâwud, Ibn Wahb, Attâ, Al-Hasan, Az-Zuhrî, Ahmad, Ishâq, Mâlik – in a narration [may Allâh bestow mercy on all]; this is the truth in which there is no doubt.

But some People of Knowledge are of the opinion that wetting both (the male and female spots of urine) is sufficient; this has been reported from Mâlik then from As-Shâfi'î and Al-Auzâ'î – may Allâh bestow mercy on all. This however contradicts what has come in the authentic reports with regard to the difference between a boy's urine and that of a girl.

The Hanafîs and the rest of the scholars of Kufah are of the view that both are of the same level in terms of the imperativeness of washing; this is reported of the descendants (of the Prophet – Sallallâhu alayhi wa sallam –) too. This school-of-thought – like the one mentioned above – contradicts the evidences.

Those who share this third view have cited proofs in the reports that have come over the general impurity of urine.

As for the analogy that has been made with regard the urine of a boy over that of a female, that such an analogy contradicts the text will not be hidden from you; such a deduction is faulty.

Ibn Hazm – may Allâh bestow mercy on him – stands out by saying urine of a male should be wetted irrespective of such male (old or young); he did not consider the specification that was earlier made that it is the urine of a male kid that should be wetted. What is imperative however is that the absolute ruling should be limited by the specifying ruling.

His words: 'And dog's saliva.'

It has been established in the Sahîhayn and others on the authority of Abu Hurairah – may Allâh be pleased with him – that the Messenger of Allâh – Sallallâhu alayhi wa sallam – said:

 ))إِذَا شَرِبَ الْكَلْبُ فِي إِنَاءِ أَحَدِكُمْ فَلْيَغْسِلْهُ سَبْعًا ((.

'When a dog drinks from the vessel of any of you, let him wash it seven times.'

The like of it is also established from both of them (i.e. al-Bukhârî and Muslim), on the authority of Abdullâh bn Mughaffal – may Allâh be pleased with him.

All that indicates the filthiness of the dog's saliva; this is what is desired here. Talk on the different views between those who act upon what is apparent in the evidences and those who see the sufficiency of washing the vessels three times; the different views are well-known. This however does not rule out the filthiness of the dog's saliva because the point of its being regarded as filthy is the requirement that it should be washed; also this has nothing to do with what we are discussing – the additional effort of using sand to wash any vessel a dog drinks from, as it has occurred in the Ahâdîth of the section in the Sahîhayn and others; what is intended here is nothing but establishing the fact that the dog's saliva is impure not the manner of rendering it pure; that is discussed elsewhere.

His words: 'Animal droppings.'

The proof for the filthiness of animal dropping was earlier indicated in the statement of the Messenger of Allâh – Sallallâhu alayhi wa sallam – as regard the animal droppings: 'It is riks;' riks in the Arabic Language is a filth therefore animal dropping is filthy; this is what is desired here. We have earlier mentioned At-Taymî's view on limiting that to the droppings of a horse, mule and donkey.

His words: 'Menstrual blood.'

The proof for that is what has been established with Ahmad, Abu Dâwud and At-Tirmidhi in the hadith of Khaulah the daughter of Yassâr – may Allâh be pleased with her – who said: 'O Messenger of Allâh, I have just a cloth and I used to perform my menstrual period in it, (what should I do)?' He replied – Sallallâhu alayhi wa sallam –:

 ))فَإِذَا طَهُرْتِ فَاغْسِلِي مَوْضِعَ الدَّمِ ثُمَّ صَلِّي فِيهِ ((.

'When you become clean, wash the spot of the blood then pray in it (that is, the cloth).'

She – may Allâh be pleased with her – then said: 'O Messenger of Allâh, what if the blood traits remain?' He replied – Sallallâhu alayhi wa sallam –:

 ))يَكْفِيكِ الْمَاءُ وَلَا يَضُرُّكِ أَثَرُهُ ((.

'The water suffices you; the blood trait is nothing.'

There is Ibn La'î'ah in its chain.

Ahmad reported so also Abu Dâwud, An-Nasâ'î, Ibn Mâjah, Ibn Khuzaymah and Ibn Hibbân in the hadith of Umm Qays the daughter of Mihsan – may Allâh be pleased with her; a hadith that goes back to the Messenger of Allâh – Sallallâhu alayhi wa sallam –, in this version:

)) حُكِّيهِ بِضِلْعٍ وَاغْسِلِيهِ بِمَاءٍ وَسِدْرٍ ((.

'Scrape it with the fingers and wash it water and lotus leaves.'

Ibn Al-Qattaan – may Allâh bestow mercy on him – said: 'The chain of the hadith is very authentic.'

And in the Sahîhayn and others, in the hadith of Asmâ the daughter of Abu Bakr – may Allâh be pleased with her – who said: 'A woman came to the Prophet – Sallallâhu alayhi wa sallam – and said: 'If menstrual blood touches the cloth of one of us (women), what should she do?' He replied – Sallallâhu alayhi wa sallam –:

 ))تَحُتُّهُ ثُمَّ تَقْرُصُهُ بِالْمَاءِ وَتَنْضَحُهُ وَتُصَلِّي فِيهِ ((.

'Let her scrape it then soak (the cloth) with water after which she should wet the spots of the menstrual blood and pray in the cloth.'

 

The fact that it is commanded that the menstrual bold should be washed and scraped with the fingers indicates the reason of its being impure. Even if scholars disagree as to the manner of rendering it clean, that does not rule out its being regarded as filth.

 

As for the rest of the blood, there are varying and colliding proofs over it; the basic ruling of lack of responsibility will be made use of until a clear proof will come to remove the existing and clear contradiction, or a proof on the same footing with the one on ground.

 

If the pronoun in Allâh's Statement:

  ﮮ  ﮯ

'…verily it is impure…'

[If the pronoun] is in reference to all what has preceded in the Noble Verse, that is, dead animal, blood that gushed out, the flesh of swine, etc. that  could have meant that blood that gushes out is also impure so also dead animal, but there is nothing in the Verse that suggests that meaning, rather there is an existing difference of opinions with the scholars over whether the pronoun goes back to all the items or what is closer to it. What is however apparent is the fact that it is what is closer that it refers to and that is the flesh of swine (pork), also because of the singular form of the pronoun.

It is because of this that we come to the strong conclusion here that it is only the flesh of swine that is impure not dead animal nor non-menstrual blood. This clarification is important because a report has come which indicates that what is prohibited in dead animal is its consumption; as it has come in the Sahih in this version:

 ))إِنَّمَا حُرَّمَ مِنَ المَيْتَةِ أَكْلُهَا ((.

'It is only the consumption of dead animal that is prohibited.'

Whoever wants to verify the better opinion in the outstanding controversy on the like of this pronoun mentioned in the Verse should visit what the scholars of Usuul have mentioned with regard to a standing restriction that comes after a sentence containing a lot of items.

His words: 'Flesh of swine.'

What indicates its filthiness is what has been shortly mentioned of the Noble Verse.

His words: 'Any other things beside those are not agreed upon – what can be said about them is that they are to be basically regarded as pure; nothing can make them to cease to be pure except an authentic factor not affected by what has an equal footing with it or what supersedes it.'

I say (that is, Al-Imâm Ash-Shaukâni): Know that the basic ruling is that those other things are regarded as pure as known from the details and parts of the Pure Shariah. There is no doubt as regard the fact that the ruling that something is impure is making a binding judgement over the slaves (of Allâh) while the basic principle is that they should be free from that most especially in matters of general effect. The Messenger of Allâh – Sallallâhu alayhi wa sallam – has indeed guided us to remaining silent from matters Allâh has remained silent over; he said such matters constitute pardon (from Allâh).

Therefore, whatever has ruling of impurity over it is not for anyone among the slaves of Allâh to make such thereof merely from his defective thought, or with a mistake of citing evidence as some People of Knowledge claim, merely on thought, that the impurity of whatever is prohibited by Allâh goes with its being prohibited. This claim is one of the most unfounded falsehood; thus the fact that something is prohibited does not mean that it is unclean by effect; it does not make it inclusive nor imperative. Thus, that intoxicants, dead animals and blood are prohibited does not mean that all those are unclean.

It was as if the Lawgiver was aware of the possibility of this wrong notion from some of His slaves that He guided to what would remove it saying:<