Fiqh of Taharah: Class Fifty-Nine
الحمد لله و الصلاة و السلام على رسول الله و بعد:
These classes are based upon the commentary of the eminent Shaikh Atiyya Muhammad Saalam, given in Masjid an-Nabawi, in Madinah al-Munawwrah.
The Hadith:
وَعَنْ عِيسَى بْنِ يَزْدَادَ, عَنْ أَبِيهِ قَالَ: قَالَ رَسُولُ اَللَّهِ ( { إِذَا بَالَ أَحَدُكُمْ فَلْيَنْثُرْ ذَكَرَهُ ثَلَاثَ مَرَّاتٍ } رَوَاهُ اِبْنُ مَاجَه بِسَنَدٍ ضَعِيف ٍ .
The Prophet alayhi salam said, “If one of you urinates, let him shake his penis three times.”
(N arrated by Ibn Majah with a weak chain)
The Explanation:
This is one of the types of Adaab, and notice the order that the Author is very precise about.
We just read that a person when sitting to answer the call of nature should raise their right foot onto its toes, and lower the left foot flat, and this enables the expulsion of impurities.
That is followed by this hadith, even if it is weak, which we shall speak about, that a person should shake the head of his penis to remove anything that may remain in it from the remains of urine.
But, since the hadith is weak, and this overburden, inside of the head of the penis, we are not responsible for it.
And it is not impure that must be cleansed unless it leaves the body, and even before that it was in the bladder, which was filled with urine, and a person can stand and pray. It is inside of the body and there is no harm in that.
And it is said that the extent of shaking the penis could lead to urinary incontinence, since there is a muscle that squeezes during urination and defecation, and it prevents anything from coming out without order from the brain, when it relaxes, the urine comes out. But if it is closed by the brain, urine cannot come out.
And likewise there is a muscle that prevents the expulsion of feces except when it is relaxed.
And it is said that shaking the penis a lot may result in the weakness of that muscle, and it will no longer be able to squeeze, and drops of urine can fall out, and a person may become ill with urinary continence.
It is said that some of the Salaf used to practice this, and they became afflicted with urinary incontinence, so they left it.
And the hadith, “Beware of urine…” some of the Salaf used to take a bottle in the bathroom, and capture the urine in there to prevent it from splashing on them.
One of their sons said, with love, “O father, why do you do this?” “To protect from urine.” “Did the Prophet alayhi salam do that?” No. Did the Khulafaa ar Rashidoon do that? No. Did the Sahabah? No.”
So he left it and said, “Alhamdulillah who guided me at the hands of my son.”
So being extreme in these matters but go beyond their limit. They protect themselves from urine, but beyond what is normal might lead to wasswass, and going beyond what one is able to do.
And the hadith is weak.
But if a person has urinary incontinence, this hadith could be used.
There is an angle regarding what is related to sperm while making ghusl, if the sperm left its place but did not exit the body.
Some said there is no ghusl since it did not come out.
Others said, if it comes from it place, there is ghusl, and if it comes out after that, there is another ghusl. Others say no ghusl, since he has already made ghusl before.
And they all agree, that it is appropriate if a person has had sperm exit, that they should urinate, since if there is anything remaining in the penis the urine will cause it to exit.
The reason for this is not that sperm is najiss, since the strongest view is that it is pure according to the Jumhoor, but so that it does not remain in that place so that it does not become infected. The urine will cause it to exit it and one will be safe from harm.
Regarding this hadith of shaking after urinating, what does the woman do, she doesn’t have a way of shaking off?
The point is that a person should be sure before leaving that his urine has stopped.
Especially for those who have inflamed prostate, it could cause urine to come out slowly, or after pauses, and he might think that the urine has stopped, but when he leaves something comes out.
The goal from shaking off is to sure that the urine has finished.
And the hadith of the Bedouin who urinated in the Prophet’s Mosque, the Prophet alayhi salam said, “Leave him.” So that the urine could be done naturally.
In summary, the hadith is daeff, and the Jumhoor did not accept it, but the goal is to be sure the urine has stopped, so that when he leaves no urine falls on him or his clothes.
The Hadith:
106- وَعَنِ اِبْنِ عَبَّاسٍ رَضِيَ اَللَّهُ عَنْهُمَا; { أَنَّ اَلنَّبِيَّ ( سَأَلَ أَهْلَ قُبَاءٍ, فَقَالُوا: إِنَّا نُتْبِعُ اَلْحِجَارَةَ اَلْمَاءَ } رَوَاهُ اَلْبَزَّارُ بِسَنَدٍ ضَعِيف ٍ (126) .
107- وَأَصْلُهُ فِي أَبِي دَاوُدَ, وَاَلتِّرْمِذِيّ وَصَحَّحَهُ اِبْنُ خُزَيْمَةَ مِنْ حَدِيثِ أَبِي هُرَيْرَةَ ( بِدُونِ ذِكْرِ اَلْحِجَارَة ِ (127) .
The Explanation:
Brothers, this hadith has a long explanation. Its basis is the words of Allah, “The Masjid based on Taqwa has more right to be prayed it. In it is men who love to purify themselves, and Allah loves those who purify themselves.”
When this verse was revealed, and this text is related to the verse before it regarding Masjid ad Diraar.
Since it is built to be a place of refuge for those who waging war against Allah and his Messenger.
The comparison “Ahaaqu” is relative. Since the Masjid that was built on Taqwa was disagreed upon by two Sahaba, some said it as the Prophets Masjid, and others said, Masjid Quba.
They came to the Prophet alayhi salam, he took dirt from the ground and said, this Masjid, this Masjid.
This verse was definitely revealed regarding Masjid Quba. Since it is in contrast to Masjid Diraar.
And Allah said, “Do not stand it, the Masjid built on Taqwa has more right…”
This Masjid was built on Taqwa from the beginning, and if from the beginning means time-wise, Quba was built before the Prophet alayhi salam reached Madina and built the Masjid there.
But if from the beginning means that which is better, then it is the Masjid in madinah.
But the reality is that the Masjid referred to in the verse applies to ever Masjid on earth, that was built from the inception on Taqwa.
Since some Masjids are built for showing off, for fame, are person builds a Masjid to have his grave built in it. It becomes a shrine.
A person might steal the land. There are other things.
But built on Taqwa from the first day, there is no cheating, no deceit, not goal other, it has more right for a person to stand in, than a Masjid that has a doubt or accusation that leads one to avoid it, so it is general.
But the sabab an nazool is for Masjid Quba.
The Prophet alayhi salam came to the people of Quba, and said, Allah praises you in the Ayah, what do you do?
There is a narration that says, “We cleanse with water.”
And in a narration, “We follow the stones with water.”
Thus, this is the reason.
And from here, the scholars say, “What is better, istijmar with stones, washing with water, or joining both?”
They agree that using both is best.
Some scholars said, it is not narrated that the Prophet alayhi salam used both.
There are ahadith that he requested three stones.
And others said, the praise of Allah indicates, that using using two means of purification is better than one.
It was said some Salaf said, if one only uses water, it leave the hand impure. Since the hand is used with the water. But stones prevent the hand from touching the Najassa.
Others said, using water is disliked because of this.
Others said, the reason it is better is since it joins two types of purification, to remove the impurity from that place.
The hadith, “We follow the stones with water.” They join both.
بَابُ اَلْغُسْلِ وَحُكْمِ اَلْجُنُبِ
108- عَنْ أَبِي سَعِيدٍ اَلْخُدْرِيِّ ( قَالَ: قَالَ رَسُولُ اَللَّهِ ( { اَلْمَاءُ مِنْ اَلْمَاءِ } رَوَاهُ مُسْلِم
The Explanation:
The Author begins the Chapter on Ghusl, which contains over 20 hadith, on the subject: “Water is from water.”
What does it mean water due to the water? What is the first water, and the second?
It is said, this is from eloquent use of language. Since the first water is different than the second water.
The first water, is the water of ghusl. And the second water, is the water that comes out of a man, the sperm.
And in converse, if the second water does not come out, there is no need for the first water.
Except there will be another hadith, that if a man sits between the four parts of a woman. That is, if a person goes to his wife, has relations, but does not ejaculate, the second water, is the first water required.
If we look at the hadith, “Water is due to the water,” does not negate that the water of ghusl may be due to something else.
But there is another hadith, “Water is only due to the water.” This restriction means there is not need for water of ghusl for anything else.
But this hadith, water is due to water, could also include water is due to relations, etc.
There can be other places that requires ghusl.
Here, there scholars who have studied this subject extensively, there are some who said that a man who goes to his wife does not have to perform ghusl.
They quote the hadith, “A man has upon the belly of his wife, and he heard the caller of the Prophet alayi salam, so he got up, made ghusl, and joined the Prophet alayhi salam. He apologized for being late.
The Prophet alayhi salam said, “No problem, water is only due to the water.” Since you left in a hurry, there is no to make ghusl, but just wash your private part.
Some said, whoever has relations, but does not enjaculate, he does not have to make ghusl.
And the hadith that said, “Whoever sits between the four parts of a woman, and makes effort.”
Was metaphorical for the complete relationship.
But there is another hadith that says, “If the two circumcised parts meet, ghusl is required.”
And there is another text that says, “A man came before the revelation of hijab, and said, I have relations but do not ejaculate, do I have to perform ghusl? The Prophet alayi salam said, I do it with her (Aisha) and we make ghusl.”
What the scholars settled on is that ghusl is required, whether one ejaculates or not.
And this issue is from the issues that used to have much difference, and later was studied.
In the Prophet’s Masjid, in front of Umar, the Sahaba differed regarding the requirement of ghusl. Ali came and asked Umar, what do you rule.
Umar said, “Why do you ask me and next to you are the mothers of the believers. Send for them and ask them, since they have more knowledge about this then us.”
And from the wisdom of the Prophet alayhi salam having many wives, is that they transmitted many of the Prophet’s actions to us.
So Umar sent for Umm Salamah, who said, ask Aisha, since she has more knowledge about that than me. He asked her, and she said, “If the two circumcised parts pass each other, ghusl is obligatory.”
When the messenger returned to Umar with the text from Aisha, Umar said, that I hear that a person say there is no ghusl except from ejaculation, I will punish him.
Ubay said, “In the beginning, no ghusl was a Rukhsa for us, but it was made strict later.”
And the matters that are very common, since they are in every house, amongst of every people, but still some matters were hidden from the Sahaba, and with time the matters became clear.
And this matters that we called Madhabi, and no Imam said everyone has to follow it, but each Imam gives his ruling based on what knowledge reached him, and then his followers followed up, according to the rules of his teacher, and make analogies, until the madhhab is complete, by the actions of the Imam and his students, and it is known as the madhhab of so and so. This matter was settled by Umar based on Aisha’s hadith.
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