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Dleel at-Talib: Unit #1: Types of Water

 

Dleel at-Talib: Unit #1: Types of Water


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



Maryee
bin Yousuf Al-Karmi Al-Hanbali


Maryee bin Yousuf Al-Karmi Al-Hanbali (d. 1033 H), the insightful famous
scholar, the author of many books, and one of the most distinguished Hanbali
scholars.

He was a Faqih, Usuli, Mufassir, Muhaddith, Nahwi, with a broad understanding
of jurisprudence, has full knowledge of Al-Ulum An-Naqliyyah and Al-Ulum
Al-Aqliyyah and he has the upper hand in all the sciences. He acquired
knowledge from scholar al-Mardawi (1026 AH) and Yahya Ibn Musa’ al-Hajjawi. His
teachers then gave him the license to teach and narrate Islamic religious
knowledge.  He was the top teacher in Al-Azhar Mosque.



 



 



 



BOOK OF PURIFICATION[1]



1.1: Definition of Purification:



The process of lifting ritual impurity[2]
and removing filth[3] is called
purification.[4]



1.2: Types of water:



There are three types of water[5]:



First: Purifying water, that preserves its original properties,
lifts ritual impurity and removes filth.[6]



There are four types of that (purifying) water.[7]



Water forbidden to use, neither lifts ritual impurity nor
removes filth. It is the unlawful water.[8]



Water that lifts the ritual impurity of a woman, but neither of
an adult man nor an effeminate. It is the water that is left over after use of
a legally responsible woman alone, for full ritual purification.[9]



The water, that’s use is offensive without a necessity,[10]
like the water of a well located in a graveyard,[11]
the extremely hot or cold water,[12]
the water heated by using  Najasah
(filth)[13]
or
misappropriated fuel,[14]
the water used in voluntary purification,[15]
or bathing of a disbeliever,[16]
the water that’s changed by aquatic salt [17]or
by mixing anything insoluble in water e.g Ood-ul-Qamari
(Aromatic  Wood), traces of Kafoor (camphor) and oil.[18]
Using Water of Zamzam (a sacred well
at Makkah) for cleaning ritual impurity
is not offensive, but to remove filth.[19]



The water that’s use is not offensive[20]
like water of ocean, wells, springs, streams and bath-house.[21]
Using heated water by sun[22]
and altered water being stagnant for long time[23]
or by the air coming from carrion,[24]
or by mixing something inevitable like algae and leaves of a tree, that have
not been added to water intentionally. [25]



 Second: 
The clean water that is permissible
to use for other purposes, except for lifting ritual impurity and removing
filth.[26]
It is the water whose dominant colour, taste or odour is altered by dissolving
something clean.[27] If this change
disappears by itself, it acquires ability to purify again.[28]
Clean water includes the small quantity of water that is used to lift ritual
impurity[29] or the water in which
a legally responsible Muslim inserts his hand prior to washing it three times,
with intention and saying Bismillah
بسم الله
الرحمن الرحيم

 after awakening from night sleep, that
qualifies to invalidate Wudhu
(ablution), as this (washing hands three times before inserting in water) is an
obligation.[30]



Third: The filthy water, that is forbidden to use, except in a case
of necessity, neither lifts impurity nor removes filth. It is the water, when
filth drops into it and it is small in quantity (though its properties do not
change), or it is in large quantity and one of its properties changed.[31]



If the change disappears by itself or by adding purifying
water to it, or by draining it out leaving behind large quantity of purifying
water, then it turns clean.[32]
The large quantity of water equals to two Qullahs
(Large Water Containers) of Hajar (a
town in Saudi Arabia) approximately, and the volume lesser than it (i.e two Qullahs) is regarded small quantity of
water.[33]
Two Qullahs equal to five hundred Ratl of Iraq, while it equals to eighty Ratl and two and half Sub’as of Al-Quds (Jerusalem).[34]
This volume equals to a cube having each side of length one Dhira’a (Cubit) and its quarter.[35]
If the clean water is in large quantity and does not change by dropping filth
into it, it remains clean, whether the filth persists in it.[36]
If it is doubtful, whether the water is in large quantity or not, then it is
considered filthy.[37]
If it is doubtful, whether, purification with that water is permissible or not,
then do not rely upon guess work, but, make Tayammum,
without throwing it away.[38]
It is obligatory for a person who knows about the filthy water, he should
inform other person who intends to use that water.[39]



NOTES:













[1] TAHARAH
(Purification) in Shariah refers to two meanings:



(a)   Avoiding
filth (all the materials that inhibit performing Salaah, if they are on the
body or clothes)



(b)   Removing
Hadath by using water or dust, as
directed by Shariah.



[Al-Insaf,
vol.1, p.20]



Allah Almighty says:



Purify your clothes, and keep yourself away from filth.” [74:4-5]



Surely Allah loves those who turn to Him in repentance and keep themselves
clean.
” [2:222]



Certainly the Masjid founded on piety from the very first day is more
deserving that you should stand to offer Salah in it; for in it there are men
who love to be purified; and Allah loves those who purify themselves.

[9:108]



Several Companions of the
Prophet (May Allah shower His blessings and peace on him) reported that Allah’s
Apostle (May Allah shower His blessings and peace on him) said, “Purification
equals to the half Eeman (faith).”



[Musnad Imam
Ahmad:H.18476, 23461, 23487, 23527, 23547, Jami at-Tirmidhi:H.3519]







[2] HADATH OR RITUAL IMPURITY means anything
that obligates Wudhu or Ghusl. Ritual impurity is of two types:



(a)  
Hadath Akbar /Major Impurity i.e post-sexual impurity, menses and
post-partum bleeding



(b)    Hadath Asghar
/Minor Impurity
i.e when a person‘s ablution has been nullified. [Kashaf-ul-Qina’a,
vol.1, p.26]







[3]  NAJASAH
or FILTH
means the materials that make the body, clothes or soil etc impure
hence inhibit performing Salaah. There are two types of Najasah:



(a)              
Najasah Ayniah/Physical Filth: Najasah (filth) that can’t be purified at
all, including, all the concrete filth, whether dry, moist or liquid. It can’t
be made clean either by washing it or by changing its composition, like human
feces and urine.



(b)              
Najasah Hukmiyah/Ritual Filth: Najasah that can be purified by itself,
either by a purifier (water or dust) or by changing its composition, like wine.



[Al-Insaf,
vol.1, p.26, Kashaf-ul-Qina’a, vol.1, p.27]







[4] Purification
is acquired either by water or stone or dust, details are coming next.







[5] Water is a main tool to get
purified, both from Hadath and Najasah.



The Shari'ah has divided
water into three types:



(i)                
Purifying Water



(ii)              
Clean Water   



(iii)            
Filthy Water







[6] 
TAHOOR OR PURIFYING WATER:
It is the clean water,
acquired from natural sources like rain, sea, river, lake, canal, well etc.
Generally, it is colourless, odourless and tasteless; however, in some cases it
may be salty or muddy. It is not only clean itself, but has the ability to
purify.



(a)   Rain Water: Allah Almighty says:



And He it is Who sends the Winds as heralds of glad tidings going
before His Mercy and We send down purifying water from the sky.
” [25:48]



Remember He covered you with a sort of drowsiness to give you calm as
from Himself and He caused rain to descend on you from heaven to clean you
therewith to remove from you the stain of Satan to strengthen your hearts and
to plant your feet firmly therewith.
” [8:11]



(b)   River / Canal Water: Allah Almighty says:



See you the water which you drink? Do you bring it Down (in rain) from
the Cloud or do We
?” [56:68-69]



It is already mentioned
that rain water is clean. This rain water flows in the form of rivers and
streams.



(c)    Sea Water: Allah Almighty says:



And two seas are not alike: this, fresh, sweet, food to drink, this
(other) bitter, salt. And from them both you eat fresh meat and derive the
ornament that you wear
.” [35:12]



Of course, drinking water
from sweet aquifers in the sea, is clean and sanctity of sea food (Fresh Meat)
proves that sea water is clean.



Abu Hurairah (May Allah be
pleased with him) reported that a man said to the Allah’s Apostle (May Allah
shower His blessings and peace on him), “ O’ Allah’s Apostle! We travel through
the sea, and we have a little (sweet) water; if we perform Wudhu (ablution)
with that water, we shall be left thirsty, so may we perform Wudhu with
sea water? the Allah’s Apostle ( May Allah shower His blessings and peace on
him) said, “Sea water is purifier and (eating) its dead (animal) is
permissible.”



 [Musnad Imam Ahmad:H.7232, 8720, 8899, 9088,
9089, Sunan Abu Dawood:H.83, Jami at-Tirmidhi:H.69, Sunan Ibni Majah:H.386,3246,
Sahih Ibni Khuzaimah:H.111, Sahih Ibni Hibban:H.1243]



(d)   Underground Water: Allah Almighty says:



And there is not a thing but with Us are the stores thereof. And We
send it not down save in appointed measure. And We send the winds fertilizing,
and cause water to descend from the sky, and give it you to drink. It is not
you who are the holders of the store thereof
.” [15:21-22]



And We send down water from the sky according to (due) measure and We
cause it to soak in the soil; and We certainly are able to drain it off
.”
[23:18]



Both the verses mentioned
above allude to the underground water, that comes from the sky, and diffuses
down through filtration making underground oceans. This underground water is
drawn out through wells or water pumps.



Ali bin Abu Talib (May
Allah be pleased with him) reported that the Allah’s Apostle ( May Allah shower
His blessings and peace on him) ordered to fetch a container of water from Zamzam
well, drank its water and performed Wudhu with it.



 [Musnad Imam Ahmad:H.564]







[7] The most of the Hanbali scholars divide the purifying
water into four types.







[8]  This is the
first type of purifying water that is unlawful to use it for purification,
despite its purifying property. The water that has been misappropriated,
snatched or stolen, is unlawful to use for the purification. The reason behind
this ruling is that misappropriating is forbidden so  misappropriated water is not allowed for
purification.



[Al-Insaf, vol.1, p.29, Kashaf-ul-Qina’a,
vol.1, p.27]



Abdullah bin Masood (May
Allah be pleased with them) reported that the
Allah’s Apostle (May Allah
shower His blessings and peace on him) said,  
Whoever takes a false oath to
grab a Muslim’s property, he will meet Allah the Exalted, whereas He will be
angry with him.



 [Musnad Imam Ahmad:H.3597, Sahih
Bukhari:H.2416, Sahih Muslim: H.138]







[9] This is the view of Imam Ahmad R.A and
Imam Ishaq bin Rahwayhi R.A. Majority of  Hanbali scholars follow this view. It is
second type of purifying water.



Hakam bin Amr (May
Allah be pleased with him) reported that the Allah’s Apostle (May Allah shower
His blessings and peace on him) forbade a man to make ablution by the water
left after purification of a woman. [Musnad Imam Ahmad:H.1801, Sunan Abu
Dawood:H.82]



An effeminate is analogous to man in this case.



Actually, the left over water after
use of an adult woman for purification (wudu or ghusl) whether it is obligatory
purification or recommended one, is capable to purify originally, but the
Prophet s.a.w forbade men to use it. Its Tabbudi, that is legitimated by
shariah, while its reasoning is unknown. wallahu Aalam.



Abdullah bin Abbas (May Allah be
pleased with them) narrated that
Allah’s Apostle (May Allah shower His
blessings and peace on him) used to take bath with water left over after
Maymona’s shower.



[Sahih Muslim:H.323, Sunan
Ibni Majah:H.372]



Though Abdullah bin
Abbas’s narration is stronger than the Hakam bin Amr’s, but former mentions the
Apostle’s action while the latter mentions his command. So Imam Ahmad’s general
trend was to support the Apostle’s saying if it contradicts his action.
Moreover he generally preferred the forbidding narrations to the narrations
that allow the same thing. So despite authenticity of Ibni Abbas’s Hadith,
Hakm’s Hadith is preferable and safer and more cautious. Allah knows the best.







[10] This is the third type of purifying water. It is the
water that is not allowed to use for purification but in case of a necessity.
Necessity here refers to absence or unavailability of water other than this
type.







[11]  Water of the
well located in a graveyard is analogous to the well located in the land of
people who were punished by Allah Almighty like Aad and Thamood.  Water of such destroyed lands, is offensive
to use. Though the author of this book did not mention this reason, but other
Hanbali scholars have discussed it.



[Al-Insaf, vol.1, p.29,
Kashaf-ul-Qina’a, vol.1, p.27]



Abdullah bin Umar (May
Allah be pleased with them) reported that When the Allah’s Apostle (May Allah
shower His blessings and peace on him) landed at Al-Hijr during the Ghazwa of
Tabuk, he ordered his companions not to drink water from its well or reserve
water from it. They said, "We have already kneaded the dough with its
water and also filled our bags with its water.'' On that, the Prophet (May
Allah shower His blessings and peace on him) ordered them to throw away the
dough and pour out the water.



[Sahih Bukhari:H.3378]



Abdullah bin Umar (May
Allah be pleased with them) reported that the people landed at the land of
Thamood called Al-Hijr along with Allah's Apostle (May Allah shower His
blessings and peace on him) and they took water from its well for drinking and
kneading the dough with it as well. (When Allah's Apostle heard about it) he
ordered them to pour out the water they had taken from its wells and feed the
camels with the dough, and ordered them to take water from the well whence the
she-camel (of Prophet Salih a.s) used to drink.



[Musnad Imam Ahmad:H.5984,
Sahih Bukhari:H.3379, Sahih Muslim: H.2081, Sahih Ibni Hibban:H.6202]







[12] Water that is extremely hot or cold is disliked to
use for purification, without necessity, because it inhibits the perfect purification
that is required by Shariah or it may be harmful to health.



Allah Almighty says:



Don’t
kill yourselves, verily! Allah Almighty is the Merciful to you
.”[4:29]



Abu Hurairah  (May Allah be pleased with them) reported
that Allah's Apostle
(May Allah shower His blessings and peace on him)
said, “ When I forbid you from doing something, avoid it and when I command you
to perform something, do it according to your capacity.”



[Musnad Imam Ahamad:H.7361, 9519, 10716]



Amr ibn al-'As (May Allah be pleased with
them) reported that, “I had a sexual dream on a cold night in the battle of
Dhat as-Salasil. I was afraid, if I showered, I would die. I, therefore,
performed Tayammum and led my companions in the Fajr prayer. They
mentioned that to the Apostle of Allah (May Allah shower His blessings and
peace on him). He said: Amr! you led your companions in prayer while you were
sexually defiled? I informed him of the cause which impeded me from bathing.
And I said: I heard Allah say: "Do not kill yourselves, verily Allah is
Merciful to you." The Apostle of Allah (May Allah shower His blessings and
peace on him) laughed and did not say anything.



[Musnad Imam Ahamad:H.17965, Sunan Abu
Dawood:334]



Uthman bin Affan (May Allah be pleased with
them) reported that Allah's Apostle
(May Allah shower His blessings and peace
on him) said, “One who performs Wudhu well, then goes to perform
obligatory Salaah and performs it, his sins are forgiven.”



[Musnad Imam Ahamad:H.516]







[13] The reason behind offensiveness of water heated by
using filth, is impermissibility of burning filth as a fuel.







[14] Misappropriated fuel is forbidden to use. See
footnote No.7, so water heated by such a fuel is offensive to use.







[15] See footnote no..







[16] A man, Muslim or Non-Muslim, is pure and clean
inherently. But Muslim scholars differ on the issue. Some Muslim scholars
believe that  non-Muslims are impure
inherently, so when they take bath, they make the water in the container impure
by inserting their hands into it. Though Hanbalis do not believe in it, still
they consider it offensive to use the water for purification that has been left
over in the container after bathing of a disbeliever, just for avoiding the
fear of controversy.



[Manar-us-Sabeel, vol.1, p.26]







[17] The water body running or stagnant on a saline soil
is saline too. Using such saline water for purification is offensive, without
necessity. The reason for offensiveness is losing original property of clean
water. Though this saline water resembles with marine water, but these are not
identical perfectly, so its use is declared offensive to avoid fear of
controversy.







[18] The substances mentioned in the text are insoluble in
water, though they do not change the property of water altogether, still some
scholars believe that such water loses its originality and ability to purify,
that is why using such water for purification is offensive, to  avoid the fear of controversy.







[19] Using water of the sacred well Zamzam, for ritual
purification i.e Wudhu and Ghusl, is permissible, but using for
removing filth after relieving one-self , is offensive, for the sake of its
sanctity. [Al-Insaf, vol.1, p.28, Kashaf-ul-Qina’a, vol.1, p.26]



Ali bin Abu Talib (May
Allah be pleased with him) reported that the Allah’s Apostle ( May Allah shower
His blessings and peace on him) ordered to fetch a container of water from Zamzam
well, drank its water and performed Wudhu with it. [Musnad Imam Ahmad:H.564]







[20] This is the fourth type of purifying water, which is
permissible to use for purification without any dis-likeness.







[21] Using water of a bath-house for purification is
permissible, because the Companions of the Prophet (May Allah shower His blessings
and peace on him) used to visit bath-houses.



[Al-Insaf, vol.1, p.28,
Kashaf-ul-Qina’a, vol.1, p.25]







[22] Water heated by the sunlight is analogous to the
water heated by burning clean fuel.



[Al-Insaf, vol.1, p.24, Kashaf-ul-Qina’a,
vol.1, p.24]



Asla’a bin Shareek reported , “I used to
prepare the she-camel of the Prophet (May Allah shower His blessings and peace
on him) for travelling, while I got impure due to Janbah(post-sexual impurity)
in a cold night I had to prepare the Prophet’s she-camel, but I disliked to do
this in the state of post-sexual impurity. I was afraid of death in case of
bathing with cold water. So I put stones (for making stove), heated water  and took bath. Then I met the Prophet (May
Allah shower His blessings and peace on him) and on asking about the
preparation, I told him the whole story.



[Sunan
Al-Bayhaqi:H.10]



Aslam, librated slave of Umar (May Allah be
pleased with him), reported that the water was heated in Qumqumah (a
narrow-necked container) for Umar (May Allah be pleased with him) and he took
bath with it.



[Musannaf
Ibni Abi Shaybah:H.256, Sunan Al-Bayhaqi:H.11]



The narration that Umar (May Allah be
pleased with him) disliked to take bath with water heated by sunlight, is
extremely weak, while the Hadith narrated by Ayesha (May Allah be pleased with
her) regarding prohibition of this action is fabricated. (Maudhuaat Ibnul
Jauzi)







[23] The water that is altered by remaining stagnant for a
long time, either in a container or a water body like a pond, is permissible to
use for purification. [Al-Insaf, vol.1, p.22, Kashaf-ul-Qina’a, vol.1, p.24-25]







[24] It is agreed upon among the Muslim scholars, that air
coming from the side of carrion does not pollute the water present on the way
of that air. [Manar-us-Sabeel, vol.1, p.28]







[25] Aquatic plants and
animals or falling leaves of nearby trees in water may change the properties of
water body, but this change is inevitable, so such water is permissible to use
for purification. [Kashaf-ul-Qina’a, vol.1, p.24]







[26] CLEAN BUT NOT
PURIFYING:
This is the second type of water that is inherently clean but
loses its ability to purify. This water can be used for other purposes, like
drinking, washing hands and face just to remove dust or dyes etc, taking bath
just with intention of cooling body or removing dust, washing vessels, clothes
or floor, that are not defiled with a filth.[Al-Insaf, vol.1, p.28,
Kashaf-ul-Qina’a, vol.1, p.25]



The reason for this water
being clean is that no filth has been added to it, so it retains its original clean
quality. It is also concluded from the following Hadith:



Jabir (May Allah be
pleased with him) reported that the Allah’s Apostle  (May Allah shower His blessings and peace on
him) came to visit me while I was sick and unconscious. He performed ablution
and sprinkled the remaining water on me and I became conscious and said,
"O Allah's Apostle! To whom will my inheritance go as I have neither
ascendants nor descendants?" Then the Divine verses regarding Fara'id
(inheritance) were revealed.



[Musnad Imam
Ahamad:H.14349,  Sahih Bukhari:H.194,
4577, Sahih Muslim:H.1616, Sahih Ibni Hibban:H.1266, Sahih Ibni
Khuzaimah:H.106]



There are two types of this clean water:



(a)   Water that loses its
original colour, odour or taste, by dissolving something clean



(b)  
The water used for ritual
purification







[27] When some clean substance
is dissolved in water, that changes its dominant colour, odour or taste, it
remains clean, but loses its ability to purify. The reason for this ruling is as
following:



Allah
Almighty says:



If you are sick, or on a journey, or one of
you has used the toilet, or has had contact with women and can find no water,
then make Tayammum, take some clean soil and rub your faces and hands with it.
Allah is the Lenient, the Forgiving..
” [4:43]



Abu
Zar Al-Ghifari (May Allah be pleased with him) reported that the Allah’s
Apostle (May Allah shower His blessings and peace on him) said, “Verily! Clean
dust is a means of purification for you until you find water, even after ten
years, and when you find water, clean your skin with it.”



[Musnad Imam
Ahamad:H.21629, 21630, 21698, Sunan Abu Dawood: H.332, Jami at-Tirmidhi:H.124]



Shariah recommends TAYAMMUM (Dry Ablution with Dust), when
someone can’t find water for ablution, instead of making ablution with other
liquids like fruit juices, milk, oil and vinegar. Even Nabeedh (Date Syrup) can’t be used for ritual purification. The
water, that loses its original properties by dissolving something clean,
whether it is baked or not, is not allowed to use for ritual purification and
removal of filth. For example when saphron, camphor, dye etc is added to water
and it dominates water’s colour, odour or taste, then it loses its originality.
Now the water is attributed to the substance dissolved in it. Likewise when
some grains, flowers or fruits are baked in water, it again loses its
originality and it is called now Rose Water, Barley Water etc. So, despite
being clean, such altered water neither deletes ritual impurity nor removes
filth. [Al-Insaf, vol.1, p.32-34, Kashaf-ul-Qina’a, vol.1, p.29]



There is an exception for
dust/soil. When soil is added to water naturally or artificially, the water
retains its ability to purify, provided that the water can flow normally,
retaining its liquidity, without turning into mud. The reason for this
exception is that Shariah considers soil, a mean of ritual purification, as
described in the aforementioned verse and Hadith.  [Al-Insaf, vol.1, p.35, Kashaf-ul-Qina’a,
vol.1, p.29]







[28] Because it has restored its original properties.



 







[29] THE USED
WATER:
The water that has been used for washing body or some of its parts
in case of lifting ritual impurity, like obligatory Wudhu (Ablution) or Ghusl
(Ritual Bath), is considered clean but loses its ability to purify. It is the
water that flows over the body and drops down, while making ritual
purification. It does not imply to the water left over in the container,
provided that he/she washed his/her hand three times before putting it into the
container. Dropping of a few drops of used water into the container,
unintentionally, does not affect the originality of water, because, minuscule
is overlooked in general.



[Al-Insaf, vol.1, p.36, Kashaf-ul-Qina’a,
vol.1, p.29-30]



Abu Hurairah (May Allah be pleased with
him) reported that the Allah’s Apostle ( May Allah shower His blessings and
peace on him) said, " None of you should take bath in stagnant water, when
he is post sexually defiled.” They said, “O’ Abu Hurairah! What should he do?”
He replied, “He should take out water (by means of a vessel).”



[Sahih Muslim:283, Sunan Ibni Majah:H.605]



When a person, who requires ritual
purification, puts his hand into small quantity of water with intention of
purification, without washing it three times, it is also considered used water,
that can’t be used for ritual purification. That is why Allah’s Apostle (May
Allah shower His blessings and peace on him) forbade to take bath in stagnant
water, because water will turn ‘used’ by inserting any body part into it. See
detail in next foot note.



 







[30] Abu Hurairah (May Allah be pleased with
him) reported that the Allah’s Apostle ( May Allah shower His blessings and
peace on him) said, "Whoever wakes up from his sleep should wash his hands
thrice before putting them in the water for ablution, because nobody knows
where his hands were during sleep."



[Musnad Imam
Ahamad:H.7590, 7802, Sahih Bukhari:H.194, 4577, Sahih Muslim:278]



The text
concludes as  follows:



1.      It implies only to the
person who gets up from the night sleep.



2.     
The sleep should be deep enough to invalidate Wudhu.



3.     
If the person is not sexually defiled, then it will
apply only to his hands, rather other body parts.



4.     
Children, insane people and disbelievers are exempted
from this command.



5.     
Washing thrice is an obligation.



6.     
It implies when he has intention of ritual
purification.



7.      Obligation of washing
hand thrice implies when water is small in quantity.



8.      It implies only to
water not to other liquids.



[Al-Insaf, vol.1, p.40-45,
Kashaf-ul-Qina’a, vol.1, p.30-33]



 



The text, being
concise, mentions only the obligatory position. However, washing hands before
putting into water or touching any food, is recommended all the time for every
person, Muslim or Non-Muslim, children or elders, whether they do not sleep at
all, whether they have no intention of ritual purification, whether the water
in the vessel  or food is  large in quantity.



Salman Al-Farisi (May
Allah be pleased with him) reported that I read in Taurah that there is
blessing in washing hands after taking meal. I told Allah’s Apostle (May Allah
shower His blessings and peace on him) what I read in Taurah. He said, “There
is blessing in washing hands before and after meal.” [Musnad Imam
Ahamad:H.24133]



Mansoor bin Younus
Al-Buhuti Al-Hanbali said:



“Washing hands before meal
is Sunnah (recommended) and after it as well.” [Ar-Raudh-ul-Murbi:P.419]







[31] THE FILTHY
WATER:
When a filth mixes with water, there may be two possibilities:



(a)   WHEN WATER IS SMALL IN QUANTITY:



If clean water is
small in quantity and some impure substance or filth drops into it, it turns
impure and filthy, whether none of its properties changes.



The water less
than two QULLAHS (Specific Water
Containers) is considered small in quantity.



Abdullah bin Umar
(May Allah be pleased with them) reported that the Allah’s Apostle ( May Allah
shower His blessings and peace on him) was asked about water in desert country
and what is frequented by animals and wild beasts. He replied: When there is
enough water to fill two  Qullahs
(pitchers), it bears no impurity.



[Musnad Imam
Ahamad:H.4605, 4753, 4803, 4961, 5855, 
Sunan Abu Dawood:H.63, 64, 65, Jami at-Tirmidhi:H.67, Sunan Ibni
Majah:H.517, 518, Sahih Ibni Hibban:H.1249, Sahih Ibni Khuzaimah:H.92]



It is clear that
water less than two QULLAHS, gets impure on mixing with some impurity.



Abu Hurairahh (May Allah
be pleased with him) reported that the Allah’s Apostle ( May Allah shower His
blessings and peace on him) said, "If a dog drinks from the utensil of anyone
of you it is essential to wash it seven times."



[Musnad Imam
Ahamad:H.7440 Sahih Bukhari:H.172, Sahih Muslim: H.279, Sahih Ibni
Hibban:H.1296, Sahih Ibni Khuzaimah:H.98]



This Hadith
indicates that dog’s saliva makes small quantity of water impure, whereas its
saliva does not change colour, odour or taste of that water generally.



The following
Hadith also fortifies this ruling:



Kabshah, daughter
of Ka’b bin Malik (May Allah be pleased with him) and wife of Ibni Abu Qatadah,
reported that Abu Qatadah (May Allah be pleased with him) visited (me) and I
poured out water for him for ablution. A cat came and drank some of it and he
tilted the vessel for it until it drank some of it. Kabshah said: He saw me
looking at him (with wonder); he asked me: Are you surprised, my niece? I said:
Yes. He then reported the Messenger of Allah (May Allah shower His blessings
and peace on him) as saying: It is not unclean; it is one of those (males or
females) who go round among you.



 [Musnad Imam Ahamad:H.22950, 23013, Sunan Abu
Dawood:H.75, Jami at-Tirmidhi:H.92, Sahih Ibni Hibban:H.1299, Sahih Ibni
Khuzaimah:H.104]



Kabshah bint
Ka’ab was surprised thinking that the little water would get impure when a cat
drinks from it, assuming the cat unclean. The companion of the Messenger of
Allah (May Allah shower His blessings and peace on him) Abu Qatadah (May Allah
be pleased with him), confirmed her perception in a way and rejected her
assumption on the other hand, by declaring that cat and its saliva is not
unclean. His words prove that if the cat’s saliva would be impure, the little
water in the utensil would become impure.



Here are more
examples for avoiding small amount of filth when mixed in water:



Salama bin Al-Akwa’a (May
Allah be pleased with him) reported that we went out with the Prophet (May
Allah shower His blessings and peace on him) to Khaibar. A man among the people
said, "O’ Amir! Will you please recite to us some of your poetic verses?”
So Amir got down and started chanting among them, saying, “By Allah! Had it not
been for Allah, we would not have been guided. “Amir also said other poetic
verses which I do not remember. Allah’s Apostle said, “Who is this (camel)
driver?” The people said, “He is Amir bin Al-Akwa’a.” He said, “May Allah
bestow His Mercy on him.” A man from the People said, “O’ Allah’s Apostle!
Would that you let us enjoy his company longer.” When the people (Muslims)
lined up, the battle started, and Amir was struck with his own sword (by
chance) by himself and died. In the evening, the people made a large number of
fires (for cooking meals). Allah’s Apostle (May Allah shower His blessings and
peace on him) said, ”What is this fire? What are you making the fire for?” They
said, “For cooking the meat of donkeys.” He said, “Throw away what is in the pots
and break the pots!” A man said, “O’ Allah’s Prophet! May we throw away what is
in them and wash them?” He said, “Never mind, you may do so.”



[Musnad
Imam Ahamad:H.16640, Sahih Bukhari:H.2477, Sahih Muslim: H.1802, Sahih Ibni
Hibban:H.5276]



Abu Tha’alabah al-Khushni
(May Allah be pleased with him) reported that I said, “O’ Allah’s Apostle (May
Allah shower His blessings and peace on him) we live in the country of the
People of the Book, indeed they eat pork and drink wine, so what we do with
their utensils?” He said, “If you do not find the utensils except theirs, then
wash them with water and cook in them and drink.” [Musnad Imam Ahmad:H.17889]



Hasan Basri r.a (d. 110 H)
was asked if a few drops of wine or blood, get mixed with water in a container,
he commanded to pour it out. [Musannaf Ibni Abi Shaybah:H.1772]



These Hadiths
reveal the general trend of Allah’s Apostle (May Allah shower His blessings and
peace on him), his companions (May Allah be pleased with them) and their
descendants, regarding slight amount of filth, even if it does not alter the
properties of water apparently.



(b) WHEN WATER IS
LARGE IN QUANTITY:



The water that’s
volume is equal or greater than two QULLAHS
is considered large in quantity. When water is large in quantity and something
impure or filth drops into it, there are two possibilities:



(i)    
The colour, odour or taste of this water may be
changed. In this case the water is impure/unclean and unlawful to use for
purification. All Muslim scholars agree on this issue.



Abu
Umamah al-Bahily (May Allah be pleased with him) reported that the Allah’s
Apostle (May Allah shower His blessings and peace on him) said, “Nothing makes
water impure, except that changes its odour, taste or colour.”



[Sunan
Ibni Majah:H.521]      



It
is notable that impurity of water is Najasah Hukmiyah (Ritual Filth),
because it can be purified, while Najasah Ayniyah (Physical Filth) can’t
be purified.



[Al-Insaf,
vol.1, p.64]



See
also foot note no.30.



(ii)   If
human feces or urine mixes up with large quantity of water, and none of the
characteristics of water get changed. In this case the water is considered
filthy. The author (Maryee bin Yousuf r.a) and majority of the later scholars
do not make any exception for human feces and urine, while great majority of
former Hanbali scholars, including Muhammad bin Husain Al-Khirqi, Qadhi Abu
Ya’ala, Ibni Abdoos, Abu Muhammad Ibni Qudamah Al-Maqdasi, Abu Abdullah
Muhammad bin Abdullah Az-Zarkashi etc view that if human feces or urine  drops into large quantity of water, it turns
impure, even if none of its characteristics change at all, except when the
water body is so large, that it can’t be drained out without extreme
difficulty, like large pools. Three pupils of Imam Ahmad bin Hanbal r.a, Salih
bin Ahmad, Al-Maruzi and Abu Talib r.a, reported this view from him.



[Al-Insaf, vol.1, p.60-63,
Kashaf-ul-Qina’a, vol.1, p.37-38, Al-Mughni, vol.1, p.37 , Sharh Az-Zarkashi,
vol.1, p. 14-17]



The following Hadith
supports the view of former scholars.



Abu Hurairah (May Allah be
pleased with him) reported that the Allah’s Apostle (May Allah shower His
blessings and peace on him) said, “Do not urinate in stagnant water, that does
not flow, then do not take bath in it after urinating.”



[Musnad Imam Ahmad:H.8171,
Sahih Bukhari:H.239, Sahih Muslim:H.282]



So it is better and safer
to avoid using water in which human feces or urine is added, even if the
characteristics of water do not change, except when the water body is very
large.



THE RUNNING WATER:



It is notable that running water is
analogous to stagnant water, in all aforementioned rulings. [Al-Insaf, vol.1,
p.59]



 







[32] PURIFICATION OF LARGE WATER BODY: The author
describes here the methods of purification of a large water-body, that gets
changed, by mixing up some filth or impurity. There are three possibilities:



a)     
There is an agreement in the madhab, that when
non-human filth drops into large quantity of water and any of its property is
changed, but by lapsing time, the colour, odour and smell of the filth
disappears by itself, then water turns clean, because it got its originality.
[Al-Insaf, vol.1, p.65, Kashaf-ul-Qina’a, vol.1, p.39]



b)     
The second method is to add as much clean water to the
large filthy water, that removes the colour, odour and taste of filth
altogether, except when the filth is human urine or feces. [Al-Insaf, vol.1,
p.64]



c)     
When the mixed filth is other than human urine or
feces, the third method of purification of filthy water, is to drain out as
much water, that the colour, odour and taste of filth disappears and, the water
left behind is still in large quantity (more than two QULLAHS).



If human urine or
feces is mixed with water, then as much water is required to add, that the sum
total becomes nearly impossible to drain out altogether.



[Al-Insaf, vol.1,
p.65, Kashaf-ul-Qina’a, vol.1, p.39]



 



It is notable that if filthy water is less
than two QULLAHS (200 litres), and a small quantity of clean water is
added to that filthy water to make it equal to two QULLAHS, still this collective
large quantity of water remains impure.[Al-Insaf, vol.1, p.67]



 







[33] The volume of water is considered large if it is
equal or more than two QULLAHS, and small if it is lesser than two QULLAHS.
QULLAH is an Arabic construction used for a specific water container,
that was generally used for storing water in the time of Prophet Muhammad (May
Allah shower His blessings and peace on him) throughout Arabian sub-Continent.
The term QULLAH appears in the following Hadith:



Abdullah bin Umar
(May Allah be pleased with them) reported that the Allah’s Apostle ( May Allah
shower His blessings and peace on him) was asked about water in desert country
and what is frequented by animals and wild beasts. He replied: When there is
enough water to fill two  Qullahs
(pitchers), it bears no impurity.



[Musnad Imam
Ahamad:H.4605, 4753, 4803, 4961, 5855, 
Sunan Abu Dawood:H.63, 64, 65, Jami at-Tirmidhi:H.67, Sunan Ibni
Majah:H.517, 518, Sahih Ibni Hibban:H.1249, Sahih Ibni Khuzaimah:H.92]



The reason to specify the containers
(pitchers) of Arab town Hajar, seems that the water containers of Hajar, were
most famous, and perhaps the largest in capacity.



[Al-Mughni:vol.1, p.23]







[34] The author describes the volume of two QULLAHS,
in terms of the volumetric units of Arab world, that were in practice of his
time. Ratl and Sub’a are units of volume and weight. These units
differed in measure, in different regions of Arab world. Imam Ahmad bin Hanbal
r.a lived in Iraq, so he described this measure in Iraqi units. Two QULLHAS,
equal to 500 Ratl Iraqi. While in units of Ash-Sham (Jerusalem) this
measure equals to eighty Ratl and two and half Sub’as.







[35] The author gives
here an alternative way of measurement of the said volume. Dhira’a is synonym
to cubit, that is the distance of elbow from the tip of middle finger. One Dhira’a
equals to 48 cms approximately, that is the average measure of Dhira’a
(cubit) of an ancient Arab. So one Dhira’a and its quarter equals to 60
cms = 6 dms (app). Hence the volume of two Qullah’s equals to 6x6x6 dms = 216
dm3  or litres. This
measurement can be double checked by another method. Imam Mansoor bin Younus
Al-Buhooti r.a said that one Iraqi Ratl equals to 90 Mithqaals.[ Kashaf-ul-Qina’a,
vol.1, p.44]



Contemporary scholars differ on the exact
equivalent of Mithqaal in decimal system of international units. Shaykh
Salih bin Fauzan Al-Fauzan r.a said that Nisab of Zakat for gold is 92
grams that is equal to 20 Mithqaals.[Al-Muntaqa min Fatawa Salih bin Fauzan,
vol.2, p.295]



Comparing these two values, 500 Ratls
(2 Qullahs) equals to 207 litres. Great majority of scholars agree that
two QULLAHS are for approximate value, that may be slightly smaller or
greater from the specific measurement. So when water is approximately 200
litres in volume, it can be considered a large quantity of water. We used
approximate values in these calculations, for all the measurements. Definitely
the concluded value is approximate as well.







[36] If filth, except human feces and urine, drops into a
large quantity of water there are two possibilities:



a)     
The filth may be in very small quantity, that
disappears in the large water and none of its properties changes. In this case
the entire water body is pure and clean.



b)     
The filth may be in large quantity, but too small to
change the entire water body, still does not disappear in short time and  persists in the water. However, some
properties of water layers around this visible filth would be changed
inevitably. In this case the layers of water that has been changed, are filthy,
while the rest of the water body is pure and clean. [Al-Insaf, vol.1, p.63,
Kashaf-ul-Qina’a, vol.1, p.35]



 







[37] If a person observes that some filth has been added
to water and its properties do not change, but he can’t decide at the spot,
whether the water is lesser or more than two QULLAHS (200 litres) and he
needs water at that time, in this case he should consider the water filthy for
the sake of precaution. [Al-Insaf, vol.1, p.71-72, Kashaf-ul-Qina’a, vol.1,
p.43]



 







[38] In the case mentioned in the previous footnote, he
should not rely upon guesswork, but perform Wudhu without throwing away
the water.



 







[39] When a person knows about the water that it is
filthy, he should inform the other people about its impurity, who intend to use
that water. [Al-Insaf, vol.1, p.76]



Abdullah bin
Abbas (May Allah be pleased with them) reported that the Allah’s Apostle (May
Allah shower His blessings and peace on him) said, “Deen (religion) is the name
of good advice.”



[Musnad Imam
Ahmad:H.3281]



 



 






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Sajid Mahmood Ansari
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