Saturday, 24 November 2012

Adoption in Islam


According to the Sharee'ah (Islamic law), there is no legal adoption. It is prohibited for a person to legally adopt a son or a daughter of whom he is not the biological father. If a person adopts a son or daughter, the Sharee'ah will not confer on the adopted person the status or rights of a biological son or daughter. According to the Quran, one cannot become a person's real son merely by virtue of a declaration; Allaah Says (what means): "...And He [i.e., Allaah] has not made your claimed [i.e., adopted] sons your [true] sons. That is [merely] your saying by your mouths, but Allaah says the truth, and He guides to the [right] way. Call them [i.e., the adopted children] by [the names of] their fathers; it is more just in the sight of Allaah. But if you do not know their fathers, they are your brothers in religion…" [Quran 33: 4-5]
This shows that the declaration of adoption does not change realities, alter facts, or make a stranger a relative, or an adopted child a son or daughter. A mere verbal expression or figure of speech cannot make the blood of a man run through the veins of the adopted child, produce natural feelings of affection found in normal parent-child relationships, or transfer the genetic characteristics, or physical, mental, or psychological traits.
Justice is Respect for Others
The central notion of justice in the Sharee'ah is based on mutual respect of one human being for another. The just society in Islam means the society that secures and maintains respect for people and their rights through various social arrangements that are in the common interest and welfare of the general public. Islam views adoption as a falsification of the natural order of society and reality. The prohibition of legal adoption in Islam was ordained to protect the rights of the adopted, adopter, biological parents, other individuals affected by the adoption, and society as a whole.
Lineage and Legitimacy
The child is an extension of his father and the bearer of his characteristics. He takes his name and increases his progeny. Likewise, the child in Islam also has the equally inalienable right to legitimacy. The principle of legitimacy holds that every child shall have a father and one father only. This is why Allaah has ordained marriage and has forbidden adultery, so that paternity may be established without doubt or ambiguity and that the child may be referred to his father, and the father to his sons and daughters. Hence, adoption cannot be used in Islam to hide the illegitimacy or the paternity of the child.
Inheritance
By adopting someone's child as one's own, the rightful and deserving heirs to the property of a man are deprived of their shares. Hence, Islam has made it Haraam (forbidden) for a father to deprive his natural children of inheritance. Allaah has established the distribution of inheritance in order to give each eligible person his or her share. In matters of inheritance, the Quran does not recognise any claim except those based on relationship through blood and marriage. The Quran stipulates (what means): "And those who believed after [the initial emigration] and emigrated and fought with you – they are of you. But those of [blood] relationship are more entitled [to inheritance] in the decree of Allaah. Indeed, Allaah is knowing of all things." [Quran 8:75]
Marital Relations
Taking a stranger into the family as one of its members and allowing him to be in privacy with women who are non-mahram (i.e., non marriageable relatives) to him is a deception, for the adopter's wife is not the adopted son's real mother, nor is his daughter the boy's sister, nor is his sister the boy's aunt, since all of them are non-mahram to him and vice-versa for an adopted daughter. The Quran has, thus, declared that only the wives of one's real sons, and not the wives of any sons under one's care, are permanently forbidden in marriage. This is according to the verse (which means): "…The wives of your sons who are from your [own] loins…" [Quran 4:23]
Accordingly, it is permissible for a man to marry the divorced wife of any son under his care, since, in actuality, she has been the wife of a 'stranger' who was not related by blood. Also, when the adopted child's lineal identity or paternity is changed, it is quite possible that the adopted child may, unknowingly, enter into incestuous relationships by marrying close relatives of his natural parents; also, his marital chances may, in general, become subject to confusion.
Solidarity
If the adopted child were to receive a claim on the inheritance of the adopter, the real relatives may become rightfully angry feeling that the adopted child has received something that is not rightfully his, depriving them of their full inheritance. This could lead to quarrels, fights and the breaking of relations among relatives. Therefore, adoption is not conducive to family solidarity and overall harmony and peace, which are necessary for social stability.
Allowable Forms of 'Adoption' in Islam
Orphans:
This is a completely different form of adoption, which is not prohibited by Islam - that is, when a man brings home an orphan and wants to raise, educate, and treat him as his own child. In this case, he protects, feeds, clothes, teaches, and loves the child as his own without attributing the child to himself, nor does he give him or her the rights which the Sharee'ah (Islamic Law) reserves for his natural children. This is a meritorious and noteworthy act in Islam, and the man who does it will be rewarded by being admitted to Paradise. Prophet Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) once said: "I and the one who raises an orphan, will be like these two inParadise (and he pointed his middle and index fingers)"
There are also numerous Quranic verses that support the act of taking care of orphans and enough cannot be said about how pleased Allaah is with this noble and charitable act, see: [Quran: 2:220; 4:2; 4:6; 4:10; 4:127; 17:34]
Foundlings:
A foundling or abandoned child is also regarded as an orphan, and one may apply the term 'wayfarer' to him as well. In this case too, as in that of orphans, the child's lineal identity must be unchanged and parenthood to the natural parents should not be denied. When the parents of such children are unknown, the children must be made brethren in faith; See [Quran: 33:4-5], as cited at the beginning of this article.
If a man is childless and wishes to benefit such a child (orphan or foundling) from his wealth, he may give him whatever he wants during his lifetime.
Modern Forms of Adoption:  Artificial Insemination
Islam safeguards lineage by prohibiting adultery and legal adoption. In the same way it forbids artificial insemination if the donor of the semen is other than the husband. Thus, Islam keeps the family line clearly and unambiguously defined without any foreign element entering into it. That is why Muslim scholars unanimously consider artificial insemination a despicable crime and a major great sin, to be classified in the same category as adultery.
It is a more serious crime and detestable offence than adoption, for the child born of such insemination incorporates in itself the result of adoption - the introduction of an alien element into the lineage in conjunction with the offence of adultery, which is abhorrent both to the divinely revealed laws and to upright human nature. By this action the human being is degraded to the level of an animal, which has no consciousness of the noble bonds of morality and lineage which exist among the members of a human society.


Qualities to look for in a spouse -II


Beauty

Beauty is another important characteristic to be looked for in a spouse. It has a certain role to play since one of the purposes of marriage is to keep both mates from sin.  The best way to achieve this is if there is a strong attraction between the husband and wife. Although this will surely grow over time, initial impressions can in some cases become an obstacle to a successful marriage. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) separated Qays bin Shammaas from his wife in the famous case of Kuhl' (i.e. a woman asking for separation from her husband) and her stated reason was that he was exceedingly displeasing to her.  There are many Ahaadeeth (prophetic statements) that urge the prospective spouse to take a look at the other before undertaking the marriage.  Once, a companion told the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )that he was going to get married. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) asked if he had seen her.  When the man replied in the negative, he  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "Go and look at her, for it is more likely to engender love between the two of you."  [Ahmad & Others]

'Umar bin Al-Khattaab  may  Allaah  be  pleased  with  him once said:  "Do not force your young girls to marry an ugly man, for they also love what you love."

Beauty has its role, but remember that it is way down on the priority list, under piety, character and religion. When a person puts beauty above all else, the results can be disastrous. This is one big reason young people seeking to get married must be helped by more mature family members in making their choice.

Looking at a Prospective Spouse

As we have seen, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) encouraged men considering marriage to a particular woman to get a look at her.  He said in another Hadeeth: "If one of you proposes to a woman and if he is able to look at a part of her that motivates him to marry her, let him do so."  [Abu Daawood & Others]

Note that this Hadeeth does not abrogate the limits of what a woman may expose to non-mahaarim (marriageable relatives). She must continue to be well covered, except for her face and hands, in front of all of them, and the prospective husband, even if he has proposed, is no exception to this. Even then, he is still only permitted to see what anyone else is permitted to see.  The difference is that he is allowed to take a good look - if it were not for the proposal of marriage, both would be required to avert their eyes after the first glance, as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said to 'Ali  may  Allaah  be  pleased  with  him about the look at a non-mahram woman: "The first is for you, the second is against you."

Also, it is clear that the purpose of this look is very specific: to help one determine whether or not they would like to marry that person. Once that has been determined and the decision has been made, it is no longer permissible for them to look at each other. If a man and a woman decide that they want to marry each other, this does not make it permissible for them to continue to see each other. Just the opposite, since the decision has been made there is no longer any need for them to see each other and they are no longer allowed to do so.  This is because until the moment the offer and acceptance of the marriage have been pronounced, there is no relationship of any kind between them and all of the laws regarding alien men and women still apply to them.

Women Looking at a Prospective Husband

The woman also has a right to look at her prospective husband.  Many scholars have stated that women desire the same things that we (men) do. Some have even said that it is even more important for the woman to see the man. This is because the man holds the right of instant and unconditional divorce in case he is displeased with his wife.  It is not so easy for the woman to get out of a marriage and so she must have priority on this issue.

Can a Man be Alone with His 'Fiancée'?

Again, no matter what words, promises, commitments, etc. have passed between the parties, until the marriage contract has been transacted and a man and woman are actually married, there is no relationship at all between them and they are to each other as any other strange man and woman. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) has expressly forbidden for a man and a woman to be alone together. This ruling applies to a 'fiancée' just as much as it applies to any other unrelated man and woman. One Hadeeth that makes this very clearly is: "A man cannot be alone with a woman, except along with a male (non-marriageable) relative (of hers)." [Al-Bukhaari & Muslim]

Touching

Obviously, since those 'engaged' to be married have no legal relationship beyond any other strange man and woman, any form of touching between them is not allowed. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "For one of you to have your head pierced with an iron needle is better for him than to touch a woman who is not permissible for him (to touch)." [At-Tabaraani]

Phone Calls

Muslim scholars have pointed out that it is not proper or acceptable for 'fiancées' to be alone together or to have numerous encounters, telephone conversations or internet 'chats' for the purpose of 'getting to know each other'.  In fact, this is a horrible innovation that has spread among the Muslims. It must always be remembered that until they are married, they are like any other unrelated men and women to each other and their actions must reflect that fact.

This is clearly the result of the similar 'experiment' going on in Western societies over the last few decades:  the more they 'open' these kinds of issues the more disastrous their marriages become. Recently, the success rate of marriages in the United States has dropped below fifty percent (50%).  This is despite the complete freedom of the couples to 'get to know each other' in every way, and for as long as they wish, before marriage. 

Muslims who are heading down this same road need to wake up and take heed.  The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "You will follow the ways of those who came before you foot by foot and yard by yard; (to the extent that) even if they are to descend into a lizard's hole, you will follow them."

The Difference between 'Engagement' and Delaying Consummation

In many Muslim countries, people transact the marriage contract, but agree not to actually begin the marriage until after a certain period of time.  There is nothing wrong with this custom with two conditions:
  1. The time period is not excessively long.
  2. All parties understand that the two are legally married, their agreement to delay being together is not binding and there is nothing wrong if they change their mind and decide to be together before the appointed time.

This is quite different from the imported custom of 'engagement'.  The only parallel to this western custom which many Muslims have adopted is what is called 'Khitbah', which is the time between the beginning of discussions and the acceptance or rejection of the offer.  In short, this has no legal validity of any kind and does not change anything about the relationship between the man and woman. Extending this to very long periods of time or worse, violating the Sharee'ah (Islamic Law) during that time in the ways we have discussed is a horrendous religious innovation (Bid'ah) which has spread among the Muslims.

Tayammum (dry ablution)


Definition
In Arabic, the word Tayammum literally means an 'aim' or 'purpose.' In Islamic Law, it refers to: 'Aiming for or seeking soil to wipe one's face and hands with the intention of purification and preparing oneself to pray, and so on."
Proof of its Legitimacy
This act of ritual cleansing is proven by the Quran, Sunnah (prophetic tradition) and Ijmaa' (consensus of Muslim scholars). The Quran says (what means):"…And if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women [i.e., had sexual intercourse] and find no water, then seek clean earth and wipe over your faces and your hands [with it]. Indeed, Allaah is ever Pardoning and Forgiving." [Quran 4:43]
From the Sunnah, we have the Hadeeth (prophetic statement) related by Abu Umaamah  may  Allaah  be  pleased  with  him in which the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "All of the earth has been made a pure place of prayer for me and my nation. Whenever a person from my nation wants to pray, he has something with which to purify himself, that is, the earth." [Ahmad]
Finally, there is a consensus that Tayammum forms a legitimate part of the Sharee'ah (Islamic Law), as it replaces ablution with water or Ghusl (ritual bathing), under specific circumstances.
A Blessing from Allaah
This form of ablution is viewed as a blessing from Allaah to the Muslims. Jaabir  may  Allaah  be  pleased  with  him related that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "I have been given five things that were not given to anyone before me: I have been made victorious due to fear of a distance of one month's journey; the earth has been made a place of prayer for me and a source of purification - wherever and whenever any member of my nation wants to pray, he may pray; and the war booty has been made lawful to me, and this was not lawful to anyone before me. I have been given permission to intercede. Prophets before me used to be sent to their own people only, but I have been sent to all of mankind." [Al-Bukhaari & Muslim]
When to Make Tayammum
One is permitted to make Tayammum in any of the following cases:
1- If one cannot find water or the amount one finds is insufficient for ablution
'Imraan Ibn Husayn  may  Allaah  be  pleased  with  him said: "We were with the Messenger of Allaah  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) during a journey. When he led the people in prayer, one man stayed apart. He  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) asked him: "What prevented you from praying?" He replied: 'I need a ritual bath (because of having a wet dream) and there is no water.' The Messenger  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: 'Use the soil, for it is sufficient (i.e. Tayammum).''' [Al-Bukhaari & Muslim]
2- If one is injured or ill
If one is in this condition and thinks that using water will worsen it (he does not have to be absolutely sure, but may base his assumption on past experience or what a knowledgeable person has told him), he may perform Tayammum.
Jaabir  may  Allaah  be  pleased  with  him said, "We were on a journey and one of us was injured. Later, he had a wet dream. He asked his companions, 'Can I perform Tayammum?' They said, 'No, not if you have water.' He performed Ghusl, which caused him to die. When news of this came to the Messenger of Allaah  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) he said: "They killed him! May Allaah kill them! Do you not ask if you do not know? The remedy for ignorance is to ask. He could have performed Tayammum and not dropped water on his wound, or wrapped it with something, then wiped over the wrapping, and then washed the rest of his body.""
3- If water is cold enough to physically harm the user
Tayammum is allowed when water is available but is too cold and cannot be heated, or there is no public bathroom available. 'Amr Ibn Al-'Aas  may  Allaah  be  pleased  with  him narrated that he was once participating in a military expedition. He had a wet dream during an extremely cold night, and was afraid that if he performed Ghusl he would die. He prayed the morning (Fajr) prayer with his companions. He then went to the Messenger of Allaah  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) to ask him about this. The Messenger  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )said: "O 'Amr! Did you pray with your companions while you needed a ritual bath?" 'Amr said to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) the verse (which means):"…Do not kill yourselves [or one another]. Indeed, Allaah is to you ever Merciful." [Quran 4:29] The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) smiled at this and did not say anything. [Al-Bukhaari]
4- If water is nearby, but one cannot fetch it due to fear
If one fears for his life, family, wealth, [for example, if an enemy (beast or human) is nearby or if one is a prisoner, and so on], he may perform Tayammum. This is also allowed if there is water but one lacks the proper means to get it, or if one fears some accusation against him if he gets it.
5- If one is saving his water for later use
This could be for dough, cooking, or to remove an impurity that is not pardonable. Imaam Ahmad  may  Allaah  have  mercy  upon  him said: "Many of the Companions performed Tayammum to save their water for drinking." 'Ali  may  Allaah  be  pleased  with  him said: "A man who is travelling and becomes unclean because of sexual intercourse, or a wet dream, can perform Tayammum if he fears he will go thirsty. He should perform Tayammum and not Ghusl." [Ad-Daaraqutni]
6- If one can get water, but fears that the prayer will be over by the time he gets it
He can perform Tayammum and pray, and does not need to repeat his prayer (after he gets water).
The Soil Used for Tayammum
It must be pure soil: this can be sand, stone, gypsum, and so on. Allaah Almighty Says in the Quran (what means): "…Perform Tayammum with pure soil..." [Quran 5:6] and all scholars of the Arabic language agree that 'soil' (in Arabic) is whatever covers the earth, dirt or otherwise.
How to Perform Tayammum
First, one must have the intention to perform ablution and purifying himself, then he mentions Allaah's name, strikes the soil with his hands, and wipes his face and hands up to the wrist, starting with the right hand. Nothing is more authentic and clear than what 'Ammaar  may  Allaah  be  pleased  with  himrelated. He said: "I once became sexually impure and had no water, so I rolled in the dirt and prayed. This was mentioned to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )who said: "This would have been enough for you," and he struck the earth with his hands, blew in them and then wiped his face and hands with them." [Al-Bukhaari & Muslim]
This Hadeeth shows that one strike of the earth is sufficient, and one only wipes the arms to the wrists. It is an act of Sunnah that one who makes Tayammum with dirt should blow into his hands first and not make his face dusty or dirty.
What Tayammum Makes Permissible
After performing Tayammum, one is pure and may perform any of the acts requiring prior ritual purification, such as praying and touching the Quran. He does not have to perform it during the time of prayer, and he may pray as many prayers as he wishes (unless he nullifies it), exactly as it is the case with regular ablution. Abu Tharr  may  Allaah  be  pleased  with  him reported that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "The soil is a purifier for a Muslim, even if he does not find water for ten years. Then, if he finds water, that is, to make ablution, and so on, it becomes incumbent upon him to use it." [Ahmad & At-Tirmithi]
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Source: Fiqh Us-Sunnah, Volume 1
By: Sayyid Saabiq

Rulings on wiping over the socks for purification -II


Question: Is the intention obligatory, meaning that when a person intends to wear socks or shoes, should he have the intention that he will also wipe over them when doing Wudhoo' (ablution)? Likewise, should he have the intention that he is going to wipe over them as a resident or a traveller, or is the intention non obligatory?
Answer: The intention is not obligatory, because the ruling of wiping is concerned only when the need arises and therefore does not require an intention. If a person were to wear a garment, for example, it is not a condition that he has to have the intention that this garment covers his 'Awrah (the parts of the body that must be covered according to Islam) when he prays. So it is not a condition that he has to have the intention that he will wipe over the socks when he wears them. Likewise, he does not have to have an intention as to how long he intends to wipe; rather, if he is travelling, he has a period of three days whether he had the intention for this or not, and if he is resident, he has a period of one day, whether he had the intention for this or not.


Question: What is the journey in which the wiping period of three days and nights becomes permissible?
Answer: The journey in which it becomes permissible to shorten prayers is the journey in which it becomes permissible to wipe over the socks for three days and nights. This is because of the Hadeeth (prophetic narration) of Safwaan Ibn 'Assaal  may  Allaah  be  pleased  with  him who said: “The Messenger of Allaah  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) ordered us to not remove our socks for three days and nights when we were on a journey, unless we were Junub (in ritual impurity), but not after excretion, urination or sleep.”


Therefore, as long as a person is on a journey in which he shortens his prayers, he can wipe over his socks for the period of three days.


Question: When the traveller comes to the end of his journey, or a resident starts a journey and he has already started wiping over his socks, how does he calculate the length of his wiping?
Answer: When a resident wipes over his socks and then starts a journey, he should complete the wiping of a traveller (i.e. three days and nights), from the time when he first wipes over his socks, according to the strongest opinion. If he was travelling and then completes his journey, he should complete the wiping of a resident, which means that he should wash his feet as part of his first Wudhoo' upon returning, and then wear socks and thereafter wipe over them as a resident for the time period that a resident is permitted (i.e., one day). Some jurists have mentioned that if one were to wipe as a resident then start a journey, he should complete the period of wiping as if he were a resident, but the strongest opinion is what we have first mentioned. This is because this person has some time remaining in the period of his wiping before he started on a journey, then he started travelling. So, it is true to say that he is a traveller and therefore, can wipe over the socks for three days, after which he should make Wudhoo' whilst having taken his socks off. After this, he should wipe as a resident does.


Question: A person is doubtful as to when he started wiping over his socks, what should he do?
Answer: In this case, the answer is based upon what is certain, so if he is doubtful if he started wiping for Thuhr (noon) or 'Asr (afternoon) prayers, then he should make 'Asr as his starting period. An evidence for this is that a man complained to the Messenger  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) that he thought he had passed wind during his prayer, so he told him not to leave the prayer until he heard a sound or smelt something.


Question: A person wipes over his socks after the period of wiping has expired and prays, what is the ruling of his prayer?
Answer: If he wipes after the period has expired, whether he is travelling or resident, then his prayer with this purification is invalid, because the Wudhoo' is invalid due to the period of wiping having expired. So, it is obligatory upon him to make a new Wudhoo', washing his feet, and to repeat his prayers that he prayed with that invalid Wudhoo' (for which he wiped over his socks after the period had expired).


Question: If a person removed his socks while in a state of Wudhoo', then he put them on again before his Wudhoo' broke, is it permissible to wipe over them later?
Answer: If he removes his socks and then puts them back on again, while in a state of Wudhoo', then if this Wudhoo' was his first one (i.e. the one in which he washed his feet) and this did not break during the duration of wearing his socks, then there is no problem in putting his socks on and wiping over them again when he makes Wudhoo'. But if this Wudhoo' was one in which he wiped over his socks, then it is not permissible for him to put his socks on and continue wiping over them, because it is necessary for him to wear them when his feet have been washed with water.


Question: So, removing the socks does not invalidate the wiping?
Answer: Removing the socks (in this second case) does not invalidate the state of purity, but it invalidates the wiping, so if one were to put them on again another time and broke his Wudhoo', then it is necessary for him to remove his socks and wash his feet when he performs Wudhoo'. The important point is that it is necessary for him to have put the socks on when he has performed Wudhoo' in which he has washed his feet (in order to wipe over them later on).


Question: A person wipes over his shoes, and then removes them and wipes over his socks, is this wiping correct? Or is it necessary for him to wash the feet?
Answer: There is a difference of opinion over this. Some jurists held the opinion that if one were to wipe over one of the two Khuffs (leather socks), be it the upper or the lower, then the wiping does not move to the second. Some other jurists rule that it is permissible for the wiping to move to the other for as long as the period of wiping remains. So, for example, if one were to wipe over the shoes, then he removed them and wished to make Wudhoo', then he can wipe over his socks, and this is the strongest opinion. Likewise, if he were to wipe over his socks, and then put on another pair, or put on a pair of shoes, then there is no problem in his wiping over the upper layer as long as the period of wiping remains. But the period is calculated from the point of the first wiping, not the second.


Question: Many people ask about the way the wiping should be done and the place of wiping?

Answer: The way of performing the wiping is to pass the hand over the feet from the extremity of the toes to the lowest part of the shin only; meaning that the part of the Khuff that is wiped is the upper part only. the wiping can also be done by passing both hands over both feet simultaneously i.e. the right hand wipes over the right foot and the left hand over the left foot at the same time, as one would wipe the ears. Many people wipe by using both their hands to wipe the right foot, and both their hands to wipe the left foot. This action is unfounded, as far as we know. All that the scholars have said is to wipe the right foot with the right hand, and the left foot with the left hand.


Question: We see people wiping over the upper and lower parts of the Khuffs, so what is the ruling of this wiping and what is the ruling of their prayers?
Answer: Their prayers and Wudhoo' are correct, but they should be informed that wiping over the lower part of the Khuffs is not from the Sunnah (prophetic tradition). Ali Ibn Abu Taalib  may  Allaah  be  pleased  with  him said: “If the religion were according to opinion, then the underside of the Khuffs would have been wiped, but I have seen the Messenger of Allaah  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )(only) wipe over the upper part of the Khuff.”


This indicates that only the upper part of the Khuff is legislated to be wiped.

Answered by: Shaykh Muhammad bin Saalih Al-'Uthaymeen  may  Allaah  have  mercy  upon  him

Rulings on wiping over the socks for purification -III


Question: What is your stance on the saying of Ibn 'Abbaas  may  Allaah  be  pleased  with  him: “The Messenger  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) did not wipe [over his Khuffs (leather socks)] after (the revelation) of Soorah (Quranic chapter) Al- Maa’idah” and that what is related from 'Ali  may  Allaah  be  pleased  with  him preceded this revelation?
Answer: I am not sure if this narration is authentic. I have previously mentioned that 'Ali Ibn Abu Taalib  may  Allaah  be  pleased  with  him was among those who narrated the Hadeeth (narration) of wiping after the death of the Messenger of Allaah  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ). He explained that the Messenger  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) set its time limits, and this indicates that this ruling has been established to exist after the death of the Messenger of Allaah  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) and it is not possible to abrogate anything after the death of the Messenger  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ).
Question: Are the rulings for wiping the same for women as for men? Or is there a difference?
Answer: There is no distinction between men and women in this. It is desired that you learn a basic rule: In principle, whatsoever is established with regards to men is also established with regards to women, and whatsoever is established with regards to the women is also established with regards to men, unless there is evidence which indicates otherwise.
Question: What is the ruling of removing the sock, or part of it, to examine one's feet or to remove a small stone, for example?
Answer: If one puts his hands in his socks (without removing them) then there is no problem in this. If he removes only a small portion then this is alright, but if he removes the majority of the sock then wiping over them in the future becomes invalid.
Question: It has become common amongst the masses to wipe over the socks for the five daily prayers only, then after this they put them on another time (i.e. after washing their feet).
Answer: Yes, this has become common amongst the generality of the people who think that wiping for one day and night means that one wipes only for the five daily prayers, and this is not correct. Rather, the limitation of one day and night means that he can wipe for one day or night, whether it is for five prayers or more. The beginning of the period of wiping starts with the first wiping. So it is possible that the person prays ten (obligatory) prayers with this wiping, or even more. For if he were to make Wudhoo' (ablution) for Fajr on Tuesday, then put his Khuffs on, and his state of purity lasted until he slept on Tuesday night (with his Khuffs on), then he wakes up Wednesday morning for Fajr and wipes over his feet for the first time, then he can continue wiping till the Fajr of Thursday. Hence, in this case he has prayed the Fajr, Thuhr, 'Asr, Maghrib, and 'Ishaa' of Tuesday wearing his Khuffs, and none of these are counted in the period of wiping because they occurred before he wiped over his socks. Then he prayed the Fajr, Thuhr, 'Asr, Maghrib, and 'Ishaa' of Wednesday with wiping. It is even possible that he pray the prayers of Thursday in this manner. So, for example, say he wiped over his socks at 5am on Wednesday morning for Fajr, then he woke up for Fajr Thursday and made Wudhoo' at 4:45am, he can wipe over his socks again in this case. Then, if he were to remain in his state of purity until the 'Ishaa' of Thursday, then he can pray the five prayers of Thursday with that same wiping. Therefore, in this example he has prayed fifteen prayers (without removing his Khuffs).
Question: If a person were to make Wudhoo' and wipe over his Khuffs, then the period of wiping expires and he removes his socks before the 'Asr prayer, for example, can he pray that 'Asr prayer, with his prayer being acceptable, or does his Wudhoo' break upon removing the socks?
Answer: The strongest opinion from the sayings of the scholars, which was adopted by Shaykh Al-Islam Ibn Taymeeyyah and a group of scholars is that the Wudhoo' does not break with the removal of the Khuffs. So if he were to remove his Khuffs while he is in a state of purity in which he had wiped over his socks, then his Wudhoo' does not break. This is because he is in a complete state of purity as required by the dictates of the Sharee'ah (Islamic Law), and it is not possible to break this state of purity except with evidence from the Sharee'ah itself. There is no evidence which states that removing the Khuffs or socks that have been wiped over breaks the Wudhoo'. However, if he were to put the socks on again intending to wipe over them in the future, then this is not allowed as far as I know.
Allaah knows best.


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Answered by: Shaykh Muhammad bin Saalih Al-'Uthaymeen  may  Allaah  have  mercy  upon  him