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Hajj and Umrah

Purification from Najaasah 1

Physical Purity of Man

The majority of scholars considered man as physically pure, whether muslim or kaafir, alive or dead. This is based upon the following aayah:

"And We have certainly honored the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with [definite] preference." [17:70]

Some mentioned a difference between the muslim and kaafir based on:

"O you who have believed, indeed the polytheists are unclean..." [9:28]

However, the others explained this to mean spiritually impure and not bodily impure. It was also said that the ghusl is performed on the deceased to purify them and this is not valid for the kaafir, therefore, their dead are impure. However, the majority view is as was stated, that both muslim and kaafir, living or dead, are physically pure.

How is purification achieved after physical impurity?

If some place/piece of clothing/part of the body touches some impurity, it needs to be purified.

According to the Hanafis

This depends on whether it is visible (that which has taste, smell or colour) or not. If it is visible, there are two ways of purifying:

Wash in flowing water until you can no longer see, smell or taste the impurity. If once is sufficient, that is acceptable. Taste is the most important but it is not always practical to taste. If the colour and smell cannot be easily be removed, as long as the taste is removed, that is also acceptable.
Wash with 3 washes using stagnant water, replacing the water after each wash. It does not matter if the colour, smell and taste have left after a single wash, you must still wash three times.

If it is invisible, it needs to be washed 3 times.

According to the Maalikis

The impurity must be washed off so that there is no remnant of the colour, smell or taste regardless of how many washes that takes. They emphasised the importance of taste even more than the others and said the taste must be removed for purification even if it is difficult.

According to the Shaafi'is

They also divided into visible and invisible. For the visible, they said the same as the Maalikis. For the invisible, simply water flowing through it is enough to purify. It is enough for rain to fall on it.

According to the Hanbalis

Regardless of the type, it needs to be washed seven times. This is an isolated view and is a generalisation of the issue of washing the saliva of the dog off.

Purification of something Najaasah has fallen into

This depends on if the najaasah falls into a solid or liquid. This is based on the following hadith:

"The Prophet sallallahu 'alayhi wa sallam was asked about a mouse that fell into a pot of clarified butter. He said, "Take (the mouse) and what is around it out, and throw it away. Then eat (the rest of) your clarified butter.""

(Bukhari from Maemuna)

In another report, it is reported that the prophet sallallahu 'alayhi wa sallam said "if it is liquid, then do not go near it".

Therefore, in the case of najaasah falling into a solid, only that which is around it needs to be discarded.

In the case of najaasah falling into a liquid, the majority of scholars hold the view that the liquid should be discarded completely.

Some said that the liquid can become pure by boiling.
Contemporary scholars have ruled that in the case of necessity, water that is contaminated can be purified through modern processes and then used.

Issues connected with water specifically

Hanafis and Maalikis mentioned that adding a large amount of water to water that najaasah has fallen into purifies it. Another view is that if it changes by being exposed to the sun and/or the elements and loses any taste/smell/colour from the najaasah, it becomes pure.

The Shaafi' and Hanbali scholars held the view that if the water reaches qullatayn it does not became impure by najaasah falling into it. This is based on the hadith from ibn Umar:

"When the water reaches qullatayn, it does not carry physical impurity (it does not become impure by the addition of najaasah)"

(At Tirmidhi, Abu Dawud, An Nasaai, Ibn Maajah and others)

Qullatayn linguistically means two vessels but there is no set definition of the amount.
There is no agreement of the scholars on the amount of water required to reach this amount, some said 220 litres, others said 190 litres.
The hadith is mudtarib, meaning it is weak. The kind of weakness is not severe but still cannot be used to make a ruling like this.

Thus the conclusion of this is that if najaasah falls in water, it is najis if it's taste, smell or colour change, regardless of the amount. This does not apply to flowing water.

Purification of a smooth surface like a mirror or sword

There are two views:

Shaafi' and Hanbali scholars said it must be washed. They said that this is because it is washing that purifies and some went as far to say that a sword that is only wiped and then used to slaughter an animal impurifies the meat.
The Hanafis and Maalikis said wiping is enough if you fear it will be destroyed by washing. They said this is because the prophet sallallahu 'alayhi wa sallam and the companions would fight in Jihad and have blood on their swords which they would then wipe. After this they would pray with the swords next to them proving to they were no longer najis.
The Hanafis and Maalikis also differentiated between when the najaasah is wet and dry. When it is wet, it is better to wash.

The seond of these is based on stronger evidence.

Purification of clothes and the body from Maniy

Maniy is semen. There are two views in this respect depending on whether it was classified as najis or taahir.

The difference of opinion is based on the following hadith from 'Aaishah and those similar to it:

"I used to scrape maniy from the clothing of the messenger sallallahu 'alayhi wa sallam if it was dry and wash it if it was wet."

and

"I would scrape it from the clothes of the messenger sallallahu 'alayhi wa sallam with my fingernails when dry"

(Muslim)

Hanafis and Maalikis said it is najis and that it mst be washed. The Hanafis added that scrubbing and sprinkling water is sufficient to purify it. They did not differentiate between wet or dry, nor did they differentiate between man and woman.
Shaafi'is and Hanbalis said it is taahir and does not have to be washed.

Purifying the earth from najaasah

If some najis liquid falls onto the earth such as urine, the earth is purified by pouring a lot of water on it based on the following hadith:

"A bedouin came and urinated in the area of the masjid, so the people (got up to) restrain him. Then the prophet sallallahu 'alayhi wa sallam prohibited them from that. So when he finished urinating, the prophet sallallahu 'alayhi wa sallam ordered for a large vessel of water and then threw the water on it (the urine)"

(Bukhari from Anas ibn Maalik)

In the hadith recorded by Muslim, it was reported that the prophet sallallahu 'alayhi wa sallam said to the bedouin:

‘In these mosques it is not right to do anything like urinating or defecating; they are only for remembering Allaah, praying and reading Qur`aan,’ or words to that effect.

The scholars also mentioned that even if rain falls or a stream flows through it, this is like throwing a large amount of water on it and would purify it.

Based on the following hadith, if some dry najaasah is removed by the rays of the sun or the wind, this also purifies it:

"Any part of the earth, when it dries then it is purified"

This is reported by az Zayli and is a gharib hadith (reported by only one chain of narration). This is also some dispute on whether this hadith is authentic. Only the Hanafis took this opinion and all the others disputed with this as the order of the messenger in the hadith in Bukhari and Muslim makes purification by water waajib (compulsory).

Al Istihaala - something becoming halaal through transformation

Examples:

1. When wine ferments into vinegar, the liquid becomes pure and can be drank. However, in this case, purposefully transforming the wine into vinegar is not permissible.

2. The animal that eats najis (known as al jallaalah). The milk and meat of this animal is not permissible based on the following hadith:

"The prophet sallallah 'alayhi wa sallam forbade the milk of al jallaalah"

(At Tirmidhi, Abu Dawud, An Nasaai and Ahmad from ibn Abbaas)

If this animal is moved into a place where it only eats what is taahir, does it become pure?

The Shaafi' and Hanbali scholars said that it does not whilst the Hanafis and Maalikis said it does. The second opinion appears to have a stronger basis in textual evidences, however this is a very complex issue.

3. The skin of dead animals. Does tanning of the skin make the skin from the impure animal pure?

There are two major opinions, however the majority are of the view that tanning purifies the skin and thus it can be worn even if the animal is not slaughtered in the correct manner. This is based on the following hadith:

"The freed slave-girl of Maimuna was given a goat in charity but it died. The Messenger of Allah (may peace be upon him) happened to pass by that (carcass). Upon this be said: Why did you not take off its skin? You could put it to use, after tanning it. They (the Companions) said: It was dead. Upon, this he (the Messenger of Allah) said: Only its eating is prohibited."

(Muslim, Abu Dawud and others from ibn Abbaas)

However, the skin of man-eating animals are not permissible to use or tan.

Further issues

What should one do of some najis gets stuck to his shoes or socks?

In the time of the prophet sallallahu 'alayhi wa sallam, they did not have carpets in the mosque but would pray on the earth with their shoes on. This issue is mentioned in the following hadith:

"When one of you comes to the masjid, he should turn over his shoes and look at what is on it. So if he sees khabath (physical impurity) on it, he should rub it on the earth and then pray in it"

(Ahmad and Ad Daarimi from Abu Sa'eed al Khudri)

Some scholars disputed and said it must be washed. Others said that if it is dry, you can rub it off as long as the khabath is from those animals you eat and as long as it did not come on your shoes/socks intentionally.

What about the najaasah that comes on the jilbaab of women?

The Messenger of Allah sallallahu 'alayhi wa sallam said: “‘On the Day of Judgement, Allah will not look towards the one that trails his garment behind themselves in haughty pride.’ Umm Salamah asked ‘What are the women to do with the hems of their dresses?’ He answered: ‘Let them increase their hems the length of a handspan’ She enquired: ‘Then their feet will be uncovered!’ He then replied ‘Let them increase a fore arm’s length and no more’

(Abu Dawud from ibn Umar)

Thus the woman's garment is at risk of coming into contact with najaasah as it touches the floor. When asked about this, Umm Salamah narrated the following:

I heard the Messenger of Allaah sallallahu 'alayhi wa sallam say: “What comes after it purifies it.”

(At Tirmidhi, ibn Maajah and Ahmad)

The scholars interpreted this to mean that if the najis is dry, the ground purifies it, but if it is wet, it mst be washed. They also mentioned that if a woman is wearing a garment for a reason other than for the purpose of hijaab, then this rule does not apply and any najis must be washed.

 

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