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Hajj and Umrah

Purification from Najaasah 2 - urine, wine,

Purification of the urine of children on clothes, etc.

There are two issues here, the gender of the child and the feed the child is taking.

Gender

Hanafi and Maaliki scholars held the view that the urine of the child must be washed off regardless of gender. They base this on the following hadith:

"Refrain from urine as surely the majority of the punishment of the grave is because of it"

(Ad Daaraqutni from Abu Hurayrah)

Based on the generality of the statement, they said it does not matter whether old or young, male or female, the urine must be washed.

However, this hadith has some weakness and it is well known that you can have a general hadith and a specific one. For example, we know that all the earth is a masjid (one can pray anywhere), however in specific narration, particular places have been prohibtied for us, such as the graveyard.

The Shaafi' and Hanbali scholars differentiate between the boy and girl that are drinking their mother's milk. The urine of the boy only needs water to be sprinkled over based on the following two hadith:

"(That the son of umm Qays) urinated in the lap of the messenger of Allah sallallahu 'alayhi wa sallam. So he called for some water and then sprinkled it on his clothes and he did not wash it."

(Bukhari and Muslim from umm Qays)

"That the messenger of Allah sallallahu 'alayhi wa sallam said regarding the urine of the breastfed boy: "sprinkle on the urine of the boy and wash the urine of the girl""

(At Tirmidhi, ibn Maajah and Ahmad from 'Ali)

Some scholars tried to rationalise this difference but we do not know of any reason and we just accept the hadith as it is.

Feed

With regards to the view that the boy's urine only needs to be washed, the scholars distinguished between the boy that is breastfed and the boy that is weaning/eating.

The Hanbalis said that when the boy eats the food and desires for it, his urine should be washed off. The shaafi' scholars hold a similar view.

Purification of vessels from wine

The vessel needs to be purified by washing. This is agreed upon by almost all the scholars. However, they differ upon the method of washing.

The Hanafi scholars said the vessel should be washed three times. If the smell remains after that, you should not put any liquid in it until the smell has left.
The Shaafi' scholars said washing it three times is recommended but once is sufficient as long as the taste, smell and colour leave the vessel. They based their recommendation on the following hadith:

"When one of you wakes up from sleep, he should not dip his hand in any vessel until he has washed it three times as he does not know where his hand has been."

(Muslim Abu Dawud and Ahmad from Abu Hurayrah)

The Maaliki scholars have two statements in this: 1. That it should be washed and even after that, if it smells, it can still be used. 2. If the wine fermented into vinegar or went bad, then it is pure then it can be used.
The Hanbali scholars had similar views.

Purification of the clothes and vessels of the kuffaar (disbelievers)

The main principle here is that all things of use are pure unless it is proven impure.

This is based on hadith like that regarding the delegation of thaqeef or najraan. They were allowed to stay in the masjid suggesting that they are not najis in the physical sense.

"O you who have believed, indeed the polytheists are unclean, so let them not approach al-Masjid al-Haram after this, their [final] year. And if you fear privation, Allah will enrich you from His bounty if He wills. Indeed, Allah is Knowing and Wise." [9:28]

The word 'innamaa' is used in this verse which actually means 'only'. Therefore the meaning is that the polytheists are only unclean. This aayah is reconciled with the actions of the prophet sallallahu 'alayhi wa sallam by interpreting the najaasah here in relation to tahaarat-ul-qalb bit-tawhid, purification of the heart by tawhid.

To understand this, one must understand the categories of tahaarah. There are two categories, tahaarat-ul-qalb (purification of the heart) and tahaarat-ul-jism (purification of the body).

There are two types of tahaarat-ul-qalb, purification by tawhid (purification from shirk) and purification by 'amal ul jawaarih (purification from sinful statements and actions).
There are also two types of tahaarat-ul-jism, ritual purification and physical purification.

This is relevant in the following aayah:

"...Truly, Allah loves those who turn unto Him in repentance and loves those who purify themselves." [2:222]

The repentance in this aayah refers to tahaarat-ul-qalb whilst the purification in this aayah refers to tahaarat-ul-jism.

Therefore, the polytheists are najis in the sense that their hearts, statements and actions are impure but they are not impure in the physical sense and thus they could be allowed to stay in the masjid.

Hanafi scholars ruled that their vessels and clothes are taahir and can be used based on this unless there is some apparent impurity on them.
The Shaafi' scholars considered the usage of the clothes and vessels of the kuffaar makruh (disliked) even though the items are pure based on the following hadith:

"Do not eat from their vessels (people of the book) unless you do not find anything else. If you do not find anything else, than wash them and eat from them"

(Bukhari and At Tirmidhi from Abu Tha'labah)

They explained this by saying that this is because the kuffaar do not refrain from an najaasah (in their food and drink).

The Maaliki scholars said the same as the Hanafi scholars. They said you can use the items unless you are certain of some impurity on them. If they do, you wash them just like any other item that has najaasah on it.
The Hanbali scholars said the same.

What about those other than the people of the book?

The majority considered there to be no difference between the people of the book and others based on the principle that the items are pure unless it is proven that there is najaasah on them. They based this on a narration where the messenger sallallahu 'alayhi wa sallam and his companions made wudhu and drank the water from a vessel owned by a polytheist woman.

Further Issues

Dyeing with something that is najis

If the dye is prepared from something that is najis, can the dyed item be purified?

The scholars agree that such an item can be purifie by washing. Again there are differences over the method of washing:

The Hanafi scholars said it should be washed until the water flowing off it is clean. After that, it should be washed three more times.
The Maaliki scholars said it must be washed until the taste/affects of the najaasah leaves. They prioritised the taste and said if the smell or colour remains, that does not matter.
The Shaafi' scholars said that it should be washed until the difference between the weight before dyeing and after dyeing should be removed. For example, if a shirt weighed 0.5kg before dyeing, and 0.6kg after dyeing, it must be washed until it returns to the weight of 0.5kg. This is practically very difficult.

Generally, if some affect remains, this can be ignored as long as it is properly washed based on what was previously mentioned as well as the following weak narration:

That Khawlah bint Yasaar asked the messenger of Allah sallallahu 'alayhi wa sallam about the mentrual blood after washing: "And what about if its affects do not leave?" He said: "Water is sufficient for you and you will not be harmed by it's affects"

(Ahmad from Abu Hurayrah)

The ash of some najis that has been burnt

Can the ash that is left after being something najis like the excretement of the dog or pig be used?

The scholars said that whatever is burnt is pure. This is the view of the majority.

Materials that absorb some of what touches it that have absorbed some najis

If meat is cooked in something that is najis, can it be purified?

Hanafi scholars excluding Abu Yusuf and the Hanbali scholars said it can never be purified.
Maaliki scholars said that if the najis is used in the cooking, then it cannot be purified but if some najis fell in after cooking, then it can be purified by washing.
Shaafi' scholars said that it can be purified by washing and then squeezing the meat or by boiling in clean water.

If a clay pot that has not been glazed is used to cook something that is najis, can it be purified?

Maaliki, Hanbali and some of the Hanafi scholars said it is not pure and cannot be purified.
Other Hanafi scholars said it can be purified by boiling something in it three times.
Others said it can be purified by washing and then drying three times.

If dough is made with water that is najis, can that be purified?

Some scholars said that if it is washed with a large amount of water, such that all the water in it is replaced, than it becomes pure.

 

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