الاختيارات الفقهية لابن باز رحمه الله | الحلقة (5)

0:00 In the name of Allah, the Most Gracious, the Most Merciful.

0:03 The Senior Scholars Project in Kuwait is pleased,

0:07 in cooperation with the Foundation of Sheikh Abdul-Aziz Ibn Baz,

0:12 may Allah have mercy on him, to present to you

0:16 "The Juristic Choices in Issues of Acts of Worship and Transactions"

0:26 from the fatwas of His Eminence, the leading scholar, Imam Abdul-Aziz Ibn Abdullah Ibn Baz,

0:33 may Allah have mercy on him,

0:35 compiled and arranged by Sheikh Khalid Ibn Sa'ud Ibn 'Amir Al-'Ajmi.

0:43 The Book of Purification.

0:46 Chapter: The Obligatory Elements, Sunnah Acts, and Description of Wudu.

0:53 The leading scholar, Imam Ibn Baz, may Allah have mercy on him, said:

0:57 It has been authentically established from the Prophet, peace and blessings of Allah be upon him,

1:00 evidence indicating that at the beginning of wudu, he would wash his hands thrice along with forming the intention for wudu.

1:08 It is prescribed for the person performing wudu to mention the name of Allah at the beginning of wudu.

1:13 Whoever omits the Basmalah in wudu out of forgetfulness or ignorance, his wudu is valid,

1:19 and he is not required to repeat it,

1:21 even if we were to adopt the view that the Basmalah is obligatory,

1:23 because he is excused on grounds of ignorance and forgetfulness.

1:27 The proof for this is the saying of Allah the Exalted:

1:30 “Allah tasketh not a soul beyond its scope. For it (is only) that which it hath earned, and against it (only) that which it hath deserved. Our Lord! Condemn us not if we forget, or miss the mark! Our Lord! Lay not on us such a burden as thou didst lay on those before us! Our Lord! Impose not on us that which we have not the strength to bear! Pardon us, absolve us and have mercy on us, Thou, our Protector, and give us victory over the disbelieving folk.” (2:286)

1:35 And it has been authentically reported from the Prophet, peace be upon him,

1:39 that Allah, Glorified be He, has answered this supplication.

1:43 Whoever deliberately omits the Basmalah during wudu,

1:46 while knowing the legal ruling,

1:49 ought to repeat the wudu as a precaution and to avoid scholarly disagreement.

1:54 The hadith: "There is no wudu for the one who does not mention the name of Allah over it"

1:58 is a hadith with multiple transmission chains, all of which contain some weakness;

2:01 however, their sum total indicates that it has a sound basis and is Hasan (good).

2:07 Whoever forgets the Basmalah at the beginning of wudu

2:10 and then remembers it during it,

2:12 should utter the Basmalah and does not need to repeat the wudu,

2:16 because he is excused due to forgetfulness.

2:19 One may perform wudu in the bathroom without objection,

2:22 and praise be to Allah,

2:23 and he should mention the name of Allah at the beginning of wudu

2:26 because he is in a state of necessity;

2:27 for this reason, the dislike ceases in the presence of need.

2:31 The Basmalah may be recited aloud or silently;

2:34 both are the same,

2:35 so long as it is pronounced.

2:38 The Sunnah, upon finishing wudu,

2:40 is to recite the Shahadah outside the bathroom,

2:43 because there is no necessity

2:45 to utter the Shahadah inside the bathroom.

2:48 The Prophet, peace and blessings of Allah be upon him,

2:51 performed wudu washing each limb once,

2:53 twice,

2:55 and thrice.

2:57 At times, he would wash some of his limbs twice

3:00 and others thrice;

3:02 this indicates that there is flexibility in the matter,

3:05 and praise be to Allah.

3:07 However, washing thrice is superior.

3:10 Repetition is a recommended Sunnah,

3:13 whereas doing so once is the obligation.

3:16 His statement, peace be upon him:

3:19 "Whoever exceeds this has done evil, transgressed, and wronged,"

3:22 was recorded by Abu Dawud, At-Tirmidhi, and others,

3:26 and its chain of transmission is authentic.

3:28 This indicates that

3:30 exceeding three times is never permissible;

3:34 this is not permissible,

3:35 or it is severely disliked.

3:39 The saying of Allah the Exalted in the verse of wudu:

3:41 "to the elbows"

3:43 means including the elbows,

3:45 as shown by the practice of the Prophet, peace be upon him,

3:50 and His saying:

3:51 "and your feet to the ankles"

3:54 means including the ankles;

3:56 thus, both the ankle and the elbow must be washed.

4:00 What is prescribed is taking a single handful of water for both rinsing the mouth and sniffing water into the nose together,

4:05 repeating that thrice, just as the Prophet, peace be upon him, did.

4:11 Yet if one separates them, using one handful for the mouth and another for the nose,

4:15 there is no harm in that.

4:16 It is not required to insert one's finger into the mouth when rinsing it;

4:21 if one takes water into the mouth and swishes it around, it suffices.

4:26 It is obligatory upon the one performing wudu

4:28 to wipe the entire head along with the ears.

4:32 One wipes over the hair of the head

4:34 even if there are oils on it,

4:36 and there is no harm in doing so.

4:37 The wives of the Prophet, peace be upon him,

4:41 used to wipe over the styled hair on their heads.

4:46 The method of wiping the head

4:48 is to wipe with both hands, moving them backward and forward:

4:51 starting from the front to the nape of the neck,

4:54 and then bringing them back to the front.

4:56 This is the optimal way.

4:58 But if one wipes in a different manner—

5:01 such as wiping with the right hand or the left hand and covering the whole head,

5:05 or with both hands starting from the middle of the head and covering it all—

5:08 none of that impairs the wudu, and it is sufficient.

5:12 If you are swimming in the sea,

5:14 there is no harm in performing wudu while you are in the sea,

5:18 provided you observe the proper order and succession:

5:21 you start with your face,

5:22 then your right arm followed by the left,

5:25 then you wipe your head and ears,

5:28 and then you move your feet with the intention of wudu,

5:31 the right then the left.

5:34 It is prescribed for the one who performs wudu to pray two rak'ahs,

5:37 which are called the Sunnah of wudu.

5:40 If one prays the regular confirmed Sunnah (rawatib) after wudu,

5:43 it suffices instead of the Sunnah of wudu.

5:46 It is sufficient to run water over a thick beard,

5:49 but running one's wet fingers through it is superior.

5:52 The Prophet, peace be upon him, did

5:55 both of these.

5:57 If one runs his fingers through it and rubs it, that is superior.

6:01 However, if the beard is sparse and does not conceal the skin,

6:05 then one must wash the skin along with the hair.

6:08 Covering the 'awrah is not a condition for the validity of wudu.

6:13 Wiping the neck is neither recommended nor prescribed.

6:17 Whoever forgets to wipe his head and washes his feet,

6:20 and then remembers before a long interval has passed,

6:23 must wipe his head and ears

6:26 and then wash his feet again.

6:29 Whoever forgets to wash one of the limbs of wudu

6:32 must repeat the wudu,

6:34 and repeat the prayer if it was an obligatory one,

6:37 because he prayed without valid wudu.

6:40 Pronouncing the intention verbally for prayer and wudu is an innovation,

6:45 because it was not transmitted from the Prophet, peace be upon him,

6:48 nor from his Companions;

6:50 hence, it is obligatory to abandon it.

6:52 Wudu is obligatory for prayer, touching the Mus-haf,

6:56 or performing Tawaf if one is in Makkah.

6:59 As for someone who has incurred minor ritual impurity

7:02 and does not intend to pray,

7:04 he is not obliged to perform wudu;

7:06 rather, when the prayer becomes due, he performs wudu.

7:10 The person unable to use water

7:12 has the same ruling as the one who finds no water.

7:16 It was the prevailing practice of the Prophet, peace be upon him,

7:19 that he would perform wudu for every prayer;

7:22 then using the tooth-stick (siwak) was legislated for him,

7:24 so he would pray two prayers with a single wudu.

7:28 On the Day of the Conquest of Makkah,

7:29 he prayed several prayers with a single wudu.

7:33 Umar asked him about that,

7:35 and he replied: "I did it deliberately,"

7:38 so that the people would know there is no harm in combining prayers with a single wudu.

7:44 He used to combine two prayers with a single wudu

7:48 during his travels, peace and blessings of Allah be upon him,

7:51 as well as at other times.

7:53 Wiping the ears during wudu is indispensable;

7:56 it is an obligatory duty alongside wiping the head.

7:59 A woman wipes her entire head,

8:02 from the front of the hair to the back edge of the hairline;

8:05 as for the hanging braids, they are not to be wiped.

8:09 There is no harm in performing wudu before the prayer time enters,

8:13 such as performing wudu for 'Asr

8:14 and praying Maghrib with it.

8:17 If one performs wudu for a supererogatory prayer

8:20 and then prays an obligatory prayer with that wudu,

8:23 there is no harm in doing so.

8:25 There is no need to remove dentures during wudu.

8:31 The sick person has several cases regarding purification:

8:35 First:

8:36 If his illness is minor,

8:38 such that using water does not cause him to fear death, serious illness,

8:44 delayed recovery, increased pain, or any severe harm—

8:49 such as a headache, toothache, and the like—

8:53 or if he is capable of using warm water without harm,

8:58 then it is not permissible for him to perform tayammum,

9:01 because tayammum is permitted to ward off harm,

9:04 and he suffers no harm;

9:05 moreover, he has access to water,

9:08 so he is obligated to use it.

9:10 Second:

9:12 If he has an illness where he fears loss of life or loss of a limb,

9:17 or the onset of an illness where loss of life or a limb is feared,

9:22 or the loss of a bodily function,

9:24 then it is permissible for him to perform tayammum,

9:26 due to the saying of Allah the Exalted:

9:28 "And do not kill yourselves."

9:31 “O ye who believe! Squander not your wealth among yourselves in vanity, except it be a trade by mutual consent, and kill not one another. Lo! Allah is ever Merciful unto you.” (4:29)

9:35 Third:

9:36 If he has an illness that leaves him unable to move,

9:40 and he finds no one to hand him water,

9:43 it is permissible for him to perform tayammum.

9:45 Fourth:

9:46 One who has wounds, sores, or a fracture,

9:49 or an illness wherein using water would harm him,

9:52 and incurs major ritual impurity (janabah),

9:54 is permitted to perform tayammum based on the aforementioned evidence;

9:57 however, if he is able to wash the healthy parts of his body,

10:00 he must do so

10:02 and perform tayammum for the remainder.

10:05 Fifth:

10:06 If the sick person is in a place where he finds neither water nor clean earth,

10:11 nor anyone to bring him either of them,

10:14 he prays according to his condition,

10:17 and he may not delay the prayer,

10:19 due to the saying of Allah, Glorified be He:

10:21 “So keep your duty to Allah as best ye can, and listen, and obey, and spend; that is better for your souls. And whoso is saved from his own greed, such are the successful.” (64:16)

10:25 Sixth:

10:26 The sick person afflicted with continuous urinary incontinence,

10:29 continuous bleeding, or constant passing of wind,

10:32 and is not cured despite medical treatment,

10:34 He must perform ablution for every prayer after its designated time begins,

10:39 and wash off whatever touches his body and clothing,

10:42 or designate a clean garment specifically for prayer

10:44 if that is feasible for him,

10:46 in accordance with the saying of Allah Almighty,

10:48 “And strive for Allah with the endeavour which is His right. He hath chosen you and hath not laid upon you in religion any hardship; the faith of your father Abraham (is yours). He hath named you Muslims of old time and in this (Scripture), that the messenger may be a witness against you, and that ye may be witnesses against mankind. So establish worship, pay the poor-due, and hold fast to Allah. He is your Protecting friend. A blessed Patron and a blessed Helper!” (22:78)

10:52 and His saying,

10:53 “The month of Ramadan in which was revealed the Qur'an, a guidance for mankind, and clear proofs of the guidance, and the Criterion (of right and wrong). And whosoever of you is present, let him fast the month, and whosoever of you is sick or on a journey, (let him fast the same) number of other days. Allah desireth for you ease; He desireth not hardship for you; and (He desireth) that ye should complete the period, and that ye should magnify Allah for having guided you, and that peradventure ye may be thankful.” (2:185)

10:55 “The month of Ramadan in which was revealed the Qur'an, a guidance for mankind, and clear proofs of the guidance, and the Criterion (of right and wrong). And whosoever of you is present, let him fast the month, and whosoever of you is sick or on a journey, (let him fast the same) number of other days. Allah desireth for you ease; He desireth not hardship for you; and (He desireth) that ye should complete the period, and that ye should magnify Allah for having guided you, and that peradventure ye may be thankful.” (2:185)

10:57 and according to the saying of the Prophet, peace and blessings of Allah be upon him:

11:00 "Whenever I command you to do something,

11:02 fulfill as much of it as you can."

11:05 Furthermore, he should take proper precautions for himself

11:07 to prevent the spread of urine or blood

11:09 onto his clothing or his body,

11:11 or onto the place of his prayer.

11:13 Tayammum (dry ablution) is invalidated by everything that invalidates standard wudu,

11:17 as well as by gaining the ability to use water,

11:19 or finding it if it was previously unavailable.

11:22 And Allah is the grantor of success.

11:25 Whoever has had some of his limbs of wudu amputated

11:28 must wash his remaining limbs;

11:31 as for the amputated part,

11:32 he is under no obligation regarding it.

11:35 If the person making wudu is in a place other than a restroom,

11:40 he may greet others with salam and return their greetings,

11:43 and he may answer questions while at the place of ablution,

11:46 so long as it is not an actual restroom,

11:49 and he may repeat the words of the call to prayer along with the mu'adhin.

11:52 If someone prays on usurped land,

11:54 or performs wudu with usurped water,

11:57 or prays in a usurped garment,

11:59 his prayer is valid, though he bears the sin.

12:02 This is the weightier and most correct opinion.

12:04 And the fiqh maxim states:

12:05 Whatever prohibition is general and not specific to the prayer itself

12:09 does not render the prayer invalid.

12:11 Ablution is only valid if performed in the proper sequence;

12:15 therefore, any prayer you offered with an out-of-order ablution

12:19 you must repeat if you can identify it precisely.

12:22 Otherwise, based on probability and careful estimation,

12:25 repeat the prayers you think you performed with that faulty ablution,

12:30 along with repentance and seeking Allah's forgiveness.

12:32 If one interrupts the ablution for a brief interval by customary standards,

12:36 while the washed limbs remain wet and have not dried,

12:39 it causes no harm.

12:41 But if the interruption is prolonged,

12:43 such that the next limb is not washed until the preceding one has dried,

12:47 one must restart the ablution from the very beginning.

12:49 If a woman wraps her hair tightly around her head

12:53 so that it sits like a skullcap,

12:56 she must undo it

12:58 in order to wipe the head properly over the hair roots,

13:01 from the start of the hairline to its end.

13:04 There is no harm if a woman wipes over her head

13:07 while hair clips or pins are fastened in it.

13:11 There is no prescribed supplication during the actions of wudu;

13:15 rather, what is prescribed is to pronounce the Basmalah at its beginning,

13:18 and then the testimony of faith (Tashahhud) at its end.

13:21 The addition of "O Allah, make me of those who constantly repent,

13:24 and make me of those who keep themselves pure"

13:26 is an authentic addition.

13:30 There is no harm or blame in drying off the water after wudu.

13:35 As for the ablution of a disabled person with assistance,

13:37 he may ask another person to perform wudu for him;

13:40 the assistant washes his face, his arms, and so forth.

13:43 If the use of water is too difficult for him,

13:46 the assistant performs tayammum for him,

13:47 wiping his face with clean earth

13:49 and wiping his hands with clean earth,

13:51 while the intention is made by the disabled person.

13:52 The disabled person forms the intention while the assistant carries out the physical action;

13:56 the intention comes from the disabled person,

13:58 and the physical execution comes from the helper.

14:00 This is what is obligatory.

14:02 Inhaling water into the nose and rinsing the mouth

14:04 are both indispensable parts of washing the face;

14:07 for washing the face is not properly valid

14:08 without rinsing the mouth and inhaling water into the nose,

14:11 even if done only once.

14:13 Thus, whoever omits inhaling water or rinsing the mouth,

14:16 his ablution is invalid,

14:18 and he must restart it from the very beginning.

14:21 Juristic Preferences in Fiqh.

الاختيارات الفقهية لابن باز رحمه الله | الحلقة (5) | باب الوضوء

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