Conditions for Masāḥ
02/04/2009
بسم الله الرحمان الرحيم
السلام عليكم و رحمة الله و بركاته
الحمد الله
Last time we talked about wiping over jawraabayn and it has been made abundantly clear that wiping over the jawraabayn is allowed , an outline of the conditions and criteria of what constitutes a jawraab is appropriate:
The Aḥnāf stipulate the following conditions for the jawraab as mentioned in Al-Baḥr ar-Rā’iq:
(1) They should be طاهر and lawful
(2) They must be worn in a state of wudhu’
(3) They should cover both ankles entirely
(4) They should be durable enough that a person can walk wearing them for three miles without them being torn
(5) They should be independently free from holes to the extent of three small toes
(6) They should remain on the leg without it being tied or fastened
(7) They should be such that water is not able to seep through them
Having stated those conditions as the well known position of the Ḥanafī madhab , it is noteworthy to mention that many well-respected scholars within the Ḥanafī madhab disagreed with these conditions due to the lack of proof to support them. Amongst these scholars is the great Ḥanafī jurist, Imām al-Aṣr Muḥammad Anwar Shāh al-Kashmīrī (may لله have mercy upon him). The Aḥnāf called him the Imām of his era and he is frequently quoted in most of the major books of the Aḥnāf after his time. Imām al-Kashmīrī رحمه اللهwas of the opinion in his book Al-ʿArf ash-Shadhdhī Sharḥ Sunan at-Tirmidhī that the specification of 3 miles should not be set within the conditions. He held the opinion that a person should be able to continuously walk without the sock slipping-off, without specifying a distance.
The Shawāfiʿ stipulate the following conditions for the jawraab:
(1) They should be pure and lawful
(2) They must be worn in a state of wudhu’
(3) They should cover both ankles entirely
(4) They should be durable enough that a person can walk wearing them
(5) They should be independently free from holes
(6) The socks should remain on the leg
(7) They should be such that water is not able to seep through them
However, some of the Shāfiʿī scholars disagreed with their madhhab and allowed wiping over the jawraabayn without conditions. Such scholars were of the likes of Imām Yūsuf ibn Ḥusain al-Karkhī رحمه الله. Well-known and reputable scholars of the Shāfiʿī madhhab such as Imām Abū Isḥāq ash-Shirāzī, Imām al-Ghazālī, and Imām an-Nawawī رحمهم الله. all indicate that there is disagreement regarding the condition of the jawraabayn being waterproof within the Shāfiʿī madhhab in the book Al-Muhadhdhab.
The Ḥanabilah stipulate the following conditions for the jawraab:
(1) They should be pure and lawful
(2) They must be worn in a state of wudhu’
(3) They should cover both ankles entirely
(4) They should be durable enough that a person can walk wearing them
(5) The socks should remain on the leg
(6) They should be free from major holes that would expose the skin
Al-Imām Ibn Qudāmah رحمه اللهwrites in his masterpiece on Fiqh, Al-Mughnī Sharḥ Mukhtaṣar al-Khiraqī:
“It is only allowed to wipe over the jawraabayn if two conditions are met: the first is that they are thick to the point that nothing of the foot is visible; the second is that it is possible to walk in them for some length. This is the clear meaning of al-Khiraqī’s words.”
Imām Aḥmad رحمه اللهsaid regarding wiping over the jawraabayn without sandals:
“If he walks on them and they remain upon his feet, then there is nothing wrong with doing so.”
On another occasion, he said:
“He can wipe over them if they remain firm upon his heels.”
Yet another time he said:
“If he can walk in them without their falling down, then there is nothing wrong with his wiping over them. This is because if they fall down, the part (of the foot) that needs to be washed in wudhu’ becomes exposed.”
Imām Abū al-Faraj ʿAbd Ar-Raḥmān (ʿAbdurRaḥmān) ibn Qudāmah رحمه اللهwrites in Ash-Sharḥ al-Kabīr:
“A jawraab is equivalent to the khuff, because it is something worn that covers the area that needs to be washed and is something that can be walked in for some length. As for those who argue that it is not possible to walk at length while wearing a jawraab, we say it is only allowed to wipe over them if they hold their place on their own and it is possible to walk in them at length; otherwise it is not. As for the sheer socks, they do not provide cover.”
Imām at-Taghlabī رحمه اللهwrites in his well-known book of Ḥanbalī Fiqh, which is a commentary of Dalīl aṭ-Ṭālib, that the material does not need to be waterproof.
Hence those scholars who have claimed consensus that one of the conditions of the jawraabayn is that it needs to be waterproof are in plain error. Nor is there consensus that one must walk in them 3 miles, since the Ḥanabilah and others did not stipulate any distance. In-fact, within the Aḥnāf and Shawāfi’ there is not an consensus on these conditions.
Some of the Ḥanabilah stipulated that they be free from any holes, while others like Shaikh al-Islām Ibn Taimīyah and Ibn Qaiyim al-Jauzīyah (may لله have mercy upon them both) disagreed and allowed wiping over the socks with holes.One of the more moderate fatāwā on this issue was recently given by one of the highest authorities amongst the Ḥanabilah, al-Lajnah ad-Dā’imah. This is the senior most committee of scholars from Saʿūdīyah.
They recently issued a fatwā which is mentioned in Fatāwā al-Lajnah ad-Dā’imah regarding the jawraab stating:
“It is allowed to wipe over them instead of washing one’s feet when doing wudhu’ if they were put on when one was in a state of purification . (This is allowed ) Unless the holes are bigger than is ordinarily acceptable, or if the jawraabayn are so thin that the feet would be judged to be naked, because they show the color of the skin beneath them.”
In synopsis, it seems the scholars of the four Madhahib agree upon the following conditions:
(1) They should be purification and lawful
(2) They must be worn in a state of wudhu’
(3) They should cover both ankles entirely
(4) They should be durable enough that a person can walk wearing them
(5) The socks should remain on the leg
(6) They should be free from major holes that would expose the skin
These conditions are agreed upon by the scholars of the four madhahib , yet consensus of the Ummah can not be claimed, since some of the scholars of Islām such as Ibn Ḥazm رحمه اللهand others allowed wiping over thin socks.
بسم الله الرحمان الرحيم
السلام عليكم و رحمة الله و بركاته
الحمد الله
Almost everyone who knows the basic fiqh of Tahaarah knows the permissibility of wiping over ones khuffayn or the two leather socks. But then one might ask, “What about wiping over normal socks, is it permissible of not?” Then to answer this question, we first understand what the ‘ulamaa’ have described khuff and jawraab as.
Imām ash-Shawkānī رحمه الله explains in his famous commentary, Nail al-Awṭār:
“The khuff is the leather sock that covers the ankle bones.”
This is in accordance with what has been mentioned in classical Arabic dictionaries. Two of the best-known and well-respected classical Arabic dictionaries, Tahdhīb al-Lughah and al-Qāmūs al-Muḥīṭ, describe the khuff as:
“That which is made from thin leather which is worn over the foot.”
The ruling on it is clear to everyone which is; that it is permitted to wipe over them thus I shall not be mentioning any proofs for it.
Shaykh Muḥammad Ṣāliḥ ibn ʿUthaymīn رحمه الله explains the meanings of both khuff and jawraab in Fatāwā Fī l-Masḥ ʿAlā l-Khuffayn:
“The meaning of khuff is that which is worn on the foot being made of leather and that which is like it. The meaning of jawraab is that which is worn on the foot being made of cotton and that which is like it; it is what is referred to commonly as shurrāb.”
The famous linguist Abū Bakr ibn al-ʿArabī رحمه الله said:
“Jawraab means a thin cover for the feet made of wool, worn to keep the feet warm.”
Regarding the permissibility of wiping over the jawaarabayn, this is an issue that mandates some discussion. It would seem that all of the ‘ulamaa’ permitted wiping over the jawaarabayn , however they disagreed in regards to the conditions. These conditions will be discussed later, as the opinions of all the four well-known madhahib and other ‘ulamaa’ in regards to the permissibility are now mentioned:
The Ḥanafī Opinion: According to all the classic works of fiqh of the Aḥnāf, wiping over the jawaarabayn is permissible.
Imām al-Kasānī رحمه الله states that wiping over the jawaarabayn is not permissible according to Imām Abū Ḥanīfah رحمه الله; while it is permissible according to Imām Abū Yūsuf and Imām Muḥammad ash-Shaibānī رحمهما الله. Later he mentions that it is narrated that Imām Abū Ḥanīfah رحمه الله changed his opinion during his last days and allowed wiping over the jawaarabayn
This is in-fact a strong narration as it was recorded by Imām at-Tirmidhī رحمه الله, who said:
“I heard Ṣāliḥ ibn Muḥammad رحمه الله say that he heard from Abū Muqattil as-Samarqandī رحمه الله, who said that he visited Abū Ḥanīfah رحمه الله while he was in the illness from which he died. He called for water to be brought; he made wudhu’ while he was wearing jawaarabayn , and he wiped over them. He said: “I have done today something that I forbid before. I wiped over the jawaarabayn and they do not have leather soles.””
This is further clarified by the Ḥanafī ‘alim, Ibn ʿĀbidīn رحمه الله:
“It is related concerning him, Abū Ḥanīfah رحمه الله, that he returned to their position (meaning the position of his students Abū Yūsuf and Muḥammad ash-Shaibānī رحمهما الله, and the fatwā is upon this.”
Hence allowing one to wipe over the jawaarabayn was the final opinion of Imām Abū Ḥanīfah رحمه الله as well as the opinion of both of his major students. According to the Ḥanafī muftī Ibn ʿĀbidīn رحمه الله, this is the most accepted opinion of the Ḥanafī madhhab
Mālikī Opinion: According to Imām Ibn al-Qāsim’s رحمه الله al-Mudauwanah, a classical work of فقه of the Mālikīyah, wiping over the jawaarabayn is permissible
Shāfiʿī Opinion: According to Imām an-Nawawī’s رحمه الله al-Majmūʿ, wiping over the jawaarabayn is permissible and that this is the most accepted position of the Shawāfiʿ; he went as far as to say that if the jawaarabayn were made out of glass while it being possible to walk in them, it would be permissible to wipe over them.
Ḥanbalī Opinion: Wiping over the jawaarabayn is permissible and is clearly the established, well-known, most accepted position of the Ḥanabilah.
The famous Ḥanbalī jurist Imām al-Khiraqī رحمه الله, writes in his Mukhtaṣar:
“Nothing can be wiped over except the خف and what serves the same purpose: like the maqṭūʿān (short leather socks) that come above the ankles and likewise the jawraabayn that are thick and do not fall down when they are walked in.”
Imām Bahā’ ad-Dīn al-Maqdisī رحمه الله explains that it is not necessary that they be made of leather. He quotes Imām Aḥmad رحمه الله in Al-ʿUddah Sharḥ al-ʿUmdah to have said:
“Wiping over the jawraabayn is related from seven or eight of the صحابة رضي الله عنهم of Rasul Allah صلى الله عليه و سلم”
Hence we see the ijmaa’of all four of the well-known madhahib on this issue. As for the proof, then he hadith in Sunan at-Tirmidhī:
Al-Mughīrah ibn Shuʿbah (may لله be pleased with him) reported that the Rasul Allah (SAWS): “made wudhu’and wiped over his jawraabayn and naʿlain (sandals).”
Imām at-Tirmidhī رحمه الله said in regards to this hadith:
“It is hasan sahih , and this is the position of more than one of the people of knowledge; and it is adopted by Sufyān ath-Thaurī, Ibn al-Mubārak, ash-Shāfiʿī, Aḥmad, and Isḥāq رحمهم الله, who all said: “One may wipe over the jawraabayn even if not wearing sandals, provided they are thick.”
Other Mauqūf ahadith reporting wiping over the jawraabayn are narrated from the following list of Sahabah رضي الله عنهم:
(1) ʿAlī ibn Abī Ṭālib
(2) Ibn Masʿūd
(3) al-Barā’ ibn ʿĀzib
(4) Anas ibn Mālik
(5) Abū Umāmah
(6) Sahl ibn Saʿd
(7)ʿAmr ibn Ḥuraith
(8) ʿUmar ibn al-Khaṭṭāb
(9) Ibn ʿAbbās
Imām ash-Shaukānī رحمه الله has related these in Nail al-Awṭār.
Imām Ibn Saiyid an-Nās رحمه الله continues the list in his Sharḥ al-Tirmidhi:
(10) ʿAbd لله (ʿAbdullāh) ibn ʿUmar
(11) Saʿd ibn Abī Waqqāṣ
(12) Abū Masʿūd al-Badrī
(13) ʿUqbah ibn ʿUmar
Yaḥyā al-Bakkā’ رحمه الله narrates that he heard Ibn ʿUmar (may لله be pleased with him) saying:
“Wiping over the jawraabayn is like wiping over the khuffayn.”
Ibn Ḥazm رحمه الله said in Al-Muḥallah:
“Wiping over anything that is worn on the feet – of things that are جائز to be worn and which come up above the ankles – is Sunnah ; whether they are khuffayn made of leather, felt, or wood; or if they are jawraabayn made of linen, wool, cotton, camel hair, or goat hair – whether leather is worn over them or not, or whether they are overshoes or slippers worn over slippers or socks worn over socks.”
Ibn al-Mundhir رحمه الله made a very valuable point when he said:
“Wiping over the jawraabayn is narrated from nine different Sahabah رضي الله عنهم, and there was none known to oppose them.”
الشريعة الاسلامية 