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.

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