Impure Substances (Najasat)

Madhy, Wady, and Many

Posted by on Apr 1, 2011 in Featured, Impure Substances (Najasat), Taharah | 1 comment

Question:

As salamu alaykum,

What liquids coming from the male penis are najas? What is the definition of madiy, wadiy, maniy?

 

Answer:

wa alaykum salam wa rahmatuLlah,

Impure liquids that may exit from the male penis are:

1. Urine.

2. Madhy.

3. Wady.

 

1) Urine

In al-Muhadhdhab, Imam Abu Ishaq stated,

“Urine is impure…”

The legal basis for its impurity rests is the hadith related by Ibn ‘Abbas (radhi Allahu ‘anhu) in which the Nabi (salla Allahu ‘alaihe wa sallam) passed by two graves and said, “Verily they are being punished, but not for something (they considered to be) major. As for one of them, he never would rid himself of urine whilst the other used to spread slanderous rumors.” (Bukhari and Muslim)

As well as, the hadith related by Anas (radhi Allahu ‘anhu) in which a desert Arab urinated in the corner of the masjid and the Nabi (salla Allahu ‘alaihe wa sallam) ordered for a bucket of water to be brought and poured over the urine. (Bukhari and Muslim) (See: al-Majmu’ Sharh al-Muhadhdhab 2/567)

In al-Majmu’, Imam al-Nawawi explained that urine is of four types:

1.     The urine of a grown up human.

2.     The urine of a baby boy who was fed nothing (other than milk).

3.     The urine of edible animals.

4.     The urine of inedible animals.

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Using Impure Soap to Remove Dirt and Filth

Posted by on Mar 26, 2011 in Featured, Impure Substances (Najasat), Taharah | 0 comments

Question:

As salamu alaykum,

Is it permissible to use impure soap?

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

Sh. Muhammad b. ‘Abd al-Rahman al-Ahdal related that one may use soap made from an impure substance to remove dirt or other filth. After using it, what it contacted must be purified. (‘Umdat al-Mufti wa al-Mustafti v. 1, p. 32)

Also, he related from Ibn Hajar that when one is uncertain about the nature of an impurity – be it najasah mughallazah [heavy impurity], najasah mutawassitah [a common impurity], or najasah mukhaffafah [light impurity] – then one should consider it mutawassitah. Therefore, if one has soap that is made from impure animal fat, for example, while being uncertain of its exact source, then he may use such soap to hygienically clean what he needs to. Following that, whatever the soap contacted should be purified, as is done for mutawassitah.

Amongst the muta’akhirin, there is a difference of opinion on a detail pertaining to purifying when using soap. Tablawi mentioned that if something is affected by an impurity, and one washes it with soap until the impurity is removed, then it is pure even if the soap’s scent remains. Differing with the view, Ramli maintained that it is not pure until one washes away the soap’s scent.  (Sayyid Muhammad al-Jurdani, Fath al-‘Allam v. 1, pg. 345)

This difference does not apply here, because the impurity is actually the soap itself. Therefore, traces of the impure soap, like its scent, must be washed away. Regarding removing the traces of impurities, Khatib commented on Imam Nawawi,

وجب بعد زوال عينها إزالة الطعم وإن عسر لأن بقاءه يدل على بقاء العين ووجب محاولة إزالة غيره ولا يضر بقاء لون كلوم الدم أو ريح كرائحة الخمر عسر زواله فيطهر للمشقة بخلاف ما إذا سهل فيضر بقاؤه لدلالة ذلك على بقاء العين … فإن بقيا معا ضرا

“After removing the impure substance, it is necessary to remove its taste, even when doing so is difficult. This is for the reason that, its taste indicates that traces of the impure substance remain. And it is necessary to attempt to remove the other traces. There is no harm with some color remaining, like the color of blood. Or with some smell remaining, like the smell of wine. When removing them is difficult, then it is considered pure on account of the difficulty. On the contrary, when removing it is easy, then anything remaining is unacceptable. This is because it indicates that some of the substance remains … when both remain, that is unacceptable.” (Mughni al-Muhtaj v. 1, p. 242)

 

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

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Alcohol Denat

Posted by on Mar 19, 2011 in Featured, Impure Substances (Najasat), Taharah | 8 comments

Question:

As salamu alaikum. Is alcohol denat halal or haram?

Answer:

Wa alaykum salam wa rahmatuLlahi wa bakaratuHu,

All praise is to Allah. And, prayers and salutations are on the Prophet Muhammad.

What is Alcohol Denat?

“Alcohol denat” or denatured alcohol is ethanol mixed with additives to form an inconsumable mixture. Furthermore, it is a common ingredient in many hygienic and cleaning items, like toothpaste, window cleaner, deodorant, etc. Alcohol denat is not manufactured for an unlawful use. In fact, its many uses are a benefit and advantage to people.

An Opinion on the Purity of Alcohol Manufactured for a Lawful Reason

The reason behind producing alcohol has caused a difference of opinion amongst scholars regarding whether or not it is physically impure. There is a differentiation related pertaining to alcohol [khamr] made for the manufacture of vinegar. This type of alcohol [muhtaramah] would be considered as pure.

The purity of alcohol produced to make vinegar is not a strong view; it is related as a wajh shadhdh. (Rawdat al-Talibin 1/122, Tanqih 1/142, Wasit 1/141) A weak opinion, on the authority of Sh. Abu Ali al-Sinji, that it is permissible to buy and sell khamr muhtaramah is related. His view is based on it being considered pure. (Sharh al-Muhadhdhab 2/595) The official view of the Madhhab shall be discussed below.

An Opinion on the Purity of Alcohol

According to some authorities alcohol is pure. This is transmitted by Qadi Abu al-Tayyib and others from Imam Malik’s teacher Rabiah, and also from Imam Dawud al-Zahiri. (Sharh al-Muhadhdhab 2/563) This view has also been attributed to Imam Muzani. (Hashiyat Amirah 1/69-70) This view is also given consideration by Sh. Muhammad al-Shatiri in his commentary on al-Yaqut al-Nafis.

The Shafi School’s Ruling on Alcohol’s Purity

In the Shafi School, every liquid intoxicant is impure. (Tuhfat al-Muhtaj 1/288) Imam Nawawi mentioned, “impurities are: every liquid intoxicant…” (Minhaj al-Talibin 80)

The Concept of “’Umum al-Balwa”

Rulings in the Sacred Law are not intended to place undue and excessive difficulties on people. The evidence for this is Allah’s saying, “Allah desires for you ease, he does not desire for you difficulty.” (Surah al-Baqarah 185) Also, Allah says, “There has not been made for you, in din, a difficulty.” (Surah al-Hajj 78) And, on the authority of Abu Hurayrah that the Prophet Muhammad said, “Verily, din is easy.” (Sahih al-Bukhari 1/59 with Shaykh al-Islam’s Tuhfat al-Bari) These texts (and others) establish the well-accepted legal principle:

المشقة تجلب التيسير، إذا ضاق الأمر اتسع

“Difficulty incurs ease; when a matter becomes constricted it widens.”

This principle, moreover the evidence it is based upon, permits dispensation during difficult circumstance. Various reasons allow for relaxation in a given ruling. One of these reasons is public affliction or ‘umum al-balwa.

The widespread usage of alcohol denat in industrialized countries creates a situation where at some point most people will come into contact with a product containing it. A widespread affliction is considered accordingly under the discussion of the abovementioned principle. It is stated that:

الحاجة العامة تنزل منزلة الضرورة الخاصة

“A public need reaches the level of individual necessity.”

Therefore, in the instance that something is rife in the public sphere, it is considered an utter necessity. A necessity is considered in this context.

The principle and the others connected to it are related by various authorities, such as Ibn al-Subki in al-Ashbah wa al-Nazair 1/48, Suyuti in al-Ashbah wa al-Nazair 160-80, and Zarkashi in al-Manthur fi al-Qawaid 1/120; 2/24, 317; 3/169.

When considering the issue in light of ‘umum al-balwa, it does not necessarily entail considering alcohol denat pure. Rather, it may be considered excusable ['afw]. (Hashiyat Nihayat al-Muhtaj 1/101) In his marginalia on Khatib, Bujayrimi cited Ramli as saying:

المراد بعموم البلوى كثرته في ذلك المحل المقصود عادة بحيث لو كلفناه العدول عنه إلى غيره لأدى إلى الحرج

“What is meant by ‘umum al-balwa: it is consistently rampant in that given place, whereas if we made refraining from it necessary, that would entail difficulty.” (2/93)

Examples of ‘Umum al-Balwa Being Applied

1) In Nihayat al-Muhtaj with Shabramallisi’s marginalia 2/27-28, consideration is made for excusing impurities found in places commonly affected by them, like streets, pathways, restroom entrances, etc. Also, see Tuhfat al-Muhtaj with Sharwani’s 1/130.

2) In Sharh al-Muhadhdhab 1/209, consideration is made for mouse droppings when a common affliction. Also, see al-Fatawa al-Kubra al-Fiqhiyyah 1/25.

3) In al-Fatawa al-Kubra al-Fiqhiyyah 1/159, mention is made regarding some authorities considering small amounts of blood from the body’s orifices excusable.

4) In Nihayat al-Muhtaj 1/204, wearing socks stitched from impure hair is excused. Also, see Ibn al-Subki’s al-Ashbah wa al-Nazair 1/49.

5) In Nihayat al-Muhtaj 1/245, cheese with certain types of rennet is excused.

Conclusion

In conclusion, reputable authorities have related that alcohol is pure. Other views are also found stating that alcohol may be pure, depending on the reason for why it was made. The Shafi Madhhab’s reference works express that liquid intoxicants are impure. Today, some products, like hygienic and cleaning products, are essential. Authorities within the Madhhab have established legal principles [qawaid fiqhiyyah], such as what is mentioned above. In light of these principles, there is satisfactory justification to consider the alcohol found in products vital in people’s lives as excusable ['afw].

 

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

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An Office Friend and His Eating of Bacon Then Touching One

Posted by on Sep 23, 2010 in Featured, Impure Substances (Najasat), Taharah | 3 comments

Question:

An office friend eats baccon & eggs everyday & does not wash hands-just wipes with paper towel. You still smell the egg & the bacon is oily so the yold of the egg will be contaminated & call najasah.

He tugged on my ear like school teachers do & I could still smell that egg. his hands were dry but due to the smell I feel bad. how do i clean myself. is water enough or do I use the 7 times/ 1 time with soil method. just treat it as dry najis.

Answer:

In the Shafi School swine is impure. (Mughni al-Muhtaj 1/227; Tuhfat al-Muhtaj 1/290) And, it is najasa mughallaza (Wasit 204-06), similar to a dog, according to the relied-upon opinion of Imam Shafi [qawl azhar]. (Mughni al-Muhtaj 1/240) Accordingly, both the filth of a dog and a pig should be removed by washing seven times, one of those washings with pure earth. Imam Nawawi discussed some problems underlying the ruling on the impure nature of pigs in his commentary on Shirazi’s Muhadhdhab. For instance, Ibn al-Mundhir related that there is scholarly consensus [ijma] that a pig is impure; the best evidence on the issue is a report of consensus from Ibn al-Mundhir, when it is established. But, Imam Malik opined that a living pig is pure. In his evaluation of the arguments raised by Muhadhdhab’s author (and others), Imam Nawawi stated,

ليس لنا دليل واضح على نجاسة الخنزير في حياته

“There is no sound evidence with us that establishes the impure nature of a pig while it is alive.” (Sharh al-Muhadhdhab 2/405)
Imam Nawawi held an opinion independent from the majority of the Shafiyyah. (Sharh al-Muhadhdhab 2/417) His opinion is that a pig’s wulugh only needs to be washed once without earth. This is an opinion of Imam Shafi: being muqabil al-azhar and also a qawl qadim. (Fath al-Aziz 1/67; Sharh al-Muhadhdhab 2/417; Tanqih 1/205) Imam Nawawi mentioned,

بل مقتضى الدليل طهارته كالأسد والذئب والفأرة ونحوها

“In fact, the evidence’s necessary implication is its purity, similar to the lion, wolf, rat, and their like.” (Tanqih 1/205)

The texts on the dog express that it is necessary to wash seven times once with earth. For instance, there is the hadith related by Imam Muslim,

طهور إناء أحدكم إذا ولغ فيه الكلب أن يغسله سبع مرات أولاهن بالتراب

“The purification of your utensils when a dog licks in them is that they are washed seven times, the first washing with earth.” (Sahih Muslim 1/234)

The dog’s wulugh is mentioned in this hadith. A pig being impure is reasoned as per an understanding that a pig is worse than a dog. (Tanqih 1/205) Nonetheless, swine has not been expressly mentioned.

Regarding a dead pig, in this condition, it is without a doubt maytah [carrion] from an animal that we do not consume. Allah the Most High said,

أو لحم الخنزير فإنه رجس

“…or the pig’s flesh for certainly it is filth…” (Surat al-Maidah 3)

This is mentioned after Allah the Most High said,

حرمت عليكم الميتة

“Made unlawful for you is carrion…” (Ibid)

Khatib discussed the issue of a Muslim husband compelling his wife from the People of the Book to bathe after she consumed swine. (Mughni al-Muhtaj 4/314) He related two opinions [wajhayn] regarding the manner in which she would be compelled to bathe, 1) an opinion that she must wash seven times with earth, and 2) an opinion that she must wash only once without earth. Khatib gave preference to the first opinion. (Ibid) Also, Sharwani stated that the first opinion is preferred. (Hawashy Tuhfat al-Muhtaj 7/319) The number of washings is reasoned consistent with the issue of wulugh. (al-Hawi al-Kabir 9/230) In this scenario the possibility of one consuming swine, and thereafter, transferring the filth by touching another is acknowledged. (Ibid)

There may be enough latitude to consider a single washing without earth as sufficient in the situation in question, in light of Imam Nawawi’s ikhtiyar and that it is an opinion of Imam Shafi [muqabil al-azhar]. Yet, there is no substantial difficulty for one to wash six additional times. It is most prudent for one to adhere to the Shafi School’s relied-upon standpoint which would indicate toward seven washings one being with pure earth.

If it is difficult for one to wash with earth, then there is an opinion of Imam Shafi [muqabil al-azhar] that one may use another substance, like soap, in its place. (Mughni al-Muhtaj 1/240) It has been related that another substance may be used when earth will damage what needs to be cleaned, for example textiles. (Ibid) And, according to a third opinion of Imam Shafi [muqabil al-azhar], another substance may only be used in the absence of earth. (Ibid)

In conclusion, there are five views transmitted, and they are,

1)   The relied-upon opinion of Imam Shafi [qawl azhar] that a pig’s filth must be washed seven times, one of those being with earth.

2)   An opinion of Imam Shafi that is strong enough to practice upon [muqabil al-azhar] that it must be washed seven times and another substance, like soap, suffices.

3)   An opinion of Imam Shafi that is strong enough to practice upon [muqabil al-azhar] that it must be washed seven times and another substance, like soap, suffices in the absence of earth.

4)   A lesser opinion that another substance, like soap, suffices when using earth will cause damage. This opinion and the three before it (1, 2, 3) apply to pigs and as well dogs.

5)   An opinion of Imam Shafi that is strong enough to practice upon [muqabil al-azhar] that one washing without earth suffices. This is also the ikhtiyar of Imam Nawawi. This opinion applies to pigs only.

Allah knows best.

Shafiifiqh.com Fatwa Dept.

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Is Cat Hair Impure (Najasah)?

Posted by on May 3, 2010 in Featured, Impure Substances (Najasat), Taharah | 9 comments

Question:

Is the cat hair impure?
Answer:

الحمد لله رب العالمين ، وصلى الله على سيدنا محمد وعلى آله وصحبه أجمعين، وبالله التوفيق

إذا جز شعر أو صوف أو وبر من مأكول اللحم فهو طاهر بنص القرآن واجماع الامة (المجموع: 1: 129)
إذا جز الشعر والصوف والوبر والريش من حيوان لا يؤكل أو سقط بنفسه أو نتف فاتفق أصحابنا على أن له حكم شعر الميتة لان ما أبين من حي فهو ميت … (المجموع: 1: 130) ويعفى عن يسير منه (المجموع: 1: 123)

“The hair, wool, or fur from the animals whose meat is permitted to eat is pure due to the proof-text (nass) of the Qur’an and the Ijma’ (consensus) of the Ummah.” (Al-Majmu 1:129)

Every animal is pure except dog, swine and the offspring one of them. Hair of edible animals is pure. Cat’s hair that intact to a living cat is pure. When the hair of non-edible animals, except human beings, separate from the body, the hair becomes impure, (al-Majmuʿ: 1: 130). However, a few of them are excused, (al-Majmūʿ: 1: 123).

والله تعالى أعلم
Allah Most High knows best.

Answered by:
Abdullah Muhammad al-Marbuqi al-Shafi‘i.

Checked by:
Al-Ustāż Fauzi ibn Abd Rahman

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Perfume With Alcohol

Posted by on Mar 24, 2010 in Featured, Impure Substances (Najasat) | 19 comments

Question:

Assalamo alaykom,

Is perfume containing some alcohol permissible to use? Explain in detail please.

Answer:

بسم الله الرحمن الرحميم، الحمد لله رب العالمين
وصلى الله على سيدنا محمد وعلى آله وصحبه أجمعين، وبالله التوفيق

According to the Shafi’i madhhab, khamr (alcoholic beverage made of grape juice) and nabīdh (alcoholic beverages that are made from other type of juices beside grape) are haram and impure (al-Tuhfah, al-Nihayah). Therefore, ethanol derived from alcoholic beverages is also haram and impure.

The synthetic alcohol is produced through the hydration of ethylene or hydroxylation of ethyl sulphate to yield ethanol and regenerate the sulphuric acid. Here, there is no fermentation process, thus, the synthetic alcohol is pure.

Therefore, synthetic alcohol would be permissible to use and will not cause body or clothing become impure. However it is not permissible for oral intake.

والله تعالى أعلم
And Allah ta’ala knows best.

Answered by:

Abdullah Muhammad al-Marbuqi al-Shāfiʿī

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