Lessons: Hanafi Fiqh - Badaa'i us Sanaa'i

Badaa'i us sanaa'i is a very nice hanafi fiqh kitaab, it's written by imaam kaasaani rahimahullaah, his wife was an aalimah too, and he wrote this kitaab for her as mahr.

So now with that introduction we can start the kitaab, falillaahil7amdu wal minnah.

Alhamdulillaahi Rabbil 3aalameen, was salaatu was salaamu 3ala ashrafil anbiyaa'i wal mursaleen, sayyidinaa muhammad wa 3ala aalihi wa as7aabihi ajma3een.

Rabbi Yassir wa laa tu3assir wa tammim bil khayr.

Allaahumma 3allimnaa maa yanfa3unaa, wanfa3naa bimaa 3allamtanaa wa zidnaa 3ilmaa.

We'll start with the chapter of tahaarah, like how all kitaabs start, because tahaarah is a (shart) condition to perform other faraaidh (compulsory) acts like salaah etc.

Kitaabut Tahaarah - The book of Purity

In reality this section consists of only two explanations, 1: The explanation of Tahaarah. 2: The explanation of its types.

As for the explanation of tahaarah, the linguistic meaning is "purity/cleanliness", and the shari' meaning is purifying and cleansing and purification, (the explanation goes on, it's a technical explanation but i don't want to translate it wrongly so we'll just skip it)

As for the explanation of its types, Tahaarah itself is of two types:

1: Purification from 7adath

And that's known as "Tahaarah 7ukmiyyah"

Tahaarah 7ukmi is removing like "spiritual" impurities, that's why wudhu ghusl and tayammum all fallz under that category.

2: Purification from khabath

And it is known as "Tahaarah 7aqeeqiyyah"

Tahaarah 7aqeeqi is removing the actual impurities.

As for purification from 7adath then it is of three types:

1: Wudhu
2: Ghusl
3: Tayammum

As for Wudhu, it will be explained in a few places, which is: the explanation of its arkaan (english doesn't have a word for rukn, the only word it has is 'pillars'), and the explanation of the conditions (shuroot) of its arkaan, and the explanation of its sunnats, and the explanation of its ettiquettes, and the explanation of its nullifiers.

The first Rukn:

Wudhu is the name given to Ghasl (washing) and Masa7 (wiping), based upon the Aayah:

{ يَا أَيُّهَا الَّذِينَ آمَنُوا إذَا قُمْتُمْ إلَى الصَّلَاةِ فَاغْسِلُوا وُجُوهَكُمْ ، وَأَيْدِيَكُمْ إلَى الْمَرَافِقِ ، وَامْسَحُوا بِرُءُوسِكُمْ ، وَأَرْجُلَكُمْ إلَى الْكَعْبَيْنِ وَإِنْ كُنْتُمْ جُنُبًا فَاطَّهَّرُوا وَإِنْ كُنْتُمْ مَرْضَى أَوْ عَلَى سَفَرٍ أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنْ الْغَائِطِ أَوْ لَامَسْتُمْ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا صَعِيدًا طَيِّبًا فَامْسَحُوا بِوُجُوهِكُمْ وَأَيْدِيكُمْ مِنْهُ مَا يُرِيدُ اللَّهُ لِيَجْعَلَ عَلَيْكُمْ مِنْ حَرَجٍ وَلَكِنْ يُرِيدُ لِيُطَهِّرَكُمْ وَلِيُتِمَّ نِعْمَتَهُ عَلَيْكُمْ لَعَلَّكُمْ تَشْكُرُونَ }

O ye who believe! when ye prepare for prayer, wash your faces, and your hands (and arms) to the elbows; Rub your heads (with water); and (wash) your feet to the ankles. If ye are in a state of ceremonial impurity, bathe your whole body. But if ye are ill, or on a journey, or one of you cometh from offices of nature, or ye have been in contact with women, and ye find no water, then take for yourselves clean sand or earth, and rub therewith your faces and hands, Allah doth not wish to place you in a difficulty, but to make you clean, and to complete his favour to you, that ye may be grateful.

Surah Al-Maaidah Aayah 6

Allah commanded us with washing the three limbs (face, arms, feet) and wiping the head.

So it is necessary to know the meaning of "Ghasl" and "Masa7".

So Ghasl is pouring water upon the place (limb), and Masa7 is rubbing.

So much so that if a person washed the limbs of wudhu, but the water did not flow, so that its usage resembled oil (like if you have something oily/greasy rubbed on your skin) , it (his wudhu) would not be valid, according to the Dhaahiri Riwaayah (the dhaahiri riwaayah is said to refer to Imaam Muhammad Rahimahullaah).

But it's reported from Imaam Abu Yusuf that it (his wudhu) is valid.

And upon this they (the ulamaa) have said: If a person made wudhu with ice, and nothing dripped from it, then it's not permissable/valid, but if two or three drops dripped then it will be valid because "flowing" (water) has been found".

And the Faqeeh Abu Ja'far Al-Hinduwaaniyy Rahimahullaah was asked concerning making wudhu with ice and he said: That is wiping, not washing, but if he causes it to flow then it will be permissable.

And it's narrated that Khalaf bin Ayyoob Rahimahullaah said: It is necessary for the person making wudhu in winter to rub his limbs (with water) so that it resembles a grease (in other words just rub yourself with water first), then he will pour water over those limbs, because water does not flow properly on the limbs in winter (the cold).

As for the Arkaan of Wudhu, they are four.

The first is: Washing the face once

It is based upon the Aayah (the one quoted in the previous lesson from Surah Maa’idah) { فَاغْسِلُوا وُجُوهَكُمْ } “And wash your faces”

And a Mutlaq (general) command does not require repetition (i.e. does not require the face to be washed multiple times). The limits of the face has not been mentioned in the Dhaahiri Riwaayah (as mentioned previously, it refers to Imaam Muhammad Rahimahullaah), but it has been mentioned (in another kitaab, of Imaam Abu Yusuf Rahimahullah) that the (limits of the) face is from the place where the hair (normally*) starts, until the bottom of the chin, and from one ear to the other, and this definition is correct, because it is defining a thing with what the linguistics of the word points out to, because “wajh” (face) is the name given to that which faces people, or what is normally faced towards, and Muwaajahah (facing face to face) also falls under this definition.

Hence it is Waajib to wash it (the face) excluding where the hair grows from (like eyebrows), because according to the general Ulamaa it is not Waajib to wash what is under the hair, but Imaam Abu Abdullaah Al-Balkhi Rahimahullaah says: It must be washed. And Imaam Shaafi’i Rahimahullaah says: If the hair is thick then washing beneath it falls away, but if it’s thin (normal) then it must be washed. (the fatwah is that it must be washed, as it will be mentioned later on Inshaa Allaah)

*Note: The face starts from the place where the hair normally starts from, that does not mean if a person is balding then he must wash right up till where his hair starts.

The (reasoning for the) view of Imaam Abu Abdullaah Rahimahullaah is that whatever is under the hair remains under the confines of the face, hence why washing it will not fall away.

And the reasoning of Imaam Shaafi’i Rahimahullaah is that the falling away (of washing) is because of the difficulty involved, and there is only difficulty in thick hair, not in thin hair.

As for us, we say that the compulsory thing is washing the face, and it’s difficult to call what is beneath the hair as the face, because it is not something that is faced towards, so it is not Waajib to wash it.

So the answer is taken from what Imaam Abu Abdullaah Rahimahullaah said, and what Imaam Shaafi’i Rahimahullaah said as well, because the falling away of the washing of the thick hair is not because of difficulty, but (it falls away) because of it not being part of the face by hair covering it, and that is found is thin hair as well.

And based upon all this Ikhtilaaf (difference of opinions) we say that what is beneath the moustache and eyebrows must be washed.

cool, jazakAllahu khayr

As for the hair on the cheeks and chin, Ibn Shujaa’ has narrated from Hasan that Imaam Abu Haneefah and Imaam Zufar Rahimahumallaah said: If he makes Masa7 of his beard three or four times then it will be valid, but if he makes masa7 less than that then it will not be valid.

And Imaam Abu Yusuf Rahimahullaah said: If he doesn’t make masa7 of it at all then (too) it will be valid. But these narrations have been retracted, and the correct view is that the beard must be washed, because the skin underneath it is not called “wajh” (face) because of the inexistence of it being something which is faced because of the hair covering it, so the apparent hair (of the beard) will become “wajh” because it is joined to the face and people face towards it, and Imaam Abu Haneefah Rahimahullaah has indicated towards this when he said: The places (limbs) of Wudhu is that which is apparent, and the hair (of the beard) is apparent not the skin, so it is Waajib to wash. And it is not Waajib to wash the (full) length of the beard according to us, but according to Imaam Shaafi’i Rahimahullaah it is Waajib to wash it because the length is a follower of what it’s attached to, and the ruling of the follower is the ruling of the original (i.e. both will have the same ruling)

And it is waajib to wash to wash the skin that's between the sideburn and ear, according to Imaam Abu Haneefah and Imaam Muhammad Rahimahumallaah. And it's narrated from Abu Yusuf Rahimahullaah that it's not waajib because it's not waajib to wash beneath the sideburn so what is closest to it would not be washed as well, but according to Imaam Abu Haneefah and Imaam Muhammad Rahimahumallaah that part falls under the category of 'face', and it is not covered with hair, so the ruling of waajib (to wash it) will remain, unlike the sideburns (because it's not waajib to wash beneath it as mentioned in the previous lesson).

It is not waajib to wash inside the eyes, because that is not regarded as 'face', and because it is harmful, it's said that those Sahaabah who used to do it went blind, like Ibn 'Abbaas and Ibn 'Umar Radhiallaahu 'Anhum.

I'm just translating from the kitaab, that doesn't mean i always hold the view mentioned, with regards to washing beneath the moustache and sideburns etc, i believe in washing under them all, i don't see the difficulty in washing them, nor do i see the need to not wash them.

So although it's mentioned that you don't wash under such and such a part, i feel you should just do it because you lose nothing by doing it.