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# Jurisprudence Made Easy PDF pages 61 to 72. Physical PDF numbering, not inferred printed labels. Mechanical text extraction, not a verified transcription. Read the full rule or dialogue across page boundaries and retain its footnotes. Source characters are preserved except corrupt control glyphs, which are marked. Blank layout lines are removed. Do not silently repair other wording. Previous block: [pages 49 to 60](pages-049-060.md). Next block: [pages 73 to 84](pages-073-084.md). ## PDF PAGE 61 ```text 61 should wait four months and ten days. If she is adult and sane, she should, during the waiting period, abandon wearing make-up, perfume, and glamorous clothes, for it is haraam. However, she has the right to bathing, putting on clean clothes, and going out, especially, if she has something to attend to or an act of worship to perform, and, of course, in an emergency. * You mentioned a woman who is pregnant. Is this a special case? - The ruling on a widowed pregnant woman is that she must observe a waiting period for the rest of her pregnancy. If after she has given birth, the total period that has elapsed since her husband died was four months and ten days, her waiting period should end. If not, she should wait for the remaining period that completes the four months and ten days. ``` ## PDF PAGE 62 ```text 62 Dialogue on Wudhu Today, I’ll talk to you about wudhu, ghusl and tayamum”, said my father. I murmured, “We are, therefore, at the threshold of the first purifying agent which renders the body tahir, after it has been stripped of its purity by an occurance of some kind”. I soon started recalling some examples of what happens to the body to render it unclean. I then started asking myself why I should cleanse my body with wudhu. However, since my father was present, I said I would rather ask him. * Why do we perform wudhu? - We perform wudhu to be in a state of tahara to, for example, say prayer, do tawaf around the Ka’ba during hajj or umrah, touch the writing of the Holy Qur’an [and His names and attributes, such as ar-Rahman, al-Khaliq]. * Of course, wudhu is performed with water. However, are there any conditions attached to the water? - Yes. 1. The water must be tahir to cleanse the parts of your body that are normally washed and wiped during wudhu. It is sufficient for the water to be abundant for it to render them tahir as a result of performing wudhu, if the water was abundant (mu’tasim). 2. The water and the place where you perform the wudhu, must be ownerless and not usurped. The reason why the place must be free is that if the water was confined to the usurped place, wudhu would not become obligatory. You must perform tayamum instead. However, should you choose not to comply, you shall be deemed sinful. Your wudhu, though, will be in order. 3. The water must be pure not mixed, such as the running ``` ## PDF PAGE 63 ```text 63 tap water in our homes and places of work, not, for example, orange juice. * How should I conduct wudhu? - After you have made your intention, to perform this act of worship to seek proximity to Allah, you should start thus: 1. Wash your face from the forehead, i.e. from the hairline to the chin vertically and that which falls within the expanse of your hand between the thumb and the small finger horizontally. [Noting that, you should do the washing from the top to the bottom of the face, without the need to soak thick (beard) hair]. 2. Wash your arms from the elbow to the finger tips, starting with the right arm. The manner of washing should be from the elbow down to the finger tips. 3. Wipe with your right hand (while it is still wet) the front of your hair, preferably with the palm of the hand, starting from the top to the hairline excluding the forehead. 4. Wipe your feet with your hands from the toes to the ankle. Use your right hand to stroke the right foot and the left hand to stroke the left foot, while both hands are still wet with the original water of wudhu. That is, you are not allowed to use new water. [It is not allowed to start with your left foot before your right foot]. You must also observe the following when performing your wudhu: 1. Wudhu must be sequential, i.e. washing of the face should come before that of the arms; your right arm has to be washed before the left one; and wiping the head should be done before that of the feet. ``` ## PDF PAGE 64 ```text 64 2. The ablution act should be carried out uninterrupted. In an emergency, however, such as running out of water or due to forgetfulness, you should continue the process while the previous parts washed or wiped are still wet. Otherwise, the wudhu shall not be in order. It is worth mentioning, though, that wudhu can be deemed valid even though all the parts of the body, that were washed, become dry as a result of wind, hot weather, or drying up, provided that in the process of wudhu uninterrupted washing was observed. 3. You must do it yourself as long as you are able to do so. * What about if I become unable to perform wudhu myself? - Someone else can do wudhu for you. It could be done by aiding you to do it. That is, by lifting your hand and washing your face with it; then washing both your arms in the same way; and finally, do the wiping of the head and the feet, using your own hands. 4. There must not be any barrier masking the body skin from wudhu water, such as paint, glue, or nail polish. 5. There must be a reason that could make using water detrimental to one’s health. In such a case, you should perform tayamum instead of wudhu. * If I performed wudhu for an earlier prayer, can I still say another one later with the same wudhu? - You do not need to renew your wudhu, unless your wudhu was invalidated. * How and when would a wudhu be invalidated? - Things that invalidate wudhu are seven: Urination, passing stool, breaking wind, sleep, anything that render the faculty of reasoning idle, such as passing out and ``` ## PDF PAGE 65 ```text 65 drunkenness, medium and minor istihadha (see Dialogue on Istihadha), and janabah. My father added that it was worth discussing some general rules to wrap up the topic of wudhu. 1. If after wudhu some doubt lingers in your mind as to whether or not your wudhu was in order, you should assume that it still be in order. * Could you give me an example? - Suppose you performed wudhu in the morning and after few hours, you wanted to say Dhuhr prayer. There and then, you harboured some doubt that you might have used the toilet in between. In this case, you should ignore your doubt and assume you are still tahir and say your prayer. 2. If you did not perform wudhu or did perform one, that was later rendered invalid, and afterwards became unsure whether you renewed your wudhu, you should treat such case as if you did not perform wudhu. * Such as? - Suppose you woke up in the morning. Then the time for Dhuhr prayer was due. You could not remember whether you performed wudhu in between. You should treat the matter as if you did not perform wudhu. You have to start afresh. 3. If you have just completed wudhu, and doubt crept in as to whether it was properly carried out, your wudhu is in order, i.e. you should not renew it. * For example? - Suppose you performed wudhu and immediately became doubtful whether you washed your face, or the washing of your face was properly carried out, you should assume it was correct. ``` ## PDF PAGE 66 ```text 66 * If I became doubtful whether I carried out the wiping of the left foot, what should I do? - If the doubt crept up on the spot, you should perform the wiping afresh. Otherwise, you need not worry. That is, if you have already moved on to another act, such as you are in the process of saying prayer. ``` ## PDF PAGE 67 ```text 67 Dialogue on Ghusl I do not divulge a secret if I said that I love water. It is a subject close to my heart for it reminds me of happy memories. When I was a child, I used to play with my mother, spraying her with water. I did the same thing with my play mates. And since I know that water is a source for personal hygiene as well as for physical cleaning, this particular dialogue earned added importance. My father said to me that ghusl is of two kinds: the first is by submerging the whole body in water, and the second is done sequentially. * How do you go about the first type? - It is done by submerging the whole body in water at one go, i.e. from the summit of the head to the tips of the toes. * And the sequential one? - You should first wash your head, ears and neck. The second in the order of washing must be the right hand side including the part of the neck that is connected to it and the adjoining area of the left hand side. The third in the order of washing must be the left hand side, in exactly the same manner. However, it is permissible to wash the whole of the body at one go, i.e. without dividing it into two parts, after you have washed your head and neck. * Are there any conditions that should be observed when ghusl is carried out? - All the conditions that are required for wudhu apply to ghusl, such as niyyah, the cleanliness and abundance of water, the order of parts of the body to be washed, etc. (please refer to Dialogue on Wudhu). However, ghusl is different from wudhu in two ways. * What are they? - They are: ``` ## PDF PAGE 68 ```text 68 1. It is not necessary to start washing the parts of the body from top to bottom, as is the case in wudhu. 2. In ghusl, you do not need to observe the unbroken chain of washing, i.e. from start to finish without stopping. For example, you may wash your head and neck, then the rest of your body after a while, so much so that this may result in the parts that were washed becoming dry. You cannot do this when performing wudhu. There is an added bonus for ghusl of janabah, in that it makes up for wudhu. * And what else can it compensate for? - It can also make up for ghusl of Juma. That is you either make one niyyah, exclusive for ghusl of janabah, or you make niyyah for both. [Indeed, as far as ghusl of Juma is concerned, you should make niyyah for it, albeit in general terms, as no other ghusl can make up for it]. * Should a woman require to perform the three types of ghusl: Janabah, haydh, and Juma, how should she go about them? - She can do one ghusl with the niyyah of all of them. She may, however, make niyyah for ghusl of janabah which would suffice, [except for ghusl of Juma as discussed earlier]. However, here are some more tips: 1. Make sure you have removed every trace of semen from your body before you embark on performing ghusl. 2. You should urinate to extract any traces that were left inside the tract of the penis before you do the ghusl. 3. You should remove all barriers, sticking to the body, that may hinder the immediate contact of water with the parts of the body, such as paint or glue. If the barriers ``` ## PDF PAGE 69 ```text 69 prove difficult to remove, you should perform tayamum. And if they happen to be present in the parts of the body that you usually wash (or wipe) for wudhu, [you should carry out both the ghusl and tayamum]. 4. If, after washing any part of your body, you become doubtful as to whether you washed it, you need not worry, i.e. there shall be no need for you to start afresh. However, if, while you were washing the rest of your body, you grew doubtful whether you washed your head and neck properly, [you have to start again by washing the suspected unwashed part]. * You talked to me about quite a number of ghusls - haydh, nifas, istihadha, the dead, and touching a dead body. These are all compulsory types of ghusl. In the course of this discussion, you also mentioned another ghusl, i.e. that of Juma. Are there any other kinds of ghusl? - Yes, there are other ghusls. They are, however, mustahab not wajib. Here are some of them: a. Ghusl of Juma. It is a strongly recommended mustahab type of ghusl. Its span of time starts from sunrise till sunset. It is advisable, though, to do it before zawal. b. Ghusl of Ihraam. c. Ghusl of the first two days of the two big feasts (eids). The time during which these ghusls should be done is from sunrise till sunset. Yet, it is advisable that they are done before the prayer of Eid. d. Ghusl of the eighth and ninth of Thil Hajja. It is advisable that the ghusl on the ninth should be carried out at zawal time. e. Ghusl recommended during the month of Ramadhan nights: The first, the seventeenth, the nineteenth, the twenty first, and the twenty third. f. Ghusl of Istikhara (The process of asking Allah for proper ``` ## PDF PAGE 70 ```text 71 guidance in certain matters you are unable to decide on, through, for example, consulting the verses of the Holy Qur’an). g. Ghusl of the prayer for rainfall (Istisqa’). h. Ghusl of entering Mekkah. i. Ghusl of paying respect to the Holy Ka’ba. j. Ghusl of entering the Mosque of the Prophet. If carried out, these kinds of ghusl can make up for wudhu. There are more. Some of these ghusls can compensate for wudhu, and some cannot. The yardstick of which ghusls can make up for wudhu and which cannot lies in the fact that since the first group of ghusls have strongly been recommended, through evidence handed down by tradition, they became mustahab. The second group of ghusls contains those ones that are not unequivocally proven to be strongly recommended to be part of the tradition, and they are carried out only with the aim of doing good deeds and earning reward (thawab). * My last question on the subject of ghusl is: Suppose, after janabah, I did not urinate to clear my penis from the remnants of semen, then I did ghusl of janabah. Afterwards, I noticed traces of semen that were secreted. Would the ghusl still be valid? - No, you must do the ghusl again. This is irrespective of whether the semen was discharged without sexual desire or caressing. You must also do the ghusl again, even if the semen was discharged in a situation different from the one just discribed. ``` ## PDF PAGE 71 ```text 71 Dialogue on Tayamum When my father said he would talk today about tayamum, the word rang a bell, which is no wonder, for I have come across it when I recite the Holy Qur’an, or listen to it recited. I have been brought up to recite and learn as much of the Qur’an as possible. It has become a daily routine. When I do so, I feel peace of mind, serene heart, and refreshed memory. Reciting the Holy Qur’an is not an end in itself. But a means to understanding the Creator’s injunctions. It should be a way of refining one’s character, learning how to conduct oneself within the family and in society at large. Reciting the Holy Book should be a source of knowledge and a means to becoming firm in belief. Despite the discovery of the familiarity of the word of tayamum, I remembered neither the verse it was in nor the name of the chapter. So, the first thing I did was to ask my father about the verse. * Father, I can’t remember the name of the Chapter in which the verse of tayamum is mentioned. Could you remind me of it? - The Chapter is that of Nisa, “..and if you were sick, or on a journey, or one of you passed stool, or you have touched (had a sexual intercourse with) women, and you cannot find water, betake yourselves to pure earth, then wipe your faces and your hands; surely Allah is Pardoning, Forgiving” . (4/43). As you may have noticed the verse outlined when, with what, and how we perform tayamum. Let’s then discuss them one by one. * So, when do we perform tayamum? - We do tayamum instead of ghusl or wudhu in certain situations, some of which are: ``` ## PDF PAGE 72 ```text 72 1. When there is not sufficient water for either ghusl or wudhu. 2. When there is sufficient water, but there may be a barrier to fetching, or using it, such as you may have a disability, or your using the water could entail a sinful act - using a maghsoub utensil for example - or you may fear for your safety, honour, or possessions. 3. When there may be a possibility that using water for ghusl or wudhu might deplete your supply of water, so much so that there may not be sufficient quantity of water to quench one’s thirst, including members of your family, relatives, and even one’s livestock. 4. When there is not ample time to conduct ghusl and say an obligatory prayer in full and on time. 5. When obtaining water could lead to putting oneself in an untenable situation. 6. When water has changed in both colour and property to the extent that you find yourself in real in a state of revulsion when using it. 7. When your responsibility is to use the limited quantity of water to remove the najasah from the mosque. 8. When you fear you become sick as a result of using water for ghusl or wudhu, or using water could complicate your ill health. However, this should be the case when the matter does not come under the subject of wiping (mas’h) over a jabirah (lit. splint: a generic name used for any form of dressing any part of the body after injury or illness), especially when there is a risk of ```
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