[This chapter deals with those things which render necessary wudu' and ghusl.
Wudu' designates the action and wadu' designates the water. Lingusistically it means cleaniness and excellence, and in the Shari'a it means to purify certain parts of the body with water to make them clean and to remove the judgement of 'minor impurity" (hadath) from them to permit acts of worship which are forbidden by lack of purity.
Qadi Ibn al-'Arabi says that there is known dispute about whether ghasl means the action and ghusl the water. However, in adh-Dhakira, ghusl designates the action and ghasl the water. This is the most common position.
[Evidence for the obligatory nature of wudu' and ghusl is found in the Qur'an and Sunna and consensus. The Almighty says, "O you who believe! When you you get up intending to do the prayer, wash your facesÉ " (5:6) and "Do not approach the prayer when you are drunk until you know what you are saying, nor in a state of major impurity - unless you are travelling - until you have washed yourselves completely." (4:43) The Messenger of Allah said, "Allah does not accept the prayer of anyone in a state of impurity until he does wudu'." There is no disagreement between the Imams that it is obligatory.]
[There are certain preconditions for the validity of wudu':
4. Absence of menstrual blood or bleeding after childbirth
5. The arrival of the time of the prayer,
6. That the legally responsible person is not forgetful, asleep or insensible
7. The existence of adequate water to perform it
8. The possibility of doing it with due care to achieve what is desired, which may preclude the sick and the person who is compelled.
[Two things oblige wudu': ritual impurity and certain causes. [Khalil says three things: ritual impurities, causes; and apostasy and doubt.]
Ritual impurity is what breaks wudu' in itself, like urine, and causes are things which do not break wudu' in themselves but leads to ritual impurity, like loss of sanity, touching someone with desire and touching the penis. [Ibn Juzayy states that apostasy also breaks wudu'.]]
[The duty of wudu' is a one of an obligatory nature, not merely an obligation inasmuch as it is sunna and thus strongly recommended.]
[Wudu' must be done when something emerges from one of the two normal passages, the urethra and the anus, in a normal manner. It is limited to what is normal which excludes anything which emerges abnormally, like pebbles and worms. They do not break wudu', even if he passes some urine and faeces. Urine and faeces must emerge in a normal manner. So if it emerges for a specific reason, like incontinence in most cases, which is when he does it constantly, most of the time or half of the time, then it does not break wudu'. In the first case, wudu' is neither obligatory or recommended. In the last two cases it is recommended unless that is difficult for him.
The 'passages' are limited to what emerges normally, which precludes what emerges other than urine and faeces, like blood as a result of leeches and cupping, vomit which is changed from food, and impurity which emerges from a split under the intenstines which is not due to the passages being blocked. When the two passages are blocked and the split is located under the intestines, then it is considered as a normal orifice.]
You have to do wudu' after urinating or defecating or passing wind.
[This clarifies what excreta which make wudu' necessary: urine from the front orifice and faeces from the rear orifice and passing wind, which designates wind which emerges from the anus, whether or not with a sound. As for wind which emerges from the penis or vagina, it does not require wudu' since it is not considered as one of things which break wudu'.]
You have to do wudu' when the liquid known as madhy comes out of the penis, in which case it is necessary to wash to the whole penis as well. Madhy is a thin, white liquid which comes out at times of sexual excitement when the penis is erect, either during sexual foreplay or when thinking about it.
[ Wudu' is obliged when madhy emerges from the penis. It is also obligatory to wash the entire penis with an intention before doing wudu'. Wudu' is specified and using stones in not enough.]
Wady is a thick white liquid which comes out usually after urinating and carries the same judgement regarding cleaning the penis as urine.
[ Wady is dense and usually comes out after urination. It may come out on its own or during urination. It makes wudu' necessary and it must be completely removed. He should lightly squeeze the place and wash only its place.]
Sperm - maniy - is the white liquid ejaculated at orgasm during sexual intercourse which smells similar to the pollen of the date-palm.
[The emission of sperm is one of things which obliges ghusl, not wudu'. The author mentioned it here among the things which oblige wudu' as a digression since it does oblige wudu' in certain cases. It is what issues with pleasure which is not usual, although it is mentioned among the things which oblige ghusl. Here he mentioned the fluids which flow from the front orifice, and maniy is one of them. It is ejaculated in spurts and has a particular odour.]
The liquid which comes from a woman is a thin yellow fluid and necessitates purification, that is purification of the whole body as is the case after menstruation.
[ A woman's liquid which she discharges, which is her maniy, is described as being thin and yellowish when it normally emerges and in health, not on account of illness or incontinence. Ghusl is obliged on account of it. It is not a precondition that it emerge outside. It is based on the sensation, and so the mere sensation obliges her to purify herself, as she is obliged to do when menstruation ends.]
In the case of bleeding which continues beyond the normal period of menstruation (istihada), only wudu' is necessary, although in such circumstances it is recommended for a woman to repeat wudu' for every prayer.
[The blood of false menstruation is blood which flows outside the days of menstruation and lochia, issuing from a vein which is in the lower part of the uterus. The judgement in such a case is that wudu' is obligatory when it stops more than it comes. When it comes more than it stops or the two are equal, then she is not obliged to do wudu'.]
[ Menstruation according to Khalil. The normal age of menstruation is considered from the age of adolescence to the age of 50. The individual is consulted from the age of 9 to puberty and from 50 to 70. It can be red, yellow or brown. The minimum is one gush and its maximum is fifteen days. The minimum of purity is fifteen days and it has no maximum. And the maximum length of menstruation for someone with normal periods (even if she has only had one period) is fifteen days. There are three days of using precaution (i.e. above and beyond) her normal maximum. (i.e. if she normally menstruates five days and then menstruates after that and it does not stop after the full five days, she adds three days to it. If it does not stop after that, it is false menstruation.
But if her normal period is 15 days, she does not use precaution at all.) This is as long as it does not exceed half a month. (If it is 14, she uses one, and if 13, she uses 2.) Then she is pure (to fast, prayer and have intercourse even if the blood is flowing, because it is false menstruation and not menstruation.)
The maximum length of menstruation of a pregnant woman after three months (up until five months) is half a month and five days (i.e. twenty days). When she starts the sixth month, it is twenty days and the like (i.e. ten with the twenty and so the maximum is thirty days). Is the judgement of the woman whose has a period before three months the same as the judgement of a woman whose period comes after it ( after three months), or is she like the one with a regular period? There are two statements. If purity is stopped by blood before it is completely finished, even by a hour, she adds only the days of bleeding (i.e. rather than the days it stopped, and it cancels it when it is less than half a month. There must be 15 twenty-four days of continuous purity free of blood by agreement.
Then, after patches and continuous blood, it is false menstruation, not menstruation. So she does ghusl for the end of menstruation. The one who has bleeding patches does the ghusl whenever the blood stops in the patched days unless she thinks that the blood will return before the time she is in finishes. In such a case she is not commanded to do ghusl. She fasts (if it stops at Fajr or before) and prays and has intercourse after ghusl according to the known position as opposed to the author of the Irshad who says that intercourse is not permitted. She can pray in all the days of menstruation when the period comes to her at night and then stops before Fajr. So she might not miss a prayer or a fast.
Blood which is distinct (from false menstrual blood by the change of smell, colour or fineness or thickness) after (the full 15 days of ) purity is menstruation (and prevents prayer and the like). If it is not distinct from false menstruation in any way, it is false menstruation, even if it goes on a long time. It is like that for what is distinct before the end of purity. One does not pay attention to the distinction. If the blood is distinct from the blood of false menstruation by anything above and is judged to be menstruation and it continues until her normal time is complete and more, is changes from the quality of the blood of menstruation to that of false menstuation. So she does not use caution beyond her normal days, but does ghusl by the simple completion of her normal days according to the soundest version (from Malik and Ibn al-Majishun.)
Purity from menstruation is known by the dryness (of the private parts) from blood, yellowness and brownness when she inserts a bit of cotton, for instance, and brings it out without seeing anything on it. Or it is by a white liquid which issues from the private parts after the end of menstruation. This liquid is more conclusive of the end of menstruation than dryness for the one who usually has it. If she sees the liquid before dryness, it is recommended that she do ghusl at the end of the preferred time [for the prayer]. There is some discussion about the sign of purity of the one whose has her first period. [Al-Baji says that she is only pure by dryness which she sees, even if the time for the prayer goes by. ]
The woman with a period does not have to look for her purity before Fajr. (Indeed, it is disliked because it is not something which the Salaf did.) She should look when she goes to sleep to see whether she can catch Maghrib and ÔIsha' and fast. She should look at the beginning of Subh and the other five prayers (allowing time for ghusl).
Menstruation prevents the validity of prayer and fasting and their obligation and divorce (which is prohibited, but is binding if it takes place.) It prevents the start of Ôidda, which begins with purity. It prevents intercourse or touching under the waist-wrapper (from the waist to knees), even after the end of the period before the ghusl. Tayammum makes the prayer permitted, but does not remove the impurity. It prevents entering the mosque, so there is no iÔtikaf or tawaf. It prevents touching a copy of the Qur'an (except for a teacher or student who has a dispensation) and recitation]
This is also the case for incontinence (salas) of urine.
[It is recommended for someone with incontinence to do wudu' for every prayer and for his wudu' to be directly before the prayer. There is no special judgement for incontinence of urine. It is a general judgement for everyone with some form of incontinence, be it urine, wind, or maniyy. All are the same in that they do do not break wudu' by what emerges from them and it constant, even if it is only half the time when he is unable to remove it by medical treatment or marriage. If someone is able to stop it, then it breaks his wudu', he is excused for the period of treatment in that it does not break it.]
You have to do wudu' after loss of consciousness caused by either deep sleep,
[Loss of consciousness is one of the reasons which lead to ritual impurity and obliges wudu' after it passes. The loss of intellect is when it is completely absent. When it departs completely, as in sleep or fainting, and then is restored to him, the judgement is that wudu' is obligatory. A deep sleep, whether long or short, breaks wudu' absolutely. A deep sleep that in which the sleeper is not aware of what he or someone else does. What is understood from the word "deep" is that the dozing in which the person is aware of the slightest thing definitely does not break wudu', be that short or long based on what is in Muslim, "The Companions of the Messenger of Allah used to sleep and then pray without doing wudu'." Nonetheless, it is recommended to do wudu' after a long light sleep. ]
[Malik said that someone who faints has to do wudu'. Fainting is is an illness in the head. ]
[The one who loses his senses through drunkenness must do wudu'. It makes no difference whether he becomes intoxicated by something lawful or unlawful, as when he drinks milk thinking that it is not intoxicating and it intoxicates him.]
or a bout of madness.
[This even more clearly breaks wudu' because it removes the senses. It is not in itself a reason for it. Wudu' is obliged on account of insanity, intoxication and fainting because it is is obliged by sleep which is less severe than it because it removes a little awareness, and these cause that loss of intellect even more so and so it is more likely that it be obligatory on account of them. That is why there is no difference between long or short, deep or light. They judge that legal responsibility is removed with them which is not the case with sleep. The sleeper is responsible, even if he incurs no wrong action. This discussion concerns a bout of madness which ends. The one for whom insanity is complete and without end owes nothing.]
Wudu' is also necessary when you touch someone to gain sexual pleasure or have bodily contact with them for the same reason
[ One of the causes which results in ritual impurity is touching which is less than intercourse as the Companions, TabiÔun, Malik and his companions have explained it.The Almighty says, "Or if you have touched women." (4:43) 'Ali and Ibn 'Abbas, however, explain this 'touching' as referring to intercourse, and say that His words "Or you have touched women" means to have intercourse with them.
Specifying 'pleasure' tells us is that if the toucher intends pleasure, he must do wudu' simply by touching whether or not there is pleasure. So that is even more so if he touches and experiences it. If he did not intend pleasure, but intended to touch to find out whether the body was hard or not, and then experiences pleasure, he must do wudu' because of the existence of pleasure, even though it did not come from intention. So the obligation of wudu' hinges on intention, even if there was no feeling while touching. If the feeling occurs after touching, then it is like pleasure arising from thinking for which nothing is obliged. If he does not intend pleasure and does not feel it, he does not have to do anything. This is the the judgement for touching.
As for anyone who is touched, if they are adult and experience pleasure, they must do wudu'. Otherwise, they do not have to do anything if they did not intend pleasure. Otherwise the judgement regarding the person who is touched is the same as the one who touches.]
or for kissing them for sexual pleasure.
[It is clear from his words that kissing is general, whether on the mouth or elsewhere with the intention or arousal. That is not the case. The accepted position is that the kiss on the mouth generally breaks wudu' whether or not there is intention and arousal because it is a probable cause of pleasure unless other places give rise to pleasure. [Khalil says that if it is to bid farewell or out of mercy, as when there is some misfortune, it does not break wudu'. Looking at someone, even with pleasure, does not break wudu'.]]
A man must do wudu' if he touches his penis.
[One of the things which lead to ritual impurity is touching the penis because it says in the Muwatta' and elsewhere that the Prophet said, "When one of you touches his penis, he should do wudu'." The touching referred to is with the palm or the inside or sides of the fingers. He only mentioned touching one's own penis. As for the penis of someone else, it follows the judgement regarding touching with respect to intention or arousal. The penis must be connected to the body. As for that which is separate from the body, it does not break wudu' when it is touched.
When dealing with the eunuch, one considers the shape or lack it. If there is a shape, then touching it breaks wudu. If it does not have a shape, then one takes into consideration the judgement given to it. If masculinity is adjudged for him, it breaks wudu' and otherwise it does not.
There are different considerations regarding touching it through a barrier. If it is thick, that does not break wudu' in one position, If it is light, then the most accepted position is that it does break it. Touching the anus or the testicles does not break wudu' in the accepted position.]
But there is difference of opinion about whether a woman has to do wudu' if she touches her vagina.
[The position of the Mudawwana is that it does not break wudu' based on what is on the hadith, "When one of you touches his penis, he should do wudu'." The position is based on the fact that that is what is understood by the word and when something is understood, a concealed meaning is not considered. The one who says that it does break wudu' bases it on the hadith which says, "If someone's hand touches his private parts he should do wudu'" because 'private parts' and can be applied to the penis or the vagina. Some of them say that wudu' is not broken it if she touches the outside of it, but it is broken if she presses it or puts her hand inside the labia.]
[Ibn Juzayy: Things that break wudu' in other schools, but not in the Maliki school are: vomiting, belching, nosebleeds or other bleeding, cupping, the emission of pus, laughing in the prayer (Abu Hanifa), eating camel meat, eating cooked food, carrying the dead person, slaughtering animals. None of these break wudu'.]
[Khalil: It is recommended to wash out the mouth after eating meat or drinking milk.]
You have to do ghusl when, as has already been mentioned, sperm (maniy) is ejaculated accompanied by sexual pleasure either during sleep or when awake whether from a man or woman.
[ One of the things which oblige ghusl is the emission of sperm with normal pleasure, whether while asleep or awake, or man or woman. It is not a precondition for the obligation of ghusl that it emerge with pleasure when it actually takes place. Ghusl is obliged simply by its emerging after pleasure has departed, as when he has pleasure without intercourse and then sperm emerges from him after the pleasure is over.]
Ghusl is also necessary at the end of bleeding from menstruation.
[It is more precise to say 'the blood of menstruation' because it is more general than simply saying 'menstrual period' since that specifically designates that which is preceded by purity and followed by purity. The beginning or end of the blood which emerges is not called 'a menstrual period'. In the Shari'a, the blood of menstruation is that which emerges on its own from the vagina which normally does not exceed 15 days and it emerges without being caused by illness or childbirth. Blood which emerges not by some cause, or which emerges from the anus, or emerges from a child of seven or a woman of 70, or which exceeds 15 days, or which emerges because of illness, or because of childbirth is not menstruation so that its judgements apply to it.]
Ghusl is necessary when abnormal bleeding (istihada) stops
[Then the censation of the blood of false menstruation was made a cause which obliges ghusl. Malik's final position was that ghusl was recommended. He first said that she does not have a ghusl. None of the people of the school say that it is obligatory except for al-Baji if one takes his transmission literally.]
Ghusl is necessary at the end of the period of bleeding which follows childbirth (nifas).
[Lochia is one of the causes which makes ghusl obligatory. Lochia (nifas) linguistically means childbirth, whether there is blood with it or not. It designates the blood itself which emerges from the vagina because of childbirth. In the usage of the people of Shari'a it designates the blood which emerges from the vagina because of childbirth in a healthy and normal way. The blood which emerges from other than the vagina is not nifas. That which emerges not on account of of childbirth is not considered nifas. That which does not emerge in a healthy manner is not nifas. That would normally be bleeding which occurs is after the period of nifas, which is 60 days.]
Ghusl must also be done if the head of the penis penetrates the vagina even if no ejaculation takes place.
[One of the things which obliges ghusl is the penetration of the penis of the adult into the vagina, even if there is no ejaculation, whether it is human or animal, or into the anus, wherther female or male, whether or not there is emission, and whether or not there is a covering over it, but that is provided that the barrier is light so that pleasure can be felt with it. As for the thick barrier, ghusl is not obliged with it unless there is ejaculation. Then there is ghusl because of ejaculation, not because of the disappearance of the penis. The basis for that is what is in the Muwatta' and Muslim from the words of the Prophet , "When he sits between her arms and legs and then presses her, he is obliged to do ghusl. This hadith is abrogated by what Muslim related from the words of the Prophet, "When you are too quick or there is no ejaculation, there is no ghusl,"and by what was related from his words, "Water is needed on account of water [semen]." ]
This penetration of the vagina by the head of the penis necessitates ghusl .
It necessitates the hadd punishment (for zina) and the payment of the dowry and gives the married couples the status of being muhsan and makes a woman who has gone through a triple divorce halal for her original husband and invalidates hajj and fasting.
[ It obliges the hadd punishment for fornication and obliges the payment of the dower in full because the contract on its own demands half of the dower. It accords the married couple the states of being muhsan provided that they are free, Muslim, sane and adult.
It makes a woman lawful for her prior husband, if he is a free man. As for the woman divorced by a slave, it makes her lawful when he has divorced her twice. However making the divorced woman who has been trebly divorced lawful for her prior husband must involve full penetration. Thus full penetration is not a precondition for requiring ghusl, the hadd punishment and payment of the dowry, but full penetration and lack of barrier are preconditions for making the couple muhsan and making the divorced woman lawful. ]
It invalidates hajj and fasting.
[It absolutely invalidates hajj, be it obligatory or voluntary, intentional or by forgetfulness, when it occurs before standing at 'Arafa or after it before the Tawaf al-Ifada and stoning the Jamra al-ÔAqaba on the Day of Sacrifice. He continues with his hajj and makes it up the following year. It invalidates fasting, even without full penetration it, be it obligatory or voluntary, intentional or by forgetfulness. He must make it up and owes kaffara for the obligatory if it is done it deliberately. Otherwise there is only making up, as is the case with doing it deliberately in a voluntary fast.]
A woman does ghusl immediately she sees the white liquid (qassa) which comes at the end of menstruation, or when she notices dryness, even if she notices this after a day or two days or only an hour.
[As the blood of menstruation is mentioned as one of the causes which oblige ghusl, he goes on to clarify the sign which indicates that it has ended and that the womb is free of it. He mentioned that it has two signs: a white liquid and dryness. When the menstruating women sees one of the two signs, then her purity is clear and she is adjudged to be pure from that moment and does not wait for the second sign. There is no minimum length of menstruation. Its minimum amount is one spurt. There is no maximum amount of it, but has a maximum in time, which is fifteen days.]
[Khalil: Its maximum for someone who is having a first period is half a month (i.e. 15 days. If it stops before that and then she remains pure for half a month and then blood comes, it is a new menstruation.) as half a month is the minimum of purity (which is fifteen days and there is no limit to its maximum).
[And the maximum length of menstruation for someone with normal periods (even if she has only had one period) is fifteen days. There are three days of using precaution (i.e. above and beyond) her normal maximum. (i.e. if she normally menstruates five days and then menstruates after that and it does not stop after the full five days, she adds three days to it. If it does not stop after that, it is false menstruation. But if her normal period is 15 days, she does not use precaution at all.) This is as long as it does not exceed half a month. (If it is 14, she uses one, and if 13, she uses 2.) Then she is pure (to fast, prayer and have intercourse even if the blood is flowing, because it is false menstruation and not menstruation.)]
If bleeding starts again or if she sees any yellowish discharge, she must stop doing the prayer and then when the bleeding stops again she should do ghusl and start the prayer once more.
[ If she sees the sign of purity and the judgement is that she is pure immediately, from the moment she sees purity, and then the blood resumes again or there is a yellowish discharge which does not have the colour of blood, she stops praying and reckons that she is still menstruating that day and considers all of it to be the same period. It is one period since it has come before complete purity. Or it may stop before the end of her normal period or extend after its normal length and before looking for purity or before it was complete. When the bleeding comes after complete purity or when it ended after her normal peiod and the days of looking for the end, then it is not menstruation, but abnormal bleeding, When it stops again, then she again does a ghusl and prays, and does not wait to see whether more blood comes again. This question is involves the woman whose purity is interpersed with bleeding to add the days together.]
[Khalil: The one who has bleeding patches has a ghusl whenever the blood stops in the patched days unless she thinks that the blood will return before the time she is in finishes. In such a case she is not commanded to do ghusl. She fasts (if it stops at fajr or before) and prays and has intercourse after ghusl according to the known position as opposed to the author of the Irshad who says that intercourse is not permitted. She can pray in all the days of menstruation when the period comes to her at night and then stops before Fajr. So she might not miss a prayer or a fast.]
When this situation occurs, it is considered as one menstrual period when reckoning the period of 'idda (after divorce or being widowed) or the period of istibra (after the death of a husband).
[The intermittent blood is considered as the same period of bleeding in repsect of 'idda and istibra' and so the days of blood are added together until they reach that at which its judgement normally ends or other than. If it exceeds that it is abnormal bleeding.]
If there is a considerable interval between the two periods of bleeding, such as eight or ten days, then the second one is considered a new menstrual period.
] If there is not a long gap between the two periods of bleeding, it is considered as one menstrual period for the purposes of 'idda and istibra', but if there is a long interval between them but less than the time of purity, which is eight or ten, even though the accepted interval is 15 days, then the second is a new menstruation, i.e. the beginning of a new one which is counted for purposes of 'idda and istibra'.]
If menstrual bleeding continues longer than fifteen days, it is considered as istihada and the woman should perform a ghusl, fast, pray and her husband can have sexual intercourse with her.
[ This means if the bleeding continues for her, then she waits for fifteen days from its beginning because the maximum of menstruation in respect of her is fifteen days. Then she is judged to have abnormal bleeding whether the two periods of bleeding are distinct or not. She has a ghusl and prays and fasts. Her husband can come to her. We mentions that which has a beginning to distinguish it from that which has no beginning because there are certain points regarding that because it is either what is normal for her varies or it does not. If it is not different and the blood continues more for her than it normally does, she looks for purity for three days as long as they do not exceed fifteen days. If it varies, she then looks for purity when it is longer than its norm.]
If the bleeding after childbirth (nifas) stops soon after the birth, a woman should do ghusl straightaway and start doing the prayer.
[ If shortly after childbirth a woman sees the sign which indicates that it is ended with white discharge and dryness, then she washes and prays. "Soon after birth" has no minimum limit in relation to time and it has a minimum in relation to what emerges, which is one gush.]
However, if bleeding continues longer than sixty days, then she does ghusl anyway, the bleeding is considered as istihada, and she does the prayer and fasts and her husband can have sexual intercourse with her.
[ If the bleeding continues, she waits for sixty days, which it the maximum of its extent. If it stops after sixty, the matter is clear. If she continues to bleed after sixty, it is abnormal bleeding and she has a ghusl, prays and fasts and her husband can come to her.]