KT - Ruling on the Types of Water

8/9/2019 KT - Ruling on the Types of Water

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Book of Purification

Chapter: Rulings on the Types of Water

Water has been created tahoor; it purifies from ahdaath and najaasaat. Tahaarah cannot be achieved withany other liquid other than it. If water reaches the quantity of qullatayn or if it is flowing, then itcannot become impure unless its colour, taste or smell changes. Other than flowing water or waterthat reaches the quantity of qullatayn, if najaasah were to be mixed in that water, it becomes impure.Qullataan is approximately 108 Damascan Ritls.

Waters purifying ability is removed if a taahir substance is cooked therein or it is mixed withsomething, so-much-so that it takes over its name, or it is used to purify someone from hadath. If onedoubts whether the water, or anything else for that matter, is pure or filthy, one acts on that which heis certain of. If one is not sure as to which part of the garment is filthy, one should wash the garment

until he is certain that he has washed the filth. If purifying water becomes confused with filthy water,and one cannot find other water, then he should make tayammum and leave them both. If tahoorbecomes confused with taahir (pure but not purifying water), one should make ablution with themboth. If a clean garment becomes confused with a filthy garment, one should pray in every garmentthe number of times of the filthy garments, plus one extra prayer.

The filth of a dog and a pig is to be washed seven times, one of the washing being with sand. The restof the types of filth are washed a minimum of three times until cleanliness is achieved. If the filth wason the ground, then one pouring of water alone is enough to remove the filth, due to the statement ofthe Messenger, Pour over the Bedouins urine, a portion of water Reported by Bukhari. It issufficient for the urine of a male infant who does not eat solids to moisten it with water. The sameruling is applied to madhi. However, a small amount of madhi, is to be overlooked. And also a small

amount of blood is to be overlooked. And the by-products of blood such as pus etc, is to beoverlooked, if in small amount. A small amount is that which is not detestable to oneself. Thehuman maniy, and the urine of those animals allowed for us to eat, are considered pure.


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Water has been created as tahoor...

This is referring to water which is upon its original created state, such as rain and sea water etc.

The word tahoorrefers to water which is pure in-and-of itself, and can be used to purify other than it

.( )

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* What is the difference between tahoorand tuhoor?

Tahooris the water with which a person purifies themselves. Tuhooristhe actual act of purifying oneself.

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The evidences for water upon its original state being pure and purifying are:

And We send down from heaven pure water1

and sent you down water from heaven to purify you2

The Messenger said:

: , Concerning the sea: its water is pure, and its dead are lawful3

It purifies from Ahdaath and Najaasaat.

Ahdaath is the plural of hadath: a ritual state of impurity that prevents one from performing salaah,tawaafand also (according to some scholars) touching the Quraan. It is of two levels:

1) - Minor ritual state of impurityThis state requires one to perform wudhoo (after deep sleep, going to the bathroom etc). Oneneeds to perform wudhoo if prayer or the like is to be performed.

1Al-Furqaan (25):48

2An-Anfaal (8):11

3Buloogh al-Maraam, no.1


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2) - Major ritual state of impurityThis state requires one to perform ghusl (after having sexual relations with ones spouse,menstruation etc). One needs to performghusl if prayer or the like is to be performed.

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Najaasaatis the plural of najaasah: impurity or filth. This includes urine, faeces, menses blood, dogsand pigs etc.

* Therefore water which is tahoorcan be used to purify oneself from (i) a state of ritual impurity andcan also be used to (ii) remove impurities.

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* Polytheists are najas?

Allah mentions:

O you who believe! Verily, theMushrikun areNajasun (impure).4

Najas here refers to spiritual impurity of Shirk (associating partners with Allah). It is known that theMessenger of Allah allowed polytheists to enter the masjid; if they were physically impure, then theywould not have been allowed to do so.

Tahaarah cannot be achieved with any other liquid other than it (i.e. water).

Allah mentions:

and you cannot find any water, then do tayammum with pure earth5

This verse is a proof that only water can be used for the purpose of purification and no other liquid.This is because Allah mentions that if water is not found, the next substance one moves to is pure

earth, not a different liquid.

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Tayammum alludes to the fact that purification is not only a physical act of cleansing, but alsoconcerns the spiritual or ritual state of a person. This is because one would not normally cleanthemselves with earth.

It is also inferred from this that najaasaat can only be cleaned with water. However, there is anotheropinion in the fiqh of Imam Ahmad, where he states that so long as the impurity is removed,

4

At-Tawbah (9):28

5An-Nisaa (4):43


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whichever way it is removed, it is considered pure. And there is precedence for this opinion in theSunnah of the Messenger of Allah.

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There is a principle in the Shareeah:

The ruling is connected with the connective cause, in its presence and absence (i.e. if the reason ispresent, the ruling is present and if the reason is absent, the ruling is absent.)

An example of the application of the rule is the particular issue at hand; the ruling of impurity isconnected with the actual impurity. If the impurity is removed, irrespective of how it is done, then theruling of impurity (i.e. that a particular place, clothing is impure) is removed.

If water reaches the quantity of qullatayn (i.e. roughly 158 litres) or if it is flowing, then it cannotbecome impure unless its colour or taste or smell changes.

The author states that if water reaches a certain volume (i.e. qullatayn), it is always considered pure,unless one of three physical characteristics changes: colour, taste or smell.

This is based upon the hadeeth of the Messenger:

If water reaches the quantity of qullatayn, it is not easily contaminated by impurity.6

This hadeeth is qualified by the ijmaa (consensus) of the scholars, that if so much impurity enters thewater, so-much-so that its colour, taste or smell changes, then it is no longer considered tahoor.7

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The author also mentions that if water is flowing or running, even if it does not reach the specifiedquantity, it is still considered pure, unless one of the three qualities changes.

This is due to the inferences from the ahaadeeth of the Messenger:

, None of you should urinate in stagnant water, and then wash in the same water.8

None of you should wash in stagnant water when he is in the state ofjunub (major ritual state ofimpurity).9

6Buloogh al-Maraam, no. 5

7 Ibn al-Mundhir in al-Ijmaa




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Other than that (i.e. other than flowing water or water less than the quantity of qullatayn), ifnajaasah were to be mixed in that water, it becomes impure.

The author here makes a distinction:

Small amount of water (i.e. less than qullatayn)If a small amount of najaasah falls into it, even if it does not change any of its characteristics, itis still considered impure.

Large amount of water (i.e. greater than qullatayn)If a small amount of najaasah falls into it, it is still considered pure, until one of thecharacteristics change.

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Why is a distinction made?

The reason for this distinction is based on the hadeeth of qullatayn. The inference from this hadeeth isthat if the quantity of water is less than qullatayn, it can become impure. This is one of the ways thescholars derive a ruling (i.e. via inference, and it is valid, but in strength, it is a level lower than anexplicit statement of the Messenger of Allah).

However, the Messenger said, Indeed water is tahoor, nothing contaminates it, and this takes theprecedence over the ruling by inference.

* Water is deemed pure, whether small or large in volume, until and unless it changes in one of itsqualities. This is the opinion held by Imam Ahmad, Ibn al-Uthaymeen, as-Sadi, Ibn Taymiyyah.

Qullataan is approximately 108 Damascan Ritls.

This is the definition of qullatayn.

Its purifying ability is removed if a taahir substance is cooked therein, or it is mixed withsomething, so much so that it takes over its name (we do not call it water anymore), or it is used to

purify someone from hadath.

According to the Hanbali madhhab, there are three types of water:

1) Tahoor: it is pure in-and-of itself, as well as purifying.2) Taahir:it is pure in-and-of itself, but not purifying.3) Najas: it is contaminated by a filthy substance.


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The author now mentions the situations in which tahoorwater is turned into taahirwater. There arethree situations by which this can occur:

1) A taahirsubstance is cooked therein.2) It is mixed with something, so-much-so that it takes over its name (i.e. it is not called water

anymore).

3) It is used to purify someone from hadath (i.e. the water which is left after a person hasperformed ritual purification in order to come out of the state of hadath).

However, there is a contradiction, since according to the madh-hab, if a person were to bathein tahoorwater, without the intention of removing hadath, then that water is considered tahoor.But if the intention is changed, then the water becomes taahir. This is incorrect.

The reason why the scholars made such a distinction between tahoor and taahir is due toahadeeth such as:

None of you should wash in stagnant water when he is in the state of junub (major ritualstate of impurity).10

They interpreted that once this sort of water is used to purify a person, then it cannot be usedagain after to purify someone else.

* Consequently, the correct opinion is that as long as something is called water, even if something elsehas been mixed with it, it is still tahoor. One proof for this:

It is known that the companions would race to catch the water of the Messenger when hewould perform wudhoo.11 If there was any issue with the water, then the Messengerwould have clarified.

Therefore, the correct classification of water (so long as it is called water) is of two types:

1) Tahoor(pure water)2) Najas(impure water)

If one doubts whether the water, or anything else for that matter, is pure or filthy, he acts on thatwhich he is certain of.

This issue, as well as other forth coming issues are based on a great legal maxim ( qaa'ida fiqhiyahkabeerah):

Certainty is not removed by doubts.

As well as a minor legal maxim (qaa'idah sagheerah) based on the previous maxim:


11 Reported by Bukhari


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"The original state, is for something to remain as it was.

This means, if one is in doubt about something, he should avoid the doubt, and act on what he is

certain about, which is the original state.

If one is not sure as to which part of the garment is filthy, one should wash the garment until he iscertain that he has washed the filth.

For instance, if one is sure that a child urinated on a part of his right sleeve, but he is unsure exactly

where, then he should wash his entire right sleeve to make sure that najaasah has been washed.

Likewise, if one is sure that a child urinated on one of the sleeves, but he does not know which one,

then he washes both of the sleeves, to make sure that najaasah has been washed.

If purifying water becomes confused with filthy water, and one cannot find any other water, then heshould make Tayammum (Dry Ablution) and leave them both.

If one has two water bottles, but does not know which one contains tahoorwater, and which onecontains najas water; one should leave them both and make Tayammum.

This is because if he were to make wudhoo from one of them, hoping that it is tahoor, or if he were tomake wudhu with both of them, he would not be sure whether the last he made wudhu was with tahooror najis. Therefore, in order to make sure that he fulfils his obligation, he makes Tayammum and prays.

If Tahoor (purifying water) becomes confused with Taahir (pure but not purifying water); oneshould make ablution with them both.

Meaning, if one has two water bottles, one containing tahoorand the other containing taahirwater, buthe does not know which one is which; then one should make wudhu twice, once with the taahirandonce with tahoor, to make sure that he made wudhoo with tahoor, and fulfil his obligation withcertainty.

If a clean garment becomes confused with a filthy garment, one should pray in every garment thenumber of times of the filthy garments, plus one prayer.

Meaning, for instance, if a person has five garments, and out of them, one is sure that three garmentsare contaminated with filth; one should prayer four times all together in different garments, to makesure that he fulfilled the obligation of praying with taahirclothes.


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The filth of a dog and a pig is to be washed seven times, one of them with sand.

The Hanaabilaa categorised najaasaat (impurities) into three categories:

Mughlladha (severe) e.g. dogs salivaThe Hanaabila made qiyaas (analogical deduction) and included the entire dog, as well as theswine. However, this is a weaker opinion, since in the hadeeth the Messenger never mentionedthis, and therefore we restrict ourselves to what he said.

Mutawassita (general) e.g. faeces, blood, al-madhi (pre-seminal fluid), droppings of animalswhich are haraam for one to consume.

Muhkhaffafa (light/slight) e.g. urine of a baby boy still drinking milk, al-madhi.**********

The proof for the issue at hand is the hadeeth:

"If a dog licks in the utensils of one of you, then he should wash it seven times, one of them withsand."12

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* Can one use detergent etc instead of sand?

Some of the scholars mentioned, that since the Messenger said turaab, even though they had soap atthe time, suggests that it is binding.

Some of thefuqahaa have said that it is permissible to use these other detergents/soaps etc.

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* Is the method of cleaning same for other than utensils?

The Usooliyyoon mention a principle:

i.e. If there is a clause in a particular hadeeth or Quraanic verse that is stipulating a general casescenario, then that general case is not restrictive in understanding that.

For instance, Allaah mentions in the Quraan with regards to the people who are impermissible forone to marry:

your step daughters under your guardianship13


13An-Nisaa (4):23


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One of the categories of women mentioned, are ones step-daughters. In the verse it alludes to thosestep-daughters who are living with the person. However, what is intended here, wallaahu alam, is thatit is a general case, and not restrictive. Therefore, even if a step-daughter is not living with a person,they are still haraam for a person to marry.

Thus, the method of cleaning is the same, since the hadeeth is the general case, and should not beunderstood restrictively.

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An important point to note and remember is that ghasl or washing means for water to run over asurface, whereas al-mash or wiping means for one to wipe his wet hand over a surface.

The rest of the types of filth is washed minimum three times until cleanliness is achieved.

This is due to the saying of the Messenger:

"And whoever wakes up from his sleep should wash his hands before putting them in the waterfor ablution three times, because nobody knows where his hands were during sleep."14

: " "

If the filth was on the ground, then one pour of water alone is enough to remove the filth, due to thestatement of the Messenger:

Pour over the Bedouins urine, a portion of water. Reported by Bukhaaree

The story behind the hadeeth is that once a bedouin walked into the masjid, went in a corner andbegan to urinate. The sahaabah saw this and ran to stop him, but the Messenger stopped them andwaited for the bedouin to finish. He then told him that mosques are only built for prayers andremembrance of Allaah, and not for urinating or defecating therein. He then told the companions:

"Pour over the Bedouins urine, a portion of water.15

This is a proof that just one pour of water over any filth on earth is enough to clean it.




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It is sufficient for the urine of a male infant who does not eat solids to moisten it with water(nadh).

If a male infant, who has not started eating solids, urinates on ones garment, then it is sufficient tomoisten it with water, and this is called in Arabic al-nadh.

This is due to the statement of the Messenger narrated by Umm Qais bint Muhsin who came to theProphet with her baby boy who had not yet started eating solids, so the Messenger sat him on his lapand the baby boy urinated on his garment. The Messenger then called for water and moistened hisgarment with it, without washing it.

This excludes a baby boy who has started eating solids, or a baby girl, irrespective of whether she eatssolids or not.

The Messenger said:

, The urine of a baby girl should be washed off (ones clothes), while the urine of a baby boy needsonly water to be sprinkled over it.16

The same ruling is applied to al-Madhi (pre-seminal fluid).

Ibn Qudaamah mentions that the same ruling of the urine of a baby (i.e. a light najaasah) is applied to

Madhi. Madhi is pre-seminal fluid which is released before the ejaculation of sperm due to sexualexcitement. It breaks ones wudhoo and it requires one to wash their private organs. However, it issufficient to sprinkle water over ones clothes.

However, 'a small amount' (of madhi), is to be overlooked.

Meaning, small amounts of madhi is to be overlooked, and one is not obliged to clean every drop ofmadhi that contaminates his garment. This is because madhi is often excreted without knowledge, andcleaning even such small amount may create a lot of hardship; a small amount is forgiven.

There is a general qaida (maxim):

If an issue become difficult, then the Shareeah relaxes. - However, one cannot use this rulewhenever they like, otherwise abuse of the Shareeah will occur.

Therefore, this ruling is not solely restricted to madhi, but also applies to anything that is small, suchthat it will be difficult for one to clean oneself.



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And also a small amount of blood is to be overlooked.

Likewise, small amount of blood is also to be overlooked for the same reasons, except in liquidsubstances.

The proof of that is what has been narrated from many of the companions that sometimes, smallamount of blood or pus etc would surface on their skins, and they would continue with their Salaah.

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What constitutes small? There are two extremes are mentioned:

al-Muwaswas: a person who thinks that even one small drop is a lot. The butcher: who is always with blood and it does not bother him.

Small amount is in-between the above two extremes. If you were to see someone with an amount ofblood on their garment that you are disgusted by, this is sufficient to be cleaned.

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With regards to blood, there are a number of masaail (issues):

i. Blood from any slaughtered animal is najis (impure).ii. Any blood that remains in a container or in the surroundings etc after an animal is

slaughtered; it is overlooked.

iii. Insects that have blood that does not flow is taahir- overlooked.iv. The blood of the shaheed (martyr) is taahir, since the Messenger ordered them to be buried in

their garments.

The scholars differ over why it is taahir; is it because he is shaheed or because human blood istaahir?

The majority say that human blood is najas; however there is a riwaayah from ImaamAhmad and scholars such as Ibn Taymiyyah, who held the opinion that there is no

strong evidence to suggest that human blood is impure.

The clarification of this is paramount; there is not a single hadeeth that commandssahaabah who had wounds during expeditions etc to wash before they prayed.

Human blood is taahir unless it covers more than half of ones garment due toijmaa. And Allaah knows best.


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And the by-product of blood like pus etc, in small amount is to be overlooked.

By-products of blood, such as pus etc are also included in the above ruling. It is reported that Umar

split one of his spots, and pus came out, but he did not wash it.

'A small amount' is that which is not detestable to ones self.

As explained beforehand.

The human maniy (male sperm and female sexual fluid), and the urine of those animals allowed forus to eat, are regarded pure.

The author says the human maniy is taahir, because Aa-ishah used to scrape al-Maniy from thegarment of the Prophet. If it was najis, Aa-ishah would have washed it, instead of scarping it off.

, I used to rub it (i.e. semen) off the garment of the Messenger of Allaah, and then he would prayin it.17

As for the urine of animals that are allowed for us to eat, then that is also taahir, because the

Messenger ordered the people from the tribe of Uraina to drink the camel's urine and milk asmedicine.

The Messenger also said: Pray in the cattle's pen"18, which is usually full of dung, and if it was najas,he would not have made such a statement.

17Buloogh al-Maraam, no. 30, 31 & 32


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KT - Ruling on the Types of Water