The Distinguished Jurists Primer by Ibn Rushd

The basis for this kind of purification are the words of the Exalted, “And if ye are involved in a major hadath, purify yourself’.58 The discussion covering its rules—after having learned its obligation, on whom it is obligatory, and the ^entification of the thing to be used, which is unadulterated water—is undertaken in three chapters. The first chapter relates to the identification of acts involved in this purification. The second relates to the factors ^validating it. The third chapter covers the ahkdm of the invalidation of this Purification. 4’ About the person on whom it is obligatory, it is incumbent upon each Person who is under an obligation to pray, and there is no dispute about this. Similarly, there is no dispute about its obligation, and its evidences are the same as those for ablution, which we have mentioned. Likewise, the ahkam relating to the categories of water, whose discussion has preceded.

The jurists disagreed over whether running the hand over the entire body (i.e. massaging the skin while water is running over it) is a condition for this purification, as is the case in the purification of limbs while performing ablution, or whether it is sufficient to let water flow over the entire body without running the hand over the body. The majority of the jurists maintained that letting water flow over the body is enough. Malik, most of his disciples, and al-MuzanT from among the disciples of al-ShafiT held that if the person undertaking purification misses a single spot of his body over which he does not pass his hand, his purification remains incomplete.

The reason for disagreement is the equivocality of the term *ghu$T\ and the conflict of the apparent meanings of the traditions related about the description of bathing with the analogy of bathing based upon ablution. In the established traditions relevant to the subject of the Prophet’s bath, and which are related through ‘A’isha and Maymuna, there is no mention of massaging the body; they only mention the flowing of water over it. In the tradition of ^isha, she says, “When the Messenger of Allah (God’s peace and blessings be upon him) took a bath after sexual engagement, he would first wash his hands. He then poured water from his right hand over to the left hand with which he washed his genitals. Then he performed a minor ablution, like he did for his regular daily prayers. Thereafter, taking up water he would insert his fingers down to the roots of his hair and pour three handfuls of water over his head. Finally, he would let water flow over his entire body”.

The description given in the tradition of Maymuna is similar to this, except that here he delayed washing his feet up to the end of the purification. In the tradition of Umm Salama too, when she asked the Prophet (God’s peace and blessings be upon him) “whether she should undo her plaits while bathing after sexual engagement. The Prophet (God’s peace and blessings be upon him) said, ‘It is enough if you splash over your head three handfuls of water, then let water flow over yourself, and with that you are purified’ This is the most persuasive tradition about dropping the requirement of massaging as compared to the other traditions, for it is not possible that a person describing her own purification would omit mentioning massage if it were included in his description for her of all the conditions of this ablution. Because of this, the jurists agreed that the descriptions provided in the traditions of cA*isha and Maymuna are complete descriptions, but what is laid down in the tradition of Umm Salama covers the obligatory essential elements (arkdn), and minor ablution performed before the major ablution (bathing) is not a condition for it, except for an odd opinion attributed to al-ShafiT, although his opinion exhibits some strength derived from the apparent meaning of the traditions The opinion of the majority exhibits analytical strength, for it is obvious that purification is a condition for the validity of ablution, and it is not ablution that is a condition for the validity of purification. This is a case of conflict between analogy and the apparent meaning of a tradition, and al-Shafi Fs method is c to give predominance to the apparent meaning of a tradition over analogy.

A group of jurists adopted, as we have noted, the apparent meaning of the traditions and gave it predominance over analogy constructed upon ablution; therefore they did not make massaging obligatory. Others gave predominance to the analogy of this purification, built upon ablution, over the apparent meaning and made massaging of the body obligatory, as is the case in ablution. Those who preferred analogy made massaging obligatory, while those who preferred the apparent meaning over analogy did not consider massaging to be an obligation. I mean by analogy, the analogy of (this) purification based upon ablution.

There is weakness in the argument based on the application of the term ghusl” to bathing, whether it is with massaging or without it, as the terms “purification” and “bathing” are applied, in the usage of the Arabs, equally to both meanings.

They disagreed on whether intention is included in the conditions of this purification (gAus/), just like their disagreement in the case of the minor ablution. Malik, al-Shafi T, Ahmad, Abu Thawr, Dawud, and his c disciples held that intention is one of its conditions. Abu HanTfa, his disciples, and al- Thawri held that intention is not required, as in the case of minor ablution.

The reason for disagreement on the question of intention is the same as that ln the case of the minor ablution, which has preceded.

They disagreed about madmada and istinshaq in this category of purification like their disagreement in the case of the minor ablution, that is whether they are obligatory. A group of jurists held that these are not obligatory in bathing, while another group considered them obligatory. Those who maintained a negation of obligation include Malik and al-ShaficT, while those who made it obligatory include Abu HanTfa and his disciples.

The reason for disagreement is the conflict of the apparent meaning of the tradition of Umm Salama with the traditions that were transmitted about the description of the Prophet’s performance of minor ablution prior to his purification (bathing), because the traditions transmitted about the description of his minor ablution prior to his purification mention madmada and istinshaq, while the tradition of Umm Salama mentions neither madmada nor istinshdq. Those who considered the traditions of cA*isha and Maymuna as elaborations of the unexplained parts of the tradition of Umm Salama, and also as an explanation of the words of the Exalted, “And if ye are involved in a major hadath, purify yourselves”,59 made rinsing of the mouth, and snuffing of water into the nostrils obligatory, while those who considered ‘ them as conflicting reconciled them so as to construe the implication of the traditions of cA*isha and Maymuna for a recommendation, and the implication of the tradition of Umm Salama as an obligation.

Because of this, they disagreed about the hukm of letting the hair loose, so as to let water reach its roots on the head (lakhlil), whether it is obligatory for this category of purification. Malik deems it recommended, while others view it as obligatory. Those who made takhlil obligatory supported their opinion with the report from the Prophet, “Under each hair is janaba (major hadath), so beautify the skin and let the hair get wet”.

They disagreed on whether a condition for this category of purification is continuous and sequential performance, as was their disagreement in the case of the minor ablution. The reason for disagreement is whether the acts of the Prophet are to be construed as obligatory or recommended. It has not been transmitted from the Prophet (God’s peace and blessings be upon him) that he ever performed ablution, except in an ordered and sequential manner. A group of jurists held that sequence in this category of purification (ghusl) is more pertinent than it is in the minor ablution with respect to the head and the rest of the body, because of the words of the Prophet (God’s peace and blessings be upon him) in the tradition of Umm Salama, “It is enough for you to splash over your head three handfuls of water, and then let water flow over your body”. The conjunction particle “thumma” (then) implies sequence, without dispute, according to lexicologists.