The Distinguished Jurists Primer by Ibn Rushd

The basis of this chapter are the words of the Exalted, “And if ye are involved in jandba, purify yourself’,60 and His words, “They question thee (O Muhammad) concerning menstruation. Say: It is a suffering, so let women alone at such times and approach them not till they are cleansed. And when they have purified themselves, then go in unto them as Allah has enjoined upon you”.61

The jurists agreed about the obligation of this major ablution (full washing) arising from two kinds of hadath (ritual pollution). First, is the flowing of maniyy (this is known as the major hadath) in sound health during sleep, or while awake, both in the case of a male and of a female, except for what is related from al-NakhaT, who did not require bathing for a woman after a wet dream. The majority agreed about the similarity of women to men with respect to wet dreams because of the established tradition of Umm Salama. She said, “0 Messenger of Allah! If a woman sees in her sleep what a man sees, does she have to take a bath?” He replied, “Yes, if she finds moisture”. The second tradition, whose authenticity they also agreed about, relates to menstruation, and requires that bathing be performed, when it ceases. This is also based on the words of the Exalted, “They question thee (O Muhammad) concerning menstruation. Say: It is a suffering, so let women alone at such times and approach them not till they are cleansed. And when they have purified themselves, then go in unto them as Allah has enjoined upon you”. i Furthermore, it is based upon reports of the Prophet’s instructions to ^isha and other women about bathing. They differed in this chapter about two issues that are like basic principles.

The Companions, may Allah be pleased with them, disagreed about the obligation of purification following cohabitation. Some of them said that Purification is obligatory after contact of the genitals, irrespective of the occurrence of ejaculation. This is upheld by the majority of the jurists of the provinces, Malik, his disciples, al-ShafiT, his disciples, and a group of the Zahirites. Another group of the Zahirites maintained the obligation of Purification in case of coition only.

The reason for their disagreement over this issue stems from the conflict of relevant traditions, for there are two established traditions whose authenticity is agreed upon by the traditionists. The Qadl (Ibn Rushd) said: “When I say established, I mean by it a tradition recorded by al-BukharT or Muslim,,or one that is recorded by by both”. One of these is the tradition of Abu Hurayra from the Prophet (God’s peace and blessings be upon him), who said, “If he places himself between the four parts (thighs) of a woman, joining his genitals with hers, bathing becomes obligatory”. The second tradition is from TJthman, when it was said to him, “What do you think of the man who cohabits with his wife, but does not ejaculate?” He replied, “He is to perform (the minor) ablution like he does for prayers—I heard this from the Prophet (God’s peace and blessings be upon him)”.

The jurists were divided into two opinions about these traditions. The first is based upon abrogation, while the second follows what is agreed upon in case of conflict when neither preference nor reconciliation is possible. The majority maintained that Abu Hurayra’s tradition abrogates that of TJthman. Their argument is based upon what is related from Ubayy ibn Ka<b, who said, “The Messenger of Allah (God’s peace and blessings be upon him) granted a concession in the early days of Islam, but later ordered bathing”. It is recorded by Abu Dawud. Those who held that the conflict between these two traditions cannot be resolved through reconciliation or by preference maintained that recourse to what is agreed upon becomes necessary, which is the obligation of purification upon ejaculation. The majority preferred Abu Hurayra’s tradition on the basis of analogy, saying that as consensus has occurred on the point that the contact of the genitals invokes the hadd penalty, it must also be the cause giving rise to bathing. They related that the analogy has been derived from the practice of the four Caliphs. The majority preferred it also on the basis of ‘Aisha’s tradition and her reports from the Messenger of Allah (God’s peace and blessings be upon him), as recorded by Muslim.

The jurists differed about the condition of seminal discharge that gives rise to the obligation of the major purification. Malik took it into account when accompanied by (lustful) pleasure, while al-ShafiT said that mere emission leads to the obligation of purification, irrespective of accompanying sensual pleasure. There are two reasons for their disagreement. The first is whether the term “junub” (being in a state of major ritual pollution) is also applicable to one who is involved in this way, though not in the normal manner. Those who held that it applies only to one who has become ritually polluted in the normal manner, did not require purification upon seminal discharge unaccompanied by pleasure. Those who held that it applies to seminal discharge whatever the manner, made purification obligatory because of it, even when The second reason is the similarity of emission without pleasure with the blood of the irregularly,bleeding woman. They disagreed whether the flow of such blood should give rise to the obligation of purification. We shall mention this in the chapter on menstruation, though it pertains to this topic too.

In Malik’s school there is a case discussed under this topic, which relates to a person who derives pleasure on provocation, but he ejaculates later after the pleasure has subsided (coitus interruptus). If he has bathed before this pleasureless ejaculation, it is said that he has to renew purification, while it is also said that he need not repeat it. The reason is that this type of ejaculation is accompanied by pleasure for part of the copulation, but not thereafter. Those who gave predominance to the state of pleasure said that purification is obligatory, while those who considered the absence of pleasure significant said that purification is not obligatory.unaccompanied by pleasure.