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The Distinguished Jurists Primer5 min readViewed 4 times

1.2.2. Identification of the Factors Causing the Nullification of this Purification


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.

1-2.2.1. Issue 1: Obligation of purification after cohabitation

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.

1.2.2.2. Issue 2: Seminal discharge invoking purification

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.

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Chapters (61)
  1. 12.4. Part 4: Repetition, Delayed Performance, and Prostrations for Forgetfulness
  2. 11 THE BOOK OF (RITUAL) PURIFICATION (TAHARA)
  3. 21.1 Purity from Hadath (ritual impurity)
  4. 31.1.1 The Evidence (Dalil) of its Obligation
  5. 41.1.2 The Acts of Ablution
  6. 51.1.2.13. Issue 13: Wiping over boots
  7. 61.1.3 The Kinds of Water Used
  8. 71.1.4. Factors Nullifying Ablution
  9. 81.1.5. Identification of Acts for which this form of Purification is Stipulated
  10. 91.2.1. Identification of the Acts of this Category of Purification
  11. 101.2.2. Identification of the Factors Causing the Nullification of this Purification
  12. 111.2.3. Ahkam of Janaba and Menstruation
  13. 121.3. THE BOOK OF TAYAMMUM (ABLUTION WITH CLEAN EARTH)
  14. 131.4. THE BOOK OF REMOVAL OF IMPURITIES (NAJASAT)
  15. 141.4.3. The Objects from which impurities are to be Removed
  16. 151.4.4. Chapter 4 The Means of Removal
  17. 161.4.5. Chapter 5 The Description of the Act of Removal
  18. 171.4.6 The Etiquette of fctinja*
  19. 18II THE BOOK OF PRAYER ($ALAH)
  20. 192.1. Part 1: Identification of the Obligation
  21. 202.2. Part 2: The Conditions of Prayer
  22. 212.2.2 Adhan and Iqdma
  23. 232.2.3 The Qibla
  24. 242.2.4 Covering of Private Parts and the Dress for Prayer
  25. 262.2.5 Purification from Filth
  26. 272 2.6 Places Suitable for Prayer
  27. 282.2.7 Conditions Stipulated for the Validity of Prayer
  28. 302.2.8 Niyya and its Stipulation in Prayer
  29. 312.3 The Words and Acts of Prayer
  30. 322.3.1 The Prayer of an Individual who is Resident, Secure, and in Good Health
  31. 3312 3.2. Chapter 2 Congregational Prayers and the Conditions of Imama
  32. 342.3.3 The Friday Congregational Prayer (Juntura)
  33. 352.3.4. Prayers during a Journey
  34. 362.3.5. Prayers under threat of attack ($alat al-Khawf)
  35. 372.3.6. The Prayer of the Sick {Salat al-Marid
  36. 39THE SECOND BOOK OF PRAYER (SALAH)
  37. 403.2 The two Rak^as of the Morning Prayer
  38. 413.3. The Supererogatory Prayers (Nawafil)
  39. 423,4. The two Rak^as on Entering the Mosque
  40. 433.5. Prayers during Ramadan
  41. 443.6 Eclipse Prayer
  42. 453.7. Prayer for Rain
  43. 463.8 Prayer on the two <Id
  44. 473.9. Prostrations of the Qur’an
  45. 48V THE BOOK OF ZAKAT
  46. 495.2. The Kinds of Wealth Subject to Zakat
  47. 505.3. The Nisab and Rates of Zakat
  48. 515.4. The Time for the Payment of Zakat
  49. 526 THE BOOK OF ZAKAT AL-FITR
  50. 536.2. Section 2: The person on whom it is obligatory and the persons on whose behalf it is to be paid
  51. 546.3. Section 3: The categories (of wealth) from which it is obligator)
  52. 556.4. Section 4\ When is zakat al-fitr due?
  53. 566.5. Section 5: Avenues of expenditure
  54. 577 THE BOOK OF $IYAM (FASTING)
  55. 587.1.1.2. Chapter 2 The (Integral) Elements (Arkdn) of Fasts
  56. 597.1.1.3. Chapter 3 Breaking the Fast and Not Fasting and the Ahkam
  57. 607.2 BOOK II: RECOMMENDED FASTS
  58. 618 THE BOOK OF FTIKAF (SECLUSION IN A MOSQUE
  59. 629 THE BOOK OF HAJJ (PILGRIMAGE TO MECCA)
  60. 639.1 The First Category
  61. 649.2. The Second Category