Professional Documents
Culture Documents
FIQH CLASS 1: 4 September 2019: Terms/Intro
FIQH CLASS 1: 4 September 2019: Terms/Intro
TERMS/INTRO
Nur-al Idah = Light of clarification.
Niyaa= intention. Every act should have a “why” or it is useless. Better to do things/actions for the sale of # and as
we are striving to connect with #A, our every action should be done with intention ibadaat.
o Example: Prepare breakfast for kids feed kids so they can learn better and grow up to be better
Muslims. Hadith: Every amal أملis judged according to your intention which must be SINCERE (Ikhlas
)اإلخالص+ proper effort. It’s about acceptance vs. ability.
o Difficulties will/must come as they’re a test from #A so must make effort. Kabuliyat (acceptance). It’s the
basic knowledge of Islam for daily ibadaat.
Fiqh = to have knowledge/understanding. As a subject, is targeted at “intellect and logical reasoning”. Covers
practical things. We have different knowledge and so need to study 2 key areas as need to know what #A wants
from us and how to do it in a way that’s pleasing to #A:
1. Beliefs = Aqa’id = Aqeedah
2. Actions = Amal e.g., zakat, wudu, Hajj, fast, salah. Actions of body and study knowledge of amal.
As Hanafis, we follow “Fiqh ul Akbar” (means knowledge/understanding of the bigger things) which is Book of
Imam e Azam Abu Hanifa (ra). We will study the practical aspects of fiqh. Important to understand that we need
to work on practicing ‘properly.’
o Example: giving a handmade gift with love versus buying something off the shelf.
FIQH DERIVED FROM 4 THINGS (QSIQ)
1. Quran – word of #A imparted onto the #P’s heart. Revealed over 23 years.
2. Sunna of #P – Hadith is the affirmation of speech (Qul) + Actions (Fael) + Silence (Sakoot) which is an
affirmation of #P and the sahaba ikraam ajmaeen and the Tabi’un. The Sunna is #P’s general habits that are
repeated e.g., eating with right hand.
3. Ijma = consensus of scholars, no difference of opinions = agreement on any issue on their own generation. e.g. 5
prayers. Example: all scholars in our generation give a fatwa that TV is haram, then that ruling becomes
compulsory on us.
4. Qiyas = analytical reasoning, to come to a conclusion i.e., apply Quran to a certain problem. Means “if this is
true, then this other thing is true.”
FIQH is NOT DERIVED FROM HADITH!
We are not capable derive a ruling from even Sahi Bukhari as need to be so knowledgeable with all subjects.
When every Ayat came, revealed, why revealed and how it is applied. We adhere to Fiqh derived from QSIQ.
P a g e 2 | 101
Fiqh Notes 2019-2020
Which one is right? For Ahl Sunnah-wal Jamma and both are correct as QSIS principles applied. So should
follow one school, else how to make decisions? People will start to take the easy route.
o Example: Imam Shaafi (ra) says if you wear jewelry everyday then don’t have to pay zakat but not so with
Hanafi. Problem is people pick what’s suitable for themselves.
o Example: In Hanafi Madhhab, if bleeding occurs, wudu breaks. Imam Shaafi says if cut, wudu does not
break. If people with knowledge, they know Imam Shaafi (ra) says running blood has broken wudu. By
picking and choosing, then fatwa shopping.
o Example on Wudu: Situation was battle had just finished and the 2 sahaba ikraam were posted to guard the
camp all night. One became tired and fell asleep. Second sahaba decided to read nawafil salah instead of
wasting time and thought enemy went to sleep. He started praying. The enemy was awake and shot an arrow
which pierced the sahaba while in prayer. In the prayer, he started to bleed but he continued his prayer.
Analysis by both imams:
1. Imam Hanafi (ra) – says the Sahabi and started to bleed, that in such a high state of “khushoo” though
technically wudu is broken. So, he justifies incident and uses other Quranic proofs by saying blood is najis
and therefore breaks wudu.
2. Imam Shaafi (ra) says: he kept praying as wudu was not broken and also makes Quranic references and
says blood does not break wudu. No reference to “khushoo”
Note, rulings were often from the students and extensive number of scholars. It’s a collaboration of many
people over many generations. But the research was extensively done in the first 3 generations of the #P.
We recognize and respect all Madhhabs. We need to pick one and follow as life should be based on one set of
principles. Difference of opinions is a source of unity among us:
o Example: Eid doesn’t have to have it on a single day globally. Principle is for last 1,300 years is to see the
moon. We didn’t have the technology before so can default to reference Sunna, which is always based on
sighting, and if you don’t see it, another day is added.
[New addition 2019]
Quran: Surah Nahl Verse 43, #A says: “Ask the people of knowledge, if you do not know”.
Mashaiks deals with spirituality of hearts / Ulemma certain knowledge of Islam / F
Example 1: H: “If an Imam seeks to eat, feed him.” Doesn’t mean feed food, but refers to when in congregational
prayer and then Imam forgets the words when he’s reciting, then people behind should provide the words/verses.
Example 2: In Quran Surah Baqarah - “Divorced women should keep themselves waiting for 3 Qur’in/periods”.
This is not a clear statement – could be 3 months, 3 menstrual cycles, 3 time periods. Different schools take such
ayats using their methods and clarify for us. Both are technically true, but we need to follow one as we’d go
insane if follow both!
o Imam Abu Hanifa (ra), Quru’in means a menstrual cycle.
o In school of Imam Shaafi (ra), the scholars conclude differently based on their hadith used, and translates as 3
periods of purity (i.e. the timings between the menstrual cycles).
The definition is important as application of this ruling. For example, husband passes away, and woman gets her
inheritance after iddah (3 cycles). Based on both, Imam Shaafi (ra) will delay 15 to 20 days which may
in/decrease the amount. If we’re greedy, then may change the method (due to naafs and shaytan will play with
you) which is wrong, don’t follow taqleeb (=all 4 schools are haaq but process of following one).
Why Follow Hanafi Maddhab?
We tend to follow the rulings of the geographies in which we live so more practical and follow what our parents
followed. Problem in today is people have started fatwa shopping.
o Hanafi areas tend to be the subcontinent – Pakistan, India, Bangladesh and Turkey.
o Maliki – West Africa, Morocco and Libya; western took their knowledge e.g., Sheikh Muratabul Hajj in
Mauritania
o Shaafi – a lot of the Middle East, Yemen, Syria, Jordan
P a g e 3 | 101
Fiqh Notes 2019-2020
P a g e 4 | 101
Fiqh Notes 2019-2020
Example 1: There was a ghazwa/battle, so 2 sahaba ordered to watch over the camp overnight. One of them says
to the other, nothing happening will pray Tahajjud and the other almost sleeping. One arrow hit praying sahabi
and the arrow pierced his body and body started to pour out and sahabi completed the prayer. Now this incident
was recorded into the books of hadith. Both are correct – if one is correct, then two rewards, and otherwise one
reward.
o Imam Hanifa (ra) looks at this hadith along with rulings in Quran and other hadith, the #P had said that
“damm/blood” is haram and najaas so blood breaks wudu. So, Imam Hanifa (ra) said wudu should have
broken and so should have stopped praying – he said, that the sahabi was in such a high state of khushoo, that
didn’t realize he was bleeding so wudu not broken.
o Imam Shaafi (ra) tries to determine whether blood breaks wudu and concluded not and he had also referenced
other hadith.
Previously written:
When the rulings were being derived in the first 3 generations after #P passed way, by the people. Imam Abu
Hanafi (ra), his teacher was a direct descendent of Abdullah ibn Masud (ra). He says he learnt from his teacher,
and his teacher from Abdullah ibn Masud (ra). So, Imam Hanafi (ra) says he does his wudu in a certain way, and
the Quran states only a few ayats. So, he looks at the amal/action of Abdullah ibn Masud (ra), then looks at ayats
and then references the Hadith and understands that the action done is based on his Quranic interpretation.
Imams said:
o #P did his wudu in a certain manner (a) and now applies this action to Quranic Ayat (b) and by adding
together came to a conclusion (c).
NOTE: Most discussion happens between Shaafi and Hanafi, both are extensively adopted, and they have shorter
rulings.
o SB: asked Sheikh Hamza Yusuf. He said the easiest Madhhab for women is the Hanafi Madhhab as
extremely detailed. The Maliki Madhhab are not as extensive.
[New info]
Why are we referring this knowledge as ‘traditional knowledge’? As ilm travels from chest to chest.
When Gibrael (as) first met with #P, he hugged him in the cave and the knowledge travelled between the chests and
transfer of noor between heart. The #P would often hug Umar (ra), Abu Bakr (ra) and others for the knowledge to
transfer. To understand that knowledge travels from heart/heart and chest/chest. You will start to feel the knowledge,
pick up habits and speak the same way.
The people who did not follow the 4 Maddhabs, like Saudi Arabia, and follow the combination. They don’t take the
opinions of the Sahaba. The ground rule of following Ahl-as-Sunna wal-jama’a ppl, is to follow what #P said “follow
what I am on and what my sahaba are on” so take opinions of 7 jurists as haaq/truth as they were the closest to #P and
they knew best, where #P has not established already. There were some matters which arose. Example: #P would sit
on own within masjid, made of cloth within masjid and prayed there. He said “I am so beloved to #P, I am scared that
would make this a fard on the Ummah. Umar (ra) in fact established the 20 raq’ahs after #P died, as needed to uplift
the hearts of the followers and no-one argued about it so accepted.
these goals, but we have to make the effort, so we have to try. And every day is going to be a struggle. Shaytan is
interested in us not succeeding and will target us heavily.
Purity
There are two types of impurity:
1. Major impurity (3 types HNJ): Examples: hayd (menstrual cycle), nafaas (bleeding after childbirth up to 40
days), Janaba (sexual impurity)
2. Minor impurity: Example: passing gas/wind, bleed from a cut, vomiting,
Only 2 things that make people pure:
1. Water (preferred) – Water, by default is a purifier – that thing which is one that purifies.
2. (Clean) Dust (Tayammum) – must be clean, cannot be dirty. Only used if water unavailable
Note: cannot do
tayammum unless water
is unavailable
P a g e 7 | 101
Fiqh Notes 2019-2020
Maun Katheer – large quantity of water contained Maun Khalil – small quantity of
water
Fuqaha defined a pond (standing water) minimum square 10 x 10 Anything less than Maun Katheer
*arms lengths (tip of fingers to elbow) and depth is such, that if you i.e., less than 10 x 10 arms length
scoop water out by cupping hand, cannot see pond’s bottom. *Arm's and when you scoop the water,
length = fingertips to the elbow (48cm) you can see the bottom
o Student was visiting his teacher. They used the pond outside the Approximately less than 210 liters
masjid used for wudu purposes. (qullatayn) of water (Shaafi is 216
If the water is in a circular place, the circumference = 36 arms length liters)
Though if the water is considered as a large quantity of water, and an
impurity falls in — it does not become filthy unless the trait of filth
becomes noticeable therein; and this is the soundest view.
Principles
General principle: If we call something water and we consider it water, then it’s water. i.e., use own discretion
o Example 1: Add rooh hafza has CTS to water no longer water
o Example 2: Add bath oil to water, where taste and smell may change, so not considered water in common day
language cannot use for wudu as two qualities changed
o Example 3: Discretion. Add ONE drop of bath oil, but when look at water and feels like water, where maybe
ONLY smell is there, then it’s water.
Principle: If any impurity/najaas falls into Maun Katheer (large), and it changes 1 quality of water = water
impure/najaas
o Example1: Swimming pool is Maun Katheer (large), if one drop najis (sperm/stool/urine/blood) = CTS does
not change, still pure
o Example2: Swimming pool is Maun Katheer (large), if someone falls in and gashes himself and starts
bleeding into the pool, and water’s color changes = najis as one quality has changed
o Example3: At seaside and it’s prayer time, can use seawater for wudu because sea is a purifier and is a Maun
Katheer (large) and one of the seven water sources
Principle: If any impurity, solid or liquid, falls into Maun Khalil (small), then turns all water impure/najas
o Example: Bucket water less than 210 liters and one drop najis (sperm/stool/urine) and must see that najis fall
into it = water impure, cannot use for wudu ()
- Principle: If put chlorine: it is a pure substance and solid, so viscosity of water doesn’t change so water
remains pure. Chlorinated water = pure
P a g e 8 | 101
Fiqh Notes 2019-2020
- Automatic washing machine: washes once and rinses once, then considered water comes in twice. Be
careful that urinated pants washed under tap separately once so that najis removed, wring it and then put it
into the machine. Best to wash undergarments separately before adding to the load.
- Manual washing machine: clothes washed once. Need to manually remove and wring. If anything, najis
goes in, then will remain najis, then can only be used for “clean” bed sheets. Now if put in 4 bedsheets, all
sheets are now dirty. To fix, need to wash it under water, wring it twice and then in 3 rd time, put it into the
machine.
WHAT IS THE PROOF WE NEED TO PURIFY?
Why do we need to purify? The proofs are:
P1: From Quran, Surah Furqaan – “That we have sent down purifying water from the heavens.” So, water has
been sent for purification.
P2: Hadith. #P says “When anyone of you gets up in the morning, before putting your hands in the pot of water
(maun khalil), wash your hands first because you do not know where your hands slept at night.” Example, a lizard
may have gone over your hand so water will become najis.
[READ CHAPTER OF WELL WATER + LEFTOVER WATER maun s’ur]
ISTINJA
This chapter covers what is necessary to understand what comes before wudu. That is urinating, defecating and how
to clean,
ISTINJA TERMS
That this the chapter of Istinja and that which is required before doing wudu
Istinja = to wipe or wash the place from where the excrement/feces been discharged from.
Sabilayan = Anything discharged from 2 paths/sabilayan, where we defecate (anus) and urinate. Sa-be-lay=path.
3 ISTINJA CASES
Complete the task. After you have passed stool/urine, you must ensure they have stopped AND your mind must be
satisfied that you have finished, and then do wudu. Otherwise you will need to use the facilities again OR you might
have a leakage onto your clothes.
Not permissible to do wudu until mentally satisfied completed. A sunna is when you urinate, you lean to your left side
to ensure everything finished.
RULINGS OF ISTINJA
Istinja can be done by washing or wiping. Note, in the old days, their diets were different so fecal matter tended to be
small and dry, like a goat’s feces.
1. Sunna Mu’akkada (= most emphasized sunna) – When the filth exits from the private part, and it does not spread
past the boundary of the outlet/boundary, then it’s Sunna Mu’akkada (usual practice, if cannot wash then wipe) to
do Istinja (wipe/wash) it
2. Wajib - If filth crosses the boundary and spreads on the skin equal to the size of a dirham coin, then it is wajib to
wash it
3. Fard - If comes out of the boundary and it touches the skin, more than the size of a dirham coin, then fard to wash
it
SB: Do not bathe/defecate facing the Qibla front/back. Makruh Tahrimi (unlawfully disliked)
SUNNA OF WIPING
After passing the filth, wipe first with odd stones and then wash. #P used odd number of stones to wipe, but not used
anymore.
[REF BOOK]
1. Wipe with stones (today use toilet paper acceptable as long as intention) – can do this, and use odd number
P a g e 9 | 101
Fiqh Notes 2019-2020
2. Use odd number of stones – after filth goes out, wipe before washing. Should make niyat of replacing stones with
tissue paper
Practical aspects
Go to the bathroom, entering with left foot and say dua
Ensure do not face the Qibla back/front
Finish when mind is satisfied completed
Wipe with odd number of tissue paper with left hand, which is cleaning - sunna
Now wash, to ensure everything is clean using left hand – sunna
If wipe again to dry, optional – not party of Istinja
P a g e 10 | 101
Fiqh Notes 2019-2020
o Example: Should not question zakat as it’s fard and create grey area and then say “concept of zakat” is bad as
should give more money, like 10% vs 2.5%, and don’t believe, then will go out of the fold of Islam
3. Sunna [Arabic] – opposite Makruh Tanzihi
1. General habits of #P. Different
Sunna Muakkada [Arabic] – is related to worship and those sunna the #P left rarely such as 2 to 3 times in life.
Example: 4 sunna before fard and 2 sunna after zohr; jammat prayers for men; azaan; iqama
o Ruling: If you leave habitually deliberately, then you’re sinful
o If occasionally you miss, then it’s only rarely.
Sunna Ghair Mu’akkada [Arabic] – Sunna also related to worship and are those sunna that #P sometimes left
them. They other than Mu’akkada.
o Example: 4 Sunnas before Isha salah. Giving sadaka or other fasting days like Monday/Thursdays, 13th-15th
lunar calendar, 4 Sunna before Asr prayers.
o Ruling: a) rewardable act i.e. sawaab; b) if leave SGM, no sin if leave habitually
Sunna Zawa’id – related to #P’s worldly general habits with society and cover daily habits, excluded from
worship. Example: eating, drinking, sleeping, walking, talking
o Ruling: Increase one’s spirituality and brings one closer to #A. Not sinful if you leave it.
4. Mubah [Arabic]
Actions that are neutral
o Example: Leaving 4 ra’kahs of zohr once is a minor sin so not blameworthy. But if repeat minor sin
repeatedly, can become major
Rulings:
o No reward, no sin
o Can do this, but not rewardable
5. Makkruh Tahrimi [Arabic] – opposite to wajib
Comes from the word of haram
Denies something is called makkruh tehrimi and is a misguidance, a sin and punishable, but don’t become kaffir
So wrong, held blameworthy for it and opposite of Wajib
We should try to stay away from all Makkruh
o Ruling: Denying a command of MTahrimi is misguidance and it is punishable i.e., is a sin so held
accountable, but don’t become a kaffir
o Example: front/back facing the Qibla; cigarette smoking
6. Makruh Tanzihi [Arabic] – opposite to Sunna
That disliked action which you’re commanded to leave, even though it’s not sinful.
o Example: Leftover water of a cat for wudu; can eat shrimp, but if leave, can be rewarded
Smaller makruh
We should try to stay away from all Makkruh / close second campared with Makruh Tahrimi
Rulings:
o 1. What we have been commanded to leave, even though it is not sinful?
o 2. The one who leaves MTanzihi is rewarded
o 3. But if do MTanzihi, there is no punishment
7. Haraam [Arabic] – opposite Fard
Forbidden, cannot ever do it
Doing haram doesn’t take you out of the fold of Islam. Biggest sin is leaving one fard prayer.
P a g e 12 | 101
Fiqh Notes 2019-2020
o Example: Qhamar, eating pork, backbiting, bribery, cheating, lying, out of bounds anger, jealousy, cheating,
drinking blood, riba, love of duniya (can only wear Sana Safinaz clothes), shirk, hasaad, bribery, zinna. Red
lipstick made from insect
Ruling:
o If do haram, deserving of punishment, blameworthy
[END of CLASS] – next time, start chapter of wudu.
When sin is committed, a black spot added to the heart and ultimately, #P says heart becomes black. Some people feel
they live a robotic life so feel they don’t sin – that’s not possible. Perhaps a veil has been put in front of you! A
robotic life implies that one doesn’t have intentions, then act whether good/bad is redundant. Muslims recognize that
everything is for the sake of #A and so must have awareness. Two points:
1. INTENTION: Must have intention behind everything. Life maybe repetitive, but logically cannot be repetitive.
2. ARROGANCE: If someone thinks they don’t sin, then it’s a form of arrogance, as it is not possible not to sin. We
are not angels as #A gave us choice of being right/wrong. MUST DO TAUBA at the time of sinning, as a form of
spiritual medicine. If do something unknowingly, still a sin e.g. wash driveway is wasting water. #P says you can still
waste water even if you’re at a flowing river. We can sin anytime, anywhere, whether day/night. If you think you
don’t sin, then you have a high arrogance level.
Two types of sins:
a) major sin – Khabayhir e.g., jealousy, lying, cheating, bribery, hasaad (anger), despair, love of duniya for sake of
duniya – like overindulging children to excel in this world vs being a Muslim (and Akhira) to lead him to be a
good human being so humanity will be better
b) minor sin - Sunna Mu’akkada e.g., if miss Sunna prayer sometimes, then ok. But if done habitually, it becomes a
minor sin, and then requires tabuba
Sidebar: Man came to Sheikh sahib, and was about to leave after chatting and then said my oldest son got into Harvard
but said very worried as son may be turning atheist… what’s the point?
ADAB OF TEACHING
Hold questions and comments until given permission to ask.
OLD CLASS NOTES NOT REFERENCED
FARD VS WAJIB
Why is something fard vs. wajib? Reminder: Fiqh from 4 sources: QSIS.
In our deen, there’s something called: Dalalah (Arabic) – interpretation or understanding of something
Qati un Dalalah
Dhanni un Dalahah
Saboot (Arabic) – in Urdu says proof. In Fiqh, it’s source, where it’s coming from.
2 KINDS OF HADITH/SOURCES
a) Hadith Mutawathir – Hadith that has been narrated by so many people, that it cannot be a lie. Fuqaha say it’s
narrated by soooo many people, cannot be a lie i.e., minimum 70 people quote Hadith verbatim. Hadith is from
the tongue of the #P.
b) Hadith Khabural Wahid – that Hadith has less number of people narrating. 3 narrators or less for a Hadith.
Mashoor (3 ppl), Aziz (2 ppl) and Gharib (1 person)
Those ayats are either clear or vague.
P a g e 13 | 101
Fiqh Notes 2019-2020
2 KINDS OF SABOOT
Saboot 1 – Qati as saboot (Arabic)
– Qati means “definite” in Urdu and Arabic. So definite source.
3rd questions – dhani as sabot + dhanni al Dalalah then ruling is not wajib
**CHAPTER: WUDU
Fasal il Wudu hee. Wudu is a worship initself and when people make Wudu, then minor sins are washed away. Two
types of sins classified by the fuqaha to differentiate how to rectify, so when to do Tauba which is for major sins
and not necessary for minor:
1. Major sins
2. Minor sins – if done habitually, then becomes a major sins. Like missing 4 sunna muaqadir salah for zohr, so
becomes kabira sin. If Wudu is done without reciting Bismillah, then minor sins still washed away for the limbs
where water touches (hands, arms, feet, face etc.) BUT if say Bismillah is recited before Wudu, then the minor
sins of the WHOLE body is washed away.
P a g e 14 | 101
Fiqh Notes 2019-2020
5. Hair on face
If the beard’s hair that hangs beyond the face, then not part of the face. Only wash that beard which is connected to the
skin.
6. Cast on arm
If arm broke and there’s a cast plaster on the arm. Then wipe over the cast once and the Wudu is valid.
Hanafi Principle in our Deen = DOUBT DOES NOT OVERCOME CERTAINTY. If you have a doubt in your
head, then you can still be certain.
Example 1: during praying, first versus 3rd raqaat, so go back in mind and go back to point where certain.
Example 2: Whether certain that Wudu is broken. Students of Fiqh should always be in Wudu, unless exception due to
medical reasons.
P a g e 17 | 101
Fiqh Notes 2019-2020
Another Hadith, #P says “Those who do not interlace of fingers in water, then #A will do khilal of his fingers on
the day of judgement”
Sunna #18: Sunna to wipe the back of the neck but not the throat
Do not need to wipe the throat and sides (biddah according to the Fuqqahah.) Some say wiping neck is
“Mustahib” (liked/recommended)
If do more, then changing what’s required
There is no prayer without Wudu. Always encourage children to come to deen with love, versus the hellfire.
P a g e 18 | 101
Fiqh Notes 2019-2020
9. Do dalat of arms - Wash right arm including elbow 3 times then do dalat of left arm including elbows 3 times
10. Masah of the head – wet your hands and then join the pinky finger with the next 2 fingers (separate index finger
and thumb, like OK hand) start with forehead and take to back of head. Now turn fingers around and bring hands
back up and do your sides. Then with index fingers, wipe inside of the ears, index fingers for middle ear and then
take thumbs and move upwards clean back of ear. Make hands wet again and then wipe neck’s bath
11. Wash right foot first with right hand and start at the tip of toes and do khilaal with left hand for the baraqah, and
then dalaat, entirely. Use pinky of left hand if needed to do the toes properly. Make sure your heel! Hadith: A
sahaba didn’t wash his heels so #P said, “Heels that are not washed properly, are the heels for the hellfire.” Ensure
wash ankle as fard. Repeat for left foot and use right hand for khilaal and then dalaat.
Consideration: Use as little water as possible, try to waste less water. Should switch tap off so no wastage. Best to
have a container of water. #P used a mardh of water i.e. mug of water. And ensure clean the bathroom properly –
make sure it’s clean.
P a g e 19 | 101
Fiqh Notes 2019-2020
4. Recommended/mustahib to make Wudu after every sin e.g., backbiting, gossiping, hasaad, jealousy, hit someone,
lied, bribed someone. Before making that Wudu, make Tauba
5. Do Wudu after getting angry – washes away anger
6. Studying of sacred knowledge - Ensure come into class in a start of Wudu – as worship, so will lead heart into
purity. If Wudu breaks during class, go refresh Wudu again.
7. Wash a dead person
8. Do wudu and then do ghusl
9. When wish to recite to Quran
10. After eating camel meat
When praying and pass gas, then prayer not affected. The Wudu is broken, then cannot pray as Wudu is broken. If
this happens, stop prayer, one salam to right then get up and then get up and leave. Then refresh Wudu and restart the
prayer. EXCEPTION: if in the last Rak’ah and completed your Tahashuud, and before start Durood Sharif, then say
salam. Wudu broken, but prayer is intact.
[END OF CLASS]
Add mustahib extras from the book
Read nullifiers of wudu BEFORE coming to class
o Example 2: Constantly passing gas “masood” like medical condition – but needs to make Wudu for every
prayer regardless if Wudu is not broken. Needs to be consistent.
4. Vomit a mouthful of food, water, blood clots or bile (juices created in body or feces that are not absorbed and
instead comes out of mouth) nullifies Wudu, provided the vomit is a mouthful (must be this amount)
o Definition of mouthful = the mouth cannot be shut without difficulty i.e. quantity is so much, then cannot
keep mouth shut
o If less than a mouthful, you have a choice. You can swallow (could have stopped it) it or spit it out, but both
situations is then wudu is not broken. Out of adab only, you should rinse.
o If pregnant, and throw up, your wudu breaks BUT ghusl will not break.
5. If vomits a few times, and the cause is the same, then these several vomits together are called one vomit (in
book, refers to one akariz).
o Example 1: If you feel nauseous, and a little bit bile is omitted and then some hours later vomit again because
of same stomach bugs, and if have 3 vomits but each added together to ONE mouthful, then Wudu broken
o Example 2: If have stomach bug which makes one nauseous and in the morning throws up a little bit. In
afternoon, on the way, have a car accident, hit head and throw up second time. As different reasons for
throwing up, then the second reason is different, so wudu nullified/broken.
6. If one’s saliva is overshadowed by blood, or the blood is equal to the saliva, then Wudu is nullified. If blood is
greater or same than saliva, then Wudu is nullified. If blood is less than, then not nullified.
o Example: if mouth infection or gum disease, but only a small amount of blood, less than 50%, then wudu is
not nullified.
7. To sleep/rest (must be conscious) in such a way that one’s buttocks are not firmly set on the ground and no
leaning of any kind, will nullify the Wudu.
o If sit, then unlikely for gas to emit i.e., in a cross-legged position.
o Example: On a plane, sit down and sleep but won’t break wudu if don’t recline
o But if lie down, then likely gas may emit so Wudu will be broken.
8. If even one buttock gets off the floor while a person is sleeping while sitting down, then this will break the
Wudu. When one leans back, then in a state of relaxation so there’s a chance that gas may emit gas.
9. and 10. Losing consciousness (fainting, must fall) or become temporarily insane (unconscious of world
around you) or drunkenness on alcohol, Wudu is nullified. Dizziness is not a nullifier of Wudu.
11. Wudu is nullified if a person laughs out loudly (LOL) in a prayer and this prayer must have a Ruku
(bowing) and Sajda i.e. all our prayers EXCEPT namaaz al janazah.
o Prayer is actually fine, but Wudu is nullified so prayer is nullified, as laughter is a sign means you have
become heedless of the Akhira.
o Definition of LOL = if person next to you heard you, then Wudu is invalid. Just needs to pray.
o Example: If laugh during namaaz al janazh, then wudu is not broken so wudu is not broken
12. If a man rubs a vagina with his erect penis with a thick screen/cover/barrier (e.g., thick cloth or blanket, but
not a condom or thin cloth) and prevents the warmth of the body, then Wudu is not broken/void.
o Example: Thin cloth so they both feel warmth, then wudu is broken
o Note: If insertion, both man and woman would both need ghusl.
P a g e 21 | 101
Fiqh Notes 2019-2020
**CHAPTER: GHUSL
Ghusl done to remove state of Hasdhar (impurity) Akbar (big) i.e., major impurities. Example Hayd (Arabic XXX)
and Nafaas and Janaba.
Hasdhar Hafsah = minor impurity i.e. come out of Wudu e.g., blood flowing, passing gas
TERMS
Madhi (p67) = pre-ejaculation fluid or pre-cum; a thin clear/transparent fluid released from a man’s private parts
when he is sexually aroused. Madhi does not break Ghusl. Need to do wudu
Kazi = female equivalent of madhi, also clear thin clear fluid like a man and pre-ejaculation fluid. Can come out
due to read/view/think ‘wrong material. Sometimes result of infections and have different colors. Kazi does not
break Ghusl. Need to do wudu
Wadi = white cloudy fluid that is usually released and is thick, warm and has NO smell. Generally released after
urinating for men, and sometimes even before urinating. Wadi does not break Ghusl. Need to do wudu
Mani [meem noon big-yah] = semen, a thick white cloudy fluid and comes out from a private part of a wo/man,
after an erection at the time of climax or sexual interaction. Once mani comes out, then for the man, erection
subsides. Mani is always associated with a desire, doesn’t come out ‘just like that’ when compared to wadi. Also
includes masturbation. For woman, must achieve climax. Ghusl required.
So if a man gets madhi, kazi and wadi are emitting from sabilayeen so need to only do Wudu.
P a g e 22 | 101
Fiqh Notes 2019-2020
Wadi white cloudy fluid that is usually n/a Wadi does not
[wah dahl big- released and is thick, warm and break Ghusl.
yeh] has NO smell. Generally released Need to do wudu
after urinating for men, and
sometimes even before urinating.
Mani [meem = semen, a thick white cloudy fluid and comes out from a private part of a Ghusl required.
noon big-yeh] wo/man, after an erection at the time of climax or sexual interaction. Once
mani comes out, then for the man, erection subsides. Mani is always
associated with a desire, doesn’t come out ‘just like that’ when compared
to wadi. Also includes masturbation. For woman, must achieve climax.
P a g e 23 | 101
Fiqh Notes 2019-2020
1. POINT 1: Ghusl is Wajib - discharge of mani MUST be due to sexual arousal or sexual desire in either a
man or a woman during sleep, or while being awake, then Mani = semen.
Example: Many situations such as dream, fornication, intercourse, fondling, fantasize.
Ahnaf (=follow the Hanafi school) and say prerequisite condition to have sexual desire
o Proof Sura Al Nisa (Ayat 43): #A says: “do not go near Salah while you are intoxicated, until you know what
you say, nor in a state of Junaban/Janaba (one of 3 major impurities = + hayd, nafaas and post-intercourse).”
o Shawafay says ghusl MUST be done, regardless of reason for mani; note shawafay or Shaafis = Shaafi school)
say that if the discharge of mani does not happen due to sexual desire, then ghusl is not required
Janaba = Janaba is a state that is attained after there’s an ejaculation of semen through sexual desire. So, this is a
condition of the mani coming out, due to sexual desire (p64)
o Example: if man struck on head, mani may come out and not due to sexual desire and therefore should not be
required as he is not in a state of junub.
BUT Shaafi madhaab says regardless of any reason for mani, then ghusl is an obligation.
Difference of opinion
Between Abu Hanifa (Rehmatullah rahi) (=the leader/Imam of Hanafi fiqh) and Abu Yusuf (ra) (= beloved
student of Abu Hanifa (ra) and became a huge scholar in his own right)
o Abu Hanifa (ra) = he said desire has to be present at both times then mandatory when the mani separates from
its location of origin. So, origin is somewhere in the body and we don’t know where that point is. So, Abu
Hanifa (ra) travels and flows through the private parts – desire should be present when mani leaves its place of
origin. Therefore, unnecessary that when mani exits body, must have sexual desire at the time e.g., note
discharge can be 30 seconds or 30 minutes later Wajib fatwa on Abu Hanifa (ra)
o Imam Abu Yusuf (ra) = says sexual desire has to be present at BOTH times i.e. when mani leaves at the point
of origin and then exits the body, then sexual desire has to be present when the mani exits the body. We
follow what’s easier for the Ulemma
Example: If man has mani and leaves point of origin but holds private part and then mani does not exit body, then
ghusl still required.
Difference of opinions between two companions/students – Sahabaibain -- of the Imam Abu Hanifah (ra) of who the
Hanafi Maddhab are named [NOTE: Ahnaf = people who follow school of Hanafi].
Imam Abu Yusuf (Rehmatullah rahi) – he said desire has to be present at both times then mandatory
Imam Muhammad (ra)
SUMMARY RULING FOLLOWED: Imam Abu Hanifah said ghusl requirement is – desire/arousal should be
present when the mani separates from the original location i.e. the origin (exits body), and it is travels and flows
from that place. Example: if man holds penis and no mani comes out at that point, but later Mani comes out later, then
still wajib to control desire.
SIDE BAR – Old Notes
Angels do not come into the home for 3 reasons: a) if there’s a picture in the house, b) dog in the house or c) someone
in a state of sexual impurity.
3 level things after sexual impurity:
1. Ghusl is ideal and best. Disliked to step out of house in a state of Janaba. Aim is to become pure ASAP.
2. Not most liked, but at least do Istinja and a Wudu and must do.
3. At least remove sexual impurity and wash hands. But cannot pray if (2) and (3).
P a g e 24 | 101
Fiqh Notes 2019-2020
POINT 2: GHUSL WAJIB: The meeting of the private parts even if there is no discharge, whether from the
front or the back, makes ghusl wajib.
When the head of penis disappears into the front OR the back passage of ANY LIVING HUMAN BEING (e.g.
vagina), then ghusl is mandatory. Note, not mentioned between genders.
The Fuquha deals with haram things but people need to know how to come out of that situation.
Recall, this meeting when the private parts meet, must be without a barrier e.g., condom which is considered part
of the body so not a barrier. The barrier must be substantial and stops the warmth coming through.
o As soon as penetration occurs, then ghusl is required on both human beings.
o Proof of ruling in Hadith: “#P said: “when private parts of the male and the female and the private part of man
(penis) disappears into the vagina, then ghusl is obligatory for both the female and male.”
o If there’s no penetration but only touch each of private parts, then wudu is necessary. So, Ghusl is required IF
mani emits OR there is penetration front/back of living human being
Why is Fuqaha mentioning the back? Intercourse from back is HARAM, so they need to do Tauba and must do
ghusl.
POINT 3: GHUSL WAJIB: The exit of mani due to intercourse with a dead person or animal obligates the
ghusl.
These situations are being addressed within the first three generation of #P. Their study was so intense,
considered. The Fukuha spent a lot of time with ‘potential scenarios’ but other 3 schools said only deal with
situations when they arose and so more Hanafi.
There must be an exit of mani. So, no mani at whatever time, no ghusl required.
Summary: If there is penetration BUT no mani coming out and therefore no sexual desire = no ghusl. Fuqaha is
assuming that he’s not experiencing normal desire, so no mani and therefore no desire and no ghusl.
Point 4: GHUSL WAJIB: If a man wakes up and finds: i) the presence of a thin liquid and (ii) cannot
remember a dream, (iii) provided before sleeping his private parts were not erect, then ghusl is wajib.
3 conditions above required for ghusl to be wajib
NO GHUSL. Opposite: if man wakes up and finds a thin liquid and cannot remember a dream, and his private part
was erect prior to sleeping, then there is NO GHUSL. It was probably then chances it was maazi (pre-cum or
pre-ejaculation fluid as had collected already and does not require ghusl.
Point 5: GHUSL WAJIB: If a person finds the presence of wetness after regaining consciousness (i.e. had
fainted), or after recovering from intoxication after becoming drunk, and he believes it is mani, then ghusl is
wajib.
By Fiqh, he must believe it’s mani, then ghusl is obligatory upon him. If doesn’t believe it’s mani, then not ghusl.
P a g e 25 | 101
Fiqh Notes 2019-2020
7: Inserting a finger into the front or back passage, does not require ghusl
If there is penetration with a finger into a woman’s vagina and a sexual desire is aroused, but if no mani, then no ghusl
required. If the mani exits, then need ghusl. Example: pap smear which inserts finger or instrument, then no ghusl
required but a Wudu would be required
9: Having sexual intercourse with a dead woman without discharging semen, does not require ghusl.
At the time someone becomes Muslim, can be cleaner when converts.
10: If a man penetrates a virgin but does not break her hymen and there is no discharge of semen, then ghusl
is not obligatory.
No ghusl on both required. As this is not called penetration, otherwise hymen would have broken. So, ghusl doesn’t
become an obligation.
P a g e 26 | 101
Fiqh Notes 2019-2020
SUNNA OF GHUSL
1: Tasmiyah on the tongue – to say Bismillahirahmaneer Raheem
Every important act that does not start with tasmiyah will not have baraqah
Should be said BEFORE going into the dirty part of bathroom or when taking clothes off.
P a g e 27 | 101
Fiqh Notes 2019-2020
**CHAPTER: TAYAMMUM
Tayammum means purpose and intention that is the linguistic/literal meaning.
Shariah meaning of Tayammum – if someone does not have water to make Wudu, then the wiping of the face and
the hands on soil which is pure is called Tayammum. In Quran, says “And if you find no water, then you do
Tayammum with pure soil” (Sura Al Maidah, Ayat 6)
P a g e 28 | 101
Fiqh Notes 2019-2020
2: SOME KIND OF SICKNESS AND IF PUT WATER ON SELF WILL MAKE MORE SICK OR
WILL DELAY RECOVERY. SO, DOCTOR SAYS DO NOT DO GHUSL OR WUDU.
Then Tayaummum can be done.
3: IF VERY COLD OUTSIDE AND THE WATER IS SO COLD THAT THERE IS A FEAR YOU
WILL FALL SICK BECAUSE OF THAT WATER
OR YOU MAY LOSE A LIMB BECAUSE OF COLDNESS OF WATER.
Example: Water could cause frostbite like in Canada.
4: NO WATER IN HOUSE AND YOU NEED TO GO OUT FOR WATER AND THERE’S AN
ENEMY OR DEADLY ANIMAL OUTSIDE THAT COULD ATTACK AND EVEN IF WATER
AVAILABLE, CAN STILL DO TAYAMMUM.
5: ENOUGH WATER IN HOUSE BUT ONLY ENOUGH TO COOK OR TO DRINK.
Then can make Tayammum. But as long as water is within one mile radius.
6: THERE IS WATER WITHIN 1 MILE, BUT YOU FEEL YOU WILL MISS AN EID OR
JANAZAH PRAYER BECAUSE YOU DO NOT HAVE WUDU.
These are very short prayers so if lose Wudu during/just before these prayers and then need to go to Wudu elsewhere
and come back, then would miss and NO no khaadah of Janazah or Eid prayers (Ref: Qada’ of Jummah prayer is to do
Dhuhr prayer). Can do Tayammum right there and then. The man could put hands on soil and do Tayammum for less
than 30 seconds and so will not miss the prayers. Cannot apply this to any other prayer as plenty of time to find water
and there’s a qad’ah. Note, if there’s a qad’ah of Jumma prayer, it’s zohr.
P a g e 29 | 101
Fiqh Notes 2019-2020
one direction and still cannot find water, then do Tayammum. Should not make the prayer qad’ah so no reason to
defer.
P a g e 30 | 101
Fiqh Notes 2019-2020
4TH CONDITION – THE BODY PARTS THAT NEED TO BE WIPED ARE WIPED
COMPLETELY, JUST LIKE IN WUDU.
The two portions wiped = face, hands to up to the elbows
5TH CONDITION – THE ENTIRE, OR MAJORITY (50%+) OF, THE HAND MUST BE USED
IN WIPING PROCESS.
So, for the hand, 3 fingers would be majority of hand.
6TH CONDITION – TAYAMMUM MUST BE DONE WITH 2 STRIKES,: WITH THE INSIDE
OF THE PALMS OVER THE SOIL, EVEN IF THE STRIKES ARE FROM THE SAME PLACE.
Process of Tayammum: find an earth substance e.g. dusty location like a tabletop that has not been cleaned in a few
days. Other examples, dusty abaya or curtains. Must then have a general niyaat for tayammum:
After FIRST strike the place with both hands on the place where there is dust, then wipe your face from one ear
lobe to the other lobe (definition of face area) and rub completely until ever portion is covered, including
eyebrows and nose crevices.
Then do SECOND strike with hands on dusty area, then wipe right arm including elbow and then wipe the left
arm including the elbow.
7TH CONDITION – TAYAMMUM CAN ONLY BE DONE, ONCE THE THINGS THAT ARE
CREATING THE STATE OF HADAS DISCONTINUE
Just like Wudu, wait for passing gas/urine/hayd and then start Wudu.
Ref like in istinja, are comfortable have finished urinating
P a g e 31 | 101
Fiqh Notes 2019-2020
[END OF CLASS]
“Oh #P, these women ask you about menstruation. They ask about their disease. And do not approach them until they
are pure again” – from Quran
MANDATORY ACT: Important element of our deen, not form medical, but from deeni perspective. As Muslims,
we must know about them as lots of life is around this topic e.g., fasting, prayer.
o We must make intention of learning as cannot unintentionally miss this. Seeking knowledge is a mandatory
act as a Muslim? Knowledge of fard, knowing about the fard is also important.
o Example: 4 fard = prayer, fasting, zakat etc so we must know all the knowledge. Knowing about purity
therefore is. mandatory on every female on the ruling of im/purity.
P a g e 32 | 101
Fiqh Notes 2019-2020
BASIC TERMINOLOGY
Hayd = menstrual cycle. Menstural bleeding from the uterus that has come out from a baghooliat. Not caused due to
any disease, wound accident or sickness AND she is not pregnant.
Istahada – also blood from the uterus, and not mensturation as per our shariah and this bleeding is happening due to
another reason, but still uterus bleeding.
Baligha definition: 1. Girl who is 9 years old or over, but lunar years (always use lunar); 2. She sees uterus blood and
the bleeding follows the pattern of hayd. She is now mature. And all rulings are farayd. Now her book of deeds have
started as she is now a mature person. All Islamic rulings are fard on her, ghusl, prayer etc is now mandatory on her.
Pattern of hayd: 1) The minimum 3 days of bleeding = 3 days + 3 nights = 72 hours. Does not mean continuous
bleeding, it means at least spot during that time. 2) The maximum is 10 days/night = 240 hours.
Dumm (H): This is blood from hayd
Dumm Haqqiqi (B): Can see the blood, any color except white. Can be brown, yellow, red, dark brown, green. Need
to see first blood starts, then that’s when the chart should begin. Then start counting ‘real bloods’ and ‘dumm
hookmi’ between two real bloods (below) provided they come less than 15 lunar days apart & same time .
Dumm Hookmi (D): As if it bleeding, ruling-wise, but actually no blood. In Shariah, you’re considered bleeding.
Means the “no blood” between two bloods if they are talking about the 10-day group.
If the real blood and dumm hookmi and until next blood seen, is more than 15 days, while the 10 days are still not up,
then use the current month’s hayd cycle. Only issue happens when real blood or dumm hooqmi exceeds 10 days, then
we’ll return back to our previous month habit.
Mustahada – (woman in a state of istahada) women who always has B and Ds, like never gets purity between two
days between two Bs. Majority fatwa, is first 10 days of the lunar month are hayd, and the rest is purity e.g., 1 st to 10th
Muharram, then go to 1st of Saffar. She is a normal pure person, can have a sexual relation with hubby, can pray and
fast. The only thing is she is in the hookam in the terminology is Maddud. So when the time of prayer starts, she
makes a wudu. So because she’s spotting on/off from uterus, so that spotting will not break her wudu as long as she
did a new wudu at start of prayer time and can pray/read Quran. Note: other conditions for breaking wudu such as
having gas, will still break wudu. As soon as the next prayer time starts, then need to do wudu again.
When calculating chart
When is real bleeding? Must see blood with eyes and at that time, it’s a start. Between two real bleeding is less than
15 days, then consider all of this as if you have bled (dumm hooqmi).
Then after that, count the days. If after that dumm hooqmi or real bleeding finishes last day, then it’s period day. If it
exceeds the 10 days, then can see what was previous habit and count the rest as period, and the rest is called
“Istehadah”. She only need to do wudu at the time prayer starts.
When we said that the 10 days, example:
Bleed = 1,6,12 and rest is no bleed.
Between 2 B’s not more than 15 days so all considered as 15 days. So bled from 1 st to 12th. The max number of days,
though, can be 10 if she does not have a habit. However, if she has a habit, then we consider 7 th is her habit and from
8th onwards, there’s Istahada for 4 days.
If previous habit was 10 days then it’s like she bled and then 11 th and 12th was istihada.
Now because she bled after 10th, so from 13th onwards she’s istihada. So if 15 days have passed and the next cycle
start,s means not itihada anymore. Any spot, then have to do wudu.
New case: She does not exceed 10 days, but bleeds in between
P a g e 33 | 101
Fiqh Notes 2019-2020
She never bleeds until after 15 days past. Only if D+B is over 10 days, then look at last month. So on 10 th day, must
look at previous habit.
If last month, her habit was 4 days and this month is 4 as well. Then one whole prayer time, don’t see prayer time i.e.
fajr of 4th to zohr has no blood which is one prayer period time, so from fajr to zohr and don’t see any color even on
toilet paper, so do faryd ghusl. If time to do ghusl in 3-4 minutes and say bismillah 3 times, then should pray. Keep
praying but then on 9th, see blood and as within 10th, considered a period. So now, have 2 options:
a) Option 1 - If sure will get a spot – pray. If come to 11 th, definitely have to pray. You do have to do ghusl after
10 days. 9th and 10th are option top pray, after 10th its compulsory. d
b) Option 2 – if always spot on 9th and 10th, then still need to pray
Note – if done within 10 days, and 15 days purity, then this is the new hobit.
MORE EXAMPLES
Use case for dumm hookmi
1 2 3 4 5 6 7 8 9 10 11
B N N N B N B N N N
B D D D B D B - - -
H H H H H H H
Within the 10 days graph, there are two days of real blood. So between 6 and 8, there’s a D
B+D = she was in hayd first day. Simple case as can see the real blood
Hayd has to be 3 days.
1 2 3 4 5 6 7 8 9 10 11
B N N N N N B N N N
B D D D B D B - - -
H H H H H H H
If any one day within the 10 days, and any spotting, then all the days inbetween are considered dumm
1 2 3 4 5 6 7 8 9 10 11
B N N N N N N N B N
B D D D B D D D B -
H H H H H H H H H
Ideal case
1 2 3 4 5 6 7 8 9 10 11
B N B N N N B N N B N
H H H H H H H H H H -
H H H H H H H H H H
1 2 3 4 5 6 7 8 9 10 11
B N B N N N B N N N N
H H H H H H H H -
H H H H H H H H
1 2 3 4 5 6 7 8 9 10
B N N B N B
H H H H H H
11 12 13 14 15 16 17 18 19 20
21 22 23 24 25 26 27 28 29 30
B B B
H H H H
Between 6th and 25th see blood, then between the two B’s, it’s purity AS MORE THAN 15 days and nights, so it’s
disconnecting the two cycles.
1 2 3 4 5 6 7 8 9 10
B N N B N B
B D D B D B D D D D
11 12 13 14 15 16 17 18 19 20
B
D D B
21 22 23 24 25 26 27 28 29 30
P a g e 35 | 101
Fiqh Notes 2019-2020
If last month, bled for 5 days, then only 5 days. Then 15 day breaker.
Need to put formula, within 10 days if anything is finishing or not. And you get 15 days of purity. [habit cannot be 12
days as maximum is 10 days] Every bleeding is not pure.
Next case –
First 3 months are all messed up.
Month 1
1 2 3 4 5 6 7 8 9 10
B B B
D D D D D D D D D D
So 1st to 10th is hayd
11 12 13 14 15 16 17 18 19 20
21 22 23 24 25 26 27 28 29 30
B
1 2 3 4 5 6 7 8 9 10
B B
D D D D D D D D
Still has 10 days of bleeding
11 12 13 14 15 16 17 18 19 20
B
D
21 22 23 24 25 26 27 28 29 30
Month 3
1 2 3 4 5 6 7 8 9 10
B B B B B B B
D D D
11 12 13 14 15 16 17 18 19 20
21 22 23 24 25 26 27 28 29 30
P a g e 36 | 101
Fiqh Notes 2019-2020
Month 4
1 2 3 4 5 6 7 8 9 10
B B B
D D D D D D D
11 12 13 14 15 16 17 18 19 20
B B
I I
Because habit was always
21 22 23 24 25 26 27 28 29 30
Month 5
1 2 3 4 5 6 7 8 9 10
B B B B B
D D D D D
11 12 13 14 15 16 17 18 19 20
21 22 23 24 25 26 27 28 29 30
1 2 3 4 5 6 7 8 9 10
N N B N N N B N B B
P P H h h H H H H i
11 12 13 14 15 16 17 18 19 20
B B B
I I i
21 22 23 24 25 26 27 28 29 30
1 2 3 4 5 6 7 8 9 10
B B
D d D D D D D D D D
11 12 13 14 15 16 17 18 19 20
1 2 3 4 5 6 7 8 9 10
B B B
D d D D D D D D D D
11 12 13 14 15 16 17 18 19 20
B
PRACTICAL IMPLEMENTATION
That their heart is attached to the next prayer will get the shade of arsh on DOJ.
When calculate timing, use prayer for the timings. So if you were about to pray fajr, then count next 3 days. So if
12pm Friday, then 12pm Saturday, 12pm Sunday and then 12pm Monday is 3 days and need to pray. We are therefore
counting by hours. Note, habit can change in 10 days. Come back to previous habit when dumm haqoomi and dumm
haqiqi is more than 10 days.
Example 1:
Say habit is 7 days last month
This month bled on, 1, 14
Damm hooqmi between is 13 between. After 7th, do ghusl and keep praying. You should worry about the next period
after the days. So on the 14th, it’s istihada.
Example 2: 1st time started period
Bleed on 1st, 6, 7, 9, 14, 15, 18, 19, 20
D+B = hayd. So, she has no habit form before. Even though counted 20 days. Between 9 th and 14th there are no
breakers. So as she just started, hayd is first 10 days. Everything from 11 th to 20th is now Istihada (purity).
Example 3: same as above, except add bleed on 30th
Makes no difference because istihada until 30th.
Starting from hayd has to start from B, when bleed again.
Example 3b: cont.
D+B = hayd if equal to 10 days. Only because her habit was 10 days from previous cycle, then count that 10 days are
D. If D+B exceeds more than 10 days, then go back to habit.
Example 3c:
P a g e 38 | 101
Fiqh Notes 2019-2020
ISTIHADA / MUSTAHADA
Can do anything as long as as do wudu. In hayd, cannot even recite Quran, not allowed!
What if habit 5 days and stop bleeding at 4 days?
She should not have relations with husband until habit days have passed, not permissible. As chance. After habit days
pass, she can only have relations after 5 days. She should read namaaz after 4 days if that’s when her period stopped.
If stop bleeding in 1-2 days, do not have relations until after 3 day. If start spotting within 10 days, then still hayd
timings. Don’t risk within 3 days.
If fasting and then period started, then should honour the fasting and not eat/drink
If stop bleeding in Ramadan at night, then even didn’t time to do ghusl, had to fast. Esp after 240 days, then pure
anyway.
Cannot do
P a g e 39 | 101
Fiqh Notes 2019-2020
Not permissible to enter masjid, tawaaf of Kaba, neither touch/recite Quran. However, if Quran is in an external
cloth/wrapper, then holding Quran is ja’iz (permissible) but not reciting. You can recite duas already in your habits,
can be recited e.g. 4 Quls, travel dua. For tajweed for scholars, the hifza can recite as long as breaks the ayat. Cannot
recite Quran even by breaking the ayat.
Anything which has more than 50% of Quran with text, cannot hold. So translation and footnotes in another language,
then can touch it in hayd. BUT CANNOT touch the Arabic. If more than 50% still mushaaf. But the 50% have to be
in another language.
When in hayd – recommended, we should still do wudu as gets rewards. Hookman wudu. Can sit on jahnamaaz and
still do 5 times/day to keep our routine. So do zikr. Will find peace doing that. It’s not a vacation from zikr of #A.
Not awjib or fard.
1 2 3 4 5 6 7 8 9 10
11 12 13 14 15 16 17 18 19 20
21 22 23 24 25 26 27 28 29 30
BASIC CASES
------
ISTIHADA -
1. Definition Istihada: discharge of blood that stops in less than 3 days or is in excess of 10 days.
2. The excess of blood after 40 days of nifaas (childbirth).
3. If a female sees blood before age of 9 years old, also Istihada
4. If see blood in pregnancy, it’s Istihada and need to continue to pray.
5. If you see blood due to a sickness or after menopause or after the age of 55 years old, then considered Istihada
Mustahada = woman who goes through Istihada
Ma-a-zoor = disabled or handicapped, we mean someone who is excused. It’s a condition in which you cannot
maintain Wudu long enough to pray one fard salah in the period of that prayer. Could be an old/new condition. They
cannot stop uzur/excuse period and cannot pray salah in entire period. Other conditions: nosebleed, breaking wind.
P a g e 40 | 101
Fiqh Notes 2019-2020
RULINGS OF ISTIHADA
When a person goes into Istihada, then she goes into condition of being mahzoor – a female who is now bleeding
continuously, throughout the whole prayer time and she’s unable to pray fard prayer. For a person going through
Istihada, s/he will do Wudu for every prayer time. NOT for every prayer.
Example1: Person gets a nose bleed, and asr starts at 3.45pm and ends at 5.45pm, for the entire asr prayer time the
nosebleed continues and there’s no break in-between to pray as Wudu is breaking, so now he is categorized as
mahzoor. He will make Wudu at beginning of the asr prayer time and this Wudu will last him for the entire prayer
time. And through asr time, he can pray whatever prayer (fard, nawafil, khadah) he wants as long as his nose keeps
bleeding. As soon as asr time finishes, will make Wudu again for maghrib as uzur/excuse is constant and hasn’t’
finished.
Example 2: One condition, when you’re mahzoor, like cannot stop breaking wind. Unable to find a time in which one
has to pray 4 rak’ah of Dhuhr. Condition starts 12pm – when do this 3 times and cannot stop. So now do Wudu with
niyaat as mahzoor and then go ahead and do any worship e.g., pray, qada’, read Quran. At 3.30 pm still mahzoor, so
need to immediately do Wudu for every new worship. At maghrib time, and reading Quran then realized that reading
for 30 minutes and not breaking wind and Isha time comes, the uzoor has finished. Now bank to normal must have
Wudu for every worship did. Another scenario, while reading Quran, nose starts to bleed so now different uzur is the
nosebleed. It could stop in 5 minutes. The Wudu breaks your Wudu and requires for nosebleed. So do Wudu again
as the uzur/excuse is different.
The bleeding of the nose will break your Wudu
MUTAHAAR MAH
One who does’t have a habit or forgotten. Shod have a diary that is’ in you rbooks. FI forgotten our habit, thenyou’re
a mutahaqa doesn’thave. 2 kinds:
Mumayazar – comes from the word tahmeez. Means she understands what is right/wrong. The one who can
differentiate between what to differentiate what is good/bad. She sees some blood after . She cannot determine
the difference between hayd and istahad
Ghair Mumayazar – cannot differentiate. She is a mutahayazar so cannot decrease from the 10 days. Needs to do
khad dah of all things missed or if incorrectly. She waits as she cannot differentiate. So that’s why yu need to
be a muktadar – track all your.
o Example: for muktahayara (cannot remember habit) and due to medical reason she bleeds for 30 days so
what is hayd? Fuqaha said first 10 days of month are called hayd and the rest 20 days are istiqda
o Example: woman with habit of 7 days. Then 7 days is hayd and 23 days of Istihada
PART 2
How menstrual cycle affects different parts of our lives in divorce, inheritance, iddah etc.
P a g e 41 | 101
Fiqh Notes 2019-2020
Blood in menstrual cycle, can be green/brown/streak/red/yellow/dark colour fluid during the day she’s supposed
to get the cycle is considered hayd, counts as bleeding. The reason is because A’isha (ra) said “anything other than
pure white is hayd”. She would say “don’t be hasty until you see white.” Ref book page 96
Hayd does not have to be 3- or 10-days continuous bleeding.
Example 1: hayd
Bleed= 3,4,5,6
Clear=7,8
Bleed =9,10,11
Have you bled for the minimum time period? Bled for 4 days so hayd has started.
How many are maximum days of hayd? This is less than 10 days
This whole period from 3rd to the 11th is hayd. So, 9 days of hayd
Example 2: hayd
Bleed= 2,3,4 (do not pray)
Clear=5 (not pray as still in hayd as bled
Bleed =6,7
Clear=8,9
Bleed=10,11
Have you bled for the minimum time period? Bled for 3 days so hayd has started.
How many are maximum days of hayd? This is 10 days
This whole period from 2nd to 11th is hayd. So 10 days of hayd
Example 3
Bleed=5,6
Clear=7,8,9,10,11,12,13,14
Bleed=15
Have you bled for the minimum time period? No Bled 3 days within 10 day period so Istihada.
How many are maximum days of hayd? This is 11 days
This whole period from 5th to 15th Istihada as more than 10 days
RULINGS OF ISTIHADA
When person goes into Istihada, he goes into the condition of Istihada during the entire prayer time and cannot pray
fard prayer and is known as mahzoor. They will do Wudu for every prayer time vs. every prayer. Example: person
gets nosebleed at 3.45pm and end ast 5.45 pm, so during the entire asr time, is categorized as and so will make Wudu
at beginning of asr time and will last him for the whole prayer time and through during asr, he can pray anything he
wants with his one-time Wudu. As soon as asr time finishes, will make Wudu again. This will be for the entire time
for asr time.
Scenario 2: going through condition is mahzoor. At 12pm, broke wind, stood up to do Wudu as mahzoor and will go
ahead any prayer, read Quran or anything else.
P a g e 42 | 101
Fiqh Notes 2019-2020
OLD NOTES
b. HASSAN TALAAQ or TALAAQ ul SUNNA (but not referring to #P’s Sunna) – (Arabic) a good divorce. The
husband pronounces the divorce at three separate times during 3 periods of purity. In this case, when the Iddah is
over, then her divorce is complete and she is free to marry again.
c. TALAAQ ul BIDDAH – (Arabic) The most disliked form of divorce and is a sin/blameworthy divorce way and
will be held accountable. Man divorces wife with 3 pronouncements of talaaq during a single period of purity.
These three pronouncements can be together, in one go or over a period of ~21 days of purity.
[Recording is missing]
Three kinds of women for menstrual cycle:
1st kind of woman: Muktadiya = first menstrual cycle, at least 9 years of age
2nd kind of woman: Muaktada = the one who has a habit, has a regular menstrual cycle i.e. from the previous
month only. It’s not always constant, it can change.
3rd kind of woman = Mutahayara = the one who does not have a habit or has forgotten her habit. She hasn’t had a
hayd in a long time. We should have a diary in which we write down when had hayd so know how long it came
from. Then have to know your habit for any situation. Always keep track!
Two kinds:
P a g e 43 | 101
Fiqh Notes 2019-2020
Mum from the word tameez, which means ‘understands what is right and what is wrong.’ She
ayaz can differentiate whether this is hayd or not.
ah Example: woman sees blood after intercourse, a mumazah knows that is not hayd so she
can do ‘tameez’ between what is/not hayd.
Ghai She cannot do tameez, cannot differentiate between hayd and Istihada.
r
Mum Example 1: she’s forgotten her habit so if she bleeds for only 2 days so she has to wait for 8
ayaz more days to determine whether hayd or not. She will not pray from days 3 to 10 and after
ah then, she will really not hayd so has to do qada’ of all 10 days. If she prays in-between, and
it is hayd still, then she’d be considered a sinner so need to do tauba. And also sin if at day
10 realize that it’s not hayd then missed prayers for the entire period so avoid being a
mutahayaara.
Example 2: if she’s bleeding for all 30 days (medical condition), then the first 10 days are
hayd, and the next 20 days are Istihada but ruling for a muktaharaya. She falls into a
category bleeds all 30 days and next 20 day.
Example 3: 30 days bleeding. But now she’s a muktadah (habit) and her habit is 7 days.
Then 7 days hayd and 23 days of Istihada.
P a g e 44 | 101
Fiqh Notes 2019-2020
Condition 5: No tie
Must hold onto the feet without being tied. But can still have laces.
P a g e 45 | 101
Fiqh Notes 2019-2020
Condition 6: Water-resistant
Must prevent water from reaching the skin. The quality of leather is water-resistant, and not waterproof.
DURATION OF WIPING
Condition 1: A resident can wipe footgear for 1 day and 1 night i.e., 24 hours whereas a traveler can wipe upto 3
days and 3 nights i.e., 72 hours. This period starts after time Wudu breaks AFTER put on the footgear. Example:
Make Wudu at 12pm (washed feet) so wear khuffain and now pray with khuf and break Wudu at 3pm. Now, your
time will now start will khuffain. Now do Wudu without washing feet
Condition 2: Cannot take off the khuffain, must be worn continuously. The wiping is then invalidated i.e. will
need to wash feet again to put khuffain back on and continue with Wudu.
CHANGE RESIDENT/TRAVELER STATUS
From resident to traveler (vice versa) while wearing khuffain. If traveler have to do Wudu, start travel and wipe over
khuffain.
If resident becomes a traveler – 1. then he will make Wudu; 2. Put on khuffain; 3. If Wudu breaks at 10am on
Monday; 4. At 8pm he becomes a traveler; 5. His duration now is from 10am Monday until 10am on Thursday
i.e., 72 hours from starting from when the Wudu broke
If traveler becomes a resident – his time period will reduce to 1 day and 1 night. So, if traveler was out for 2
days and 2 nights, so his wiping invalidated so he has to take off his khuffain and time of wiping is now
invalidated. Scenario: you are a traveler, planned to travel for 72 hours but ended up returning as a resident within
24 hours, and had time leftover, then need to consider e.g., left at 8am, Wudu broke 10am, then Wudu wiping
valid until 10am next morning. Now, need to remove khuffain and wash feet (assuming still in Wudu) and put
khuffain back on again.
PORTION OF THE KHUF WHICH OBLIGATORY TO WIPE
Obligatory to wipe (ma’sah) the area minimum equivalent to the three smallest fingers of the hand over the top part
of each foot. Wet hand and start from the toes and move hand backward on the top with the fingers spread. Some
points:
1. Do not wipe beneath the khuf
2. Wiping is not on the back or the side of the foot
3. Wipe only once, not Sunna to wipe more than once
P a g e 46 | 101
Fiqh Notes 2019-2020
4. When period for wiping expires, wiping is nullified, as long as one does not fear of losing foot due to
intense/extreme cold. In this case, can keep khuffain on until safe to remove. Can keep wiping over the khuffain.
o If the period of wiping expires, while one is praying, then prayer is void. Example: If in doubt before prayer
time, then should wash feet before prayer time starts.
THOSE THINGS NOT ALLOWED TO WIPE ON
1. Turban – for wiping off for head
2. Cap
3. Headscarf or veil – note for Ummrah and within, you can wipe under scarf
4. Gloves, sleeves
EXCEPTIONS: BANDAGE/CAST/SPLINT
1. If impossible to take off bandage/splint/cast, OR if you feel that water or washing will damage the wound/‘hurt’
that may aggravate it or make you more sick, then can wipe over it (ma’sah) once
2. If there 2 bandages and some exposed skin between them, then “wipe” over the entire area, including the bare
skin, and not needed to ‘wash’
3. There is no time limit to wiping over the cast/splint for being in the state of Wudu
4. You don’t need to be in a state of wudu BEFORE/WHEN you put on the cast/splint (different for khuffain when
you need to be in wudu)
5. It is permitted to change one’s bandage for another, and do not need to repeat wiping on the new bandage for
Wudu i.e., Wudu is valid.
6. If someone has put an ointment over an injury, he can wipe over the injury. If cannot feel like wipe over, then can
omit that body part. Example: Apply Burnol cream over a section of the hand so can skip over the area
7. There is no niyaat (intention) needed to wipe on the khuffain, or on your splint or on the head. i.e. areas you
usually wipe on. This approach of niyaat is different for Tayammum {For Khuffain and ma’sah no niyat is
required as it’s sunnah)
END OF CLASS
Exam will cover upto page 120 / short questions and multiple choice.
2 NAJASA CATEGORIES
1. Najasa haqiqiyya (Arabic) – Real or a true najasa and referred to as Khubth (real).
o Example: urine, wine, blood, stool, puss, vomit that is a mouthful.
2. Najasatil hukmiyya (Arabic) – Legal najasa, so may not see it, and referred as hadath
o a). Hadaas Akbar which requires a Ghusl i.e., hayd, Janaba and mani)
o b). Hadasah Asfaar requires Wudu after e.g., blood coming out, puss, sleeping
2 TYPES OF NAJASA (FILTH)
Based on amount of filth so need to know which filth needs to be washed and what can be permitted to remain on our
clothes so we can still pray in it.
P a g e 47 | 101
Fiqh Notes 2019-2020
droppings of a chicken, duck or swan and whatever discharges from a person’s body which nullifies the Wudu e.g.,
flowing blood, sperm, madhi, mensural period, postnatal bleeding an vomit that is mouthful etc.
SOME NOTES
Eating a horse is Makruh – not because its meat is unlawful, but an animal of honour as taken for jihaad (battles)
Birds – ref book on fecal matter on birds. See page 117 for the following in Table 1.
Edible – flying birds – pigeon/sparrow (excused) vs non-flying – turkey/chicken (heavy filth)
Non-edible birds -- flying birds – eagle/hawk (light filth) and non-flying birds (heavy filth)
Urine of animals. See page 117 for the following in Table 2.
Predatory animals – fox, wolf and lion (heavy filth)
Non-predatory animals – sheep (light filth)
Abu Hanifa (ra) considers horses, mules, donkeys and cows as heavy filth BUT the Sahabaeen (2 companions
& students of Abu Hanifa ra – Abu Yusuf (ra) and Abu Mohmd (ra) say they are light filth because of general
necessity as streets are filled with them and almost impossible to avoid. Note story: went to the city of Basra
and saw so much and could not avoid.
RULINGS OF FILTH
1. Excused
Even if have light filth on body/clothes, can still pray with it but better to remove it.
Process on how to determine. Example: Entire sleeve drenched in blood. Heavy filth so more than a dirham
coin and will not be excused.
Step 1: Determine if filth is heavy (dirham coin) or light (1/4 clothing)
Step 2: Solid or liquid (but same)
Step 3: Apply ruling
PRINCIPLE
Principle 1: Filth does not transfer when it is dry, generally only when it’s wet. Refer p. 109 regarding cloth.
P a g e 48 | 101
Fiqh Notes 2019-2020
Example 1: child urinates in his clothes, now clothes becomes dry. Now put these clothes with other clothes. In
this case, filth will not transfer as it’s dry
Example 2: child urinates on bed, and the bed is dried. Now sleep on the bed, clothes and body do not become
filthy and so remain pure.
Example 3: child urinates on bed, bed becomes dry and you sleep on it. At night, sweated and bed became damp
so now filth has transferred onto clothes AND there were TRACES.
HOW DETERMINE IF CLOTHES HAVE FILTH ON THEM? CERTAINTY VS.
UNCERTAINTY
General principle is if the traces appear on your body or clothes.
Definition of traces = Changes in 1. Color; 2. Taste; 3. Smell.
If traces of filth appear on body or clothes, considered impure. So, if can wash, then do wash it. Then follow the
rulings whether can be excused or not to determine if can pray
Scenarios
Example 1: child urinates on bed, bed becomes dry and you sleep on it but knew it. At night, sweated and bed
became damp so now filth has transferred onto clothes. Regarding certainty – if no change in smell/color/taste –
now clothes don’t smell have urine on them, then clothes considered pure.
Example 2: If go to the park and get soil on feet, there was urine in the soil but the sun dried up the urine. If have
wet feet, and you step on the soil, and the soil becomes wet then feet will become impure as look for traces. If can
tell there was urine, then considered impure. If no traces, then impure. Depends on traces.
If there’s urine on the ground, and the ground becomes completely dry, then this is considered pure. Can pray on
this ground!
Example 1: child urinates on the sand in some corner. Cannot use soil where child urinated to do Tayammum. If
after 2 days, other people use that area, and cannot see traces, then considered pure.
Scenarios cont.
Q1: Does a dry clean cloth become impure if wrapped in a filthy damp cloth, and not squeezed?
A: Is dirty only when the wet filthy cloth drips when squeezed. So even when something is damp, it must drip
unless there are traces.
Q2: A damp filthy shirt but not dripping and put into the laundry basked with dry clothes. Do the rest of the
clothes become filthy?
A: No because the filthy shirt was not dripping. So filthy substance does not transfer.
Q3: If there’s a dripping filthy shirt and put it with dry clean clothes in the laundry basket, do the rest of the
clothes in basket become filthy?
A: Yes, as dripping wet shirt so dirt/filth transfers to the dry pure clothes.
o [Ref book p112 para 5] A wet cloth does not become impure if it is spread out on dry unclean soil such as
dried urine, and the earth has become damp through the wetness of the cloth. Example: if someone urinates
on the ground and an hour later it dries, it will not harm a person to lay down his garment on that specific
area; even if the floor becomes wet because of the garment.
P a g e 49 | 101
Fiqh Notes 2019-2020
o A cloth does not become impure if it has been struck by a wind that has blown over some filth, unless the filth
becomes visible/traces on the clothes. In other words, if a wind blows over some filth and thereafter blows
over items of clothing or the like, the clothes are not deemed filthy or impure unless the filth is evident on the
items.
HOW TO PURIFY FILTH?
Up to know, different types of filth, light/heavy filth, najaasata huqmiyya and haqiqiyy and covered different
scenarios.
2 kinds of filths related to purification: Invisible vs. visible filth
1. VISIBLE FILTH – purified by washing it even once, as long as the filthy substance is removed. Can be
determined by when the water running out of the cloth is clear, then filthy substance is considered removed.
Example: blood on sleeve, when water runs clear, then the blood has been removed, even if the stain remains on
the cloth. Reminder: Water is the purifier, not the washing detergent and is not needed.
2. INVISIBLE FILTH – cannot see, whether garment or bedsheet. Must be washed and rung three times. Wash
means run water through it until it becomes clear. Then wring it, then put under water and then wring and then
repeat.
Liquid purifiers
Najasa, whether in/visible, can be purified by the body with the clothes with:
a) Water - ONLY water can be used to najasatha huqmiyy (cannot see) then can only be purified with water
b) Any liquid that removes filth e.g., vinegar, rosewater. Note detergent needs water. Cannot do Ghusl with these
items. Anything with najasa haqiqiyya (real i.e. see it) then can use liquid purifier.
Khuffain
If khuffain some kind of feces (solid but moist) on them, then can be purified by rub clean soil until the filth is
wiped off and dry
Swords/metal/ceramic objects
Are purified by wiping them. Example: filth on decoration piece, can be cleaned by soil or cloth. Proof is sahaba
did not wash them as they would wipe their swords, hang on them and then pray. (But logical they don’t have the
capability of absorbing anything).
Pray on ground with urine
When traces of filth disappear on the ground such as the color and smell of urine, and the ground becomes dry,
now the prayer is permitted on that ground as the earth is considered “paak” (pure) so don’t need a jahnamaz.
Tayammum using soil with urine
In terms of tayammum, must be done with pure soil. If know that place had urine on it, cannot use that soil for
tayammum even if becomes dry.
Maani (visible filth)
When it becomes dry, is purified by scratching it off once it is dry, both the clothes and the body for both wo/men.
This is from Hadith, as #P purified his clothes at least sometimes.
If wet maani – needs to be washed with water until water runs pure
PURIFY HIDE OF A DEAD ANIMAL
[Read the topic in the book p115]. Assume animal did not have zabiha.
The hide can be purified by tanning
Meat of this animal remains haram to consume if animal dead, but the hide can be used after it has been tanned.
This hide includes the hide of a dog, but not of a pig (completely out of bounds)
The hide of a pig is haram, even if has been tanned (animal is najaas al ain)
P a g e 50 | 101
Fiqh Notes 2019-2020
If that prayer time enters, you can make Wudu as long as Wudu doesn’t break because of another reason. You can
pray in any position – whether lying/sitting down.
2. Bleeding after a stillborn child – child who passed away in the womb of the mother. 5+ months. And bleeding
after the stillborn child is called nifas
3. After a miscarriage – at least one body part has developed e.g., heart or a limb
P a g e 52 | 101
Fiqh Notes 2019-2020
DEFINITION OF FASTING
Defined as abstaining during the day, from allowing anything to enter into the stomach cavity through the mouth
or the nose, whether intentionally or by mistake. Or that which has the legal status of the stomach such as the brain.
Intention/niyaat is intentionall for fasting. Three things:
1. It is to intend to abstain from allowing anything to enter into the stomach cavity and the brain
2. This abstinence is from dawn to sunset
3. Abstain from sexual gratification
Fasting is for the:
1. Muslim
2. Sane
3. Mature/Baligh
4. Knowledge of fasting
5. Free from hayd and nifaas
6 TYPES OF FAST
1.Fard/Obligatory (4)
Current Ramadan
Qada’ - Unperformed performed Ramadan fast because of good reason, like due to hayd
Khaffarah/expiation fast – if violate certain rules like made an oath to #A, then fasting is fard on you. If break an
oath, then need to a) free a slave; b) fast 3 consecutive days when break an oath
Nazaar makes a promise to perform.
P a g e 53 | 101
Fiqh Notes 2019-2020
o Example: when mother becomes healthy, I will fast XX days. Even if doesn’t happen, may have done for
khayr as the result was always better for you
2.Wajib/Necessary (1)
If had a voluntary fast and had to break it for some reason, then it’s wajib to make this fast up.
o Example 1: Had nafl fast and you were served food and so recommended in deen, break nafl fast and
consume food set out for you. Now this nafl fast needs you to do qada’ of it.
o Example 2: Wajib if break fast due to hayd
3.Sunna (1)
Day of Ashura (10th Muharram) – because #P he fasted in his lifetime. Should add the 9 th or 11th along with the
10th. Cannot be a solo fast. #P said “when I fast this Ashura next year, I will add a day to it” but he did not live the
following year
4.Mustahib/Recommended
Fasting of Yawm al Bayd i.e. the 3 white days (nights) every month when moon is full. 13, 14, 15 nights
Mondays and Thursdays of every week - #P says works of the servants are presented to #A on those days and I
like that I am fasting when works are presented
6 days of Shawaal – month after Ramadan. They don’t have to be consecutive, can be broken up during the whole
month. Cannot fast on the first of Shawaal = Eid ul Fitr.
Any other days that the #P recommended – fasting of Dawud (as) was alternate days, considered a very difficult
form because it’s harder to leave every other day. For you, do mashwera with Sheikh as put too much stress on
the person. And can do it for a short time and then leave it. Better to do small worships, but do it consistently like
Tahajjud e.g., start with 2, then make it 4, 6 and 8
3. Nafl/Voluntary
Any other fasting, other than mentioned above
INTENTION OF FASTING
There are 2 kinds of fasting with intention: requires an intention or not
1. Fast requires an intention prior to Subbah Saddiq (=when the fajr time enters. It doesn’t go with the azaan as
muezzin in masjids decide when they will call. Usually a little later so give time for people to gather). The
scenarios for these must have thought in heart of specific intention BEFORE subbah saddiq
o Qada’: Ramadan qada’ fast BEFORE subbah saddiq and intention cannot be changed. Cannot do this
AFTER subbah saddiq
o Nafl Qada’– qada’ must have a specific intention in your heart
P a g e 54 | 101
Fiqh Notes 2019-2020
2. 3 types fasting which do not require a specific intention prior to Subbah saddiq. Can make intention any time
from magrib to the next day zawaal, can be a general niyat.
a. Fasting in the month of Ramadan as long as intention in the heart so need to say every day. Also this
intention does not have to be before subbah saddiq as long as general intention is there before zawaal.
Example: overslept first day of Ramadan and missed sehri, so non-specific intention
b. Not a condition when vowed to fast a specific day. Example: make a nazaar to fast on Wednesday if my
son becomes better. On Wednesday, you overslept and missed suhoor, then don’t need an intention to fast
as already made the nazaar with the intention then.
c. Nafl fast does not require a specific intention, prior to subbah saddiq.
Ref 4 scenarios on p345
Scenario 1: Month of Ramadan and you’re a resident and you have sound health and make an intention to do
a qada’ fast. Now in the month of Ramadan, you decide to do a qada’ fast so as Ramadan is a fixed time and
therefore doesn’t need to be specified. The qada’ fast is a wajib fast cannot supersede a fard fast of Ramadan.
So if you make a niya for a wajib fast in the month of Ramadan, then it’s not possible! This fast in Ramadan
will ONLY be accepted as a Ramadan fast
Scenario 2: There is a difference of opinion among the fuqaha in the Hanafi Maddhab about the sick person
who intends a wajib fast during the month of Ramadan. Reason, when a person is sick, it’s not wajib on
him to fast in the month of Ramadan. But then he said may want to do qada’ fast in current Ramadan. Is he
allowed to do that? The Sahibaen (Imam Abu Yusuf (ra) and Imam Mohammad (ra)) say that this wajib fast
will be invalid and if this sick person makes a niyat for a qada’, then it will be counted as a fast for Ramadan.
This is “mutahabi (school) call” in the madhaab of Imam Hanifa (ra). Other scholars say wajib fast will be
valid and now he will have to do the qada’ of the current Ramadan.
Scenario 3: A traveler makes an intention for a wajib fast in Ramadan. Said will do a qada’ namaaz from
before. The Sahabaen say the Ramadan fast will be fulfilled. Even if he makes the intention, it will be
counted as a fast of the current Ramadan. It’s a mustaabi/school call although Imam Hanifi (ra) is of the
opinion is that the wajib fast will be fulfilled.
Scenario 4: Make a nazar that will fast on Monday, but you fast but with a different wajib intention. Example:
Had a nazar fast on Thursday, then says will fast on Monday. So fast with niyat of qada’ because nazar is a
fard fast. So, the wajib fast will be fulfilled. And you will be considered sinful if you did not fulfill your nazar
fast.
SUMMARY
Fasting is to abstain from: 1. Anything entering into the stomach cavity; anything entering into brain cavity;
abstain from sexual gratification is from dawn/subbah saddiq until sunset.
In month of Ramadan if still eating while azaan happening, is your fast valid? The adhan is call to congregational
prayer, can be any time. If still eating, chances are your fasting is invalid. However, even in month of Ramadan,
muezzin tends to be early. Time of insaaq = 10 minutes before time ends so finish eating, brush teeth and do
Wudu so mentally prepared to fast. Good habit
P a g e 56 | 101
Fiqh Notes 2019-2020
After incident, if person violates the rules of Ramadan, he is liable for expiation i.e. break the fast of Ramadan, have
to do khaffarah and qada’. But khaffarah is excused if:
The woman’s menstrual cycle starts i.e. hayd starts
State of nifas
Gives birth that days i.e. child emerges out
Or person is afflicted with an illness which allows to break the fast i.e. debilitated
The expiation is NOT EXCUSED if: one is forced to travel the same day after starting the fast and not a traveler yet,
then fast is wajib upon you. And if around 4pm become traveler, cannot break the fast. Must complete the fast you
start.
THE EXPIATION/KHAFFARAH
Khaffarah is the freeing of a slave. It is also permitted to give each poor person half a measure [sa’] of wheat or flour
or one measure of [sa’] of dates or barley, or the value equal to the above may be given to each of the sixty persons. If
you have broken many fasts before, then you need to do ONE khaffarah for all the previous fasts you have broken
before. Going forward you have to do a khaffarah for every fast.
8. If one chews a hard almond with its skin and Yes Yes there is a different of opinion on whether
the chewed pieces reach the insides expiation is required
9. Swallowing a pebble, metal or soil Yes No
10. Taking an enema (inserting medicine into the Yes No Abu Yusuf held that inserting medicine into
anus) or pouring drops (of medicine) through the anus or pouring drops of medicine into
the nostrils, or pouring something/medicine the nostrils as well as the throat impose the
down the throat expiation
P a g e 58 | 101
Fiqh Notes 2019-2020
Ref: should time of insaaq is 10 minutes before But if you have doubt about arrival of dawn
fajr. Do not use azan time to end food/drink. and then you eat and after you continue
eating and doubt REMAINS i.e. fajr
entered/not entered, then there is no qada’ of
day as you are not sure. No khaffarah
P a g e 60 | 101
Fiqh Notes 2019-2020
6. Rinsing the mouth/nostrils for other than Wudu is not disliked, nor dressing in wet clothes to cool down is fine.
Not makruh in fasting.
FORTUITOUS 8 CIRCUMSTANCES
Page 374 in book. Circumstances where it is legal to break or leave fast and there is no sin:
1. Illness and he fears the aggravation in illness and if continue with fast will delay in his recovery, with good
reason. Best to consult a doctor who understands the baraqat of Ramadan to advise whether to fast.
2. Traveler legally permitted to break or miss his fast but the fuqaha saying, fasting is better for him if it will not
harm and that most of his co-travelers are also fasting, and each person is funding his own expenses separately
3. Forced.
4. Pregnancy if she fears a loss of mind, illness or death on child. Must do qada’ of these fasts. Best to ‘check’ each
circumstance with teacher as contingent on whether able, as everyone different. If you fear fasting because you
are pregnant or sick, better to go to a doctor with strong Islamic belief and understand the Barakat/blessings of
fasting in Ramadan. Even if recommends does not fast, then listen to him
5. Nursing woman or breast feeding
6. Unbearable hunger, thinks will not survive/die or lose his mind/senses. Human life is sacred in Islam so need to
break
7. Unbearable thirst, thinks will not survive/die
8. Old age and fasting and find cannot fast due to extreme weakness/hunger/thirst. Note must however pay fidya for
every day missed which is ½ sa’ i.e. 1.6kg or equivalent in currency.
Ref. Already talked about illness, travel, pregnancy, nursing.
WHAT IS AND IS NOT REQUIRED FOR A PERSON WHO BREAKS FAST DUE TO AN
EXCUSE ?
Ref p375
P a g e 61 | 101
Fiqh Notes 2019-2020
This applies for the 8 fortuitus reasons above. What is a Fidya? 1 missed prayer or 1 missed fast = ½ sa’ wheat or
1.6kg
1. If a person dies before he recovers from a sickness or travel, he is not required to make a wasiya for the days he
lost. Didn’t get a chance to make a wasiya before he dies. Example: Sick person dies and was not fasting in
Ramadan. Now, no fidya on this person as he never got a chance to recover, do the qada’ or pay the fidya.
2. If recovers, he must make a will in which he states how many he missed where he does the qada’ and must do a
fidya.
a. Fidya is supposed to be paid after your death, so need to write down in wasiya and will try to do the qada’
during lifetime. Write it down in notebook, and reference how many were not fasted.
b. So your heirs can pay a fidya. OR if a wasiya omits missed fast/prayer, then fidya does not have to be
paid – can be verbal or written down.
c. The wasiya comes out all debts/loans, then take inheritance and divide 2/3 to all heirs and 1/3 can be
applied to whatever you want to spend on e.g. 1/3 in charity, so fidya comes out of this wasiya
(written/verbal). If child/anyone chooses to pay fidya, allowed. That’s #A’s choice.
3. Not stipulation to make up Ramadan have to fast successively. Qada’ can be done at own leisure
4. If another Ramadan comes along and you have not completed your qada’ of previous Ramadan, then one has to
perform current Ramadan and make up the qada’ later. CANNOT PAY FIDYA. Need to fast current Ramadan
and then fast the qada’ fast the following year.
THE ELDERLY
Ref p377
And old person with a terminal illness and has no hope of recovery and will never able to fast according to the
doctor e.g., Cancer, diabetic, blood pressure, cholesterol coz if you don’t take medication at prescribed time, will
fall sick. This person can pay fidya for qada’ fast in his lifetime, while he is alive.
If an old person is capable of fasting, and breaks fast as got ‘a cold’, he cannot pay fidya. He must to do qada’ and
keep a record of his missed fast and is capable of fasting.
If an old or weak or frail person is allowed to break their Ramadan fast or they are allowed to miss their fast and
pay fidya. They are allowed to miss the fast. But, such old man = shaikh fani, old woman = ajuz fania. But if such
a person recovers before the following Ramadan and becomes healthy and can fast, then this person has to do
qada’ of his Ramadan fasts, EVEN IF HE HAS PAID FIDYA (which is now sadaqah)
Revision Questions
If miss a fast due to hayd, have to do qada’ but not for prayers.
If miss prayers for nifas, then do not have to pray and no qada’.
Qada’ has priority over everything. If you have a few Ramadan fasts, then you can do it later. Or can do nafli fast
of Muharum. However, if you have more than the current Ramadan fast e.g. last 8 years, then write it down.
You cannot mix intention of qada’ with anything else e.g., it’s like a fard, cannot be mixed with anything else.
Qada’ requires a specific intention that you make before the fajr of that day
For nafli fasts, you can have multiple intentions
Can we give fidya in our lifetime but also make up fasts/prayers in qada’? The fuqaha said you can give in
lifetime, but you have to do the qada’. Our naafs is so strong, then we don’t bother not to do qada’.
Fard fast cannot be broken, only nafl.
P a g e 62 | 101
Fiqh Notes 2019-2020
3 TYPES OF I’TIKAF:
1. Wajib I’tikaf – in which someone vows to #A that he will do I’tikaf OR if #A cures my mother’s illness, will do
I’tikaf. If someone does a wajib I’tikaf, then he MUST fast in the I’tikaf and it must be one day and one nigh.
But fast is from fajr to sunset. A nazaar/vow is only with the tongue, not from heart, so if you have said
something in heart, don’t have to do
2. Sunna Mu’akkada I’tikaf – last 10 days of Ramadan. Men in masjid and women at home. Because it’s in
Ramadan, so I’tikaf is hand in hand because it’s the month of fasting. If travelling and not fasting (legal reason)
and can choose to do I’tikaf.
3. Mustahib/Recommended I’tikaf – any other time of the year, apart from wajib and sunna mu’akkada. Can do it
for any period e.g., 5 minutes, 5 hours or more. Allowed to do niyat for extra reward.
WOMEN I’TIKAF
Women can make a niyat for I’tikaf even for 5 minutes, will get the reward for I’tikaf. Can be done any time
during the year and make a niyat on salah, should do as recommended. Sit anywhere, as long as in seclusion
How does woman do sunna mu’akkada? She secludes herself for 10 days and 10 nights in a room where can use
facilities and food/water is given to her. If not able, then should be
P a g e 63 | 101
Fiqh Notes 2019-2020
The person performing I’tikaf is permitted to eat, drink, sleep and form a contract for the purpose of trade for
himself or family e.g. sell land, a contract which he or his family are in need of; this is to be performed only
within the masjid. It is allowed/jayez
Al-Hidayah (bigger book of Fiqh) says that eating, drinking and sleeping are to take place at the location of the
I’tikaf e.g. in the masjid, based on the sunna of #P
P a g e 64 | 101
Fiqh Notes 2019-2020
5. Ata ibn Abi Rabah (ra) said “if a person in I’tikaf is like the person who stands and waits on a great door (of a
king, great minister or Imam) because of a need he has. Equally, the person in I’tikaf utters (niyat)“I will not leave
and depart from the ‘door’ of my Maker until He has forgiven me in my sins, which are the reasons for the
distance between me and Him and the descending of calamities upon me.”
ZAKAT MEANING
Zakat is from the root word Taskiyaat (=purification of the heart) which means to purify.
1. Purify – sanctifies one’s wealth. All charity (1. Zakat – fard 2. Sadaqah/Qiraat - optional). #P given job to purify
the people’s hearts. After #P died, the ulemma/fuqaha (inheritors) helps to purify the people and teach knowledge.
Another job #P is to teach knowledge/ilm of the deen. Zakat is a form of self-purification and a higher form is
sadaqah as voluntary which challenges naafs & shaytan – what/why/when to give, esp with wiswaas as easily
sidetracked from initial thought which tends to be the purest. The harder it is to give, the harder it is to give.
Zakat purifies your heart and your wealth. If don’t take out zakat, will pollute all of your health.
2. Increase/growth – by taking zakat out of wealth, it grows and increases i.e. barakat -- If you buy something for
Rs. 100, suddenly you can buy much more with it. Wealth doesn’t have to be a number. If there’s barakat, will be
sufficient for your money.
SUMMARY
Charity: Fard (zakat) and Nafl (sadaqah). Done in duos like similar with prayers and Hajj vs. Ummrah.
CLASS QUESTIONS
P a g e 65 | 101
Fiqh Notes 2019-2020
When you lose your job, you must give charity. Best of people feed others when others are hungry. Try to
become people who are willing to sacrifice to others and know #A will give us. At least give niyaat and #A will
InShaAllah will give. We should “feel” the charity.
DEFINITION OF ZAKAT
Zakat is that you have to make a poor person the owner/malik of a certain amount of wealth. One Condition is
this poor person cannot be from the family of #P.
Ownership = Exclusive control on that wealth and he can do what he wants. Example: cannot tell him/her is to
pay children’s education, food, electricity bill etc.
Ideal way to give zakat = Best way is to give cash and make the receiver the owner of that wealth. Can also
through food and clothing, but not the ideal way as not giving exclusive. It is allowed as certain circumstances to
allow “jayaaz”
Zakat = must give to an individual person. Not to an institution/organisation, masjid, hospital.
Zakat Fund within organizations – the organization makes a legal contract/promise that the money will be given to
individuals to provide medicines and food but cannot buy equipment. Can give money to a zakat fund within that
institution to get books/clothing though still better if give it to them as cash.
Haaq Daar -- Our responsibility is to understand if s/he needs zakat. If s/he lied, then between with #A. Must
always give with utmost authority and adaab.
If you have jewelry, must pay yourself vs. rely on you husband. If don’t have cash, then sell a bit to cover.
P a g e 66 | 101
Fiqh Notes 2019-2020
4. Earth produce – food crops, fruit for selling. No zakat on land. But zakat applies on craps coming from the land.
If sell the plot, then you must pay zakat on that amount. Also same, if have land/houses as long as no intention to
sell as non-productive in nature. When sell and get cash, then have to pay.
5. Treasure trove – If find gold/oil/salt/minerals suddenly from land e.g. in backyard, then zakat applied is 20%
flat and must be given immediately. No concept of 1 year here of being Sahab-e-Nisab
P a g e 67 | 101
Fiqh Notes 2019-2020
OWNERSHIP IS DEFINED
Ownership must be defined and recommended that ownership is given to people. Make a person an owner of that
zakat and the recipient’s choice to do what s/he wants.
Example: Hubby/wife have joint bank account. Needs an approximation of how much is each and the spouses
need to pay separately. Maintaining separate accounts is easier to handle. If man keeps taking care of zakat from
giving, then he gets the ‘ajaar’ of giving! So must always try to pay oneself.
TYPES OF WEALTH
5 “ijnaas” genus on which you have to pay zakat:
1.LIVESTOCK
Ref p402
Grazing cattle – whether camel, cows or sheep, must be paid. Conditions that make zakat obligatory on livestock
1) Person MUST have possessed them of 1 lunar year
2)The livestock value must meet Sahab-e-Nisab – i.e. have a certain number of sheep (5) or 5 camels, then zakat is
applicable on you. There is no zakat if a person owns less than 5 camels. When a person owns 5 camels, and then 1
lunar year passes over them, then must pay 1 sheep.
If have 5-9 camels, then pay 1 sheep.
If 10-14 camels, then pay 2 sheep
If 15-19 camels, pay 3 sheep
P a g e 68 | 101
Fiqh Notes 2019-2020
When 36-45 camels, then pay bint laghuum then she camel who is 24 months plus
When 46-60 camels, then pay hiqqah, a she-camel which is 36 months of age plus
When 61-75, then pay 1 jazaah, a she-camel which is 48 months plus
When 76-90, then pay 2 bint laghuum, then 2 x she-camel 24 months plus
When 91-120 camels, then pay 2 hiqqah, so 2 x she-camel 36 months of age place
When 121-144, then pay zakat 1 sheep for every 5 camels. For every 10
camels 2 sheep. For every 15 camels, 3 sheep. Example: 130
camels, then pay 16 sheep.
0-39: no zakat
40- zakat is 1 sheep and must be 1 year old
120:
121- 2 sheep
200:
201- 3 sheep
399:
400 4 sheep
sheep:
After every 100 is 1 sheep aged at 1+ years
400,
ZAKAT ON HORSES
Must satisfy conditions:
P a g e 69 | 101
Fiqh Notes 2019-2020
2.MERCHANDISE OF TRADE
Anything that is bought/sold e.g. food, jewelry, salt, spices, bricks, then zakat is applicable
If Sahab-e-Nisab all year long, then must calculate the value of the goods and pay 2.5% on it on that day.
However, you can pay later, this is simply zakat valuation date. Can pay whenever/however you have. Best to
pay before the next Ramadan reaches.
o Example: ZV date, if 100 boxes of apples, and 200 boxes of oranges and are based on the purchase value
vs. sales value. Assume Rs. 100k and so will pay Rs. 2.5k as zakat.
o Example: Houses. On day have to pay zakat, must calculate the value of the houses and then take 2.5%.
Houses are merchandise of trade.
5.TRESAURE TROVE
20% on whatever mineral is from the earth – oil, gas, salt etc. No waiting for one lunar year and must pay
immediately. After that payment, becomes merchandise of trade.
Example: Find diamonds in your backyard. Then must pay 20% on zakat. If trade in diamonds, pay 2.5% will pay
nisab on the day of calculation using book value, however many are there.
Example 2: If own diamond, then need to pay nothing as no zakat
RECIPIENTS OF ZAKAT
Can Give
Sura Tauba Ayat 60, says “Indeed the sadaqah (means zakat) is for the recipients are eight (8)”. Should have some
investigation if zakat eligible. The closer ones have a right first e.g. maid, driver in the house. Best to ask if close.
1. Poor people (fakhir) – needy person. Has wealth but not nisab amount.
2. The destitute (maskeen) – owns nothing except a few basic necessities. More destitute than needy person
3. Administrators of zakat collect/distribute (Amaleen) – they are appointed by the government and are NOT the
private organization. For that, must have Shariah law in place
P a g e 70 | 101
Fiqh Notes 2019-2020
4. Muslim reverts*, hearts to reconcile with #A (Mualatkabil Mutakaloob) – this category no longer applies,
abrogated for now by Syed Umar (ra) under his Caliphate, as a close companion of #P, and said not pay for people’s
hearts to turn towards Islam as they are doing so voluntarily. We follow this Fatwa to this day. In days of #P, gave
some wealth to bring them to Islam. (Today, Christian missionaries pay for conversions)
5. Freeing of slaves – riqab = category of slaves with agreement w masters to buy freedom. They pay a fixed amount
to their master and then must set them free. An agreement made between slaves and masters, then zakat can be paid to
the slave so he can free himself. So can only pay for the
6. Debtors – the ghalAmeen = people who cannot settle their debt. These people can be a Sahabaen Nisab. Example:
Someone has Rs. 40k in account but cannot pay Rs. 200k debt, so this person is ghalameen. So can pay someone’s
debt.
Example; Say debt is Rs. 5k but basic necessities but basic needs is also Rs. 5k and you own only Rs. 3k worth of
gold. So owe more than you owe. That person is ghalameen. His debt is equivalent or more than is needed for
his basic necessities so we can pay zakat towards his loan. The way to do this, is zakat must go towards debt
ONLY and not other things.
This excludes mortgages.
7. Fight for path of #A Jihad (Fisabillallh) – The soldiers can be given zakat if fighting in path of #A, even if they
are SeN. But be careful as must be proper jihads, versus political wars i.e. over land. Note, difference for those
soldiers fighting with salaries. The army sacrifices for their country but they cannot be counted as soldiers fighting for
the sake of #A so cannot categorize them as people of zakat.
8. Travelers – XXXFasabeel – any person who is travelling and has no spending left e.g. been robbed. He is away
from his home and his journey comes to a standstill and unable to reach his destination where he has his wealth.
Example: Can give zakat to help him reconnect to family to get some money.
P a g e 71 | 101
Fiqh Notes 2019-2020
SADAQAH UL FITR
A small amount of charity that has to be given at the end of Ramadan and before the Eid ul Fitr prayer. This
amount is separate from your zakat.
3.Sadaqah ul Fitr is wajib is upon every man and every woman and becomes wajib from the dawn of Eid Al Fitr and
should be paid before the Eid prayer. The conditions that make sadaqah ul fitr becomes wajib is:
1. Must be Muslim
2. Must be a free person, ie not a slave. Servants in our houses are free people and not slaves
3. Your Hajaat ul Aasali – means a real need, a real “hajah.” Zakat are only on those things that are productive in
nature e.g., cattle. They increase. But, there is not zakat on non-productive in nature e.g., ACs, land, cars, fridges etc.
If (a) the wealth you have in terms of non-productive nature is more than your Hajaat ul Aasali, AND (b) and the
value of this non-productive wealth is more than the Nisab amount e.g., Rs. 40k, then sadaqah ul fitr is wajib upon you
e.g., instead of AC, can do with a fan.
4. Sadaqah ul Fitr must be given to every family, head of household (5 people) e.g. includes all the non-balagh
children, for any insane person in his house, the slaves and for any child before the dawn of Eid ul fitr and for oneself.
EXCLUDES: wife must pay for her ownself, and balagh member of the family. You can pay for anyone and anyone
can pay on your behalf.
P a g e 72 | 101
Fiqh Notes 2019-2020
P a g e 73 | 101
Fiqh Notes 2019-2020
P a g e 74 | 101
Fiqh Notes 2019-2020
There is a vertical dim light that appears right before “soobahi saadiq” for a few minutes and is called “soobhai
kazzak” or “the false morning.”
End of fajr time– right before sunrise. Example: sunrise is 7am so 1 second time before that is the end of fajr.
[Insert picture of how the sunrise are increasing]
Right before sunrise = as soon as the disc of the sun appears above the horizon, that is called sunrise.
3 Makruh tehreemi times during the time when one should not pray
First Makruh tehreemi time =. Now FORBIDDEN/HARAM to pray i.e. as soon as the sun rises. Until the sun is
above the horizontal, then can start praying again. The time period while sun disc is rising is ~10 minutes and should
not be praying anything i.e. nafl, qada’, farz etc as it’s haram. Then for fajr, wait about 15 minutes or when see the
sun.
1M
1M
#G came to #P on two days and he led the #P on both days. And he came for each prayer time and that’s how the #P
knew these were the timings. Fajr was the same -- #G came at same time for both days.
But, for Dhuhr, on the first day #G came just as Dhuhr time had just started its decline, so it was just the start of Dhuhr
time. On this day, #G led #P in asr prayer when shadow = size of the object i.e., Dhuhr had finished.
On second day, #G came to #P led him in Dhuhr prayer at the time when the shadow was equal to the size of the
object. On the second day, #G leads asr prayer when shadow is double the size.
When in another country following Shaafi timings which has a different asr time, then follow the ‘law of the land’ so
follow Dhuhr prayers so as to follow jamaat e.g. Dubai. You can choose what time to pray Dhuhr.
P a g e 75 | 101
Fiqh Notes 2019-2020
Asr Prayer
Start of asr: begins when the shadow begins to increase on the object, it has equaled or doubled. When the Dhuhr time
ends, asr starts
End of asr – ends right before sunset. asr ends as soon as the sun is below the horizon i..e when the disc is below the
horizon
1M
End asr Must be below the horizon, the globe has to disappear
from eyes
Third Makhru tehreemi waqt – when the sun starts to change its color and the rays appear weak.
It’s about 10 minutes before sunset. It is allowed to pray the current asr if for some reason you have not prayed it yet.
Hadith: #P said “The sun is between the horns of Shaytaan at this time (when setting) and so Makruh to pray”. [Ref
Hadith from books] In the old days, the idol worshippers would pray to their gods.
Magrib Prayer
Start of maghrib = when the sun has completely set. The sun has to go below the horizon. No difference on
opinion.
End of maghrib time = ref: Hadith in which #P said [Book Ref 128, point 4, 2nd line] “When the sunsets until the
disappearance of the evening glow. This Hadith is “the first timing for maghrib is when the sun sets and the last
timing is shaffaq.” There is a difference of opinion about what is shaafaq.
o Opinion 1: The Sahibaen says there is a red glow in the sky after sunset, this redness is shaffaq. Maghrib
ends as soon as the shaffaq ends.
o **Opinion 2: Imam Hanifah (ra) = says the shaffaq is not the redness in the sky. It’s the whiteness in the
sky that comes after the red glow has finished. When this whiteness finishes, then Imam Hanifah (ra)
says it’s the end of maghrib and the start of Isha. The Fatwa is on Imam Hanifah (ra) on the school of
Ehtaab.
Maghrib should be prayed as quickly as possible. Lots of fazeelat/blessings in praying quickly, whether
individually or jamaat. But if delayed for some reason, then maghrib in El’ehnaab, then it doesn’t become Makruh
until the start of Isha.
o Example: If maghrib starts at 7pm and if able to reach home, then will pray 6.45pm as not magrib, it’s an
adaab prayer. Magrib there’s no khaadah, unless past Isha.
Isha
Start of Isha – when the whiteness ends, the start of Isha.
End of Isha – Is just before subhai saadiq starts. When the light which appears on the horizon is in a horizontal
line, after the vertical light (subhai saadiq) disappears. Subhai Khaazib = isha time until subhai saadiq.
Witr Prayer
Start and end time is the same as the Isha prayer. But there is a condition – must pray Isha first and the witr has to
follow. Witr cannot be prayed before Isha.
Witr is best to pray after all the prayers, including TaHajjud. But if not used to getting up for TaHajjud, pray first.
P a g e 76 | 101
Fiqh Notes 2019-2020
2. In Hajj – in Muzdullifah (after Arafat) and there combine maghrib and Isha prayers and everyone has to
combine whether in jamaat/solo or behind. Prayed at time of Isha, with 1 adhaan and 1 iqaamah.
Other Maddhab combine prayers. Why? Because of “Kabraal wahid” = a Hadith has been narrated by less than 3
people in every generation in which it was narrated that #P combined Dhuhr and asr. The onus is on the Eh’naab.
How do you reconcile certain Hadith? We do not say what the other madhaab say it’s wrong – that’s not right.
FAJR
For men, is to delay the fajr because it’s easier to do jammat when the sky starts to brighten a little bit. So the
gathering will be as large as possible. The brightening of sky in the morning is called “Asfaar” and the darkness
at the time of fajr is called “Ghalaas”. For women, the awaal (best) waaqt is “ghalaas”
DHUHR
the awwal waqt of Dhuhr in summer is to delay the prayer because of the heat of the hellfire. So the recommended
time is when the heat has reduced a little bit.
For women, it is afzaal waaqt to delay our prayer.
In winters – do not delay as no heat factor so pray quicker vs later. If cloudy, then delay Dhuhr (in old times
when no watches) as need to ensure the time has entered.
ASR
Recommended to delay in the winter and the summers. But not to the extent that the sun starts to change colors
and it becomes pale. And because there is a Hadith in Abu Dawd Sharif when “#P would delay the afternoon
(asr) prayer until it was still clear white” so it’s recommended to read.
Recommended to pray all nawafil before asr and then he would offer the fard prayer – should make up qada’
prayer at this time.
If it is cloudy, then pray asr early as don’t want to go into Makruh waqt of asr.
P a g e 77 | 101
Fiqh Notes 2019-2020
WITR
Recommended to pray witr just before fajr, if one is certain he will be awake. So pray it right after the Isha prayer
because if miss Isha, will become qada’.
P a g e 78 | 101
Fiqh Notes 2019-2020
CHAPTER OF ADHAN
Definition: Linguistically, adhan means to inform. In Shariah, means to call the jamaat prayer for the men and has
nothing to do with the start of the time of prayer which is when the sun goes past the meridian
Iqama = kah mah (to stand) to stand or to establish
P a g e 79 | 101
Fiqh Notes 2019-2020
If a man is praying alone in a house and the adhan is being called in his area, then the man does not need to call
the adhan or the iqama. In the West, where don’t hear them, then will have to call the adhan and iqama if you
pray alone. Note: adhan and iqama needs to be live voice versus TV or recorded.
If several qada’s are being done together for men, then it’s sunna to call out the adhan for the FIRST SALAH
ONLY i.e. ADHAN DONE ONCE. For all the other prayers after, it’s sunna to do the iqama only.
o Example: Missed 2 prayers. Man stands up, does adhan and then iqama for first qada’ for dhuhr. Now
doing qada’ for asr, now doing iqama
Woman’s prayer is different from a man’s prayer.
It is disliked/makruh tehreemi, for a woman to call out the adhan or iqama as she’s supposed to be modest and
discreet and voice not heard by other men. There is a Hadith that when shaytan hears the call to prayer, he runs
away from there so lots of virtue attached to the adhan.
When baby is born, according to Hadith by #P, the Shaytan comes to baby and pinches/touches the baby and the
baby starts to cry. When we give adhan in baby’s RIGHT ear, shaytan runs away and the iqama is done in the
LEFT year and it’s a sunna and to do tahniq (=small chewed date or something sweet by a righteous person, and
is tiny so saliva of righteous person enters into the baby to carry the barkat). You’re testifying that #A is Great, is
One and that #P is the Messenger of #A.
When adhan is called live, then need to reply. If recorded, then no reply. The reply to the adhan is:
When The Mua’zzin Says… You Reply By Saying…
1.
1.
Allahu Akbar, Allahu Akbar x 4 times
Allahu Akbar, Allahu Akbar x 4 times
2. 2.
Ash-hadu alla ilaha illa-llah. Ash-hadu alla ilaha illa-llah.
Ash-hadu alla ilaha illa-llah. Ash-hadu alla ilaha illa-llah.
3. 3.
P a g e 80 | 101
Fiqh Notes 2019-2020
When something related to Deen is taught and the adhan happens, reply doesn’t have to be immediate. Reply
doesn’t have to be immediate, can reply back at one time after completion. Reply can also be given a little time
after.
In Fajr adhan, there are additions “That salah is better than sleep” then reply is “this is true, this is good”.
*****Only for the Fajr (Subh) Azan***** *****Only for the Fajr (Subh) Azan*****
6. 6.
Sadakt wa barakta
As-Salatu khairun min an-naum.
OR can say “MashAllah”.
2x أَ ْش َه ُد أَنْ اَل إِ ٰل َه إِاَّل ٱهللʾašhadu ʾan lā ʾilāha ʾillā Llāh I bear witness that there is no deity but God.
2x أَ ْش َه ُد أَنَّ مُحَ م ًَّدا رَ سُو ُلʾašhadu ʾanna Muḥammadan rasūlu I bear witness that Muhammad is the Messenger of
ٱهللLlāh God.
2x صاَل ة
َّ حَ يَّ عَ لَى ٱلḤayya ʿalā ṣ-ṣalāh Hasten to the prayer (Salah).
2x for الصالة خير من النومaṣ-Ṣalātu kḫayrun mina n-naum Prayer is better than sleep.
Fajr
1x اَل إِ ٰل َه إِاَّل ٱهللLā ʾilāha ʾillā Llāh There is no deity but God.
17 CALLINGS OF IQAMA
The iqama/stand up is done just before jamaat starts. There are
P a g e 81 | 101
Fiqh Notes 2019-2020
Recita
Arabic Transliteration Translation
l
2x أشهد أن ال إله إال هللا ʾašhadu ʾan lā ʾilāha ʾillā llāh I assert that there is no god but Allah
ً
محمدا رسول أشهد أن ʾašhadu ʾanna muḥammadun rasūlu I assert that Muhammad is the Messenger of
2x
هللا llāh Allah
2x هللا أكبر هللا أكبر allāhu ʾakbar, allāhu ʾakbar Allah is the greatest, Allah is the greatest,
1x ال إله إال هللا lā ʾilāha ʾillā-llāh There is no god besides Allah
P a g e 82 | 101
Fiqh Notes 2019-2020
6. Disliked for the caller to speak during the adhan and the iqama even if it was for returning salam if he does so
during the adhan and should be recommended to repeat it, although not needed for the iqama.
WHAT IS A CONDITION?
A pillar = rukn = part of that thing. It is an essential/integral element of that ‘thing’. Example: The sajdah and
ruku is a rukn/essential part of the prayer. Fard and rukn are not the same. It’s an internal part of the prayer.
Condition = shart = contingent upon the existence of a thing. Meaning it’s an external part. You need a shart to
enter into the action i.e. a prerequisite to do the action. It’s an external part of the prayer.
A rukn and shart can be mandatory/fard. The terms are NOT interchangeable
P a g e 83 | 101
Fiqh Notes 2019-2020
o Includes urine of horse, urine of animal whose meat is lawful to eat such as grazing or wild livestock like
sheep and goats, also only urine of horse is mentioned
2. Covering one’s awra is a shart/condition for prayer validity for men/women. We have modesty for #A:
a. Man= including navel to below knee. Cannot show belly button, even if a little bit. And covering has to be
below their knees, so revealing private parts. Modesty is also incumbent on the men as well the women.
b. Woman = whole body except hands, feet and face. Other Maddhabs have to cover everything. If in a place
of public, then pray with niqab.
3. Facing Qibla is the shart for prayer validity.
o If in harram*shaarif boundary, then will face the Kaba. But if anywhere else in the world, you face the
direction of Qibla.
o School of Imam Hanifa (ra) has leeway of 45 degrees to the right or to the left when praying in direction of
Qibla
4. You must be certain prayer time entered, shart. It is a prescribed time
5. To have an intention/niyaat is a shart for fard and wajib prayers (not required to sunna and nafl).
a. Has to be done at the start of the action of the prayers;
b. Intention is in heart and can be done with the tongue also;
c. For fard and wajib, must be in the state of awareness as a fard/wajib prayers;
d. if behind an imam, then have an intention that his prayer is your prayer.
o Example: In Tayammum, your niyaat is a shart for it to be valid (vs niyaat not required for wudu).
o Niyat for Takbireh Tehreema (first Allahu akbar in prayer). Called TT makes everything haram on you e.g.
cannot speak, talk, sleep, eat, because now you’re praying and communicating with #A.
e. (i) Say right after niyat is shart and can be said in heart or verbalized on the tongue and say AA. No
action between niyat and the TT. Then niyat can be synchronized with the intention in your heart e.g. say
AA and in heart saying I’m praying 4 rak’ah fard simultaneous.
f. Say TT while standing before you bend for the ruku. Example: join jamaat prayer where Imam already
in ruku, so you cannot join by saying AA, you have to stand straight, say AA and then go into ruku.
g. TT has to be said from the tongue/jahari and not only from the heart, and loud enough that you can hear
it. Salah is not done in the heart. All prayers should be silent, low voice BUT tongue is moving.
Cannot think in your head and tongue cannot say the words.
6. To stand/Qiyam in all fard and wajib prayers is Shart and rukn/pillar. Without standing, prayer is invalid.
When travelling cannot pray fard and wajib praying in a car and facing Qibla is a shart. So, nawafil can be prayed
sitting.
o Example1: You’re tired and unwell, you can pray sunna muakada, allowed as valid reason, but reward is cut
in half. Better to pray standing, reward is then complete.
o Example 2: If in plane/train and the time of prayer enters and have to offer fard prayer but cannot stand up.
First ask appropriate person for permission to stand and pray as long as no disturbance, then have to stand and
pray because shart and rukn. Then if cannot, then sit and pray but prayer is only honoring the time. When
return home, MUST DO Qada’ of prayer because qiyam not standing. [Nawafil = every action except fard and
wajib]
Recitation
7. MUST recite 1 long verse or 3 short verses in the first 2 ra’kahs of a fard prayer. So if you have a 2 ra’qah prayer
(Sura Al Asr is short or Aytal Kursi is a long verse) and minimum for prayer to be valid.
8. MUST recite 1 long or 3 short verses in every ra’kah of the Witr or a 4 ra’kah nafl prayer. #A said ‘read what
is easy for you from the book.’ NOTE: These “1 long and 3 short verses” is from the Sahibaen but Imam Hanifa’s
fatwa said if recite 1 verse of the Quran in the first 2 ra’kahs, your prayer is valid.
9. No specific verses in the Quran that one MUST recite for the prayer to be valid.
P a g e 84 | 101
Fiqh Notes 2019-2020
10. Person following the imam (the muktadir) MUST NOT recite the Quran in the jamaat prayer in the jahli prayer.
So will not recite Sura Fatiha, Sunna, Sura after Sura fatiha… but attayatulillah not part of Quran so will recite.
Subhannallah rabiyallaha/Samiallah/ so not to be recited. Many proofs from Hadith and ayats about why we do
a. When the Quran is read, listen to it with attention and remain silent - so applies for prayers
b. #P said “whoever has an imam, the recitation of imam’s recitation is sufficient for you – whether read
loudly/jaffri or silently/sirri, for the muktadir”
c. #P said “Whoever has an imam, the recitation of the imam is recitation for the (follower)”
11. It is Makruhh tehremi to recite behind the Imam and should have no tongue movement. The #P said “No one
should from you should read anything from the Quran when it is being recited by the Imam”
Sajda
12. It is a rukn for the forehead must be stable when doing sajda.
o Example: can pray on soil but not on soft snow or rice, hay.
13. You can do sajda on your hand or on someone else’s back if the area is very crowded. But there has to be an
excuse/uzer.
14. Sajda has to be performed with rigid part of nose and forehead. If there is a reason, sajda can be on the nose
only e.g., if injury on forehead. Example: When going for Hajj
15. One must not raise sajda level higher than feet level by ½+ an arm’s length i.e. tip of your finger to your
elbow. Example: Table is higher than ½ arms’ length
16. For sajda to be valid, the hands and the knees must be on the ground and the toes of the feet. #P said “I have been
instructed to pray on the 7 bones”: forehead, 2 hands and 2 knees and 2 toes of feet. When go to in sajda, the
proper way is knees go down first and then hands and then the nose and the forehead
Ruku
17. It is a shart that ruku be done before sajda
18. After rising from the first sajda, you have to sit and then go back into the second sajda. This sitting between the
sajda is a shart. Jalsa, must have a pause (jah lah sah = to sit). If you don’t sit up at all, then prayer is invalid.
And when sitting up, has to get back up MORE than halfway or sajda is invalid.
19. To return and perform the second sajda is a fard. Both sajdas are a fard. According to Ahl as-Sunna wal-Jam’a
scholars, the second prostration is like a fard, like the first sajda. The wisdom of doing second prostration to show
our devotion to Him. Some scholars said that when #A ordered Adam (as) offspring when making the Covenant,
the Muslims raised their heads and to view those who were not prostrating (unbelievers) and for the second time
prostrated to Him thanking Him for His blessings of assistance”
Sitting/Jalsa
20. **It is fard to perform the last siting for the time equivalent to reading the Tashahhud (Attayad…) is rukn of
prayer. Last sitting = last attayad, so in a 2 ra’kah prayer, after the last ra’kah. Then you have sittings. In 4 ra’kah
prayer, the 2nd Tashahhud time, what is fard you have to sit in that position in Tashahhud but do not recite but sit
as long as it will take you to recite the Tashahhud. If you do not sit that last sitting, so do 4th ra’qah sajda and
don’t sit for long enough is a fard. Recitation of attayadallah is wajib, not fard.
21. The last sitting has to be the last sitting.
o Example: finished the last Tashahhud and then forgot the last sajda, now you have to do sajda again as it’s a
rukn for prayer to be valid, and do the las sitting/Tashahhud again
P a g e 85 | 101
Fiqh Notes 2019-2020
b. But, if the Imam is leading a nafl prayer e.g., Tarawih is sunna muakada, and come rushing and haven’t
prayed Isha which is fard, cannot do that because the Imam’s prayer is the muakadir’s prayer so not possible.
You cannot repeat a fard prayer but can pray nafl with them.
c. Example: If prayed asr fard at home, and now go to masjid to attend lecture and you join behind the Imam
and pray nafl behind – cannot do that!
d. If you overslept at fajr time you pray sunna, cannot pray tahajjud as no qada’. Cannot pray qada’ nawafil.
e. Missed isha of night before and wake up for fajr. Can pray qada’ of isha prayer after fajr. Best to pray witr
before go to bed so don’t miss it if don’t get up in the morning.
P a g e 86 | 101
Fiqh Notes 2019-2020
o Example: goto Lahore for 5 days and then on 6th day, decide to stay for another 10 days and so that’s 16
days so then no longer a munasaffir. If in a journey and you’re planning to extend the stay, then plan to
stay, then counter restarts.
o Example: goto Lahore 5 day and 6th day, decide will stay another 13 days, now look at 6+13, then more
than 15 so should not have been a Munassir. If extend trip on 13 th day, then remain a Munassir. Say on
11th day of the 13 day trip, you decide to stay another 5 days, then the counter will restart to do counter for
5 day. If instead on 5th day, stay for 10 days, then counter restarts and will be a Munasir.
o Example: Ref Umar (ra) – kept staying for govt work when travelled and kept extending travel dates, kept
reading qasr for 6 months.
When travel, you will shorten qasr in active time. Example: Plan to stay in UK for 21 days, but while in process of
moving from one destination to the other, during that time, will pray qasr. But as soon as reach destination, then
will pray full.
o Active time = time staying at the destination, versus the travel time
o If intention of travel after finnah, you have to pray qasr
Qasr will finish as soon as cross finnah and then enter into city limits, then pray full even if not in actual .
CLASS NOTES
P a g e 87 | 101
Fiqh Notes 2019-2020
P a g e 89 | 101
Fiqh Notes 2019-2020
An Ayat of Tilawat that is recited in the prayer, must be done in the prayer. If you do not do the sajda of tilawat
during prayer, then cannot do it after prayer is finished, then cannot make up. MUST DO TAUBA.
It is disliked to recite a Sura and leave out the ayah of Sajdah. This is Makruh. But opposite is not
Makruh/disliked i.e., only recite the ayah of sajda
When you are reading the Quran and you only recite the verse of Sajdah and then shut the Quran, this is also not
liked. It is Makruh. It is recommended/Mustahib to add another verse of the Quran because we don’t differentiate
the status of this Ayat EXCEPT the Aytal Qursi. It is always better that you add another verse to it and then shut
the Quran.
It is preferable to recite the Ayat of sajda SILENTLY but tongue is moving so that you don’t make the ayah of
sajdah wajib for others around you. Recite the ayahs of sajda silently so the second person will not be able to
hear it
There are certain scenarios in the book
o Scenario 1 (p264): If man joins the jammat, he hears the Ayat of sajdah and he is able to join the Imam in the
sajda e Tilawat, then this is sahih/correct.
o Scenario 2: If the man joins the Imam AFTER the sajda e tilawat, but his joining is before the rukku is
complete, then he’s caught this rak’ah, but he’s not done the sajdah e Tilawat, so now it’s as if he’s done sajda
e tilawat.
o Scenario 3: If the latecomer/mazbook, heard the Ayat of sajda but was unable to join the rukku, then he’s
missed the raqaat, now the person must do a sajda e tilawat prayer alone AFTER the prayer.
BABUL JANAZAH
Rights of person who is dying.
1. When you see the signs of dying on a person (not dead yet), it is Sunna to turn him on his right size and it is Sunna
for him to be facing the Qibla
2. It is permitted to keep him on his back, but elevate his head with pillows, and it is facing to the kaba.
3. Thalqeem – it is a sunna and it is to remind the person to say the shahada as there’s a Hadith of the #P that
whosever’s last words are “La Illahi Illillah” so do talqeen of your dying ones. How do do talqeen?
a) You should start saying “La Illaha Illilah” softly but loud enough that the dying person can hear it. DO NOT
SHOUT it, just softly and if there is quiet around, will hear it
b) Do not tell the dying person to do talqeen. It is a very painful process. If in pain, he may say “I won’t say it”
and you caused him to say it at point of death, may then become kuffar and it will be your fault. Leave it if
don’t do it. Rule for believer. If it’s a disbeliever, then order him (ref p299) to say “La Illah Illaha”, ref story
of dying Jewish boy and father said follow what #P
c) Do not distract the dying person by saying “Don’t go. We are not ready…” please allow that person to go in
peace. By begging that person to stay in this world, makes dying even harder and worse. So let the dying
person connect with #A as now time for them to return to their Rubb
d) Remember tauba is accepted until the time of ghurgarrah. So if in the state of dying at that point, #A will
accept repentance.
e) If a dying person is in pain and the doctors say we can make him unconscious, do not do that. You take
away the ability of that person to die in shahada or do tauba. So let him go naturally, even if experiencing
pain. WE must be careful with our motives, do not put in a state of unconscious.
f) If saying La Illah Illah all throughout life but not act on it, will not necessarily guarantee will say at time of
death unless you truly are Muslim i.e. act upon on La Illah Illah. Then these people will die with
consciousness on his lips.
g) Taqeen should also be done after the body has been placed in the grave. Reminds the body who is his Rubb.
Ref p299 in 3rd para, says “it is reported by the #P the instruction of saying the talqeen so one is to say “Oh
XXX remember your religion on the world, that hellfire/resurrection is true…{copy from the book}. You’re
allowed to remind the body and remind it of all of these things. Ref on same page. Ordered the bodies of
P a g e 90 | 101
Fiqh Notes 2019-2020
the slain and put them in a well. Called to them by name and talked to the dead kafireen said better to accept
#A and he asked question and replied to own question “You do not hear my words better than they do?” This
is sahi Hadith
h) While a person is dying, it is better to recite Sura Yaseen in his presence. So Mustahib/recommended to pray
Sura Yaseen as it helps the soul in leaving the body. Some scholars also say good to recite Sura Iraad.
i) Difference of opinion between scholars whether woman has hayd or nafaas, should remove herself from the
presence of the dying as ref a Hadith as “angels don’t enter the house when there’s a picture, dog or junaab”.
So will the angels come into the room or not? There are 2 angels
a. Angel of death – will go anywhere, cannot be stopped
b. Angels of mercy – will stop if place is not clean or if there’s a picture in the house. We recommend
that woman with hayd should visit very quickly and leave so no chance of angel of being in that room
GHUSL OF MAYAAT
1. The deceased should be put on a bench for the ghusl. Should circle the bench in odd numbers and put incense
P a g e 91 | 101
Fiqh Notes 2019-2020
2. Place the body on the bench. Either the right side facing the Qibla or feet towards the Qibla so the head will face
the Qibla. Whichever is easier.
3. The private area should be covered from the naval to below the knee (the awra) at all times. Women should wash
women, and men should wash men.
4. The clothes are to be removed and a cloth should be placed on the private area, it’s haram.
5. The person is to be given Wudu, without rinsing the mouth and the nostrils. If it is a non balagh child, then the
child is not given Wudu.
6. If a person dies in the state of ‘hadasay akbar’ died in a state of Janaba/haayd/nifaas, then their mouths and their
noses are meant to be gently rinsed. Obviously water not come out, so put a little water in nostrils and mouth. It is
important to remember to treat the body of the dead as if alive. So water not too cold and not warm. Ghusl done
but the people who love you.
7. There should be water that is boiled with cidr (leaf of loath tree) and khuddar (leaves) so that it’s sceneted water
and wash the body with this water. If cannot find cidr or khuddar, use plain water
8. The head and the beard should be washed with ‘marshmallow’/khidmy. If cannot find, use plain water.
9. Deceased is turned to left side and now pour water from head to toe on the mayaad. The right side is washed first
and it should reach everywhere. Now turn body on the right side and pour water everywhere.
10. Deceased needs to sit up and stomach needs to be massaged gently so all feces come out and it needs to be washed
away but keep them covered. Only washing area wherever the feces may come out. And washing process is not
to be repeated. If you feel the filth has not come out, and some are still attached the body, then use tissue to
remove the filth and then run water over it.
Ref P304 Hadith. When #P’s ghusl done, traces. But found no filth when did ghusl.
11. The body is now dried with a cloth and hanoot/balm is placed on beard and on the head. Can use camphor. Places
which put camphor on all the joints in 8 places:
a. Forehead
b. Nose
c. 2 hands
d. 2 knees
e. 2 feet
12. Do not use cotton as should wash with water
13. The nails or the beard or the hair is not to be cut, trimmed or combed, includes hair on the private parts. So, it’s
sunna to remove the hair on the private parts every Friday. And the removal of this hair should not go beyond 40
days. Otherwise it is sinful!
14. Wife is allowed to wash deceased husband as still wife for 4 months and 10 days after his death. Preferred if men
do it.
15. The husband cannot wash/ghusl the wife because there is no iddat of a man i.e. Not mehram. As soon as death
happens, the nikkah has ended so that the husband is not her mehram anymore. If she was a woman who was
veiled, then should also be covered from husband. Burial is different. Husband
16. If no women available, then husband can purify her by Tayamum. Dust on face and elbows
17. If female dies among men then she needs to be purified by Tayamum. The man who conducts this must have to tie
a cloth around his hand.
18. If a man dies among women, then the women has to do Tayyamum of him with cloth tied around her hand. If
mehram is there, then can do tayammum without cloth on his hand. Even mehram has to do tayamum without a
cloth on their hands
19. It is permitted for a man to wash a young girl who is not baligh, as long as he does not desire her. Same for
women – can wash a young boy who is not baligh as long as she does not desire him
20. No harm if kisses the deceased out of love (p305) – Sayed A’isha (ra) said she said I saw #P kissed Uthman ibn
Madood (ra) was a sahabi and he was a Muhajir and the first among the Muhajireen to die. Also Umar (ra) kissed
#P when he died
21. It is the financial responsibility of the man to prepare the burial of wife – for shrouding and the burial. Even
though he is no longer her husband no longer, even if he is in financial difficulty.
P a g e 92 | 101
Fiqh Notes 2019-2020
22. Whoever dies and has no money, then the cost of the coffin is to be paid by those who are financially responsible
for her e.g., family. If no family, then baytal maal will have to pay. And if not baytal maal, then the people of the
city should pay for the kaffan (shrouding) and duffan (burial/grave).
Sufficient shrouding
Just enough. Izaar and Lefafah so less money.
Fard shrouding
Only the lefafah. One long piece of cloth. On page 307, it says Musayb ibn was martyred on day of battle. So #P said
cover his head with it and cover his feet with the grass.
Sufficient
1. Izaar
2. Lefafah
3. Khymaar
Necessary shrouding
Whatever is available
WOMEN’S KHAFFAN
1. First lay down the kharkaah – the smaller piece of cloth (long) where it will come over the chest. Size of a big
shawl.
2. Then lay down the lefafah
3. Then put the Izaar
4. Then deceased woman is already wearing Kharkha still on the wet bench, and put onto the izaar. Her hair is
divided into two sections and place the hair on the right and left the side of the chest. Now, the hair is NOT
BRAIDED, left open.
P a g e 93 | 101
Fiqh Notes 2019-2020
5. The khymaar/veil put upon the face and the hair. IT’s a piece of cloth and put it over the head. Khymaar can be
long.
6. Now lay on the dry bench and fold izaar left first and then right
7. Now the lefafah left first and then right.
8. Now tie knots the end.
9. Kharkah will be tied around her chest so that kaffan does not open up – last step so khaffan does not open.
4 CONDITIONS
1. Deceased must be Muslim
2. Deceased has to be in a state of purification of ghusl
3. Deceases has to be placed in front of the people
4. The majority/body has to be present. If not, then half of the body with the head has be present.
The janazah of someone who is not present, then cannot do a janat ul janazah. Ref: the prayer made for Najashi by
#P. He prayed for Najashi but #P was not in Ethiopia at the time so prayed over the Ghaib (missing). However, the
Ehnaaf said “he was not from the Ghaib as the angels brought his body and #P prayed over it.”So if someone dies in
China and you want to pray Janazah in Pakistan, cannot do it if in Ghaib.
5. The people should be standing for the prayer
6. The deceased should be placed on the ground
7. There are 3 Makruh timings apply to Janazah: i) after Fajr when sun rising above; ii) when the sun is at the
meridian; iii) after asr when the sun starts to descend below the horizon, changes color and goes below the
horizon. If the body is ready at the Makruh, you should bury but work on doing it at the right time
8. 4th Takbir
9. Do salams from left to right. No ruku or sujood
10. If Imam says fifth Takbir by accident, then don’t read Takbir but follow in salams
11. If the deceased was insane or it was a young boy/girl, then there is no dua of forgiveness for them as they are
balagh and so they are sin-free. We ask that (Ref p312)
12. Salat ul Janazah in technicality is not a prayer as no ruku/sujda, technically a dua. The steps are: i) praise of #A;
ii) Durood sharif; iii) make masnoon dua; iv) sunna takbir.
After finishing the duas, burying the body
2 TYPES OF GRAVES
1. Lahad – ref image in book p 320. Is an L shape grave and there is a room made at the bottom for the body. Grave
with an empty space dug into the side of the bottom of the grave which is toward the direction of the Qibla and
large enough for the body. Preferred way for Hanafi to be buried because #P was buried this way.
2. Shaqhah – simple rectangular trench and it’s low block walls along the sides.
i) Lahad Grave
The body of mayaad must be inserted into the grave from the direction of the Qibla and this is the way #P was the
way he was buried. The placement of the side of the kaffan closest to the Qibla and then the one who is inserting
the body inserts body part closest to the Qibla. Body should be pulled by the feet. The person placing the body in
the grave is
The deceased is placed to face the Qibla upon his right side
Lahad room has to be blocked off by unbaked bricks and bamboo. This is the kind of grave for #P.
The use of baked bricks and wood is disliked as not beautification of the grave and seen as construction
Curtain the grave of a female, until you are able to brick it up for the hayaad of the woman
The grave is then filled with earth.
When done, it is recommended to sprinkle 3 scoops of earth on the grave.
P a g e 96 | 101
Fiqh Notes 2019-2020
3. Men are recommended to visit the khabirstan/graveyard to remind them of their own death and will join the death.
(In book slightly different and including women) and not making dua.
4. If marker on the grave, no ayat, no tombstone over the grave Can put a name or a small marking of a stone
5. When passing by the graveyard "Asalamoo walaa al yaqoobXXXX" whoever enters the graveyard, should recite
Sura Yaseen. #A will give reward for the number of people prayed over
6. There is no dislike if the reciter wants to recite the Quran (p327) it's fine
7. It is disliked to sit near the grave for any other reason rather than reciting.
8. Should not step/walk over the grave
9. It is Makruh/disliked to sleep on a grave
10. It is Makruh Tehrimi to urinate/defecate on a grave
11. It is disliked to remove greenery around the graveyard. The proof #P's action by 2 graves, split a branch of green
date palm and stuck on 2 graves. I hope their punishment maybe lessened until their graves
12. Allowed to put plants. Not allowed to take flowers to the graveyard as it's traditions of people out of Islam.
P a g e 98 | 101
Fiqh Notes 2019-2020
16. People have to listen to the sermon. Must remain silent during the kuttbah is wajib. Ignore others, even if the
kutba is in another language.
17. It is sunna to cut down of the time between to the khuttbah from the time to recite any Sura from musaffil section,
both khutbah should not exceed time limit. Makruh to length
but you will be sinful. For Friday prayer, if you don’t attend the khutbah, the prayer is not valid. Eid has no
azaan for Eid/Tahajjud prayer.
2. Eid prayer only need one man behind the imam
3. The khuttabah is after the prayer vs. before for Jummah prayer and this is not the sharqt/condition of the prayer.
To bring the khutbah in Eid prayer before the prayer, then it’s sinful as not from #P. So Eid prayer is a gift
blessed us with fasting from Ramadan so Eid prayer is the gift. The Laytal ul Jahayza – ask for compensation for
what you want/need. But Eid prayer is your gift/toufa for fasting the month of Ramadan.
P a g e 100 | 101
Fiqh Notes 2019-2020
3. Once prayer is complete, the Imam will do 2 khuttbahs just like jummah prayer. He will talk about them about
Sadaqah ul fitr.
TWO TERMINOLOGIES
Ayaam un naar = days of sacrifices. 10/11/12 of Dhul Hajj. Sacrifices should be done during these three days.
Ayaaul tashreeq = 11/12/13 of zhul Hajj.
Takbiraat of the shareeq = should be reciting from the fajjr of the 9th of zillHajj for yawmal Arafat and recite
them until 13th of zhulHajj. After every fardh prayer, reciting these prayers once is fard, reciting 3 time sis a
sunna and men do it LOUD, and women do it softly/sirri.
SALATUL ISTIKHAAH/DROUGHT
Read in the book
SALATUL KHAUF/BATTLE
Read in the book
Read during break in the battle. Peopled divided into 2 groups. Group A and Group B and the imam.
Group A prays behind the imam and Group B stands watch that enemy doesn’t attack. They pray half the prayer
i.e. 1 rak’ah. After sajda, Group A go without salam and go guard
Group B comes and stands behind the imam and prays second rak’ah and not do salam
Group A returns to pray second rak’ah without reciting the Quran (Sura or Sura fatiha) as Imam has gone and
remain silent where imam would have recited. Once they are completed its 2 rak’ahs and will 2 salams and will
go and stand on guard.
Now Group B will come back but can pray together or can pray where they are standing and pray their second
rak’ah with recitation of the Quran (because they are the latecomers to the prayer) and so they will complete
prayer for both groups.
P a g e 101 | 101