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FIQH CLASS 1: 4 September 2019

Every Muslim’s goal is to build love for #A.

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!

DIFFERENCE BETWEEN HADITH VS SUNNA?


 Hadith is a solution to a specific problem for a specific person, so takes into account context
versus Sunna refers to rulings for all. Book of Hadith are not to apply the principles, the principles have been
derived by the scholars before us.
 We are called the “People of the Sunna and of the Jammati” i.e., Ahl-as-Sunna wal-jama’a. We are not wal of
Quran. When we study Fiqh, we are 2 things in Sunna of #P and the rulings from the scholars.
 Hadith: Bani Israel are divided into 72. But the Ummah will divide into 73 and only one will go to Jannah. #P
replied about who will go to Jannah “what I am on and what my Sahaba (Ikraam) are on” will be the group to
Jannah i.e., Ahl-as-Sunna wal-jama’a. 4 schools (Mujahadeen).
o Example: Hazrat Umar (ra) established tarawih for 20 ra’kahs and we believe in the Al Hasaab so we cannot
negate what he said. He was beloved to #P and in Quran there were 20 rulings when #A took rulings of
Hazrat Umar (ra) over #P.
 Fuqaha and Mujahadeen = people who give rulings (have excelled with majority of the subjects). They don’t look
at only one Hadith, they seek to reference multiple subjects. In sciences, they deal with 22 subjects, so incumbent
on us to follow those rulings which were formed within 3 generations of #P.
o In Quran, says “ask people of knowledge if you don’t know”  traditional/classical Islam. #P says these 3
generations are best after me.
Fiqh Notes 2019-2020

 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.

FIQH CLASS 2: 11 September 2019


HOW WAS FIQH DERIVED?
 1st Proof: How fiqh was derived.
Fiqh is not a ‘normal’ person’s job. Many proofs. There were at #P’s death, 100,000 Sahaba Ikraam. They met him
and/or saw #P. They went to key Sahaba for advice and at the time, 130 to 150 Sahaba had deep and excellent
understanding, but 7 biggest Sahaba Ikraam known as = Fiqh Mujahideen (Sahaba who are the foundation of Deen).
They were known as mujtahids:
1. Umar ibn Kittab (ra) – held Caliphate for 12 years 5. Zayed ibn Thabit (ra)
2. Ali (ra) 6. Zayed ibn Abdullah ibn Abbas (ra)
3. Abdullah ibn Masud (ra) 7. Zaid ibn Umar (ra)
4. Aishah (ra)

 2nd Proof how important we need to learn Fiqh so we can apply


o Quran: “It is not necessary for all the believers to go forth. So why should not a group from every section
of them go forth, so that they may acquire a perfect understanding of the faith so that they may warn the
people so that they may warn the nations when they return so that they may take care (of the rules of
Shariah). ” Ayat relevance to Battle of Khazba. Not everyone should go for Jihad/war as some need to
stay back so that when people return from Jihad, there is someone to teach them.
 Fiqh comes from understanding. We need to learn to control our response e.g., when praying differently, don’t
correct the other person.
DIFFERENCE OF OPINION AMONG THE FUQAHA VALID
 Within Fuqaha, still room for differences of opinion and so not all muftis must absolutely agree on everything.
They don’t derive ruling by choice, they view Quran, then look at Sunna. If answered, then don’t go forward.
o Example of deriving TV fatwa: Cannot find Quran or Sunna. Then see Ijma, if no consensus among Ijma then
go to Qiyas as exhausted first 3 options. They will say, as an example, #A made alcohol haram because it is
addictive and not beneficial for you, even though it has benefit. Keeping Qamar in mind, and if applied in this
example, this is called Qiyas.
 Only Muftis can give fatwas and must use QSIS – no issue in difference, both opinions are valid. Among the
Fuqaha and jurists (people wo give rulings higher than Mufti)/Mujahadeen). Acceptable as they apply all 4
principles, even though different from all other rulings e.g., calling one Eid date all over the world. Fatwas also
applied differently across the world. Has to be hayaats (bounds of Shariah).
Hadith: #P sent two groups of Sahaba to Banu Nazir a town and pray asr there. When they head out, because they
delayed leaving, then one group realized would not reach Banu Nazir on time. One group said would pray asr
immediately (on the way) and then go to Banu Nazir. The other group wanted to follow #P exactly so reached Banu
Nazir late around magrib and so prayed the qada of asr. When they came back to #P, shared the 2 groups – one
prayed on time and one later. #P said both timings were correct = difference of opinion supported.

DIFFERENCE OF OPINION BETWEEN MADDHABS


 Are valid in Ahl Sunna wal Jamaa as long as the opinion has been given on the QSIS
o Example in Quran: Sura Baqara – Are the divorced women shall keep themselves waiting for 3 periods (3
timeframes). Imam Hanifah (ra) is saying for Quruin = means menstrual cycle itself. She has to keep her
iddat period from 1 hayd (menstrual cycle) and divorce completes when the third one ends. Imam Shaafi (ra)
Quruin says it’s the 3 times cycles of purity – so it’s a shorter compared with Imam Hanafi (ra), by about 5-8
days depending on cycle.
 Q: Why does it matter about the small differences? Lots of rulings related e.g., laws of inheritance

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 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

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ABOUT THE SAHABAS AND THE 4 SCHOOLS


 H: #P said “The best of the people are those of my generation” i.e. “Sahaba Ikraam” and then those who come
after them “Tabiun” (followers) and the “Thabit Tabiun” (their followers). Anything that comes after them, they
start to deteriorate. Today 1441 years after, we’re so far from the best of the generations!
 Why were they the best? Because:
o 1. They were closest to the physical light/noor, i.e. closest source to #P;
o 2. They were the closest, their understanding of the #P’s teachings was the best as #P taught himself so in the
physical presence;
o 3. The next two generations followed the sahaba ikraam very closely. Important, all our Fiqh was derived in
the first of these first 3 generations so considered the most authentic and all 4 imams born during these 3
generations. All Hijazi Imams*
The 4 Imams
 Imam Abu Hanifa (ra) – Born 80 AH in Kuffah, Iraq and from tabiun. Man of logic and used a lot of Qiyas,
which benefitted a lot for later generations. His opinions are based on Abdullah ibn Masud (ra) (he is from the
first 7 mujtahibs), and he had migrated to Kuffah, Iraq. Abu Hanifa (ra) was born the next generation after
Abdullah ibn Masud (ra) in Iraq (at time center of Arabic and Islamic center). Imam Hanifa said he heard 17
Hadith directly from the Sahaba Ikraam, young in his age (8 to 9 years old, travelled with his mother). and
Abdullah ibn Umar (ra). #P made dua for 3 Abdullah’s which came true in their lifetime.
 Imam Shaffi (ra)* - Born 150AH is tabatabiun, another 80 years after Imam Abu Hanifah. Followed the
teachings/opinion of Abdullah ibn Abbas (ra), and stayed most of life in Ijaaz area (i.e. Medina/Mecca) after #P,
migrated in Kuffa. So, all Fiqi ruling and come from the actions of Abdullah ibn Abbas (ra). Old fatwas
differences usually between Abdullah ibn Masud (ra) and Abbas. Note, Imam Ghazalli followed the Shaffi
Madhhab. Imam Shaffi (ra) was a direct student of Imam Hanafi (ra) at one point. He said about Abu Hanifa (ra),
in fiqh, people are dependent on Abu Hanifa (ra).
o He said to quote his respect to Imam Abu Hanifa: “In fiqh the people are dependent on Imam Abu Hanifa
(ra)”
 Imam Malik (ra)* - Born 93AH and known as a man who chose to follow the culture of the people of Medina.
He lived and died in Medina and just loved Medina! He said where #P went to, established and had Islamic
culture propogated in Medina. His opinion based on thinking the locals must be following what #P had taught
them.
o “That I have not known anyone like Imam Abu Hanifa (ra). By Allah, if he said this pillar were made of gold,
then he would have brought an analogic reasoning to prove this pillar is made of gold.” He was applying in a
humorous way the analogical reasoning power of Sura Maida.
 Imam Ahmed ibn Humbal* (ra) – Born 164 AH, came last and youngest of Imams. He was a man very strongly
connected to #P’s Sunnas. His basis is he would not swerve away from the Sunna. He is referred to as “Muhadis”
and his students gathered his rulings and followed them in a school. He’s known for his logical reasoning and is
comprehensive. Note: Saudis derived some rulings, but they have gone onto another path, following Abdul
Wahab who created another understanding from Humbali Maddhab and took a very strict and literal view; they
follow “Wahabism”
o He said “If any matter, there is an agreement between 3 certain people, then you should pay attention to that
verdict/fatwa and no one can deny it.” Those three people are all of the Hanafi Maddhab – 1. Imam Hanifa
(ra), his students 2. Imam Abu Yusuf (ra) and 3. Imam Mohmd ibn Al Hassan (ra)
 About 100 years ago, all the scholars belonged to a Madhhab.
HOW HAS FIQH BEEN DERIVED?
 [New info] When have a problem, look at (a) and (b) to conclude for (c). But way fiqh derived, (c) the solution
was already established so now need to determine (a) and (b). The sahaba knew as they saw #P do activities such
as wudu. Each Imam, would then look in Quran and Hadith to find (a) and (b) i.e. ask why doing (c). When
figured (a) and (b), would apply the principles of the situation.

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 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.

FIQH CLASS 3: 18 September 2019


PRE-CLASS NOTES
The factor to learn deen is passion=talab. Somewhere in our life, #A grants people tawfique – people asking “what is
my purpose in this life?”. We get lost in the ‘rat race’, education, university, marriage, kids etc. No one tells us to stop
for a minute to reflect why we are here. But sometimes, #A opens a window for us to ask these questions, He gives us
tawfique. That search creates a passion/need to learn more. #A gives us a kindle/flame lit, and our job now is to make
that flame bigger, don’t let it die out. To turn it into a passion of fire. We should want to be: connected with #A, learn
more and get closer to #A. Our course’s point is ‘not to know everything’ as the knowledge is so vast like the oceans
and we can only absorb so much. It’s about learning with an intention that “I want to learn #A, I want to connect with
Him.” This demands sacrifice, steadfastness, struggle and consistency. Then He will give us the tools to achieve
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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.

ABOUT TEXTBOOK NUR UL IDAH


Covered the purpose of fiqh, why we study fiqh, why it was created.
Nur ul Idah covered in 6 books.
 Book 1: Kitab Tahara – Purification  Book 4 – Fasting / Sawm
 Book 2 – Salah / Prayer  Book 5 – Zakat
 Book 3 – Funerals / Janazah  Book 6 – Hajj and Umrah

**CHAPTER: PURIFICATION – KITAB TAHARA


Why started, all are worships. We need to be in a state of wudu and ghusl, before we can worship. Covers ghusl,
wudu, breakers of wudu/ghusl etc. After Kitaab Salah, Kitab Tahara is the longest chapter. Two concepts:
 Purification = taharat = purify yourself from filth/najasa. When one is not in a state of wudu, then in a state of
‘spiritual’ najasa. Should always try to state in a state of wudu. Don’t wait for the prayer! If someone passes gas,
bleeds or urinates, all those don’t produce a bad smell BUT they take you into a state of impurity (vs
uncleanliness)
 Cleanliness = safai. #P said when men come to the Friday prayers, should be in ghusl so they should be clean (vs.
being spiritual pure). If we sweat, we smell and so need to realize – so buy light fabrics that are breathable. Use
powders and deodorants with you, and if you sweat a lot, then change of clothes. Bad body odor = harms others.
As Momins, we should not harm others knowingly. #P also said to Sahaba Ikram: “If anyone eats onions, he
should not pray in the masjid.” That foul smell will harm others around us. We are aware of being pure and
cleanliness.

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

Proof: Water is Purifier


 #A said in Sura Furqaan #25/48: “That we sent down from the skies water.” So by default, Maun Tahuran = pure
water.
 As such, the 7 sources of water are pure.
Proof: Need to Purify
 Hadith: “Anyone gets up in the morning, before putting your hand in the pot of water, you should wash your
hands because you do not know where your hand slept at night.”
 Example: A lizard goes over your hand while you slept so have najis on hand. If put into the pot of water (Maun
Khalil), now all impure.
5 WATER TYPES / 7 SOURCES
Water is such a blessing, should not waste. Always use a ‘muud’/container if can as #P did previously. The following
are 5 water types:

Maun Mutlaq Maun Makkruh Maun Maun Maun


Musta’mal Najisoon Mashkook
Water that is pure in itself Water is pure in itself Water pure by Impure water Water pure itself,
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itself but a doubt in it


and it also purifies others but disliked for but not purifier cannot be a Depends
i.e. is a purifier purification purifier
7 water sources: ROR Example: If house cat Leftover wudu Example: small Example: water
WHSS (any eligible pet) water is impure quantity of where an animal,
1.Rainwater - #A caused considered family water as carries water into such as donkey or
rain to descend from the member become pure in one’s sins so which an mule, has drunk
heaven, to clean you certain circumstances. So considered filthy impurity has from.
therewith if saw a cat (or similar from a spiritual fallen, e.g.,
2. Ocean /seas water animal) drunk from small aspect. urine but must If water
3. River water - #P [dead amount of water after see fall. The unavailable, then
things in it permissible] eating a mouse. You can save the water is deemed do tayammum.
4. Water from wells water to drink, but impure for
5. Melted snow water If this is ONLY water NOT wudu wudu even if no Doubt = shaaq
6. Hail water upon melting available, then better to trace of the filth
7. Spring water still use this water but appears therein.
disliked i.e., not haram.

Note: cannot do
tayammum unless water
is unavailable

RULINGS FOR WATER


If a solid pure thing falls into water, and the water loses its viscosity/thickness, then it cannot be called water anymore.
Example: big pot with Maun Mutlaq (pure water) and tomato puree added, and pour into water, what happens? The
viscosity/thickness of water changes so not considered water any more.

2 THINGS THAT CAN HAPPEN WITH WATER


1. Possibility that something pure falls into it and can be a) solid or b) liquid
 Water has 3 qualities (TCS): taste, colour, smell (TCS) and viscosity (for solids only).
 Principle: solid pure thing falls into the water, and the water loses its viscosity then it’s not water anymore
 Hadith (Sahih Bukari): man who fell down from his camel and died. #P said: “Wash him with water and lotus
leaves and shroud him in 2 pieces of cloths”. This indicates that if objects such as lotus leaves fall in the water it is
of no harm, for the water has retained its essence.”
o Example: Add tomato puree to water. Sauce is pure. But fuqaha say it changed the viscosity/thickness of the
water, so no longer considered water anymore  cannot act as a purifier.
 If add pure solid thing falls into water and does not change thickness/viscosity of water, then it’s still called water.
When add solids, check viscosity, like a vegetable.
o Example: Add saffron (solid) + water = no change in viscosity of water so still water. So can use be used
 If add pure liquid thing (can have CTS) falls into the water. The fuqaha say 2 out of 3 qualities (majority) of
water has to change. If only 2 qualities that can be considered, then if 1 change, then not considered water.
o Example: Add milk – taste and colour have changed  not considered water anymore, not purifier.
Quantity of Water (Khalil/Katheer)
Need to consider the quantity of water when something falls in.
Note: water can be retained in a place that is either — square, circular or rectangular as is seen in ponds and basins.
Need to know quantity to apply to rulings on water.
Imam Yusuf (ra) and was visiting Imam Mohm (ra) masjid and saw the pond outside where Muslims were doing
wudu. He took that measurement and referenced that pond to define Maun Khateer versus Khalil.

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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

FIQH CLASS 4: 25th September 2019


 Principle: Running/Flowing water ruling is same as Maun Katheer (large), so if impurity falls in and one quality
of water changes, then it becomes impure
o Example1 (from above): Swimming pool is Maun Katheer (large), if one drop najis (sperm/stool/urine/blood)
= CTS does not change, still pure
o Example2: Flowing river and someone sacrifices a goat and blood goes into the stream and stream then turns
red so color changes. Now water is najis use. However, as soon as the water changes to clear, probably a few
minutes, to clear/original, becomes pure again.
o Example3: Washing machine is Maun Khalil (small). If put children’s clothes with urine/najis and put own
‘clean’ clothes for namaaz, then get washed into washing machine = all najis. Choices:
- Automatic washing machine water: If dirty water flows out and fresh water flows in, then considered
flowing water, but clothes have to pass through water 3 times. Set machine’s water cycle at least 3 times,
then no issue – now flowing water

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- 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
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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

3 WAYS FOR MAJOR RITUAL IMPURITY


Ways to get into the state of major ritual impurity. If any of these three 3 less than a dirham coin on your skin, then it
is fard to wash it (wiping insufficient), even if it’s a drop. It’s even more filthy than your feces.
 S1: Hayd – menstrual cycle
 S2: Nafaas – bleeding after childbirth
 S3: Janaba – fluid after sexual intercourse
[Sidebar] AWRA
 Absolutely forbidden to expose your private parts in front of others so istinja has to be done in a private place. In
Hanafi Maddhab, private part = “awrah” starts from bellybutton/navel to just below the knees of a man AND a
woman both.
 Can expose to husband for marital relations.
 For waxing private part, and exposing part, cannot shown.
 Must be taught to kids at an early age e.g., wear shorts at age at 5 years old, so will think it’s ok. Should be
teaching on day 1 so they never lose their ‘haya’ (modesty). Even with a baby, they don’t like running around
naked! So, should encourage that “haya” as difficult to put it back in.
MAKRUH IN ISTINJA
Makruh = disliked. Not haraam. It’s makruh to use the following
 Use bones or food of human beings and animals. Cannot use animal bones as they’re jinns’ food
 Baked bricks or anything made from fire such as glass, charcoal, gypsum. As touched by fire
 Anything pricey like silk and cotton as has value can be used elsewhere.
 Disliked to use right hand for istinja unless/until there is an extreme need e.g., left hand is broken.
 Makruh to touch your private parts with the right hand.
ADAB OF ISTINJA
1. Enter bathroom with left foot and say dua: 'Oh Allah! I seek protection from you from the unclean spirits, male
and female jinns “Aloohma inni A’oodhu Billaahi min al-khubthi wa’l-khabaa’ith. Evil jinns tend to reside in
filthy places.
2. If people remain filthy, like in a state in janaba and don’t do ghusl, then they invite the evil jinns towards
themselves. That’s why take a ghusl as soon as have intercourse or as soon as hayd finishes.
3. When go to bathroom, keep head and feet covered. Can keep a small scarf in the bathroom.
4. Sit leaning on the left side to put pressure on the stomach and makes is easy for filth exit
5. No talking in bathroom as it’s a place to come out asap as evil jinns residing in it.
o Sahih Hadith: #P said #A becomes very angry when talk while relieving yourself
6. Makruh Tahrimi (highly disliked/almost haram) to face the Qibla or have back to Qibla while relieving yourself.
When travelling, should check which way is Qibla. Muslim should always be in a state of awareness. Also, adab
not to have feet facing the Qibla.

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FIQH CLASS 5: 2nd October 2019


Continued
7. Against adab to relive in a shade (traveler will sit so will make him filthy), under a tree, in a hole (animal can
come out) or in water (it will become najas, and could have been used for washing/drinking purposes).
8. Makruh to urinate standing, unless there’s a valid reason. Reason why is likely that will have urine drops on
clothing. Syeda Aisha (ra) says that she never saw the #P standing up. So, wo/man should sit to urinate.
o Example: valid reason, like if filth on the ground.
o Hadith: #P passing graves with horses and they started acting up. #P said when we passed 2 graves, the
punishment was given for a backbiter and the other did not manage his urine drops.
o Specific shaytan of wudu and puts waswaas in your head
o Punishable act if don’t care about urine drops i.e., acting negligible, versus making a mistake
o Avoid toilet splash back: Drop a toilet paper into the toilet bowl so it breaks the surface tension in the toilet
9. Exit bathroom with right foot which is covered “That all praise is for Allah who has repelled from me harm and he
has protected me” = Masnoon dua when exit: “Alhumdulilah azzabi w’aani aafani” and another dua
“Ghufraanaq” (I seek your forgiveness). This is Hazrat Nuh (as)’s dua, sought forgiveness from Allah swt.
SEPARATION OF TOILET BOWL AND WUDU AREA
 Olden days, “urination/defecation area” was separate. Maliki madhhab is strong about the layout.
 In your mind, demarcate an ‘imaginary’ line in your bathroom which separates a pure and an impure areas i.e., the
toilet and the washing areas. When use the commode, considered the filthy area, cross over with left foot.
 Clean areas allow you to recite dua such as when do wudu, or doing tasbih or just need to wash hands so need to
speak your kids.
 Last thing to say when remove clothing, say “Bismillah ir-Rahman ir-Rahim,” to shield yourself so jinns cannot
see. When naked, cannot be in remembrance of #A. The ruling is to remove clothing starting from the left side
and when put on clothes, the other way around. Jinns can ‘mess with you’ so need to be careful.
o Jinns are haqq, and so true. Also have Sura Jinn. They would come to listen to Quran with #P.
o Hadith: Jinn complained to #P and said “I am tired of your ‘naked’ people”. So #P gave the order to Sahaba to
say dua as not all want to see bodies. Disturbs their households. Ref: Quran Sulaiman (as) where his wife
was half jinn and father was human. Bigger worry are male jinns.
[NEW TOPIC]
TERMS
1. Rulings regarding Fard (3) [Arabic] – opposite Haraam
1. An obligation, i.e., MUST. No choice e.g., salah, wudu
2. Sinful if a fard is not followed as you’re held accountable
3. If a person denies a fard, he becomes a kaffir.
o Example: don’t believe in concept of prayer, so deny a fard act versus you don’t pray (you’re still Muslim)
 Rulings

2. Wajib (3) [Arabic] – opposite Makkruh Tahrimi


1. An obligation, like fard
2. Sinful if wajib is not obeyed – gunna kabirah. Example: Witr prayer
3. If a person denies a wajib, (i.e., says does not believe in it) he does not go out of the fold of Islam i.e. does not
become a kafir
o Example: The journey Isra (i.e. #P went from Masjid Haraam to Masjid Aqsa) is in Quran (Sura Bani Israeel),
so a fard of every Muslim to believe.
o Example: Now journey from “Baytal Muqaddas” to 7th heaven is “Mehraaj” and belief is wajib but if don’t
believe, won’t go out of Islam, as not clearly stated in Quran, unlike Ayat of Isra
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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.
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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.

OLD PRE-CLASS TALK: SINS

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.

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2 KINDS OF SABOOT
Saboot 1 – Qati as saboot (Arabic)
– Qati means “definite” in Urdu and Arabic. So definite source.

Saboot 2 – Dhani as sabot (Arabic)


– Dhani means vague, so vague source i.e., weak proof, “not definite”.

Application of Qati and Dhani Saboot


 Ayat says “establish the prayer” (akiyam as talalh), it’s a command. When look at an Ayat like this, must first
look at the saboot. Where is the Ayat coming from?
 So source = Qati saboot. Now ask whether clear/vague – it’s clear as clearly says “establish” so Qati al dalalah.
 When the combination is Qati as saboot and Zani as saboot, then combination is not strong so ruling is Wajib. If
combination has Zani on one side then cannot be requirement.
1. Saboot
- proof
Qati (definite) Dhani (vague)
Qati Fard Wajib
2. Dalalah (definite)
– interpretation or understanding Dhani Wajib Ruling is not wajib
(vague)

3rd questions – dhani as sabot + dhanni al Dalalah then ruling is not wajib

FIQH CLASS 6: 9th October 2019


Pre-class talk
Currently, should not impart knowledge EXCEPT for your children to get them to implement them. No-one else is
under our jurisdiction. Husbands are in charge of the house. When we learn something, do not correct husband. The
best way to pass on our knowledge by:
1) By example, and only explain if asked by them.
2) Refer to the institute – goto Sessions of the Soul or Tafseer
3) Sign up for online class

**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.

REASON FOR WUDU


 Surah Maida v6 [need to memorize this sura] stated need to do, refer the Ayat which is Qati as Saboot (from
Quran) and Qati ul Dalah and so makes ruling Fard:
o “Wash your faces and your hands up to your elbows, and wipe your head and your feet til your ankles.

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4 Pillars of Wudu (ruken)


Farayd of Wudu, need to wipe once in Hanafi (if more than once, then considered washing). Sunna is to do it 3 times.
On judgement day, limbs washed by Wudu will shine. Note, you can ‘rub’ water all over the areas, as it’s not
necessary for water to drip.
1. Wash your face ONCE lengthwise (forehead to chin), breadth-wise between two lobes. Few drops should flow –
definition of face, is everything someone can see of your face, so from hairline to chin and from one ear to the
other.
2. Wash hands with arms until/including elbows ONCE – Hanafi school defines until as including elbows.
3. Wipe ¼ front of head ONCE – Do “Masah” of the head, the Fard is do ¼ of the head. [=nasiyah is the ¼ of the
head]
4. Wash feet with ankles, including heels ONCE – Hanafi school defines until as including.
If leave any farayad of wudu, then there is no wudu, it’s invalid!

3 CONDITIONS WHICH OBLIGATE WUDU


1: Akhul/Sanity, Baloovod/Maturity, Islam
Aisha (ra) stated “pen lifted from 3: a) sleeping man until he awakes; b) immature person til maturity i.e., Hanafi
15yrs old; c) insane person until restores sanity”
a. Akhul = Sanity
b. Baloovad = Maturity
The signs are:
 Girls = menstrual cycle or 15 years old in the lunar calendar.
 Boys = “wet dream” (discharge from body) by boys over 11 years old should start to be considered Baloovad and
should pray Witr and Sunna Maukaada. By age of 15 years old by lunar calendar, maturity achieved. Now have
to pray and pay zasskat.
c. Islam = Muslim
2: Sufficient water for one Wudu
Having ability = having sufficient water. Equivalent glass water

3: State of minor ritual impurity


Must be in a state where Wudu is broken. So making another Wudu is Fard upon you.

CONDITIONS THAT VALIDATE WUDU


1: Pure water has to reach all skin
so that not even a pinhole of skin remains. So, check eyebrows, skin, nose, mouth, inside the elbow etc.

2. Anything that breaks Wudu must stop


Example: passing gas or nose bleed. Need to finish/stop and then do the Wudu so it will be valid.
If pass gas while doing wudu, then have to do wudu again.
Note, need Wudu = when in minor ritual impurity. If major ritual impurity, then do ghusl

3. Remove “objects” on skin preventing water permeation


 Examples: grease, lip gloss, wax, coats the limbs and head on which Wudu is fard.
 If water doesn’t penetrate, then Wudu is not valid. Nail polish is not permitted as no Fatwa passed. Even paint
from walls, oil, glue then even on hand, needs to remove with turpentine.
 Permissible: hair dye and henna. Not permissible: oil.
4. Beard properly wiped
If a man has a beard, and it is very thick, so cannot see the skin, then the Fuqaha say the outer part of the beard is
considered the skin and the Wudu is valid. If beard is thin, then water has to reach the skin.
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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.

7. Omission – of any parts of wudu


Example: If fingernails long and dirt underneath, then can remove and then wash, then Wudu is still valid. For skin,
can go back later and wipe over the nails and don’t need to do the wudu again.
Cooking & Wudu
1. Kanaahkaab (food place) = wife of Sheikh said never served food unless she was in Wudu, as believes should be
pure and in a spiritual state.
2. Always stir food anti-clockwise, like Tawaaf for Kanakaaba
Refer to other items books, chapter of Wudu, page 54 – etiquettes of wudu. They are things that are liked for wudu.

MUSTAHIB OR MANDUUB FOR WUDU


= things that are liked/recommended.
1) Sit on an elevated place to do wudu.
2) Face the Qibla
3) Do not help others to do their wudu
4) Do not talk while doing wudu
5) Make wudu niyaa in the heart, but also do intention verbally
6) Make duas transmitted from the #P
7) Say “Bismillah hirahmaniraheem” whenever you wash each limb
8) Insert the little finger within the opening of the ears to increase the area of wiping
9) To move around the wide loose ring to ensure optimum cleaning is among the desirable practices of wudu
10) To gargle ad draw water into the nostrils with the right hand and with the nasal mucus with the left hand
11) Performing wudu before the time of the prayer has entered is form the etiquette of wudu, though not for a person
who is excused. The issue of the person deemed excused is detailed later.
12) To recite the two declarations of faith after the completion of wudu while standing. The #P said fi anyone of you
performs ablution and performs it well, and when he finishes ablution, he utters the words “I bear witness that
there is no God except Allah and I bear witness that Muhammad is His servant and Messenger; all the 8 doors of
Paradise will be opened for him, he may enter through any of them.”
13) To drink from the remaining water of wudu standing is a recommended practice of wudu; meaning, one is to drink
from the remaining water he performed wudu from and do so standing facing the Qibla or one may sit because the
#P “drank standing from the excess of wudu, the water of Zamzam”
14) Upon this, it is recommended to say “Allahuma ij’alni min at-tawwabin waj’alni minal mutatahhirin” = “O Allah
make me from among the repenters and make me from those who are pure.”

MAKRHU DISLIKED IN WUDU (6)


1. Do not waste water - #P passed by Saad making Wudu and said to him, what is this wastage? Saad asked if there
is wastage in Wudu? #P said yes, wastage even if you are by a flowing water.
2. Also don’t use too little water – moderation as may be insufficient
3. Slap water on the face – don’t slap faces as it’s a place of honour
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4. General speech – no talking during Wudu


5. Seek assistance other than a reason – e.g., sick, have a cast on the arm is ok
6. Wipe head 3 times using new water each time – because would become washing. Wiping can only once with
Sunnah

FIQH CLASS 7: 16th October 2019


SUNNA OF WUDU (BOOK NUR AL-IDAH = 18 LISTED)
Sunna can be categorized in other ways though Book Nur al-Idah which has 18, so the number can be different.

Sunna 1: Wash hands


 Wash hands to the wrist before doing Wudu 3 times as #P says doesn’t know where hands have been – this Hadith
is ruling of “Maun Khalil” - small quantity of water is not purified
Sunna 2: Recite Tasmiyah
 Verbally recite Bismillah ar Rahman ar Raheem. Hadith: If not recited, then only minor sins washed away from
washed limbs, but if verbally say tasmiyah, then all minor sins washed from entire body.
 Anything that is not started with #A name, then that activity is cut-off from the mercy of #A. Also start with
Bismillah as Wudu is a worship. Shaafi/Maliki say Bismillah is on the tongue. That’s why must draw the line
within the bathroom to divide impure (toilet) with pure area (washing area).
Sunna 3: Begin with Miswaak or Sewak
 Miswak should be done at the beginning of Wudu, even before washing hands.
 Get full reward for using miswaak.
 If don’t have miswaak, then the alternate is your index finger and must make intention replacing finger with
miswaak or a toothbrush, though toothpaste is not required. A replacement does not replace the original, so
reward cannot be the same.
o Example: baby formula cannot replace the benefits of breast milk.
Sunna 4: Rinse mouth 3 times
 Can rinse with one or three handfuls of water. Rinse and spit 3 times.
 Garlging in mouth = “Madmadah”
Sunna 5: Run water in the nostrils
 Put water up into the nostrils 3 times is Sunna but must be 3 SEPARATE handfuls of water.
 Should go up to the soft part of the nose.
 Rinsing nostril is called “Istinshakh”
Sunna 6: Increase depth of rinsing & gargling
 Should take water to back of the throat and rinse mouth to back of throat.
 When rinse your nose, do it as comfortably possible for you and technically go to the soft bone of the nose.
 Exception when fasting, then Makruh to take water to the back of the throat, as water by accident may go further
down and may break your fast. Also, when fasting, better if Madhmadah and Istinshakh is done ONCE to fulfill
Sunna.
Sunna 7: Pass fingers through bottom of large beard while hand has water on it
 This is called, Khilaal of the beard (ghaff lam alif lam)
 In Hanafi mahaab says that having a beard is wajib and not Sunna Maukadda.

Sunna #8: Interlace the Fingers = Khilal of the Fingers


 In the book, #P ordered “if you make Wudu, interlace the fingers of hands and feet.”

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 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 #9: Wash 3 times


 Wash the face 3 times, wash hands up to elbows 3 times and washing feet 3 times.

Sunna #10: Wipe entire head Sunna


 Wipe head once is Sunna vs fardh ¼ which is the equivalent of nasiya

Sunna #11: Wipe ears


Sunna #12: Rub limbs with water is Sunna (Dalat = action of rubbing water on limb in wudu and ghusl)
 Fard in Shaafi Maddhab as to ensure that every point is covered.

Sunna #13: Wash limbs successively is Sunna


 Follow one action after the other i.e., wash without a break.
 If leave in the middle and then return to complete Wudu, then miss out on a Sunna.

Sunna #14: Intention in Wudu is Sunna in Hanafi Wudu


It’s sunna in Maliki/Shaafi maddhab it is fard. The emphasis on this is a lot as no Wudu without an intention so a
prerequisite for prayer. The reason Sunna not a fard in Hanafi Maddhab because it is NOT mentioned in the Quran,
reference the 4 steps of wash/wash/wipe/wash only stated.
Q: Jump into the swimming pool, still in state of Wudu?
Ans: Maon katheer = unclean (see color has same, smell strong but not Najasah). There are 4 Farayd – face has to be
washed; b. arms has been washed; c. wipe at least a quarter; d. feet have to be washed. If jump into pool, then
automatically in Wudu. Should do again for the bara’kah of it.

Sunna #15: Chronlogical order of Wudu as mentioned in the Quran is Sunna


Face, arms, head, fee

Sunna #16: Begin with right side when wash limbs


Combine with #18.

Sunna #17: Commence washing from tips of fingers and toes


 For head, start from the start of the forehead to the back using last three fingers
 Sunna start with the tips of the fingers

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.

HOW TO DO WUDU PRACTICALLY?


Follow this 13-step sequence
1. Make niyaat for the sake of Allah, in the heart
2. Say Tasmiya i.e. Bismillah Ar Rahman Ar Raheem
3. You do miswaak or use your index finger to rub the teeth (complete reward is of miswaak)
4. Wash hands up to the wrist (not Farayd, make sure hands are clean). At this point khilaal
5. Do khilaal of fingers
6. Do madmadah - rinse and gargle the mouth, Can use one or three handfuls of water. If fasting, only gargle ONCE
for the bara’qah and ensure not down to back of your throat as may invalidate your fast.
7. Do istinshakh - run water in your nostrils and use 3 different handfuls of water. Careful when fasting.
8. Wash your face 3 times – put water on your face (lovingly) hairline to chin, earlobe to other earlobe, eyebrows
everywhere. Rub eyes, eyebrows (to ensure water reaches skin), cheeks etc.

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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.

ETIQUETTES OF WUDU / MUSTAHABA OF WUDU


Read in the book and add more points**
1. Should be in elevated place
2. Face Qibla
3. Wudu self, preferably not assisted
4. Not talk to people during Wudu
5. Can drink remaining Wudu water in mug standing
6. Make dua when finished, stated in book – ‘Allhooma alajani wa mutabeen wa mutabahkireen’
FINISH from book***

3 DUAS AFTER WUDU


 Look up and say the duas after finishing Wudu.
 Second dua should make leaving bathroom recite Tashahhud so all 8 doors of paradise will open for him and he
may enter through any one of them: “Ashaduh, AnlaiIllaha wahdahu…”
 Another dua “Allahoo marli XXXXX “ and put bara’qah for me in my rizk

CATEGORIES OF WUDU (3)


Wudu Category 1: Fard Wudu (4)
Wudu has to be done for these 4 things as it’s a rewardable act:
1. Prayer - Fard upon the person who wishes to pray or prayer will be invalid
2. Sajda al Tilaavat (prostration of recital) – 14 ayats in the Quran according to Hanafi madhaab where needed
special sajda). See Line on top of the ayats. Example: If reciting Quran but break wudu, must first make wudu
and then do sajdah al tilaalavat.
3. Namazah al Janazah
4. Touch Quran / Mus’aaf

Wudu Category 2: Wajib Wudu (1)


For the Tawaaf of the Kaba

Wudu Category 3: Mustahib or Mandoob (6)


Liked/recommended to be in wudu =mustahib. Those that help spiritual state, like when spiritual learning
1. Before sleeping
2. For Sahih – for Saif and Marwah during Hajj (but need Wajib for Tawaaf). Don’t worry if lose wudu during
sahih, don’t worry about it!
3. Did Wudu but not done any worship with that Wudu, then Makruh/disliked to do another Wudu on top of that
within the same prayer time. Can do wudu in the NEXT prayer time. Example: did wudu in zohr, now do in asr
time. Should try to do some kind of worship, even praying Sura Fatiha. Remember, doubt > certainty, the wudu
is not broken.

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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.

OLD Pre-class notes: Talib


Lack of “Talib” (desire) among in general population among our deen. Only few scholars and they are so inundated
with work. When given opportunity of scholars attending, not giving own time to attend. When in the US, lived in
area where lots of scholars visited, the young ones in the community would attend. But people made the effort as they
wanted to learn. However, in Pakistan quite behind. Need to make effort to take time out to attend. Find that women
have it more versus the men, who seem more concerned about money. Sheikh Tauqeer going to Peshawar for a week
from 9am to 9pm all day, from 15th to the 19th. “Haqeedah Tahavia” (other one is Haqeedah Al Asharay) – very thin
book can self-read and instead do that book. Friday evening & Saturday morning class.

[END OF CLASS]
Add mustahib extras from the book
Read nullifiers of wudu BEFORE coming to class

FIQH CLASS 6: 23rd October 2019


NAWAKADIL WUDU (NULLIFIERS OF WUDU)
These 12 points listed below can ONLY break Wudu on the face of this earth. MEMORIZE these points as anything
outside, cannot break Wudu
1. Anything that exits from front and back passage (sabilayeen), nullifies Wudu (puss, urine, stool/feces, blood,
discharge)
o EXCEPTION: the air/wind which comes out from a woman’s front passage, happens especially after having
children.
o Hadith - #P said: “anything that exits from the 2 paths breaks Wudu”
2. Give birth without seeing blood, nullifies Wudu – if situation when baby is born and no bleeding, then her
Ghusl is intact, but only wudu is broken.
o If blood comes out at childbirth, then needs to have Ghusl and happens after period of Nafaas.
3. Flowing of an impurity – such as blood or puss – from anywhere else other than the sabilyeen i.e., two
passages, nullifies Wudu. Example, if had infection, puss has flowed so Wudu broken.
o Definition of Flowing = the impurity comes out of the wound and it leaves its place of origin, and it flows to
the surrounding skin area i.e., spreads.
o Example 1: Scratch from rose bush on arm, but doesn’t flow, then Wudu is valid; or papercut as long as not
even a blood drop comes out.
o EXCEPTION: Ruling for pimples only. What if have pimple and puss comes out? According the law and
deliberately break pimple then not nullified, BUT if breaks on own i.e. naturally, then Wudu is nullified.
Note, if blood comes out, then redo Wudu.
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Fiqh Notes 2019-2020

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.

THAT WHICH DOES NOT NULLIFY WUDU (10)


1. Appearance of blood that does not flow

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Fiqh Notes 2019-2020

2. Piece of flesh or scab where blood does not flow


3. Any worm that comes out of a wound, or exits from ear or nose – as not exiting front/back passage
4. Touching one’s private parts
o Hadith: #P says it is not a part of you?
5. Touching a woman e.g., husband hugs wife, or kisses wife (Hanafi Madhaab) –
o Note, in Shaafi madhaab, if touch any woman then wudu breaks, even if mother or sister
o Aisha (ra) would fondle/kiss some of wives but would pray without making wudu.
6. Vomiting less than a mouthful
7. Vomiting phlegm even more than mouthful
8. Sway while sleeping in a manner sitting on the ground, BUT if fall over, Wudu is broken
9. Sleeping in a firm manner, even if one is leaning on a support where he will fall over if removed. Important for
travelers, sitting where both buttocks placed firmly and when backrest is taken away, Wudu is not nullified.
10. Sleeping in prayer, even if during Ruku and Sajda, as long as maintain posture – only for men. Their backs are
straight.
o BUT not for women, we are supposed to do it where we maintain maximum modesty, so we are close to the
ground where muscles are relaxed, so chances will break wind. For women, our backs are not supposed to be
straight so our bums do not stick out, then this position is more relaxed. In sajda, our buttocks are close to the
ground and that position is such the air can be released.

**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.

Men Women Ghusl Required


Madhi (p67) pre-ejaculation fluid or pre-cum; a below
[meem dahl big- thin clear/transparent fluid
yeh] released from a man’s private
parts when he is sexually aroused.
Kazi above female equivalent of madhi, also Kazi does not
[big-khaf, dahl, clear thin clear fluid like a man and break Ghusl.
big-yeh] pre-ejaculation fluid. Can come out Need to do wudu
due to read/view/think ‘wrong
material. Kazi does not break Ghusl.
Need to do wudu

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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.

OLD QUESTIONS in CLASS


 Masturbation in Islam is forbidden/HARAM. But if do that, and no mani, then ghusl.
 Ref Hadith “Man said to #P, I experience sexual desire. #P response said: “you must fast so your sexual desire is
taken away.” Must ensure you eat minimal foods. Oral sex is haram.
 If masturbation locally, then science says make them physically weak and can become impotent.
 So they say marry young, send both kids off to university together if education.
 Contraception is allowed in Hanafi Maddhab.
[END OF CLASS]
Homework – that which obligates the bath. Read Pages 65 to 75, whole chapter up to tayammum.

OLD PRE-CLASS NOTES


Hadith al Qudsi (exact words from #A):
“Whoever does a good deed, he will have a reward 10 times like this, and I add more (reward) and whoever does evil,
will have the punishment like it. And whoever approaches me by one handspan, I will approach him by an arms’
length, and who approaches me at arms’ length, I will approach him fathoms length, and if someone comes to me
walking, I will rush to him with great speed.”
SB: We should rush to great speed to #A but He’s not put that onus on us, and just said make the trip towards Me.
There are multitude of Hadith that says you will gain 10 to 700 times the reward. There are lots of ways to do good
deeds, but one way: Help someone, give charity, ride home, help with homework, look after kids beyond rights, do
good something to husband…. Vast variety, so if cannot do one kind of good deed, then look for more avenues.
When we do functions hosted them outside of institute, have 2-fold Niyaat: a) provide a comfortable & safe
environment so can focus on studies when learning and hassle-free; b) when bring “outsiders”, must view as a place
they want to learn deen from that place i.e., environment must be beautiful and comfortable.
Should give based on ‘difficulty’. Should pay Qari sahib as “hadiya” (gift). Cannot repay them as it’s not payable
back. When give to institutions e.g. masjid, for our benefit.

FIQH CLASS 8: 30th October 2019


Pre-Class Notes
We cannot be people of hopelessness! Not about how many marks get in class, must remain attached with deen of
#A. The course is to connect with our Rubb. Need to consult with teacher if circumstances change and she will guide
you the best. IMPORTANT – don’t break bond with the class. We are all sisters in Islam and need to reach out to
each other and hold our bond together, like sending messages if someone is absent from class. We need an approach
of love and obedience/command and need to find balance. Our NUI teachers’ goals are to change the lives of people,
learn deen of #A in a way that is committed. We need to understand we’re people of Iqqlaq. We need to build trust
with teachers and know our teachers don’t want to let us go! Need committed love to class, teacher and #A to make
change = STEADFASTNESS. We are gifted with this knowledge and hang onto it.

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Fiqh Notes 2019-2020

WHEN GHUSL COMPULSORY


That which obligates ghusl.

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).

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Fiqh Notes 2019-2020

Book ref p66:

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.

Point 6: GHUSL: When hayd finishes, then ghusl is obligatory


Point 7: GHUSL WAJIB: When Naffas (can last up to 40 days) finishes, then ghusl is obligatory/wajib.
 “Chillah” in Urdu refers to 6 weeks refers to naffas. This concept is WRONG, must finish the post-baby bleeding.
As soon as it stops, whenever, must be held accountable.
 No qa’dah of prayers missing due to naffas.
Note: NEW MUSLIM - If any of 1 to 7 points before one becomes Muslim, then he must (obligation/fard) perform
ghusl. If not, then ghusl is mustahib/recommended only. So, difference must be made clear to the new Muslim.
When a girl is young, like 13 years old and doesn’t have hayd, then ghusl is not fard.

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THOSE THINGS THAT DON’T OBLIGATE GHUSL


1: Mazi or kaazi
2: Wadi does not obligate the ghusl
3: If not mani, then no ghusl.
4: If a woman gives birth without any blood coming out, there is no ghusl, only wudu
5: If a man inserts his penis into a woman’s vagina, but a cloth prevents the feeling of sexual pleasure, then
there is no ghusl
Note, does not consider condom.

6: Putting in medicine into the anus, no ghusl


Example: suppositories put into the front or back passage, so no ghusl required.

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

8: Having sexual intercourse with an animal as long as there is no mani.


Must discharge semen for ghusl.

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.

THE 3 FARAYD OF GHUSL


1: Wash the mouth ONCE – Madhmadha
 Madmadaha is rinsing of the mouth ONCE and gargling the water to the back of the throat
 EXCEPTION not done when fasting in case you break fast

2: Putting water into the nostrils – Istinshaaq


Take water to soft part to the soft part ONCE

3: Wash entire body once


 Water must reach entire body including navel, back of neck, behind the knees. If shower, usually reaches
everywhere. Can also do dalaak (rub entire body) and ensure every portion of your body is wet so Farayd of ghusl
is complete.
o Example: roots of hair, in inside of ears, behind ears, under armpits, into navel, behind knees and best thing is
to do dalak*
Exception for female
 Hanging part of woman’s hair, doesn’t apply for the men
 For men with braids in hair e.g., African men, must untie their hair and perform ghusl, regardless of whether water
goes everywhere even if braided
 Hanging hair doesn’t need to be wet.
 Ref: Hadith in the book about a Sahabi asked about washing given she had very curly hair and #P said: “pour
water on the head only. He said it’s enough to throw 3 handfuls of water on the head.” So, for very long hair,
then can leave braid in place and pour water on top of head & ensure entire scalp is left.
 Do ghusl + Wudu as one entity i.e. one succession as Sunna. Try to all the rest of things e.g., remove extra body
hair before or after.

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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.

2: Intention in the heart – same applies from Wudu


 Intention is in the heart. If do in heart and doing Tasmiyah on the tongue then
 Tasmiyah (tongue) and niyaat (heart) coincide

3: Wash hands ONCE up to the wrist


 Because hands are the tools for cleaning so have to wash
 Do khilaal

4: Wash impurity (najaasa) on your body


 If any visible najassa (najaasa haqqiqi on the body), wash away

5: Wash private parts with left hand


6: Make w complete Wudu along with Sunna
 Make Wudu as taught earlier. At this point, don’t wash your feet as water is still standing so impure water is
going to be on feet anyway.
 Don’t face Qibla or back is facing Qibla so out of adab stand in direction that neither front and back do not face
Qibla. The water collecting in Wudu, then understand that water standing, so do feet at the end.

7: Pour the water on body three times


 Covers the fard
 Put water on head 3 times, right shoulder 3 times and left shoulder 3 times.
 If standing under the shower, just turn from right to left to get water everywhere.

8: RUB THE BODY ALL OVER (DALAAK)


 Hanafi school = sunna, but don’t let it go. Do khillal of the toes as well. Now ghusl is complete.
 fard for the Shaafi madhaab
Read Sunna of Ghusl yourself in book

ETIQUETTES (ADAB) OF GHUSL


The recommended (mustahabaat) things for ghusl. Note: Everything disliked in Wudu are the same things disliked in
ghusl e.g., Makruh hands of Wudu EXCEPTION in Wudu can do duas but disliked in ghusl, because during ghusl are
uncovered
1. All recommended (Mustahib) acts of ghusl are also the same as the mustahabaat for Wudu EXCEPTION is facing
the Qibla as naked
2. Cannot read dua in ghusl as naked, but in wudu mustahib to read wudu
(Read everything else in the book – 16 points on page 73)
3. For convert to Islam while free from major ritual impurity (Janaba) e.g., menstrual periods and postnatal bleeding.
Ensure purity
4. Recovering from fainting or insanity
5. After Hijama
6. After washing a dead boy
7. After baraaq 15th Jabaan ie. Shabah bharaat
8. Night of Layla ul Qadar
9. Visiting Medina
10. Hadd
11. Solar eclipse
12. Seeking of rain

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13. Salatul ul Khauf Prayer


14. Recommended for after washing a dead person

WHEN IS IT SUNNA TO DO GHUSL 4 TIMES?


Ref when fard: person goes into state in Hadasah Akbaar – hayyd, nafaas and Janaba.

1: On Friday for Friday prayer


 Sunna for men and it’s for Jummah prayers.
 For women, ghusl is Sunna for the day of Friday i.e., after Thursday maghrib for the entire day.

2: Eid Prayers (for men)


 Eid ul fitr, eid ul adha

3: Wear Ihraam (for Hajj outfit)


4: In Arafaat after the time of Dhuhr time enters
 After the sun passes the meridian, after zohr enters. Today, depends on the facilities then Sunna to do Ghusl.
 If facilities not there, then don’t do it.
END OF CLASS

OLD PRE-CLASS NOTES


Concept of “Sukhba” (company of others i.e. sahauba). If delve into your hearts. Hadith #P said “good company is
like going to a perfume seller, the least you will walk away with, is a good. The best you will get is a gift from the
perfume seller. perfume. (both good outcomes). Bad company is like being in the company of blacksmith where least
you will get soot and the worst is to catch on fire.”
As coming to institute, start to get into the state. Want to start avoiding certain company. Few people are given a
blessing of meeting with #A. Because of the company kept, some will stop coming. Friends sometimes want you to
stay with them and scared of the change. Listen to your heart and do not allow yourself to be unfocused.
Sitting with teachers, will have an effect. If you have such a dark heart and no effect, then will prevent from more.
Our two goals of coming to class or will be knowledge on a donkey’s heart:
1. Spiritual – cleansing of the heart
2. Academic knowledge – must understand Deen
Make your company as righteous as possible. Either #A will draw away from the other company. If scared of
slipping, go to teachers. We think we can control Naafs but hard.
Nadyya bajji sent reminder: significance of the reminder.

FIQH CLASS 9: 6th Nov 2019


READ TAYAMAM

**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)

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REASONS FOR PERFORMING TAYAMMUM


1: IF THERE IS NO WATER FOR A 1 MILE VICINITY – THEN CAN PERFORM
TAYAMMUM
Example: about to miss prayers and no water in the vicinity of one mile radius (in every direction), then can do
tayammum. If there is water, must do Wudu.
Two types of absence of water.
(i) Real absence – when water is not available in reality. One has to seek water if nearby or ASK people or see if any
trees/birds in any area where there maybe water. Then cannot do tayammum.
 Example 1: In dessert, only see sand. Cannot see any signs of water, then not required to seek water but no signs.
But if travelers crossing by and ask and they say there is water 5 minutes away, within 5 miles, then must go get
water.
 Example 2: In a City, water can be found everywhere in a small store so cannot do Tayammum.
(ii) Legal absence – water maybe available, but you do not have the ability to use it. Lots of reasons.
 Example 1: Very sick, but if use the water to do Wudu and will get more sick then legal absence.
 Example 2: people on 4 busses to Mecca, thought would reach in time before maghrib in Mecca but traffic so bad
and no place to go and could see asr was going to run out. Cannot stop the bus as no place and cannot get people
off the bus as not safe. This is a legal absence of water and there is no way to get to it. Use dust from clothes,
glass, seats etc.

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.

7: WATER AVAILABLE BUT CANNOT GET TO THE WATER (LEGAL ABSENCE OF


WATER).
Note, Must make a VALID reason not to do tayammum.
Example: there’s no bucket to get the water out of well. Momin should try to find a way to get to the water OR could
be in a dessert, but should look for signs of water e.g., via birds or trees and start walking. Make a decision to walk in

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one direction and still cannot find water, then do Tayammum. Should not make the prayer qad’ah so no reason to
defer.

8 CONDITIONS THAT VALIDATE TAYAMMUM


CONDITION 1: INTENTION/NIYAAT IS A FARD
 For Wudu and ghusl it’s Sunnah. In Sura Furqaan in Ayat 48: “And we have sent down purifying water (mahaan
da Huraan) from the heavens.” But Tayammum is done with dust, and that’s not a purifier by default and becomes
a purifier by the permission (hookam) of #A so a niyaat becomes a fard (mandatory) before it.
 This verbal/heart niyaat to be done when place hands on soil, just before starting Tayammum.
 Tayammum Soil: defined as sand, dust and should be ‘clean’ ie. No najasa (Note – soil is only considered pure for
tayammum.)

What Validates the Intention?


1: Must be Muslim for intention to be valid to make Tayammum
2: A person has to have the ability to differentiate. Differentiate means what is right/wrong one must be able to
differentiate what kind of soil to use in Tayammum i.e., impure vs. pure soil. This is NOT about maturity/baloogat.
Should be sane (as insane person cannot differentiate what is pure and what is filthy).
3: Should have knowledge for what the Tayammum is intended for. Intention of Tayammum is very specific, must
know what and why we are doing Tayammum as leaving Wudu (big deal!)

Types of Tayammum Intention


When to intention? At the time of putting hands on the soil
1: GENERAL intention: Make intention of Tayammum to come out of the state of Haddas, (from hah dahl thah) –
means ritual impurity -- so can pray anything with this intention i.e., nawafil, sunnah, fard. There are 2 kinds of
haddas:
 Hadasay Akbar – Big impurity – that hadas for which you need to do ghusl. Example: hayd, janaaba (state of
sexual intercourse), nifaas
 Hadasay Asgar – Small impurity – that hadas for which you need to do wudu. Example: passing gas,
urinate/defecate, bleeding, (all nullifiers of wudu), vomit, sleep, faint, temporary insanity, drunk, puss
2: SPECIFIC intention – making this Tayammum for a certain prayer.
 Can make Tayammum for pray nawafil, fard, and Sajdaa al Tilawat (Quran prostration), then the Fuqaha says this
niyaat can also allowed to pray any prayer in that same Tayammum because logic is sajdah is part of the prayer.
 Tayammum intention is for Janazah prayer, but because Janazah is also a prayer, s/he can pray other prayers with
same Tayammam.
 If intention is specific to prayer, CANNOT pick up Musahaf/Quran with it. That’s why always better to make a
general intention
3: Wudu Worship - Wudu is required to pray, Mus’haaf, Sajda al Tilawat…
 Someone makes the intention of Tayammum for an act of worship (apart from prayer) that requires Wudu, then
s/he can pray with this Tayammum as well.
 Example 1: If Hadasaah Asfar (lost Wudu) and make Tayammum for pick up the Mus’haaf/Quran, so requires
Wudu, so now this Wudu can apply to all worship. (Note: reciting the Quran does not require Wudu).
READ BOOKS in Chapter of Tayammum under Point 1 + subpoints,

Midterms – 10th to 13th December Friday – timetable is status


Tafsir, Hadith, Fiqh. Paper will be MCQ topics covered up to the next 4 classes after this and will finish chapter of
Najjas (filth/purification). Will be tested on that. Study with keeping in mind. Know all terminologies e.g., what
does xyz mean? Will require studying!

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2ND CONDITION – TAYAMMUM REQUIRES SOIL


3RD CONDITION -- SOIL MUST BE PURE E.G., SOIL, SAND.
 Substance must be pure
 Must be earth substance. Can be dust, soil, sand or stone
 Cannot be non- earth substances e.g., wood (chips), silver, gold. Ruling is anything that anything that turns to
ashes upon burning, or anything that is made from fire, so gold cannot be used as burnt in fire. NOTE: the dust
can be on these materials, but not the materials themselves

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

8TH CONDITION – ANYTHING THAT CAN PREVENT THE WIPING/TAYAMMUM MUST


BE FIRST REMOVED
 Examples: nail polish, grease, fat like oil and grease, lipstick, sunscreen
 For hair oil – Fuqaha have allowed wudu/tayammum on top of hair as considered an extension of hair, versus
being considered grease

THE RUQAAN (PILLARS/FOUNDATION) OF TAYAMMUM


Or the Farayd of Tayammum, are 2:

1. Wipe the face


2. Wipe the arms
They exclude the intention/niyaah as it’s considered outside of tayammum.

WHEN TO DELAY TAYAMMUM?


[Ref p83]
When one expects to attain/get water before the prayer time ends, then delay Tayammum until get water to pray with
it.
NOTE – read the rest in the book + request water

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PRAYER WITH TAYAMMUM


What prayers to do with Tayammum? NOTE – read the book.
1: Offer as many obligatory prayers with only one tayammum. Can offer as many nawafahil and fard prayers –
 Hanafi opinion is that as long water is unavailable as Tayammum is intact and will only break by the things that
break wudu
 How will Tayammum break? Same as wakafadil (nullifiers) of Wudu except ONE EXCEPTION is when you find
water and then Tayammum becomes invalid.
2: Is valid to perform Tayammum before the entry of the prayer time
 i.e. running out of time prayer time, as long as no water available
3: If half or majority of the body is injured, then can do Tayammum. If less than half, depends (see next point)
4: If majority of the body is sound, then the person has to wash the unharmed area and wipe the injured party.
 Example: If injured arm, majority of body is sound. So, then Wudu everywhere else but wipe/masah over the
injured arm i.e. the cast
 Example: If bad scratch on arm, then wipe over it
5: One cannot combine the use of water and Tayammum together. Must be done separately.

THE NULLIFICATIONS OF TAYAMMUM


1. Just like the nullifications (nawakdil) of wudu – blood after childbirth, vomit mouthful, blood & overshadows
saliva, sleep, fainting, unconsciousness, drunkeness, laugh out loud in a prayer, if private parts meet with a cloth
in-between and heat passes then wudu and tayammum nullified
2. As soon as you see water that is available and is sufficient to do Wudu then Tayammum is invalid/nullified

[END OF CLASS]

FIQH CLASS 10: 12th Nov 2019


**CHAPTER: HAYD
Ref page 96 in book. Read discussion on talaaq (divorce) as lots of rulings based on hayd. More detail covered in year
2.

“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.

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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

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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

Purity time = 15 days


Maximum of hayd is
Minimum period = 15 days
Maximum +/- 10 days.
There are 2 real bloods between 10 days. Anything between those two bloods, are dumm hookmi. If on day 10, has a
real blood.
Say after 3 months, she sees blood then starts.
Habit = 2 types of bleeding; a) She bleeds same days (dates) of the month e.g., 10 th of every month; b) or she bleeds
the same number of days (not dates) e.g., 5 days, the ones she’s sure about. If you’re any of the two, then you’re a
person of habit.
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Fiqh Notes 2019-2020

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

Ideal case – Normal case

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

Within 10 days, habit can change the following month. How do


If don’t see blood for 15 days, then date of period.

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

After 10 days, she saw


By law, she’s bleeding form the 1st to 15th as hookmi. She’s bleeding from
If exceeding 10 days, then see what was habit last month.

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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

As 15 day purity, so disconnected between the two Bs


Month 2

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

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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

During istihada, still has to pray.


The breaker of 15 days has to come in-between. If there is a B in-between, then could be a damm hookmi and
exceeds 10. If stays within 10, and after that 15 purity comes, then change the habit.
NEW CASE –
Need to ask what is her habit is?

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

Next case – has a habit


Even though blood is only twice during the 10 days, still hayd.
P a g e 37 | 101
Fiqh Notes 2019-2020

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

Next case – has a habit


If last month exceeded the 15 days, then look at the month before that. She cannot get her 5 days until she has a purity
period of 15 days.

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:

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Fiqh Notes 2019-2020

So month 3, blood is on 1st and 4th. Now new habit of 4 days.


Mustahada – 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.
A woman can be a mustahada after only ONE cycle. She can have reset if dates change the following.
MORE EXAMPLES
If B on 1,2, 24
So pray like you’re a mustahada. So if majority of time some yellow discharge, no yellow discharge then mark on
phone.After 15 days of purity passed, then can determine if those 2 days are are khaddah. She has 30 days of purty
gap. For the lady who doesn’t get a break, mustahada, then does 10/20/10/20.

What if you don’t remember previous habit?


Only issue if more than 10 days of hooqmi or haqqiqi, then scholars say “when she has doubt over the start of her
hayd, so she makes a valid guess; and so for next month exceed, then look at the previous case. If see blood in that
prayer time and the next prayer time must keep checking until the next prayer time.
Example – zohr is 12pm to 3.30pm
Imam Hanifah (ra) said cool down prayer, referring for zohr. At 3pm see blood, zohr is forgiven for you. But
finishing is different. So if day 1, 3.29pm period starts and until after 3 days at zohr, start checking until 3pm. Now
asr, don’t see spot, then read asr. If saw blood at 1pm,

Example – woman crosses boundary 10 days of hayd


 She is not required to do ghusl to have tahir. She is tahir from hayd exactly 240 hours, then done from hayd. The
next minute is istihada, even if spotting. So, this woman doesn’t she have to do ghusl to get out of hayd (different
if considering need a ghusl to be in a state of purity for prayer). There are certain things not allowed while in
hayd, such as intercourse. So before ghusl of hayd, cannot have relation with your husband so can have relation
of husband. But for praying prayers, need to do ghusl. Similarly, needed ghusl janaba and then saw blood in
bathroom, next don’t need to do ghusl of janaba but hayd started. Can wait to do ghusl of janaba after 7/8 days to
do both of those things.
 If after 10 days, need to take a ghusl to take out of hayd. But sinful if you don’t pray. After 5 days didn’t take
ghusl yet and cannot have relation with husband until a full time prayer finishes. Note, after 240 hours are out of
hayd and so should take ghusl. If at that time, it was not a prayer time like 11pm, then can have a relation without
taking ghusl, then have relations with husband and then take ghusl and then pray Isha.

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

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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.

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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.

DIFFERENT TYPES OF BLOOD


Any blood that discharges from the uterus of female divided into three types: hayd, nifaas, istihaada
1. Hayd (hah yah dawd) = menstrual cycle.
 Blood that discharges from a female’s uterus who has attained puberty/balugaat, who is not sick or pregnant and
has not reached the age of menopause, which is determined based on the signs.
 The fatwa said reached age of 55 years regardless if menopause signs arrives.
 Balooghat = defined as when a girl gets her menstrual cycle OR she reaches the age of 15 lunar years according to
the Hanafi school. Minimum age of balagh is 9 years old. If girl bleeds before age of 9 years is not considered
balagh. If a girl experience before age of 9, she’s experiencing Istihada.
 Minimum days of hayd for 3 days and 3 nights or 72 hours. So, if bleed for 1 day, then Istihada.
 Maximum days of hayd is 10 days and 10 nights or 240 hours. So, if bleed for 12 days, then Istihada.
 Imam Shaafi says for hayd, a woman experiences bleeding for 1 day and 1 night. In the Ehnaaf is 3 days and 3
nights.

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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

2. Nifas = bleeding after childbirth


3. Istihada = any other bleeding that happens that is not hayd or nifaas.
 Discharge of blood that stops in less than 3 days or is in excess of 10 days
 If woman bleeds after 40 days after childbirth/nifas.
 If female sees blood before age of 9 years old
 If see blood in pregnancy, then Istihada as no menstrual cycle during pregnancy
 Due to sickness, at menopause or after age of 55 years
 Mustahada = woman experiencing Istihada
 Mahazoor person = disabled/handicapped, or a person who is excused in definition of fiqh. It’s a condition in
which one cannot maintain Wudu long enough to pray one fard salah in the time period of that prayer. Could be
gas condition, nose bleed. Unable to stop uzar for time period for praying 1 salah

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.

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Fiqh Notes 2019-2020

Applicable to all types of worship.


As soon as uzar finishes, back to normal. At maghrib time while reading Quran (I did Wudu Quran” and nose start sto
bleed. Now the uzar/combination is now lose of the braya. Now put Quran at side, wait for the nose bleed at end and
now need to bring Wudu again. Whatever you do and wait for bleeding to end and then ready.
How do you know if you’re mahzoor?
 Temporary - Nose bleed is not stopping to pray. Gas and wind may not be able to keep Wudu for months.
Should wait as much as possible until end of prayer time. Cannot miss prayer, do Wudu and prayer with the uzar
 Mutfi gives fatwa -- Condition that is continuous
If you’re in Istihada

OLD NOTES

3 TYPES OF TALAAQ (DIVORCE)


 If a husband and wife are unable to reconcile their differences and there is no other option left at all, only then
option of talaaq even considered. In the eyes of #A, among the halal things, the most disliked thing is talaaq.
That’s why our Fuqaha and our teachers do not propagate talaaq.
 Even when done, must be done under Mushwara of teachers or trusted people who are knowledgeable about deen
and Shariah. Even if woman is being physically abused, then must refer them to someone who is knowledgeable
of deen. NEVER USE WORDS TO ADVISE DIVORCE or will held accountable and all the resulting issues.
Note, sometimes sacrifices have to be made for the sake of children or #A.
a. AHSAAN TALAAQ – (Arabic) best talaaq form, meaning if no other option left and a divorce has to given, then
it should be given in the ‘best of manner.’ A husband divorces the wife with: 1. a single pronouncement; 2 during
a period of purity from menstruation, 3. during which he has not had intercourse with her; 4. Now does not have
intercourse during a period of Iddah (=School of Hanafi (ra) says 3 hayd cycles and at end, she will be considered
divorced). If during this Iddah, husband wants to reconcile (roojooh) with her in different ways, and he does, then
there is no Nikkah that needs to be done. But if the Iddah finishes and roojooh was not done, then talaaq is done
and she is free to marry whoever she wants. Now if husband decides to do roojooh, but Iddah is over, then has to
be done through Nikkah.

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:

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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.

FIQH CLASS 11: 20th Nov 2019


**CHAPTER: MASAH ON THE KHUFFAIN
EXTREMELY important chapter for Exam and general understanding
Khuffain = to khuffs. What is a khuff? A footgear and NOT translated as socks or shoes, note the definitions and
terminologies e.g., shoe (closed) is not a sandal (open)!
In school of Abu Hanifah (ra), the principle is if something mentioned is clearly in the Quran and there is no chance of
any other meaning (no ambiguity), then it can only be overruled by a Mutawatthir Hadith – definition: a Hadith
narrated by “so many people in every generation” that it is not possible that it can be a lie.
Example: Quran is Hadith Mutawatthir, as it has come to us from #P, sahaba etc. so any common Suras can be
considered Hadith Mutawatthir. Quran is a speech of #P. Note, both Hadith have to be Mutawatthir if one is to over-
rule the other. There are other Hadith not in the Quran but are Hadith Mutawatthir.
In Quran in the Ayat of the Wudu in which #A said, “Oh those who believe, that when you stand for prayer, you wash
your faces, and wash your hands up to the elbows, wipe your head and wash your feet up to your ankles” (Sura Maida
in Ayat #6). Must follow the sequence as stipulated.
There is a clear order from #A. In the life of the #P, will find multiple instances (so many there are undeniable), that
#P wiped over his Khuffain. Now, we have a conflict where Quran says wash your feet, but #P at so many places but
wiped his Khuffain. Now need to reconcile these two concepts together – Quran vs the Sunnah. The Fuqaha says in
this case scenario, when have the Hadith of the Khuffain which is Mutawaffir so can over-rule the Ayat of the Quran
but the rulings of the Khuffain but would need to be EXACTLY THE SAME WAY #P did it e.g., how Khuffiayn
were worn. Cannot veer even a tiny bit.
 Rule 1: If over-rule the Ayat of Quran, can only be done by another Hadith Muttawatir
 Rule 2: And when overule the Ayat of the Quran, then must be carried out exactly the way the #P did it
Definition Hadith = qul (speech), the fael (the action) the sukoot (silence) of the #P, or the Sahaba Ikraam or the
Tabayeen.

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Fiqh Notes 2019-2020

WHAT WAS THE KHUFF?


The 5 qualities the khuf (footgear) must have to be called a Khuff:
1: SHAPE - Must have a shape of its own. Hence socks to not fall into this category.
2: WATER-RESISTANT - Water cannot seep into the khuff. So when wipe over khuff, water is not penetrated.
However, NOT waterproof but more water-resistant.
3: STRENGTH - One has to be able to walk a distance of 3 miles without tearing the khuff. Again, cannot be socks.
In old days, used to be made of leather. Nowadays, can be different materials
4: COVERAGE – must cover the ankles, like short boots.
5: FEEL & FLEX – should be able to feel the ground when pray wearing the khuffain. Khuffain have flexibility so
when go into Sajjida, your khuf bends with your foot like a sock, but NOT a sock.
In old days, made from leather so called leather socks. But in current day, lots of different materials can be used.
Modernist view: can wipe over your socks using this ruling.
o Example: Go to work and done Wudu and now break Wudu, can just wipe over socks and do not need to wash
over your feet. Wudu should be done in a pure place versus where the toilets are. So now, dressed in a
manner to lift feet into the sink. Actually Wudu is not done. Must have Wudu places. NO WUDU OVER
SOCKS IS AN INVALID WUDU SO PRAYER IS INVALID.
Why do modernists say this? There are very, very few Hadith (less than 5) which use the word “Jaurab” where #P did
Wudu over jaurab (socks). So modernist took this word as sock. But majority/no of traditional scholars says jaurab
had been used instead of khuff, because in that day and age, it was used interchangeably with khuf (note no knitted
socks back then!) so they say wiping will invalidate. All 4 schools agree, i.e., have consensus, Bill Ijama that wiping
of socks does not validate your wudu.
Ref Book: chapter Khuffain, p88
It is valid for both men and woman to wipe the khuf, to obtain cleanliness from the state of minor impurity, even if the
wiping is on something thick other than leather., and it is the same if the sole is made of leather or not.

7 CONDITIONS THAT PERMIT THE WIPING


Condition 1: Do normal Wudu/ghusl in which the feet are washed.
After the washing, if one wears the khuf,
a) then the next time one does Wudu, now he can do Masah on the khuf.
b) now he has to wear the khuf before the Wudu breaks i.e. must be in the state of Wudu before put on the khuffain
Example: Make Wudu and then put on khuffain but sidetracked and don’t put on the khuffain so now have to make
Wudu and then put on the khuffain. Now next time break Wudu, can wipe over the khuffain.

Condition 2: Cover foot/ankle


The khuffain must cover the entire foot including the ankles

Condition 3: 3 MILE RULE


Must be able to walk continuously in them for 3 miles without your kuffain tearing. It is not permissible for footwear
to be made from glass, wood or steel

Condition 4: Small tears permissible


Each khuf has to be free from a tear, which is equivalent up to the size of the 3 of the smallest toes. Khuf is like
shoes, so can tear, but must be small tear in each khuf. Can have multiple tears in the khuf, but combined tears do not
exceed the 3 of the smallest toes.

Condition 5: No tie
Must hold onto the feet without being tied. But can still have laces.

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Condition 6: Water-resistant
Must prevent water from reaching the skin. The quality of leather is water-resistant, and not waterproof.

Condition 7: Presence of front of foot


The foot’s front part must be physically present. The length being equivalent to the 3 of the smallest fingers on the
hand. If someone doesn’t have a front of the foot and cannot do wipe/masah for him (ref: p88) even if the heal is
present, then cannot do masah. Then must wash the foot end.

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

NULLIFICATIONS OF WIPING (4)


[Ref p91]
 Point 1: wudu is nullified, need to do entire wudu again
1. By all things nullified by Wudu. Example: Done Wudu, put on khuffain, and then break wind. So now, do all
fard and then wipe over feet with 3 fingers.
 Points 2-4: wiping is nullified, but wudu is NOT nullified. So remove khuf, and redo.
2. Take off khuffain invalidates wiping, but not the Wudu. If in state of Wudu, take of khuf, then need to wash
feet again
3. When the majority of ONE FOOT gets wet with water, then wiping is invalidated. Recall, the qualities of
khuffain should be water-resistant but not waterproof. Example: It rains, you step into puddle and majority (more
than ½ foot) of khuffain becomes wet, so need to take off khuffain and wash both feet again. [#P would take
clean dry soil and rub off the bottom of the khuf before entering masjid]

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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.

FIQH CLASS 12: 27th Nov 2019


**CHAPTER: TYPES OF FILTH (NAJASA)
What are the rulings regarding Najasa (filth according to Shariah) is the wahib and the plural is Injaas. So soil is not
najasa so can pray in clothes which have soil.

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.

1. Najasa Ghaleeza (Heavy Filth)


Includes things like alcohol, flowing blood, the meat of a dead animal and its hide, the urine of animals whose meat is
unlawful such as human, fox or wolf, the dung of a dog and the of a predatory animal (incl cats*) and its saliva, the

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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.

2. Najasatha Khafeefah (Light Filth)


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

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.

2. Rulings of Heavy Filth


 Heavy SOLIDS filth -- has to be up to the size of a dirham coin, then excused. Better to remove. If able to clean
and choose not to clean, then considered Makruh.
 Heavy LIQUIDS filth – definition is same as heavy solid. [Imam Zuffar (ra) from Hanafi, and Imam Shaafi (ra)
disagree with this and say cannot pray with this amount of filth]. The Sahabaeen are followed. The little bit of
impurity has to be excused as no way around it.
3. Rulings of Light Filth
 Light filth which has afflicted less than a quarter of one’s dress or one’s body. Definition Quarter = quarter of the
clothing which covers from the naval to the bottom of the knee. The least amount of a man’s clothing which is
needed by a man to perform his prayer (covers his awrah), so needs to be clothed between navel to bottom of his
knee – so light filth must be less than a quarter of THAT clothing that can be excused. This filth can be on body
or clothing.
 Specs of urine, the size of the head of a pin is also excused. Again, Abu Hanifa (ra) said it’s impossible to avoid.
[But Imam Shaafi says avoid specs of urine and cannot tell and will be excused]

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.

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 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.

FIQH CLASS 12: 25th November 2018


PRE-CLASS REMINDER
Ending of 3rd month. Adab. Learn sacred knowledge which his noor. And it doesn’t enter into the hearts, until the
hearts are pure. Hazrat Umar (ra) said “that all of our deen is adhab.” Adhab of books, pen, sitting, focus in class and
between student and a teacher. Now need to emphasize that we need to follow adab in class. When in a learning
environment… #P said, “the beauty of a question is half of knowledge.” Before voice the question, 1. Absorb the
knowledge, and then check the content 2. should be question on topic. Write down questions to ask for later.

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.

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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)

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HIDE OF ANIMAL WHOSE MEAT IS UNLAWFUL – SLAUGHTERED ANIMAL


 The hide of an animal whose meat is unlawful, is purified if it is slaughtered according to the Shariah.
 The meat remains unlawful, but the hide becomes lawful.
 The animal must be slaughtered by cutting 3 things: a) cut windpipe; b) cut jugular veins; c) cut third major vein;
and saying Bismillah.
o Example: Suppose (zabiha) “slaughter” a cheetah but cannot eat the meat. We are only allowed to eat cattle,
goat, sheep etc. But use hide.
o Example: Shoot the cheetah, it dies. Now this comes under the ruling of the dead animal so need to tan the
hide and then it becomes halal.
 Any parts of an animal in which blood does not flow, 5 things e.g., hair, feathers, horns, hoofs, bones, then all
considered pure as long as animal slaughtered/zabiha. So, must have been a live animal. Pig remains najis al ain.

FIQH CLASS 14: 14th Jan 2019


RECAP
 Hayd = blood from uterus from a woman who is NOT sick/pregnant/non-menopause (55 years old). Minimum
days is 3 days and 3 nights and maximum 10 days and nights. A’isha (ra) said “when you’re in hayd, do not be
hasty until you see white, so even if streaks in yellow/brown/red.”
 3 kinds of women:
i. Muktadian = first menstrual cycle, at least 9 years of age
ii. Muaktada = (From word aadat) 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.
o Example 1: In January, bled 5 days, February was 8 days, March was 7 days. So now look back in
February then proper day which was 8 days.
o Example 2a: If woman’s habit has 5 days and then next month bleeds 13 days, then habit is 5 days and
days 6-13 are Istihada (chronical vaginal discharge).
o Example 2b: woman has habit of 5 days, the next month she bleeds from day 1 to 13 and maximum
bleeds 10 and over 10 so question mark as now mixed hayd with Istihada. As over 10 mark, need to
go back to her previous month, so go month prior which is 5 days, so first 5 days are hayd. And then
days 6-13, or 8 days are all Istihada.
This girl because she bled 5 days previous month, she will think her habit is changing.
So, from 6-10 days, she says habit is changing so need to go back.
On day 11, now gone to Istihada, now have to look at previous habit.
That means the first 5 days, didn’t have to pray but now she has to pray khadda namaaz and do tauba
for days 6 to 10.
Along with khadda, she will start with normal prayers despite bleeding on days 11-13.
o Example 3: habit is 5 days but then bleeds 8 days next month.
She doesn’t have to do anything because it’s her new habit, is under the 10-day mark. So, no question
of Istihada as didn’t go over the 10-day mark, then she has to follow her habit.
iii. Mutahayeera = she is able to do tameez (mumayada) and the women who couldn’t do tameez (ghair
mumayaza)
Istihada = blood that stops less than 3 days, more than 10 days and for nafaas, more than 40 days.
Nifas = that bleeding that happens in a woman after childbirth. This excludes the bleeding while the woman is
dialating or when her water breaks.
1. Nifas when half or more of the child exits the mother, but before that, prayer is still fard. While in active labor,
bleeding is called Istihada. If there is a prayer at the time, still need to pray. If in Istihada, cannot let go of prayer.
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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

RULINGS OF HAYD: YAHOORNAH VS YAH-TAH-HAARNAH


“They ask you about menstruation. Say, that it is an impurity. So, keep away from women during menstruation and
do not have intimacy with them until they are cleansed.” (Sura Baqarah v222).
The word in Quran is “yatoornah” (tah hah rah = to purify). There are 2 different khiraat/recitation the word:
a) Yah hoor nah = fuqahah says “do not approach them until they are pure. So cannot approach the women until
their hayd is finished. This term applies when bleeding has exceeded 10 days of hayd or more than 40 days of
nifas. The fuqaha say rulings re: intercourse
i. Women can have intercourse after this time with hubby without a ghusl (but still needs to do ghusl for
prayer)
ii. The woman has a habit and her bleeding stops within 10 days, but it is less than her previous habit.
Example: in January, the girl bled for 8 days. In February, the girl’s bleeding is 5 days and then became
clear. But after it stops, could be the habit is changing. She cannot have intercourse until her 8 days are
complete, even if she does intercourse, so don’t take a chance of sin of khabbirah. Veering to good even
if pray on ‘wrong’ day but as long as assured you’re clear, can start fasting as well. If her hayd returns,
then all her prayers during 6 to 8 days is sin, so should do tauba.
b) Yah thah haar nah = do not approach them until they purify themselves. Seera mughbarikah=exaggerated
action, so must have extreme purity so have to take a ghusl before intercourse. The fuqaha has 3 rulings if the
hayd or nifas finishes before the maximum day limit, then the woman has do to the following 3 things:
i. She has to do ghusl (hayd less than 10 days and nifas more than 40 days)
ii. In case she cannot do a ghusl for some reason, then she can do tayammum plus has to either pray a nafl or
fard prayer and then can have intercourse
iii. She let a prayer pass by, one that is due on her then she can have intercourse. Example: the woman’s
hayd stopped at 2.30pm, then ½ hour time enough time to do ghusl and do takbul tekhreema as asr is 3pm.
But because she didn’t do ghusl before Dhuhr time ends and asr time arrives. She has to do qada’ namaaz
for Dhuhr (committed a major sin), but can now have intercourse without a ghusl which is jahahez
Abu Hanifa (ra), says both recitations are muttawatir/strongest that can be. So in principle, when 2 things are both
muttawatir, then compulsory to follow both (reference khuffain – the Quran to wash feet and sunna would do Wudu
over his khufs).

THAT WHICH IS UNLAWFUL IN THE STATE OF JANABA (SEXUAL IMPURITY)


Ref p106. Same as for hayd,
1. Cannot pray
2. Cannot recite a verse from the Quran
3. Cannot touch the Mus’haaf/Quran unless it is with a separate covering
4. Cannot enter into the masjid
5. Cannot do tawaf around ka’bah

THAT WHICH IS UNLAWFUL IN THE STATE OF HADATH (MINOR IMPURITY)


Hadath = where you need a Wudu. 3 Things that are unlawful/prohibited are:
1. Prayer
2. Tawaf around the ka’bah
3. Touch Quran (but cannot recite, though not best)
End chapter of hayd and nifas.

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FIQH CLASS 15: 21st Jan 2019


**CHAPTER: BOOK OF FASTING**
Ref 337 in Book

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

WHAT OBLIGATES THE FAST?


 The arrival of each day of Ramadan. As soon as the new day enters of Ramadan, obligates the fasting. (Ref: time
obligates the prayer, is the time)
 Your intention to fast has to be in the heart for each day of Ramadan. Fuqaha say that in exceptional/rare case
where one does not intend to fast
o Example 1: forgot or missed sehri, then allowed to make an intention from zawaal (=when sun is at the
meridian just before it starts to descend).
o Example 1: Went to sleep, Ramadan not announced, and slept through sehri and did not have intention in
your heart, you are allowed to make intention of fasting before zawaal
 Intention has to be made for fard, wajib, naffal, qada’ fast
 If person misses a fast of Ramadan, have to do a qada’ for it like hayd or naffas. (Note: This is the opposite of
prayer, we are not allowed to make-up prayers due to hardship else have to make up 46+ prayers)

CONDITIONS TO OBLIGATE THE FASTING OF RAMADAN


1-5. From before - Have to Muslim, sane, baligh, have knowledge of fasting, free from hayd and nifaas (Not an
obligation to be free from janaba – you did not find enough time to do ghusl before fast started, even if in janaba and
then take ghusl (madmadah and istinshaaq, careful don’t take water down) and after fasting. So do sehri, then do
ghusl and before Fajr prayer)
6. Must be healthy, cannot be sick. Then Ramadan is not an obligation, but have to do qada’ for the missed fasts due
to sickness
7. Traveler – so has to do qadah

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.

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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

4. Makruh/Disliked – Tehnzihi & Tahrimi


 Makruh Tehnzini
1. 10th on Muharrum alone (sunna is by adding a day of fast before/after)
2. to single out because it is a Friday. But not a blessed day for fasting. But you can have a nafl or qada’
fast and choose Friday but recommend add Thursday or Saturday with it.
3. cannot single out Saturday to fast. Can match another day to make it acceptable.
 Makruh Tahrimi (opposite to Wajib, strong prohibition) – where it is prohibitively disliked to fast, almost haram
to fast.
1. Fasting on Eid al-Fitr, Eid al-Adha (10th Dhul-Hijjah) and Tashriq are Dhul-Hijjah, 11th, 12th and 13th
2. Fast continuously for two or three days without breaking fast.
 Example: kept fast before magrib and kept sleeping. Then also did not wakeup for sehri so, didn’t
break first fast and start the next day.
3. Sawma dahar = fasting whole lifetime. If you make this niyat, then not a good thing as has a weakening
effect on your body and if becomes routine, that will to get up and worship will be lost.
4. A woman is not to fast a nafl fast without husband’s need as he may require her to break a fast for his
right/need. In this case, it becomes wajib for her to make-up the fast. Ref P343

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

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o Khaffarah/expiation fast – when break an oath


o Nazaar in which the date was not specified before

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.

WHAT DETERMINES THE MONTH OF RAMADAN THAT IT HAS BEGUN?


The sighting of the moon and the sighting of moon of Eid ul Fitr.
 The moon sighting establishes the month of Ramadan. Someone has to sight the moon with ‘naked’ eye, then will
establish the month of Ramadan.
 No concept about the birth of a moon because #P said, “fast when you see the moon and break your fast when you
see the moon, and if it is cloudy, then calculate it as 30 days.” Then Sha’ban will be 30 days and then Ramadan
starts.
 If no-one sees the moon, then the month of Sha’ban will be 30 days as lunar calendar is either 29 or 30 days.

THE DAY OF DOUBT


Suppose on the 29th Sha’ban, cannot see the moon because of the clouds. Then the next day, the 30 th day of Sha’ban,
is called the day of doubt (=shaaq). Rulings:
1. Do not fast on the day of doubt because of the Hadith when #P said, see the moon, break your fast
2. Disliked to fast on this day. If fast, then makruh/disliked except a voluntary/nafli fast but the Fuqaha make an
exception, it’s not for the common person as they don’t have the strong imaan and may have a doubt in our heart.
Cannot have 2 mixed niyats. Certain situations, reference the book
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THE SIGHTING OF THE MOON FOR THE MONTH OF RAMADAN


Scenario 1: No obstruction in the sky: then the shahada/testimony of a large gathering of people is required for the
witnessing of the moon. Large gathering is determined by the Imam
Scenario 2: Obstruction in the sky e.g., cloudy, there’s dust. Then the testimony of the following is accepted:
1. one upright witness is enough.
2. Or if the witness is one, whose situation is unknown i.e. if he’s fasiq/sinner, even his testimony is enough.
3. Or it can be one female;
4. Or an upright person “ABC” and then he talks to another upright person “DEF” and the person “DEF” goes to
Imam and says ABC saw the moon, this will also be accepted
5. Or a slave
6. Or someone who has repented and has been punished about doing kazaaf/falsely slandered someone about zinna
and they said it was a lie. Note, the witnessing of kazaaf is not taken for any other thing in our deen

What does testimony mean?


The witness does not have to utter the words of shahada e.g., no oath required. Just has to say he’s seen the moon. It’s
not a legal proceeding.

THE SIGHTING OF MOON FOR EID AL-FITR / FIRST DAY OF SHAWAL


Two scenarios:
1.Many people should testify for the moon for the month of shawal
2. An obstruction in sky:
a. There must be 2 free men to witness
b. OR 1 free man + 2 free women and these people must say the word of Shahada “I bear witness that I have seen
the moon for Shawaal for Eid al-Fitr” but no legal proceedings

SIGHTING OF THE MOON FOR THE REST OF THE MONTH


Two scenarios:
a) No obstruction in the sky, you need a large gathering of people and they have to say can see Dhull-Hajj etc.
b) If obstruction in the sky, then for every month of the year, you either need 2 fee men OR 1 man + 2 women
and these men and women cannot be a kazzaf
NOTE: Table in the book which have been summarized. See p 352

RULING OF SEEING THE MOON FROM DIFFERENT PLACES


Ref Book p352

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

FIQH CLASS 16: 4 Feb 2019


Reem said no recordings – topic was Ramadan
Ref p361 – Incident narrated by Abu Hurraira (ra) which talks about an incident about #P. About a man who
committed sexual intercourse with wife while fasting.

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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.

THAT WHICH NULLIFIES THE FAST WITHOUT REQUIRING KHAFFARAH/EXPIATION


(30+)
Ref p363 in book

Situation Qada’ Khaffra Reason


h
1. If a fasting person eats raw rice, flour or Yes No No benefit in eating these things
wheat grain,
2. If a person eats a mouthful of salt Yes No Not one’s desire/benefit
3. Eating soil eating with no medical benefit Yes No Serves no medical purpose.
and not being in the habit of eating it (Note HOWEVER, if one was in the habit of eating
tifil) this non-beneficial earth, then expiation is
necessary
4. Eating the stone of a fruit, cotton or paper Yes No Not normally eaten
5. Eating raw and uncooked quince (hard Yes No Not normally eaten until it ripens
yellow shaped fruit which has to be cooked
prior to eating) which is not normally eaten
until it ripens
6. Eating raw walnut that has no form or core Yes No
(not ripe, it’s green) OR swallowing a hard
walnut with its core
7. Swallowing soft (raw) almond No Yes Normally eaten with its skin

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

BUT If person is NOT sick and takes


medicine accidentally, via mouth and there’s
medical benefit then khaffarah + qada’
11. To drip oil into the ears or dripping of water Yes No Water reaches the brain
into the ears
12. Medicine is poured into the eyes (eyedrops), No No State of fasting is very difficult and sacred
and does not enter into digestive tract state, then better to avoid eyedrops during
fasting, better at sehri or after iftaar
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Situation Qada’ Khaffra Reason


h
13. Applying medicine to the wound on the Yes No
stomach or the head which then penetrates to
a brain/stomach cavity
14. Injection into the muscle No No It’s not entering into the digestive tract but if
in bloodstream, then breaks the fast
15. Cut on finger (no live veins/capillaries) and No No Not injection going into bloodstream so
apply medicine on it doesn’t go into digestive track break your
fast
16. Asthma inhaler break the fast - ruling from Yes No If inhaler is such that only “air” comes out,
fuqaha – if substance that comes out as to aid breathing, then fast does not break
powder/water and enter into digestive track,
then it does break the fast Fuqaha say that if asthmatic using inhaler
during the day for health purposes, then
should not supposed to fast anyway and pay
fidya. Better not to fast if you’re going to
break your fast
17. If rain or snow water enters the throat and is Yes No If knew you were fasting and enters so goes
swallowed by accident to digestive tract.

Note: different between forgetfulness and


accidental, if one swallows forgetfully, the
fast does not break
18. If one accidentally breaks his fast with the Yes No
water used for gargling, in that it seeps down
one’s throat
19. If coerced/forced to break his fast even if it is Yes No You’re oppressing them so no fault of theirs
through sexual intercourse
20. If a married woman or slave breaks her fast Yes No
for fear of falling ill because of the duties she
performs
21. If a water is poured into the insides of a Yes No There’s a ruling if you slaughter an animal
person who is sleeping and forget to mention #A, sacrifice remains
lawful. On 3rd sacrifice, forgets, but animal
still lawful. If you’re asleep or insane while
slaughtering, then that animal not lawful for
eating/not zabiha.

So fuqaha use this ruling to apply to this


situation… so therefore drinking water
while fasting and sleeping will break fast.
22. Eating on purpose after eating forgetfully Yes No You ate forgetfully and now did not know
does not impose the expiation even if one the ruling and fast was broken and went
knows the Hadith concerning it; ahead and ate, NOW your fast is broken.
Will need to do qada’
23. If one has intercourse forgetting he is fasting, Yes No Ref the same with eating
and then after remembering and now to
continue to intentionally have intercourse
24. If a person eats after making an intention to Yes No If do not have a specific intention in your
fast during the day (for Ramadan) head for Ramadan, then can make an
intention 5 minutes before zawaal (sun
reaches the meridian). So if a person breaks
fast not in Ramadan e.g., woke up at 10am
and made intention to fast, but he chooses to
break this fast, there is qada’, no kaffarah

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Fiqh Notes 2019-2020

Situation Qada’ Khaffra Reason


h
If there’s a chance to break a Ramadan fast,
do not fast! As there’s a chance to pay for
khaffarah
25. If a person is a traveler when he began his Yes No Should be khaffarah as returned as resident
fast i.e. at the time of sehri, then he does not theoretically. However, Fuqaha said only
have to fast as he’s a traveler (and do qada’). qada’ but not khaffarah
BUT, he returns to his residence (not
traveler) so there will be qada’ for him no
khaffarah
26. If starts fast as resident but then becomes a Yes No He may have broken fast as found it too
traveler during the day, then he breaks his difficult to fast, then breaks fast.
fast by eating
27. If a person abstains from eating with no Yes No Not fast of Ramadan as never made an
intention of fasting and no intention of intention of fasting, so no breaking of fast
breaking fast, then the day is not deemed as a
valid fast
28. Eats sahur or they have intercourse during Yes No Didn’t realize but when realize, fast is
s/he has doubt about rising of dawn and broken. No khaffarah as resemblance of the
reality dawn has arrived night

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

Principle in deen = doubt does not overcome


certainty e.g., salah
29. Ramadan is a fard fast and the khaffarah is Khaffarah = only if break fast in
for breaking the fast in Ramadan and not for Ramadan
missing the fast. One has to do fast on that e.g. before knowledge or missed a fast, then
day only do qada’.
If you break a
30. Having intercourse with a sleeping woman or Yes No She: Only qada’ on her and no khaffarah.
if she is temporarily insane (for a woman). Man: qada’ and khaffarah
Now her fast will break. Man was aware he
was fasting.
31. The dripping of anything into the “farj” Yes No Has the resemblance to an anema because
(vagina) breaks the fast not giving any benefit, it’s “mahanin”.

Ref man: If water or oil is poured to the front


male private part of “zakkar”, does not break
fast as not connected to digestive track.
32. If inserting a finger wet with water/oil at Yes No Qada’ as it’s connected to the digestive tract.
back part of anus and the female farj
If go to the doctor for a pap smear with jelly,
then will break fast.

Even a normal visit with a gynecologist so


will break your fast
33. Inserting a piece of cotton into the back Yes No It requires qada’ as it has completely entered
passage or the farj
34. Khaffarah is not imposed, if unintentionally Yes No Intentional inhaling of smoke then qada’.
inhale smoke. Other than amber or If perfume doesn’t have alcohol, will not
oud/behoud burnt with pleasant smell. break your fast. Should not allow something
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Fiqh Notes 2019-2020

Situation Qada’ Khaffra Reason


h
like that enter into your nasal passage.

Note: misty spray, best to avoid.


35. Vomiting rulings (see book):
- 1. intentional vomit more than a mouthful Yes No
(not able to close your mouth)
- 2. Intentional vomit less than a mouthful, No No
regardless if you swallow it back
- 3. Unintentional vomiting, any amount No No
- 4. Mouthful of vomit & return intentionally Yes No
back to stomach
- 5. Mouthful of vomit & return intentionally No No
back but forgot you were fasting
36. If someone eats food that is stuck between
his teeth from sehri
1. If less than a size of chickpea No No
2. If equal/larger to chickpea Yes No

WHEN IS IT NECESSARY TO REFRAIN FROM EATING DURING THE DAY? (4)


Even if you’re not fasting, then how should be acting?
1. If someone breaks fast during the day, must stop eating for the remainder of the day, for reason of adab for others
around you. Note, if hayd any time, qada’.
2. If a woman becomes from hayd or nifas after sabah saabaq, now the fuqaha said she should refrain from eating in
the rest of the day out of adab. Must see when hayd/nifas is janaba ends. Only ghusl prevents you from praying
3. If a woman hayd starts while fasting, can eat/drink then should do in private. Same for sick person and traveler
4. If boy becomes baloogh or a revert after true dawn, they should not eat for the next day. Not required to do a
qada’ as prior to dawn they didn’t know rules of Islam

WHAT IS DISLIKED WHEN FASTING? (5)


From book p371
1. To taste something with no reason. If a woman has a harsh husband who will get angry if too much salt in the
food, then she may taste it. But if lenient husband about food, then do not taste the food.
2. Chewing something without a reason. Nothing should reach inside of body with the saliva. Gum/mastiq, not
modern day version, while fasting. Modern chewing gum breaks fast
3. Kissing/caressing is makruh/disliked if unsure/no control about orgasm or sexual intercourse after such an act
then makruh to indulge in acts. Not breaks your fast. Other Maddhabs don’t allow at all.
4. Gathering saliva in mouth and swallow it, then makruh.
5. Disliked to perform any acts that weaken you. Don’t break fast e.g. cupping, acupuncture, donate blood,
bloodletting while in state of fasting. As further weaken yourself, so could feel sick and then will have to break
fast

WHAT IS NOT DISLIKED WHEN FASTING? (6)


Ref 372
1. Kissing and caressing – as long as in control
2. Rubbing oil or lotion onto moustache
3. Applying kohl
4. Cupping/acupuncture is not disliked as long as you think you will not get tired
5. Not makruh to use miswak at the end of the day. It’s sunna start/end of day even if it’s moist/wet with water. Do
not use toothbrush and toothpaste, else fast is invalid

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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.

THAT WHICH IS RECOMMENDED IN FASTING (3)


Ref p373
1. The pre-dawn meal/sahur – a sunna and mustahib/recommended. Observe the sahur as it is recommended in
Ramadan. Usually an hour before fajr
2. Delay sahur to shortly before dawn/fajr is recommended because #P 3 qualities of #P: a) Break the fast
immediately; b) delay the suhoor; c) place right hand over the left hand in prayer
3. To be hasty in breaking the fast when there is no obstruction in the sky is recommended i.e. can tell when sun
has set as clearly visible.

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.

FIQH CLASS 17: 11 Feb 2019


Cont. from above on chapter of fasting. Learn the principles of fasting, versus the situational so can apply. Our
thinking should be such that you should analyse situation and which principle to apply e.g. fard, wajib, sunna, which
topic. This is essential. Especially with fiqhi ruling, if wrong answer, then STOP!
Quick Revision
 Example: pap smear does not break for Wudu/ghusl, but will break for fast.
 Example: Farayd of Wudu 4: wash of face from top of forehead to chin and earlobe to earlobe, b) washing arms
upto elbows; c) masah of ¼ of head, the nasiya; d) washing feet including the ankles
 Example: cannot touch mus’haf in hayd, without Wudu; CAN read mus’haf without Wudu as long as don’t touch
it. So if have book with Quranic ayats in children’s storybook, but can hold with hayd/without ghusl or Wudu but
cannot touch the words. Cannot read Quran if in hayd. Cannot pick mus’haf with gloves (part of body) but need
to use separate cloth

WHAT IS AND IS NOT REQUIRED FOR A PERSON WHO BREAKS FAST DUE TO AN
EXCUSE ?
Ref p375

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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.

WHEN PAYMENT OF FIDYA IS NOT VALID


Khaffarah/expiations for breaking a fast = free a slave; fast 60 consecutive days; feed 60 poor ppl 2 meals/day
 Cannot pay fidya for a khaffarah fast.
 If determine terminal illness, even then cannot pay fidya for a khaffarah fast, even if you’re a shaikh fani (old
man), now it requires 60 days of fasting and if you cannot do it, then you can feed 60 poor people.
 Break an oath to #A = khaffarah is 1. Free a slave (not possible in this day and age); 2. Feed 10 poor people to
meals/day; 3. Clothe 10 poor people; 4. If cannot do that, then can fast for 3 consecutive days. He cannot pay a
fidya ever for a khaffarah fast. If he’s old and feeble and unable to fast, still cannot pay a fidya.

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Fiqh Notes 2019-2020

PERMISSIBILITY OF BREAKING A VOLUNTARY/NAFL FAST


Ref p378 in book
1. Permitted to performing a voluntary fast can break it for no reason, according to Abu Yusuf (ra). BUT, if you
break a voluntary fast, the qada’ is WAJIB upon you
2. Entertaining is regarded as a reason for the guest and the host, a voluntary house. Recommended that you break
your fast and eat because hosts have broken fast. It is liked because #P says “whoever breaks a fast for his
brother, it is that 1,000 days are written for him for breaking the fast for today.” And a reward another 1,000 days
fasts are added”. Recommended so don’t tell host that you’re fasting.
3. If a person breaks a nafl fast for any reason or no reason, then qada’ is wajib. Exception is if he fasts on the 2 days
of Eid al Fitr and al Adha or the 3 days of tashriq Dhul-Hajj 11, 12, 13 (3 days after Eid). Example: keep nafl fast
by accident on these 5 days, it’s forbidden, so should break it and NO QADA’ is wajib on you.
Breaking of an oath XXX
End of chapter of fasting.

I’TIKAF (RELIGIOUS RETREAT)


 I’tikaf Definition: To remain with the intention (of seclusion) in a masjid where the five daily prayers are
performed in congregation.
 Masjid = place of worshipping where 5-time congregational prayer takes place for men.
 Sunna I’tikaf = is for the men to seclude themselves for a masjid for the last 10 days of Ramadan. It is also a fard
kifaya = If someone people from the community have to the act, then the responsibility is lifted from the entire
community. If nobody does it, then the sin will be on the whole of the community. It’s a strong sunna mu’akkada
(emplhasize sunna) for #P as never left it during his lifetime in last 10 days
 Women can do I’tikaf in their homes as masjid is not a designated place of prayer for them. It’s purdah issues

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

WHEN PERMISSIBLE TO EXIT MASJID IN I’TIKAF?


Ref p385 in book
 The person is not to leave masjid except for a legal need.
o Example, such as a collapse of a masjid, Friday prayer, answer the call of nature or because of necessity
 If leave without a valid reason, then the wajib form of I’tikaf becomes invalid and there is no sin upon the person.
Likewise, the other I’tikaf types e.g. voluntary type, is deemed over du to leaving the masjid

THE LEGALITY OF I’TIKAF


Ref p385 in book

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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

THAT WHICHI IS DISLIKED IN I’TIKAF


Ref p385 in book
1. Disliked to bring items of trade to the masjid for the purposes of trade i.e. don’t turn masjid into a marketplace
2. Form a contract for the purposes of trade, even though it is permitted as one has devoted himself to #A and should
not engage in matters of the world.
3. Maintain complete silence if one believes it is an act that will bring him closer to #A, thought if a person’s is silent
because he has nothing to say, it is not disliked.

THAT WHICH IS UNLAWFUL IN I’TIKAF AND ITS NULLIFICATION


Ref p386 in book
1. Forbidden to indulge in sexual intercourse, or to kiss and fondle. I’tikaf is nullified if one indulges in intercourse
or has an orgasm as a result of kissing and fondling, regardless if on purpose or forgetfully, or whether he was
keen to comply or under duress or whether it was in the day or night. If orgasm, then retreat is nullified.
2. If a person vows to observe I’tikaf for a certain number of days, then he MUST observe I’tikaf during the nights
of those days as well.
3. A person who vows I’tikaf for a certain number of nights must also observe the days consecutively even if a
consecutive order is not stipulated. So if vows 2 days in retreat, then must also remain for 2 nights. Man should
enter masjid a little time before the sun sets on the basis that the night precedes the day and remain for 2 nights
and 2 days.
4. If a person forms an intention specifically for the days without the nights, it is valid as it is directed towards the
actual object.
5. If one vows I’tikaf for a month (whether it is specified or not) and he intends the days only or intends the nights
only, then this intention cannot come into effect unless he expresses what he wishes to rule out and exclude in his
intention such as saying “One month in the day, excluding the nights.”

THE LEGALITY OF I’TIKAF ESTABLISHED


Ref p388 in book
1. How is it established? It is legal and permissible through Quran and sunna as in “Do not associate with your wives
while you are in I’tikaf while you’re in the masjid” (Sura Baqara 2:187).
a. Sunna Muaqadah – A’Isha (ra) narrates that #P would perform I’tikaf on the last 10 days of Ramadan
when he arrived at Medina (after Hijrah) until #A took his soul”.
b. Imam al-Zuhri (ra) says “I’m amazed at the people in how they left I’tikaf whilst the Prophet (saw) would
perform this action. They leave it while the #P did not until he passed.”
2. I’tikaf is most honorable of actions as long as it is performed with sincerity/ikklas to #A for the reason that this
person in I’tikaf is waiting for the group prayer in the masjid and is therefore like one who is constantly engaged
in the prayer. #P said “The slave (of #A) does not cease prayer so long as he is in the masjid waiting for the
prayer”.
3. From the benefits and merits of I’tikaf is the heart being separated from the matters of this world/duniya while
submitting to the Master and the Owner of all that exists.
4. Another merit is the person remaining in actions of worship in the house of #A as in a Hadith al Qudsi (like a
wahii) of #P, said that “#A said “I am to my servant as he expects of Me. I am with him when he remembers Me.
If he remembers Me in his heart, I remember him in Myself and if remembers Me in an assembly, I mention him
in an assembly better than his (i.e. assembly of angels). And if he draws nearer to Me a handspan, I draw nearer to
him an arm’s length. And if he draws nearer to Me an arm’s length, I draw nearer to him a fathoms length and if
he comes to Me walking, I rush to him at great speed.”

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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.”

FIQH CLASS 18: 25th Feb 2019


Chapter: Zakat
ZAKAT
Continue with Sura Tauba (Ayat 103). Give with always the rights by family, houseworkers, gardeners, of the street,
city.

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.

ADAB OF GIVING ZAKAT


1. Have sincerity/ikklaas – when give, should only be for the sake of #A. There’s always some milawaat/impurity
in the exception as our hearts are not that pure. We need to work towards continuously. Only do things for the
sakes of
2. No show off – should not have pride/arrogance
3. Try to hide it – so others don’t know about it
4. Do not show favors on others when give – Example: asking maids to stay back for extra 1 hour after paying zakat.
Don’t destroy your charity by showing any favors or harm to that people.
Do not harm people by:
(i) by tongue i.e. I’ve given you something, return something back as favors;
(ii) Give with sincerity/ikklas, talib and adab – only to please #A and hope He will be pleased with us.
#A says in the Quran: “The example of the people who give in charity is that of a seed that is planted and on that plant
are 7 buds and each bud are 100 more seeds.” This is how your charity grows as each seed then gives 700 times back.
The reward is 7 times, 70 times and 700 times. Note, numbers are just a way to get to the logic of people so it appeals
to us. #A is not in need in numbers. Instead he will give to us according to his Shaan. The intention inside of yourself
is to get #A’s shaan i.e. rewards according to how He wants to reward.
 Example: Put money in an envelope when paying your staff. You do not do any favour when giving to someone
by blessing you with the able to give that charity. #A blesses us in many ways e.g., giving Rs. 5 to Rs. 100k. It is
His from his power and control, He gives Tawfique and how much to give. He gives us a favour by enabling us to
give.

SUMMARY
Charity: Fard (zakat) and Nafl (sadaqah). Done in duos like similar with prayers and Hajj vs. Ummrah.
CLASS QUESTIONS

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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.

ON WHOM IS ZAKAT OBLIGATORY


Obligatory on a person who satisfies ALL 5 conditions:
1. Be a Muslim – for non-Muslims in a Muslim land, they must pay jiziya tax, by Shariah law.
2. Free – cannot be a slave. Servants are free people
3. Mature – baloogaat. Not for a minor
4. Be sane – no zakat on an insane person
5. Sahab-e-Nisab – a person who has a minimum amount of wealth that is needed on which it is mandatory upon him
to give zakat, and this minimum amount of wealth has to be with him for one (1) lunar year.
Nisab = a minimum amount of wealth that a person possesses
Person who is NOT Sahab-e-Nisab will not pay zakat
 Example: Nisab for 2018 is Rs. 20k = should have Rs 20k continuously in form of cash, gold or silver so must pay
zakat.
For zakat to be valid, one must have an intention. It is not valid without an intention – like fasting. Must have a
specific intention like “qada’” so have to say in your heart. If didn’t give with intention, then it’s sadaqah. This zakat
can make the intention in different ways:
1. Know how much one has to give – make intention at time of giving
2. When calculate zakat – take out zakat money and put it on aside. At that time, must make the intention. So
whenever go to give that money afterwards, it’s taken as zakat money.

TYPES OF WEALTH FROM WHICH ZAKAT IS PAID (IJNAAS)


5 Ijnaas (genus) from which we pay
1. Cash, gold, silver – note, cash is backed by gold so included
2. Livestock – camels, cows, sheep and must be the type that grazes freely on pastures
3. Merchandise of trade – if you’re a trader buy/sells things, then must pay on merchandise. Example 1: of
storeowner, when calculate zakat on that day, must look including everything as merchandise on trade. So, if
calculate on 15th Maharram, will give 2.5% on entire trade value.
Example 2: If you buy and sell houses/land/cars for purpose of trade, on the day you calculate on value of
merchandise

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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

HOW IS NISAB CALCULATED?


There is a Nisab of gold and of silver. Gold = 87 gms. Silver = 612 gms. Amounts based on Hadith. We must own
at least 87gms of gold and then after that, will have to pay zakat or don’t give zakat OR if you converted this into
cash.
Example of calculation:
 Gold 1gm = Rs. 4,400. So 87 gms = Rs. 382,800 minimum wealth.
 Silver: 1gm = Rs. 60. So 612 gms is Rs. 36,720 minimum wealth.
To show nisab of gold and silver, and whichever is lower is the nisab of your zakat. So if we have an owner of Rs.
36,721 Or have have 87+ gms gold, so now called Sahab-e-Nisab then must pay zakat that year.
 Example 1: If have 50gms gold, 50gms silver and Rs. 10k cash.
Gold: Rs. 220k. Silver: Rs. 3k. Cash Rs. 10k. Total wealth: Rs. 233k. As higher than Rs. 36,720 so must take 2.5%
on Rs. 233k.
 Example 2: 2gms gold, 5gms silver and Rs. 10k cash.
Gold: Rs. 8.8k, Silver: Rs. 0.3k, Cash Rs. 10k cash. Total is 19100. Not Sahab-e-Nisab.
Another condition attached with zakat, the person must have the Nisab amount i.e., Rs. 36,720 in your possession for
the whole lunar year. That means calculate zakat from the 1st Ramadan to the 30th Sha’ban. When calculate nisab,
should have remained an owner of Rs. 36,720 continuously for until 30 th Sha’ban. If during the entire period, if you
are below this amount at any time, then one is not Sahab-e-Nisab. So, on 15th Rabiyyal, there was a loss and had
become Rs. 14k, then date of calculation changes so now wait until money comes back to Nisab amount e.g., 17th
Rabiyyal awal to the following lunar year i.e., next 16th Rabiyyal awwal.
If remained Sahab-e-Nisab continuously throughout the year – was in possession of silver necklace worth Rs. 50k for
full year, then look at all wealth – cash, crops, treasure trove, merchandise – and pay2.5% of entire amount. If
calculate 1st Ramadan, but on 30th Sha’ban morning, you get a Rs. 500k for the whole year but remained Sahab-e-
Nisab, will pay zakat on the Rs. 500k even if only owner 1 day. Must count everything together. If spent Rs. 500k
within the same day, before calculation, then don’t need to pay.

FIQH CLASS 19: 4th March 2019


 Wealth is a sensitive topic. Must ensure we don’t hoard our wealth. Must share out of it. The money given to us
by #A is meant to be spent. It is recommended, we also serve for long-term future. But does not mean that we
will not go to Hajj as saving for saving for children’s future and education. Wrong conception because if you have
the money available, Hajj is a priority. Question in the grave will be asked, is why did you not fulfil your Farayd
If you can afford it?
 Above everything else, is we should be self in our taskiyaat i.e. be a better person. So, if do something that’s
necessary for ourselves. First dua in our prayers, should be in our own selves because after that, #A will open the
gates for others. We should be selfish in our deen.
 We can compete with others on kidmaat i.e., try to do equal/more what they are doing.
 Zakat is 2.5% and if you have any doubt about zakat have to pay. Many people approximate which is a flawed
approach and is negligence. Take the time to calculate the zakat and now if there are any deficiency. You can
increase by 10% as you’re changing the number from 2.5% to 3%.
 You can give a little bit more in sadaqa and intention for any shortages.
 Don’t be heedless in your deen regarding wealth.

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Fiqh Notes 2019-2020

How to get rate of jewelry


Ask how much gold in weight is the sets?

WHEN SHOULD PAY ZAKAT?


What’s the date.
1. When someone becomes ‘balaghit’ (mature) and then determine if has attained a Sahab-e-Nisab for one year.
 Example 1: If child becomes mature at 13 years, he does not have any money so doesn’t’ pay. However, when he
starts working in June for 12 months and he remained Sahab-e-Nisab for throughout the period e.g., Rs. 40k As
soon as he starts working, he has to pay zakat.
 Example 2 2: 13 year old mature has inheritance in cash/gold/silver say of Rs. 1mln and is Sahab-e-Nisab for 12
months then he needs to pay. If parents don’t tell kids, then different accountability to tell him. If he realizes
later, must backpay on that zakat.
 Example 3: If spend all money every month to pay and no other wealth, then don’t need
 Example 4: If Sahab-e-Nisab for 15th Ramadan and then one full lunar year and you need to pay zakat and pay for
a full year. See following timelines.
o 2010 – 15th Ramadan, eligible so start to measure
o 2011 – 15 Ramadan, eligible so had to pay
o 2012 – In Dhul Hajj, lost job and account went down to Rs. 7k so no longer Sahab-e-Nisab
o 2012 – 7th Maharram, got a job and now have Rs. 40k constantly (savings), and maintain this for 1 year,
so need to start counting from that date onwards so don’t pay for Ramadan.
Class Questions
 If parents give jewelry to young daughter (say 7 years old) but mother wears the gold, then the mother needs to
pay zakat as taken ownership. Need to calculate whatever children have gold. If you use it, then parents have to
pay.
 If daughter matures, then must pay. If shares with mum, they need to share.

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
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Fiqh Notes 2019-2020

20-24 camels, pay 4 sheep


25 to 35 camels, then pay 1 bint makhaad i.e. 1 she camel who is minimum 12 months plus. Worth more
because these camels bear babies
When have:

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.

145-149: then 2 hiqqah + 1 bint makhad


150: zakat is 3 hiqqah
150+: 1 sheep for every 5 camels
175-185: zakat 3 hiqqahs + 1 bint makhad
186-195: zakat is 3 hiqqahs + 1 bint laghuun
196-200: zakat is 4 hiqqahs
200+: zakat is 1 sheep for every 5 camels (like for 150+sheep)

 [EXAM QUESTION – must know the entire table]

IS THERE IS ZAKAT ON COWS?


Must be on free pasture land (vs buying feed for them). Must have cows for 1 lunar year

Less than 30 cows which don’t have to pay


are XXX–
30-39 cows: zakat is 2 taqhbir, which is 12+ months
40-49: zakat is 1 musin, which is 24+ month cow
60-69: zakat is 2 x tabai
70-79: zakat is 1 tabai
[include
100: 2 T + 1M
XXXX
120: 3T + 1 M
ZAKAT ON SHEEP/GOATS
No zakat on sheep and goats if less than 40 or if don’t own them for 1 full year and must be free grazing

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:

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Fiqh Notes 2019-2020

1. Value of horses must equal nisab of gold or silver, whichever is lower


2. Must be in possession of both male and female horses for one (1) year. If all horses are only male, then no
zakat. If there are only female, then Imam Hanif (ra) had 2 opinions:
a) Pay on whatever horses owned;
b) No zakat
2. Owner has kept them for offspring i.e. if for riding or for holding things, then no zakat. So, only breeders have to
pay zakat.
3. Horses have to pasteurizing horses
4. One lunar year must pass on the horses
If all 5 conditions are met, then calculate value of horses and then apply 2.5% zakat rate.

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.

3.ZAKAT ON CROPS AND FRUITS (READ CHAPTER)


Read the chapter. No nisab on crops. Difference on opinion.
 Imam Hanifah (ra) – zakat on anything from earth, whether non-/perishable or quantity. Have to pay.
 In the book, the Sahabiaen (M and Yusuf (ra) say that the crop must be held for 1 year and that must meet nisab
amount
Fatwa, is on Imam Hanifa (ra) as produce is grown, must give zakat immediately. and it is not a stipulation that have
to wait 1 year. This zakat ruling does not apply for vegetable gardens as not merchandise. And zakat paid, can be
from the fruit and crops itself. So, if have apple tree, grow 20 apples, then give zakat amount.
 Usher (type of zakat on farmed crops, first person who is grower) – scholars agree that if crops/water from
rainwater, then zakat is 1/10th (10%) of your crop. Farmers need (first person dealing in the crops) to know this!
If grown from water of the earth, then need to pay 1/20 th (5%).
 Usaaq – crops are given in the weightage of your crops.

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
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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.

Cannot give zakat to 6 people


1. Non-Muslim
2. Father, mother, grandfather/mother
3. Children or grandchildren
4. Wife cannot give zakat to spouse i.e. husband to wife and vice-versa
5. Sahahibaen Nisab – able to pay zakat himself
6. Family of the #P
In Nurul Iddah Textbooks’ footnote, see #3, #P said “God has forbidden you the filth so cannot take zakat, and are
given the bounties from the jihad/wars (Baytal Maal). Bani Hashim cannot receive zakat (5 families and descendants
Ali – cousin (ra) and Abbas - chachaa (ra) and Jaffar – cousin (ra) and Al Haris ibn Muttalib - chachaa (ra), Aqhil
(ra) – they can receive sadaqah (which is voluntary and of higher value than zakat)

FIQH CLASS 20: 11th March 2019


[Insert missing text]
Always give zakat to an individual and not an institution. Give zakat preferably as cash to an individual. Can pay
books for a poor child. If want to give for a poor child, can give to parents with intention for the child.
For zakat funds at institutions, must still give to individuals who are needy. Incumbent on these institutions to
distribute properly
 Example 1: Sahab-e-Nisab is Rs. 10k. Say you have Rs. 5k and owe 8k owed. Now not sahab-e-nisab
 Example 2: Gave someone Rs. 5k, as long as have this feeling that the money will be returned, then essentially
still your money then need to pay zakat on that loan amount e.g., short-term loans between friends/family. As that
money is technically still yours. Note: for mortgages, only zakat on cash and gold etc. as count as bills.

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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.

WHEN DOES SADAQAH UL FITR HAVE TO PAID?


1. 1.Becomes obligatory from the dawn of Eid ul Fitr i.e. 1st of shawwal
2. Therefore if anyone dies before the 1st of shawwal, then no sadaqah ul fitr is due on him/her.
3. Not obligatory on the one born AFTER the dawn of Eid ul Fitr or anyone who became Muslim after the dawn of
Eid
4. It is Mustahib to pay witr after the dawn arise, but before the performance of the Eid prayer
5. If a person pays a fitranah a day or two in advance, it is valid
6. It is also valid you can pay sadaqah ul fitr anytime in the month of Ramadan. So can be distributed early and buy
clothes etc so they can enjoy Eid.
7. If someone has not paid sadaqah ul fitr on the Eid day or after it, it cannot be excused. If late, must make tauba for
the delay. The Sadaqah is WAJIB so must be paid.

HOW MUCH TO PAY?


It is ½ sa’ of wheat/atta or flour
 OR ½ sahah of saweet, which is a mixture of wheat and barley (i.e. atta and joh) or saweeq
 OR pay 1 sa’ of dates or barley (i.e. joh)
 OR pay fitr in cash

RECIPIENTS OF SADAQAH AL-FITR?


Ref p416
Are the same as the recipients of zakat
1. Poor
2. Destitute and helpless
3. Employed by the Imam to collect zakat
4. Those whose hearts have been recently reconciled to the truth ie. New Muslims
5. For the freeing of a slave (who may have made an agreement with their master)
6. Those in debt
7. Those fighting for Islam
8. The wayfarer

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TRANSFERRING FITR/ZAKAT TO ANOTHER CITY


The sadaqah fitr is collected. It is disliked to give this amount to another city UNLESS 3 conditions, and al qaraab
rule applies (learn within closeness of where you are):
1. There is someone from another city who has paid sadaqah/zakat unless
2. OR that city is poorer
3. OR people are righteous

CHAPTER: Kitaab al Salah


Go to website of www.Nurulilm.com, press search button and there are 2 recordings on Hajj. Listen to first recording
and covers the entire chapter from a spiritual aspect and those recordings are almost 6 to 8 hours long, like 4 classes.
Must make notes of everything and then go back to book and review.
Kitaab comes itahara and then kitaab al salah after… chapter covered first as must be pure before you can pray. If you
are not in a state in itahara, then cannot enter into prayer. Biggest goal in life is to do salah – not kids, making money
etc. Prayer is the most important thing in your life, we were born to pray.

HOW/WHY DID THEY BECOME FARD?


When #A gifted #P with the gift of 50 prayers, at time of Mihraaj. Hazrat Musa (as) told #P said go get them
lessened. Prayers were established at 5 fard prayers daily. #A said that prayers are a gift and therefore will never take
them back, and will leave the reward the same, so every prayer done, will get 10 rewards. Then #A out of His
Magnificence, did not reduce the reward.
#A made the #P made him come to him so He could gift him personally. This is a sign of the love that #A had for #P.
#P said, “I love perfume and I love a righteous, but the coolness of my life is my prayer.”
#A mentioned salah in the Quran AT LEAST 700 times! So, when repeated so many times, #A shows the importance
in our lives.
The prayer has been prescribed to you at a specific time (Sura Nisa, Ayat 103) and so should be prayed in its specific
time.

THE CHAPTER OF PRAYER


[Ref Book p125] – Prayer means dua. According shariah, specific words and actions begin with opening Takbir and
ends with finishing salams. The link between a Muslim and disbeliever is the neglect of prayer. So not far from
becoming disbelievers. So, the bond between us and the rest of mankind is salah. Whoever neglects prayers becomes
a disbeliever.
 Imam Ahmad ibn Humbal’s (ra) ruling/Fatwa, says that if intentionally neglects his prayer, he will become a
kaffir.
 Imam Shaffi (ra) says someone who intentionally neglects prayer, should be given the death penalty while he is
regarded as a disbeliever.
 Imam Abu Hanifa (ra) such a person who intentionally neglects his prayer, should be jailed indefinitely until he
does tauba and makes up his prayers (qada’ prayers) and start to make-up from missed prayers.
#P said, “I would burn the houses of those who did not come for Jamaat prayer, had there not been women and
children in their homes.” Proof of prayers is mentioned in the Quran – that it’s fard.
When these Imams were very devout and did Wudu, can see the sins fall off their bodies. They loved the ummah
greatly and were in the first 3 generations. Imam Ghazali, Imam Bukhari etc came after the above.
CLASS Questions
Must always ask with proper adab. Example: must always reference (ra) and (saw) when narrating. Use “aap” in
Urdu, even with previous nation leaders.

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CONDITIONS THAT OBLIGATE THE PRAYER


That make prayer a fard… conditions
1. 1.Islam
2. Maturity
3. Sanity
4. Make children pray from age of 7 years old (p125) and hit upon them (discipline) when age of 10 years and
separate their bedding.
NOTE: This Hadith says we need to start teaching our kids at 7 years old to pray – say start with 1 prayer and focus on
the fard. Then add other namaaz each time. Whatever is hardest e.g., Fajr, then make part of his/her habit at the end.
But by age 10 years old, make it mandatory and add the sunnas and the witr – sunnas of fajr is most important, magrib
and then the others. As you see the nature of your child, teach to pray in this manner. If at the age of 10, hit them
which means discipline your child. Used word “Tadribooh” (discipline), means that hit on the arm and hit must be
ONCE, strong enough to have an effect on child but cannot be so hard that it leaves a mark on the child then
haram/forbidden. Must be hit with your hand on a body part that can take. NEVER HIT ON THE FACE, it is
forbidden as the face is the most honorable thing in the eyes of #A.

REASON WHY PRAYER BECOMES OBLIGATORY


Because of its time. As soon as the time of prayer arrives, obligated to pray.
 In Quran, #A says: “Indeed the prayer has been prescribed on the believers in the prescribed time: (Sura Nisa,
Ayat 103).
 When does Dhuhr becomes mandatory? As soon as the time enters e.g., 12.21 pm. Should pray in that specific
time and is prayed in its adah/prescribed time. If pray outside of specified time, then prayer is called qada’ prayer.
Huge difference between adah vs. qada’ prayer. And whatever was the reward given, then did not follow the
rulings. Had to be prayed at the specified time. Now on #A’s rehmaat.
 Prayer should ALWAYS be adah and NEVER qada’.

Why do we pray Qada’ if Qubilyat?


 We have taken a loan from #A by prayers, so need to be paid back so when return to #A, can at least say “I tried
my best and I did the qada’ of them” so we show effort.
 All 4 schools agree on it. Must make up the prayers, no such concept of tauba and previous prayers forgiven.
Tauba should be done but still do qada’. Do not pray nawafal and make up your qada’ prayers. So wake up for
TaHajjud, as good time to pray qada’ prayer. It is your choice about when to pray. End prayer set with 2 nafl
taHajjud namaaz.
 Qada’ prayer can only have ONE niyaat.

WHAT ARE TIMES OF OBLIGATORY PRAYER?


Do we have 5 times of obligatory prayers?
No, as witr is wajib so we have actually 6 obligatory prayers. Difference between fard and wajib? If you do not
believe in the fard acts, then that will take you out of the folds of Islam. But if don’t believe what is wajib, then will
not take you out of folds of Islam.
Example: I don’t believe in the fard prayer, will take out of the folds of Islam. But if say the same for witr (wajib),
don’t become a disbeliever.
We should be careful with wording as may say some things that takes us out of the fold of Islam.

AUKAAT/TIME OF OBLIGATORY PRAYERS


Fajr Prayer
Start of fajr is at “soobhai saadiq” means the true dawn = when the sky around the horizon begins to increase in light
and does not disappear. What is the horizon? It’s that line when one can see where the sky and seashore meet (if by
the beach).

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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.

FIQH CLASS 21: 18 March 2019


Start of Dhuhr prayers – when the sun passes its meridian (zawaal ka waqt) and starts to decline
[Insert picture of how sun is declining]
Second Makruh tehreemi – when sun is directly over your head, should not be praying. DO NOT PRAY any prayer,
including qada’ prayers. It’s for about 5 to 10 minutes.
End time of Dhuhr – difference of opinion as the end time is the beginning of asr.
 Opinion 1: Sahibaen (Imam Abu Yusuf and Imam Mohammad) and Imam Shaafi (ra) are in agreement. They say
the Dhuhr time ends when: “the size of the shadow = the size of the object plus the shadow at peak time.”
Example: 1meter object = 1 meter shadow + 1” shadow

1M

1 M = Asr = end of Dhuhr / single shadow


 **Opinion 2: Imam Abu Hanifah (ra) School of Eh-naab – the school follows on this matter. He is of the opinion
that Dhuhr time ends when the shadow of the object is double in size to the size of the object plus the shadow at
peak time. Example: 1’ stick at noon and at end of Dhuhr time when have 2 m shadow of the object PLUS the
shadow at peak time. He says that “my proof is at double shadow is the #P’s Hadith – in very hot weather, delay
the Dhuhr prayer until it becomes a little cooler because of the severity of the heat is from the raging of the
hellfire [ref Hadith in book so can copy].” So because of the Hadith along with #G’s second day coming, Dhuhr
ends at the double size of the shadow.

1M

2 M = Asr = end of Dhuhr / double shadow

#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.

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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.

NOT JOINING 2 OBLIGATORY PRAYERS IN ONE TIME


In Hanafi madhaab, we never combine any prayers in one waaqt/time except for TWO exceptions:
 1. In Hajj – in Arafat, in masjid Inimira, behind the Imam in jamaat. Then can combine Dhuhr and asr prayer and
done at waqt of Dhuhr. This prayer is prayed with 1 adhaan and 2 iqaama (Dhuhr for 4 prayers, and then pray 4
rak’ah asr prayer). What if you’re in Arafat and not in Masjid Inimara – then pray Dhuhr during waqt of Dhuhr
and pray asr in the waqt of asr.

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 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.

Three Proofs of Eh’naaf:


1. The status of the kabraab wahid is not the same status as the Hadith muttawatir. In the salatul kitaaban Sura Nisa
rAyat 103 when in the Quran, #A says “pray in the prescribed time”
2. The Eh’Naaf say that what #P says was not “jammah haqqiqih”, it is “jammah sooriy” which means that #P is
actuality did not combine the Dhuhr and asr in reality, instead he delayed the Dhuhr to the last end time and when
he finished Dhuhr, and then asr time started, and he stood up for asr in its awwal (first) waaqt. #P was in travel
when that happened.
3. If jammah haqqiqih of prayers allowed – why was there no proofs for when #P combined the asr and maghrib?
Should have been some Hadith! Because asr has a Makruh waqt after it so #P never combined it.

RECOMMENDED PRAYER TIMINGS


The Mustahib awqaat = time recommended to pray.
There are different recommended times for different prayers due to different reasons:

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.

MAGHRIB AND ISHA


 Early in the winters and the summers i.e. all year around
 Maghrib – early to extent between adaan and Iqaama, there should only be time equivalent that you can recite 3
verses of the Quran so approximately 3 minutes. On cloudy days, better to delay a bit to ensure that maghrib has
arrives.
 Isha – it is recommended to delay the isha until the first 1/3 of the night. Still relatively early, but better not too
early and delay to the end of the first 1/3 of the night.
o Example: Night starts at start of maghrib e.g., magrib 6pm and fajr is 6am, then night is 12 hour and now
divide by 3 so one portion/block is 4 hours so delay Isha to around10pm, the recommended/Mustahib
waqt.
 It is Makruh to delay Isha after the ½ of the night. So to pray at 12pm, it will be adah but Makruh.
 Cloud weather – recommended that Isha should be prayed earlier as it’s difficult for the people to come to the
Masjid to come early.

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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’.

PROHIBITED AND DISLIKED TIMES


There are 3 Makruh tehreemi times
1. Rising of sun until it completely rises – so can pray fajr until just before the sun comes above the horizon, then
forbidden ANY KIND OF PRAYER until it is above horizon. Block of about 15 minutes
2. Zawaal – when sun is at it’s zenith/meridian and right on top of us. Block of about 5 minutes
3. End of asr – Makruh to pray when sun is getting close to ending, and sun goes into a pinkish color. And it starts to
approach the horizon, but Makruh. If not prayed current asr at this time, do so as still adah but Makruh waqt.
Qada’ prayers can be prayed any times during day/night EXCEPT the above 3 Makruh tehreemi times. Also, cannot:
1. Do Sajda Tilawat
2. Read Janaazah prayer
If sajda Tilawat or the janaazah prayer become mandatory on you in the Makruh time, then it is allowed to do sajda
Tilawat or the janaazah prayer in that Makruh time.
Example: 14 sajda Tilawat in Quran. If read Ayat when Makruh to do, then allowed to do sajda Tilawat then can
delay until later like end of prayer time. If it comes during the Makruh waaqt, it is allowed but delaying is better.
Janazah becomes mandatory when it is ready for duffin/burial. If your Janazah is not ready and the Janazah when
ready to be buried, then enter into the Makruh waaqt. Then it is allowed to pray in the Makruh waqt but best to not to
pray during the Makruh waqt – best to plan for not that time.

TIMES WHEN THE NAWAFIL ARE MAKRUH


1. From soobhahi saadiq, the horizontal line from start of fajr, until after the sun has completely risen, should not
pray nafal until start of fajr until sun has completely risen above the horizon. EXCEPTION – do not let the
sunnas of fajr go even if you are about to be trampled by the stamping horses. Another Hadith #P said “The
Sunnas of fajr are better than everything in this world and whatever is contained in this world”. Cannot pray
qada’ only during 3 Makruh tehreemi.
2. It is Makruh to pray nawafil after the asr prayer until sunset. That is why it is recommended to delay the fard of
asr. So, if you want to pray 12 naffal at asr time, so pray 12 rak’ahs and then pray 4 rak’ahs of asr. Can pray
qada’ as long as not in Makruh time.
3. It is Makruh to pray nafl before the magrib pray and after the azaan of magrib, then Makruh to pray nafl
4. It is Makruh to pray nafl when the imam comes out for the khutbah of jamaat, until the fard prayer is complete.
You should sit down and listen quietly until after fard has been completed. It is wajib to listen to the Imam of the
Khutbah, regardless if in another language.
5. At the time of Ikaama, it is Makruh to pay nawafil except the sunnas of fajr. If the ikaama has started, but you feel
that you have to pray the sunna of fajr and join in the jamaat prayer, then pray them quickly and join the jamaat
prayers.
6. When combining the prayers of Arafah and Muzdallifah, then no nawafil between them
7. It is Makruh to pray nawafil at the time of Eid prayer.
8. It is Makruh to pray nafl when there is very little time left to pray the fard of that time.
9. It is Makruh to pray any prayer if you are in the need to urinate or defecate – fard, wajib, sunna etc.
10. Do not pray in case you are hungry – Makruh, because won’t be able to focus.

FIQH CLASS 22: 1st Apr 2019

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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

HOW DID ADHAN COME INTO BEING?


The hookam of prayer came in Mehraj in Mecca but no adhan. Before, men and women prayed separately, or they
would gather secretly in #P’s house and pray in small groups. Hence, the dhuhr and asr prayers are quiet prayers.
Jamaat prayer not aloud, and still do so today. We pray silently/sirri for dhuhr and asr and jaffri/loud. In times of
Quraish, scared of torture/violence from Mushrikeen, so men would quietly pray so would recite nothing from Quran,
including Sura Fatiha. Only words was “Allahu Akbar” between different positions. We follow sunna of that time.
Rules of jammat prayers must be done silently.
Medina was an Islamic state in 1AH (some say 2AH), #P wanted a system in which he could call people to Jamaat
prayer. He asked how to do this? Previously, a man would go around the streets calling “Asallah, Asallah!” #P
called mushwera to gather Muslims for jamaat prayer.
 Some people suggested the bell, but they disliked as said like Christians.
 Some said light fire, but that was what fire worshippers do that.
 Then someone said blowing of horn, the “soor” but Jews did that.
 Umar (ra) said caller should go to streets and said “Asallah al Jamaat” but that was already being done
Then #P said think about it and come back with ideas. Later that night, Syed Abdullah ibn Zayid (ra) said had a
dream had where man was selling a bell. SAZ said I can call the people for prayer. The seller said I have something
better, let me teach you the words so adhan and iqama came. At tahajjud time, he awakes and went straight to Masjid
Al Nabi and told #P with his companions. #P said this dream is haq/true. Syed Umar ibn Kittab (ra) had a similar
dream and he also came to masjid at Tahajjud and Umar (ra) remained quiet –
Lesson1: good adab as didn’t share the credit/praise or SAZ’s feeling of accomplishment.
When #P heard the words, he called Bilal (ra) and told him to go up and recite the words. He then called out the
adhan at the Fajr time “ and when Umar (ra) heard the words, he could not contain his emotions. He dragged his
outer garments and went to the masjid for jamaat and said to #P, I had the same dream. #P said to him “Ya Umar,
why didn’t you say you had the same dream?” Syed Umar (ra) said was to shy.
Lesson2: #A used a sahabi to implement his ehkaam of the deen. So this is to show us:
1. Establish the rank of sahaba ikraam
2. The ehkaam of the deen can come through other sources other than #P and in a dream e.g. Tarawih established
as 20 rak’ah and required as people losing level of ibadat during Ramadan via Umar (ra), 4th abrogation of zakat
principle are recipients (mahl fitul qaloob = before, could pay ppl to come into Islam, but at time of Syed Umar
(ra) said no need to ‘bribe’ them); Rajam/stoning from Syed Umar (ra). NOTE: must have consensus when ijmaa
among sahaba ikraam
3. Concept of affirmation as #P said dream was haaq

RULINGS OF ADHAN AND IQAMA


Ref p135
 Ahdan and iqama are both sunnah al muakada – those things which are part of our worship that #P
NEVER/RARELY let go. They are for 5 prayers + Jummah prayer.
 No adhan for other prayers: Eid, Tahajjud, Salatul al Janazah
 If group of men offering a qada’ jamaat prayer, then it’s sunna muakada to do the adhan and iqama because done
in the battle of Khaybr, the Muslims had to do the qada’ of the fajr prayer and then all did the fajr prayer in
Jammat. Famous Hadith is “Layla ul Tavis” in which qada’ prayer is mentioned.

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 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.

Ash-hadu anna Muhammadar-Rasulullah. Ash-hadu anna Muhammadar-Rasulullah. 


Ash-hadu anna Muhammadar-Rasulullah. Ash-hadu anna Muhammadar-Rasulullah.
4. 4.

Hayya ‘ala-s-Salah, hayya ‘ala-s-Salah. La hawla wa la quwwata illa billah. 


5. 5.

Hayya ‘ala-l-falah, hayya ‘ala-l-falah. La hawla wa la quwwata illa billah. 

Allahu Akbar, Allahu Akbar Allahu Akbar, Allahu Akbar


9. 9.

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When The Mua’zzin Says… You Reply By Saying…

La ilaha illa-llah.  La ilaha illa-llah. 


Send blessings on the #P, anything

 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.

As-Salatu khairun min an-naum.  La hawla wa la quwwata illa billah. 


7. 7.

Sadakt wa barakta
As-Salatu khairun min an-naum. 
OR can say “MashAllah”. 

15 CALLINGS/PHRASES IN THE ADHAN


Recital Arabic Transliteration Translation

*4x ‫ ٱهللُ أَ ْكبَر‬Allāhu ʾakbar God is the greatest.

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 ‫ حَ يَّ عَ لَى ْٱلفَاَل ح‬Ḥayya ʿalā l-falāḥ Hasten to the salvation.

2x for ‫ الصالة خير من النوم‬aṣ-Ṣalātu kḫayrun mina n-naum Prayer is better than sleep.
Fajr

2x ‫ ٱهللُ أَ ْكبَر‬Allāhu ʾakbar God is greatest.

1x ‫ اَل إِ ٰل َه إِاَّل ٱهلل‬Lā ʾilāha ʾillā Llāh There is no deity but God.

*Note: for Hanafi Maddhab, others do it twice

17 CALLINGS OF IQAMA
The iqama/stand up is done just before jamaat starts. There are

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Recita
Arabic Transliteration Translation
l

4x ‫هللا أكبر هللا أكبر‬ allāhu ʾakbar Allah is the Greatest

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 ‫حي على الصالة‬ Ḥayya ʿalā ṣ-ṣalāh Hasten to prayer

2x ‫حي على الفالح‬ Ḥayya ʿalā l-falāḥ Hasten to success,

2x ‫قد قامت الصالة‬ qad qāmat aṣ-ṣalāt Prayer has started,

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

RECOMMENDED ACTIONS FOR THE CALLER/MUEZZIN


Ref p137
1. The adhan called without haste by taking a short pause between every 2 words. “Allahu Akbar [pause] Allahu
Akbar”. And iqama should be done in speed e.g., 3 minutes vs 40 seconds and should only be called in Arabic
(no other dialect)
2. The Muezzin has to be a righteous (in his ikklaq) person, because he calls out from a high place. In previous
times, they used to have to go to top of minaret, so have the opportunity to look into everyone’s house and so
should guard his gaze. It is mustahib/recommended for him to have the knowledge of the sunnas of the adhan.
3. Mustahib/recommended for muezzin to be in wudu and it recommended he places his fingers in his ears (blocks
sounds in ears to be loud) and turn his head, as ordered by #P to Syed Bilal (ra)
a. to the RIGHT when saying ‘come to prayer” (Ḥayya ʿalā ṣ-ṣalāh) and
b. to the LEFT when saying ‘come to success’ (Ḥayya ʿalā l-falāḥ)
4. He needs to revolve in a circular fashion in minaret so the adhan sound goes in all directions
5. Mustahib/recommended to allocate sufficient time between adhan and iqama so men can congregate. Usually
about 20 minutes but can vary. Only difference with maghrib prayer, for 3 minutes so equivalent to recite 3 short
verses from the Quran.
6. Facing the Qibla is mustahib/recommended

THINGS DISLIKED IN THE ADHAN AND THE IQAMA


Ref p138
1. Do not melodise the adhan i.e. don’t make it into a song
2. Disliked not to have wudu for muezzin
3. Disliked to call iqama and adhan for the dhuhr prayer on a Friday because different adhan for a Friday prayer.
Needs to make niyat for Jummah prayer. NOTE: Jummah prayer is sunnah muakadah for cities and not villages
(as they fall into category of populations for living too far away so difficult to congregate). In villages jummah
still happens in heavily populated where they can be accommodated and have more people, but they then do dhuhr
on Jummah day.
4. Disliked for a boy who has not reached balooghat to give adhan. Boy can give iqama
5. Disliked if caller is in a state of sexual impurity/janaba, insane or under the influence of alcohol, female or an
Immoral person

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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.

CALLING ADHAN AND IQAMA FOR MISSED PRAYERS


Ref p139
1. If a person is doing the qada’ for one missed prayer, he should do adhan and iqama
2. If he’s doing he’s doing multiple qada’ for multiple prayers, then he should do adhan for the first prayer and then
do iqama for all the rest of the prayers. Considered makkruh if he does not do iqama for the rest of the qada’
prayers
3. Better to call an adhan and iqama for every qada’ prayer also, but if they choose not to, then at least do adhan once
and do iqama before every
-- End of chapter of adhan and iqama--

CONDITIONS OF THE PRAYER AND ITS PILLARS


Ref p139

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

CONDITIONS FOR FARD AND ITS PRAYERS


Purity = no najasa haqiqiyy on it
1. Purification from najaste hukmiyy/legal najasa {najaste akbar} and purification from najaste haqiqiyy/minor
impurity’ {najaste khalifah)} is required for the prayer validity. So, both are shart before prayer. Must be pure by
body, clothes, place.
o What is the place of prayer? Where person is putting hands, knees, feet and his forehead. These places must
be pure, free from najaste haqiqiyy.
o Clean unless you can SEE it e.g., on grass, cemented area, carpet. Hair/food as not considered najasa. And if
‘dry’ should be OK so jah-namaz is not necessary.
REMINDER: 2 Najasa/Filth categories
 1. Najasa haqiqiyya – Real or a true najasa referred to as Khubth (real).
o Example: urine, wine, blood, stool, puss, vomit that is a mouthful.
 2. Najasatil hukmiyya – 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 them.
 1. Najasa Ghaleeza (Heavy Filth)
Includes things like alcohol, flowing blood, the meat of a dead animal and its hide, the urine of animals whose
meat is unlawful such as human, fox or wolf, the dung of a dog and the of a predatory animal (incl cats*) and its
saliva, the 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.
 2. Najasatha Khafeefah (Light Filth)

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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.

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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

FIQH CLASS #23: 2nd Apr 2019


22. The rukn must be performed while one is conscious. If your sajda, ruku or qiyam is done sleeping, then that prayer
is not valid. Whatever you prayed before sleep overcame you in prayer, then that sajda vs prayer became invalid.
23. It is a shart to know what you’re praying. You have to know in your heart/mind – sunna, fard or wajib salah.
a. Example: must know you’re reading 4 ra’kah zohr fard. Note for the men: If a man joins into a jamaat
prayer an when imam is leading a fard jamaat, but already prayed fard, the man can still join if wants reward
of jamaat with the intention of nafl because the status of the fard is higher than nafl.

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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.

FIQH CLASS #24: 4th Apr 2019

FIQH CLASS #25: 5th Apr 2019

FIQH CLASS #26: 8th Apr 2019

FIQH CLASS #27: 22nd Apr 2019

FIQH CLASS 28: 6th May 2019


Insert text

FIQH CLASS 29: 7th May 2019


Review from previous session
 A person is a traveler if travels more than 48 miles and expects to stay for less than 15 days
 When shorten fard prayers, all 4 rakkahs are shortened to 2 rakkahs
 The finnah – the outer buildings of the city of where you’re living and attached to a wide open space, then in legal
terms, it’s the end of the story e.g., stables, graveyard. When cross the finnah, then can shorten the prayer can
close the Finnah. Shorten prayer is wajib because #A has given us a gift and we must honour that gift.
 When shorten prayers, as soon as cross Finnah, then stop shortening your prayers
 Combing prayers in Hanafi fiqh – we NEVER combine prayers EXCEPT at Hajj, Arafah and Muzdullifah
 NEED TO CHECK ACCURACY: When to shorten prayers?

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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

WHEN IS INTENTION OF RESIDING NOT VALID?


If one intends to stay in Makkah and Medina for 20 days, but not sure how many days in each yet but leaving
Islamabad. Now will start to shorten until you decide what you are going to do.
Ref books: p244 [read topic]
If the soldiers are fighting on enemy land and they don’t know how long they will stay there, then prayers must be
shortened

CAN TRAVELLER PRAY BEHIND A RESIDENT (MUQIM) OR VICE VERSA IMAM?


 1. Ref Men and jammat prayers. A traveler can offer prayer in its time behind a resident Imam in a jammat. And
if the imam is praying 4 rak’ah then the follower must follow 4. So in Mecca and Medina, so when Imam is
leading the prayer, you must pray full prayer behind the Imam. Because an Imam’s prayer is a muqtaddir
 2. If no jammat is offered and praying by yourself in its time, then pray qasr.
 3. If Jamaat is a qada’ prayer, not in the right time, then musaffir then cannot pray behind the resident Imam.

CAN A TRAVELER BE AN IMAM?


 1. Yes! Can be an imam for the prayer in its time. Not for qada’ prayer
 2. He can also be an Imam for a jamaat qada’ prayer. Means he is a traveler so during travels, he and his
companions missed the prayer, then he can lead that prayer as own qada’ and will pray 2 rak’ahs and the Imam
will then say his salams. The muktaadi (follower) will not do salam and so will stand up and will continue to pray
2 more rak’ah – why? Because incident where #P performed prayer with people of Mecca and the people stood
behind them and then said to them, “complete your prayer for we (co-travllers) are in travel.”
 3. If the traveler is the Imam, it is Mustahib for him to say “Attaymum (to complete) min attehy hoo… (for indeed
I am a traveler). Imam can also say this before the prayer so that the people know they have to do a longer prayers.
When Imam finishes prayer and the others stand up and do 2 more rak’ah s. Condition attached: when the
muktadi stand up to read prayers, in 3rd and 4th prayer will not recite any Quran, including Sura Fatiha and recite
any other so remain silent, and stand for ‘estimated’ time of what it would have taken if prayed with recitation,
and then goto ruku.

IF TRAVELER MISSES A PRAYER, HOW TO MAKE UP?


 If miss prayer and does qadah, then if prayer is 2 or 3 rak’ah then do the same. For traveler should not pray
anything 4 rak’ahs.
 But if a resident misses a prayer and now he wants to do the qada’ of it when he’s travelling, then must do the full
amount e.g., 4 rak’ahs

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ONE’S PLACE OF DWELLING/LIVING, IT’S TYPE AND WHAT INVALIDATES IT


2 types of residences:
a) Wattanul-asli = permanent place of residence.
b) Wattanul-Iqama = temporary place of residence. Where stay for more than 15 days, but not a permanent place
where you live. If live less than 15 days, then you’re a traveler, a musaqqif.
a. Example: Born/raised in Pakistan, goto study to the US. Pakistan is asli and USA is ikaamah. In both
wattans, must always have to pray full. If you come back to wattanul-asli, even if 15 days or less, are
going to pray full, will not do qasr.
b. Example: asli = Pakistan, become student then Iqama = US. Come back to visit parents for 10 days in
Pakistan, but as returning to asli, must pray full. But duing active travel, from the cities, then will pray
qasr. The only sunnas will pray for Fajr and it very good to also do Magrib. Must always pray Witr.
How to determine both wattan? Wattan is determined to niyaat (intention) for whatever city.
 Example 1: Lived in Pakistan whole life and I know will study overseas and will not return. So intention, is
Pakistan is no longer asli, as will live in USA and have niyaat so ``will now become asli. When visit parents, will
return back for less than 15 days, then do qasr. But if more than 15 days, then Iqama and pray full.
o Usually, scholar says asli is where passport it. Also, we have to look at the asli of the husband and that
will be the same for the wife. Usually, in certain situation where husbands work out of another country,
then wife and hubby both have their own asli and kiayamah.
 Example 2a: a husband lives in Birmingham. Wife lives in London. Now they both get married. The husband’s
asli are different. After marriage, both of them, their asli is Birmingham.
 Example 2b: Now husband decides to move to Dubai. Now, Dubai becomes wattanal ikaamah.
 Example 2c: Now wife travel s from Dxb to Birmingham for 3 days, what will she pray? She will pray full as
less than 15 days for asli/ikaamah, then will pray full in Birmingham.
 Example 2d: Now wife goes to London for 3 days, will pray qasr for 3 days as no longer asli as had moved for
Birmingham after marriage. If travelled for more than 15 days, then it’s full. (Note, 1-14 days and 23 hours and
59 minutes is saffar)
 Example 3a: Someone travels from UK to Dubai, and his wattanal asli is the UK. He travels for 12 days, then
goes to Abu Dhabi (more than 48 miles to Dubai) for 8 days and then returns to Dubai for 10 days and then
returns to UK.
o Qasr all the way as keep resetting cities. At every point of travel, there for every 15 days. All three
places are less than 15 days so none ever become ikaamah.
 Example 4: Wattanal asli = UK, and goto Dubai for 18 days. Then from Dubai g oto Sharjah (less than 48 hours)
for 3 days and then goto Abu Dhabi for 6 days
o Goto UK to Dubai so will pray full as ikaamah.
o Then goto Sharjah prayers will be full as less than 48 miles, so going to Sharjah not a travel.
o Then when go to Abu Dhabi which is more than 48 miles, then will be for 6 days which is less than 15
days, and so now a mussafir and will pray qasr in Abu Dhabi.
 Example 5: You go to Spain for 2 months. Becomes Iqama so pray full. From Spain goto France (more than 48
miles) for 11 days, then pray qasr as travel for less than 15 days.

SAJDA IL TALAWAH – REF BOOK259


 The sajda Tilawat, is when reciter reads certain points of Quran or hears from other reciting. It’s Wajib on the
listeners
 The Ehnaaf say there are 14 places in the Quran where the sajda Tilawat is done. [Ref to book. Maliki says 11,
Shaafi is 13 and Hanaafi is 14]
 If the person hears the verses of sajdda tilaawat EXCEPT a woman is hayd or naffas, then sajda is not wajib on
her. Sajdda is excuse.
 A junabi – a person in junaba in sexual impurity – if they recite the Ayat of sajda or hear it being recited then
HAVE to do sajda tilawat as wajib but MUST DO GHUSL FIRST.
 Pre-requisites of sajda tilawat must be the same as of prayer apply for – covered properly, Wudu, place of prayer
clean.
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Fiqh Notes 2019-2020

o Must be in a state of Wudu


o Must be free from janaba
o Must face the Qibla
o Awra must be covered
 If Ayat of sajda is recited in prayer, then sajda tilawat is wajib INSIDE the prayer. Example: if reciting Sura Alaq
in prayer, and now recite Ayat of sajda in prayer, then you must do sajda tilawat in the prayer.
 Sajda tilawat is only one sajda, NOT TWO (before used to do it with angels in Arafah)
 If the Ayat of sajda is recited outside the prayer, then it is necessary to perform it immediately BUT if slightly
delayed, no harm. Example: If teacher recites, then sajda is wajib on all students and wait for class to be over and
then go do the sajda as long as all prerequisites
 Sajda tilawat – is done for hikma. Can be done during the Makruh times if it becomes wajib during Makruh times
but better to delay it. Example: Reading Quran during Makruh time, and then a sajda tilawat can be done, BUT
better to do it when non-Makruh time
 When hear Ayat of Sajda on a CD, then Sajda is not wajib on you. Only become wajib from a live
recitation/voice.
 If you recite the word which comes before the word of Sajda, or you recite the word after it, then it is as if you
have recited the whole verse and the Sajda Tilawat is wajib on you.
 However many times the ayats of Sajda is recited in one session, sajda tilawat is only ONE.
 Example 1: hifz students who recite ayats many times in one session, then the sajda tilawat will only be once.
 Example 2: During class, bajji recite 3 different ayats at 3 different times during one session, then will recite
sajda tilawat 3 times.
 Example 3: Say Ayat sajda at 10am, 10.30am and at 11.15am, then will do 3 sajdas.
 Example 4: Recite Sura Araaf and then after 5 minutes, recite Sura Alaq then do 2 sajdas.
 The Imam and the Muktadir do not have to do Sajda Tilawat if one of the Muktadir recites an Ayat of sajda
behind the Imam INSIDE the prayers. If all other followers will not do Sajda Tilawat. HOWEVER, if someone
outside the prayer hall hears prayer recited by the Muktadir, then will do Sajda Tilawat.
 If the Imam and his Muktaddir (followers) hears the prayer while a man outside recites Ayat of sajda, and the
imam and muktadir hear this man reciting from outside, then they have to do Sajda Tilawat after the prayer.

HOW TO SAJDA TILAWAT OUTSIDE THE PRAYER?


Put mussafir aside.
1. Stand up
2. *Say Allahuu Akbar and DO NOT raise your hands
3. Go straight down into Sajda (no ruku)
4. Say Subhanna Allahi Rabiyallah x 3 times
5. *Say Allahu Akbar to sitting position
6. When sit up, then finished. Can continue reading Quran or get up and walk away
*Note: Both the takbirs are Sunna

If you’re inside the prayer


Scenario 1: When reciting the Quran, you finish with the Ayat of Sajda e.g. Sura Alaq, OR you recite less than 3 ayats
AFTER the ayah of sajda, now you can do 2 things:
 go into ruku with the niyaat that this is sajda e Tilawat so the ruku will become
 OR don’t make the niyat at the time of normal ruku, stand up and then go into sajda without an intention and this
will be a sajjd e Tilawat so there will be no need to for an extra sajda
Scenario 2: If he recites 3 or more verses after the ayah of sajda, NOW must do a separate sajda. This will be the sajda
el Tilawat. So you will do an extra sajda. So Sura Fatiha and then recite Quran with Ayat Sajda and knows will recite
3 more ayats with sajda e Tilawat (like Tarawih prayers) then will go straight into Sajda. Then continue to recite
Quran and then finish, then go to Rukku and then continue prayer like normal.

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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.

FIQH CLASS 30: 14th May 2019


Will

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
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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

PERSON PASSED AWAY/IS DEAD


Once he’s dead, what to do?
1. Mustahib/recommended to close the jaw of the deceased with wide bandage and put over the head and under the
jaw of the person to hold the jaw in place. These are things to be done as soon as person dies, body starts to stiffen
and cannot close later. Take a bandage to keep jaw in place
2. The eyes have to be closed and there is a dua to be recited at the time (ref copy from p301). The #P says, when
you visit the dead person close eyes because the body is following the soul. And say Ameen to what the people of
the house utter. So when make a dua for the person, so utter only good words about the person. Look in Arabic
text , the dua is “XXX” from the book.
o Dua = Oh Allah, lighten the matter on him and make the path for easy for him and what is after it. and
honour him in your meeting and make and which has gone better and what is from.
o Concept of eyes, which follow the soul. When soul comes out, from the feet, calves, thighs and body
through the throat. This is the time of ghargharra. Person’s tauba is accepted until in the state of
ghargarrah but at point of ghargarrah, then tauba not accepted. So eyes follow the soul and the curtain of
the world is drawn and now the eyes can see the soul existing into the next world. Close the eyes of the
person because verily the eyesight follows the soul.
o Ref: glass of water in front of you and you say you believe, it’s called “tasdeeq” so verifying. But if you
say glass of water in the car, but cannot see it, and you believe it, then it’s called “imaan” i.e. Imaan is on
the Ghaib/unseen. ONLY talk good about the person as angels saying Ameen to all the things that are
being said, and so are being accepted – if you said something bad, then you sin and may add to the
punishment for the hellfire. Then when having jamaat, angels says Ameen. When we make dua for
someone who are not with you, angels will say Ameen to those duas and will accept
3. It is recommended to place something heavy on the stomach of the deceased or it may get bloated
4. Hands of the deceased should be placed straight and on the side. Cannot be folded on chest as practice of Jews and
Christians. And all the joints should be made straight else later, body harden and then cannot straighten to ensure
easy ghusl
5. After the person is dead, it is Makruh to recite the Quran in his presence until his ghusl is complete. Can only
recite Quran in the murayd
6. There is no harm in announcing the death to the people. It is recommended so that the people will increase at the
time of Salat ul Janaza. On page 302, #P says “if any men who die and 40+ people and #A will accept them as
intercessors for him and if the number increases, so if 100 pray, all can intercede for him on day of Judgement,
then they can all intercede (page ~282)
7. It is recommended to make haste for making burial. Never delay the burial of a body. This is an extreme
zulm/oppression of the body as the earth is calling to the body and the body wants to go into the ground. That is
why, wherever you die, just get buried immediately. Example, disregard the “will” and bury the body ASAP.
Just do it as quickly as possible.

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

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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.

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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).

HOW TO DO THE KAFFAN/SHROUD THE MAYAAT


Now ghusl is complete, now do the kaffan. There are 3 types of shrouding:
1. Sunna kaffan – it’s the best. The shrouds can be scented with aloe or ittar, odd number of times.
2. Sufficient kaffan – just enough
3. Necessary kaffan – fard.

Sunna shrouding for men


1. Breast kaffan – is a kameez/shirt. It goes from the base of the neck to the feet. Take material and put a hole into it.
No stitching. IT goes from base of neck to feet, no sleeves, no pockets, not hemmed and not stitched. Just a piece
of cloth.
2. Izaar/inner wrapper – piece of cloth as long from head to feet.
3. Lefafah/outer wrapper – like envelope. Piece of cloth longer than the head and beyond the feet. Stretches out long
enough so knots has to be tied at both ends. Cloth/kattan should be white and quality should be what a person
wears on Eid and Jummah. Should be nice quality cotton.

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.

HOW TO SHROUD A PERSON?


After washing body on the bench/table. First lay lefafah on the dry bench and then put the Izaar (shorter than the
lefafah). Then deceased person, put kameez onto the body and moved them to the dry bench on top. Now take the left
side of mayaad fold the izaar first and then the right only (not top). Everything is covered. Now fold the lefafah the
same way. Now knot top and bottom

WOMEN – Sunna Shrouding (5 pieces)


1. Kamzee
2. Khymaar/Veil
3. Izaar
4. Lefafah
5. Kharkha – the breast tie.

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.
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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.

FIQH CLASS 31: 20th May 2019


FAZITAL AL JANAZAH
It’s a fardh ka fayaar = it’s a communal obligation. But if a few people do it, then it’s considered that it’s been
fulfilled by the entire community. If no one does it, it’s everyone’s sins

2 PILLARS OF JANAZAH AL GHAIB


1. #A Akbar said 4 times
2. Qiyaam - standing

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

THE FUNERAL PRAYER


Consists of 5 things:
1. 4 takbiraat – they are loud, jahriya by the Imam
2. Sana – sirri. Silent so muktadhi has to recite it himself
3. Durood- sirri. Silent so muktadhi has to recite it himself
4. Masnoon dawah for deceased and for ourselves. sirri. Silent so muktadhi has to recite it himself
5. Ends with 2 salams

HOW TO DO FUNERAL PRAYER/SALATYUA


1. Imam to stand near the chest of the mayyad/deceased whether male or female as the heart contains the heart of the
person.
2. The first Takbir – Takbir ul ullah, raise hands and say “Takbir ul ulamma” only Takbir when hands raised
3. Recite thanna – subhanna allah wa bi hamdi….. you can also recite of Sura Fatiha with the intention of
thanna/praise of Allah (swt) “Al humdulilahh….” Alternative, Imam Shaafi said must recite Sura Faiha
4. Second Takbir – do not raise hands
5. Durood – Ibraheema
6. Third takbir
7. Masnoon dua – reference in book. The wording of the dua are for the deceased first. There is no other language
but Arabic and no other dua. “Alhooma ighfirlahoo, wa ighfirlana”. Forgive him and forgive for us.
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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

MOST ENTITLED TO LEAD THE FUNDERAL PRAYER


The Sultan/ruler has the most right to lead the prayer. Then his deputy ha the most right. Then the judge (qaadi) has
the most right. Then it is the Imam of the locality has the most right to lead the prayer of Janazah.
If having salat ul Janazah of more than one body, then
1. If several bodies then do a separate al Janazah for each body. Order is Most pious, then next pious etc.
2. If there are several bodies, single salatul Janazah for all of them then place them in front of the Qibla
3. Maintaining order is vital – men placed nearest to Imam, then the boys, then the hermaphrodites, then the females,
then teenage females (ref pictures in the book)
4. The one who arrives late in the Janazah prayer and finds the Imam silent between the two (02) takbirs, then you
cannot join. You can only join at the Takbir but cannot be between. After the Imam says salams, then if man joins
at 3rd takbir, has to do sana, 2nd takbir, the 4th durood and then the salams.
5. A person who was present at the opening Allahu Akbar, but didn’t get a chance, he should not wait for then next
Takbir befor joining but joins Imam immediately. Example: if man doesn’t to takbir, as long as we was there and
hear him say, then should say salatul janzaha
6. If imam has given 4th Takbir but has not yet done salam, it’s as if he’ve missed the salatul Janazah and there is no
qada’ of salat ul Janaza. That’s why if you don’t have Wudu, you can do tayammum can do it and catch it.
7. The funeral prayer should be done in open ground. It’s Makruh to have body/mayyd within the masjid (careful if
courtyard part of masjid, haddud of masjid) as part of congregational prayer. The janazah is prayed at the
kabiristan/graveyard. A person who prays over the deceased: a) mosque not built for the salatul janaza; b) in case
something najaas comes out of deceased, it will go into the masjid.
8. 6 months: If a newborn displays signs of life by crying or by making sounds at birth and then dies, then has to be
named, washed/ghusl, kaffan, daffan and prayed/Janazah over. Ref Hadith in the book where #P said that if infant
utters a sound at birth, he will be prayed over.
9. 6 months: If a newborn does not make a sound more tha 4 months at birth and then he dies, then this aby, there
will be named, ghusl, khaffan and daffan. There’s no salatul janaza.
10. If a child is born before 4 months, limbs are not formed. Child is not named, no ghusl, kaffan, daffan and no
salatul janaza.
11. Mayadd is not in the mosque. In the haramayan (not officially part of masjid) there is a room where the mayadd is
place. The Imam goes there and leads the prayer from there. The people and Imam are in the masjid. The mayadd
is put into a portion of the mosque not designated part of mosque. The jamaat is in the mosque.

CARRYING THE DECEASED AND BURIAL


Ref the book.
There is a sunna manner to carry. It is sunna for 4 men to carry the kaffan and to carry it for 40 steps and after that, 4
new people have to carry it. Imam Shaffi says it should be 2 people. So what’s the recommended way to carry the
kaffan?
The carrier should be in the front right of the carrier and carries on the right shoulder. After which he slides back to
the right shoulder after 10 steps. The #2 has to go to #3. Then he has to carry the right side of his right shoulder and
then he has to go to #4. This is the Mustahib way of carrying the kaffan. This process would ensure everyone takes 10
steps which equals 40 steps.
3 ---------------------4
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Head – body – feet


1 ---------------------2
Anyone who carries a body for 40 steps, then 40 major sins are expiated.
Abu Hurrairah (ra) said who carries the kaffan on 4 sides, then XXXX
1. It is recommended/Mustahib to walk quickly with the kaffan and not lead to the shaking of the body. If the person
was righteous, then it is khayr for ppl, and if an evil person, then delaying.
2. Walking behind the kaffan is more superior than in front of it
3. The jahli zikr is Makruh is recite the Quran in a jahii manner. There is not harm in weeping silently. Do not
remind people of death when carrying janazah
4. It is Makruh to be in a state of sitting when the janazah is carried in front of you – everyone should be standing
5. The grave is to be minimum excavated to half of the height of a man of a body or up to his chest. Ideally 6’

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.

ii) Shaqah Grave


 Wide at top and bottom is narrow. The top of the narrow is covered with bamboo sticks and then place the soil on
it. Imam Shaafi (ra) said shaqh is the preferred way to bury. If the soil is soft, then it is not preferred.
 The grave is to be shaped as a hump, and not flattened as a square shape.
 To build on the grave for beautification is haram and forbidden because Hadith said #P said cannot beautify.
 To build something strong upon the grave after the burial, so that it doesn’t collapse on itself but cannot be
there for many years, as it’s not built for that long.
 There’s no harm in writing or marking the grave to prevent the signs from desecrating with something small so
can be visited. Not a massive tombstone. Not allowed, forbidden.
 Disliked to use home for burial. Only #P can bury in homes. (check the book)
 If at sea, deceased to be washed, shrouded, kaffan and then released in the water. Imam Ibn Humbal (ra) said
should have a weight to sink him to the bottom of the ocean so like a graveyard.
 It is not allowed to excavate the body after it has been buried unless someone has :
i) enemy has taken over the land, and wants to remove the body, then needs to be moved.
ii) if something of value fell into the grave then can be dug up to retrieve it

VISITING THE GRAVE


Duas can be made for the dead from your houses.
1. Women should not seek to goto Salat ul Janaza – based on fatwa
2. If you’re in the harmayn, then pray the Salat ul Janaza, then not haram but should not go seek to pray the salatul
janazah

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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.

THE RULES OF SHUHAADA


Two types of shaheed:

1. The shuhaada of the duniya and the akhira


 Definition: Is a person who is sane, mature, Muslim, free from Janabat, and dies in the battle/jihad on or before it
ends.
 You do not do his ghusl, only kaffan and left clothes on body but take away other things e.g., weapons.
 He is prayed upon. He is prayed upon with blood and clothes. This is a shaheed of the duniya and the akhira

2. The shuhaada of the akhira


 The one who is missing any one of the above conditions, then becomes shaheed of akhira e.g., not sane, not
mature, not in Janabat.
 Or a person killed by accident or he dies after the battle is finished. They receive the reward of #A as promised as
the shaheed.
 For them, do ghusl, khaffan and do Salatul Janazah.
 And the people who are similar of the Shuhada of hereafter are also by: drowning, burning or collapse of a wall or
during the path of seeking knowledge or because of TB or fever.
 Other categories also, such as die in childbirth so the are the ones who are ghusl, kaffan, daffan and salatul
Janazah.
 Only #A knows if they are Shaheed as their Janazah is same as everyone else.
Ref read the whole topic in book.

FIQH CLASS 32: 21st May 2019


**CHAPTER OF THE SAJDDA – PROSTRATION OF GRATITUDE
Ref – read entire chapter
Sajda shukoor is disliked/Makruh according to Imam Abu Hanifa (ra). The scholars say that he did not see the sajda as
a complete act of gratitude. So opinion on which the Fatwa is based is that complete gratitude is attained through
prayer which consists of: 2 rak’ahs as the #P did at the time of Mecca (fatii amacca = time of Mecca).
Sajda shukaar are two saajdas. In time of Abu Hanifa (ra), it is 2 rak’ah salah. In which the sajdda is included. So if do
shukaar, then it should be salaatul shukaar.

**CHAPTER SALAATUL JUMMAH – FRIDAY PRAYER


Friday prayers is a farydh al ain (on every individual) and the 7 conditions are (ref book):
1. Has to be male
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2. Has to be a free man


3. Have sound health
4. Safe from an oppressor
5. His eyes must be sound (cannot be blind)
6. His legs must be sound (can walk)
7. He must be a resident of a town or a city (not for travelers)

WHAT ARE CONDITIONS THAT VALIDATE THE JUMMAH PRAYER


Ref book. Valid if:
1. Takes place in a city (certain population, Kaadi/judge, imam, marketplaces) or in its courtyard. Not valid in
villages
2. Condition that is’ conducted by the Imam or the sulmaan’s
3. Must take place at the time of Dhuhr
4. The khutbah must be before the Friday prayer. There used to be when it was after prayers, study in Sura Jummah.
5. There must be at least one person from among them who is able to hear the speech of the Imam.
6. There has to be a general consent from the people in that area. Example, if imam chooses door due to valid reason
like war or other reason, then Friday prayer is not permitted.
7. There must be a group present. According to Imam Hanafi (ra) At least 3 men apart from Imam then considered
jamaat. Usually for any jamaat, three people including the Imaam
8. It is also condition they remain with Imam until he performs the first sajda. If they leave after this, then this Friday
Jamaat prayer is valid. If leave before this, then prayer is invalid.
9. Friday prayer is not valid if there are 2 females or a non-balugh boy.
Read the rest in the book

KHUTTBA & ITS SUNNA


If the Imam leads the khutbah with only one Tasbih (Subhannallah once) or Alhumdulilah once, then valid sermon but
considered Makkruh.
A sermon has to be long enough that it’s determined as a sermon i.e., at least pray Tahshahuud time

SUNNAS OF THE KHUTTBA


1. Imam has to be in a state of Wudu – not a fard because it’s not a prayer.
2. Imam’s awrah should be covered during the khutbah
3. Imam should sit on the mimbar/pulpit briefly before starting the khutbah. This sitting down for a moment is a
sunnah
4. To call the second adhan in front of the mimbar/pulpit, and will be in some of the people. There are 2 azaans for
Jummah prayer. Niqaama in the masjid is barely heard.
5. After the azan, the Imam delivers the sermon and leans on a sword down in his left hand and leans on a stick
(where countries conquered by force). Though if a peacefully Muslim country, no sword
6. Facing the people is Sunnah
7. The Imam should begin the khutbah by Alhumdulillah and then by Subhannallah.. (sana)
8. Declare the Shahada
9. Imam sends durood on the #P
10. Advise the people the XXXX, hereafter and remind duties to #A
11. Recite a verse from the Quran
12. Conducting 2 khuttbahs is Sunnah
13. Sunna for Imam to sit for a moment between to khutbahs, to the extent of being able to recite 3 verses of the
Quran
14. Sunna for Imam to repeat the praises of #A with the second khutbah – the hamd of #A, the sana (glorification) and
the durood on #P
15. Sunna for the Imam to make a dua for the forgiveness for the believing wo/men. The muqtadees (ppl in masjid),
don’t’ raise hands while Imam makes dua

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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

WHEN IS ONE IS REQUIRED TO FRIDAY PRAYER


1. Fard is to leave buying/selling when first azaan is called, 20 minutes earlier. The second azaan is for the khutbaa
is about to start. Any sale trx after the first azaan, it is makruuh
2. When the Imam comes out from the room near the mimbar, no more praying and no more talking until he
completes the Friday prayers (no nawafil or muaqadaar) and remain silent until the Friday prayer is finished
3. If the Imam comes out, you cannot read the tahAyat al masjid or the 4 Sunna al Muaqadaar. Then you should do
them later. Cannot do any action while imam is speaking.
4. Eating/drinking/fidgeting with any object is Makruh
5. When imam comes out, cannot return the greeting of salaam or reply to the one who sneezes
6. The imam does not give salaam to the people when he enters to the mimbar. Just sits down on mimbar and starts
to speak
7. Makruh for someone who hears the azaan and then leaves the city. If you hear the azaan and don’t do jumma
prayer
8. If person who is not obliged to attend the Friday prayer and attend anyway, then it is as if he has done the Dhuhr
prayer. If not obligated to prayer
9. If person prayers Dhuhr prayer before Friday prayer without an excuse, then it is forbidden and unlawful although
his Friday prayer is possible. Had the capability to pray Jummah prayer. But if someone does it, then it’s taken as
a Dhuhr prayer. Now, if he moves towards the Jummah prayer and finds the Imam performing it, then now his
Dhuhr is nullified, even if he does not catch the imam in the Friday prayer. If he misses the jummah, then he has
to pray the Dhuhr again.
10. It is disliked for those who are excused from the Friday prayer (traveler, sick, prisoner), it is Makruh to pray
jamaat ul Dhuhr. If you’re in those conditions, then Dhuhr al jammat then prayer can be prayed individually.
11. If a person comes as latecomer/mazbook joins the Friday prayer when the Imam in the final Tashahuud in the last
sitting, then he is to complete the remining of his prayer as complete one more rak’ah and then will complete his
prayer. (See rulings of jamaat prayer)
12. The Friday prayer is basically: 4 rak’ah sunna muaqadar, 2 rak’ah farz and 4 rak’ah sunna al muakkadir and then 2
more extra – but these 2 more has a difference of opinion in Hanafi madaab.
13. In the Ehnaaf, the kutbah is supposed to be in Arabic but in a lot of places, given in local language or in English.
So Fuqaha is disliked if given in any other language, but it’s valid as long as there is some Arabic in it e.g.,
Alhumdulillah, Subhannallah.

**CHAPTER OF SALATUL EID-AIN – PRAYER OF EID


Eid prayer is wajib upon all those people where Friday prayer is wajib/obligatory. Same rulings, male, healthy etc. 7
points from above (copied below)
1. Has to be male
2. Has to be a free man
3. Have sound health
4. Safe from an oppressor
5. His eyes must be sound (cannot be blind)
6. His legs must be sound (can walk)
7. He must be a resident of a town or a city (not for travelers)

CONDITIONS OF EID PRAYER


The conditions are the same as the Friday prayer EXCEPT
1. The khuttba. In Friday prayer, the khuttba is mandatory, but in Eid prayers, the khutbah is sunna – so Eid prayer is
valid without a khutbah but you will be sinful for leaving it. So if you prayed Eid prayer and walked out of masjid,
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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.

RECOMMENDATIONS FOR EID UL FITR


1. Eat something before going to the prayer. Doesn’t have to be sweet. Recommended to eat an odd number of
dates.
2. Perform ghusl and do miswaak, use perfume and wear the best/new clothes for the prayer of Eid
3. It is recommended/Mustahib to pay the Sadaqah ul fitr should be paid BEFORE you go to the Eid prayer
4. Be happy, look happy as it’s celebration of Eid. But have firm believe tried your best and #A has accepted
5. Give extra Sadaqah, depending on capacity
6. Wake up early so that you are able to arrive the place of prayer
7. Recommend to perform the fajr prayer in the local mosque and then goto to the Eid prayer ghar reciting the
Takibraat silently. In the book, says #P says best zikr is to recite silently. Should stop Takbir before Eid prayer
begins. Takbir = Allahu Akbar, Allah hu Akhbar walla al hamd
8. You should come back from mosque via a different roads so both roads bear witness
9. Disliked to offer nawafil before the Eid prayer, and disliked at home, even at home. Once prayer completed at the
Eid ghar. After the masjid prayers, can get nawaafil, and includes Ishraaq
10. Disliked to offer nawafil immediately after Eid prayer as you’re supposed to greet the people and wishing Eid
Mubarak to everyone. Now, you can pray and wish Eid to the family.

TIME OF EID PRAYER


Starts with the end of the Makruh time finishes, then time of Eid prayer starts until the start of the second Makruh
time. So can be prayed until just before zawaal.

HOW TO PERFORM EID PRAYER


1. Can only be done behind the imam in a congregation.
2. Can make intention for Eid prayer in heart/tongue.
3. Say Allahu Akbar and raise your hands
4. Tie your hands and say your Sana
5. Now 3 additional Takibaraat “Allahu Akbar” x 3, following imam. Raise your hands for all 3 takbiraat.
6. Now bring hands down to your sides and then say “Allahu Akbar” again
7. Now die your hands
8. Now Imam will do Tahuud, Tasmiyah, Sura Al Fatiha, then Sura (Sura al Alah recommended) and your remain
silent behind
9. Do ruku and sajda
10. Imam with then do Tasmiyah, Sura Al Fatiha, Sura Ghashiya and you remain silent behind him
11. Now Imam will do 3 takbeerat exactly like we did before and he will raise 3 times and you will do the same
12. Now 4th Takbir will be of Ruku. Now men will go into ruku.
13. Then do sajda
14. Then complete the prayer
There are 6 additional takbiraat in the prayer.

RULES OF MISSING THE EID PRAYERS


1. One cannot make up the Eid prayer. No qada’. You can do tayammum so you can catch it
2. If imam decides do delay the Eid prayer for second day, can do that

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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.

RULES ABOUT EID UL ADHA


Rulings same as Eid ul Fitr EXCEPT
1. Delay your eating until the end of the Eid ul Fitr
2. Sunna is to eat your slaughtered meat of animal
3. The Eid ul Adha the Takbirah is out loud to the Eid ghar. Is there takbirah on the way back? No.
4. Eid ul khutbah just like adhan and in this the imam talk is about how to sacrifice your animal and talks about the
takbirah of the shareeq.

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 TASUUF AND KHASUUF - ECLIPSE


Salah for solar eclipse and lunar eclipse
 This is that prayer when you’re scared of something could be darkness in daytime, eclipse, strong wind etc.
 Prayer for fear
 2 rak’ah

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.

RULING OF DISCHARGE in HAYD – Copy back to the book section


If have discharge that is transparent or pure white, it is not counted as breaker of Wudu as long as only from
vagina and not from deeper within. If not sure, go see doctor about the discharge. If further back from vagina
e.g. slightly yellow, then it will break your Wudu. If lot of women after having children, usually coming from
vagina and so will not be a breaker of Wudu.

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