Sunday, July 17, 2016

Chapter 3 Discussion Regarding Water - Bahar E Shariat – Vol 2 – Purification – Taharat

Chapter 3 Discussion Regarding Water

Bahar E Shariat – Vol 2 – Purification – Taharat

Allah  says: ‘And We sent down from the sky, water which purifies’ [Surah 25, Verse 48] Allah  says: ‘He sends down water upon you from the sky, so that you may be purified by it, and so that you may be cleansed of the filth of Shaitaan’ [Surah 8, Verse 11] 

Hadith 1: Imam Muslim reported on the authority of Abu Hurairah (May Allah Almighty be pleased with him) that Rasoolullaah (grace, glory, blessings and peace be upon Him) said, ‘Anyone from amongst you who is in an impure state (i.e. state of Janaabat) should not bathe in standing water (i.e. in very little water which is not a ‘Dah-Dardah’ because a ‘Dah-Dardah’ falls within the ruling of flowing water). The people then enquired from Abu Hurairah (May Allah Almighty be pleased with him) as to what they should do. Hazrat Abu Hurairah (May Allah Almighty be pleased with him) said, ‘Take water from it (for Ghusl).’ 

Hadith 2: It is reported in Sunan Abu Dawud, Tirmizi and Ibn Majah from Hakm bin Amr (May Allah Almighty be pleased with him) that Rasoolullaah (grace, glory, blessings and peace be upon Him) forbade us from using the remaining water which was used by a female for her purification. 

Hadith 3: Imam Maalik, Abu Dawud and Tirmizi report on the authority of Abu Hurairah (May Allah Almighty be pleased with him) that a person enquired from Rasoolullaah (grace, glory, blessings and peace be upon Him) saying, ‘We journey by sea and only carry a necessary amount of water with us. If we use this water for Wudu, we shall remain thirsty, so can we perform Wudu (ablution) with the water from the sea?’ He  said, ‘Its water is pure and its dead animal (i.e. fish) is regarded as Halaal.’ 

Hadith 4: Ameer ul Momineen Farooq-e-Azam (May Allah Almighty be pleased with him) said, ‘Do not bathe with water that has been heated by the sun as this causes leprosy.’

Permissible and Impermissible Water for Wudu 

Note of Caution: Water which is permissible for Wudu is also permissible for Ghusl and water which is impermissible for Ghusl is also impermissible for Wudu

Law: Rainwater; sea water; stream water; spring water; river water; well water; water from melted ice and water from melted hail are all permissible for Wudu

Law: That water into which something was mixed, thereby causing it to be recognised by some other name, such as ‘sharbat’ (juice etc.) or if such a thing was mixed and boiled with the water which was not aimed at cleaning any dirt from it, such as in the case of gravy, tea, rose water or any other essence then Wudu and Ghusl is not permissible with such water. 

Law: If one mixes any such thing in it or boils any such thing in it with the aim of cleansing any dirt from it, such as soap or leaves of a jujube tree then in this case Wudu with this water is permissible as long as its liquidity is not lost. If it becomes thick like Situ (Situ is a sweet non-alcoholic beverage made from parched barley), then Wudu with it is not permissible. 

Law: If something pure was mixed in it, thereby altering its colour, smell or taste but its liquidity has not been changed, such as in the case of sand, lime or a small amount of saffron then Wudu with it is permissible. However, if the colour of the saffron becomes so predominant that it can be used to dye fabric then Wudu with it is impermissible. The same applies to colour from any dye. If an amount of milk has been mixed in it that does not allow the colour of the milk to become predominant in it then Wudu with it is permissible, otherwise not. If old or dry leaves fall into it and their nature is altered then there is no harm, as long as the leaves do not cause it to become thick. 

Law: Flowing water refers water wherein if a blade of grass is placed, it should have the ability of carrying it away. This type of water is pure and a purifying agent for others. If any impurity falls into it, it will not cause it to become impure, as long as that impurity does not cause its colour, taste or smell to change. If some impurity causes its colour, taste or smell to change then it is regarded as being impure. This will now only be regarded as pure water after the impurity settles and the original quality of the water re-appears or if such an amount of water is added into it which carries the impurity away (i.e. it flows away) or if the colour, taste and smell of the water normalizes. If something which is regarded as pure caused the colour, taste or smell of flowing water to change then Wudu and Ghusl with this water is still permissible as long as one of the things mentioned does not re-occur. 

Law: If a dead animal is found lying in the girth of a river and water is flowing over it then in the general sense, if the amount of water that flows after touching it, is less than the amount of water that is passing over it, or it is more or equal, the Wudu is absolutely permissible from anywhere in this water even from the area where this impurity is lying as long as the intrinsic quality of the water does not change. This is the correct and reliable ruling. 

Law: If rainwater (whilst it is raining) falls from the drainpipe (gutter) on the roof, it is regarded as being pure even though there may be Najaasat here and there on the roof, even if there is some impurity on the opening of the gutter and even though the water which is falling after touching the impurity is less than half or equal or more in proportion. It will be regarded as pure for as long as the impurity does not change the intrinsic quality of the water. This is the correct ruling and reliable. However, if the rain stops and the water stops flowing then that stagnant water and whatever drips from the roof is regarded as being Najis (impure). 

Law: Similarly, the water which flows in the external drains is regarded as being pure until such time that the colour, taste or smell does not appear in it. To make Wudu with this water if pieces of ‘Najaasat-e-Mar’iya’, i.e. visible impurity can be seen flowing in it, to the extent that if one takes any handful of water from it, one or two particles of impurity will definitely come into the hand then in such a case merely taking it in the hand will cause the hand to become impure. Wudu with this water is Haraam. If none of this is evident then Wudu with it is permitted. However, it is advisable and better to abstain from using such water. 

Law: If the water in an external drain has stopped flowing after rain and if there are signs of impurity in it or if one notices a change in its colour or smell then it will be regarded as being impure, otherwise it will be regarded as pure. 

Law: That pond which is 10 hands in length by 10 hands in breadth is called a ‘Dah-Dardah’ or a ‘Big Pond’. The same applies if it is 20 hands in length and 5 hands in breadth or 25 hands in length and 4 hands in breadth. In other words its complete surface area should be equal to 100 hand lengths. If it is round then its circumference should be approximately 35 and a half hands length. If the entire surface area is not equal to 100 hand lengths, it will be regarded as a small pond and its water will be regarded as a little water, no matter how deep the pond may be. 

Note of Caution: When ascertaining whether the pond is a big or small pond, the size will not be judged by the measurement of the actual pond but it will be judged by the amount of water. In other words it will be judged by the external surface area of the water which is in the pond. Thus, if the actual pond is big but the amount of water inside it has become less, thereby not qualifying it as a DahDardah any longer then in such a case, it will no longer be regarded as a ‘Big Pond’. Not only those ponds (Haudh) which are constructed in Musjids and on Eid Gahs will be recognized as ponds but every such hole which has a surface area of 100 hand lengths, will be regarded as a ‘Big Pond’ and if it is smaller than this, it will be regarded a ‘small Haudh (pond)’. 

Law: All that is required for a Dah-Dardah pond is that no part of the ground in the pond should be opened (visible) from anywhere. This has been mentioned in many books that when taking a single handful or both handfuls of water, the ground should not open anywhere. This is mentioned so that it remains sufficient because if when taking water into the hand, the ground is visible (open) from anywhere then the surface area would not be within the area of 100 hand lengths. The water of such a Pond (i.e. a Dah-Dardah) is in the ruling of flowing water. If any impurity falls into it, it will not cause it to become impure unless the impurity does not change the colour, smell or taste of the water. Even though such a pond will not be regarded as being impure if any impurity falls into it, it is still disallowed to intentionally put any Najaasat into it. 

Law: The condition for a ‘big pond’ not to become impure is for its water to be associated (to it). So, if sticks or rafters are buried (inserted, poked into) such a pond then with the exception of these sticks and rafters, if the remaining area is bigger than one hundred hand lengths then it is a pond, otherwise not. However, thin things such as grass and crops etc. do not hinder it from being regarded as adjoined (connected). 

Law: If the big pond is polluted with the kind of impurity that is not visible, such as alcohol or urine then Wudu from anywhere in the pond is permissible. However, if impurity such as faeces or a dead creature is visible in it then it is better and advisable not to make Wudu from that section of the pond which has the impurity. One should make Wudu from another part of the pond. 

Note of Caution: That Najaasat (impurity) which is visible is known as ‘Mar’iya’ and that impurity which is not visible is known as ‘Ghair Mar’iya’. 

Law: If many people make Wudu at once at such a pond (i.e. big pond) there is no objection to this even though Wudu water may fall into it. One should not gargle into it or blow the nose in it as this is contrary to ethics of cleanliness. 

Law: If a pond or ‘big Haudh’ becomes frozen at the surface but the water under the ice, the length and the breadth of the amount of water is joined and equal to the amount of a Dah-Dardah and one broke a hole in it and performed Wudu from it then this is permissible. This is even if it is polluted by some impurity. However if it is not joined to a Dah-Dardah and some impurity has fallen into it then it is regarded as impure. If before any impurity entered into it, one made a hole in the ice and water gushed out of it and spread out to the extent of a Dah-Dardah then now even though some impurity had fallen in, it is still regarded as being pure and the ruling in regards to the depth is the same as mentioned above. 

Law: In any impurity fell into a dry pond and it rained, causing pure flowing water to enter it, to the extent that before the flow stopped, it became a Dah-Dardah then that water is regarded as being pure. If it remained less than a Dah-Dardah with the rainwater then after it rained again it became a Dah-Dardah then all of the water will be regarded as being impure. However, if it becomes completely full and flows over then it will become pure even if it flowed over for a distance of 1 or 2 hand lengths. 

Law: Impurity fell into the water of a Dah-Dardah and thereafter, the water of the Dah-Dardah became less then it is still regarded as being pure. However, if the impurity is still in it and is visible then it will be regarded as being impure. Now, until such time that it does not become full and flow, it will not be regarded as being pure. 

Law: A ‘Small Pond’ becomes impure. Thereafter, its water spread out and it became a Dah-Dardah. In this case it will still be regarded as being impure. However, if pure water causes it to flow away then it will become pure. 

Law: There are some ponds that are narrow at the top and broad at the bottom. In other words it is not a Dah-Dardah at the top but it is either a Dah-Dardah or more than a Dah-Dardah at the bottom. If a pond of this nature is brimful and impurity pollutes it, it is regarded as being impure. Now, if its water becomes less and it becomes a Dah-Dardah then it will be regarded as being pure. 

Law: The water inside a Huqqa (Mogul Pipe), i.e. the water inside the base of a Huqqa, is regarded as being Paak (pure). Even if there is a change in its colour, smell or taste it is still permissible to perform Wudu with it. If sufficient is available, tayammum is not permissible whilst this water is present. That water which drips from the body after Wudu and Ghusl is pure but Wudu or Ghusl with it is not permissible. Similarly, if the hand, finger or complete finger nail or any other part of a limb that needs to be washed in Wudu, is dipped into water less than a Dah-Dardah with or without intent then that water is not suitable for Wudu or Ghusl. Similarly if any unwashed part of the body of a person who is in need of a Fard Ghusl touches the water then that water is no longer suitable for Wudu and Ghusl. If a washed portion of the hand or another part of the body touches it then there is no harm. 

Law: If the hand (of a Junubi) was already washed and he puts the hand into the water again with the intention of washing it and this washing it is for the purpose of attaining thawaab (blessings), such as; for eating or for Wudu then this water is regarded as being ‘Musta’mal’ (i.e. water which has been used). In other words, it is no more suitable for Wudu and to drink this water is also Makruh

Law: If he put his hand into the water due to absolute necessity, such as if the water is in a huge vessel and he is not strong enough to tilt it to pour out the water and a smaller vessel is not available which he can use to take some water then in such a situation he is permitted to put only that portion of the hand into the water which is necessary, so that he may scoop out some water. A similar situation is if the bucket and rope of a well have fallen inside and there is no other way of getting it out except by climbing into the well and he does not have any other water with which to wash his hands or feet before climbing in, then in such case if he puts in his feet and uses it to pull out the bucket and the rope, it will not cause the water to be regarded as ‘Musta’mal’. Very few people are aware of these laws. We should thus pay attention to them. 

Law: If Musta’mal water mixes with good water, such as in the case when drops fall into the jug or into the bucket then if the good water is more it will be still suitable for Wudu and Ghusl; otherwise all will be regarded as being unsuitable. 

Law: If ones hand went into the water or if it somehow became Musta’mal and one intends to do something to make the water suitable for use then one should pour into it, good water which is more than it. Another way of doing this is to pour in water from one side of the vessel so that water overflows from the other side of the vessel. In this case, all the water will be suitable for use. Similarly, impure water can be purified in this manner. Similarly every such thing which has the after being caused to overflow by adding more of it or by adding in water thereby causing it to overflow. 

Law: Water that is squeezed out of any tree or fruit, such as the water from a banana, grapes, pomegranate or sugar cane juice is not permissible for Wudu 

Law: That water which has been heated by the sun in a hot country, in a vessel made from any metal other than gold or silver should not be used for Wudu or Ghusl as long as the water is still hot. One should also abstain from drinking this water. Actually it should not be used for anything to do with the body, to the extent that even if clothing becomes wet with this water, one should abstain from wearing it until such time that it does not become cold because there is a danger of getting leucoderma by using this water. However, if one does use it for Wudu or Ghusl, the Wudu and Ghusl will be regarded as being valid. 

Law: If there is water present in small pits and one is not aware of any impurity polluting it then Wudu with this water is permissible. 

Law: The (khabar) information given by a kaafir in regards to any water being Paak (pure) or Na-Paak (impure) will not be given any credence. It will be regarded as being pure in both conditions because the actual nature of water is pure. 

Law: The water which a Na-Baaligh (child who has not reached puberty) has filled is regarded as his property, in the light of Shariah and can thus not be used to drink, make Wudu or Ghusl or for any other purpose. In other words, this water is not permissible to be used by anyone except his parents and for his employer even if he permits them its use. If one performed Wudu using this water, the ability to flow (i.e. has liquidity) becomes pure Wudu will be valid but one will be regarded as being sinful (for using it). This should be a lesson to the Muálimeen (Teachers) who generally ask Na-Baaligh children to fill water for them which they in-turn use for their own needs. Similarly, it is Haraam to even use water filled by one who is Baaligh (i.e. one who has reached puberty) without his permission. 

Law: It is not permissible for one to use any water if its colour, smell or taste has been altered due to any impurity. It is also impermissible to feed this water to animals as well. It can be used for making mud etc. but it is impermissible to use this mud on the walls etc. of the Musjid.

Discussion Regarding the Water of a Well 

Law: If human or animal urine, blood (which can flow), toddy, date liquor or even a single drop of any other alcohol pollutes a well, all the water of the well must be removed. The same ruling applies if an impure piece of stick, clothing soiled with impurity or any other impure (Najis) thing falls into the water. 

Law: The water in a well will be rendered impure (Na Paak) if polluted by the urine or faeces of animals that are not suitable for consumption. Similarly, the water in a well will be rendered impure if polluted by the droppings of a hen or duck. In all such cases, all the water in the well must be removed. 

Law: Even though the droppings of sheep, goats, camels, cow dung, the dung of a horse and donkey are regarded as impure but on the basis of necessity, if a very small amount of this falls into a well, it will be excused and the command to render it impure will not be given. Similarly if the droppings of Halaal birds such as pigeons and sparrows or the droppings of birds of prey such as eagles, falcons or hawks fall into the water of a well it will not render the water impure. Similarly the urine of rats and bats will not render the water impure. 

Law: It (the well water) will not be rendered impure if a very small droplet of urine, like the amount resembling the tip of a needle or an impure speck of dust falls into it. 

Law: Even if a single drop of water from an impure well falls into a pure well, it will render all the water therein impure. The ruling in regards to both will thus be the same. Similarly, if one puts the bucket, rope or earthen pot polluted by water from an impure well into a pure well it will render all its water impure. If a human, a goat, a dog or any other ‘Damawi’(A ‘Damawi’ animal refers to an animal in which blood flows) animal equivalent or larger in size falls into a well and dies, all the water in the well must be removed. 

Law: If any Damawi animal, such as a rooster, hen, cat, rat or lizard etc. dies or swells and disintegrates in the water all the water must be removed. 

Law: If any of the above died outside the well and then fell in, the ruling will still remain the same. 

Law: It the severed tale of a lizard or rat falls into a well then all the well water must be removed. This applies even if it did not swell or disintegrate. However, if there was some wax etc. stuck to the root (end) of the tail when it fell in then only 20 buckets of water will be removed. 

Law: If a cat pounced upon and injured it but the rat managed to get free and fell into the well then in this case all the water will be removed. 

Law: If a Damawi animal such as a rat, mole, sparrow, lizard, chameleon or any animal equal in size or smaller than it falls in and dies then 20 to 30 buckets of water will be removed. 

Law: If a pigeon, hen or cat dies after falling into a well, 40 to 60 buckets of water will need to be removed. 

Law: The ruling in regards to a human child is the same which applies to an adult human and the ruling in regards to a baby goat is the same as which applies to a goat. 

Law: The ruling with regards to an animal smaller than a pigeon is that which applies in the case of a rat and the ruling in regards to an animal smaller than a goat is that which applies to a hen. 

Law: If 2 rats die after falling into a well then 20 to 30 buckets of water must be removed. If 3, 4 or 5 rats fall in and die then 40 to 60 buckets of water will be removed and if 6 rats fall in and die then all the water must be removed. 

Law: If 2 cats die after falling into a well, all the water must be removed. 

Law: If the body of a deceased Muslim falls into a well after Ghusl, then in reality there is no need to remove any water. If a Shaheed (martyr) on whose body there are no traces of blood falls into a well, no water will be removed and if there were traces of blood on the body which did not have the ability to flow then in this case as well, no water will be removed even if this blood from the body washed away with the water and mixed in the water. If blood which has the ability to flow is evident on the body of a Shaheed but has become dry and separated from his body before he fell in, the water will still be regarded as being pure. The reason for this is that for as long as the blood of a Shaheed remains on his body, no matter how much it may be, it is regarded as being ‘Paak’ (pure). However, if this blood separates from his body and falls into the water then the water will now be regarded as impure.(In other words, this is in the case where only the blood falls into the water and not in the case where the martyr falls in with blood on his body).

 Law: If a dead kaafir falls into a well even if he has been washed a hundred times or even if his finger or finger nail enters the water, the water will become Najis (impure) and all the water must be removed. 

Law: If a miscarried or a stillborn child falls into a well; all the water will be removed even if the baby was given a bath before falling in. 

Law: If a person who is in need of making Wudu or one in need of making Ghusl enters into the well without a valid reason and there is no impurity on his body then 20 buckets of water must be removed. However, if he climbed in to retrieve the bucket then no water needs to be removed. 

Law: If a pig falls into the water, all the water has become impure and must be removed. This ruling applies even if the pig just falls in and does not die. 

Law: With the exception of a pig, if any other animal falls into the water and came out alive and there are no definite traces of impurity on its body and its mouth did not touch the water then this water will be regarded as being pure. It is permissible to use this water but as a precautionary measure it is better to remove 20 buckets of water. However, if one is definite that there was some impurity on the body of the animal then all the water must be removed. If its mouth touched the water then the ruling which applies to its saliva and ‘jhuta’ (leftover) also applies in this case. If it’s ‘jhuta’ is impure or ‘Mashkuk’ (doubtful) then all the water must be removed and if its ‘jhuta’ (leftover) is Makruh then in the case of rats etc. 20 buckets should be removed, in the case of free range poultry 40 buckets must be removed and it is better for 20 buckets of water to be removed in the case of those animals whose ‘jhuta’ is regarded as Paak (pure). For example, if a goat falls into a well and then comes out alive, 20 buckets of water should be removed. 

Law: If an animal whose ‘jhuta’ is pure or Makruh fell into the well and one used this water to perform Wudu without removing any water, the Wudu will still be valid. 

Law: If a shoe or ball fell into a well and one is sure that it was impure, all the water must be removed, otherwise 20 buckets must be removed. The mere assumption of it being impure is not reliable. 

Law: It an aquatic creature, i.e. an animal that is born in water, dies in a well or after dying falls into the well, it will not make the well impure even if it swells up and disintegrates in the water. However, it is Haraam to drink that water if it disintegrated and its parts mixed in the water. 

Law: The ruling regarding a frog that lives in water and one which lives on land is the same. In other words, even after it dies and even decays, it will not cause the water to become impure except for the huge frogs which are found in the jungles and have blood which has the ability to flow in them. The ruling in their regards is that which is applicable to rats. The frogs that live in water have webbed feet whilst the ones that live only on land don’t. 

Law: If a creature which is not born in water but lives in water, such as a duck or goose dies in the water, the water will become impure. 

Law: If a child or a kaafir put their hand into the water and it is known that their hands had impurity on it then it is obvious that the water will be regarded as being impure, otherwise it will not be regarded as being impure but it is better to use some other water for Wudu

Law: If those creatures which do not have flowing blood in them, such as flies and mosquitoes etc. die in it, it will not make the water impure. 

Beneficial Note: If a fly falls into curry etc. dip it in and then throw it away and make use of the curry. (In other words there is no harm is such food. The reason for this is because the fly carries illness on one wing whilst the Shifa for it is on the other wing and it always falls in on the wing which carries illness, so by dipping it in the wing which has Shifa will remove any illness, leaving the food safe to consume).

Law: If the bones of a carrion (dead animal) which has some flesh or sliminess on it falls into the water, the water will be regarded as being impure and all the water should thus be removed. If it did not have any flesh or sliminess on it, the water will be pure. However, the water will become totally impure if contaminated by the bone of a pig (swine). 

Law: If water in a well has become impure and the amount of water which needed to be removed was correctly removed, then its rope and bucket with which the water was removed will also be regarded as purified and there will be no need to even re-wash these. 

Law: When it is said that all the water must be removed, it means that it should be removed to an extent that if the bucket is put into the well after the removal of the water then even half a bucket of water should not be available. There is neither any need to remove the sand from inside the well and nor is there any need to wash the inner walls of the well, as it will be regarded as being purified. 

Law: The command that has been decreed regarding removing such and such an amount of water actually means that the impure thing which has fallen into the water should first be removed. Thereafter, the necessary amount of water should be removed. If the impure thing is still in the water, no matter how much water one takes out it will be in vain. 

Law: However, if that thing (which has fallen) in, has decayed and turned into sand or if it was something that was not by itself impure but became impure because of being soiled by an impurity, such as in the case of clothing etc. then if removing such things is not possible then simply removing the stipulated amount of water will allow it to be purified. 

Law: There is no stipulation in regards to the size of the bucket to be used in the well. The bucket that is fixed for that particular well is the bucket that will be the correct one. If there is no fixed bucket that is used at a particular well then it should be of a size that can hold at least 1 ‘Sa’ of water. 

Law: It is not necessary for the bucket to be filled to the brim. If some water spilled out or dripped out but the amount of water in the bucket exceeds half a bucket, it will be counted as 1 bucket. 

Law: If there is a fixed bucket for a well but another bucket was used and it is either bigger or smaller than the fixed bucket for that well or if there is no fixed bucket for that particular well and the bucket that was used can hold more or less 1 ‘Sa’ of water then in such cases, one should calculate and drain out water based on the equivalent size of the fixed bucket or equal to 1 ‘Sa’ per bucket. 

Law: If a dead animal was taken out of a well and if the time of death is known then the water will be regarded as being impure from the time of death of the animal. If anyone performed Wudu or Ghusl with this water after that time neither is the Wudu nor their Ghusl valid and he will have to repeat all those Namaaz which he read with either that Wudu or Ghusl, because none of those Namaaz will be regarded as being completed. Similarly, if that water was used to wash any clothing or it came into contact with his body or clothing through some other way then it is necessary for him to purify those clothes and his body. It is Fard upon him to repeat all the Namaaz which he performed whilst wearing those clothes. If the time of death is not known then it will be regarded as being impure from the moment it was discovered even though it swelled and disintegrated. The water will not be regarded as being impure before this. There is no harm to the Wudu, Ghusl or Namaaz which he performed before it was seen. There is also no harm in regards to clothes that were washed with this water before it was seen. On the basis of ease, our practice is accordingly. 

Law: If there is such a well that its water does not completely drain out, no matter how much water you drain and some impurity has fallen in or an animal has fallen in, necessitating all its water to be drained out then in such a situation, the ruling is that one should enquire as to how much water it contains and that entire amount of water should be removed. The amount of water that seeps in will not be accounted for whilst the other water is being removed. The manner of finding out how much water the well contains at that time should be done by enquiring in this regard from two pious Muslims who have the knowledge of telling how much of water it holds by looking at the breadth and depth of the water. The amount of buckets that should be drained out will thus be based on the amount of buckets they agree upon. The second method is to correctly measure the depth by means of a long pole or rope and a few people should quickly get together and for example, remove 100 buckets of water and then measure the depth again. The water should now be drained out on the basis of the amount of water that has become less. The well will then be regarded as being purified. An example to better understand this situation is as follows: When measuring it for the first time, one noticed that the water is about 10 arm lengths in depth then after draining the water one noticed that the remaining depth is now 9 arm lengths. This would mean that in removing 100 buckets, the water level dropped by an arm’s length, so the 10 arm lengths of water equals 1000 buckets (This is only an example that is being given for understanding purposes. It does not mean that in every such well, one has to drain out 1000 buckets of water. This has been presented to help estimate how much water one will remove in the said situation).

Law: In the case of a well wherein the water can be completely drained and it will finally come to an end but there is a danger of the well collapsing or being badly damaged then in this case as well, one should remove the amount of water that the well is currently holding. There is no need to drain out every bit that is coming in. 

Law: One has the choice of either draining out all the water that needs to be drained out at once or a little at a time. It will be regarded as being purified in both cases. 

Law: If a fresh egg of a hen which also has some wetness on it, falls into the water, it will not make the water impure. Similarly if a baby goat fell into the water immediately after birth and did not die, the water will not be regarded as being impure.

The Leftovers of Humans and Animals 

Law: The leftovers ‘Jhuta’ of a human-being is regarded as pure; be it of one who is in the state of impurity, be it that of a female who is menstruating or bleeding after childbirth (postnatal bleeding). Even the leftover of an unbeliever is regarded as pure but to abstain from it is better, just as is the case with saliva, nasal mucus and phlegm which is regarded as pure but people are offended by this. The leftover of an unbeliever should be viewed with more dislike. 

Law: If the mouth of a person bled to the extent that it caused the saliva to become reddish in colour and he then immediately drank water then his leftover water from this will be regarded as being impure. It is necessary upon him to thoroughly rinse the mouth and cleanse it once the reddish colour subsides. If he did not rinse the mouth but the saliva circulated a few times over the area polluted by the impurity and no traces of the impurity are evident due to either swallowing the circulated saliva or spitting it out, then the mouth will be regarded as being purified. If one drinks water thereafter, the water will be regarded as being pure. However, it must be noted to swallow the saliva in the said situation is extremely impure and is regarded as a sinful act. 

Law: (Allah Forbid) If a person consumed alcohol and then immediately drank water, the water has become Najis (impure) and if he waited for a duration whereby the traces of the alcohol mix with the saliva and go down the throat then it is not regarded as being impure but one must take precaution to stay away from alcohol and from its leftovers (i.e. anything contaminated by it). 

Law: If the moustache of a person who consumes alcohol is big and alcohol gets onto it then as long as it is not cleansed, it will cause the water which he drinks and the vessel used for drinking to become contaminated (i.e. impure). 

Law: For a male to partake in the leftovers of a strange female (Ghair mahram) and for a female to partake in the leftovers of strange male knowing that it is the leftover of a particular person and to partake in it to attain pleasure is Makruh. If one does not know whose leftovers they are and one partakes in it without the intention of attaining such pleasure then to do so is not objectionable. Actually in certain circumstances it is regarded as being a virtuous act, such as by partaking in the leftovers of an Aalim who acts in accordance with the Shariah or the leftovers of a truly religious ‘Peer’ (Spiritual Guide) because people partake in this regarding it as ‘Tabarruk’ (being sacred). 

Law: The leftovers of animals which are suitable for consumption is regarded as being pure; be (it the leftovers of) quadruped animals or birds even if they are male. Examples of such animals are cows, oxen, buffalo, goats, pigeons and partridges etc. 

Law: The leftovers of a free-range chicken which roams around freely putting its beak into filth is Makruh. If it is kept caged or enclosed, its leftover is pure. 

Law: Similarly, the leftovers of certain cows which are in the habit of eating filth is also Makruh. If it had just eaten some impurity and thereafter there is no sign that it did anything that allowed its mouth to be cleansed (such as by drinking from flowing water or by drinking from 3 different places in stagnant water) and it puts its mouth into any other water in this condition, the water will be regarded as being impure. Similarly if an ox, buffalo or goat (i.e. the males) as per habit sniffed the urine of the female, then this caused the mouth to become impure and neither did it go out of sight nor did such an amount of time pass by in which its mouth could have been cleansed then their leftovers are impure. If such an animal puts its mouth into 4 different waters, the initial 3 will be regarded as being impure and the 4th will be regarded as pure. 

Law: The leftovers of a horse are regarded as being pure. 

Law: The leftovers of a pig, dog, lion, cheetah, wolf, elephant and jackal and all other beasts of prey are regarded as being impure. 

Law: If a dog put its mouth into a vessel and if the said vessel is made from porcelain, metal, if it is earthen ware which is oily or used and fatty it will become purified if washed thoroughly thrice, otherwise only if it has been dried each time. However, if the porcelain has a hairline crack or if a vessel has a fracture in it then it will only be regarded as being purified if it is dried thrice. It will not be regarded purified by only washing it thrice. 

Law: If a dog licked the outside of an earthen pot then the water inside will not be regarded as being impure. 

Law: The leftover of birds of prey, such as that of the Hawk, Falcon, female hawk and Eagle are regarded as Makruh. The same ruling applies to the leftover of the crow. If the birds of prey have been kept and trained for hunting and there is no sign of any impurity on their beaks then their leftovers are regarded as being pure. 

Law: If a cat starts to lick ones hand, one should immediately pull the hand away. It is Makruh to allow the cat to continue licking ones hand. One should immediately wash the hand. If one read Namaaz without washing the hand then the Namaaz will be regarded as being valid but it is ‘Khilaaf-e-Ulaa’ (contrary to what is best). 

Law: If a cat ate a rat and then immediately put its mouth into a vessel then it has become impure but if it licked its mouth clean with its tongue leaving no apparent signs of blood then it is not regarded as impure. 

Law: The leftovers of animals which live in water are regarded as being pure whether they are born in water or not. 

Law: The leftovers of a donkey and a mule are ‘Mashkuk’ ‘doubtful’. In other words there is a doubt in regards to whether it is suitable for Wudu and Ghusl or not. Thus, it cannot be used for Wudu because the definite necessity for ablution will not end by the use of water which is doubtful. 

Law: Wudu and Ghusl is permissible with that leftover water which is regarded as being pure. However, if a Junub (one in need of compulsory bath) drinks water without rinsing his mouth then Wudu with that leftover water is not permissible because such water is now regarded as being ‘Musta’mal’ (used water). 

Law: It is Makruh to use Makruh water to perform Wudu or Ghusl when good water is available. If good water is unavailable then there is no harm in using the Makruh water. Similarly, it is Makruh for a wealthy person to eat or drink leftovers that are Makruh to eat or drink. There is no offence in a poor or needy person eating or drinking this. 

Law: It is impermissible to use doubtful water to perform Wudu and Ghusl when good water is available. If there is no good water available then one may use it to perform Wudu and Ghusl but tayammum (dry ablution) must also be performed in this case. It is better to perform Wudu first and then tayammum but if one did the opposite, i.e. he made tayammum first and then performed Wudu, there is still no harm in this. In this situation it is necessary to make intention for Wudu and Ghusl. If one made Wudu and did not make tayammum or if he made tayammum and did not make Wudu then the Namaaz will not be valid. 

Law: One should not eat or drink doubtful leftovers. 

Law: If doubtful water becomes mixed up in good water, then if the good water is more, it can be used for Wudu, otherwise not. 

Law: The sweat and saliva of animals whose leftover is impure is also regarded as being impure, and if its leftover is pure, then its sweat and saliva is also regarded as pure. The sweat and saliva of an animal whose leftover is Makruh, is also regarded as Makruh

Law: If the saliva or sweat soils the clothing, the clothing will be regarded as being pure, regardless of the quantity.

Reference:  https://yaqoobmadani.files.wordpress.com/2015/02/engbahareshariat-vol2taharat.pdf


Those who grasped a firm handhold - Quran Chapter 2- 256b & 257 (Pt-3, Stg-1) (L-328) - درس قرآن

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