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