Tuesday, July 19, 2016

Chapter 5 Masah On The Khufain (Leather Socks) - Bahar E Shariat – Vol 2 – Purification – Taharat

Chapter 5 Masah On The Khufain (Leather Socks)

Bahar E Shariat – Vol 2 – Purification – Taharat

Hadith 1: Imam Ahmed and Abu Dawud reported from Mughira (May Allah Almighty be pleased with him) wherein he says that Rasoolullaah (grace, glory, blessings and peace be upon Him) performed masah on the leather sock, so I said, ‘Ya Rasool’Allah ; Huzoor has not remembered!’ Huzoor  said, ‘Actually, it is you who has forgotten. It is this which my Creator  has commanded.’ 

Hadith 2: Darqutni has reported from Abu Bakr (May Allah Almighty be pleased with him) that Rasoolullaah (grace, glory, blessings and peace be upon Him)  permitted a Musafir (traveller) to perform masah on the leather sock for 3 days and 3 nights and he has permitted this to a Muqeem (resident) for 1 day and 1 night on condition that he wears it with Tahaarat (purification). 

Hadith 3: Tirmizi and Nasa’i reported on the authority of Safwaan bin As’sal (May Allah Almighty be pleased with him) (who says), ‘Whilst we were travelling, Rasoolullaah (grace, glory, blessings and peace be upon Him)  would command us not to remove our leather socks for 3 days and 3 nights; except in the case of Janaabat and not after passing urine, stool or falling asleep.’ 

Hadith 4: Abu Dawud reported that Hazrat Ali (May Allah Almighty be pleased with him) said, ‘If Deen would have been based on our own analysis then the masah of the sole of the leather sock would be better compared to the top.’ 

Hadith 5: Abu Dawud and Tirmizi have reported that Mughira bin Shu’ba (May Allah Almighty be pleased with him) says, ‘I saw Rasoolullaah (grace, glory, blessings and peace be upon Him)  performing masah on the upper part (i.e. top) of the leather socks.’

Laws of Jurisprudence Regarding Masah on the Leather Sock 

If one who is wearing ‘Khuf’ ‘leather sock’ makes masah on it instead of washing the feet then it is permissible. It is however better to wash the feet, provided that one regards Masah as being legitimate. Many Ahadith have been related in regards to its permissibility which are almost at the level of ‘Tawatur’ (uninterrupted successive narration). It is for this reason that Imam Karghi RanatUllaah 'laih has mentioned that there is risk of the person who does not accept its permissibility becoming an unbeliever. Imam Sheikh-ul-Islam says, ‘One who does not accept it as being permissible, is misguided.’ Our Imam Azam (May Allah Almighty be pleased with him) was asked in regards to the characteristic of the Ahl-e-Sunnat Wa Jama’at and he said?  "In other words, ‘To regard Ameer ul Momineen Hazrat Abu Bakr Siddique and Ameer ul Momineen ‘Hazrat Farooq-e-Azam (May Allah Almighty be pleased with them) as being more exalted than all the other Sahaba and to have love for Ameer ul Momineen Hazrat Uthman-e-Ghani and Ameer ul Momineen Hazrat Maula Ali-eMurtuza (May Allah Almighty be pleased with them) and to make Masah on the leather socks.’ 

The reason why Imam Abu Hanifa (May Allah Almighty be pleased with him) stipulated particularly these 3 characteristics was because he lived in Kufa and there was a majority of raafdis there, so he mentioned these characteristics as a manner of refuting them. 

This narration does not however mean that simply possessing these characteristics are sufficient to be regarded as a ‘Sunni’. Characteristics are found in a thing. The thing is however not necessary for the characteristic. 

An example of this is which has been mentioned in the Hadith of Sahih Bukhari Shareef in regards to the characteristic of the wahabiya, wherein in it mentioned: ‘Shaving their heads is one of their traits’ This however, does not mean that merely a shaven head is sufficient to categorise someone as a Wahhabi. 

Hazrat Imam Ahmed ibn Hambal (May Allah Almighty be pleased with him) says, ‘I have no apprehension in regards to its permissibility (i.e. permissibility of masah on the leather socks) for I have received numerous Hadith in this regard on the authority of 40 Sahaba-e-Kiraam.’ 

Law: Performing masah on leather socks is not permissible for one upon whom Ghusl is Fard. 

Law: Even females are allowed to perform masah on leather socks. There are certain conditions for permissibility of Masah on the Leather socks. They are: 

1. The socks should cover the ankles (i.e. it should cover the entire foot up-to the ankles). There is no need for it to exceed this stipulation. If it is one or two fingers shorter than this, masah will still be regarded as permissible; on condition that the heel is not open (i.e. the heel should not be visible). 

2. It should cling to the feet (i.e. it should fit tightly), allowing one to walk continuously properly. 

3. It should be made from leather or at least the sole should be made from leather and the rest of it can be made from any other thick layered material etc. 

Law: Masah on cotton or woollen socks etc. which are generally worn in India (and almost everywhere else today), is impermissible. It is Fard to remove them and wash the feet. 

4. It should be worn after performing Wudu. In other words from after wearing it till before anything which nullifies Wudu occurred, it should be such a time that in that particular time one is in the state of Wudu be this by wearing it after performing the complete Wudu or if one wore it after only washing the feet and then later completed the Wudu. 

Law: If one wore the leather socks after washing the feet and he had washed his face and hands and made masah of the head before anything which nullifies the Wudu occurred then too masah in this way is regarded as being permissible. If a person only washed his feet and put on the leather socks and thereafter did not perform the complete Wudu then masah will now not be permissible when making Wudu (i.e. he will have to wash the feet by removing the leather socks in this case). 

Law: If a person wore the leather socks without performing Wudu and then walked into water, thereby causing the feet to be washed then in this case if he washes the remaining parts that have to be washed in Wudu and makes masah of the head, then masah is permissible or else it is not. 

Law: If a person performed Wudu and then wore the leather sock on only one foot, not wearing the other one and that which nullifies the Wudu occurred then in such a case, masah on even that one sock is not permissible. It is Fard to wash both the feet (in Wudu). 

Law: If one wore the leather socks after performing tayammum, masah on them is not permissible.

 Law: For a Ma’zoor (A Ma’zoor is one who is excused due to an illness etc., on the basis of a valid reason in the Shariat. In Shariah terminology, a Ma’zoor is basically a person suffering chronic annulment of Wudu. The name given to this chronic annulment of Wudu in the Shariah terminology is ‘Uzr’. Further explanation will follow in the detailed discussion regarding a Ma’zoor) , masah on the leather sock is only permissible during the one time (of Namaaz) in which he wore it. However, if the ‘Uzr’ (reason which excuses him) ceases to exist after he wore it and before any Hadath (occurrence which nullifies Wudu) then in this case the duration for him is the same which applies to a normal healthy person. 

5. Neither was it worn in the state of Janaabat nor did he become Junub after wearing it. 

Law: If a Junub performed tayammum for Janaabat and then performed Wudu and wore the leather socks, he is permitted to perform masah on the leather socks except if the tayammum for Janaabat is nullified then in this case the masah will not be permissible. 

Law: If a Junub performed Ghusl but a portion of the body remained dry but he wore the leather socks and then washed that area before any Hadath then the masah is permissible. If the part which was left unwashed, was from the limbs of Wudu, and if Hadath occurred before it was washed then the masah is in this case is impermissible. 

6. It should be worn only within the stipulated duration. The duration for a Muqeem (resident) is 1 day and 1 night and the duration fixed for a Musafir (traveller) is 3 days and 3 nights. 

Law: The first time that one had any Hadath (i.e. from the first time the Wudu breaks) after wearing the leather socks will be counted as the start time of the stipulated duration for that person. For example, if one wore the leather socks in the morning and the first Hadath occurred at the time of Zuhr then in this case a Muqeem may perform masah on the leather socks until the Zuhr of the following day and the Musafir will make masah until Zuhr of the fourth day.

Law: If a Muqeem wore the leather socks and the duration of 1 day and 1 night had not as yet expired and he embarked on a journey then in this case he is permitted to make masah on the leathers socks for a further 3 days and 3 nights from after the first time he has any Hadath. If a Musafir decided to stay at any place (whereby removing him from the ruling of a Musafir) then in such a case if the duration for which he has been wearing the leather socks exceeds 1 day and 1 night then the masah will be nullified and to wash the feet in Wudu will now be Fard. If he was in Namaaz (when the time expired) then the Namaaz will be regarded as being invalid. If the 24 hour period has not been completed then he may complete this duration. 

7. No sock should be torn equivalent to the size of 3 little toes space (i.e. little toe times three). In other words when walking 3 toes space of the body should not be visible. If the sock is torn equivalent to the size of 3 toes space but an area of the body which is less than 3 toes space is visible then the masah will be permissible. If both the leather socks are torn less than 3 toes space each and together they make up the area of 3 toes space or more then too one is allowed to make masah. The same ruling applies if the seam opens up, in other words, if each is opened less than 3 toes space it is permissible to make masah on it otherwise not. 

Law: If the leather sock has torn or the sutures have come loose and wearing it in this manner does not show 3 toes of the foot but when one walks then 3 toes are visible, so in such a case masah on it is impermissible. 

 Law: If it tore in such a place or the sutures opened in such a place that the actual toes are visible then in this case the size of the toes will not be considered, as long as 3 toes are visible (i.e. the ruling will apply). 

Law: If the sock has numerous holes on it in different places and the size of each hole is such that a ‘sawtali’ (i.e. instrument used to make holes in leather) can go through it and the size of all the holes together is less than 3 toes space, then in such a case masah is permissible otherwise not. 

Law: It does not matter if the leather sock is torn above the ankle, no matter the size of the tear. 

Method of Performing Masah on Leather Socks 

1. The 3 fingers of the right hand should be placed on the tip of the back (i.e. top) of the right foot and the 3 fingers of the left hand should be placed on the tip of the back of the left foot. 

2. Then pull the fingers towards the shin for at least a 3 finger distance. It is however Sunnat to pull the fingers up-to the shin. 

Law: It is necessary for the fingers to be wet. It is permissible to make masah using the wetness (moistness) that exists after washing the hands. If one made masah of the head and there is still wetness on the hands then this is not sufficient. One should wet the hands with fresh water. There is no objection even if a small portion of the palm is also included. 

Law: There are 2 Fard actions in Masah of the leather socks: 

1 st Fard: The masah of each leather sock should be equal to at least the area of 3 small fingers of the hand.

2 nd Fard: The masah should be done on the back (i.e. top) of the leather sock. 

Law: If one masah of one sock equals to 2 fingers and the masah of the other sock equal to 4 fingers then in this case the masah is not valid. 

Law: If one made masah on the sole, sides, ankle area, shin area or heel of the sock, then the masah will be invalid. 

Law: It is Sunnat to make masah using the stomachs of the entire 3 fingers; to pull the fingers up to the shin and to keep the fingers spread apart. 

Law: If one made masah using the back of the fingers, if one pulled the fingers from the direction of the shin towards the toes, made masah of the breadth of the sock, kept the fingers together or made masah with the palms then in all these cases the masah will be regarded as being valid but contrary to the Sunnat. 

Law: If a person made masah with one finger thrice, wetting the finger with fresh water each time, making masah in 3 places, it will still be regarded as being valid. He has however not fulfilled the Sunnat in doing this. However, if he made masah on the same spot (i.e. same place) all 3 times or if he did not wet the finger each time; the masah will be regarded as being invalid. 

Law: If one made masah using only the tips of the fingers and if the tips had sufficient water on them that constantly dripped over the fingers then the masah will be valid, otherwise not. 

Law: If there is an empty space close to the tip of the sock on which there is no part of the feet then if one makes masah of this empty spot the masah will not be valid and if one got the fingers to reach there freely and then made the masah, then it is valid but if the foot moves from there then the masah will immediately be nullified. 

Law: In masah neither is the Niyyat (intention) Sunnat and nor is it Sunnat to perform the action thrice. It is sufficient to perform the action just once. 

Law: If one is wearing a normal sock over the Khuf and he performs masah on the normal sock then in this case if the wetness reaches the leather sock then the masah will be valid, otherwise not. 

Law: If one wore a leather sock and walked in dew, or if water fell on the leather sock or drops of rain fell on it and the area on which masah is performed becomes wet equal to 3 fingers space, then the masah will be regarded as valid and there is even no need to run the hands over this area. 

Law: Masah is permissible on the English boot and shoe (i.e. the modern day shoe or boot) on condition that it covers the ankles. Masah is not permissible on the turban, Burqah, Niqab or hand gloves.

Things That Nullify Masah on The Khufain 

Law: Those things which nullify Wudu also nullify the Masah. 

Law: Once the stipulated duration has expired, the Masah becomes nullified and in this situation, to just wash the feet is sufficient. There is no need to repeat the entire Wudu. However, it is better to repeat the entire Wudu. 

Law: If the stipulated duration for the Masah expires and one strongly believes that by removing the leather socks, his feet will perish (i.e. he may lose his feet) due to the intense cold then in such a condition he should not remove them and he should perform complete masah of the entire leather socks right upto the ankles, not leaving any area without making masah on it (i.e. he should make masah on the soles, top, sides and heels of the leather sock). 

Law: Removing the leather socks will cause the masah to be nullified even if only one foot is removed. Similarly, if even one foot comes out more than half way from the leather sock then the masah will be nullified. In regards to removing the sock or in the case of most of the foot coming out of the sock, refers to the part of the foot between the ankles to the tips of the toes. The shin is not counted. In both such conditions it is Fard to wash the feet. 

Law: If the leather sock is so loose that in walking, the heel comes out of the sock then in this case the masah will not be regarded as invalid but if it the heel is taken out of the sock with the intention of removing it then the masah will be nullified. 

Law: If one walked into the water wearing leather socks causing more than half of one foot to be washed or if water entered the leather sock by some other means and more than half of the foot was washed by this then the masah will be nullified. 

Law: If one made masah on normal socks (worn over the leather sock) in a manner whereby the wetness reached the leather socks then in this case removing the normal socks will not nullify the masah.

Masah over the Bandage and Splints 

Law: If the parts that need to be washed in Wudu fracture or if it has an abscess or is inflicted by some other illness and passing water over it causes one harm or immense pain then to pass wet hands over that area is sufficient. If this causes harm as well then one should place a cloth over the area and make masah over the cloth. If this is harmful as well then it is excused. If some medicine has been filled into it then there is no need to remove this medicine. To pass water over it is sufficient. 

Law: If one has tied a bandage over a sore, a wound or over an area on which phlebotomy was performed and to open it and pass water over it, or making masah on that area, or opening the bandage will cause harm, or if there is none who can open or tie it then in such a case one should make masah on the bandage. If there is no harm in opening the bandage to make masah then to wash the said area is necessary. If one is able to perform the masah on that particular limb then masah on the bandage is impermissible. If there is no harm in passing water in the areas around the wound then these areas must be washed.   

If doing this causes harm then masah should be performed on these areas as well. If masah cannot be performed on these areas as well then masah should be made on the bandage. It is better to make masah over the entire bandage. It is however necessary to make masah on the greater portion of the bandage. To perform the masah just once is sufficient. There is no need to do it repeatedly. If one is not able to make masah on the bandage as well then leave it without doing anything. When one reaches a comfort level where making masah on the bandage will not cause any harm then immediately perform masah on the bandage. In one recovers to the extent where one is able to pass water over the bandage without causing any harm then one should do this. Thereafter when one recovers to the level where one is able to perform masah on the actual limb without causing any harm then one should do this. When one recovers to the level where one is now able to pass water over the limb without causing any harm then one should do so. In other words, if one has the ability and control to do that which is greater and the more this ability increases then the more should one strive to fulfil the greater purpose. To be simply content with the lesser stipulation in this case is not permissible. 

Law: If a splint has to be tied due to a broken bone then the ruling is the same. 

Law: If the splint or bandage opens up and there is still the need to tie it again then there is no need to make masah again. The first masah is sufficient. If there is no need to have it re-tied then in this case the masah will be nullified. Now, if this area can be washed it should be washed otherwise masah should be made on the actual limb.

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


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