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Ritual Purification
  Al-Iqna' of Ibn al-Mundhir : Section Dealing With Ritual Purity
Author: The Imaam, Abu Bakr Muhammad bin Ibraaheem bin al
Article ID : IBD020001  [33824]  
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{2} At-Tirmidhee [no. 96], an-Nasaa`ee [1/83], ibn Maajah [no. 479], al-Bayhaqee [1/114], ad-Daaruqutnee [1/197], ibn Hibbaan [no. 1310], Ahmad [4/139], at-Tayaalisee [no. 1166], Abdur-Razzaaq [no. 793, 795], ibn Abee Shaybah [1/177] and others.
All of them, excepting ibn Maajah, have the additional wording "when on a journey."
{3} However some of the scholars hold that sleeping in a firm sitting position does not break the state of ablution. They quote as a proof for this the saheeh hadeeth of Abu Daawood [Eng. Trans. 1/49 no. 200] amongst others from Anas (RA) that the Companions of the Messenger of Allaah (sallallaahu `alaihi wasallam) used to wait for the night prayer [until they dozed], their heads nodding up and down. Then they offered the prayer without performing ablution." - An-Nawawee declared this to be the most authentic position of the Shaafi`ee madh-hab in 'Majmu`' [2/16]
-{Trans.}
{4} However the majority of the scholars outside of the Shaafi`ee madh-hab and many of the Shaafi`ee scholars hold that a man touching his wife does not obligate the ritual ablution. This is due to a number of evidences, from amongst them the hadeeth of Aa`ishah (RA) that "the Prophet (sallallaahu `alaihi wasallam) kissed some of his wives and then went to perform the prayer without performing ritual ablution." Reported by Abu Daawood [Eng. Trans. 1/43 no. 179] and others.
There is a great deal of difference concerning the authenticity of this hadeeth, however the strongest opinion seems to be that it is authentic. Refer to the extremely detailed analysis of this hadeeth in Mashur Hasan Salmaan, tahqeeq upon 'al-Khilaafiyyaat' of al-Bayhaqee [2/164-170].
Ibn Rushd quotes from ibn Abdul Barr concerning the above hadeeth, "the hadeeth has also been reported via the route of Ma`bad bin Nabaatah. Ash-Shaafi`ee said: if it is authentic then I do not hold that ritual ablution [is obligatory] from kissing or touching." - 'Bidaayatul Mujtahid' [1/29-30]
Ibn Hajr quotes from ash-Shaafi`ee that he said, "It is reported via Ma`bad bin Nabaatah from Muhammad bin `Amr bin `Ataa from Aa`ishah from the Prophet (sallallaahu `alaihi wasallam) that he used to kiss [them] and not perform ablution. I do not know the condition of Ma`bad. If he is trustworthy and precise then the proof lies with the saying of the Prophet (sallallaahu `alaihi wasallam) ." - 'Talkhees al-Habeer' [pg. 44]
An-Nawawee says in 'Majmu`' [2/34], "Our madh-hab is that the skin of a man meeting the skin of an ajnabee woman breaks the [state of ablution] regardless of whether it was with passion or otherwise."
The famous stance of the Hanbalee madh-hab is that if a man touches a woman with passion then his state of ablution is broken, otherwise it is not." - 'Al-Mughnee' [1/192].
This stance is also held by the Maalikees. - 'Al-Mudawwanah' [1/13].
The Hanafee stance is that a man touching a woman does not break the state of ablution. - 'Haashiyah ibn Aabideen' [1/147]
Shaykh Mashur determines that the strongest opinion is that a man touching a woman does not break the state of ablution. - tahqeeq to 'al-Khilaafiyyaat' [2/216-219]
- {Trans.}
{5} Abu Daawood [1/44 no. 184] narrates from Baraa` bin Aazib (RA) that the Messenger of Allaah (sallallaahu `alaihi wasallam) was asked about performing ablution after eating the flesh of the camel. He replied, 'perform ablution after eating it.' He was asked about performing ablution after eating mutton. He replied, 'do not perform ablution after eating it.' He was asked about performing prayer in the resting-places of camels. He replied, 'do not offer prayers in these places, they are the places of Shaytaan.' He was asked about performing prayers in sheepfolds. He replied, 'you may offer prayers there, they are the places of blessings.'
-{Trans}

CHAPTER TWO : Mention of What Obligates a Ritual Bath (Ghusl)

3. Ar-Rabee` narrated to us; ash-Shaafi`ee informed us; Maalik bin Hishaam informed us; from Hishaam; from his father; from Zaynab bint Abee Salamah; from Umm Salamah who said:

"Umm Sulaym, the wife of Abu Talhah, went to the Prophet (sallallaahu `alaihi wasallam) and said, 'O Messenger of Allaah! Allaah is not embarrased of the truth, does a woman need to have a ritual bath when she has a wet dream?' He replied, 'yes, in the case that she sees liquid.'" {6}

Abu Bakr (ibn al-Mundhir) said: The matters that obligate a ritual bath are:

  • One. The emission of thick liquid from the penis or vagina, be it in a state of wakefulness or sleep, be it due to sexual intercourse or not.
  • Two. The meeting of the two sexual organs.
  • Three. The menstruating woman and the woman undergoing post-natal bleeding when they become free of it.
  • Four. The disbeliever when he becomes a Muslim.
  • Five. Washing the dead Muslim is obligatory upon the one who knows of his death.

NOTES

{6} Bukhaaree [Eng. Trans.], Muslim [Eng. Trans.], at-Tirmidhee [no. 122], ibn Maajah [no. 600], al-Bayhaqee [1/167], Ahmad [7/292, 302, 306, 307], Maalik [Eng. Trans.], Abdur-Razzaaq [no. 1094] and ibn Abee Shaybah [1/80]


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