Commentary
His saying, exalted is He:
﴿O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying, and not in a state of janabah except those passing through a place, until you have washed. And if you are ill or on a journey or one of you comes from the place of relieving himself or you have touched women and do not find water, then seek clean earth and wipe over your faces and your hands. Indeed, Allah is Forgiving and Merciful﴾
The reason for the prohibition of approaching prayer while in a state of intoxication is that a group of the companions of the Messenger of Allah, blessings and peace be upon him, drank alcohol at one of their gatherings before its prohibition. Among them were Abu Bakr, Umar, Ali, and Abdur-Rahman ibn Awf. When the time for prayer came, Ali ibn Abi Talib advanced and recited: ﴿
Between the divorce of the intoxicated and his confession of fornication, there is a difference. This is because divorce and the confession of financial matters and slander, and similar things, are related to the rights of others among human beings. The intoxicated person is accused if he claims that he did not know, and he is judged like a knowledgeable person. The confession of fornication is indeed a right for Allah, the Most High. If he claims after sobriety that he was not knowledgeable of the religion, as for the rulings of crimes, they are all binding on the intoxicated.
"And you are intoxicated" is a beginning and a news, a sentence in the position of a state. It has been reported from Ibn Furak that he said: The meaning of the verse is the prohibition of intoxication, meaning that there should be no intoxication among you so that it occurs close to prayer, as a person is constantly called to prayer. The apparent meaning is not like that. It has been narrated that the Companions - after this verse - used to drink and reduce (drinking) after dawn and after the evening, and no prayer would enter upon them except while they were sober.
And His saying: "And not in a state of major impurity" is an addition to the position of this sentence that is in the accusative case. The majorly impure person is one who is not pure due to ejaculation or exceeding circumcision. This is the saying of the majority of the Ummah. It has been narrated from some of the Companions: There is no washing except for one who has ejaculated, and it is from major impurity, which is: distance, as if he has distanced himself from purity, or from the side as if he has engaged in sexual relations and touched with his side side by side. A group has read: "side" with the noon being silent.
"Travelers" is from crossing, meaning: passing and crossing. From it: the crossing of the ship is the river, and from it: a she-camel that crosses the journey and the wilderness and migration, meaning: it crosses it with the speed of travel. The poet said: (a woman)
Ali ibn Abi Talib, Ibn Abbas, Ibn Jubair, Mujahid, al-Hakam, and others said: "The traveler is the one who is on a journey. It is not correct for anyone to approach the prayer while in a state of major impurity except after performing ghusl, except for the traveler, for he performs tayammum." Ibn Abbas also said, along with Ibn Mas'ud, Ikrimah, al-Nakha'i, and others: "The traveler is the one who passes through the mosque, and this is what is intended in the verse. This requires what has been previously mentioned, that the saying that the prayer is the mosque and the place of prayer is needed." Some of them narrated that the reason for the verse was: "A group from the Ansar had their doors opening into the mosque, and if any of them became impure, he was forced to pass through the mosque, so the verse was revealed regarding that." Then the verse was revealed: "And if you are ill..." to the end of the verse due to the companions' lack of water during the battle of 'Muraysi' when they stayed for the purpose of seeking the necklace. This is what the majority said. Al-Nakha'i said: "It was revealed concerning a group who were wounded and then became impure, and they mentioned that to the Prophet, blessings and peace be upon him, so this verse was revealed." Al-Naqqash mentioned that this was revealed regarding Abd al-Rahman ibn Awf, and the sick person intended in this verse is the resident, and the one who is permitted to perform tayammum is the one who fears death due to the cold water and the illness associated with it. This is agreed upon, except for what has been narrated from 'Ata that he purifies himself even if he dies. The one who fears the occurrence of an illness upon an existing illness, or the increase of an illness, or who fears a delay in recovery, these people perform tayammum by consensus of the school as far as I have preserved. The reasons for which the sick person does not find water are: either the complete absence of it, or the fear of what we mentioned. Dawud said: "Whoever is called by the name of the sick person is permitted to perform tayammum," and this is the opinion of the minority. However, it is only according to the scholars of the ummah that the one who is afflicted, the one who is counted, and the feared ailments related to water apply.
The traveler - in this verse - is the one who is absent from the resident. Whether the journey is one for which the prayer is shortened or not, this is the opinion of Malik and the majority of the jurists. Al-Shafi'i said - in the book of al-Ashraf -: And a group said: "He does not perform tayammum except in a journey in which shortening is permissible," and this is weak.
Qadi Abu Muhammad, may Allah have mercy on him, said:
And likewise, a group said: "He does not perform tayammum in a journey of disobedience," and this is also weak.
The reasons for which the traveler does not find water are: either its complete absence, or the fear of losing his companion due to his search for it, or the fear for his mount due to his search for it, or the fear of wild animals or harm against him.
There was a difference of opinion regarding the time for performing tayammum. Al-Shafi'i said: at the beginning of the time, while Abu Hanifah and others said: at the end of the time. Malik distinguished between the one who is hopeless and the knowledgeable one who hopes to catch it in time, and the ignorant one regarding it altogether. Ishaq ibn Rahawaih said: the traveler is not required to seek water except in his immediate vicinity and around him. A group said: he should go out in search of it for two ghalaawat and similar distances. In the school of Malik, he walks in search of it for three miles. Al-Shafi'i said: he walks in search of it as long as he does not fear missing his companion or missing the time.
Qadi Abu Muhammad, may Allah have mercy on him, said:
And this is a good saying.
The origin of "al-gha'it" is what is lowered from the ground. The Arabs used to refer to that type of place for relieving themselves, until its usage became common for fulfilling needs and it became its known term. Qatadah and al-Zuhri read: "min al-gha'it" with the ya' silent and without an alif. Ibn Jinni said: it is omitted from fi'al, the root of this word is waw. This term encompasses all events that nullify minor purification. People differed regarding their enumeration. The best opinion believed in this matter is that the types of nullifying events are three: what exits from the two passages as a habit, what causes the loss of reason, and touching. This is according to the school of Malik. According to the school of Abu Hanifah: what exits from impurities of the body, and the exit is not considered nor anything else, and touching is not counted in it. According to the school of Al-Shafi'i: what exits from the two passages, and habitual action is not considered. The consensus regarding nullifying events is nine: four from the male, which are urine, semen, pre-seminal fluid, and post-seminal fluid, one from the female's private part, which is menstrual blood, and two from the rear, which are wind and feces. The loss of reason, such as madness, fainting, and deep sleep, nullifies minor purification by consensus. Other than that, such as touching, and worms exiting from the rear, and similar matters, are disputed.
Ibn Kathir, Nafi, Abu Amr, Ibn Amer, and Asim read: "You have touched," and in the language, this term can refer to the touch that is sexual intercourse, as well as the touch that is the grasp of the hand, and the kiss, and similar actions, as in all of that there is touch. The scholars have differed regarding its position here. Malik, may Allah have mercy on him, says: The term here in its complete generality implies both meanings. The one who touches with sexual intercourse performs tayammum, and the one who touches with the hand also performs tayammum, because the touch nullifies his wudu. A group said: Here it is specified for the touch of the hand, and the junub is not mentioned except with water, and there is no way for him to perform tayammum. Rather, the junub must wash or leave the prayer until he finds water. This saying has been narrated from Umar, may Allah be pleased with him, and from Abdullah ibn Mas'ud and others. Abu Hanifa said: Here it is specified for the touch that is sexual intercourse, so the junub performs tayammum, and the one who touches with the hand has no mention, so it is not an event, nor does it nullify wudu. So if a man kisses his wife for pleasure, his wudu is not nullified. Malik, may Allah have mercy on him, believes that the touch nullifies if it is for pleasure, and does not nullify if he does not intend pleasure, nor if it is for a daughter or a mother. Al-Shafi'i, may Allah have mercy on him, generalizes the term for women, so if a man touches his mother or daughter in any way, his wudu is nullified. The absence of water applies to the sick and the traveler as we have mentioned, and it also applies to the healthy present person due to the high price that affects all types. There has been disagreement about this. Al-Hasan said: A man buys water with all his money and remains without it. This is a weak saying, "For the religion of Allah is ease," as he, blessings and peace be upon him, said, and He intends ease for us, and He has not placed upon us in religion any hardship. A group said: He buys what does not exceed one-third of the value and above. A group said: He buys the value of the dirham for two or three dirhams, and similar to this. All of this is in the school of Malik, may Allah have mercy on him. It was said to Ashhab: Can a water skin be bought for ten dirhams? He said: I do not see that upon the people.
The extent of this matter is according to the wealth of the buyer and his need. The preferable view to me is that he should buy what its high price does not harm him. It is also established that the absence of water for the healthy present is due to being imprisoned or tied up. This is what is said regarding him: that he found neither water nor soil, as al-Bukhari translated. In this, there are four opinions. Malik and Ibn Nafi' said: he does not pray nor repeat. Ibn al-Qasim said: he prays and repeats. Ashhab said: he prays but does not repeat. Asbagh said: he does not pray but makes up for it. If the resident fears missing the time if he takes water, then for Malik, may Allah have mercy on him, there are two sayings in the 'Mudawwana': that he performs tayammum and does not repeat, and he said: that he repeats. In the 'Wadihah' and others from him, that he takes water and washes even if the sun has risen. According to the saying that he performs tayammum and does not repeat, if there remains from the time something equivalent to what he would take to perform ablution and pray one rak'ah, it was said: he repeats, and it was said: he does not repeat.
The meaning of his saying "So perform tayammum": aim for it. From this is the saying of Imru' al-Qais:
The eye that is near Darij, Its shade falls on it, its heat is overwhelming.
And from this is the saying of al-A'sha of Banu Thalabah:
I aimed for Qais, and how much is beyond it, From the land of a lowly place with a rough path.
Then this name prevailed in the Shari'ah over the known act of worship.
And 'sahd' in language means the surface of the earth, as said by al-Khalil and others. From this is the saying of Dhul-Rumma:
As if in the morning you throw the sahd with it, A creature in the bones of the head, its trunk.
The jurists disagreed regarding the restriction of the verse to the pure. A group said: he performs tayammum with the surface of the earth, whether it is soil, sand, stone, mineral, or mud. They made 'pure' mean: clean, and this is the view of Malik. Another group among them said: 'pure' means: lawful, and this in this context is shaky. Al-Shafi'i and a group said: 'pure' means: that which produces growth, as Allah, glorified and exalted is He, said: "And the good land, its vegetation comes forth" [Al-A'raf: 58]. So 'sahd' in this sense refers to soil. This group does not permit performing tayammum with anything other than what we have mentioned. The place of consensus is that a man should perform tayammum on pure, non-transferred, and non-stolen soil that produces growth. The place of consensus in prohibition is that a man should not perform tayammum on pure gold, silver, rubies, emeralds, or food items, such as bread, meat, or others, or on impurities. There was disagreement regarding other things like minerals - it was permitted, which is the view of Malik, and it was prohibited, which is the view of al-Shafi'i. Abu al-Hasan al-Lakhmi indicated that the disagreement exists in the school. As for salt, it was permitted in the mineral school and prohibited, and the mineral was permitted, while the solid was prohibited. Snow in the 'Mudawwana' is allowed, and for Malik in other texts, it is prohibited. Al-Naqqash mentioned from Ibn Aliyyah and Ibn Kaysan that they permitted tayammum with musk and saffron.
Qadi Abu Muhammad, may Allah have mercy on him, said:
This is a clear error from several aspects.
As for the transported soil in a plate and otherwise, the majority of the school permits performing tayammum with it. In the school, there is a prohibition, and outside the school, the majority is in favor of it. As for what is cooked, like bricks and plaster, there are two opinions in the school: permissibility and prohibition. There is disagreement regarding performing tayammum on a wall. As for performing tayammum on plants and wood, there is disagreement in the school of Malik. The majority holds that performing tayammum on wood is prohibited, while in Mukhtasar al-Waqari, it is stated that it is permissible. Al-Tabari reported differing opinions regarding the term "saa'id": that it is the smooth land, that it is the level land, that saa'id is soil, and that it is the surface of the earth.
And the arrangement of the Qur'an is that the face comes before the hands. This is what the majority said. In the hadith of Ammar in Al-Bukhari, in some narrations, the hands are mentioned first. Some scholars said this is based on the order of washing in ablution. The limits of the face, which are known in ablution, should be observed. The majority hold that it is obligatory to wipe the entire face in tayammum, and one should follow it as one does with water. One should not intend to leave out any part of it. Some permitted not to follow the wrinkles in the socks and what is between the fingers in the hands. This is the view of Muhammad ibn Salamah. The view of Malik in the
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