Tuesday 21 June 2011

Basic's of Fiqh-Chapter of Removal of Impurities

Types of Impurities:

There are three types of beings:

1) Living beings, which are of two kinds:

A) Those which are filthy and impure (najas) like dogs and pigs and their derivatives, and birds and animals larger than the cat in their build, and are not lawful to be eaten. The urine, stool, sweat, semen, milk, mucous and vomit of this category of animate beings is considered filthy and impure.

Allah The Exalted said, 'Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure.' (6/145)

Ibn ‘Abbas reported that Allah’s Messenger (pbuh) prohibited the eating of all fanged beasts of prey, and all the birds having talons. (Muslim)

B) Pure and clean (Tahir):

there are three kinds of living beings considered clean and pure:

a. Humans and all parts of the human are clean, including semen, sweat, saliva, mucus, milk, and the wetness of the private part of the female.

The Prophet said, 'Subhan Allah! A believer never becomes impure.' (Bukhari)

As for urine, feces, pre-seminal fluid (Madhi), prostate fluid (Wadi) and blood, they are impure.

pre-seminal fluid (Madhi): is a thin white fluid which appears when aroused.

Narrated by Muslim that Ali said: “I used to excrete too much Madhi (preseminal fluid). So, I asked a man to ask the Messenger of Allah (Blessings and peace of Allah be upon him) about it. I was shy to do so because of my position with respect to his daughter. (Ali was the Prophet’s son in law). He said: “Make ablution and wash your penis. Sahl Ibn Hanif said: “ I used to make lots of Ghusl because of it. So I mentioned this to the Messenger of Allah (blessings and peace of Allah be upon him) and he said: “ It is sufficient to take a handful of water and sprinkle it over your clothes wherever the fluid appears”.

prostate fluid (Wadi): is a thick white fluid that comes after urinating. Ibn 'Abbaas, said: "Maniyy discharge requires Ghusl. However, Mathi and Wadi only require performing Wudhoo' (ablution) and cleaning the private parts and part of the clothes it touched". ) (Al-Biyhaqi)

b. Animals which are lawful to eat, their urine, dung and droppings, sweat, semen, milk, mucus, vomit pre- seminal fluid and prostatic fluid is considered pure.

It is permissible to pray in a sheep pen, and the person who is praying would, in most cases, be unable to avoid getting in contact with its urine and feces.

The Prophet (pbuh) ordered the `Uranyeen to drink the urine and milk of the camels of charity, and he did not order them to wash their mouths or what else that gets in contact with it, and he did not point to its impurity, not even in the slightest; so its states upon the original ruling (i.e. being pure).

Also the Prophet (pbuh) made tawaf around the Ka`bah riding upon a camel, and most likely the place would get polluted [with urine or feces] during tawaf, and the Bedouins used to bring their camels into the masjid without being rebuked for that; so it indicates its purity.

c. Animals which are difficult for humans to avoid contact with (Pure to touch), but are not allowed to be eaten; such as the donkey, cat and mouse: only their saliva and sweat are not impure.

As for the evidences of these animals being permissible to be interactive with, Allah The Exalted said,

"And the horse and the mule and the donkey, they are for you to ride and a source of beauty. And He creates other things you do not know." (16/8)

Dawud ibn Salih ibn Dinar at-Tammar quoted his mother as saying that her mistress sent her with some pudding (harisah) to Aisha who was offering prayer. She made a sign to me to place it down. A cat came and ate some of it, but when Aisha finished her prayer, she ate from the place where the cat had eaten. She stated: The Messenger of Allah She added: I saw the Messenger of Allah said: performing ablution from the water left over by the cat. (Muslim)

Evidently the name of Abu Hurayrah, a major authority on hadith, literally translates to "cat man" or "father of cats". Both Abu Hurayrah and the Prophet (pbuh) enjoyed the presence of cats.

As for there meat being impure to eat, The Prophet (s.a.s.) prohibited the meat of horses and the mule and the donkey on the day of (the battle of) Khaibar.

Sheikh Muhammad bin Salih Al-‘Uthaimin said: “Also included (in the prohibition of impure animals) is that which is born an animal which may be eaten and one which may not, such as the Mule, because the mule is born of the donkey when it mates with a female horse, and the horse is permissible, while the donkey is forbidden. So when something is born of that which may be eaten and that which may not, the forbidden portion overcomes the permissible portion and it becomes forbidden.”

— Fatawa Islamiya, Vol. 6, p. 219

2) Dead beings: All dead beings are impure, Allah The Exalted said, 'Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure.' (6/145)

Except the dead of humans, fish, locusts, and those insects that do not have flowing blood, such as scorpions, ants and mosquitoes.

the Messenger (pbuh) upon describing sea water said, "Its (the sea) water is pure and its dead (animals) are lawful (i.e., they can be eaten without any prescribed slaughtering)."

(the five." At-Tirmizhi calls it hassan sahih, and al-Bukhari says it is sahih.)

the Messenger of Allah said, “We were allowed two dead animals and two (kinds of) blood. As for the two dead animals, they are fish and locust. As for the two bloods, they are liver and spleen.”

(Imam Ahmad bin Hanbal, Ibn Majah, Ad-Daraqutni and Al-Bayhaqi)

3) Non-living beings. All inanimate things are pure, such as earth, stones and their likes, except for those specifically mentioned above as impure.

Note: All blood, pus and secretions from wounds are impure, but a small amount is excused during prayer, if it is from a being regarded as pure.

Blood that is pure is of two kinds: the blood of fish, and the blood that remains in meat after slaughtering a lawful animal.

Any part that is cut off a live animal, as well as their embryos are all impure.

Removal of impurities does not need a specific intention. Therefore, if rain cleans it [without one intending it], for instance, it becomes clean.

Touching a filthy and impure thing or stepping on it 'does not' invalidate the ablution, yet one must remove the impurity from the body, shoes or clothes.

Cleansing of Impurity is conditional upon the following:

It should be cleaned by pure water;

Allah the exalted says: 'from him and sent down water from the sky upon you, that thereby He might purify you' (8/10)

Allah the exalted also says: 'and We send down from the sky pure water' (25/48)

For more details on (The categories of water, refer to lesson- http://www.facebook.com/notes/basics-of-fiqh/basics-of-fiqh-the-book-of-purifacation-the-chapter-of-water/233453673338425)

The washed garment should be wrung and squeezed outside the water if it is a type which is wrung and squeezed;

The filth should be removed by scrubbing etc. if mere mashing is insufficient to remove it; authenticity reported by Imam Abu Da’ud and Baihaqi that a woman came to the Prophet (pbuh) and said “O Messenger of Allah, I don’t have but one outfit and I have my monthly period when I am wearing it, and sometimes I see blood on it. What should I do?” The Prophet (pbuh) replied: “After the menstrual cycle is over, wash the blood stained area and then you can pray with it.” The woman said “O Messenger of Allah, what if the blood traces don’t come out?” He replied: “It suffices for you to clean it with water, and the traces of blood will not harm you.”

If the impurities are those of the dog, the contaminated object should be washed seven times with water, and the eighth time with dirt or soap. The prophet (pbuh) said: “Tahour To purify (cleanse) the utensils belonging to one of you, if it has been licked by a dog, wash it seven times, using soil the first time.” (Muslim)

Water remaining after the Beasts have drunk from it: Based on an authentic Hadith reported by Abu Da’ud, At-Tirmithi, An-Nasa’i and Al- Haakim that the Prophet (pbuh) replied to a person who asked him about the purity of the water found in the open areas like ponds with the possibility of beasts drinking from them. The prophet (pbuh) answered: “If the quantity of the water is two Quillah (pots) or more, it does not carry any impurity.” This proves that the leftover water of beasts is impure, because if it were pure the Prophet (S.A.W.) would not have mentioned the minimum quantity of two pots or more as a condition for it to be pure.

Purifying the clothes from the male infant’s urine: This is performed by sprinkling water on it. The urine of a female infant needs to be washed. This is based on a Hadith reported by Bukhari, Abu Da’ud and An-Nasa’i that the Prophet (pbuh) said, “The urine of a baby girl should be washed off and the urine of a baby boy should be sprinkled (with water)”.

Furthermore it was mentioned in Hadith Ibn Majah that a woman asked Um Salamah (the Prophet’s wife) “I am a woman who makes my clothes extra long and I may walk on impure places.” Um Salamah replied that the Prophet (pbuh) said “touching pure ground after it will purify it.”

Purifying the bottom of shoes: This is performed by rubbing them against the ground as long as the remains of the impurity (Najassah) are removed. In an authentic Hadith reported by Imam Abu Da’ud that the Prophet Muhammad (pbuh) said: “If any of you step on impurities (Najassah) with his shoes, rubbing them against the soil will purify it.”

If a dog urinates on the ground: This can be purified by pouring water over it: Based on the Hadith reported by Bukhari & Muslim that a Bedouin came and urinated in the Masjid of the Prophet Muhammad (pbuh), and he said to them: “Leave him alone and pour a bucket of water over his urine. You have been sent to make things easy and not to make them hard.” This opinion has been adopted by the scholars except by Imam Abu Hanifah who requires that in case the ground is solid, it needs to be dug and the impure soil removed.

Drying of the ground is its purification if the impurity is gone: Ibn Umar said that “dogs used to urinate in the Mosque of the Prophet Muhammad (pbuh) during his time and his companions did not pour any water on it (i.e. let it dry by itself).” (Bukhari)

Purifying the skin of a dead animal (not slaughtered according to the Islamic law):

It is not permissible to use the skins of dead animals for drink vessels or clothes, unless they are tanned and are pure animals (such as the animals that are permissible to eat)

Allah said, 'Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure - or it be [that slaughtered in] disobedience, dedicated to other than Allah.' (6-145)

In addition the Prophet (pbuh) said: “Tanning the skin of the dead animal (that died without being slaughtered) is its purification.”

(Narrated by Ibn Hibbaan & al-Daaraqutni classed as Sahih by Albani.)

It is also pure the Parts of animals on the outside, that has no blood flowing through it, such as wool, teeth, fur, and tusks, Allah said, ‘..and from their wool, fur and hair’ (16/80).

For more details on this category refer to lesson-http://www.facebook.com/notes/basics-of-fiqh/basics-of-fiqh-the-chapter-on-vessels-utensils/233226613361131

Useful Notes:

If the earth is soiled with impure solid impurities like feces, then it and all its remnants must be removed.

If removal of the filth and impurity is impossible except with water, then water must be used.

If the place of the impurity is not exactly known, the probable area and its surroundings are cleansed until it is certain that the impurity is removed.

A person who performs wudoo for voluntary prayers may make the obligatory prayers with the same wudoo.

The person who sleeps or passes gas does not have to perform istinjaa, since gas itself is not impure. One needs only to perform wudoo prior to the prayer and other acts of worship.

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Sunday 19 June 2011

Basic's of Fiqh-The Chapter of Wiping over The Socks

Wiping over Khuffs and Socks described by the Scholars as: Wipping with wetness over specific Khuffs or sock in a specified time.

Khuffs and Socks: Are a foot covering of leather or similar material is called a khuff, and if it is of wool or similar cloth, it is called a sock (jawrab), and it ia a sanction from Allah to the believers as some Scholars quoted, The wiping of the socks is better then washing the feet because Allah loves His believers to except His sanctions.

Ahmad ibn Hanbal said: I have no aversion to wiping over the socks because there are 40 Hadiths about wiping over the socks from the Rasool and his companions

Evidently Al-Mughirah ibn Shu'bah reported that the Messenger of Allah, upon whom be peace, made ablution and wiped over his socks and slippers.

(Ahmad, at-Tahawi, Ibn Majah and at-Tirmidhi, who called it hassan saheeh.)

and in another narration Yahya Al-Bika heard Ibn Umar say, wiping the socks is the same as wiping on the Khuffs. (Ibn Abi Shaybah & it is classed as Saheeh )

It was also narrated by Al-Azraq Ibn Qayss, I saw Annas Ibn Malik upon nullifying his wudoo, he washed his face, arms and wiped on his socks made of wool. Isaid to him, 'You wiped on them (Woolen socked)' he replied, 'Verily they are Khufs but of wool.' (& Amad Shakir grades it as an authentic chain narration)



The Conditions of Wiping over the Khuffs or socks:

1-That they should have been put on when one was in a state of tahaarah (purity, i.e., when one has wudoo’). The evidence for that is what the Prophet (pbuh) said to al-Mugheerah ibn Shu’bah: “Don’t worry, because I put them one when I was clean.”



2-That the khufoof (leather slippers which cover the ankle) or socks should be Taahir (pure). If they are naajis (impure) then it is not permissible to wipe over them. The evidence for that is that the Messenger of Allah (pbuh) led his companions in prayer one day wearing shoes, which he took off whilst he was praying. He said that Jibreel had told him that there was something dirty on them. This was narrated by Ahmad from the Hadith of Abu Sa’eed al-Khudri in his Musnad. This indicates that it is not permissible to pray wearing anything that is naajis, because if the naajis thing is wiped over, the person will be contaminated by that najaasah (impurity), so he cannot be considered to be taahir (pure).



3-They may be wiped over when one is purifying oneself from minor impurity (i.e., doing wudoo’ after passing wind, urine or stools), not when one is in a state of janaabah (major impurity following sexual activity) or when Ghusal is required. The evidence for that is the Hadith of Safwaan ibn ‘Assaal who said: “The Messenger of Allah (pbuh) commanded us, when we were travelling, not to remove our khufoof for three days and three nights, except in the case of janaabah. But we could keep them on and wipe over them in the case of stools, urine and sleeping.” This was narrated by Ahmad from the Hadith of Safwaan ibn ‘Assaal in his Musnad. So the condition is that wiping the socks may be done when purifying oneself (doing wudoo’) from minor impurity, and it is not permissible in the case of major impurity, because of the Hadith which we have mentioned here.



4-That the wiping may be done within the time specified by Sharriah, which is one day and one night in the case of one who is not travelling, and three days and three nights in the case of one who is travelling. This is because of the HadIth of ‘Ali ibn Abi Taalib who said: “The Prophet (pbuh) stated one day and one night for the one who is not travelling, and three days and three nights for the one who is travelling, i.e., for wiping over the khufoof.” This was narrated by Muslim. This period starts from the first time one wipes over the socks when doing wudoo’ after some minor impurity, and it ends twenty-four later for the one who is not travelling, and seventy-two hours later for the one who is travelling. So if we assume that a person purifies himself for Fajr prayer on Tuesday and remains taahir (pure, i.e., keeps his wudoo’) until ‘Isha prayer on Tuesday evening, then he sleeps and wakes up to pray Fajr on Wednesday, and he wipes his socks at five o’clock zawaali time , then the period begins from 5 a.m. on Wednesday and lasts until 5 a.m. on Thursday. If we assume that he wiped his socks before 5 a.m then he can pray Fajr on Thursday with this wiping and pray as much as he wants as long as he remains taahir, because according to the most correct scholarly opinion, wudoo’ is not broken when the time period for wiping over the socks expires. That is because the Messenger of Allah (pbuh) did not set a time limit for tahaarah, rather he set a time limit for wiping over the socks. Once that time limit expires, one cannot wipe over the socks again, but if a person remains in a state of tahaarah then his tahaarah is still valid, because this is what is implied by the shar’i evidence, and whatever is proven by shar’i evidence cannot be invalidated unless there is further shar’i evidence to that effect. There is no evidence to suggest that wudoo’ is broken when the time limit for wiping over the socks expires, because what the basic principle is that he remains as he is (i.e., taahir) until it becomes apparent that this is no longer the case.

These are the conditions which apply to wiping over the khufoof. There are other conditions which were mentioned by some of the scholars, but some of these are subject to further debate.

(I’laam al-Musaafireen bi Ba’d Aadaab wa Ahkaam al-Safar by Shaykh ibn al-‘Uthaymeen )



It is permissible for a person to wear two layers of khufoof or socks. If he wipes over one – in cases where it is permissible to do so, as we shall see below – then he takes one off, and breaks his wudoo’, it is permissible for him to wipe over the other, according to the opinion of some of the scholars.

Shaykh Ibn ‘Uthaymeen a number of scenarios in which a person wears two layers of khufoof or socks, as follows:

1 – If a person put on socks or khufoof then broke his wudoo’, then put on another pair before doing wudoo’, the ruling applies to the first layer, i.e., if he wants to wipe over them after that, he has to wipe over the first layer, and it is not permissible for him to wipe over the second layer.

2 – If he puts on socks or khufoof, then he breaks his wudoo’ and wipes over them, then he puts on a second layer, then he may wipe over the second layer according to the sound view. It says in al-Furoo’: That is permissible according to Maalik. End quote. Al-Nawawi said: This is the best view, because he put them on in a state of purity (tahaarah), and their view that it is a lesser kind of purity is not acceptable.( End quote.)

If we accept that, then the period of wiping starts from the first time he wiped over the first layer.

In this case he may also wipe over the first layer, without a doubt.

3 – If he puts khufoof on over khufoof or socks, and he wipes the outer layer then takes it off, can he wipe over the lower layer for the remainder of the period? I did not see any clear statement on this, but al-Nawawi stated that Abu’l-‘Abbaas ibn Surayj said that if he puts overshoes over the khufoof then one of three scenarios must apply: one of which is that they become like a single khuff, with the upper layer visible and the second layer like a lining, therefore he may wipe over the lower layer until the period for wiping ends from the time he wiped over the upper layer, which is like the case when the outer surface of the khuff becomes worn or scratched – it is permissible to wipe over the lining.” End quote from Fataawa al-Tahaarah, p. 192

The “overshoe” (jurmooq) is something that is worn over the regular khufoof, especially in cold countries.

(Kashshaaf al-Qinaa’, 1/130 & Al-Sharh al-Mumti’, 1/211)



The Extent of Wiping: When wiping over the khuff, one should pass his moist hand from the tips of his toes to his ankles with his fingers slightly open. Ali ibn Abu Taalib who said, “if the religion were according to opinion then the underside of the khuffs would have been wiped, but I have seen the Messenger of Allah (pbuh) wiping over the upper part of the khuff.”

Note: If someone first wipes while they are considered a traveler and then becomes a resident, or vice versa, or he is in doubt about when he first wiped, he should regard himself as a resident.





Wiping over the Turban: Al-Mughîrah b. Shu`bah relates that Allah’s Messenger (pbuh) performed wuduo and wiped over his forelock and his turban and his socks. (Muslim)

It is allowed to wipe over one’s turban with the following conditions:

1) The person is a male; because if a female was to wear a Turban it is considered imitating men which in forbidden and is a cursed action, The Messenger (pbuh) cursed the masculine women.

(Abu Dawood (4099); classed as saheeh by Albani)



2) It covers the normal part of the head which a turban covers; as Allah The-Exulted mentions in the verse of Wudoo, "..And wipe your heads..' (5/6)



3) It should only be performed in wudoo (and not Ghusl) same as in reference to the conditions of wiping on sock...

4) It should only be done if one has worn it in a state of purity after having performed wudoo or Ghusl (and not Tayammum) just as in the case of wipping on the socks and takes the same rulling..



Wiping over the Head Scarf (Khimaar): In a Hadith narrated by Ibn Abi Shabah, That Um Salamah use to wipe over her head scarf.

It is allowed for the woman to wipe over her head covering with moist hands on the following conditions:

1) The person is a female; The Messenger of Allah (pbuh) cursed the man who wears women’s clothing and the woman who wears men’s clothing.

(Abu Dawood (4098) classed as saheeh by Albani)



2) It should be a type which is wrapped around underneath the jaw; Proper Hijab that is prescribed by Shariah..

3) It should only be performed in wudoo (and not Ghusal) same as in reference to the conditions of wiping on sock...

4) It should only be done if one wears it in a state of purity after having performed wudoo or Ghusl (and not Tayammum) that it covers the normal part of the head which a scarf usually covers.





Casts and Bandages: Casts and bandages used to cover wounds may be wiped with moist hands on the following conditions:

1) There is a genuine need for the cast or bandage;

2) That it does not exceed the required area to cover the wound properly;

3) The cast or bandage should be wiped, while the other parts must be washed as normal.

One must remove the cast or bandage that exceeds the necessary area to be covered, unless some harm is feared.



Nullification of wiping socks, Turbans, & head scarfs

If interval of wiping ends then the wudu is nullified and he may not wipe again until he removes the Khuff and wears it upon purity
The wudu is nullified by the removal of the Khuff before end of interval
Entering state of major ritual impurity



Note: * It is better to wipe both of the two khuffs simultaneously and not beginning with the right khuff first. * It is not allowed to wipe over the bottom or back of the khuff or sock. * It is undesirable to wash the khuffs instead of wiping over them, or wiping them more than once. * As for the turban and scarf, one must wipe over most of it, and Allah knows best....



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Wednesday 15 June 2011

Basic's Of Fiqh (The Book of Purifacation- The Chapter of Water.

The Book of Purifacation

The Scholars of Fiqh started their books with The Chapter of Purification base on the five pillars of Islam, as the Prophet taught us in the hadith of Jibrail when he asked him (pbuh), " Oh Muhammad enlighten me about Islam?"

The Prophet replied, " Islam implies that you testify that there is no god but Allah and that Muhammad is the messenger of Allah, and you establish Prayer, pay Zakat, observe the fast of Ramadan, and perform Pilgrimage to the (Scared Mosque) if you are solvent enough (to bear the expense of) the journey."

Jibrail said, "You have told the truth"… (Muslim)

So the second pillar that was taught by the Prophet was Prayer, but the question lye's, why did not they just start with the Prayer instead of Purification? Well this has all so been evidently proven and taught through the teachings of the Prophet, he said, "The key to the Prayer is Purification" (related by At-Tirmadhi, thus grades it hasan sahih.)

Consequently Purification is the pre-condition to the prayer in order for it to be correct, as Allah the almighty has mentioned in His Book, " O you who have believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles.(5/6) in addition the Prophet said, 'Allah Does not except the prayer other than with purification' (Bukhari)

Purification "linguistically" means: Cleanliness and impartiality.

According to the Scholars: it is to uplift "Al-Hadith" and to remove "Al-Khabth

Al-Hadith: means "Legislative impurities" that prevents one from worshiping, such as Prayer , and Tawaaf-(circulating the Kaba) .

Examples of Al-Hadith: Passing wind, urinating or defecating and anything that is in its similar state that requires ablution. The Scholars labeled this as "Minor Hadith"

Other examples of "Legislative impurities" such as the release of semen due to sexual intercourse in which that requires bathing. The Scholars labeled this as "Major Hadith"

Al-Khabth: means, Malice or filth, and this state of impurity require physical removal of impurities that are apparent on the body, clothes, or surface in which one pray on. Such examples as, stool or urine and anything that is in its similar state that requires physical removal in order to be in the "correct state" for worshiping.



The Chapter of Purification;

It is necessary to know as a Muslim what are the acceptable requirements for using the water that Allah and His Messenger have taught us and the precise rulings that have been set up for us to follow and obey-

Water consists of three different types, and they are…

1-Tahour: Pure Water

2-Taahr: Water mixed with pure a pure substance

3-Najis: Water mixed with impure a pure substance

In addition, to these three divisions we will explain in further detail as followed…

1-Tahour :

The Scholars identified this type of essence as, "all water that descends from the sky or springs from the earth thus remains as its natural state that which it was created on, and it is purified within its essences thus purifies others.

There by it is clear that nothing uplifts "Al-Hadith" or removes "Al-Khabth" except with "pure water" in its original state that Allah created it in...

Allah the exalted says: 'from him and sent down water from the sky upon you, that thereby He might purify you' (8/10)

Allah the exalted also says: 'and We send down from the sky pure water' (25/48)

Examples of pure water are wells, rivers, sea, snow, and hail, ect,

as the Prophet (pbuh) supplicated,

"O Allah, wash my sins from me with snow, water, and hail." (Bukhaari & Muslim)

The Prophet (pbuh) also spoke about the seawater so he said,"It's (the sea) water is pure and its dead (animals) are lawful (i.e., they can be eaten without any prescribed slaughtering)." This hadith is (related by At-Tirmadhi, thus grades it hasan sahih.)

Other pure forms of water

Other types of pure waters that legislatively approved and they are…

Warm water

Weather it is warm tap water or it has be heated up over the fire, all is Tohour and permissible for the usage of Purification.

This form of water evidently authorized through the actions of the companions,

It s reported that Umar washed in hearty water. Related by Ad-Daarqatny, and its sanid is sahih.

Heated water from the sun

There is no legislatively disapproval in the usage of heated sun water for Purification. Also there is no differences between the scholars of jurisprudence in this issue except the Shaafi'ee's, and they proved this through the hadith that’s reported by Ayiessha, that she enter upon the Prophet of Allah (pbuh) and warmed up water for him in the sun then the Prophet said, don’t do so Oh-Humraa because it contracts leprosy.

(Related by Ad-Daarqatny.)

Our response to this hadith that it's classified as Munkr, Matrook-(No origins, lied upon)

And that this type of water is pure and the heating of the sun is a natural essence that has grew on it, similar to if the water has been chilled, such as snow water which is all permissible for the usage of purification, and Allah knows best…

still water water

Water that's been in a place over a long period of time, or because of its being mixed with algae, tree leaves, and so on. The consensus of scholars agrees that this type of water is classified as Tohour..type of water also is considered pure, This

Zam Zam water

It is permissible to use Zam Zam for ablution and gusal ,

Reported by Jabir that the Prophet of Allah (pbuh) requested a container of Zam Zam thus drank and made ablution from it. (Related by Ahmad.)

However, it is 'disliked' to use Zam Zam in the removal of "Al-Khabth" and this the opinions of Ibn Abaas, and Sheikh Islam Ibn Taymiyah.

Pure water that is Disliked Water

This water is pure in its essence but is disliked for the usage for purification, It is a prerequisite if there no pure water available.

Boiling Hot water or Freezing cold water- and the reason to this is that such water may cause one to not perform a complete ablution due to the intensity of the waters conditions.



water that has been mixed with a Taahr Substance but repels-such as grease, oil or camphor. In this case the scholars have mentioned this because its known that such substance do not completely mixed, meaning that the water has not been completely contaminated by its presence, therefore the scholars have ruled this as it being permissible for purification yet it is 'Disliked

2-Taahr (Blemished water)

The Scholars described this as pure water that has been mix with a Taahr substance in which alters the, color, odor or taste of the water, and this is considered by the consensus of scholars invalid for the use of purification, because the original essence has been uplifted and replaced by a substance that is unapproved by the Sharriah. Such examples are, tea water, rose water, water been used in cooking or anything that is similar in these descriptions.

Water that is Prohibited

Stolen water or water that has been used without some ones permission. This type of water is not excepted to use for purification and must find another source, Allah the All Mighty says, " and ye find no water, then take for yourselves clean sand or earth, and rub therewith your faces and hands, Allah doth not wish to place you in a difficulty, but to make you clean, and to complete his favour to you, that ye may be grateful". (Al-Maeda -The Table Spread/verse-6)

and the Prophet (pbuh) taught Ali a saying," Leave that what is distrusted to that is trusted" (Related by Ahmad)

3-Najis (Imure Water)

One of three attributes can be detected in this type of water that has been mixed with a impure substance in which alters the, color, odor or taste, and according to these attributes the scholars have ruled this as impure water. Meaning it doesn't uplift "Al-Hadith" or remove "Al-Khabth" (impermissible to use for purification)

This type of water is also detected by the approximant limit that has been bounded by Sharriah, the Prophet (pbuh) said, "if the water attains 'Qulatayn' (216 litres) it does not hold impurities" (This hadith was related by the Five). A Qulah is a old fashion clay vase that the Arabs use to use in the time of the Prophet (pbuh), the scholars say that it is around 216L and this is the limit that detects if it is pure or not.

The scholars have divided this type of water into two divisions,

1- water that is under the limit of ('Qulatayn'-216 liters)

Such as a drop or more of impurity, e.g. 'Urine' contaminates the water giving it the ruling of 'impure water'.

2-water that is above the limit of ('Qulatayn'-216 liters)

Meaning if the water has been tainted by impurities and is above the limit of ('Qulatayn'-216 liters) then it is permissible to use this water for purification, only if the water is known to be overpowered by the, color, odor or taste it is only then will it be classified as impure. And Allah knows best...

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Tuesday 14 June 2011

Basic's Of Fiqh The Chapter of Sunan Al-Fitrah (The State (Condition) That Allah (S.W.T.) Likes the Humans to Be In)

The Sunnan Al-Fitrah are as followed,
1- Circumcision:The scholars (may Allaah have mercy on them) differed as to the ruling on circumcision. According to Shafei’s and Hanbali’s it is obligatory , based on a fair Hadith reported by Imam Abu Dawood and Al-Baihaqi that the Prophet Muhammad (pbuh) had said to a man who converted to Islam: “Get rid of the Kufr hair and circumcise.” It is only recommended according to Hanafi’s and Maleki’s, because they consider the above-mentioned Hadith as weak. Imam Ash-Shawkani also favors this opinion. They all base their opinion on an authentic Hadith reported by Imam Bukhari and Muslim that the Prophet Muhammad (S.A.W.) said that five acts are considered from the (Sunan) Al-Fitrah and he mentioned circumcision as one of them.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The most correct view is that it is obligatory in the case of men and Sunnah in the case of women. The difference between them is that in the case of men, it serves an interest which has to do with one of the conditions of prayer, namely purity (tahaarah), because if the foreskin remains, when the urine comes out of the urethra, some of it will collect there, and this causes burning and infection every time the person moves, and every time the foreskin is squeezed, some drops of urine come out, thus causing najaasah (impurity).
In the case of women, it serves a useful purpose which is to reduce desire. This is seeking perfection, not removing something harmful.
Al-Sharh al-Mumti’, 1/133-134
This is the view of Imam Ahmad (may Allaah have mercy on him). Ibn Quddamah said in al-Mughni (1/115): As for circumcision, it is obligatory for men and it is good in the case of woman, but it is not obligatory for them.
And this is the most revised opinion in regards to this matter, & Allah knows best...

2-Shaving pubic hair and pulling out underarm hair: These are two recommended acts. If either hair is shaved, trimmed or pulled out, it will suffice. Based on an authentic Hadith reported by Imam Bukhari & Muslim that the Prophet Muhammad (pbuh) said that five acts are considered from the (Sunan) Al-Fitrah and he mentioned shaving the pubic hair and pulling out the underarm hair as two of them. It is preferred that they are removed whenever they get long, not exceeding forty days. In an authentic Hadith reported by Ahmad, Abu Dawood and others that Anass said: “The time period for us to trim the moustache, cut the nails, pluck out the underarm hair and cut the pubic hair was forty nights.”

3-Clipping one’s fingernails and toenails, and trimming or shaving his mustache: Based on an authentic Hadith reported by Imam Bukhari & Muslim that the Prophet Muhammad (pbuh) said that five acts are considered from the (Sunan) Al-Fitrah and he mentioned clipping one’s fingernails and toenails, and trimming or shaving his mustache as two of them. It is preferred that they are removed whenever they get long, not exceeding forty days as reported in the Hadith by Anass mentioned above in.

4. Letting the beard grow and become thick: It’s prohibited to shave it according to the opinion of the four scholars, because it is considered as changing Allah’s creation of the male and imitation of the female. In many authentic Ahadith, the Prophet Muhammad (pbuh) ordered the believers to grow their beards. Among this is a Hadith reported by Imam Bukhari & Muslim that the Prophet Muhammad (pbuh) said: “Be different from the Mushrikin (idolaters) and let your beards grow and trim your mustaches”. Imam Bukhari added “Ibn Umar used to grab his beard with his full hand and trim any excess, after performing Hajj (pilgrimage to Makkah) or Umrah (a visit to Makkah different from Hajj)”. And the same act was done by Umar Ibn Al-Khattab and Abu Hurierah during the life of the Prophet Muhammad (pbuh).
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: “The Qur’aan, Sunnah and ijmaa’ (scholarly consensus) all indicate that we must differ from the kuffaar in all aspects and not imitate them, because imitating them on the outside will make us imitate them in their bad deeds and habits, and even in beliefs, which will result in befriending them in our hearts, just as loving them in our hearts will lead to imitating them on the outside.

5-Using the Siwak (a piece of a root of a tree called Al-Arak found in the region of Hejaz in the Arabian Peninsula):
It is from the Sunnah of the Prophet (pbuh) to use Siwak to clean one’s teeth and mouth, based on many authentic Ahadith like the one reported by Imam Bukhari and Imam Muslim that the Prophet (pbuh) said: “Had I not feared burdening myUmmah (Muslims), I would have ordered them to use the Siwak before every prayer.” In another narration reported by Imam Ahmad “
It is especially recommended to do so before each prayer, before reciting the Qur’an, before rinsing one’s mouth in ablution, after waking from sleep, before entering the Mosque or one’s house, and anytime when the smell of one’s mouth has changed.
It is preferred that one begins with the right side while using Siwak or in purification, and that he uses the left hand to remove what is not desired (e.g., in removing any impurities).
And Allah knows best...

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Sunday 12 June 2011

Basic's of Fiqh The Chapter on Vessels & Utensils

It is not lawful the usage of gold and silver vessels and utensils in purification. Evidently as mentioned the Messenger of Allah said, "Do not drink in gold or silver vessels and do not eat in dishes made of them, for they are for them (unbelievers) in this life and for you in the Hereafter" (Bukhari & Muslim)
Umm Salama, the wife of Allah's Apostle (pbuh), said: He who drinks in the vessel of silver in fact drinks down in his belly the fire of Hell. (Muslim)
The ruling of vessels soldered by them takes on the same ruling, except if it is a small amount of silver solder (only in need for necessities), related by Annas, When the (drinking) cup of the Prophet (pbuh) was broken, he fixed it with a silver wire at the crack. (Bukhari)

There are conditions for the exceptional permissibility of silver solder:
1. It must be for a need
2. It must be small in amount
3. It must be for soldering
4. Only silver can be used (gold cannot be used at all)
The Scholars mention that these necessities are replacing teeth or certain bones of the body with silver or even gold as it has been recorded that the permission of the Prophet to some of his companions in the replacement of bones due to illness, ‘Abd al-Rahmaan ibn Tarafah narrated that his grandfather ‘Arfajah ibn As’ad had his nose cut off in the battle of al-Kulaab, and he wore a nose made of silver, but it began to stink, so the Prophet (pbuh) told him to get a nose made of gold. (This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood.)
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: It is not permissible for men to have gold teeth fitted unless that is essential, because it is haraam for a man to wear gold or adorn himself with it. With regard to women, if it is customary for women to adorn themselves with gold teeth, then there is nothing wrong with them doing that; a woman may plate her teeth with gold if it is customary for women to adorn themselves in this manner, and it is not extravagance, because the Prophet (peace and blessings of Allaah be upon him) said: “Gold and silk have been permitted for the females of my ummah.”
If a woman dies in this state, or if a man dies who wore a gold tooth out of necessity, then it should be removed, unless there is the fear of mutilation of the corpse, i.e., there is the fear that the gum may be split, in which case it should be left alone. That is because gold is considered to be a kind of wealth, and wealth is to be inherited by the heirs of the deceased; leaving it with the deceased and burying it is a waste of money.
Such opinions were motioned by Sheikhal Islam Ibn Tayimyah, and Allah knows best...
Other then gold and silver it is permissible to use all other utensils that are pure and (it is permissible) to own them. This is proven through the Sharriah that everything is halal unless there is something to prove it to be haram derived from the verse,“It is He Who hath created for you all things that are on earth; Moreover His design comprehended the heavens, for He gave order and perfection to the seven firmaments; and of all things He hath perfect knowledge.”
(2/29)

It is likewise permissible to use the vessels and utensils of the people of the Book (Christians & Jews), as well as their garments, so long as they are not known to be impure.
Narrated from Abu Tha‘labah al-Khushani that he asked the Messenger of Allah (pbuh), We live close to some the people of the Book and they cook pork in their pots and drink wine in their vessels. The Messenger of Allah (pbuh) said: “If you can find other vessels, eat and drink from them. If you cannot find anything else, then wash them with water and eat and drink” (Classed as sahih by al-Albaani in Sahih Sunan Abi Dawood.)
There is a difference in opinion among the Scholars with regards to if weather it is permissible to use the vessels and utensils of the Mushrikeen (The Polytheists) but the revised opinion in this matter is it’s permissible based on the evidences through the numerous Hadith that have been narrated. Evidently it has been reported in Bukhari & Muslim that the Prophet (pbuh) made Wuduo from a drinking vessel of a Polytheist. This and many narrations that have been authentically narrated prove it being permissible to use the vessels and utensils of the Mushrikeen (The Polytheists), and Allah knows best...

It is not permissible to use the skins of dead animals for drink vessels or clothes, unless they are tanned and are pure animals (such as the animals that are permissible to eat)
Allah said, 'Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure - or it be [that slaughtered in] disobedience, dedicated to other than Allah.' (6-145)
In addition the Prophet (pbuh) said: “Tanning the skin of the dead animal (that died without being slaughtered) is its purification.”
(Narrated by Ibn Hibbaan & al-Daaraqutni classed as Sahih by Albani.)
It is also pure the Parts of animals on the outside, that has no blood flowing through it, such as wool, teeth, fur, and tusks, Allah said, ‘..and from their wool, fur and hair’ (16/80).

With regard to animals whose meat may be eaten, slaughtering them in accordance with Sharriah makes their meat and skin permissible, and tanning makes their skin permissible if the animal died without being slaughtered in accordance with Sharriah (maytah or “dead meat”).
In the case of animals that cannot be eaten, slaughtering them in the Sharriah manner does not make their meat or skins permissible, and tanning does not make their skins permissible.
This is the view of al-Awza‘i, ‘Abd-Allah ibn al-Mubaarak, Abu Thawr and Ishaaq ibn Raahawayh; it is one view narrated from Imam Ahmad; and it is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) according to one of his two opinions.
This view was also favoured by a number of contemporary scholars, Sheikh Muhammad ibn Saalih Uthaymeen (may Allah have mercy on him) said: And it was said that the skin of an animal that died without being slaughtered correctly may be purified by means of tanning so long as it comes from an animal that may be made permissible by means of proper slaughter. But if it cannot be made permissible by means of proper slaughter, then it cannot be purified. This view is most likely to be correct. Based on that, the skin of a cat and any smaller animal cannot be purified by means of tanning.
And Allah knows best...
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Friday 10 June 2011

Basic's of Fiqh The Chapter of Tayammum

Tayammum Linguistically means: Intent or Motive
And according to the Scholars; Using specified soil or earth on specified limbs by a specific person in a specified time..

Evidently this is proven through the Quran & Sunnah & the consensus of amongst all Scholars-
Allah The All-Mighty said, 'But if you are ill or on a journey or any of you comes from answering the call of nature, or you have been in contact with women (i.e. sexual intercourse) and if you find no water, then perform Tayammum with Saaed itayib (clean earth) and rub therewith your faces and hands.' (5/6)
In Addition, Jabir bin 'Abdullah narrates, The Prophet (pbuh) said, "I have been given five things which were not given to anyone else before me. Allah made me victorious by awe (of frightening my enemies) for a distance of one month's journey. The earth has been made for me (and my followers) a place for praying and purification (performing Tayammum). Therefore, anyone (of my followers) should pray wherever the time of Salat (prayer) becomes due."
In the version of Muslim narrated by Hudhaifa: "The soil of the earth has been made for us as a means of purification when we do not find water."
In the version of Ahmad narrated by 'Ali, "The soil has been made for us a means of cleansing."


The essence of Tayammum;
It takes the place of water when there is none available, and this for purifying oneself from Major Impurities that require Ghusal (Pre-ejaculation of sperm, Menses,etc) and from minor imputes, and this is the nullifiers of Wuduo. Also it can be used in place of sickness or illness as it will be explain further more to come...

The Conditions of Tayammum;
1-The inability to use water; and this is divided into two categories-

a-The unavailability of water
b- Fear of using water due to possibilities of harming one's self


a-The unavailability of water;
Allah said, 'and if you find no water, then perform Tayammum with Saaed itayib (clean earth) ' (5/6)
And the Prophet (pbuh) said, 'Verily the Saaed At-Tayib (Tayammum) is the Wuduo of a Muslim, even if he doe not find water for ten years; but when he finds water he should guard against disobeying Allah and let it touch his skin' (Tirmadhi)
Situations for the unavailability of water;
Danger lurking between one and the water e.g., a beast or human and having no other sources to attain water from. Such examples as an enemy or authority official might cut off water supplies for the country or city you’re in, or the water supply such as a well or a stream or anything that relates to a source where one receives the supple of water from is cut off or blocked (taking in consideration that there is no way of getting in contact of any water in your surroundings)
Also one might fear for their valuables or property getting stolen or damaged (Might not have water available at these times & places or cannot reach the place where they have their water supplies stored) or a prisoner under harsh conditions.
Or one might be travelling and finds know water and fears that the time of their Prayer might alps (the prescribed time frame between each prayer) or even if one is not a traveller and fears that the prayer time will alps, and will not be able to use or reach water until the next prayer or even longer then it is also permissible to result to Tayammum.

b-Fear of using water due to possibilities of harming one's self
Cuts or gashes that medically require not to be wet, so one can Tayammum in replace of limb that can not be washed in Wuduo or Ghusal.
Or very severe weather conditions, Narrated by Umaru Ibnul-Aa's aid, 'I become Junab-(pre-ejaculated with sperm) on a cold night will we were at war, and I feared if I would suffer. So I made Tayammum and Prayed amongst my friends', then the Prophet (pbuh) reminded me, 'O'Umar you Prayed amongst your friends and you were Junab' So I informed him what stopped me from bathing, and I said, "I have heard the statement Allah has Said, 'And don't kill yourselves, Indeed, Allah is to you ever Merciful' " Then the Prophet laughed and never said anything.' (Abu Dawaud)
Or the water is very cold and one fears of being sick if they use it, and this only applies if they are in a place where there are no facilities to warm that water up (such as on a gas stove or over some sort of fire or heat) & if these facilities are available then one must take this option by heating it up then using it, & Allah knows best...
When one is in a state of Janabah (sexual impurity) and fears that one will die from cold or become ill if Ghusl is made with water (provided that one has no means to heat the water or use public bathrooms). Tayammum is a substitute for Wuduo or Ghusl, and these are the opinions of Ibn Taymiyah, Ahmad, & Abu Haniffa Rahimahum Allah.
Or one is sick fear of getting sick, or any sickness in genral that requires one to not apply water to their bodies. Shaykh al-Islam Ibn Taymiyah said in Sharh al-‘Umdah (1/425): If a sick person who is unable to use water does Tayammum, then it becomes easier for him to use water after he has finished his prayer, he does not have to repeat it, because he has done what is required of him and what he is commanded to do.
When the quantity of water is only sufficient to meet the basic necessities e.g. drinking, cooking, or water for the animal, the fear of one becoming thirsty, it may be that one is travelling and they have only a certain amount of water with to drink and if they used it they might die of thirst. Then in this case it is permissible to resolve to Tayammum in fear of one’s life. Baring in mind that this only is required to those that have no other access to any sort of water, If one can buy water or get it from another source then this does not apply to them..

2-Pure soil has dust; as it is a condition for water to be pure it is the same as for Tayammum that it must be pure soil with dust. It is still permissible for one to use other then soil that has no dust, Sheikh Ibn Uthaymeen said, 'The revised opinion is it is not a required condition for one to perform Tayammum using soil that has dust. Verily if one was to perform Tayammum by using the ground (its permissible) wether it has dust on it or not. For example if it was to rain and the rain water covers the ground, a person then strikes the ground and then wipes his face and hands, and in this case there is no dust on the ground, as Allah said, ' perform Tayammum with Saaed itayib (clean earth) and rub therewith your faces and hands ' and furthermore the Prophet (pbuh) and his companions use to travel to places where there was nothing but soil, and it would rain in those areas, thus they would perform Tayammum in these condition as Allah commanded them..
So the revised opinion is that if a person performs Tayammum on the ground that has dust or no dust. (end of quote for the Sheikh Rahimullah)
And this is one of amongst the opinions of Ahmad & Abu Haniffa Rahima-humu Allah, and Allah knows best...
Evidently the Hadith of the Prophet also proves that Tayammum is permissible through other means then soil, The Prophet came from the direction of Bir Jamal. A man met him and greeted him. But he did not return back the greeting till he went to a (mud) wall and smeared his hands and his face with its dust (performed Tayammum) and then returned back the greeting. (Bukhari)

3-Intention; Intention doesn’t need to be uttered verbally or loudly, it is an action of the heart. It is the condition in order to make most Islamic actions correct. The Prophet (pbuh) said: Deeds are (a result) only of the intentions (of the actor), and an individual is (rewarded) only according to that which he intends. (Bukhari & Muslim)

Arkan-The Essential elements of Tayammum;
1-The first strike to the ground; The Prophet (pbuh) said, ' It was enough for you to strike the ground with your hands and then blow (the dust) and then wipe your face and palms' (Bukhari & Muslim) as the Hadith states that he (pbuh) striked the ground once, and this is what is compulsory any extra strikes are considered Sunnah.

2-Wipping the entire Face once, as stated in the verse for Wuduo, Allah begin the verse in commanding to wash the face as He said, 'O you who have believe, when you rise to [perform] prayer, wash your faces' Then further on in the verse He mentions Tayammum by commencing with the face, ' then seek clean earth and wipe over your faces and hands with it.' (5/6)

3-Wippining both the back of hands; The Prophet stroked the earth with his hands and then passed them over his face and the backs of his hands (while demonstrating Tayammum). (Bukhari)


The Nullifiers of Tayammum;
1-The Nullifiers of Wuduo; whatsoever nullifies one's Wuduo nullifies one's Tayammum.

2-The availability of water; Once one has water available it is no longer permissible for one to perform Tayammum and there for nullifies it.

3-The Cure of one's Sickness; If one has a certain illness that requires them to performs Tayammum, Thus later heals for it, it is no longer valid for them to continue performing Tayammum. Thus therefore nullifies it.

Sunnah (recommendable) acts of Tayammum;
1-Saying Bismillah before commencing Tayammum;
2-Doing it in sequence, as motioned in the verse the sequence that Allah has prescribed from the face to the hands. The Prophet (pbuh) said, ‘Begin with what Allah had begun with' (Nisaai) but the reason to sequence being a Sunnah act of Tayammum not a compulsory act is due to the Hadith of Abu Musa who said to Abdullah: You have not heard the words of 'Ammar: The Messenger of Allah (pbuh) sent me on an errand and I had a seminal emission, but could find no water, and rolled myself in dust just as a beast rolls itself. I came to the Messenger of Allah (pbuh) then and made a mention of that to him and he (the Holy Prophet) said: It would have been enough for you to do this. Then he struck the ground with his hands once and wiped his right hand with the help of his left hand and the exterior of his palms and his face. (Muslim)

3-Doing in succession; meaning not to leave long periods of time between limbs when performing Tayammum..

4-Saying the Du'a after finishing completing ones Tayammum; The same Du'a that one say's upon completing Wuduo, The Prophet (pbuh) said: 'There is no one amongst you who does Wuduo' and does it properly and does it well THEN he says, ash-hadu an laa ilaha illa Allah, wahdahu, laa shareeka lah, wa ash-hadu anna muhammadan a'abduhu warasooluhu, Except the gates of Paradise will be opened to him and he may enter through whichever of them he wishes." (Muslim)

The Manner of Performing Tayammum;
Fist one must make intention (in the heart), then say Bismillah, Then strikes the ground once with both hands, Then wipes on the face by passing it over the face, Then wipe hands form the top right with the palm of the left, & the top of the left over with the palm of the right, then say the Du'a as mentioned above..

How one should perform Tayammum if they have a broken bone or cut or gash;
If one has a cut or broken bone or gash or anything that is similar in its attributes & cannot wash it due to medical reasons or fear of increasing their illness, then they should wash the rest of their body that is able to be washed and to perform Tayammum in place of that part that has been injured...
And if one has no presence of water or anything that they can use to perform Tayammum with then they pray in the state they are in, and there is no need on compensating for that prayer, for verily it is excepted insha-Allah, And Allah knows best.....

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