Things left out on this chapter in last lesson:
According to shaykh abdus salaam ash-shuwayer you can mention the name of Allāh etc
if you are not on the toilet but in the bathroom.
Odd number of wipes in istijmar even if you're already clean. Istijmar can't be
done with something respected or given sanctity like food or pages of the Qur’ān or
anything containing the name of Allāh. It can't also be done with dung or bones or
with anything that is impure. Obligatory to cover oneself with a wall or something
similar if doing it outside. One must not reveal his ‘awrah till he reaches the
ground. It is not permissible to relieve itself on:
1. Roadways 2. In places where people sit
3. Under fruit bearing trees 4. In any place that maybe cause harm to the people by
5. In still water
When relieving oneself one should lean on his left leg and set right leg upright.
Some scholars consider it haram to even touch your private part with right hand.
Urinating while standing is allowed on 2 conditions: if one is safe from urine
splattering on his body or clothes and one is safe from his ‘awrah being exposed.
Unlike what the people in the subcontinent believe.
Narrated Hudhaifa:
I saw Allah's Messenger ( )ﷺcoming (or the Prophet ( )ﷺcame) to the dumps of some
people and urinated there while standing .
(Sahih al-Bukhari 2471)
One must not use a ringtone that has mention of Allāh جل جالله, regardless of
whether it is Āyāt (verses) from the Qurʾān, the Adhān, or a Duʿāʾ, fearing that
the phone might ring while one is relieving himself.
[2] One must not use the phone while excreting or urinating because this forces the
person to stay longer in the toilet, which is something that is Makrūh (disliked).
Chapter 5:
Siwāk:
Imam al-Nawawi reported that the respectable scholars were agreed that use of the
siwak is sunnah and is encouraged. One of the signs of its importance is the fact
that some of the salaf (early generations of Islam), such as Ishaq ibn Rahawayh,
thought that it was obligatory.
Times of siwak:
1. When doing wudu:
The scholars are agreed that it is mustahabb to use the siwaak when doing wudoo’,
because the Prophet (blessings and peace of Allah be upon him) said: “Were it not
that it would cause hardship for my ummah, I would have instructed them to use the
siwaak every time they do wudoo’.”
Narrated by al-Bukhaari in a mu‘allaq report. Also narrated by Ibn Khuzaymah in his
Saheeh (140) and classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 1/109
It was also narrated by Ahmad (9612): “Were it not that it would cause hardship for
my ummah, I would have instructed them to use the siwaak with every wudoo’.”
Classed as saheeh by al-Albaani in Saheeh al-Jaami‘, 5317.
The scholars differed concerning the time for using the siwaak when doing wudoo’.
Some of them said that it should be before saying Bismillah for doing wudoo’ and
some of them said that it should be when rinsing the mouth.
Ibn Nujaym (may Allah have mercy on him) said:
There was a difference of opinion concerning the time for that. In al-Nihaayah and
Fath al-Qadeer [which are books of the Hanafi madhhab] it says that it should be
when rinsing the mouth. In al-Badaa’i‘ and al-Mujtaba it says that it should be
before doing wudoo. But most scholars are of the former view, which is more likely
to be correct, because it makes the mouth cleaner.
End quote from al-Bahr al-Raa’iq, 1/21
Al-Zarkashi (may Allah have mercy on him) said:
The fact that it is mustahabb to use the siwaak is confirmed in several places, at
the time of prayer and when rinsing the mouth during wudoo’.
End quote from Sharh al-Zarkashi, 1/30
Al-Shirwaani (may Allah have mercy on him) said:
The view of the author – meaning Ibn Hajar al-Haytami – is in accordance with the
majority, that it should be before saying Bismillah. And the view we adopt is that
it should be after washing the hands and before rinsing the mouth.
End quote from Hawaashi al-Shirwaani, 1/221
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Using the siwaak when doing wudoo’ should be with rinsing the mouth, because this
is the point at which the mouth is purified and the siwaak is for purifying the
mouth, as it is narrated in a saheeh report from the Prophet (blessings and peace
of Allah be upon him) that he said: “The siwaak is purifying for the mouth and
pleasing to the Lord.” So the siwaak should come with rinsing the mouth, but if you
wish you may use the siwaak after finishing wudoo’ or if you wish you may use it
before you start, but it is better if it is done when rinsing the mouth.
End quote from al-Sharh al-Mukhtasar ‘ala Buloogh al-Maraam, 2/44
Al-Albāni is of the view it is done before the basmalah
2. Before prayer: the Prophet (peace and blessings of Allah be upon him) said: Were
it not for the fact that I did not want to make things too hard for my ummah, I
would have commanded them to use the siwak at every time of prayer. (Reported by
al-Bukhari, 2/299 and Muslim, 1/151). According to another report he said: at every
time of making wudu.
3. When entering one's home to be with one’s family.
‘Aishah was asked what the Messenger of Allah (peace and blessings of Allah be upon
him) did when he first came home. She said, When he entered his house, the first
thing he would do was to use the siwak. (Reported by Muslim, 1/220)
4. When getting up from sleep. Hudhayfah ibn al-Yaman (may Allah be pleased with
him) reported that when the Prophet (peace and blessings of Allah be upon him) got
up during the night, he would clean his mouth thoroughly with the siwak. (Reported
by al-Bukhari, 1/98 and Muslim, 1/220)
5. When the smell of one’s mouth changes: whether this is because of eating food
with a strong odour, or because of not eating or drinking for a long time, etc.
Siwak is cleansing for the mouth, which means that it should definitely be used
when the mouth needs cleaning
6. Before reciting the Qur’ān
7. Before death: When a person is dying, it is sunnah to wet the tip of a siwak
with water, softening it, as A’isha did for the Prophet ﷺ, and give it to the
dying person
The Mother of the Believers, A’isha (may God be pleased with her) said, “‘Abd al-
Rahman bin Abu Bakr entered upon the Prophet (peace and blessings be upon him)
while I was supporting the Prophet (peace and blessings be upon him) on my chest.
‘Abd al-Rahman had a fresh siwak and he was cleaning his teeth with it. God’s
Messenger (peace and blessings be upon him) looked at it, so I took the siwak, cut
it [chewed it with my teeth], shook it and made it soft [with water], and then gave
it to God’s Messenger (peace and blessings be upon him) who then cleaned his teeth
with it. I had never seen God’s Messenger (peace and blessings be upon him)
cleaning his teeth in a better way. After he finished brushing his teeth, he lifted
his hand or his finger and said three times, ‘O God! Let me be with the highest
companions,’ and then he passed away.” [al-Bukhari]
The scholars (may Allah have mercy on them) are agreed that there is nothing wrong
with using siwak during the day when one is fasting , but they differed with regard
to using it after noon, which some of them disliked (regarded as makruh). The
correct view is that it is sunnah for one who is fasting, just as it is for anyone
else, because of the general sense of the reports which prove that it is sunnah.
The Prophet (peace and blessings of Allah be upon him) did not make any exceptions
or state any specific time, and a statement that is general in nature should
continue to be taken as general unless there is evidence to indicate that it is
specific in application. The hadith used as evidence to forbid using siwak after
noon is attributed to ‘Ali ibn Abi Talib (may Allah be pleased with him), who is
quoted as saying that the Prophet (peace and blessings of Allah be upon him) said,
When you fast, use siwak in the morning but do not use it in the afternoon.
(Reported by al-Daraqutni)
This is a weak hadith. Ibn Hajar said, in al-Talkhis al-Habir, 1/62: a weak isnad).
There is no proof that this can be attributed to the Prophet (peace and blessings
of Allah be upon him). With regard to the use of the hadith, the odour that comes
from the mouth of the fasting person is better in the sight of Allah than the scent
of musk (reported by al-Bukhari, 2/29 and Muslim, 2/806) as evidence, this mouth
odour will not be dispelled by use of siwak because it is caused by the stomach
being empty, and it could occur early in the day if a person has not eaten suhur.
All the scholars are agreed that it is permissible for a fasting person to use
siwak early in the day. This shows that use of siwak is encouraged even when
fasting, and there is no difference between using it early in the day or later on.
What can be used as siwak?
The scholars are agreed that the best thing for cleaning the mouth is the twigs of
the arak tree, because of its good smell, and because it has brush-like fibers
which are effective for cleaning food particles etc. from between the teeth, and
because of the hadith of ‘Abd-Allah ibn Mas’ud (may Allah be pleased with him) who
said: I used to gather siwak sticks from the arak tree for the Messenger of Allah
(peace and blessings of Allah be upon him). (Reported by Ahmad, 3991; its isnad is
hasan, see al-Irwa 1/104)
If arak twigs are not available, the scholars recommended using palm-leaf stalks,
or twigs of the olive tree. The hadiths that have been narrated concerning this,
however, are not sahih.
The correct view is that any kind of sticks that are cleansing and not harmful may
be used instead of siwak, if it is not available, to clean the mouth and remove
dirt from the teeth. This includes modern toothbrushes which are known to be
beneficial in this regard
The scholars have stated that it is forbidden to use poisonous sticks, things that
are not pure and anything that may cause bleeding, illness or any other harm
Description of siwak:
The jurists have described the siwak as a stick of medium length and thickness, no
thicker than ones little finger, and free of knots. It should not be so wet that it
will twist, because then it will not remove dirt, nor should it be so dry that it
will hurt the mouth or crack during use. No doubt this is describing the ideal,
otherwise the reports do not specify any particular type of siwak. It is
permissible to use any kind of siwak that will do the job.
Left or right hand?:
The scholars have differed as to whether siwak should be done with the right hand
or the left hand. One group, the majority, think that it is better to use the right
hand, because of the general meaning of the hadith narrated by ‘Aishah (may Allah
be pleased with her), who said: The Messenger of Allah (peace and blessings of
Allah be upon him) liked to start with the right when putting on his shoes,
dismounting (from his camel), when cleaning himself, and in all things. (Agreed
upon). (They also say that) siwak is an act of worship and drawing closer to Allah,
so it should not be done with the left hand.
Other scholars say that it is better to use the left hand for siwak, because it
comes under the heading of removing dirt. This is the well-known opinion of Imam
Ahmad’s madhhab, and it is the view favoured by Shaykh al-Islam Ibn Taymiyah, may
Allah have mercy on him.
Some scholars have said that when a person is using siwak with the intention of
following the sunnah, he should use his right hand, and if he is doing it to remove
dirt, he should use his left hand. The fact of the matter is that this issue is
open, as there is no definitive evidence or report, and every opinion has a valid
point.
The jurists suggested that when using siwak, a person should start on the right,
and use a side-to-side motion rather than up-and-down, as the latter may harm the
gums.
Etiquette of using siwak
Among the etiquette of using siwak, they mentioned the following:
1. That a person should not use the siwak in front of others or in public, because
this is impolite.
2. That the siwak should be washed after use, to get rid of any dirt that may be on
it. ‘Aishah (may Allah be pleased with her) said: The Prophet (peace and blessings
of Allah be upon him) used to use siwak, then he would give it to me to wash it. I
would use it first, then wash it and give it back to him. (Reported by Abu Dawud,
1/45).
3. The siwak should be kept in a clean place.
Siwāk with fingers?:
The scholars differ as to whether it is acceptable to use one's fingers to clean
one's mouth when there is nothing else available. The correct view is that using
the fingers cannot be considered as a substitute for the sunnah action, because
there is no basis in Islam for doing so, and this method does not clean the mouth
as a siwak or similar instrument does. Modern methods of cleaning the teeth, like
toothbrushes and so on, that remove dirt and make the mouth smell good, are
acceptable.
There is nothing wrong with using siwak that is flavoured with mint, lemon and so
on, so long as they do not cause any harm. But a person who is fasting should avoid
using any flavoured siwak, and should only use natural siwak when he is fasting.
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Acts of fitrah(natural disposition):
1. Siwāk/Using the Miswāk
2. Istihdaad(shaving pubic hair): some scholars say it includes hair that might
grow around the back private part(anus) too
3. Circumcision(Khitān): for males is obligatory. Also for males you can't be clean
from urine otherwise because urine might be stuck there, thus causing you to have
impurity. For females it's Sunnah according to the correct opinion but some
scholars consider it obligatory.
4. Clipping nails
5: removing hair of armpits: plucking is best but shaving also works. ash shafi‘ī
couldn't bear the pain of plucking.
6. Letting the beard grow: it is haraam to shave your beard.
Ibn ‘Umar narrated that the Messenger of Allah (peace and blessings of Allah be
upon him) said: “Be different from the polytheists; let your beards grow and trim
your moustaches.” According to another report: “Trim your moustaches and let your
beards grow .
‘Umar ibn al-Khattab rejected the testimony of the person who plucked his beard.
Al-Imam Ibn ‘Abd al-Barr said in al-Tamhid: “It is forbidden to shave the beard,
and no one does this except men who are effeminate” i.e., those who imitate women.
The Prophet (peace and blessings of Allah be upon him) had a thick beard (reported
by Muslim from Jabir). It is not permitted to remove any part of the beard because
of the general meaning of the texts which forbid doing so.”
Although there is a view held by the hanafis which says that you can trim the parts
of the beard which goes below the fist however this is a weak view. The sahaabas
who did this did it out of their own ijtihaad there is no sahih hadeeth saying that
the prophet used to do so.
What I heard one of the hanbali scholars saying is “Shaving fully is haram.
Trimming what's below the fist is allowed, trimming what's above the fist(without
shaving the full beard) is makrooh”. But I don't hold this to be a strong opinion.
7. Cutting mustache short: this just means not letting the mustache fall on the
upper lip
he (peace and blessings of Allaah be upon him) said: “Whoever does not remove
anything from the moustache is not one of us.” Narrated by al-Tirmidhi (2685) and
classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
But there is a difference of opinion among the scholars as to how much may be
removed.
Al-Shawkaani said in Nayl al-Awtaar (1/148): The people differed as to the amount
that may be cut from the moustache. Many of the salaf were of the view that it may
be removed completely and shaved off, because of the apparent meaning of the words
shave and remove completely. This was the view of the Kufis [and is one view
narrated from Imam Ahmad. What is meant by the Kufis is the followers of Abu
Haneefah (may Allaah have mercy on him)].
Many others were of the view that it is not allowed to shave it or remove it
completely. This was the view of Maalik [and of al-Shaafa’i and of Ahmad, according
to another report from him].
Imam Maalik was very strict about shaving the moustache and regarded it as
mutilation for which a person deserved to be disciplined. He said that shaving it
was a bid’ah (innovation) which had appeared among the people. This was narrated
from him by al-Nawawi in al-Majmoo’ and by Ibn al-Qayyim in Zaad al-Ma’aad and
others, but the majority of scholars were of a different view, as they thought that
there was nothing wrong with shaving or cutting it, although they differed as to
which is better. End quote.
Al-Mardaawi said in al-Insaaf (1/121): He may shave his moustache or trim the ends,
but shaving is better. This was stated by him [i.e., Imam Ahmad]. End quote.
Ibn al-Qayyim stated in Zaad al-Ma’aad (1/171) that Imam Ahmad (may Allaah have
mercy on him) said: If he shaves it there is nothing wrong with it, and if he cuts
it there is nothing wrong with it. The evidence that Imam Ahmad quoted for that is
that the ahaadeeth enjoined shaving and cutting.
---
Anas (may Allah be pleased with him), who was the servant of the Messenger of Allah
(peace and blessings of Allah be upon him) said: “He set a time for us to trim our
moustaches, cut our nails, pluck our armpit hair and shave our pubic hair; we were
not to leave that for more than forty days.” Narrated by Imaam Muslim in al-Saheeh
(258).
Some scholars it's haram to leave these 5 for more than 40 days but others say it's
then doesn't become haram but it becomes only recommended to do these 5.
8. Istinshāq(breathing in water through the nose)
9. Washing the barājim(joints of the fingers)
10. Intiqās(istinjā’)