If the time for wiping has elapsed, is wudu' obligatory? 2
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Question : If someone were to say: Do you not make wudu' obligatory upon him as a precaution?
Answer : Yes, we say: There is no doubt that precaution is a broad door, but what is precaution? Is it adhering to the stricter view, or adhering to the easier view, or adhering to what the Shari'ah has prescribed?
The latter, the latter. So if we are in doubt whether the Shari'ah has prescribed it or not? The scholars have differed on whether to follow the easier or the stricter view. Some scholars said to follow the easier view, because the default is the innocence of the conscience, and because the religion is built on ease and simplicity. Other scholars said to follow the stricter view, because it is more cautious and further from doubt. But in our case, regarding the issue of invalidating wudu', we have a principle established for us by the Prophet (peace and blessings be upon him) concerning the man who suspects he has passed something during prayer. He said: "Do not leave until you hear a sound or smell a gas." So the Messenger (peace and blessings be upon him) did not make wudu' obligatory except for the one who is certain of the cause of its obligation, namely until he hears a sound or smells a gas. There is no difference between the cause of obligation being doubtful in terms of reality, as in the hadith, or in terms of the legal ruling, for all of it involves ignorance. This one is ignorant of the reality: did it happen or not? And this one is ignorant of the Shari'ah: does this make it obligatory or not? If the Messenger (peace and blessings be upon him) said Sahih Muslim 361, we know that we do not invalidate wudu' except with what? Except with certainty. And here there is no certainty. Rather, the stronger position, which is the most likely, is that what the Shaykh al-Islam (may Allah have mercy on him) held is more correct, which is that purity is not invalidated by the expiration of the time, due to the lack of evidence. And we say: Any person who brings evidence, it is obligatory for us to follow the evidence.
But if there is no evidence, it is not permissible for us to impose on the servants of Allah what Allah has not imposed on them, because we are accountable. The scholars are trustees of the Shari'ah. They cannot impose on the servants of Allah what does not bind them, nor can they make lawful for the servants of Allah what is forbidden to them. They are trustees like agents. For this reason, it came in the hadith that they are the heirs of the prophets.
Answer : Yes, we say: There is no doubt that precaution is a broad door, but what is precaution? Is it adhering to the stricter view, or adhering to the easier view, or adhering to what the Shari'ah has prescribed?
The latter, the latter. So if we are in doubt whether the Shari'ah has prescribed it or not? The scholars have differed on whether to follow the easier or the stricter view. Some scholars said to follow the easier view, because the default is the innocence of the conscience, and because the religion is built on ease and simplicity. Other scholars said to follow the stricter view, because it is more cautious and further from doubt. But in our case, regarding the issue of invalidating wudu', we have a principle established for us by the Prophet (peace and blessings be upon him) concerning the man who suspects he has passed something during prayer. He said: "Do not leave until you hear a sound or smell a gas." So the Messenger (peace and blessings be upon him) did not make wudu' obligatory except for the one who is certain of the cause of its obligation, namely until he hears a sound or smells a gas. There is no difference between the cause of obligation being doubtful in terms of reality, as in the hadith
or from the perspective
أو من حيثHe should not return (from prayer) unless he hears a sound
لا ينصرف حتى يسمع صوتا أوBut if there is no evidence, it is not permissible for us to impose on the servants of Allah what Allah has not imposed on them, because we are accountable. The scholars are trustees of the Shari'ah. They cannot impose on the servants of Allah what does not bind them, nor can they make lawful for the servants of Allah what is forbidden to them. They are trustees like agents. For this reason, it came in the hadith that they are the heirs of the prophets.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 406إذا تمت مدة المسح هل يجب الوضوء2📔 الشرح الممتع على زاد المستقنع - ابن عثيمين - مشروع كبار العلماء — youtube.com
The Arabic text is a machine transcription of the audio recording.
