Approximate elaboration of the issue of facing the qiblah and turning one's back to it while urinating or defecating, and giving an example of the ruling on exposing the thigh, the texts that have come regarding it, and how to reconcile them
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The Shaykh : But may Allah reward you with good, you have reminded me to approximate the topic with another example:
You also know that the scholars differed in defining the 'awrah (part of the body that must be covered) of a man. The majority hold that the 'awrah of a man is what is between the navel and the knee. As for Imam Malik, it is reported from him in one narration that the 'awrah is only the two private parts and that the thighs are not part of the 'awrah. The evidence for this view is what came in *Sahih Muslim* and other books of the Sunnah: This hadith is valid and narrated in the book of al-Sunan, but in the interest of precision in the narration: the hadith came in *Sahih Muslim* as: Sahih Muslim 2401, but in some other books that I mentioned earlier, including the book *Sharh Ma'ani al-Athar* by Abu Ja'far al-Tahawi and others, it came with the wording: In that case, it is valid to use it as evidence that the thigh—at least at that time—was not 'awrah.
So now, this story resembles the story of what is authentic that the Prophet (peace and blessings be upon him) faced the qiblah while urinating or defecating. But just as what is authentic from the Prophet (peace and blessings be upon him) was contradicted by what we mentioned earlier, and there is no need to repeat it, so too was the story of Uthman ibn 'Affan with the Prophet (peace and blessings be upon him and his family) in this story contradicted by his saying (peace and blessings be upon him):. And resembling the story of Uthman is what came in *Sahih al-Bukhari* from Anas ibn Malik: This is like that hadith in which the Prophet (peace and blessings be upon him and his family) uncovered the garment from his thigh. However, from the hadith perspective, it is objected to that Muslim (may Allah have mercy on him) narrated it with the wording: The wording of al-Bukhari: The wording of Muslim: And in that case, doubt enters into the argumentation in the narration of al-Bukhari, the apparent meaning of which is that the Prophet (peace and blessings be upon him and his family) intended to expose his thigh. If the narration had been like this by agreement of the two Shaykhs, it could have been said that the hadith indicates that the thigh is not 'awrah. But when the narration of Muslim came with the wording: , in that case, this wording does not mean that the Prophet (peace and blessings be upon him and his family) intended to uncover the garment from his thigh, so the argumentation with this hadith that he (peace and blessings be upon him) deliberately exposed his thigh does not hold. What strengthens the narration of Muslim is that the context of the story is: And the one fighting in this state does not notice that the garment slipped or the thigh was exposed, because he is in a matter more important than that. So no person is held accountable for what happened to him unintentionally. If it were assumed that in this hadith the Messenger (peace and blessings be upon him) intended to expose his thigh, the answer to this hadith and to the hadith of Uthman with the Prophet (peace and blessings be upon him) is the two principles mentioned in the previous research: "When speech and action contradict, speech is given precedence over action". His (peace and blessings be upon him) exposure of his thigh contradicts his saying: .
The second principle: "When the prohibitive and the permissive contradict, the prohibitive is given precedence over the permissive". His (peace and blessings be upon him) saying: is prohibitive, and his exposure in the first story and his exposure in the other story, if it is true that he intended it, is an action that contradicts the speech. So speech is given precedence over action, and the speech is prohibitive, so the prohibitive is given precedence over the permissive, which is the action.
This is how hadiths that may appear to have some contradiction between them should be treated. When the methods of reconciling them are applied to them, the problem is often resolved.
So if you find among the hadiths an action and a speech that contradict each other, the speech is given precedence over the action, especially if the speech is prohibitive and the action is permissive.
You also know that the scholars differed in defining the 'awrah (part of the body that must be covered) of a man. The majority hold that the 'awrah of a man is what is between the navel and the knee. As for Imam Malik, it is reported from him in one narration that the 'awrah is only the two private parts and that the thighs are not part of the 'awrah. The evidence for this view is what came in *Sahih Muslim* and other books of the Sunnah:
That the Prophet (peace and blessings be upon him and his family) came to a garden or a palm grove in which there was a well, so he lowered his legs into this well, and uncovered his legs and part of his thighs. So Abu Bakr asked permission to enter upon him, so he gave him permission, and he sat to the right of the Prophet (peace and blessings be upon him and his family). Then 'Umar asked permission and entered and sat to the left of the Prophet (peace and blessings be upon him and his family), and he was in his state, having not changed anything of what he had of exposing part of his thighs. Then Uthman (may Allah be pleased with him) asked permission, so he said: "Let him in and give him the glad tidings of Paradise despite a trial that will befall him." So he entered (may Allah be pleased with him), and the Prophet covered his thigh. And the Lady of the Believers, 'A'ishah (may Allah be pleased with her), was observing this incident, so when they left, she said: "O Messenger of Allah, Abu Bakr entered—meaning her father—and sat, and you did not change anything of your clothes. Then 'Umar entered and you were like that. Then when Uthman entered, you threw your garment over yourself." He (peace and blessings be upon him) said: "Should I not be shy of the one of whom the angels are shy?"
أن النبي صلى الله عليه وآله وسلم أتى حديقةً أو نخيلًا فيه بئر فدلى رجليه في هذا البئر، وكشف عن ساقيه وعن شيء من فخذيه، فاستأذن أبو بكر بالدخول عليه فأذن له وجلس عن يمين النبي صلى الله عليه وآله وسلم، ثم استأذن عمر فدخل فجلس عن يسار النبي صلى الله عليه وآله وسلم، وهو على حاله لم يغير شيئًا مما كان عليه من كشف شيء مِن فخذيه، ثم استأذن عثمان -رضي الله عنه- فقال: ائذنوا له وبشروه بالجنة على بلوى تصيبه، فدخل -رضي الله عنه- وستر النبي فخذه، وكانت السيدة أم المؤمنين عائشة -رضي الله عنها- تراقب هذه الحادثة فلما انصرفوا قالت: يا رسول الله دخل أبو بكر -تعني أباها- فجلس ولم تغير شيئًا من ثيابك، ثم دخل عمر وأنت كذلك، ثم عثمان لما دخل ألقيت عليك ثوبك قال عليه الصلاة والسلام: أفلا أستحي ممن تستحي منه الملائكةwith his thigh uncovered
كاشفًا عن فخذيه أو ساقيهUncovering his thigh
كاشفًا عن فخذهSo now, this story resembles the story of what is authentic that the Prophet (peace and blessings be upon him) faced the qiblah while urinating or defecating. But just as what is authentic from the Prophet (peace and blessings be upon him) was contradicted by what we mentioned earlier, and there is no need to repeat it, so too was the story of Uthman ibn 'Affan with the Prophet (peace and blessings be upon him and his family) in this story contradicted by his saying (peace and blessings be upon him):
The thigh is 'awrah
الفخذ عورةThat the Prophet (peace and blessings be upon him and his family), when he entered Khaybar on his horse, slipped his waistcloth from his thigh
أن النبي صلى الله عليه وآله وسلم لما دخل خيبر على فرسه حسر الإزار عن فخذهthe garment slipped up
انحسر الإزارSlipped his waistcloth
حسر الإزارthe garment slipped up
انحسر الإزارslipped up
انحسرThat the Prophet (peace and blessings be upon him and his family) rode his horse, pursuing the Jews in combat
أن النبي صلى الله عليه وآله وسلم ركض بفرسه مطالبًا اليهود محاربًاThe thigh is 'awrah
الفخذ عورةThe second principle: "When the prohibitive and the permissive contradict, the prohibitive is given precedence over the permissive". His (peace and blessings be upon him) saying:
The thigh is 'awrah
الفخذ عورةThis is how hadiths that may appear to have some contradiction between them should be treated. When the methods of reconciling them are applied to them, the problem is often resolved.
So if you find among the hadiths an action and a speech that contradict each other, the speech is given precedence over the action, especially if the speech is prohibitive and the action is permissive.