What is the ruling on wiping over the leather socks in the cold in Afghanistan?
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The questioner : What is the ruling on wiping over the leather socks, especially in the cold in Afghanistan, where there is a lot of snow? What is the description of the leather sock? What is the specified duration? And does the duration increase for the mujahid?
The Shaykh : Answer: Wiping over the leather socks is a dispensation and not the default ruling; that is, whoever wishes to wipe over the leather socks may do so, and whoever wishes not to wipe may not; he performs the full ritual bath, and there is no difference in this between one day and another, or one season and another. However, the general principle and the general text lead us to choose the superiority of wiping over the leather socks; due to his saying (peace and blessings be upon him) in the authentic hadith:Sahih Ibn Hibban 6:48, and in another narration: Bulugh al-Maram 2:341. So because of this hadith, and because Islam is based on ease: [Al-Baqarah 2:185], we see that it is better that a person not burden himself by removing his leather socks, socks, or shoes without need, except to implement the ruling of the Shari'ah. Among these rulings is that the resident wipes for one day and one night, and then he must remove them, and the traveler wipes for three days and their nights, and then he must remove them.
If this is the ruling on wiping, that it is the best, for what we mentioned of the hadith with its two narrations.
The questioner: Yes.
The Shaykh : So it is even more fitting and more fitting that it be so in those cold countries in Afghanistan.
The questioner: Yes.
The Shaykh : And there is no condition regarding what is wiped over, whether it is a leather sock or something else of what we mentioned, except what came in the hadith regarding the condition of one day and one night for the resident, and the three days and their nights for the traveler.
So if the leather sock is torn or holed, as long as it is a leather sock and worn on the feet, and he has not removed it, or it has not been removed, or it has not been taken off, throughout the days of wiping; then it is permissible to wipe over it, whatever its condition. And may Allah have mercy on al-Hasan al-Basri, the imam, the mujahid, the scholar, where he said: "The socks of the Ansar were nothing but" – he probably mentioned the Muhajireen as well – so he said: "The socks of the Muhajireen and the Ansar were nothing but holed."
The questioner: Yes.
The Shaykh : So it is not required, then, in wiping over the leather socks or anything else, any condition other than adhering to the duration.
The questioner: Yes.
The Shaykh : And there is another condition known to everyone; that it be worn while in a state of ritual purity.
Now, is it permissible for the mujahid to wipe for more than three days and their nights?
We say: We do not have a text permitting this, and the implication of the previous hadith, where it restricted wiping to three days, prevents increasing beyond that. However, it has been established with a sound chain in "Sunan al-Daraqutni," "Sunan al-Bayhaqi," and others, that 'Uqbah ibn 'Amir came as a messenger – I think it was 'Uqbah ibn 'Amir – he came as a messenger to 'Umar ibn al-Khattab and did not remove his shoes throughout his journey, or his leather socks, he did not remove his leather socks, and he continued to wipe over them throughout his journey; until he reached Madinah; meaning in about ten days. So 'Umar said to him: "You have hit upon the Sunnah." We can take from this sound report from the Commander of the Believers, the hadith scholar, the one inspired by revelation, where the Qur'an was revealed in accordance with his independent legal reasoning and derivation; we can take from it that the mujahid in special circumstances, which he assesses, is permitted to wipe with an absolute wiping not restricted by the three days.
The questioner: Yes.
The Shaykh : Especially since this is the school of jurisprudence of Imam Malik in ordinary days; meaning he does not restrict wiping to a duration. And this, of course, we do not see as correct in this absolute sense. But we benefit from this expansion in the time when we need this expansion, as long as it has been established what can be taken from it regarding this expansion from the aforementioned report from 'Umar just now.
Perhaps this amount is sufficient.
The Shaykh : Answer: Wiping over the leather socks is a dispensation and not the default ruling; that is, whoever wishes to wipe over the leather socks may do so, and whoever wishes not to wipe may not; he performs the full ritual bath, and there is no difference in this between one day and another, or one season and another. However, the general principle and the general text lead us to choose the superiority of wiping over the leather socks; due to his saying (peace and blessings be upon him) in the authentic hadith:
Indeed, Allah loves that His dispensations be taken, just as He loves that His strict rulings be taken
إن الله يحبُّ أن تُؤتى رُخَصُه كما يحبُّ أن تُؤتى عزائمهjust as he dislikes that disobedience to Him be committed
كما يكره أن تُؤتى معصيتُهAllah intends for you ease and does not intend for you hardship
يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَIf this is the ruling on wiping, that it is the best, for what we mentioned of the hadith with its two narrations.
The questioner: Yes.
The Shaykh : So it is even more fitting and more fitting that it be so in those cold countries in Afghanistan.
The questioner: Yes.
The Shaykh : And there is no condition regarding what is wiped over, whether it is a leather sock or something else of what we mentioned, except what came in the hadith regarding the condition of one day and one night for the resident, and the three days and their nights for the traveler.
So if the leather sock is torn or holed, as long as it is a leather sock and worn on the feet, and he has not removed it, or it has not been removed, or it has not been taken off, throughout the days of wiping; then it is permissible to wipe over it, whatever its condition. And may Allah have mercy on al-Hasan al-Basri, the imam, the mujahid, the scholar, where he said: "The socks of the Ansar were nothing but" – he probably mentioned the Muhajireen as well – so he said: "The socks of the Muhajireen and the Ansar were nothing but holed."
The questioner: Yes.
The Shaykh : So it is not required, then, in wiping over the leather socks or anything else, any condition other than adhering to the duration.
The questioner: Yes.
The Shaykh : And there is another condition known to everyone; that it be worn while in a state of ritual purity.
Now, is it permissible for the mujahid to wipe for more than three days and their nights?
We say: We do not have a text permitting this, and the implication of the previous hadith, where it restricted wiping to three days, prevents increasing beyond that. However, it has been established with a sound chain in "Sunan al-Daraqutni," "Sunan al-Bayhaqi," and others, that 'Uqbah ibn 'Amir came as a messenger – I think it was 'Uqbah ibn 'Amir – he came as a messenger to 'Umar ibn al-Khattab and did not remove his shoes throughout his journey, or his leather socks, he did not remove his leather socks, and he continued to wipe over them throughout his journey; until he reached Madinah; meaning in about ten days. So 'Umar said to him: "You have hit upon the Sunnah." We can take from this sound report from the Commander of the Believers, the hadith scholar, the one inspired by revelation, where the Qur'an was revealed in accordance with his independent legal reasoning and derivation; we can take from it that the mujahid in special circumstances, which he assesses, is permitted to wipe with an absolute wiping not restricted by the three days.
The questioner: Yes.
The Shaykh : Especially since this is the school of jurisprudence of Imam Malik in ordinary days; meaning he does not restrict wiping to a duration. And this, of course, we do not see as correct in this absolute sense. But we benefit from this expansion in the time when we need this expansion, as long as it has been established what can be taken from it regarding this expansion from the aforementioned report from 'Umar just now.
Perhaps this amount is sufficient.
Source
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