What is the ruling on the conditions that some scholars have set for wiping over leather socks and socks? Along with continuing the discussion on the previous issue.
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The questioner : ... .
The Shaykh : They are ijtihad (independent legal reasoning). Do you know what ijtihad is in Islam?
The questioner : ... .
The Shaykh : So, as everyone knows, ijtihad is based on something called qiyas (analogical reasoning), and qiyas is subject to error and correctness.
Another questioner : Were they all on ...?
The Shaykh : All of them? Why is there scholarly consensus on the issue?
Another questioner : Near-consensus.
The Shaykh : So, since there is no consensus, be at ease. As long as it is near-consensus and not consensus, we return to the noble verse:[An-Nisa 4:59].
The questioner : ... .
The Shaykh : If you permit me, we discussed the Kurdish socks. What is your opinion if Imam al-Nawawi narrates from 'Umar ibn al-Khattab the permissibility of wiping over thin socks? Or do we not consider 'Umar ibn al-Khattab among the imams of the Muslims because he does not have a madhhab (school of jurisprudence)? If he had a madhhab, we would have named it the fifth madhhab! This is what Muslims have been afflicted with today. So, there is disagreement in this issue. If you differ, return to ... the Book and the Sunnah. Since there is no consensus here first, and no established, certain consensus, it is not said: "By Allah, the Muslims have agreed." Then you find the great Companions differed on that, so there is no consensus. If a firm consensus came to us, head and eye, because Allah (Mighty and Majestic) says: [An-Nisa 4:115], but this is in correct consensus where there is absolutely no dissent among the Muslims. As for our case, for example, the Faruq (the one who distinguishes right from wrong) dissented, to whom the Messenger (peace and blessings be upon him) said: Musannaf Ibn Abi Shaybah 29:362. So what compels me, in this state, to leave the statement of 'Umar, which aligns with the statement of Allah (Mighty and Majestic): [Al-Baqarah 2:185], and take the statement of the one who conditions that the sock be thick, and that it be possible to walk a certain distance, and so on, and which restricts people as we explained? I do not think this is something that a Muslim man should do.
Another questioner : There is a questioner who is still standing at the door.
The Shaykh: Go ahead.
The questioner : Does removing the sandals or socks invalidate the wudu' (the ablution for prayer)?
The Shaykh : If the one who wipes over the thing wiped over, whether it is socks or sandals, removes them, his wudu' is valid until it is invalidated by one of the invalidators of wudu'.
Eid Abbasi : In any case ... the treatise of "al-Qasimi".
The Shaykh : The professor here reminds us of 'Id 'Abassi of a treatise by a scholar of the Levant in his time, who was near death, namely Shaykh "Jamal al-Din al-Qasimi," on wiping over socks. This treatise is unique in its field; the author compiled and summarized what is related to transmitting texts from the Salaf (the earliest generations), including Companions, Tabi'un (the generation after the Companions), and mujtahid (a scholar qualified to derive rulings) imams, regarding the permissibility of wiping over socks. The treatise was recently printed one or two years ago, and I appended to it important rulings concerning these conditions that we mentioned. It is printed, so you can request it to see the detailed research on this important issue, as it is among the matters that Allah (Mighty and Majestic) has made easy for the Muslims.
The Shaykh : They are ijtihad (independent legal reasoning). Do you know what ijtihad is in Islam?
The questioner : ... .
The Shaykh : So, as everyone knows, ijtihad is based on something called qiyas (analogical reasoning), and qiyas is subject to error and correctness.
Another questioner : Were they all on ...?
The Shaykh : All of them? Why is there scholarly consensus on the issue?
Another questioner : Near-consensus.
The Shaykh : So, since there is no consensus, be at ease. As long as it is near-consensus and not consensus, we return to the noble verse:
And if you disagree over anything, refer it to Allah and the Messenger
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِThe questioner : ... .
The Shaykh : If you permit me, we discussed the Kurdish socks. What is your opinion if Imam al-Nawawi narrates from 'Umar ibn al-Khattab the permissibility of wiping over thin socks? Or do we not consider 'Umar ibn al-Khattab among the imams of the Muslims because he does not have a madhhab (school of jurisprudence)? If he had a madhhab, we would have named it the fifth madhhab! This is what Muslims have been afflicted with today. So, there is disagreement in this issue.
Then if you dispute
فَإِنْ تَنَازَعْتُمْAnd whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination.
وَمَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَى وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ نُوَلِّهِ مَا تَوَلَّى وَنُصْلِهِ جَهَنَّمَ وَسَاءَتْ مَصِيرًاYou did not take a path except that Satan took a path other than your path
ما سلكتَ فجًّا إلا سَلَكَ الشيطان فجًّا غير فجِّكAllah intends for you ease and does not intend for you hardship
يُرِيدُ اللَّهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَAnother questioner : There is a questioner who is still standing at the door.
The Shaykh: Go ahead.
The questioner : Does removing the sandals or socks invalidate the wudu' (the ablution for prayer)?
The Shaykh : If the one who wipes over the thing wiped over, whether it is socks or sandals, removes them, his wudu' is valid until it is invalidated by one of the invalidators of wudu'.
Eid Abbasi : In any case ... the treatise of "al-Qasimi".
The Shaykh : The professor here reminds us of 'Id 'Abassi of a treatise by a scholar of the Levant in his time, who was near death, namely Shaykh "Jamal al-Din al-Qasimi," on wiping over socks. This treatise is unique in its field; the author compiled and summarized what is related to transmitting texts from the Salaf (the earliest generations), including Companions, Tabi'un (the generation after the Companions), and mujtahid (a scholar qualified to derive rulings) imams, regarding the permissibility of wiping over socks. The treatise was recently printed one or two years ago, and I appended to it important rulings concerning these conditions that we mentioned. It is printed, so you can request it to see the detailed research on this important issue, as it is among the matters that Allah (Mighty and Majestic) has made easy for the Muslims.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.