What is the ruling on the conditions that some scholars have set for wiping over leather socks and cotton socks? With a continuation of the discussion on the previous issue.
Machine translationRead the Arabic original
The questioner : ... .
The Shaykh : These are independent legal reasoning (ijtihad); you know that there is ijtihad in Islam, and ijtihad is based, as everyone knows, on something called analogical reasoning (qiyas). Qiyas is subject to error and correctness. They all agree... if there is no consensus (ijma'), rest easy. As long as it is near-consensus but not actual consensus, then we return to the noble verse:[An-Nisa 4:59].
The questioner : ... .
The Shaykh : If you permit me, we spoke about the Kurdish socks. What is your opinion if Imam al-Nawawi narrates from 'Umar ibn al-Khattab the permissibility of wiping over thin socks? Otherwise, we do not consider 'Umar ibn al-Khattab one of the Imams of the Muslims because he does not have a school of jurisprudence (madhhab); if he had a madhhab, we would have named it the fifth madhhab! This is what Muslims are afflicted with today. So, if there is scholarly disagreement (khilaf) in the issue, if you differ, refer it to the Book and the Sunnah. When there is no consensus here first, and no certain, established consensus—where one does not say, "By Allah, the Muslims have agreed," and then one finds the great Companions differed on it, so there is no consensus. If a certain consensus comes to us, head and eye, because Allah the Exalted says: [An-Nisa 4:115] But this is in correct consensus where there is absolutely no dissent among the Muslims. As for the issue where I differ with the Faruq (the Second Caliph), to whom the Messenger (peace and blessings be upon him) said: , what compels me, in this state, to leave the statement of 'Umar, which aligns with the saying of the Exalted: [Al-Baqarah 2:185], and take the statement of one who conditions that the sock be thick and that one can travel a certain distance, and so on, which imposes restrictions on people as we explained? I do not think this is something that a Muslim man should engage in. Please proceed.
The questioner : Does the ablution (wudu') become invalid after removing the sandals or socks?
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'.
The questioner : ... .
The Shaykh : The professor here reminds us of a letter by a scholar of the Levant in his time, who was near death, namely Shaykh Jamal al-Din al-Qasimi, regarding wiping over socks. This letter is unique in its genre; the author compiled and summarized the transmission of texts from the Companions, the Successors, and the independent jurists regarding the permissibility of wiping over socks. The letter was recently printed, one or two years ago, and was appended with important rulings concerning the conditions we mentioned. It is printed, so you can request it to see the detailed research on this important issue, which is among the matters in which Allah the Exalted has made ease for the Muslims.
The Shaykh : These are independent legal reasoning (ijtihad); you know that there is ijtihad in Islam, and ijtihad is based, as everyone knows, on something called analogical reasoning (qiyas). Qiyas is subject to error and correctness. They all agree... if there is no consensus (ijma'), rest easy. As long as it is near-consensus but not actual consensus, then we return to the noble verse:
And if you disagree over anything, refer it to Allah and the Messenger
فإن تنازعتم في شيء فردوه إلى الله والرسولThe questioner : ... .
The Shaykh : If you permit me, we spoke about the Kurdish socks. What is your opinion if Imam al-Nawawi narrates from 'Umar ibn al-Khattab the permissibility of wiping over thin socks? Otherwise, we do not consider 'Umar ibn al-Khattab one of the Imams of the Muslims because he does not have a school of jurisprudence (madhhab); if he had a madhhab, we would have named it the fifth madhhab! This is what Muslims are afflicted with today. So, if there is scholarly disagreement (khilaf) in the issue,
If you dispute...
فإن تنازعتم ...And 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.
ومن يشاقق الرسول من بعد ما تبين له الهدى ويتبع غير سبيل المؤمنين نوله ما تولى ونصله جهنم وساءت مصيراNo private part is opened except that Satan enters it, except your private part.
ما سكلت فجا إلا سلك الشيطان فجا غير فجكAllah intends for you ease and does not intend for you hardship
يريد الله بكم اليسر ولا يريد بكم العسرThe questioner : Does the ablution (wudu') become invalid after removing the sandals or socks?
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'.
The questioner : ... .
The Shaykh : The professor here reminds us of a letter by a scholar of the Levant in his time, who was near death, namely Shaykh Jamal al-Din al-Qasimi, regarding wiping over socks. This letter is unique in its genre; the author compiled and summarized the transmission of texts from the Companions, the Successors, and the independent jurists regarding the permissibility of wiping over socks. The letter was recently printed, one or two years ago, and was appended with important rulings concerning the conditions we mentioned. It is printed, so you can request it to see the detailed research on this important issue, which is among the matters in which Allah the Exalted has made ease for the Muslims.