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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Shaykh’s remarks on wiping over the turban

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The Shaykh : ... We have passed over the topic of wiping over the turban without discussing it. The turban is wiped over, but this is specific to men. As for women, they do not wipe over turbans, nor is it permissible for them to wear turbans, because that falls under the category of imitating men. The Prophet (peace and blessings be upon him) cursed the women who imitate men. Here we raise a question: Is the women’s pant considered imitating men?
Until now, we say yes, because that is not customary for women. Therefore, it is not permissible for a woman to wear pants, even if she is with her husband, because the operative cause is not that it reveals the size of her private parts, but rather that it is a characteristic of men’s clothing. This is a matter that may be hidden from some women.
So, the turban must be on the man. Is it a condition that it be worn while in a state of ritual purity? Does it have a specific time limit? Is it wiped over in the case of minor and major ritual impurity?
As for the first point: There is nothing in the Sunnah indicating that it is a condition to wear it while in a state of ritual purity. Analogizing it to the leather socks is an analogy with a difference, assuming we accept analogy in acts of worship. The difference is that the man’s obligation is the full ritual bath, while the obligation for the head is wiping, and the purity required for wiping is lighter. Therefore, if it is required that the leather socks be worn while in a state of ritual purity, it is not required that the turban be worn while in a state of ritual purity.
The second point: Does it have a specific time limit?
The answer: There is scholarly disagreement on this. Some scholars say it is like the leather sock, by analogy with it. The correct view is that it has no specific time limit. As long as it is on your head, wipe over it, and if you take it off, do not wipe over it. It is known that if you take it off, it is not on your head, because there is no evidence specifying its duration. Analogizing it to the leather sock is like the first point; we say it is like the first point in that the leather sock is worn on a limb that must be washed, while this is on a limb that does not have to be washed, so it is lighter.
The third point: Is it wiped over in both states of impurity? The answer is no; it is wiped over in the case of minor ritual impurity, because there is nothing to wipe over in the case of major ritual impurity. Also, it was narrated from the Prophet (peace and blessings be upon him):
There is sexual defilement under every hair أن تحت كل شعرة جنابة
Sunan Abi Dawud 248Da'if (Al-Albani)
Therefore, it is necessary to remove the turban and wash the head in the case of major ritual impurity.
Now, are the cap, the shemagh, and the ghutra included with the turban, or not?
They are not included, just as the sandal is not included with the leather sock due to the ease of removing the sandal. Here we say it is due to the ease of removing the cap and the ghutra. For this reason, if a person were to wear what people call a hat, do you know it? A hat is something worn over the entire head, with a band that connects to the neck, and people wear it in winter days. The jurists differed on whether it is wiped over or not.
The correct view is that it is wiped over, because the operative cause in the turban is present in it, or even more so. The turban is on top of the head, and it is easy to wipe over it like this. But this requires removing it and then putting it back on, and the entire head is kept warm by it. So if one opened the head in cold days while it is warm from this hat, that would expose one to harm. This is often worn by those who have long journeys, such as drivers of large transport vehicles. This is what we wanted to discuss, because we actually think we have not discussed it at all.

The questioner : ...

The Shaykh : The correct view is that it is not a condition for it to be knotted or to have a tail. The Hanbali jurists (may Allah have mercy on them) say among us that it must be knotted or have a tail, but the correct view is that it is not a condition.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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