Review and Discussion under the Chapter of Ablution
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The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment.
We have not discussed this, but there is no harm in raising it. Is ablution specific to this Ummah, or is it for all nations?
The student: ...
The Shaykh : I did not ask you for the evidence. It is general for all nations and not specific to this Ummah. So, what is the evidence?
The student: ...
The Shaykh : Do you see it as specific?
The student: Yes.
The Shaykh : So, there are two opinions then.
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : Yes.
The student: ...
The Shaykh : Yes, meaning it is general for the nations. What is the specific thing for this Ummah regarding ablution?
The student: ... and the whiteness.
The Shaykh : That they will be called on the Day of Resurrection with bright faces and white marks. That is complete. And this is the apparent meaning of the Sunnah, based on his saying (peace and blessings be upon him):Sahih al-Bukhari 438 It mentions among them tayammum (dry ablution) when water is absent, which indicates that others purify themselves like our purification, except for tayammum. And likewise, So the apparent meaning is that the specificity is this reward that this Ummah receives.
So, in the hadith we read, there are principles of jurisprudence, one of which is that the default ruling for a command is obligation?
The student: The saying of the Prophet (peace and blessings be upon him):Muwatta Malik 2:114.
The Shaykh : What is the mode of indication?
The student: His saying:.
The Shaykh : What is the mode of indication? This is the evidence, but what is the mode of indication?
The student: Because he refrained from commanding them to make miswak obligatory upon them, fearing that the command would be obligatory upon them.
The Shaykh : Meaning, it is not fully clear.
The student: It is understood from it that if he had commanded them, it would have been burdensome for them, and the burden would not exist except with obligation, because they would not be able to leave it.
The Shaykh : What is the mode of indication that it is?
The student: That if he had commanded them...
The Shaykh : It would have been obligatory and burdensome for them, and if the command were for recommendation, it would not have been burdensome for them. That is complete. So, we mentioned that this is the well-known view among many scholars of principles, but there is another opinion that says the default ruling is? Forgive me?
The student: ...
The Shaykh : Yes, if it is for worship, it is obligatory, and if it is for custom, it is a recommended practice, because worship is required of a person, and he was not created except for it, unlike customs, which are... so it is for recommendation. Is there a third opinion?
The student: That the command is for recommendation.
The Shaykh : That the command is for recommendation absolutely. What is the evidence or the reasoning?
The student: ... so either it is obligatory or recommended, and the default ruling is that there is no sin in leaving it, so it is recommended.
The Shaykh : Yes, they said that the command for it indicates its prescription, and the default ruling is that there is no sin in leaving it, and this is the reality of recommendation. So, his saying: Is the intended meaning the tool used for miswak, O Harun? Or the action?
The student: ...
The Shaykh : ... Ibn Jinni ... there are not two opinions here!
The student: ...
The Shaykh : Do you know the case of Ibn Jinni?
The student: Yes, indeed.
The Shaykh : Very well.
The student: The miswak here is the action.
The Shaykh : The action. Well done. Meaning, the Messenger’s intention here is not that we hold the miswak in our hands; what is the benefit? So the intended meaning is the action, using the miswak, i.e., the act of miswaking at every ablution. Where is its place according to what the scholars said?
The student: During ablution.
The Shaykh : During ablution, before, or after, or in the middle?
The student: During the mouth rinse.
The Shaykh : During the mouth rinse, because that is the place of purifying the mouth. This indicates that the states in which miswak is recommended are ablution. Is there anything else?
The student: When reciting the Qur'an.
The Shaykh : When reciting the Qur'an, but the scholars mentioned this, and I think it is by juristic preference.
The student: Before prayer.
The Shaykh : Before his prayer. So, these are three. Yes?
The student: When waking up from sleep.
The Shaykh : When waking up from sleep. Four.
The student: When entering the house.
The Shaykh : When entering the house. Five.
The student: When the smell of the mouth changes.
The Shaykh : When the smell of the mouth changes. What is the evidence for the last issue?
The student: The saying of the Prophet (peace and blessings be upon him):Sunan an-Nasa'i 5Sahih (Darussalam).
The Shaykh : The saying of the Prophet (peace and blessings be upon him):Sunan an-Nasa'i 5Sahih (Darussalam). So, what?
The student: ...
The Shaykh : We mentioned it. In truth, it may be negligence on my part, otherwise if I had conveyed it to you, it would have been good.
The student: When...
The Shaykh : How? This is the change of the mouth. In any case, some scholars say when there is prolonged silence, because it is common that prolonged silence causes a change in the smell of the mouth, because no air enters or exits the mouth, so it becomes a cause for the change in the smell of the mouth. But if we say when the smell of the mouth changes, that is sufficient. So, is there an exception for any of the times? Some scholars mentioned that it is disliked for the fasting person to use miswak after the sun passes its zenith, and they reasoned with a weak reason. The reason is that at the end of the day for the fasting person, especially with a long day, a bad smell emanates from his stomach, and this smell is called the bad breath of the fasting person, and it is beloved to Allah the Mighty and Majestic. It is with Allah sweeter than the scent of musk. They said that if that is the case, then one should not seek to remove it, because it is sweeter with Allah than the scent of musk, and they analogized it to the blood of a martyr who is killed in the path of Allah, for it is not recommended to wash it, rather it is not permissible to wash it according to the stronger opinion, because this blood arises from obedience to Allah the Mighty and Majestic, from jihad in the path of Allah, so the bad breath of the fasting person is analogized to it. But we refute this with the generality of the evidence indicating miswak absolutely, without restriction. And 'Amir ibn Rabi'ah said: "I saw the Prophet (peace and blessings be upon him) using miswak while fasting, more than I can count" Al-Bukhari mentioned it as a suspended narration. And this is not necessary for us to need it for proof, because we have generalities This is general, including the ablution of the fasting person after the sun passes its zenith, just as it includes the ablution of others. So the correct view is that it is recommended for the fasting person to use miswak, just as it is recommended for others at all times.
So, is there an exception for the person being in the presence of people?
The student: Yes.
The Shaykh : No, it is recommended even in the presence of people. It is recommended to use miswak even in the presence of people, because the Prophet (peace and blessings be upon him) used miswak in front of his followers. He used to use miswak in front of his Companions. If this had been disliked, the Prophet (peace and blessings be upon him) would not have done it. And if it had been one of his specific characteristics, he would have clarified that it was one of his specific characteristics. But if it distracts a person from listening to something he is commanded to listen to, he should not do it. So if a person starts using miswak while the imam is delivering the Friday sermon, we say do not use miswak unless he intends good by it, such as if he is overcome with drowsiness, so he uses miswak to drive away the drowsiness. Then there is no harm in it. In fact, we may say that it is prescribed because it helps him to listen to the sermon. We previously discussed whether miswak can be done with something other than a stick?
The student: Yes.
The Shaykh : We said yes, but it is better and cleaner with a stick.
We have not discussed this, but there is no harm in raising it. Is ablution specific to this Ummah, or is it for all nations?
The student: ...
The Shaykh : I did not ask you for the evidence. It is general for all nations and not specific to this Ummah. So, what is the evidence?
The student: ...
The Shaykh : Do you see it as specific?
The student: Yes.
The Shaykh : So, there are two opinions then.
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : Yes.
The student: ...
The Shaykh : Yes, meaning it is general for the nations. What is the specific thing for this Ummah regarding ablution?
The student: ... and the whiteness.
The Shaykh : That they will be called on the Day of Resurrection with bright faces and white marks. That is complete. And this is the apparent meaning of the Sunnah, based on his saying (peace and blessings be upon him):
I have been given five things which were not given to any amongst the Prophets before me
أعطيت خمسًا لم يعطهنّ أحد من قبليMy Ummah will be called on the Day of Resurrection with bright faces and white marks from the traces of ablution
إنّ أمّتي يدعون غرلًا محجّلين من آثار الوضوءSo, in the hadith we read, there are principles of jurisprudence, one of which is that the default ruling for a command is obligation?
The student: The saying of the Prophet (peace and blessings be upon him):
Were it not that I would be overburdening my community I would have ordered them
لولا أن أشقّ على أمّتي لأمرتهمThe Shaykh : What is the mode of indication?
The student: His saying:
I would have ordered them
لأمرتهمThe Shaykh : What is the mode of indication? This is the evidence, but what is the mode of indication?
The student: Because he refrained from commanding them to make miswak obligatory upon them, fearing that the command would be obligatory upon them.
The Shaykh : Meaning, it is not fully clear.
The student: It is understood from it that if he had commanded them, it would have been burdensome for them, and the burden would not exist except with obligation, because they would not be able to leave it.
The Shaykh : What is the mode of indication that it is?
The student: That if he had commanded them...
The Shaykh : It would have been obligatory and burdensome for them, and if the command were for recommendation, it would not have been burdensome for them. That is complete. So, we mentioned that this is the well-known view among many scholars of principles, but there is another opinion that says the default ruling is? Forgive me?
The student: ...
The Shaykh : Yes, if it is for worship, it is obligatory, and if it is for custom, it is a recommended practice, because worship is required of a person, and he was not created except for it, unlike customs, which are... so it is for recommendation. Is there a third opinion?
The student: That the command is for recommendation.
The Shaykh : That the command is for recommendation absolutely. What is the evidence or the reasoning?
The student: ... so either it is obligatory or recommended, and the default ruling is that there is no sin in leaving it, so it is recommended.
The Shaykh : Yes, they said that the command for it indicates its prescription, and the default ruling is that there is no sin in leaving it, and this is the reality of recommendation. So, his saying:
I would have ordered them to use the siwak
لأمرتهم بالسّواكThe student: ...
The Shaykh : ... Ibn Jinni ... there are not two opinions here!
The student: ...
The Shaykh : Do you know the case of Ibn Jinni?
The student: Yes, indeed.
The Shaykh : Very well.
The student: The miswak here is the action.
The Shaykh : The action. Well done. Meaning, the Messenger’s intention here is not that we hold the miswak in our hands; what is the benefit? So the intended meaning is the action, using the miswak, i.e., the act of miswaking at every ablution. Where is its place according to what the scholars said?
The student: During ablution.
The Shaykh : During ablution, before, or after, or in the middle?
The student: During the mouth rinse.
The Shaykh : During the mouth rinse, because that is the place of purifying the mouth. This indicates that the states in which miswak is recommended are ablution. Is there anything else?
The student: When reciting the Qur'an.
The Shaykh : When reciting the Qur'an, but the scholars mentioned this, and I think it is by juristic preference.
The student: Before prayer.
The Shaykh : Before his prayer. So, these are three. Yes?
The student: When waking up from sleep.
The Shaykh : When waking up from sleep. Four.
The student: When entering the house.
The Shaykh : When entering the house. Five.
The student: When the smell of the mouth changes.
The Shaykh : When the smell of the mouth changes. What is the evidence for the last issue?
The student: The saying of the Prophet (peace and blessings be upon him):
Siwak is a means of purification for the mouth and is pleasing to the Lord.
السّواك مطهرة للفم مرضاة للرّبّThe Shaykh : The saying of the Prophet (peace and blessings be upon him):
Siwak is a means of purification for the mouth and is pleasing to the Lord.
السّواك مطهرة للفم مرضاة للرّبّThe student: ...
The Shaykh : We mentioned it. In truth, it may be negligence on my part, otherwise if I had conveyed it to you, it would have been good.
The student: When...
The Shaykh : How? This is the change of the mouth. In any case, some scholars say when there is prolonged silence, because it is common that prolonged silence causes a change in the smell of the mouth, because no air enters or exits the mouth, so it becomes a cause for the change in the smell of the mouth. But if we say when the smell of the mouth changes, that is sufficient. So, is there an exception for any of the times? Some scholars mentioned that it is disliked for the fasting person to use miswak after the sun passes its zenith, and they reasoned with a weak reason. The reason is that at the end of the day for the fasting person, especially with a long day, a bad smell emanates from his stomach, and this smell is called the bad breath of the fasting person, and it is beloved to Allah the Mighty and Majestic. It is with Allah sweeter than the scent of musk. They said that if that is the case, then one should not seek to remove it, because it is sweeter with Allah than the scent of musk, and they analogized it to the blood of a martyr who is killed in the path of Allah, for it is not recommended to wash it, rather it is not permissible to wash it according to the stronger opinion, because this blood arises from obedience to Allah the Mighty and Majestic, from jihad in the path of Allah, so the bad breath of the fasting person is analogized to it. But we refute this with the generality of the evidence indicating miswak absolutely, without restriction. And 'Amir ibn Rabi'ah said: "I saw the Prophet (peace and blessings be upon him) using miswak while fasting, more than I can count" Al-Bukhari mentioned it as a suspended narration. And this is not necessary for us to need it for proof, because we have generalities
Every ablution
كلّ وضوءSo, is there an exception for the person being in the presence of people?
The student: Yes.
The Shaykh : No, it is recommended even in the presence of people. It is recommended to use miswak even in the presence of people, because the Prophet (peace and blessings be upon him) used miswak in front of his followers. He used to use miswak in front of his Companions. If this had been disliked, the Prophet (peace and blessings be upon him) would not have done it. And if it had been one of his specific characteristics, he would have clarified that it was one of his specific characteristics. But if it distracts a person from listening to something he is commanded to listen to, he should not do it. So if a person starts using miswak while the imam is delivering the Friday sermon, we say do not use miswak unless he intends good by it, such as if he is overcome with drowsiness, so he uses miswak to drive away the drowsiness. Then there is no harm in it. In fact, we may say that it is prescribed because it helps him to listen to the sermon. We previously discussed whether miswak can be done with something other than a stick?
The student: Yes.
The Shaykh : We said yes, but it is better and cleaner with a stick.