Explanation of the Book of Purification-11
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The Shaykh :"And from al-Mughirah ibn Shu'bah (may Allah be pleased with him): Bulugh al-Maram 46 Muslim narrated it":
His saying (may Allah be pleased with him):Musnad Ahmad 1351Hasan (Darussalam): It appears that this was when he was with him in the Battle of Tabuk, for the Messenger (peace and blessings be upon him) was served by al-Mughirah ibn Shu'bah in that expedition.
And his saying:: The forehead is the front of the head, as Allah the Exalted said: [Hud 11:56].
: That which is on the head.
: And they are well known.
So in this hadith: the permissibility of wiping over the turban, based on his saying:, and there are discussions regarding it:
The first discussion: Is it required that this turban be of a specific form, or do we say: whatever is correctly called a turban, one may wipe over it?
There are two opinions on this:
The first: That it is required that the turban be wrapped tightly or have a tail. As for it being wrapped tightly, it means that a fold of it is placed under the chin so that it stays in place.
And as for it having a tail: that one of its two tails is let down from the back so that it hangs over the back.
Some scholars said: That this is not a condition. And this second opinion is the correct one, and it is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), which is that whatever is called a turban falls under this.
Second: Is it required that it be pure?
The answer: Yes, there is no doubt about this, and if this is a condition for the leather socks, then the turban is like them or more so.
Is it required that it be lawful, such that wiping over a stolen turban or one acquired through a defective contract is not valid?
There are two opinions: The first: That it must be lawful, because wiping over it is a dispensation, and a dispensation should not be made permissible through disobedience.
And the second opinion: That this is not a condition, and that it is permissible for a person to wipe over a forbidden turban, such as a stolen one, one acquired through a defective contract, or silk for a man.
But if a person looks at the reasoning, he may prefer that it must be lawful, because if we allow him to wipe over the forbidden item, this is permission for him to keep it and not care about it. And if we say it is prohibited, he will strive to remove it, or at least not wipe over it and keep it. So the issue is, in my view, one of hesitation.
Is it required that he wear it, and is this the third discussion or the fourth?
The student: The fourth.
The Shaykh : The fourth: Is it required that he wear it while in a state of purity?
There are two opinions on this:
The first opinion: That it is required to wear it while in a state of purity, by analogy with the leather socks.
And the second opinion: It is not required, because a condition must have evidence, and there is no evidence for this, and it is not valid to analogize it to the feet, because the purity of the limb on which this turban is worn is a reduced purity, which is wiping. And wiping over the turban is of the same kind as wiping over the head; both are wiping. So purity is not required.
As for the leather sock, the purity of the limb on which the sock is worn is washing, which is more severe. Then, wiping the sock is not of the same kind as washing the foot; it is a purity of a different kind. And this opinion is more correct: that it is not required for the turban to be worn while in a state of purity, because if we go beyond and say: that analogy is permissible in acts of worship, then the analogy must have agreement between the original and the branch. And here, the original and the branch did not match or agree.
The fifth discussion: Does it have a time limit, or do we say: as long as the person is wearing a turban, let him wipe over the turban, and if he removes it, let him wipe over the head?
There are two opinions: May Allah will it, today I have many opinions, two opinions:
The first opinion: That it must have a time limit, by analogy with the leather socks.
And the second opinion: That it has no time limit due to the lack of evidence for it, and if the time limit were from the law of Allah, the Prophet (peace and blessings be upon him) would have specified it.
Is the analogy with the leather socks correct or not correct?
Not correct, as you know. And based on this, we say: as long as you are wearing the turban, wipe over it, and if you take it off, wipe over the head, and there is no time limit.
The sixth discussion: Is wiping over it permissible in the state of major ritual impurity, in the full ritual bath, meaning?
The answer: No, it is not permissible to wipe over it in the full ritual bath, based on the saying of Allah the Exalted:[Al-Ma'idah 5:6] and it is not in a state of purity.
The Prophet (ﷺ) performed ablution and passed wet hands on his forelock, over the turban and over the two leather socks.
أن النبي صلى الله عليه وسلم توضأ فمسح بناصيته وعلى العمامة والخفينHis saying (may Allah be pleased with him):
that the Prophet (ﷺ) did wudoo’
أن النبي صلى الله عليه وسلم توضأAnd his saying:
And wiped over his forehead
فمسح بناصيتهThere is no creature but that He holds its forelock
ما من دابة إلا هو آخذ بناصيتهاAnd over the turban
وعلى العمامةAnd over the leather socks
وعلى الخفينSo in this hadith: the permissibility of wiping over the turban, based on his saying:
And over the turban
وعلى العمامةThe first discussion: Is it required that this turban be of a specific form, or do we say: whatever is correctly called a turban, one may wipe over it?
There are two opinions on this:
The first: That it is required that the turban be wrapped tightly or have a tail. As for it being wrapped tightly, it means that a fold of it is placed under the chin so that it stays in place.
And as for it having a tail: that one of its two tails is let down from the back so that it hangs over the back.
Some scholars said: That this is not a condition. And this second opinion is the correct one, and it is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), which is that whatever is called a turban falls under this.
Second: Is it required that it be pure?
The answer: Yes, there is no doubt about this,
Because the Prophet (peace and blessings be upon him) was approached by Jibril while he was praying, and he informed him that there was filth in his sandals, so he (peace and blessings be upon him) removed them
لأن النبي صلى الله عليه وسلم أتاه جبريل وهو يصلي وأخبره أن في نعليه قذراً فخلعهما عليه الصلاة والسلامIs it required that it be lawful, such that wiping over a stolen turban or one acquired through a defective contract is not valid?
There are two opinions: The first: That it must be lawful, because wiping over it is a dispensation, and a dispensation should not be made permissible through disobedience.
And the second opinion: That this is not a condition, and that it is permissible for a person to wipe over a forbidden turban, such as a stolen one, one acquired through a defective contract, or silk for a man.
But if a person looks at the reasoning, he may prefer that it must be lawful, because if we allow him to wipe over the forbidden item, this is permission for him to keep it and not care about it. And if we say it is prohibited, he will strive to remove it, or at least not wipe over it and keep it. So the issue is, in my view, one of hesitation.
Is it required that he wear it, and is this the third discussion or the fourth?
The student: The fourth.
The Shaykh : The fourth: Is it required that he wear it while in a state of purity?
There are two opinions on this:
The first opinion: That it is required to wear it while in a state of purity, by analogy with the leather socks.
And the second opinion: It is not required, because a condition must have evidence, and there is no evidence for this, and it is not valid to analogize it to the feet, because the purity of the limb on which this turban is worn is a reduced purity, which is wiping. And wiping over the turban is of the same kind as wiping over the head; both are wiping. So purity is not required.
As for the leather sock, the purity of the limb on which the sock is worn is washing, which is more severe. Then, wiping the sock is not of the same kind as washing the foot; it is a purity of a different kind. And this opinion is more correct: that it is not required for the turban to be worn while in a state of purity, because if we go beyond and say: that analogy is permissible in acts of worship, then the analogy must have agreement between the original and the branch. And here, the original and the branch did not match or agree.
The fifth discussion: Does it have a time limit, or do we say: as long as the person is wearing a turban, let him wipe over the turban, and if he removes it, let him wipe over the head?
There are two opinions: May Allah will it, today I have many opinions, two opinions:
The first opinion: That it must have a time limit, by analogy with the leather socks.
And the second opinion: That it has no time limit due to the lack of evidence for it, and if the time limit were from the law of Allah, the Prophet (peace and blessings be upon him) would have specified it.
Is the analogy with the leather socks correct or not correct?
Not correct, as you know. And based on this, we say: as long as you are wearing the turban, wipe over it, and if you take it off, wipe over the head, and there is no time limit.
The sixth discussion: Is wiping over it permissible in the state of major ritual impurity, in the full ritual bath, meaning?
The answer: No, it is not permissible to wipe over it in the full ritual bath, based on the saying of Allah the Exalted: