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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Muslim says: I wiped over my leather socks or over the socks, then I forgot about it afterward and removed them without my ablution being invalidated. Do I have to wash my feet, or perform the full ablution?

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The questioner : Muslim says: I wiped over my leather socks or over the socks, then I forgot about it afterward and removed them without my ablution being invalidated. Do I have to wash my feet, or perform the full ablution?

The Shaykh : If a person wipes over his leather socks within the time prescribed by the Shari'ah, which is one day and night for a resident and three days and nights for a traveler, and if he wipes over the leather sock and then removes it after wiping, his purity is not invalidated; rather, he remains in a state of purity. This is because invalidating purity by removing the leather sock requires evidence, and there is nothing in the Sunnah, nor in the Qur'an, that indicates that removing the leather sock invalidates the ablution. If there is no evidence that removing the leather sock invalidates the ablution, the original state is the continuation of purity, because purity was established by the requirement of a Shari'ah evidence. Therefore, it cannot be invalidated except by a Shari'ah evidence, and there is no evidence in this issue.
And the reasoning given by some people who say: "If he removes what he wiped over, his ablution is invalidated," their reasoning being that the thing wiped over has been removed, we say: The wiping over the leather sock was a branch of washing the foot, and its wiping was considered a purification of the foot, because it took the place of washing.

The questioner : Yes.

The Shaykh : If it is a branch of the purity of washing the foot, then the foot's purity remains, and the state of ritual impurity from it has been lifted by wiping over the leather sock that was on it. And with this, removing the leather sock has no effect. Then, there is a clear analogy in the case where a man wipes over his head and then shaves it after wiping; his purity is not invalidated, even though the hair that was wiped over has been removed, and yet his purity is not invalidated.

The questioner : Yes.

The Shaykh : There is no difference between this and that, and the statement that this, i.e., wiping the head, is original and wiping the leather socks is a substitute, has no effect on the matter. Because the cause necessitating invalidation, according to those who say so, is that the thing wiped over has been removed, and this is present in the case where he shaves his head after wiping it. And yet, we do not say that his purity is invalidated if he shaves his head after wiping it. So likewise, we do not say that his purity is invalidated if he removes his leather sock after wiping it.

The questioner : But if the leather sock is a branch of washing the foot, and the branch is removed and the foot is exposed?

The Shaykh : Yes, but it was removed after the purity was completed. Because when he wiped, the purity was completed. And the completion of purity means that this completion cannot be removed except by the presence of a Shari'ah evidence.

The questioner : Okay, so if, for example, the sock tears after wiping and the foot is exposed, is there nothing on him in this case?

The Shaykh : Yes, that is correct.

The questioner : And if he wipes over the leather sock and then prays in the socks, there is no harm in that either.

The Shaykh : Wiped over the leather sock?

The questioner : Yes.

The Shaykh : Then removed it.

The questioner : Yes, he wiped over the leather sock, removed it, and prayed in the socks?

The Shaykh : There is no blame on him.

The questioner : There is no blame on him.

The Shaykh : Yes, but in this case, he cannot put the leather sock back on except after washing his foot if he wants to perform ablution a second time.

The questioner : Yes.

The Shaykh : This is because if a person removes the thing he wiped over, he cannot put this thing back on except over purity with water.

The questioner : Meaning, he must remove the socks?

The Shaykh : He must remove the socks as long as he is wiping over the leather socks. But if he was wiping over the socks from the beginning, from the first time, there is no harm on him if he removes the leather socks or keeps them.

The questioner : By Allah, this is not, it appears to be not understood.

The Shaykh : Which one?

The questioner : That if, for example, he removes the leather sock and he has the socks on, and he had wiped over the leather sock.

The Shaykh : Yes.

The questioner : Then he prayed this time in the socks.

The Shaykh : Yes.

The questioner : Then another time came and he had put the leather sock over the socks because he left the mosque.

The Shaykh : Yes.

The questioner : Then he wiped. Is it permissible for him to wipe over the socks without washing his foot?

The Shaykh : He does not wipe, neither over the socks nor over the leather sock, because we said that if he removes the thing he wiped over, he cannot put this thing back on except over purity, purity with water.

The questioner : Yes.

The Shaykh : If that is the case, then it is necessary that removing the thing he wiped over means he does not put it on except over purity with water.

The questioner : Yes.

The Shaykh : Yes, indeed.

The questioner : So, if the Muslim wants to keep the socks and the leather socks on his feet, he must remove the leather socks and wipe over the socks continuously.

The Shaykh : From the beginning.

The questioner : From the beginning.

The Shaykh : Yes, indeed.

The questioner : Yes.
Source alathar.net

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

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