Explanation of the author's statement: "And lingering beyond his need, and urinating in a path or a beneficial shade."
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The Shaykh : Then the author said "and lingering beyond his need". This "lingering" is conjoined to "facing," and it is forbidden to face the qiblah, meaning it is forbidden to linger beyond one's need, meaning beyond the amount of one's need. It is forbidden for a person in the place of relief to linger beyond his need; rather, he must finish and exit. They cited two reasons for this. The first reason is that it involves exposing the 'awrah without need. The second reason is that the bushes and latrines are the abode of Shaytan and evil spirits, and it is not befitting to remain in this impure place. Some scholars said that from a medical perspective, it causes bleeding in the liver, becoming a cause for the liver to melt until blood comes out of it. In any case, the important point is that the prohibition of lingering is based on reasoning; there is no evidence from the Messenger of Allah (peace and blessings be upon him) regarding this. Therefore, there is a narration from Imam Ahmad that it is disliked to linger beyond one's need, but it is not forbidden. In any case, it is either disliked or forbidden. As for what the Westerners and their like do, where they place these chairs to sit on, dangle their legs, and one of them takes a magazine or newspaper, turning this place into a spot for reading these magazines and newspapers, there is no doubt that this is contrary to reason and contrary to the Shari'ah. "and a beneficial shade" in a path. It is forbidden to urinate in a path, and defecating is even more so. It is not permissible for a person to urinate or defecate in a path, based on the hadith in Muslim that the Messenger of Allah (peace and blessings be upon him) said: Sunan Abi Dawud 25Sahih (Al-Albani) And in the hadith of Abu Dawud: Sunan Abi Dawud 26Hasan (Al-Albani) Therefore, it is not permissible for a person to urinate in a shade. Why? Because it harms the passersby, and harming the believers is forbidden. Allah the Exalted said: [Al-Ahzab 33:58] So the ruling is prohibition, and the evidence is the hadith of Abu Hurayrah: and the reasoning is the harm to the Muslims, and harming the Muslims is forbidden. Likewise, "a beneficial shade". What is the meaning of "beneficial"? It is the shade in which people take shelter. Not every shade; if you come to shades where no one sits, we do not say it is forbidden for you to urinate or defecate there. But the beneficial shade is the one in which people take shelter. The evidence is the wording of the hadith. The hadith says the Messenger of Allah (peace and blessings be upon him): meaning the shade that is the place of their sitting and their benefit from it. Some scholars said that it is like the place where people bask in the sun in winter days. What is the meaning of "where they bask"? It is where they bask in the sun to warm themselves. This analogy is correct. This is a very clear and obvious analogy. Some scholars said, except if they are sitting for a suspicious purpose or to commit a forbidden act, then it is permissible to disperse them, even by urinating and defecating. But there is doubt in this, because the hadith is general. This is from the perspective of the evidence. And because there is no benefit in it. If they know that this man came and defecated in their sitting places, what happens? It increases their evil, and perhaps they will quarrel with him and fight. But the sound path is to come to this community and direct a call and advice to them. This is the sound path. As for doing this thing, well, if some people use something other than urine and feces, because urine has a smell, it is impure and harms, so they pour oil or tar in their places. What do you say about this? Is this a correct treatment? I think it is not correct. Because even if we suppose they came and found the place in this state, they would go to another place. But if they are brought to it and advised, that is better and clearer.
