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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the author's statement: "And upon waking, and the change in the mouth, and one should use the miswak horizontally, starting from the right side of his mouth."

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The Shaykh :"And upon waking" Waking from whom? From sleep, based on the saying of Hudhayfah ibn al-Yaman (may Allah be pleased with him)
Whenever the Messenger of Allah (ﷺ) got up (from sleep), he would rub his teeth with Miswak (tooth-stick). كان النبي صلى الله عليه وسلم إذا قام من النوم يشوص فاه بالسواك
Riyad as-Salihin 1197
The scholars said that its meaning is that he rubs it and washes it with the miswak. So, upon waking from sleep, it is a recommended practice (sunnah). The apparent meaning of the author's words is that it is a recommended practice upon waking from night sleep and from daytime sleep, because he said "and upon waking" and did not specify it to night. So, if we use the hadith of Hudhayfah as evidence for this issue, is our use of evidence correct according to the rule of evidence? No, why? Because the evidence is more specific, and it is not possible to use the more specific as evidence for the more general. However, it may be said that Hudhayfah (may Allah be pleased with him) saw the Messenger (peace and blessings be upon him) upon waking from night sleep, and this does not preclude that it is also the case upon waking from daytime sleep, because the operative cause is the same, which is the change in the mouth due to sleep. And on this basis, it is a recommended practice, as the author said, upon waking in general: by evidence in night sleep, and by analogical reasoning (qiyas) in daytime sleep. Know that the clear, obvious analogical reasoning is described by some scholars, such as Shaykh al-Islam Ibn Taymiyyah, as "semantic generality," because you know that generality is by words, such as the known formulas, and it can also be by meanings, in the sense that if we are certain or it is the preponderant opinion that this meaning brought by the text includes this meaning that did not enter the text verbally, then we say it entered by semantic generality. And if we say it is established by clear analogical reasoning, the matter is clear, because the Sunnah or the Shari'ah does not differentiate between two identical things. Now, "and the change in the mouth" We complete the three so that it is also confirmed upon the change in the mouth. The evidence is His saying
Purifying for the mouth مطهرة للفم
It is a purifier. So, that means whenever the mouth needs purification, the miswak is prescribed. The author said "and one should use the miswak horizontally" One uses the miswak horizontally with respect to the teeth, and vertically with respect to the mouth. One uses it horizontally, as you know, horizontally with the teeth, along the length of the teeth, like this. So, one uses it horizontally with respect to them, and vertically with respect to the mouth. And what is the length of the mouth? From right to left, meaning from the right ear to the left ear. This is its length. So, it is vertical with respect to the mouth and horizontal with respect to the teeth. And some scholars said that one should use the miswak vertically with respect to the teeth, because this is more effective in cleaning, because if one uses it vertically, it cleans more of what is between the teeth. And it is possible to say that it returns to what the situation requires: if the situation requires using it vertically, one uses it vertically, and if it requires using it horizontally, one uses it horizontally, as long as there is no clear Sunnah in this matter. Also, one uses it horizontally. "starting from the right side of his mouth" The right side, is it this one or that one? The one toward the right ear, on the right side of his mouth. And its evidence is that the Prophet (peace and blessings be upon him) liked to prefer the right in combing his hair, in his purification, and in all his affairs. And with what does one use the miswak? Is it with the right hand or the left hand? The scholars differed on that. Some said one uses the miswak with the right hand, because the miswak is a recommended practice (sunnah), and the Sunnah is obedience to Allah the Exalted and a means of nearness to Him, so it is not fitting for it to be with the left hand, because the left hand is preferred for removing filth, as it is preferred for filth, as the rule was presented to us that the left hand is preferred for filth and the right hand for what is other than that. And if the miswak is an act of worship, it is better for it to be with the right hand. And others said, rather, the better is with the left hand, and this is the well-known position from the school of Imam Ahmad. They reasoned that the miswak is for removing filth, and removing filth is done with the left hand, like cleaning oneself after relieving oneself (istinja') and using pebbles (istijmar), which is done with the left hand and not the right hand. But we say: You are correct that the miswak is for removing filth and is a purifier for the mouth, but at the same time, it is pleasing to the Lord, so it is obedience. And others detailed this and said: If one uses the miswak to purify the mouth, as if after eating, for example, or after sleeping, if one uses the miswak to purify the mouth, it is with the left hand, because it is removing filth. And if one uses it to obtain the Sunnah, it is with the right hand, because it is merely a means of nearness, as if one had recently performed ablution and used the miswak at the time of ablution, then he came to prayer. He—O Abdullah Salim—no, let us see Abdullah. He uses the miswak here to obtain the Sunnah, so it is with the right hand. And some of the Maliki scholars went to this and detailed this detail. And I think the matter is broad in this, and that if one uses it with the right, it is with the right, and with the left, it is with the left, because there is no clear Sunnah in this matter.
Source alathar.net

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

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