Sister Umm Muhammad wrote in a comment in one of the posts:
Bismillaah.Peace be upon Prophet Muhammad.
As-Salaamu ‘alaykum all.
A request/suggestion:
I’d appreciate if you could research the technicalities behind the whole “not supporting filth with your person” issue during salah. Alot of sisters pick up their children when they pray, but I refrain from doing so because of the almost constant najasah (my kid’s under 2 yrs).
Bismillah, Alhamdulillah:
Dear Sister Umm Muhammad & all others who face this predicament,
I have searched for this issue in the works of jurisprudence and I feel that I am able to quote for you the statements of the Shafi’i scholars, as well as their argument for the permissibility of holding a child during Salah.
The following hadith is what brings forth this discussion:
From Abu Qatadah Al-Ansari said that the Nabi would pray while carrying Umaamah bint Zaynab – and when he would go for prostration, he would put her down, and when he arose he would carry her again.
[Reported by Al-Bukhari, Muslim, Ahmad with different chains, Abdur-Razzaq in his Musannaf although he adds to this narration "He carried her upon his shoulders", and Abu Dawud with what is apparently a weak chain and different wording.] Ibn Hajr states that Umaamah bint Zaynab was very young at this time, though does not mention a specific age.
Another hadith in support of carrying children is what is reported in the Musnad of Imam Ahmad from Abu Hurayrah thus:
“We were praying with the Prophet Muhammad Salatul-’Ishaa’, whenever he went down for prostration Al-Hasan and Al-Husayn (‘Alayhim Salaam) jumped upon the His (‘alayhis salaams) back. When he went to raise his head he took hold of them both, with a soft grasp, and placed them upon the ground and he kept doing this until the end of Salah and they were setting on his thighs…” [Imam Al-Haythami states in his Majma', "The men of this chain are impeccably trustworthy."]
What you find in the commentaries of this hadith, such as Fat-hul Baari, or Sharh Sahih Muslim, is disagreement regarding the permissibility of carrying children. The Malikis seem to staunchly defend the prohibition arguing several things:
1) Ash-hab reports from Malik that this was only due to darurah (necessity) because no one could take care of her. The Shafi’is respond that there is no proof for such a claim.
2) That it is abrogated, as the forbiddance of to many actions in Salah was abrogated. The Shafi’is say this occurred after the Hijrah, whereas the forbiddance occurred in Makkah.
3) Some say, mainly Baaji and Ibn Al-Qaasim, that this was in supererogatory (naafil) prayers, and is thus restricted to such. The Shafi’is respond by saying there is a report of this in Sahih Muslim that states, “And he was the Imam of the people leading in the Masjid.”
4) Some Malikis claim that this is specific to the Nabi. Actually Qadi ‘Iyad made this claim saying, “This was specifically permitted for him (‘alayis salaam).” According to Al-Hafith Ibn Hajr and others such a claim requires specific dalil to specify specificity according to the principles of the religion.
Imam An-Nawawi comes out harshly against the critics, mainly the Malikis. He says, “And everything that they plea with is Baatil (Null, void, having no substance, of no merit)! Refuted, and they have no proof for their stance!”
His argument states, ‘For the human is pure (Tahir), and what is in its stomach is pardoned. And the clothing of the child, as well as its skin, is pure until An-Najaasah becomes absolutely clear. And Al-‘Amaal (actions etc) in Salah does not nullify it (…), and the clear proofs of the law manifest clearly to that, and the Nabi doing this clarifies the permissibility of doing this act.’
So, the verdict according to our Shafi’i master, Imam An-Nawawi & Hafith Ibn Hajr, is that you can hold the child as long as there is no najasah. I think if one changed the diaper prior to making Salah, the problem would be solved.
There are other issues here as mentioned by Imam Ibn Hajr and An-Nawawi:
1) Children are allowed into the Masjid.
2) That touching a child does not break one’s wudu’.
3) That principally all clothes are pure until proven otherwise.
4) That it is permitted to have children play in the area where you are praying.
5) Being soft and merciful children is the Sunnah of our beloved Prophet Muhammad (‘alayhis salaam)
May Allah send his abundant mercy and blessings upon our beloved Master Muhammad, his family, companions, and followers. Amin!
As-salamu ‘alaykum,
Is there a strong consensus amongst Shafi’i scholars that touching (i.e. with the inside of one’s hand) a baby’s private parts breaks one’s wudu’? I was taught that it definitely does, but just want to make sure.
Bismillah,
Wa’alaykum Salaam Sidi AbdurRahman.
Imam Al-Mahaamali (rahimahullah) in his Al-Lubaab fi fiqh Imam Ash-Shafi’i states,
Imam Taqiyud-Din Abu Bakr Al-Husayni Al-Hisni states in explanation of the words of Imam Abi Shuja who said ‘and touching the privates with the palm of the hand [nullifies wudu']‘:
If there were valid ikhtilaf on this issue, both of these Imams would have mentioned it. This is the mu’tamad.
Hope that helps,
Abul Layth
Regarding holding a child in Salah according to the Shafi’i school see the following fatwa:
http://qa.sunnipath.com/issue_view.asp?HD=3&ID=2909&CATE=406
Bismillaah. Peace be upon Prophet Muhammad.
As-Salaamu ‘alaykum wa rahmatullaahi wa barakatu to Abu Layth and all.
Shukran and jazaak Allaah khair for your research efforts and for the sunnipath link, they were both very helpful. Also, could you email the Latiffiyah MP3 doc so I can hear it and read along with the arabic text that I have, inshaa’Allaah. May Allaah bless you and your family abundantly in this life and in your graves and in the Hereafter. And may Allaah grant each of you His Shade on the Day of Judgement and the intercession of Prophet Muhammmad (SAWS), the Qur’an and fasting. Ameen.
Holding a male child who has yet to circumcise invalid one’s solah. Since that child is considered carrying najasah.
Sidi Fazel, I appreciate your comments, but start quoting sources. Sometimes it is difficult to understand your english, and other times I believe you are blantantly incorrect.
Quote from Syeikh Afifi Akiti:
Circumcision is an important aspect of Taharah and purity, which is so strongly emphasised in Islam, for when the foreskin is not removed, urine and other secretions can collect under the folded skin. In Islamic hygiene, all Muslims regularly wash with water at the toilet in a process called Istinja’ to remove what is impure (Najas), otherwise Wudhu’ (ablution) is not acceptable. This area can become the site of very painful infections from bacterial growth and the minor operation of circumcision greatly simplifies basic hygiene for men and boys.
http://www.iol.ie/~afifi/Articles/circumcision.htm
My comment:
Please check al-umm or tuhfatul minhaj or Bughyatul mustarsyidin.I am sure it is in there. About whoever, men, that still not yet circumcised, he must clean up his private part thoroughly during istinjak, which include under the unfolded skin. Otherwise, his solah will be invalid since he is considered carrying najasah.
As-salamu ‘alaykum,
Thanks for the follow-up since Fazel’s initial statement made it sound like an uncircumsised child is always najas. Now it’s clear that it’s because “urine and other secretions can collect under the folded skin”…meaning it’s only a potentiality, so thanks for the clarification.
Bro where is the reference for Imam Nawai labelling the arguments of the Malki’s as baatil?
Salamu ‘Alaykum Abu Emaan.
The following pdf is in response to your question:
http://www.seekingilm.com/responses/nawawicallingmalikitawilbatil.pdf
Assalam
My query is thus , if a woman has been married and seperated , and now she never remaried, she goes with her ex husband everywhere , can she do nikah again with her first husband??
Her talak was given three at a time.
thanks
Ask your question to http://www.sunnipath.com
Shukran,
Abul Layth
Assalamalaikum,
I was wondering if it breaks wadu, to change babies diapers when they are wet or soiled? After cleaning their parts with baby wipes, putting fresh diaper on them, then wash the hands thoroughly? Will the wadu remain intact, with the simple washing of the hands?
The act of changing the diaper does not break the wudu’ – as coming in contact with urine or feces does not break wudu’. However, one should be weary that no impurities fall upon the garments – and if such occurs they need to clean it before Salah.
Assalamu alaykum Sidi Aba Layth,
You said at the end of your article:
“I think if one changed the diaper prior to making Salah, the problem would be solved.”
Does the use of baby-wipes during a diaper change purify the child, or must one wash with plain water?