Abuz Zubair
7th December 2004, 12:49 AM
* The author then says: "If one doubts whether the water, or anything else for that matter, is pure or filthy, he acts on that which he is certain of."</P>
This issue as well as other forth coming issues are based on a great legal maxim (Qa'ida Fiqhiyah Kabirah): "Certainty is not removed by doubts", as well as a minor legal maxim (Qa'idah Saghirah) based on the previous maxim: "The original state, is for something to remain as it was".</P>
This means, if one is in doubt about something, he should avoid the doubt, and act on what he is certain about, which is the original state.</P>
For example, in the issue that the author mentions, if a person is walking down the street, and some water drops on him, does he regard it to be Tahir or Najis? According to the aforementioned maxims, the water is Tahir, since the original state of water is that it is Tahir, and it being Najis is a doubt, so he leaves the doubt, and acts on the 'Original state' of water.</P>
Another example, if a person cannot remember whether he prayed or not, then according to the maxim, he has not prayed, since the 'original state' with regards to actions, is that they haven't been performed, so he leaves the doubts and prays.</P>
Another example, if he knows for certain that he made Wudhu, but cannot remember whether he broke it or not, then he leaves the doubt and prays without making Wudhu. On the other hand, if one is sure that he broke his Wudhu, but cannot remember whether he made Wudhu or not, then he considers himself Muhdith and makes Wudhu.</P>
This is a great principle to remember and take benefit from.</P>
* The author says: "If one is not sure as to which part of the garment is filthy, one should wash the garment until he is certain that he has washed the filth."</P>
For example, if one is sure that a child urinated on a part of his right sleeve, but he isn't exactly sure as to where, then he should wash his entire right sleeve to make sure that Najaasah has been washed.</P>
Likewise, if one is sure that a child urinated on one of the sleeves, but he doesn't know which one, then he washes both of the sleeves, to make sure that Najaasah has been washed.</P>
* The author says: "If purifying water becomes confused with filthy water, and one cannot find any other water, then he should make Tayammum (Dry Ablution) and leave them both."</P>
Meaning if one has two water bottles, but doesn't know which one contains Tahoor water, and which one contains Najis water, he should leave them both and make Tayammum.</P>
This is because if he were to make Wudhu from one of them hoping that it is Tahoor, or if he were to make Wudhu with both of them, he would not be sure whether the last he made Wudhu was with Tahoor or Najis. Therefore, in order to make sure that he fulfils his obligation, he makes Tayammum and prays.</P>
* The author says: "If Tahoor (purifying water) becomes confused with Tahir (pure but not purifying water), one should make ablution with them both."</P>
Meaning, if one has two water bottles, one containing Tahoor and the other containing Tahir, but he doesn't know which one is which, then he should make Wudhu twice, once with the Tahir and once with Tahoor, to make sure that he made Wudhu with Tahoor, and fulfil his obligation with certainty.</P>
* The author says: "If a clean garment becomes confused with a filthy garment, one should pray in every garment the number of times of the filthy garments, plus one prayer."</P>
Meaning, for example, if a person has five garments, and out of them, he is sure that 3 garments are contaminated with filth. He should prayer four times all together in different garments, to make sure that he fulfilled the obligation of praying with Tahir clothes.</P>
This issue as well as other forth coming issues are based on a great legal maxim (Qa'ida Fiqhiyah Kabirah): "Certainty is not removed by doubts", as well as a minor legal maxim (Qa'idah Saghirah) based on the previous maxim: "The original state, is for something to remain as it was".</P>
This means, if one is in doubt about something, he should avoid the doubt, and act on what he is certain about, which is the original state.</P>
For example, in the issue that the author mentions, if a person is walking down the street, and some water drops on him, does he regard it to be Tahir or Najis? According to the aforementioned maxims, the water is Tahir, since the original state of water is that it is Tahir, and it being Najis is a doubt, so he leaves the doubt, and acts on the 'Original state' of water.</P>
Another example, if a person cannot remember whether he prayed or not, then according to the maxim, he has not prayed, since the 'original state' with regards to actions, is that they haven't been performed, so he leaves the doubts and prays.</P>
Another example, if he knows for certain that he made Wudhu, but cannot remember whether he broke it or not, then he leaves the doubt and prays without making Wudhu. On the other hand, if one is sure that he broke his Wudhu, but cannot remember whether he made Wudhu or not, then he considers himself Muhdith and makes Wudhu.</P>
This is a great principle to remember and take benefit from.</P>
* The author says: "If one is not sure as to which part of the garment is filthy, one should wash the garment until he is certain that he has washed the filth."</P>
For example, if one is sure that a child urinated on a part of his right sleeve, but he isn't exactly sure as to where, then he should wash his entire right sleeve to make sure that Najaasah has been washed.</P>
Likewise, if one is sure that a child urinated on one of the sleeves, but he doesn't know which one, then he washes both of the sleeves, to make sure that Najaasah has been washed.</P>
* The author says: "If purifying water becomes confused with filthy water, and one cannot find any other water, then he should make Tayammum (Dry Ablution) and leave them both."</P>
Meaning if one has two water bottles, but doesn't know which one contains Tahoor water, and which one contains Najis water, he should leave them both and make Tayammum.</P>
This is because if he were to make Wudhu from one of them hoping that it is Tahoor, or if he were to make Wudhu with both of them, he would not be sure whether the last he made Wudhu was with Tahoor or Najis. Therefore, in order to make sure that he fulfils his obligation, he makes Tayammum and prays.</P>
* The author says: "If Tahoor (purifying water) becomes confused with Tahir (pure but not purifying water), one should make ablution with them both."</P>
Meaning, if one has two water bottles, one containing Tahoor and the other containing Tahir, but he doesn't know which one is which, then he should make Wudhu twice, once with the Tahir and once with Tahoor, to make sure that he made Wudhu with Tahoor, and fulfil his obligation with certainty.</P>
* The author says: "If a clean garment becomes confused with a filthy garment, one should pray in every garment the number of times of the filthy garments, plus one prayer."</P>
Meaning, for example, if a person has five garments, and out of them, he is sure that 3 garments are contaminated with filth. He should prayer four times all together in different garments, to make sure that he fulfilled the obligation of praying with Tahir clothes.</P>