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Hanbalî references for wiping over socks

Published: 27/08/2011 01:47:00 PM GMT
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Is it true that according to Hanbalî law, a person can wipe over cloth or woolen socks when performing wudû’ and not just over leather socks? Can you please cite the relevant Hanbalî references?


Answered by

the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî

This is the confirmed and well-known position of the Hanbalî school of law. Cloth socks may be wiped over when performing wudû’ if the person had been in a pure state when he put them on. This is conditional on the socks covering the foot fully and properly, even when the person walks in them.

The Hanbalî jurist al-Khiraqî writes in his Mukhtasar (1/372-373):

Nothing can be wiped over except the leather socks (khuff) and what serves the same purpose, like the short leather socks (maqtû`) that come above the ankles and likewise the socks (jawrab) that are thick and do not fall down when they are walked in.

The Hanbalî scholar Abû Muhammad `Abd Allah b. Qudâmah writes in al-Mughnî, his commentary on Mukhtasar al-Khiraqî (1/373-374):

It is only permissible to wipe over socks (jawrab) if two conditions are met: The first is that they are thick so that nothing of the foot appears and the second is that it is possible to walk in them to some length. This is the clear meaning of al-Khiraqî’s words.

Ahmad has said regarding wiping over the socks without sandals: “If he walks on them and they remain upon his feet, then there is nothing wrong with doing so.” On another occasion, he said: “He can wipe over them if they remain firm upon his heels.” On another he said: “If he can walk in them without their falling down, then there is nothing wrong with his wiping over them. This is because if they fall down, the part (of the foot) that needs to be washed in wudû’ becomes exposed.”

It is not necessary that they be made of leather. Ahmad said: “Wiping over the socks (jawrab) is related from seven or eight of the Companions of Allah’s Messenger (peace be upon him).”

In his short legal treatise al-Muqni`, the same Abû Muhammad `Abd Allah b. Qudâmah states (1/379):

It is permissible to wipe over leather socks (khuff) over-socks (jurmûq) and socks (jawrab).

Abû al-Faraj `Abd al-Rahmân b. Qudâmah writes in al-Sharh al-Kabîr, his commentary on al-Muqni` (1/381):

A sock (jawrab) is equivalent to the leather sock (khuff), because it is something worn that covers the area that needs to be washed and is something that can be walked in for some length. As for those who argue that it is not possible to walk at length in socks. We say: It is only permissible to wipe over them if they hold their place on their own and it is possible to walk in them at length. Otherwise, it is not. As for the sheer socks, they do not provide cover.

We can see the same asserted by al-Mardâwî in al-Insâf, a book that catalogues, weighs, and compares the various opinions that exist within the Hanbalî school of law. He writes in al-Insâf (1/379-380):

There is no disagreement if they are bound in sandals or if they are made from leather. It is likewise permissible if they are made of cloth according to the correct position of the school of thought and the correct of the two narrations. This is the view of the majority of the early scholars of the school of thought. It has also been related that it is not permissible to do so, and this is the opinion asserted in al-Talkhîs. When we say that it is valid, this is under the condition that they are tight, as shall be discussed. Permission to wipe over socks is one of the opinions unique (to our school of thought). It is asserted by the author of the treatise. (Ibn Muflih) writes in al-Furû`: It is permissible to wipe over tight socks, as opposed to the view of Mâlik.

Sources:

Mukhtasir al-Khiraqî and al-Mughnî, (published together). Critical edition of Dr. `Abd Allah al-Turkî and Dr. `Abd al-Fattâh al-Hilû, Giza, Dâr Hajar (1986).

al-Muqni`, al-Sharh al-Kabîr, and al-Insâf (published together). Critical edition of Dr. `Abd Allah al-Turkî and Dr. `Abd al-Fattâh al-Hilû, Giza, Dâr Hajar (1993).

Source: Islam Today




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