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Rules Related to an Excused Person (Ma’dhur)

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The Fiqh of Chronic Excuses and Ablution

 

Question:

Could you please detail the fiqh of chronic excuses and ablution?

 

Answer

If someone has a chronic excuse (`udhr) such as being unable to stop intermittent drops of urine, or one whose bowels have become loose, should:

 

1) perform wudu at the time of every fard prayer and

2) pray with that wudu as many fard or nawafil as one wishes.

 

Aisha reports from the the Prophet (Allah bless him and give him peace) that he told Fatima Bint Hubaish, “Perform wudu at the time of every prayer.”

 

The wudu of one suffering from a chronic excuse becomes void only with

 

1) the expiry of the prayer time or

2) the occurrence of that which invalidates the wudhu, other than the current reason.

(Shurunbulali, Imdadu’l-Fattah Sharh Nuru’l-Idah pg 145,146 )

 

 

The conditions for being considered someone with a chronic excuse are of three types:

 

1. The condition of initiation: This is that an entire prayer time passes with the excuse (that renders one unable to retain wudu) present such that one did not have enough time to perform a minimal wudu and pray a quick prayer.

 

If bleeding starts during the time of a prayer, one waits until the end of the prayer time (or until just before the disliked time, in the case of Asr) in hope that the bleeding stop, and then prays immediately after performing wudu (and striving to take the means to stop or minimize the bleeding).

 

2.  The condition of continuation: To remain considered as someone with a chronic excuse, it is merely necessary that the excuse exist once in each prayer time. (This illustrates the legal maxim, ‘Continuation is easier than initiation.’)

 

3. The condition of termination: One is no longer considered legally excused, and therefore unable to act on the dispensation given to such an individual, after an entire prayer time goes by without the excuse occurring. [Ala’ al-Din Abidin, Gifts of Guidance]

 

It is necessary to take all reasonable means to stop that which makes one unable to retain one’s wudu. So, for example, if it is possible to pray sitting without the excuse (such as passing wind) occurring, one must pray sitting. [ibid.]

 

Faraz Rabbani

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Rules Related to an Excused Person (Ma’dhur)

 

Question

Can you explain the rulings with regards to Wudhu and Taharah for a person who has an excuse, such as continuous urine drops?

 

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

There are two aspects to your question:

 

1) When and how is an individual classified as an excused (ma’dhur)?

2) What are the rulings concerning a Ma’dhur?

 

As far as the first aspect is concerned, a Ma’dhur in relation to the laws of purity is the one who experiences the continuous exiting of ritual impurity from his/her body, such as continuous nose bleed, chronic virginal discharge (istihadha), continuous exiting of blood from a wound or the dripping of urine continuously, etc…. in a way that it remains for the period of one complete Fard Salat time and that one does not find sufficient time wherein Salat can be offered.

 

After becoming a Ma’dhur once, it is not a condition that these continuous discharges remain for the whole time of every prayer (Salat), rather, by it covering one prayer time; one will be classed as a Ma’dhur. However, it is a condition that this occurs once throughout the other prayer times.

 

This classification of one being a Ma’dhur will terminate when the occurrence of the discharge fails to appear even once for a whole complete Salat time.

 

It is stated in the famous Hanafi Fiqh treatise, Maraqi al-Falah:

“A person will not be classed a Ma’dhur until the excuse remains and covers the whole period of a (fard) Salat time wherein the excuse does not seize for even a duration in where one is able to perform ablution and offer Salat, for if it did halt, then one would not be classed as Ma’dhur. This includes where the excuse fails to seize physically in that it is continuous throughout the Salat time, or constructively in that it seizes for a time, but it is too short, thus insufficient for the performance of Wudu and offering of Salat. The condition for one to remain a Ma’dhur is the occurrence of the excuse in the times of each of the subsequent prayer times.” (Maraqi al-Falah Sharh Nur al-Idhah, p. 150)

 

This we become clearer with an example: Suppose Abd Allah had a problem of continuous nose bleed. He bled to the extent that he could not find sufficient time wherein he could perform ablution and offer his Zuhr Salat (this of course would be known by waiting until the end of the time of Zuhr prayer). Due to this, Abd Allah will be classified as a Ma’dhur.

 

When the Asr time came in, the bleeding only occurred once and not throughout the Asr time, even then he will remain a Ma’dhur. The same was the case with the Maghrib prayer. In the time of Eisha prayer, however, the bleeding stopped altogether and did not occur even once. Due to this, Abd Allah now will no longer be classed as a Ma’dhur person.

 

In other words, the condition to be classified a Ma’dhur is the occurrence of nose bleeding throughout the time of a Fard Salat. The condition for one to remain in such a state is the occurrence of this bleeding once in the times of the other prayers, and the condition for one to come out of this state is that the bleeding stops completely and does not occur at all during a complete Salat time.

 

Ruling regarding a Ma’dhur

The ruling with regards to a Ma’dhur is that he/she must perform ablution for each Salat time, and with that Wudu, one may carry out all the various prayers and worships. When the time of the prayer exits, Wudu will be nullified and it will be necessary to renew the Wudu. (al-Lubab fi Sharh al-Kitab, 1/64).

 

Sayyida Aisha (Allah be pleased with her) relates that the Messenger of Allah (Allah bless him & give him peace) said to Fatima bint Abi Hubaysh (Allah be pleased with her) who had the problem of chronic virginal discharge (istihadha): “Perform ablution for every Salat until the time of the next Salat appears.” (Sahih al-Bukhari)

 

Therefore, the Wudu will remain throughout the time of the prayer. One may offer obligatory (fard) prayers, optional (nawafil) prayers, touch the Qur’an and all the other forms of worship that require Wudu as long as that Salat time remains. Once, the Salat time comes to an end, fresh Wudu must be made.

 

However, if apart from this problem, Wudu becomes nullified due to some other reason, then the wudu will break and one will have to renew it. An example of this is: a person’s nose began to bleed continuously and refused to stop. At Zuhr time he performed wudu. As long as the Zuhr time remains, his wudu will not become nullified as a result of the bleeding nose. However, if he went to the toilet, or cut himself with a needle and blood flowed, wudu will become nullified and will have to be repeated. (Maraqi al-Falah, P. 149)

 

It is worth remembering here that Wudu will become nullified due to the exiting of the Salat times and not the entering of the subsequent Salat time. Normally, the exiting of one Salat time is the entering time for the next Salat. However, this is not the case with the time between Fajr and Zuhr prayers. The time of Fajr prayer ends at sunrise, but Zuhr time does not commence until midday ( zawal). Therefore, the time of exiting will be considered and not the time of entering.

 

This will be clearer with an example: If wudu was made at Fajr time, salat cannot be performed with that wudu after sunrise, a fresh wudu will have to be made, as the exiting of Fajr time nullified the Wudu. If, however, wudu was made after sunrise, it will be permissible to perform Zuhr Salat with that wudu and there is no need to make a fresh wudu for Zuhr, for the entering of Zuhr time does not nullify Wudu. When the time of Zuhr exits (and Asr time enters), then only will it be necessary to make a fresh wudu.

 

Finally, with regards to the cloths on which the impurity falls, if the impurity is to the amount of a Dirham (50 pence coin) and it is not possible to wash it before the cloths becoming polluted again, then it is not necessary to wash it before offering Salat. If, however, one thinks that, it is possible to wash it and perform Salat without the impurity falling onto the cloths again, then it will be necessary to get rid of it, otherwise Salat will be invalid. (See: al-Lubab fi Sharh al-Kitab, 1/64).

 

I sincerely hope that all your questions have been answered with the above explanation.

 

And Allah knows best

[Mufti] Muhammad ibn Adam

Darul Iftaa

Leicester , UK

 

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RULES RELATING TO THE MA’ZUR

 

1. If someone’s nose begins to bleed in such a way that it doesn’t stop, or
has a wound from which blood flows continuously, or is afflicted by the
sickness of urine dripping continuously – and in all these cases he does not
have such a time wherein he could offer his salaat with (complete) purity -
then such a person is called a ma’zur (excused). The rule in regard to him
is that he should make Wudhu for the time of every salaat. As long as that
salaat time remains, his Wudhu will remain. However, if apart from this
sickness, some other matter crops up which causes Wudhu to break, then his
Wudhu will break and he will have to repeat it. An example of this is: a
person’s nose began to bleed continuously and refused to stop. At Zuhr time
he made Wudhu. So as long as the Zuhr time remains, his Wudhu will not break
as a result of the bleeding nose. However, if (in that Zuhr time) the person
went to the toilet, or pricked himself with a needle and blood flowed, then
Wudhu will break and will have to be repeated. When this time passes, and
the next salaat time comes, then another Wudhu will have to be made (for
this second salaat time). In like manner, Wudhu should be made for every
salaat time. With this Wudhu, one can read any number and any type of
salaat – irrespective of Fard or nafl salaat.

 

2. If Wudhu was made at Fajr time, then after sunrise, salaat cannot be read
with that Wudhu. A fresh avdu will have to be made. If Wudhu was made after
sunrise, then it would be permissible to read Zuhr with that Wudhu and
there’s no need to make a fresh Wudhu for Zuhr. When Asr time enters, then
only will it be necessary to make a fresh Wudhu. However, if Wudhu breaks
for some other reason (eg. urinating or passing stool), then fresh Wudhu
will have to be made (as mentioned above).

 

3. A person had a wound which bled continuously. So he made Wudhu.
Thereafter, another wound emerged and began to bleed. The Wudhu will break
and will have to be made again.

 

4. A person will only be classified as a ma’zur and this ruling will only
apply to him when one complete time passes wherein the blood flows
continuously, and he is unable to read the salaat of that time in complete
purity. If such a time is found wherein salaat could be offered with
complete purity, then he won’t be classified as a Ma’zur. Whatever rules
that have just been mentioned, will not apply to him. However, if one
complete time passed, wherein he did not get the opportunity to offer salaat
in total purity, then he will be classified as a ma’zur. Now, the same rules
apply to him, i.e. make a fresh Wudhu for every salaat time. When the next
salaat time comes, then it is not a pre-requisite that blood should flow at
the time. In fact, if in that entire period, blood only flows once, and
stops flowing for the rest of the time – then too the person will be
classified as a Ma’zur. However, if after this, an entire time passes in
which no blood flowed at all, then the person will not remain in Ma’zur. Now
the ruling will be that each time blood flows, Wudhu will break.

 

5. Dhuhr time had already entered and only after that the blood of the wound
began to flow. So he should wait till the end of the time. If it stops, well
and good. And if it doesn’t stop, then he should make Wudhu and offer his
salaat. Now, if it continued flowing during the entire time of Asr and to
the extent that he could not perform his Asr salaat, then when the Asr time
passes, he will be classified as a Ma’zur. If the blood stops flowing in the
very time of Asr, then he won’t be regarded as a ma’zur and whatever salaats
he may have read in this time will not be proper and will have to be
repeated.

 

6. On account of urinating or passing stool, a ma’zur made Wudhu. At the
time of making Wudhu, the bleeding had stopped. After completing Wudhu, the
blood started to flow again. By the flowing of this blood, Wudhu will break.
However, that Wudhu which was made on account of the bleeding of the nose,
etc.; that particular Wudhu will not break on account of bleeding of the
nose.

 

7. If this blood falls on the clothing, etc. then check: if it will fall
again before he can complete his salaat, then it won’t be wajib to wash it
off. But if he knows that it won’t fall again so quickly and that salaat
could be performed in purity, then it will be wajib to wash it off. If the
extent of the blood is more than the size of a fifty cents coin then salaat
will not be complete without washing it off.

 

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Soiled Clothing

 

Q: I have a chronic disease with no cure, which is the inability to hold urination. My clothing is always soiled with urine.

 

  1. Do I have to change every time I have to pray, knowing that most of the time I'm away from home. What if I can not pray on time?
  2. Sometimes I start to pray and urine comes out, do I have to finish or stop praying?

bismillah.jpg

A: In Shariah, a person will qualify as a ma'zoor if the entire namaaz time passes in such a condition that he is unable to perform the wudhu and the salaah without the uzr being found (i.e. without the factor breaking the wudhu e.g. the coming out of urine being found). This is the law in regard to becoming a ma'zoor. However after one has become a ma'zoor, then in order for one to remain a ma'zoor, the condition is that the 'uzr will have to be found at least once in every namaaz time. The Shar'i law regarding a Ma'zoor is that he will have to renew his wudhu for every salaah time.

1. You should ensure that you perform the salaah in its time. If you are unable to change your clothes, then wash the area which the urine has soiled and perform salaah with the same clothing.

 

2. Through the urine coming out, your wudhu will not break. However since the urine has soiled your clothes, the salaah will be invalid. Hence you should break the salaah, change your clothes or wash the area which the urine has soiled and thereafter perform your salaah. If it is not possible for you to perform the salaah without the clothes becoming soiled, then in this case it is not compulsory upon you to change your clothes. Performing the salaah with the soiled clothes will be permissible. 

 

(وصاحب عذر من به سلس ) بول لا يمكنه إمساكه ( أو استطلاق بطن أو انفلات ريح أو استحاضة ) أو بعينه رمد أو عمش أو غرب وكذا كل ما يخرج بوجع ولو من أذن وثدي وسرة ( إن استوعب عذره تمام وقت صلاة مفروضة ) بأن لا يجد في جميع وقتها زمنا يتوضأ ويصلي فيه خاليا عن الحدث ( ولو حكما ) لأن الانقطاع اليسير ملحق بالعدم ( وهذا  شرط ) العذر ( في حق الابتداء وفي ) حق ( البقاء كفي وجوده في جزء من الوقت ) ولو مرة ( وفي ) حق الزوال يشترط ( استيعاب الانقطاع ) تمام الوقت ( حقيقة ) لأنه الانقطاع الكامل ( وحكمه الوضوء ) لا غسل ثوبه ونحو ( لكل فرض ) اللام للوقت كما في لدلوك الشمس ( ثم يصلي ) به ( فيه فرضا ونفلا ) فدخل الواجب بالأولى ( فإذا خرج الوقت بطل ) أي ظهر حدثه السابق حتى لو توضأ على الانقطاع ودام إلى خروجه لم يبطل بالخروج ما لم يطرأ حدث آخر أو يسيل كمسألة مسح خفه وأفاد أنه لو توضأ بعد الطلوع ولو لعيد أو ضحى لم يبطل إلا بخروج وقت الظهر( وإن سال على ثوبه ) فوق الدرهم ( جاز له أن لا يغسله إن كان لو غسله تنجس قبل الفراغ منها ) أي الصلاة ( وإلا ) يتنجس قبل فراغه ( فلا ) يجوز ترك غسله هو المختار للفتوى وكذا مريض لا يبسط ثوبا إلا تنجس فورا له تركه (الدر المختار 305-307)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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