Monday, March 3, 2008

Masah Over Socks

Following is an excerpt from Mufti Taqi Usmani's Fatwa regarding Masah Over Socks, as per my limited understanding.

Quran & Hadees are important to formulate any ruling.

The Quranic Command

Allah Ta'ala says,
"Oh Believers, when you stand up for prayer (i.e. when you intend to pray and are not in the condition of Wudhu) then (perform Wudhu and) wash your faces and (wash) your arms including your elbows, and wipe your heads (with wet hands) and (wash) your feet including the ankles".
(Al-Qur'an, Surah Al-Maidah, verse 6).

In the above verse Allah commands us to wash our feet. Therefore to perform masah of the feet should not be permissible in any situation, even if the socks are made of leather.

However, permissibility of performing masah over leather socks has been approved by the consensus of the Ummah. The consensus is based on the certainty of the matter by Tawaatur (overwhelming number of authentic narrations from the Prophet (Sallallahu alaihi wa sallam)). Had there been only two or three narration's from the Prophet (Sallallahu alaihi wa sallam), then such a few Ahadith (narration's from the Prophet (Sallallahu alaihi wa sallam)) would not have been sufficient to specify (Taqyeed) and elaborate on this Qur'anic verse.

Therefore, the Ahadith in regards to 'Performing Masah over leather socks' are established by Tawaatur (as Narrations regarding 'Masah Over Leather socks' are available from more than eighty companions of the Prophet (Sallallahu alaihi wa sallam)), and therefore can be used in elaborating on the verse of Surah Al Maidah, that is, washing of the feet is only specific in the case that a person is not wearing leather socks.

Therefore if the masah of the leather socks (masah 'alal khuffain) was not established from the Tawaatur or Istifaadhah (overwhelming number of narration's) then an elaboration could not have been applied on the verse of the Qur'an which orders us to wash our feet during Ablution.

Statements From Hafiz Ibn Hajar(RA) and Hasan Al-Basri (RA) establishing Tawaatur
Hafiz Ibn Hajar (RA) says in Fathul-Baari, (Naylul Awtaar, first volume, p.176). "A overwhelming group of the Huffaz (Experts in Hadith) have declared that masah 'alal khuffain is established by Tawaatur), and some of them have mentioned that they collected and enumerated the narration's from the companions of the Prophet (Sallallahu alaihi wa sallam) and found them to be more than eighty in number, from which ten of them are narrated by the Asharah-e-Mubasharah (the ten companions that were given glad tidings of Paradise in a single gathering from the Prophet (Sallallahu alaihi wa sallam)."(Naylul-Awtaar, first volume, p. 176). Hasan Al- Basri (R.A.) says, "I met seventy companions who participated in the Battle of Badr, all of whom believed in the performing of masah 'alal khuffain."(Talkheesul-Habeer, first volume, p., and Bada'e us-Sana'e, first volume, p.7).

Type Of Socks
Socks are of three types:

(1) KHUFFAIN, (Leather socks), it is permissible to make masah over them based on consensus supported by Tawaatur.

(2) Thin socks, not made of leather, nor having the qualities of leather, but are like the regular socks made from cotton, wool, or nylon. It is NOT permissible to make masah on such socks as it is not established with enough evidence that would enable one the leave the order of washing the feet as mentioned in the Qur'an.

(3) Thick socks, not made from leather, but have the qualities of leather. According to some Jurists, it is permissible to make masah over such socks. While others say it is not permissible.

The meaning of "KHUFF" in Arabic applies only to socks made out of leather. Socks made from cloth are not called "KHUFF" in Arabic. Therefore, the permission of making masah is only specific with the leather socks.

Regarding other types of socks (i.e. apart from leather socks) the command of the Qur'anic verse of washing the feet must be implemented as masah on other types of socks is not established by Tawaatur

Ahaadith on masah (wiping) over the socks (Jowrab)
From all the collections of Ahaadith, there are only three Hadith concerning wiping over socks (Jowrab).

One Hadith is narrated by Bilal (Radhi Allahu anhu),
The second by Abu Musa Ash'ari (Radhi Allahu anhu),
The third by Mughirah ibn Shu'bah (Radhi Allahu anhu).

The narration of Bilal has been recorded in M'ujam Sagheer Tabraani, and the narration of Abu Musa in Ibn Majah and Baihaqi. However, Hafiz Zayla'ee (a far renowned Muhaddith) in his famous works, Nasbur-Raaya, Vol. 1, pp. 183-184., has proven that both the Sanads (chain of narrators) are defective and weak.

In regards to Abu Musa's narration, Imaam Abu Dawood Sajastaani (R.A.), in his works of Abu Dawood, being one book from the Sihaah Sittah (six most authentic books of Ahaadith) has written:

"It (the Hadith's sanad) is not continuous, nor is it reliable (strong)."(Bazhlul-Mujhood, Vol. 1, p.96)

The remaining Hadith of Mughirah ibn Shu'bah is mentioned by Imaam Tirmizi as being a good and sound Hadith. Some other eminent Muhadditheen have disagreed with Imaam Tirmizi. Imaam Abu Dawood (R.A.), after recording this narration states,

"And Abdur-Rahman ibn Mahdi should not narrate this Hadith, because the authentic famous narration from Mughirah ibn Shu'bah is that the Prophet (Sallallahu alaihi wa sallam) used to perform masah 'alal khuffain."(Bazhlul-Majhood, Vol. 1, p.96)

Allamah Nawawi (R.A.), Commentator of Sahih Muslim, (Nasbur-Raaya, Vol. I, p. 183) writes, "All the Muhadditheen who criticized this Hadith as being weak were separate in their statements (i.e. not voiced together), even then, they would be correct over the ruling of Imaam Tirmizi, as the fundamental principle is that criticism prevails over approval. All the Huffaz of Hadith agree that the narration is weak. Therefore, the statement of Imaam Tirmizi, "This Hadith is Hasan, Sahih", is not acceptable."
(Nasbur-Raaya, Vol. l, p.l83) .

Even if we assume that the statement of Imaam Tirmizi is correct, then too it is only one Hadith from the entire collection of Ahaadith. Again the same question arises, can we leave the clear command from Allah Ta'ala to wash our feet while performing Wudhu on the basis of one Hadith. Therefore the Ahaadith about masah 'alal jowrabain do not reach the level of Tawaatur. In fact, in all the collections of Ahaadith we find only three narration's, from which two are unanimously weak, and the third is criticized by majority of the Muhadditheen, only Imaam Tirmizi declares it as a Sahih Hadith. So to leave, restrict, or define the command of Allah Ta'ala on the foundation of such weak narration's is not acceptable in the Shari'ah.

A very famous 'Aalim, Allamah Shamsul Haqq Saheb Azeem Abaadi (RA.), (popular among the Ahle-Hadith) writes, "Socks can made out of leather, wool, cotton, etc., everyone of them are called "SOCKS". It is not permissible to wipe over any type of sock until it is not established that the Prophet (Sallallahu alaihi wa sallam) used to wipe over socks of wool, etc."('Awnul-M'abood, first volume,p.62).

Masah Without Wudhu
Also people who performs Masah over socks should note that Masah can only be performed when the person is already in a state of Wudhu. The reason for this is the Prophet (Sallallahu alaihi wa sallam) wiped over his shoes only when he already was in the state of Wudhu. He used perform a fresh Wudhu for every prayer, because he was already in the state of Wudhu, instead of washing his feet he would wipe over his shoes. The proof of this is in Sahih Ibn Khuzaimah,

"It is reported from Ali (Radhi Allahu anhu) that he asked for a glass of water, he then performed a brief ablution and wiped over his shoes. He then said, this is how the Prophet (Sallallahu alaihi wa sallam) used to perform his wudhu when his wudhu was not broken. (Sahih Ibn Khuzaimah, Vol. 1, Hadith 300, Chapter 154, p. 100).

From this Hadith we learn that a person who does not have Wudhu, can't wipe over his shoes.

Conclusion
In conclusion, all reliable Fuqaha and Muitahideen agree that thin socks that allow water to seep through them, do not stand upright without support, and can not be walked in continuously, are not permissible to make masah on. Shoes are also not allowed to be wiped over. Thin socks of today that are made out of cotton, wool, nylon, etc., do not have the features of leather socks, therefore, it is not permissible to make masah over them. If someone does, their wudhu will not be valid, according to Imam Abu Hanifah, Imam Malik, Imam Shafi, Imam Ahmed ibn Hanbal, or any other Mujtahideen.

Also by making a little bit of extra effort, if we can wash our feet rather than wiping our socks, then we are leaving no room for doubt. And we are adopting something which is very clear over something on which some doubts are raised by a majority of Ulema. 

And Allah knows best.

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