Hamzah Wald Maqbul – Maliki Fiqh Khuffs Ribat 05012019
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AI: Transcript ©
So before you start, actually, let's have a
little
chitchat
with regards to this issue.
And,
the idea is this is that Allah in
his book,
he said,
he he said,
So wash wash your feet. The command to
wash your feet is
explicitly is mentioned in the Quran.
So the
the Hanafi and the are
not in the sense, but in the sense
that there are
there are
tiers of,
there are certain
tiers of privileged
that are privileged over others for for for
reasons. Right?
Whereas, theoretically, although it's not practically true and
I'm not really someone who should be talking
about other people's but in the
Athari methodology,
right, if you have a hadith, the prophet
said it, so it should theoretically just
that's it. It's end of story. And even
in,
you know, in theory in the Maliki school
and Hanafi school,
in theory that's actually a solid line of
reasoning. The problem is this is that
the the, hadith of the prophet
sallallahu alaihi wa sallam,
even though
if he said it, it's basically as solid
as the Quran itself. The transmission of it
is not tran is is not as solid
as the transmission of
of the,
of the, of the, of the Quran.
So, there's the idea of Dalala and Subut.
In Dalala, both the words of the prophet
and the Quran are the end of story.
Right? Whereas in Tubut, the the the
hadith of the prophet in the Quran are
a tier that are privileged over the
over the,
one off, narrated or single chain narrated hadith
of the prophet
And so,
we have this issue here now when we
get to,
these types of matters, like wiping over hoofs,
which is that the commandment to,
wash the feet is
is mentioned explicitly in the Quran.
And, the exception to it is
is is documented by a lower tier of
of,
or at least in theory.
And so this issue of the,
the validity of wiping over
over hoofs,
it actually does reach the Had of Tawatr,
and that's why the Fokkaha accepted.
Maybe the the
the would have accepted it,
and the Fokaha wouldn't accept for it, it
reaches the had of Tawatr. So this is
actually one of those things that,
like, have mercy on him, you'll find that
he has a number of opinions on on
on many issues. There's
sometimes there's more than more than that in
terms of his he has different opinions in
his lifetime. Malik Malik and Abu Hanifa, it's
not as common.
It's there, but it's not as common. This
is one of the issues in which Malik
basically changes his mind. He resists,
accepting the validity of
wiping on the hoofs until
later in his life when he's
convinced
that this is narrated through so many chapters
of,
so many sorry, through so many narrators,
as if to,
give it the confer the status of to
it,
and preclude the possibility
of
mistake
or lying or conspiracy.
And so, you know, there there's basically
the Mas Khalil Khufain,
even though it's discussed in the Fiqh books
and it's properly a Fiqh issue, it's mentioned
in the books of Afida.
It's mentioned in the Tawawiyal and Nurul.
It's
actually mentioned in the Tawiya, and people find
it strange why is this being mentioned in
the Tawiya. The reason is because the the
the transmission of the validity of wiping over
hoofs
is,
so wide
that,
it becomes a point of that accept it.
It's because
something
that's and something that's a point of mutawatr
mutawatr hadith becomes a a daliyah along with
what's in the Quran. It becomes a daliyah
not only in the, in the Maidan of
fiqh, but also in the Maidan of Aqidah.
So that's one thing to understand about this.
The second is that it is an exception,
however, it is an exception to the rule.
The rule is what?
You have to wash your feet. This is
an exception.
And so for that reason,
the * the * is not really
a thing we do here. So people will
will ask about, well, you know, you can
wipe over hoofs. Does that mean you can
wipe over socks? No. It doesn't.
Why? Because you theology
is made on a rule, analogy is not
made on an exception.
And so the
narration with regards to the permission to wipe
over
is just for that, it's for.
The word means something different in
means sock.
They mean they mean 2 different things. Right?
They mean different things. Shu is has a
different word in the Arabic language.
So we make analogy on what? We make
analogy on the rule, we don't make analogy
on the exception. Now there is a poll
in the Hanbali Madhav that allows wiping over
socks because of
a couple of handful of hadiths that are
narrated with regards to the permissibility of of
wiping over socks. However, according to Malik's,
and Abu Hanifa's
methodology,
those hadith are disputably Sahih at best.
They're disputably Sahih at best. They don't reach
anywhere near what we need for Tawat'r. Now
in their usul, in the Athari usul, that
may or may not even be a big
deal.
Whereas in the in the Maliki
and Hanafi,
this is not it doesn't pass muster.
This is one of the things I think
a lot of, a lot of, because in
the like, my understanding is the Fatwa position
of the 3 Madhavs,
the Shafir and Han Hanbali sorry. The Shafi'i
and Hanafi'i and the Maliki schools that is
not valid to wipe over socks.
Because of that,
you know,
I I would not I would not feel
comfortable giving the dispensation,
to a person who asked for it. However
however, it would be academically dishonest if I
mentioned that the opinion didn't exist amongst the
Hanavila.
There are some people who've tried to backwards
engineer it for the Hanafis,
and,
I I I find those those types of
whatever Islam QA type fatwas to be laughable.
And sometimes they actually misquote sources and do
all these things. The fact of the matter
is in the Hanafi school,
the type of socks that that that that
a person can wipe over are the ones
that are
in description similar to huffs.
So what is the definition of what a
khu is? A khu is a type of
footwear that the Arabs used to wear. And
I suspect it's not just the Arabs, I
think it used to be popular in, you
know, in antiquity and in in the mid
in the middle ages as well. It's essentially
a shoe that doesn't have a sole.
Not like like you heartless bastard. You have
no soul. Not that, but like the like
the hard part of the the underside of
the the the the the shoe. Right?
So it's hide all around.
And,
that's one of the things I watched. Like,
someone sent me a link to, like, a
medieval,
like, some medieval enthusiast,
like, YouTube page or whatever. And so he
mentioned that, like, why is it that in
all of the the pictures, they're always, like,
lurch forward when they're walking. They actually used
to walk like that because, you know, when
you have a sole, you can step on
a lot of things. It's not gonna hurt
your foot. Whereas if you're walking with something
like a hoof, you know, you step on
something sharp, it will still hurt and it
will still ruin your your foot gear. So
you had to kind of feel the ground
a little bit before
before before stepping on it. And so he
argued that that gait, even though it looks
awkward to us, it was probably more natural,
but whatever. That's, like, not what we're talking
about right now. But the point is is
this is that the the the hoof is
this type of foot gear. It's like a
shoe without a sole.
And,
it has, according to the three,
three characteristics.
One is that it holds its shape. It
doesn't crumple up like a sock.
The second is that if you drip water
on top of it, drop by drop, the
water will not get inside.
It's different than saying that you can submerge
it in water. If you submerge it in
water, water will get inside because there's stitching
and things like that, but the the the
material is thick enough that the water won't
get into it. And the third the third
is that a person should be able to
walk 3 miles in it, and it doesn't,
like,
rip
apart. Amongst
the, he he gave it a 4th
adjective
as well, which is that they that they,
that they have to be made out of
hide.
That they have to be made out of
hide because the Arabs didn't used to have
except for they were made out of some
animal hide.
And the others the others didn't keep that
didn't keep that condition.
But, that's what a hoof is. It's not
a sock. It's not a shoe. It's not
a boot. It's not sandals.
What you know what I mean? It's it's
a thing. You can get them.
Probably the best place to get hoofs in
the entire world is Riwind or the Tabuli
Markaz is in in Pakistan.
You can get them custom made and things
like that. I don't see a whole lot
of places actually that doing, you know, doing
that anymore. But,
you know, if you, you know, if you
wanna get a pair of hooks, you can
find
your local friendly,
you know, like, supply dealer,
and they'll probably be able to get you
get get you a proper set of hoofs.
Even then, the leather is very soft. What
I imagine that the old hoofs were, they're
not like these ones that they have, like,
zippers and things like that on them right
now.
Rather, it was essentially like, some sort of
rawhide boot that has no no, what you
call, sole on the bottom.
Go ahead.
Yeah.
Person has. They wash their feet amongst all
the other washings of,
and they have a valid,
and then they put the on. Now when
they have the khusan and valid wudu
Yeah. So if,
if that person
that did like what we just mentioned, if
their wudu breaks,
then they're they can do the rest of
the the upper part of the wulu. And
when it comes time to the feet, they
just wipe over their feet. And he'll mention
how the the feet are wiped later. Go
ahead.
Yeah. So,
the idea is what
is that the way the wiping works is
that your hands
are
somewhat moist with the with the water, and
then
you just
grab the grab your foot from the top
and the bottom, and you can go from
front to back or you can go from
back to front depending on what makes sense
for you.
Because people used to walk in the desert
with their hoofs.
One of the interesting things about the Maliki
Madheb is that Malek
so the other Madheb have to, like,
the Hanafis, I think you can pray 5
prayers with 1
with with 1 hoof session. Afterwards, you have
to take your hoofs off and then wash
your feet in the next.
And they extend that to 3 15, 3
days,
if you're traveling. Malik said there's no there's
no time limit.
There's no time limit. And,
it's interesting. The Shahman al Athar, Imam Taha,
he's like
master peach, like sledgehammer
of the Hanafi Madheb.
He actually oftentimes will bring a for
the against the Hanafi Madheb that's, like, pretty
hard to argue against. You know? It's really
good. It's it's a really wonderful book. I
mean, you can tell the old masha'ih who
are not trying to, like you know what
I mean? They're not trying to gather, Twitter
followers or whatever. They're actually trying to, like,
discuss and figure stuff out. So one of
the things I remember from and if I
hadn't read it, I would have not have
known. I haven't seen it in any Maliki
book. Right? So he mentions that Sayna Omar
who came from Iraq all the way to
Medina,
and he's he mentioned that I I've been
wiping over the same hoofs, like, the entire
trip.
So I imagine coming from Iraq to Medina
takes more than 3 days back in the
day. It's a long time.
The point is is what? Is that he
doesn't consider there to be,
any time limit. At any rate, if a
person, if a person has
the, the the foot in with wool, then
they wipe like that. And you can wipe
from the front to the back or from
the back to the front, depending on what
makes sense. If the person like, for example,
the way the stitching is. Right? The point
is you don't want the wipes to end
where the where the stitching is
because then the water might go through and
that'll just be annoying. So he says you
can wipe from front to back, back to
front. Now interesting,
the,
the other madahib,
they have this thing where they they say
that that you just wipe the top of
the hoof. Right? So Malik says you try
to wipe the top and the bottom. The
other, they're like, wow. That's really weird.
Okay. Good for you. But just remember that
you may see that nobody else does this,
and you're the only one who does it.
There's a lot of things like that. I
just came back from Umrah. Nobody else makes
a with the
money. What are you gonna do?
One time, a gentleman from,
one of our beloved Arab countries,
in in very eloquent fusha, you know, as
if he was the as if he was
like the mutanabi of the Mataf.
He said, Hajji mafia and,
and then I then I looked at him
and I said I said I said,
and,
he looked at me and he got scared
and run away.
So and I probably shouldn't have done that.
That's probably like bad adab in the map
off and stuff like that, you know.
We do so many dumb things and we
don't get struck by lightning. It's another another
another page in, like, the the the the
chapter of Allah Ta'ala's mercy.
So I said I said I said you
look clean shaven guy. You're gonna tell me,
like, how to make umrah now, like and
then he looked at me and he's like,
maybe we don't wanna
talk to this guy. It's funny. It's funny
because I I dress I dress like a
desi. Right?
I walk around like a desi. And I'm
and and when I'm in Hajjat, at least
I have, like, this is Turkish dolpi. It
looks a little more imposing. I have, like,
the desi dolpi as well when I'm there.
So people say stuff to you, and they
don't think you even understand what they're saying.
You know? And then when you respond to
them in proper Arabic, then they're like, oh
my god. Let's just move along,
which is fun. Fun times. Umma is fun.
Umma is fun. Okay. Fun Umma story.
Completely
or mostly irrelevant
to wiping over hoofs. One time I went
to Hajj. Okay? And we had a a
group from from a a huge group of
Yemenis that we were basically, like, in the
same tent with an Arafat from Detroit. Okay.
This huge Yemeni community in Detroit. Right? So
their imam is a really nice guy. He's
the imam in the
in in the the Dix Road Masjid.
His name is Sheikh Hamoud. He recites Quran
wonderfully. Really, really nice guy. Right? So he,
you know, the Yemenis basically ran the show.
They could have overpowered it if they wanted
to, but he was a nice guy. He
called all the different imams and said, let's
make a program for how we're gonna spend
the day in Arafat together. So we should
have one Bayan in Arabic, 1 in Urdu,
1 in English, and then the Arabic one
should be translated into the other two languages.
All of them should be translated into all
the languages.
Right? So they picked this, okay, you know,
you do this, you know, you do the
Arabic band, you just so they picked me
to do the English band, then, they're like,
okay, who's gonna translate now? So when it
came to asking who's gonna translate Urdu? Okay.
Their Somali uncle said, I'll translate into Urdu.
And,
you know,
I was like, wow. You know, like, okay.
Cool. I go tell you, this is interesting.
Tell me more about this. You're gonna translate
it into Urdu. He said, I studied in
Benuritam,
Madras, and Karachi. I said, okay. I go,
did you graduate from there? He says, no.
I only studied for 4 years, and I
got a a scholarship to go and study
in
a in a in a university in Arab
country, and then I regretted it when I
got there and I wanted to go back
to Benuritam. And I said, okay. He actually
probably did study in Benuritan then, you know.
So,
one,
one young man, good young man,
he's like he's like, do you even know
Urdu? I'm like, shut up. His words is
better than yours. And,
like, you know, I'll be I'll be darned.
I was giving ban in in English,
and this Somali uncle, whose English was pretty
good too, he is simulcasting my Bayan in
in Urdu. And the fun part is not
that this was weird, but this is what
the history of our Ummah is. This is
how our Ummah has always been.
So
So it's it's we're sad that we're shielded.
We're
from this now.
Otherwise, this is how how our ummah has
always been.
So anyhow, the if you see people the
point is if you see somebody and they,
like, look at you weird for, like, wiping
the bottom of the hoof. Yes. You heard
right.
Malik said, do you wipe the top and
the bottom? And
they probably followed their own
keep them happy. You just keep doing what
you're doing. Go ahead.
Okay. So so, the point is is this
yeah. Go ahead. Just finish it, actually. I'm
sorry. Go ahead.
So the the the the last thing he
mentions is I mean, he mentions a little
bit more, but we already covered it.
The last thing essentially, functionally that he mentions,
inshallah, before we break for salat is that,
if you have if the khuf is dirty,
if it has dirt on it, or it
has, like, animal dung or something like that
on it,
don't just wipe over the, like, nasty dirty
hoof because you don't have to wash it.
Get rid of the disgusting stuff first, even
if you have to wash it.
Then wipe over it,
which hopefully should be common sense, But common
sense is not so common after all, is
it?