Unfortunately we see many Muslims today, despite the availability of ample water, touch the Qur'an (for recital/learning) without Wudu or in conditions of Junub (sexual defilement), saying that " there isn't any report from the prophet (s.a.w) forbidding us to do so" . They have a valid ijtihadi difference in the light of qur`an was sunnah `ala fahm as-salaf and i have posted the difference i.e the opposing view to this article here :
Link: http://the-finalrevelation.blogspot.in/2014/07/proofs-for-reciting-and-touching-quran.html
I posted the opposing article only so as to allow the readers to read for themselves and analyse. So yes,there is a conflict of scholars in this issue but i side with the following conclusion as compiled below :
(1) CERTAIN PROOFS SHOWING IT IS NOT RECOMMENDED TOUCHING THE QUR'AN (FOR LEARNING/RECITAL) WITHOUT WUDU :
There aren't any marfoo' reports from the prophet (s.a.w) regarding the touching of the Qur'an without wudu' maybe because Qur'an wasn't compiled in the form of a book during his lifetime or due to some other reason. However, it is a known usool that when we don't find anything from the Prophet (s.a.w), then the actions/commands of the sahabas become an evidence and thus an Hujjah for the Ummah of Muhammad (s.a.w)
Now, the scholars have mentioned the names of many sahabas and tabai'n who are opposed to touching the Qur'an without wudu but to make things more evident or say clear, i will mention the narration of 2 great sahabas (and the opinion of some great Imams + many scholars later under section 4 below) , the action of which is a strong proof in itself. However there are opposing views from the salaaf as well, details of which will be added at the end of this sub-topic.
PROOF # 1.1
Abdur-Rahmaan ibn Yazeed and others narrated: “We were with Salmaan Al-Faarisee (radiyallaahu `anhu) on a journey and he relieved himself. We said to him: “Please perform wudoo’ because we would like to ask you about a Verse from the Qur’aan.” He said: “Ask me. I am not going touch it. Verily, “None touch it except the purified." " So he recited to us what we wished.”
This Hadith is documented in Musanaf Ibn Abi shaibah (1/98), Sunan Al-Darqatni (1/121) Sunan Al-Bayhaqi Al-Kubra (1/87), Al-Mustadrak (1/292); Authenticated by Al-Haakim (2/477) wherein he said this is saheeh upon the condition of Bukhari and Muslim, Al Dhahabi agreed with Hakim on this. Ad-Daaraqutnee (1/124) said all the narrators are thiqah, Ibn Taymeeyah (Majmoo`-ul-Fataawaa, 26/200), Al-`Azeem’aabaadee (At-Ta`leeq-ul-Mughnee, 1/222/442), `Amr Saleem (Ar-Rauh war-Raihaan, p.106) and Muhammad Baazmool (At-Tarjeeh fit-Tahaarah, p.87).]
PROOF # 1.2
Mus`ab ibn Sa`d ibn Abee Waqqaas narrated: “I was holding the mus-haf (Qur'an) in front of Sa'd ibn Abee Waqqaas (radiyallaahu `anhu), and I scratched myself. Sa`d said: “Maybe you touched your private part?” I said: “Yes.” He said: “Stand up and go and perform wudoo’.” So I went and performed wudoo’ and returned.”
[Reported in Muwatta Malik : Book 2 Hadith 91 and Authenticated by Al-Baihaqee (Al-Khilaafiyyaat, 1/516/309), Ibn Taymeeyah (Majmoo`-ul-Fataawaa, 26/200), Al-Albaanee (Al-Irwaa’, 1/161), Al-Hilaalee (Al-Muwatta’, 96; Al-Masaahif, 709-712), `Amr Saleem (Fath-ul-`Azeez, p.46; Ar-Rauh war-Raihaan, p.105-106), Zakariyyaa Al-Baakistaanee (Aathaar-us-Sahaabah, 1/70), Mashhoor Salmaan (Al-Khilaafiyyaat, 1/516/309; 2/277/555), Al-Judai` (`Uloom-ul-Qur’aan, p.516)]
Note: Wudu does not break when there is a barrier between because of the hadeeth and the famous opinon of the scholars :
"Whoever touches his sexual organ without any covering (between them) must perform ablution."
[Reported by Ahmad, Ibn Hibban and Al-Hakim, who classified it as sahih (authentic), as did Ibn `Abdul-Barr]
The verse "None shall touch it except the pure ones {Al Waqiah 79} is implied towards the angles and not humans , and this is what the majority have agreed upon even though some of our salaaf have used this verse literally . To summarize various opinions I'll quote a paragraph from al-Tabari's tafseer on this verse, which states :
Al-Tabari writes that the meaning of, "In a Book well-guarded," is a reference to a Book with Allah.He narrates that opinion from ibn Abbas, Mujahid, Jabir ibn Zaid and Abu Nuhaik. Then he records the early scholars' interpretation of "those who are pure". Ibn Abbas, Saeed ibn Zubair, Jabir ibn Zaid, Abu Nuhaik, Ikrima, Mujahid and Abu al-Aliya all stated that it is in reference to the angels and not to mankind. Some said that it is in reference to those who are free of sin, meaning the angels and the messengers. Finally, some stated that in Allah's presence only the pure touch it while among mankind all touch it. For example, Qatada explained this verse by saying, "That is in the Lord of the Worlds' presence. As for among you, the impure polytheist and the filthy hypocrite touch it."
[Muhammad ibn Jarir al-Tabari, Jami al-Bayan an Taweel Ayi al-Quran (Beirut: Dar al-Fikr, 1988), vol. 13, part 25, pp. 205-206, see with the checking of Mahmoud Shaakir].
Note that al-Tabari did not record from any early scholar that the meaning of this verse is in reference to those who are free of major and minor impurities.
Ibn Kathir also supports the interpretation of the pure as being the angels
[Ismail ibn Kathir, Tafsir al-Quran al-Adheem (Riyadh: Maktaba Dar al-Salaam, 1992), vol. 4,pp. 314-315.].
Also, see Tafseer al-Baghawee , al-Jaami' ul Ahkaam, Suratul Waqiyah 77-79 and Suyuti's Daarul Manthoor volume 8, Page 26 - Daarul Ihyaa 'Ul Turaathul Arabi
One of the most detailed discussions of this verse is by al-Qasimi, who also comes to the same conclusion
[Jamaal al-Din al-Qasimi, Mahasin al-Taweel (Dar Ihya al-Kutub al-Arabi), vol. 16, pp. 5659-5664.].
Also see : Shams al-Din ibn al-Qayyim, Madarij al-Salikeen, (Beirut: Dar al-Kitab al-Arabi, 1972), vol. 2, p. 321. In all, ibn al-Qayyim gives a total of seven strong arguments that prove that the "pure" in the verse could not be in reference to humans but is, in fact, a reference to angels;
Certain Salaf were of the opinion that one may touch and recite even durig minor and major impurities such as Ibn 'Abbas (r.a){see al-Mundhir 2/98} , ash-Shaabi (r.h) as quoted by Imam Shawkanee in Fath ul-Qadar v 5 page 207-208, al-Bukharee (r.h) and others. This was also the opinion of Imam Hasan al Basree (r.h) as quoted in Ibn abi Shaybah (7426, Sahih by Shaikh Mashoor al-Hasan), and (7429, Hassan), so there is a difference of opinion among scholars on this topic. Yet out of respect , when water is available and we aren't suffering from any difficulty (such as disease or shortage) then while touching and reading or learning requires wudoo'
Note: Wudu does not break when there is a barrier between because of the hadeeth and the famous opinon of the scholars :
"Whoever touches his sexual organ without any covering (between them) must perform ablution."
[Reported by Ahmad, Ibn Hibban and Al-Hakim, who classified it as sahih (authentic), as did Ibn `Abdul-Barr]
The verse "None shall touch it except the pure ones {Al Waqiah 79} is implied towards the angles and not humans , and this is what the majority have agreed upon even though some of our salaaf have used this verse literally . To summarize various opinions I'll quote a paragraph from al-Tabari's tafseer on this verse, which states :
Al-Tabari writes that the meaning of, "In a Book well-guarded," is a reference to a Book with Allah.He narrates that opinion from ibn Abbas, Mujahid, Jabir ibn Zaid and Abu Nuhaik. Then he records the early scholars' interpretation of "those who are pure". Ibn Abbas, Saeed ibn Zubair, Jabir ibn Zaid, Abu Nuhaik, Ikrima, Mujahid and Abu al-Aliya all stated that it is in reference to the angels and not to mankind. Some said that it is in reference to those who are free of sin, meaning the angels and the messengers. Finally, some stated that in Allah's presence only the pure touch it while among mankind all touch it. For example, Qatada explained this verse by saying, "That is in the Lord of the Worlds' presence. As for among you, the impure polytheist and the filthy hypocrite touch it."
[Muhammad ibn Jarir al-Tabari, Jami al-Bayan an Taweel Ayi al-Quran (Beirut: Dar al-Fikr, 1988), vol. 13, part 25, pp. 205-206, see with the checking of Mahmoud Shaakir].
Note that al-Tabari did not record from any early scholar that the meaning of this verse is in reference to those who are free of major and minor impurities.
Ibn Kathir also supports the interpretation of the pure as being the angels
[Ismail ibn Kathir, Tafsir al-Quran al-Adheem (Riyadh: Maktaba Dar al-Salaam, 1992), vol. 4,pp. 314-315.].
Also, see Tafseer al-Baghawee , al-Jaami' ul Ahkaam, Suratul Waqiyah 77-79 and Suyuti's Daarul Manthoor volume 8, Page 26 - Daarul Ihyaa 'Ul Turaathul Arabi
One of the most detailed discussions of this verse is by al-Qasimi, who also comes to the same conclusion
[Jamaal al-Din al-Qasimi, Mahasin al-Taweel (Dar Ihya al-Kutub al-Arabi), vol. 16, pp. 5659-5664.].
Also see : Shams al-Din ibn al-Qayyim, Madarij al-Salikeen, (Beirut: Dar al-Kitab al-Arabi, 1972), vol. 2, p. 321. In all, ibn al-Qayyim gives a total of seven strong arguments that prove that the "pure" in the verse could not be in reference to humans but is, in fact, a reference to angels;
Certain Salaf were of the opinion that one may touch and recite even durig minor and major impurities such as Ibn 'Abbas (r.a){see al-Mundhir 2/98} , ash-Shaabi (r.h) as quoted by Imam Shawkanee in Fath ul-Qadar v 5 page 207-208, al-Bukharee (r.h) and others. This was also the opinion of Imam Hasan al Basree (r.h) as quoted in Ibn abi Shaybah (7426, Sahih by Shaikh Mashoor al-Hasan), and (7429, Hassan), so there is a difference of opinion among scholars on this topic. Yet out of respect , when water is available and we aren't suffering from any difficulty (such as disease or shortage) then while touching and reading or learning requires wudoo'
قال الشوكاني وَأَمَّا الْمُحْدِثُ حَدَثًا أَصْغَرَ فَذَهَبَ ابْنُ عَبَّاسٍ وَالشَّعْبِيُّ وَالضَّحَّاكُ وَزَيْدُ بْنُ عَلِيٍّ وَالْمُؤَيَّدُ بِاَللَّهِ وَالْهَادَوِيَّةُ وَقَاضِي الْقُضَاةِ وَدَاوُد إلَى أَنَّهُ يَجُوزُ لَهُ مَسُّ الْمُصْحَفِ وَقَالَ الْقَاسِمُ وَأَكْثَرُ الْفُقَهَاءِ وَالْإِمَامُ يَحْيَى لَا يَجُوزُ
1/262 نيل الأوطار كتاب الطهارة أبواب نواقض الوضوء باب إيجاب الوضوء للصلاة والطواف ومس المصحف
Ash-Shawkani said, “Regarding the one in a state of minor impurity, it has been narrated from Ibn Abbas, Ash-Sha’bi, Ad-Dahhak, Zaid ibn Ali, Dawud and others that it is permissible to touch the copy of the Quran. However, Al-Qasim, Imam Yahya, and the majority of jurists say it is not permissible.”
[Ref: Nayl Al-Awtar 1/262]
Note : In case of an exception such as when the Qur'an is falling, or when you have to immediately move the Qur'an from the ground to a higher level or when you are amidst a journey wherein there is no water,and in other similar situations it is allowed to touch the Qur'an without wudu. The view "It is not preferrable/ allowed to touch the Qur'an without wudu" applies when a person is going to read/learn from it and has water available at his disposal. See the fatwa of Shaykh Bin Baaz (r.h) : http://islamqa.info/en/10672
Secondly it is permissible to recite the Qur'an from memory without wudu because we have sufficient proofs for this plus there is an Ijmaa on this
According to al-Nawawi, there is a consensus (ijma) that it is permissible to recite the Quran while in a state of "minor ritual impurity". AlNawawi stated:
"Muslims agree that it is permissible for the one with minor impurities to recite the Quran although it is better for him to purify himself for that act. This was stated by Imam al Haramain [al-Juwaini] and by al-Ghazali in al-Basit. We do not say that it is disliked (makruh) for the one with minor impurity to recite the Quran. It is confirmed that the Prophet (peace be upon him) would recite it while in a state of minor impurity."
[Yahya al-Nawawi, al-Majmu Shard al-Muhadhab (Beirut: Dar al-Fikr, n.d.), vol. 2, p. 71.]
Thirdly, please note that we are not talking about Books of Fiqh or other islamic publishings which contain both verses of Qur'an and other commentaries in it, because those are not called as Mushaf (Qur'an) rather they are a mixture of speech/commentary/etc along with some verses of Qur'an , hence it is permissible to touch them without wudu or in a state of major impurity also and According to the majority of the scholars, it is permissible for a sexually defiled person to read such
books because his intention is not the "reading" of the Quran.[See Ibn Hajr, Fath, vol. 1, p. 408] , but with regards to touching the Qur'an, the correct opinion is that one should not touch it without wudu during reading/learning.
Secondly it is permissible to recite the Qur'an from memory without wudu because we have sufficient proofs for this plus there is an Ijmaa on this
According to al-Nawawi, there is a consensus (ijma) that it is permissible to recite the Quran while in a state of "minor ritual impurity". AlNawawi stated:
"Muslims agree that it is permissible for the one with minor impurities to recite the Quran although it is better for him to purify himself for that act. This was stated by Imam al Haramain [al-Juwaini] and by al-Ghazali in al-Basit. We do not say that it is disliked (makruh) for the one with minor impurity to recite the Quran. It is confirmed that the Prophet (peace be upon him) would recite it while in a state of minor impurity."
[Yahya al-Nawawi, al-Majmu Shard al-Muhadhab (Beirut: Dar al-Fikr, n.d.), vol. 2, p. 71.]
Thirdly, please note that we are not talking about Books of Fiqh or other islamic publishings which contain both verses of Qur'an and other commentaries in it, because those are not called as Mushaf (Qur'an) rather they are a mixture of speech/commentary/etc along with some verses of Qur'an , hence it is permissible to touch them without wudu or in a state of major impurity also and According to the majority of the scholars, it is permissible for a sexually defiled person to read such
books because his intention is not the "reading" of the Quran.[See Ibn Hajr, Fath, vol. 1, p. 408] , but with regards to touching the Qur'an, the correct opinion is that one should not touch it without wudu during reading/learning.
1.3)
Nafi narrates that Ibn `Umar (r.a) did not touch the Qur`an (Mushaf) until he was pure (this could mean either in wudu or in a state of non janaba wallahu `alam)
(2) PROOFS FOR NOT TOUCHING THE QUR'AN DURING JUNUB (SEXUAL DEFILEMENT) & MENSES
Note: For those group of scholars who permit a woman reading qur'an In the case of Menses, they say that a woman may use a cover such as gloves or read the Qur`an from a screen but cannot hold the Mushaf with her bare hands. See the fatwa of Shaykh Ibn Baaz here : http://www.aliftaweb.org/English/Pages/FatwasIbnBaz.aspx?View=Page&PageID=787&PageNo=1&BookID=14
Note: For those group of scholars who permit a woman reading qur'an In the case of Menses, they say that a woman may use a cover such as gloves or read the Qur`an from a screen but cannot hold the Mushaf with her bare hands. See the fatwa of Shaykh Ibn Baaz here : http://www.aliftaweb.org/English/Pages/FatwasIbnBaz.aspx?View=Page&PageID=787&PageNo=1&BookID=14
PROOF #2.1
Abdullah Bin Umar narrated that the prophet ( صلى الله عليه و سلم ) said: " no one touches the quran unless he is tahir ( pure )
Abdullah Bin Umar narrated that the prophet ( صلى الله عليه و سلم ) said: " no one touches the quran unless he is tahir ( pure )
[Ref: Mujamma Al Kabeer Tabraani Vol 12, H. 13217. Also Mujamma Al Sagheer]
1) Imam Ahmad said : I hope this hadeeth is saheeh [Irwa ul Galeel 122 - towards the end of the page in shamila ]
2) Al-Haithami in Mujamma' Al-zawi'd said all the narrators are trust worthy (1/281) or Chapter of touching the Qur’an, Hadith # 1512
3) Ibn Abd Al-Bir in Al-Istithkaar (2/458)said: this is a very known Hadith that scholars accepted and recognized and acted upon it and due to its famousness there is no need for its Isnaad
4) Al-Jawraqani said in Albateel wa almanakeer (1/553): it is a famous Hasan Hadith
5) Abdul-haq al-ishbeli said in Al-Ahkam Al-sughra 135 : it has authentic chain of narrators
6) 'Amr Saleem (Ar-Rauh war-Raihaan, p.106) and others authenticated this hadeeth
7) Shaikh Albani graded the hadith as authentic (Sahih Al-jami’e: 7780)
Now this hadeeth is interpreted in a variety of different ways by the scholars who after considering the different corroborating reports on this topic or similar reports on this topic, have differed in its interpretation. However, we are to be on the safe side and following the opinion which favors this hadeeth to work as a proof against touching the mushaf (Qur'an) in the state of Janabah or Menses.
Now this hadeeth is interpreted in a variety of different ways by the scholars who after considering the different corroborating reports on this topic or similar reports on this topic, have differed in its interpretation. However, we are to be on the safe side and following the opinion which favors this hadeeth to work as a proof against touching the mushaf (Qur'an) in the state of Janabah or Menses.
PROOF # 2.2
Hakeem Bin Hizam narrated: the prophet said: “Do not touch the Quran until you are pure”
This Hadith has been authenticated by: Al Hakim (6051), Al Dhahabi (6501), Al-Darqatni (said its Mursal and the narrators are trust worthy), Al-Haithmai (the narrators are trust worthy) while some weakened it, however the matan of this hadith is verified from other sources
PROOF # 2.3
PROOF # 2.3
Abdullah ibn Abi Bakr ibn Hazm that in a letter that the Messenger of Allah, may Allah bless him and grant him peace, sent to Amr ibn Hazm it said that no-one should touch the Qur'an unless he was pure.
[Source : Book 15, Number 15.1.1: (Muwatta - but this is mursal yet saheeh because of other shawahid also reported by al-Nisaa’i, 8/57; Ibn Hibbaan, 793; al-Bayhaqi, 1/87)
1. Al-Haafiz ibn Hajar said: A group of scholars classed this hadeeth as saheeh because it is so well known.
2. Al-Shaafi’i said: It is proven by them that it was a letter sent by the Messenger of Allaah (peace and blessings of Allaah be upon him).
3. Ibn ‘Abd al-Barr said: “This letter is famous among the scholars of seerah, and is so well known among the scholars that it does not need an isnaad. It is like tawaatur because the people accepted and recognized it.
4. Shaykh al-Albani said that its is saheeh. Al-Talkhees al-Habeer, 4/17.
5. See also: Nasb al-Raayah, 1/196; Irwaa’ al-Ghaleel, 1/158
There are more similar reports such as :
أخبرنا الحكمُ بنُ موسى ، ثَنَا يحيى بنُ حمزةَ ، عنْ سليمانَ بنِ داودَ ، حدّثني الزهريُّ عنْ أبي بكرِ بنِ محمدِ بنِ عمرو بنِ حزمٍ عنْ أبيهِ عنْ جدّهِ، قالَ الحكمُ ،: قالَ لي يحيى بنُ حمزةَ: إِفصِلْ أنَّ رسولَ اللَّهِ صلى الله عليه وسلّم كتبَ إلَى أهلِ اليمنِ أنْ: «لاَ يمسّ القرآنَ إلاَّ طاهرٌ ولاَ طلاقَ قبل إِملاكٍ ولا عتاقَ حتَّى يبتاعَ» قيلَ لأبي محمدٍ: قالَ: أحسبُ كأَنها منْ كتابِ عمرَ بنِ عبدِالعزيزِ .
[Sunan Al Darimi 2268 - Da'eef isnaad but matan is saheeh ]
PROOF # 2.4:
[Ref: Sunan Bayhaqi al Kubra : Hadith 7255]
The above narration discloses the entire letter of the prophet (s.a.w) sent to Yemen. In this letter the prophet (s.a.w) explains the laws of Islam such as zakaat, divorce rules and etc, and he also mentions " None shall touch the Qur'an but the pure" . This narration is a proof that the letter was sent to the Muslims and even then the prophet (s.a.w) specified the condition to touch the Qur'an (i.e to be pure from Junub/ and according to some scholars be in wudu also). Another similar hadith with similar wordings is :
أخبرنا أبُو عَبْدِ الرَّحْمَنِ السُّلَمِيُّ و أبُو بَكْرِ بنُ الحارِثِ الفَقِيْهُ قَالاَ نا عَلِيُّ بنُ عُمَرَ الحَافِظُ ثنا مُحَمَّدُ بن مَخْلَدٍ نا الحَسَنُ بنُ أبِي الرَّبِيْعِ ثنا عَبْدُ الرَّزَّاقِ أنا مَعْمَرٌ عن عَبْدِ الله بنِ أبِي بَكْرٍ عن أبِيْهِ قَالَ: كَانَ فِي كِتَابِ النَّبِيِّ لِعَمْرِو بنِ حَزْمٍ: «أنْ لاَ يُمَسَّ القُرْآنُ إلاَّ عَلَى طُهْرٍ».
[Sunnan Bayhaqi al Kubra (1/151), Hadith # 409 Dar ul Fikr Edition Beirut, Lebanon]
The above narration discloses the entire letter of the prophet (s.a.w) sent to Yemen. In this letter the prophet (s.a.w) explains the laws of Islam such as zakaat, divorce rules and etc, and he also mentions " None shall touch the Qur'an but the pure" . This narration is a proof that the letter was sent to the Muslims and even then the prophet (s.a.w) specified the condition to touch the Qur'an (i.e to be pure from Junub/ and according to some scholars be in wudu also). Another similar hadith with similar wordings is :
أخبرنا أبُو عَبْدِ الرَّحْمَنِ السُّلَمِيُّ و أبُو بَكْرِ بنُ الحارِثِ الفَقِيْهُ قَالاَ نا عَلِيُّ بنُ عُمَرَ الحَافِظُ ثنا مُحَمَّدُ بن مَخْلَدٍ نا الحَسَنُ بنُ أبِي الرَّبِيْعِ ثنا عَبْدُ الرَّزَّاقِ أنا مَعْمَرٌ عن عَبْدِ الله بنِ أبِي بَكْرٍ عن أبِيْهِ قَالَ: كَانَ فِي كِتَابِ النَّبِيِّ لِعَمْرِو بنِ حَزْمٍ: «أنْ لاَ يُمَسَّ القُرْآنُ إلاَّ عَلَى طُهْرٍ».
[Sunnan Bayhaqi al Kubra (1/151), Hadith # 409 Dar ul Fikr Edition Beirut, Lebanon]
PROOF # 2.5
Prophet (s.a.w) said "Touch the Quran only if you are pure” [ Al-Mustadrak:6051]
1. Al Hakim said it is Saheeh
2. Shaikh Al-Albani said after reviewing all the ways of this Hadith: “although all the ways from which this Hadith is collected has some weakness but this weakness is little as none of the narrators are accused of lying and the I’lla of the Hadith is either being Mursal or bad memorization of one of the narrators. Thus, as it is known in science of Hadith, the various ways strengthen each other if there is no narrators are accused of lying as Imam Al Nawawi documented in his Taqreeb then Al-Syooti in his explanation to that book. Upon that, we feel comfy and sure in our heart that this Hadith is Sahih especially that Imam Ahmad said its Sahih and used it as an evidence which is what Imam Ishaaq Bin Rahawaih said as well” [ Irwaa Al-Ghaleel]
3. Imam Ahmad Bin Hanbal said it is Sahih ( Masae’il Al-Baghawi) and (Nasb Al-raya2/341)
4. Imam Al-Shafi’e: This Hadith is accepted after scholars were sure it is a Book of the prophet
5. Ya’qub Bin Sufyan said: I do not know any Hadith that is more authentic than this Hadith (Mizaan Al-I’tedal: 2/202)
6. Al-Hakim said after narrating this Hadith: It is a Hadith that Umar bin abdulaziz and the Imam of scholars Muhammad bin Muslim that has the acceptance of this Hadith as authentic (1/397)
7. Ibn Abdul-Bir: This is a known book and its famousness does not require us to look into its Isnaad because it is in the rule of Tawater that people accept. (Al-Tamheed:17/338)
8. Is-haaq Bin rahwiah ( Al-Awsat: 2/101)
9. Yahya bin Ma’in it is accepted good Hadith (Al-tareekh of Aldoori: 647)
4. Imam Al-Shafi’e: This Hadith is accepted after scholars were sure it is a Book of the prophet
5. Ya’qub Bin Sufyan said: I do not know any Hadith that is more authentic than this Hadith (Mizaan Al-I’tedal: 2/202)
6. Al-Hakim said after narrating this Hadith: It is a Hadith that Umar bin abdulaziz and the Imam of scholars Muhammad bin Muslim that has the acceptance of this Hadith as authentic (1/397)
7. Ibn Abdul-Bir: This is a known book and its famousness does not require us to look into its Isnaad because it is in the rule of Tawater that people accept. (Al-Tamheed:17/338)
8. Is-haaq Bin rahwiah ( Al-Awsat: 2/101)
9. Yahya bin Ma’in it is accepted good Hadith (Al-tareekh of Aldoori: 647)
Conclusion: Historically speaking, the vast majority of the scholars considered it prohibited for a menstruating or sexually defiled person to touch the Quran . In fact, most of them also argued that one must be free of both minor and major impurities in order to touch the Quran. This opinion has been narrated from many of the early scholars. This opinion has been upheld by Malik, al-Shafi and the Hanafi scholars. It is the conclusion of, for example, ibn Qudama and ibn Taimiya
[ A1-Yaseen, p. 37.]
Upon closer inspection,however, one will note that many of these earlier scholars were content with quoting the verse from Surah al-Waqiah and the hadith, "No one but the pure shall touch the Qu ran," as their evidence
without a detailed discussion of the meaning of that hadeeth. Among the modern-day scholars, al-Mutairi also comes to this conclusion based, he says, "on the strength of its evidence."
[Al-Mutairi, p. 89. For the most part, al-Mutairi's work is a detailed discussion of various opinions.]
Malik made an exception for women who are teachers or students. He
said that they may touch the Quran under any circumstances if they have need to do so.
[Al-YaSeen, pp.37-8, Also see Qaadi Iyaad's Ikmaalul' Mu'lim]
These scholars also argue that menstruating women may touch the Quran indirectly. That is, they may use a stick to turn the pages and so forth. Jasim al-Yaseen came to the conclusion that a menstruating woman may recite the Quran but she may not touch the Quran directly but she may
read from the Quran and have someone turn the pages for her or she may touch it while wearing gloves
[Al-YaSeen, pp.38]
Thus It is forbidden to touch the Mushaf (Qur'an copy) when one is in Junub
[ A1-Yaseen, p. 37.]
Upon closer inspection,however, one will note that many of these earlier scholars were content with quoting the verse from Surah al-Waqiah and the hadith, "No one but the pure shall touch the Qu ran," as their evidence
without a detailed discussion of the meaning of that hadeeth. Among the modern-day scholars, al-Mutairi also comes to this conclusion based, he says, "on the strength of its evidence."
[Al-Mutairi, p. 89. For the most part, al-Mutairi's work is a detailed discussion of various opinions.]
Malik made an exception for women who are teachers or students. He
said that they may touch the Quran under any circumstances if they have need to do so.
[Al-YaSeen, pp.37-8, Also see Qaadi Iyaad's Ikmaalul' Mu'lim]
These scholars also argue that menstruating women may touch the Quran indirectly. That is, they may use a stick to turn the pages and so forth. Jasim al-Yaseen came to the conclusion that a menstruating woman may recite the Quran but she may not touch the Quran directly but she may
read from the Quran and have someone turn the pages for her or she may touch it while wearing gloves
[Al-YaSeen, pp.38]
Thus It is forbidden to touch the Mushaf (Qur'an copy) when one is in Junub
(3) PROOFS FOR NOT RECITING THE QUR'AN DURING JUNUB (SEXUAL DEFILEMENT)
To read more on this please visit : http://islam-qa.com/en/ref/2564/
PROOF # 3.1 :
1. Narrated ali ibn AbuTalib: ”The Apostle of Allah (s.a.w) came out from the privy and taught us the Qur’an and took meat with us. Nothing prevented him; or the narrator said: Nothing prevented him from (reciting) the Qur’an except sexual defilement.”
Another translation : ‘Ali ibn Abi Taalib (may Allaah be pleased with him) said: the Messenger of Allaah (peace and blessings of Allaah be upon him) used to teach the Qur’aan and he never prevented anyone from learning it except those who were in a state of janaabah (impurity)
[Ref: Abu dawood (book #1, hadith #0229), Sunan nasaee (1/144)
Ibn maajah (1/207), Musnad ahmad (1/84)]
PROOF # 3.2 :
2. ‘Ali (may Allaah be pleased with him) said that the Prophet (peace and blessings of Allaah be upon him) came out from the toilet and recited something from the Qur’aan. He said, “This is for the one who is not in junub; but the one who is junub should not do this, not even one aayah
[Ref: Musnad Ahmad]
PROOF # 3.3 :
PROOF # 3.3 :
3. Ali narrated: “Allah’s Messenger would recite the Qur’an in all conditions, as long as he was not (in) Junub.”
[Ref: Sunan tirmidhi (vol. 1, book 1, hadith 146)]
PROOF # 3.4:
PROOF # 3.4:
4. Ali Bin Abi Talib narrated that there is nothing prevent the prophet from the Quran except being in major impurity (Junub)
[Ref: Mustadrak 4/120, Saheeh Ibn Khuzayma (208), Musnad Abi Ya'la (408) ]
Or
Narrated by Ali ibn Abi Taalib (Radi Allahu Anhu) that:
"The Messenger of Allah (PBUH) used to teach the Quran and he (PBUH) never prevented anyone from learning it except those who were in a state of Janaabah (Impurity)."
(Sunan Abu Dawood, Hadith#1/281; Jamia At-Tirmidhi, Hadith#146; Sunan An-Nisa’ii, Hadith#1/144; Sunan Ibn Maajah, Hadith#1/207; Musnad Imam Ahmad, Hadith#1/84; Ibn Khuzaymah, Hadith#1/104: At-Tirmidhi said: it is a SAHIH HASAN Hadeeth; Al-Haafiz ibn Hajar (Rahimahullah) said: The truth is that it is the type of HASAN HADITH that could be used as evidence)
OBJECTION # 1 : THE NARRATOR ABDULLAH BIN SALAMAH & ITS REPLY Or
Narrated by Ali ibn Abi Taalib (Radi Allahu Anhu) that:
"The Messenger of Allah (PBUH) used to teach the Quran and he (PBUH) never prevented anyone from learning it except those who were in a state of Janaabah (Impurity)."
(Sunan Abu Dawood, Hadith#1/281; Jamia At-Tirmidhi, Hadith#146; Sunan An-Nisa’ii, Hadith#1/144; Sunan Ibn Maajah, Hadith#1/207; Musnad Imam Ahmad, Hadith#1/84; Ibn Khuzaymah, Hadith#1/104: At-Tirmidhi said: it is a SAHIH HASAN Hadeeth; Al-Haafiz ibn Hajar (Rahimahullah) said: The truth is that it is the type of HASAN HADITH that could be used as evidence)
The above ahadeeth have been classed as Da'eef by Albani and by some other scholars because of the presence of one narrator found common in all the narrations and he is 'Abdullah bin Salamah'
Before i begin detailing the takhreej, please know that Abdullah bin Salamah Al Muraadi Al Koofi is one of the senior most Taba'een and is considered to be one of the best after sahabas in Kufa.
Jarh' on Abdullah bin Salamah (r.h)
(i) Ibn Hibban said "Abdullah bin Salama narrated from Ali bin Abi Talib to Amr bin Marrah but with errors and mistakes" [No. 3587, Thiqa of Ibn Hibban. Albani quoted this statement in Da'eef Abu Dawood, Hadith # 31]
(ii) Imam Al Hakim said he makes mistakes sometimes (but al hakim authenticated the hadeeths from him) [Da'eef Abu Dawood, Hadith # 31, Albani]
(iii) Ibn Hajar said in Taqreeb al Tahzib that he is saddooq (Trustworthy) but Tagaiyarau Haafidhi (i.e his memory deteriorated when he aged) [note : this is not a serious weakness or even a weakness before him becoming senile]
(iv) Imam Bukhari said " Laa Yutabau Fi Hadeese " i.e which means his hadith will not be an (absolute) Hujjah, [ Tareekhul Kabeer]
What Albani concluded is that the narrator is thiqah, but as the usool (rule suggests) due to his memory towards the end of his life, this narration is regarded as one having slight weakness.
Conclusion: The overall jarh' concludes that 'Abdullah bin Salamah is not weak, rather only when he was old his memory was affected, and this narration which 'Abdullah bin salamah (r.h) took was prior his confusion, because : Imam Al-Bayhaqi, states that ‘Amru ibn Murrah- the one reporting from Abdullah ibn Salamah – is known to have taken from him prior to his confusion. This was stated by Imam Shu’bah. [See Shawkani's Nayl Al-Awtar 1/321 Dar Al-Wafa]
Thus there is no specific reason or strong reason to suggest that this narrator is weak.
Now the Ta'deel on 'Abdullah bin Salamah (r.h) :
Before i begin, please know that Abdullah bin Salamah is one of the senior most Taba'een and is considered to be one of the best after sahabas in Kufa and according to usool e hadith, manier times taba'een of such status are used as Hujjah in Fiqh and etc. as per certain situations/circumstances.
(1) Imam 'Ajli said He is Thiqah [Tahzeeb ul Kamaal page 3364 - Shamila version, or Tahzeeb ul Tahzeeb page 242]
(2) Ya'qub bin Shaiba said he is Thiqah [Tahzeeb ul Kamaal page 3364 - Shamila version, or Tahzeeb ul Tahzeeb page 242]
(3) Abu Haatim Al Raazi said he is Ma'roof (famous and known) [Tahzeeb ul Kamaal page 3364 - Shamila version, or Tahzeeb ul Tahzeeb page 242]
(4) Ibn 'Adi said "Laa ba'sa bi" i.e No issues [Tahzeeb ul Kamaal page 3364 - Shamila version, or Tahzeeb ul Tahzeeb page 242]
(5) Imam Dhahabi said he is Pious [Taqreeb ul Tahzeeb and Tahzeeb ul Kamaal page 3364 - Shamila version, or Tahzeeb ul Tahzeeb page 242]
(6) Imam Ahmad when presented with this narration, was silent on 'Abdullah bin Salamah but he regarded the narration as saheeh
(7) Imam Yahya ibn Moeen was also silent on him but he regarded the narration as saheeh
(8)Abu Bakr Khateeb Baghdadi was also silent on him
Conclusion : Hence the narrator who took the narration prior his memory deterioration, is considered thiqah and his narrations are accepted.
Now the Ta'deel on the Above ahadeeth
1. Al Tirmidhi said this narration is Hassan Saheeh [See, Irwa ul Ghaleel Vol 2 Pg 242, Hadith 485 and also see Vol 1 Book1 Hadith 146]
2. Al Hakim said it is Saheeh [See, Irwa ul Ghaleel Vol 2 Pg 242, Hadith 485]
3. Imam Dhahabhi commented in Mustadrak (1/292) saying Haadha Saheeh
4. Ibn Sakan said Saheeh [See, Irwa ul Ghaleel Vol 2 Pg 242, Hadith 485]
5. Abdul Haq said saheeh [See, Irwa ul Ghaleel Vol 2 Pg 242, Hadith 485]
6. Imam al Baghawi said Saheeh [Sharh us Sunnah 2/41]
7. Ibn Hajar said this is Hassan in Fath ul Bahri Vol.1, Page 408, Hadith 305 or 1/324]
8. Zubair Ali Za'ee agreed with Ibn Hajar and mentioned it in his takhreej of Abu Dawood Book1 Hadith # 299 saying this hadith is hassan saheeh
9. Ibn Khuzayma mentioned this in his saheeh (208)
10. Musnad Abi Ya'ala (408) mentioned this as saheeh
11. Husain Saleem Asad said the narrators are all Hassan in 408 of Musnad Abi Ya'la
12 Al Daraqutni commented in Mustadrak (4/120) by saying "This hadeeth was classed as saheeh by Al Shu'aba and Sufyan al Thawri who said " I haven't hear anything better than this hadith (in this topic)" [Sunan Al Daraqutni, Hadith 429]
13. Imam Al Sh'afi agreeing to this khabar said that "It is thus haraam to recite or touch Qur'an when in Junub" [Majmoo' Sharh Muhazzab Vol. 2, Page 159]
14. Shaikh Saleh al Fawzan said the sanad and hadith is saheeh [Fataawa Lajnatud Daeema, Pg. 150, Vol. 4 ]
15. Shaikh Bakr Abu Zaid agreed with Saleh al Fawzan on this [Fataawa Lajnatud Daeema, Pg. 150, Vol. 4 ]
16 Shaikh Abdul Aziz 'Aal Shaikh also said saheeh [Fataawa Lajnatud Daeema, Pg. 150, Vol. 4 ]
17. Shaikh bin Baaz said sanad is jayyid [Fataawa al-Shaykh Ibn Baaz (may Allaah have mercy on him), 10/150 ]
18. Imam Mubarakfoori in Tuhfatul Awadh said the hadeeth of Ali (r.a) in Tirmidhi Vol1. Book 1. Hadith 146 is hassan
Thus Abdullah bin Salamah is thiqah and he transmitted this report before his memory became senile and thus the ahadeeth mentioned under Proof # 1 to Proof # 4 (abu dawood (book #1, hadith #0229), sunan naseei (1/144)
ibn maajah (1/207), musnad ahmad ( 1/84 or 639 and 840) sunan tirmidhi (vol. 1, book 1, hadith 146ِ al-mustadrak (4/120), and sahih ibn khuzaima (208) and etc. ) are either Hassan saheeh or Hassan and thus become a Hujjah
حَدَّثَنَا أَبُو خَيْثَمَةَ ، حَدَّثَنَا عَائِذُ بْنُ حَبِيبٍ ، حَدَّثَنِي عَامِرُ بْنُ السِّمْطِ ، عَنْ أَبِي الْغَرِيفِ ، قَالَ : أُتِيَ عَلِيٌّ ، بِالْوَضُوءِ ، فَمَضْمَضَ وَاسْتَنْشَقَ ثَلاثًا ، ثُمَّ غَسَلَ وَجْهَهُ ثَلاثًا ، وَغَسَلَ يَدَيْهِ وَذِرَاعَيْهِ ثَلاثًا ثَلاثًا ، ثُمَّ مَسَحَ بِرَأْسِهِ ، وَغَسَلَ رِجْلَيْهِ ، ثُمَّ قَالَ : هَكَذَا رَأَيْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ تَوَضَّأَ ، ثُمَّ قَرَأَ شَيْئًا مِنَ الْقُرْآنِ ، ثُمَّ قَالَ : ” هَكَذَا لِمَنْ لَيْسَ بِجُنُبٍ ، فَأَمَّا الْجُنُبُ فَلا وَلا آيَةً” .
Abil Gharīf who said ‘Alī (r.a) made wuḍu’ by rinsing the mouth and cleaning out the nose with water three times each, then he washed his face three times, then he washed his hands and his forearms three times each, then he wiped his head and then washed his feet then he said, “This is how I saw Rasūlullah (sallallahu ‘alayhi wa salam) making wuḍu’. Then he recited some [verses] from the Qur’an and then said, “This is to be done [i.e. the recitation] for the one who is not Junub, but as for the one who is Junub then he is not to do it, not even a verse!”
[Al-Haythami reports this in his Majma' az-zawa'id commenting "And the men of this chain are all impeccably trustworthy and The same hadith has been reported by Musnad Ahmad Vol.2 Page 220, Hadith no. 872 and a similar hadith has been reported also by Musnad Abi Ya'ala 408,Shaikh Shuaib Arnaot said the hadith in Musnad is hasan and Al haithami says in "al majma'a" 1/276 after he attributed it to abu ya'la that the narrators are all trusth worthy men.]
OBJECTION # 2 : THE NARRATORS IN THE HADITH OF MUSNAD AHMAD (872) : ABU GHURAIF & AA'IDH BIN HABEEB & ITS REPLY
NARRATOR 1 : JARH' ON Ubaydullah bin Khaleefah Abu al-Ghareef al-Koofi
(i) Imaam Abu Haatim ar-Raazi said: “He was the policeman of Ali ibn Abi Taalib (radiallah anhu), and he is not famous….He has been criticized…” [Al-Jarh wat Ta’deel: 1489].
This unexplained Jarh of Imaam Abu Haatim, which also goes against the Jumhoor, is not accepted. Moreover, it is proven that Imaam Abu Haatim is Mutashaddid in criticizing narrators as explained by Imaam Dhahabi and Zayla’ee [See, Siyar: 13/260 & Nasb ur-Rayaa: 2/439 respectively]
(ii) Shaikh Albaani considered Abu al-Ghareef to be weak because he thought that Imaam Ibn Hibbaan, who is a Mutasaahil, is the only one to declare him Thiqah. Whereas I have proven below that he is declared Thiqah by many others, so he is not weak
TA'DEEL ON ABU GHURAIF
- Imaam Ibn Hibbaan mentioned him in his book Al-Thiqaat (5/68 or 3894]
- Imaam Ya'qoob bin Sufyaan al-Faarsi said: "He is Thiqah" [Al-Ma'rifat wat Tareekh (3/200)].
- Ibn Hajar said: "He is Sudooq but inclined towards Tashee' of the 3rd level (i.e the former shia's not the modern rawafid, and it is well known that there are many shias whose narrations are accepted. when Ibn Hajr says Ghali Shia or Rafdhi, only then is the problem [Taqreeb 4286]
- Ad-Daraqutni in Sunan Daraqutni hadith 425 (vol.1 page 212 ) said the chain (in which Abu Ghuraif was present) is saheeh upto 'Ali in a mawqoof report from'Ali (r.a)
- Al-Haythami reports this in his Majma' az-zawa'id 1/276 commenting "And the men of this chain are all impeccably trustworthy thereby including Abu Ghuraif
- Abu Ya'la said in his Musnad 408 : All the narrators are trustworthy (i.e including Abu Ghuraif)
- Imaam Abu al-Hassan al-Ijlee mentioned him in his book of Thiqah narrators [Thiqaat al-Ijlee: 1154].
- Imaam Zaya al-Maqdisi authenticated many of his narrations by saying: “Its chain is Saheeh” [Al-Mustakhraj min al-Ahadeeth al-Mukhtaarah: 32, 621, 622]
- Ibn Khalfoon mentioned him in his book of Thiqah narrators [Ikmaal Tahdheeb al-Kamaal: 3435].
- Shaikh Ubaydullah Rehmaani al-Mubaarakpoori said: “He is Hasan ul-Hadeeth” [Mir’aat ul-Mafateeh: 2/154]
- Shaikh Abdul Azeez bin Abdullah bin Abdur Rahmaan al-Rajihi authenticated his hadeeth by saying: “Its chain is Saheeh Jayyid” [Sharh Tirmidhi: 6/16]
- Shaikh Ahmed Shaakir authenticated his hadeeth by saying: “Its chain is Saheeh” [Tahqeeq al-Musnad: 2/162]
- Shaikh Shu’ayb al-Aranout authenticated his hadeeth by saying: “Its chain is Hasan” [Tahqeeq al-Ahmed: 872]
- Shaikh Irshaad ul-Haqq Athari authenticated his hadeeth by saying: “Its chain is Saheeh” [Tahqeeq Musnad Abi Ya’la: 1/208 H. 360]
- Husain Saleem Asad authenticated his hadeeth by saying: “Its chain is Strong” [Tahqeeq Musnad Abi Ya’la: 1/300 H. 365].
Note: Authentication of the chain is the authentication of all the narrators present in that chain.
NARRATOR 2 : JARH' ON AA'IDH BIN HABEEB
(i) Ibn Adi said, "He narrated munkar narrations". [Mizaan al Itidaal 4099 of Ad Dhahab]
(ii) Ibn Hajar has graded him to be Weak in Ithaaf al-Maharah (13473).
A very few Scholars have criticized him just because of his being a Shi’aa, but it is established in the principles of hadeeth that the narration of Shi’aa does not affect the authenticity of a hadeeth as long as the narrator is reliable. Shi’aa in the terminology of Mutaqaddimeen (early scholars) means the one who gives preference to Ali over Uthmaan, and says that in their wars, Ali was on the right path while Uthmaan was mistaken. And some of them believed that Ali possessed the highest rank among the Sahaabah after the Messenger of Allaah (peace be upon him). Such is a person who was deemed Shi’aa by the early Scholars; the narrations of such person are acceptable, unlike the later Scholars who deemed Shi’aa to be the one who maligns Sahaabah [Raafidah] whose narrations are not acceptable at all. [See: Tahdheeb at-Tahdheeb: 1/81; Hadi us-Saari: 1/460]. Thus, the accusation of being a Shi’aa on Aa’idh does not drop him from the level of Ihtijaaj.
This criticism of Ibn Hajar or Ibn 'Adi is not accepted, as it goes the vast majority of Muhadditheen (quoted below) who deemed him Thiqah and Sudooq in Hadeeth
TA'DEEL ON AA'IDH BIN HABEEB
He is one of the minor taba'in falling in the 9th tabaqa
He is one of the minor taba'in falling in the 9th tabaqa
Shaikh Albaani narrated a hadeeth from Aa’idh in Silsilah as-Saheehah and said: “I say, This chain is Saheeh and its narrators are Thiqaat” [3050].
Note: Authentication of the chain is the authentication of all the narrators present in that chain
PROOF # 3.6
It is authentically reported from Imam Umar ibn Al-Khattab (radiya Allahu anhu) that he hated reciting Qur’an while in the state of janabah. This is reported by Imam Al-Bayhaqi in his Khilafiyyat with a Sahih (rigorously authentic) chain.
PROOF # 3.7
It is also reported from Jabir ibn Abdullah (radiya Allahu ‘anhu), Abdullah ibn Rawaha and others. This is the view of the majority of the scholars, with the exception of a report from Imam Malik (radiya Allahu Anhu) and his companions who hold that a menstruating woman can recite the Qur’an [Majmu' of Imam An-Nawawi Vol 2 387].
PROOF # 3.8
حَدَّثَنَا أَبُو بَكْرٍ النَّيْسَابُورِيُّ ، وَإِسْمَاعِيلُ بْنُ مُحَمَّدٍ الصَّفَّارُ ، قَالا : نا مُحَمَّدُ بْنُ عَبْدِ الْمَلِكِ الدَّقِيقِيُّ , نا يَزِيدُ بْنُ هَارُونَ , نا عَامِرُ بْنُ السِّمْطِ , نا أَبُو الْغَرِيفِ الْهَمْدَانِيُّ ، قَالَ : كُنَّا مَعَ عَلِيٍّ فِي الرَّحَبَةِ , فَخَرَجَ إِلَى أَقْصَى الرَّحَبَةِ , فَوَاللَّهِ مَا أَدْرِي أَبَوْلا أَحْدَثَ أَوْ غَائِطًا , ثُمَّ جَاءَ فَدَعَا بِكُوزٍ مِنْ مَاءٍ , فَغَسَلَ كَفَّيْهِ ثُمَّ قَبَضَهُمَا إِلَيْهِ , ثُمَّ قَرَأَ صَدْرًا مِنَ الْقُرْآنِ , ثُمَّ قَالَ : ” اقْرَؤُوا الْقُرْآنَ مَا لَمْ يُصِبْ أَحَدَكُمْ جَنَابَةٌ , فَإِنْ أَصَابَتْهُ جَنَابَةٌ فَلا وَلا حَرْفًا وَاحِدًا ” . هُوَ صَحِيحٌ عَنْ عَلِيٍّ
Ali (r.a) said "Recite the Qur’an as long as you have not entered janaba (sexual defilement), and when you are in the state of janaba, do not, not even a single letter!"
Reported by Ad-Daraqutni in Sunan Daraqutni hadith 425 (vol.1 page 212 ) , who said " It is saheeh upto 'Ali (R.a)"
The following scholars have forbidden reading qur'an during sexual defilement and even forbidden women during menses to read qur'an except one or two or few verses as adhkar or as and when needed but not unrestrictedly
a) Abu Wael Ishaaq ibn Muslim at-taba`ee [Ref: Musannaf ibn abi shaybah 1/102]
b) Muhammad ibn `Ali al-Baqir [Ref: Musannaf ibn abi shaybah 1/102]
c) Abu Ishaq `Amr ibn `Abdullah as-sub`ey [Ref: Musannaf ibn abi shaybah 1/102]
d) Sa`eed ibn Jubayr [Ref: Musannaf ibn abi shaybah 1/102]
e) Abul `Aliyah [Ref: Sunan ad-darimi (1035)]
f) `Ata ibn abi Raibah [Ref: Sunan ad-darimi (1039)]
g) Imam Awza`ee [Ref: Sunan al-Kubra lil Bayhaqi 1/309]
h) Shihabud deen az-zuhri [Ref: Sunan al-Kubra lil Bayhaqi 1/309]
i) as per one statement , Imam ahmad and Ishaaq ibn abi rahawy
So there is a difference of opinion among scholars in regards to a women in menses being allowed to read qur'an or not and one can follow the position of whoever she feels to be stronger. but as for reading during junub then vast majority of scholars have forbidden it but a minority have permitted it as linked in the very beginning of this article .
Conclusion: In general, the Hanafis, Malikis, Shafis and Hanbalis say that it is not allowed for the sexually defiled petson to recite the Quran. This opinion has also been narrated from Umar ibn al-Khattab, Ali ibn Abu Talib, al-Hasan al-Basri, Ibrahim al-Nakhai, al-Zuhri, Qatada and many others. Thus from the marfoo' reports of rasool (s.a.w) and the mawqoof reports of sahabas including ameer ul momineen umar (r.a) and ali (r.a), it is thus concluded that the right opinion despite few scholars opposing this , is that Qur'an cannot be recited when one is in the state of sexual defilement i.e Junub
(4) FATAWA AND QUOTES FROM THE SALAAF AND SCHOLARS REGARDING THIS TOPIC :
1. Imam Malik has prohibited the touching of the Qur'an without wudu let alone touching or reading it during Junub [ Al Muwatta Book 15, Number 15.1.1]
2. Imam Sha'afi has also prohibited touching the Mushaf without wudu or in Junub or reciting it in Junub
3. Imam Nawawi had the same opinion in his Al Tibyan and elsewhere
اخْتَلَفَ الْعُلَمَاء فِي مَسّ الْمُصْحَف عَلَى غَيْر وُضُوء , فَالْجُمْهُور عَلَى الْمَنْع مِنْ مَسّه لِحَدِيثِ عَمْرو بْن حَزْم . وَهُوَ مَذْهَب عَلِيّ وَابْن مَسْعُود وَسَعْد بْن أَبِي وَقَّاص وَسَعِيد بْن زَيْد وَعَطَاء وَالزُّهْرِيّ وَالنَّخَعِيّ وَالْحَكَم وَحَمَّاد , وَجَمَاعَة مِنْ الْفُقَهَاء مِنْهُمْ مَالِك وَالشَّافِعِيّ . وَاخْتَلَفَتْ الرِّوَايَة عَنْ أَبِي حَنِيفَة
The scholars have differed on the matter of touching the (Mushaf of) Qur’aan without Wudhu with the Jamhoor (Majority) prohibiting the touching due to the Hadeeth of Amr Ibn Hazim (RA) and this was the Madhab of Ali (RA), Ibn Masud (RA), Sa’d Ibn Abi Waqas (RA), Saeed Ibn Zaid (RA), Ata (RA), Zahri (RA), Nakhai (RA), Hakam (RA) and Hammad (RA). And from the group of Fuqaha amongst them Malik (RA) & Shaf’ae (RA); a differing opinion has been narrated from Abu Haneefa (RA) (who prohibited the touching of Mushaf without wudu or in junub with hands but allowed to use a strap or a cloth (gloves) to touch the Qur'an)
5. Al-Shawkani: “It has been transmitted that those who are in state of major impurity are not allowed to touch the Mushaf as it is a consensus amongst scholars” [Nail Al-Awtaar: 1/260]
6. Ibn Qudamma al-Maqdisi al-Hanbali said “Only those in state of purity are allowed to touch the Quran. This was transmitted from Ibn Umar, Alhassan, A’taa, Tawoos, Al-Shi’bi, Alqasim bin Muhammad, and it is the opinion of Imam Malik, Imam Alshafi’e and people of the opinion and we do not know anyone oppose this except Dawood ( al-thaheri/Dhaahiri/Zaahiri)” [Al-Mughni:1/202]
7. Ibn Taymyyaa: “The stand of the four Madhab is: only those in state of purity are allowed to touch the Quran as it is stated in the letter that the prophet sent to A’mro bin Hazm… Imam Ahmad said id o not doubt that the prophet wrote that letter (let someone write it for him) and it is the opinion of Salman Alfaresi, Abdullah bin Umar and others and no companion is known to appose this matter” [ Majmo’e Al-Fatwa: 21/266]
8. Ibn Rajab Al-Hanbali : “Jamahir ( plural to Jumhur which means majority) of scholars are with the opinion that anyone in state of impurity is not allowed to touch the Quran . This has been transmitted from Ali bin abi talib, Sa’d, Ibn Umar, Salman and it is not known that any companion apposed this….only Thaheri scholars said otherwise” [Fath Albari: 1/404]
9. Ibn Habirah: “It is consensus amongst scholars that whoever in state of impurity is not allowed to touch the Quran,” [Al-Salbeel fi I’lm aldaleel]
10. Imam Al Bayhaqi said : The opinion of the seven scholars of Fiqh of Medina is with the impermissibility for those who are in state of impurity to touch the Quran. ( Sunan Al-Bayhaqi: 1/87]
11.Shaikh Ibn Baaz said : (rough translation) It is impermissible for a Muslim to touch the Mus-haf without performing Wudu’ according to the Jumhur (dominant majority of scholars). This is the opinion adopted by the Four Imams (Abu Hanifah, Malik, Al-Shafi‘y, and Ahmad) (may Allah be pleased with them). Moreover, this was the legal opinion issued by the Sahabah (Companions of the Prophet, peace be upon him).... A person in major impurity (Junub/Menses) cannot touch the Mushaf at all except by using a cover or a hanger when required, and a person in Junub cannot recite the Qur'an except some invocations or words from it (because it comes under the dhikr) [Fatawaa Ibn Baz 10/150. For the complete fatwa see this link : http://alifta.com/Fatawa/fatawaDetails.aspx?BookID=14&View=Page&PageNo=1&PageID=412]
12. Shaikh Ibn Uthaymeen said : Such a person may recite but not touch the Mushaf, for complete purification is not one of the requisites for reciting the Qur’aan. On the other hand, a person who is Junub may neither touch nor recite the Qur’aan until he performs Ghusl, yet he may still recite certain invocations from the Qur’aan, such as, “Bismillah-ir-Rahmaan-ir-Raheem,” or when he is afflicted, “Indeed we belong to Allaah, and indeed, to Him are we returning.” [Shaykh Muhammad bin Saalih al-`Uthaymeen Fatawa Islamiyah, vol.7, p.49, DARUSSALAM]
13. So on and So forth !
Conclusion :
It is known that many great scholars permitted the touching/reading of Qur'an without being Taahir, however, their numbers are few, Such as Al Bukhari, Ibn Abbas (r.a), and some others. But the majority is of the opposite view as explained above. However, leaving aside the opinions of scholars, we have the ahadeeth of the Beloved of Allah (s.a.w) quoted above, which are hassan and thus become a Hujjah thereby proving that
1. Touching the Qur'an (for reading/learning - when water is available) without wudu' is against the practise of Sahabas and the scholars and some regard it strictly impermissible to do so.
2. Touching the Qur'an in the state of Menses or Junub has been declared as haraam by the prophet (s.a.w) and the Sahabas as well.
3. Learning or Reciting the Qur'an in the state of Junub was something the prophet (s.a.w) didn't do or teach, and the sahabas followed by scholars who have prohibited reciting during Junub
NOTE : QUR'AN (MUSHAF) IS THE BOOK OF ALLAH. THE BOOKS OF FIQH, TAFSEER AND OTHER ISLAMIC PUBLICATIONS WHICH CONTAIN VERSES OF QUR'AN ALONG WITH OTHER COMMENTARIES AND ETC, IS NOT CONSIDERED TO BE MUSHAF, AND HENCE IT IS PERMISSIBLE TO TOUCH THEM BECAUSE SCHOLARS HAVE STATED THAT THEY ARE NOT CALLED OR KNOWN AS THE MUSHAF (KITAB ALLAH) AND IT IS PERMISSIBLE TO TOUCH THEM WITHOUT WUDU OR ETC BECAUSE THE PROPHET (S.A.W) SENT LETTERS TO NON MUSLIM RULERS MENTIONING THE VERSES OF QUR'AN ALONG WITH OTHER STATEMENTS OF HIS.
REFUTATION TO SOME OBJECTIONS RAISED
{{Abdul Razzaq reported in his Musannaf that Alqama stated that Salman came to them after relieving himself. They said to Salman, "O Abu Abdullah, why don't you make ablution and read to us surah such and such." He answered, "Allah stated about the Preserved Book that none but the purify touch it. That is the Book that is in the heavens. Only the angels touch it." Then he read to them some of the Quran. }}
Answer:
This a very weak athar, which is documented in Musanaf abdulrazaq because of Yahya bin Al-A’laa who is classified as a Liar and a Fabricator and his Hadith is abandoned by : Ahmad Bin Hanbal, Al- Nisaa'e, Al-Darqutni, Imam al-Wakee’, Ibn Habban, Al-dolabi and al-saaji. On the other Hand, we have clearly shown from authentic Hadiths that Salman Farsi (r.a) said that it is impermissible to touch the Quran if anyone is in state of impurity.
{{A'isha RA said: The Apostle of Allah PBUH used to remember Allah at all moments. Muslim :: Book 3 : Hadith 724
"All moments" is genreal in term and include Junub and Purity both.
Shaikh Albani said in Silsilah Sahiha 406 that, "This hadith is evidence for the permissibility of reciting the Quran in Junub becasue Quran is also a Zikr as Allah SWT said, "And We have also sent down unto you (O Muhammad SAW) the Zikr (i.e. Quran)" 16:44
The remembrance of Allah would include reciting the Quran.}}
Answer:
There is a usool wherein khaas (specific) overtakes or is implemented over 'Aam (general) . This is explained using an example in short as below :
Hadith # 1 : Prophet (peace and blessings of Allaah be upon him) said: “The earth has been made a place of prayer and a means of purification for me, so wherever a man is when the time for prayer comes, let him pray.”
[Ref: Narrated by al-Bukhaari, al-Tayammum, 323, Fiq us Sunnah Vol 2. page 67)
Hadith # 2 : Prophet (peace and blessings of Allaah be upon him) said: “All the earth is a mosque except for graveyards and bathrooms.”
[Ref: Narrated by al-Tirmidhi, al-Salaah, 291; classed as saheeh by al-Albaani in Saheeh Sunan al-Tirmidhi, 262, Also reported by Ahmad, Ibn Majah, Abu dawood]
- Hadith # 1 shows that rasool (s.a.w) generalized the entire earth area as a carpet to pray on, however in Hadith # 2 we learn that rasool (s.a.w) excluded certain area from the total earth space , i.e. he gave a specific ruling that entire earth can be prayed on except graveyards and bathrooms. this specific (khaas) command of rasool (s.a.w) overtakes the general ('aam) command of hadith # 1 and after knowing hadeeth # 2 no sane person would insists on praying in bathrooms or graveyards just because he has read hadith # 1. Hence this small example shows how a specific ruling overtakes or replaces a general ruling in specific actions of Ibadah (Witr, etc)
Simiarly, the hadith of aisha (r.a) is to be understood in this perspective because , zikr may include anything, it includes saying " Allahu akbar" or includes the recital of Qur'an as well.
So the hadith of A'isha (r.a) is saheeh but it has an exception which is explained as :
" the prophet (s.a.w) would do the zikr of allah at all times except at some exceptions"
this is proven from the below hadith :
it was narrated from al-Muhaajir ibn Qunfudh that he came to the Prophet (blessings and peace of Allaah be upon him) when he was urinating and he greeted him with salaam, but the Prophet (blessings and peace of Allaah be upon him) did not return the greeting until he had done wudoo’, then he apologised to him and said: “I do not like to mention Allaah, may He be glorified and exalted, except in a state of purity.” [Narrated by Abu Dawood (17); classed as saheeh by Ibn Hajar in Nataa’ij al-Afkaar, 1/205; and by al-Albaani in Saheeh Abi Dawood]
Abu al-Jahm ibn al-Harith stated that while the Messenger of Allah (peace be upon him) was coming from the direction of Bi'r Jamal, a man met him and greeted him. The Messenger of Allah (peace be upon him) made no response until he came to the wall, wiped his face and hands and then returned his salutation.
[Muttafaqun 'Alayh]
Bringing together these different evidences quoted above, Al-Mutairi makes the following conclusion, which is also the opinion of the vast majority of the scholars:
"This report [above from Abu al-Jahm ibn al-Harith] and the preceding one [from al-Muhajir] point to the disapproval of making mention of Allah while one is in a state of minor ritual impurity. This is a light form of disapproval and not a major form [that is close to prohibition]. If that is true for making mention of Allah [in general] then it is more so true in the case of reciting the Quran which is a greater form of dhikr [remembrance of Allah]. However, what we stated earlier [the earlier hadith of Aisha, ibn Abbas and Ali] points to the legality of reciting the Quran while one is an a state of minor impunty.
If someone states: 'What you have stated here contradicts what you stated earlier because what you stated earlier implies prohibition and what you stated now implies permission.'
The response is: The correct position is to combine the proofs and understand the evidences presented proving legality as showing that it is permissible [to recite the Quran while in a state of minor ritual impurity] and the contradicting evidence as showing that it is recommended [to be in a state of ritual purity]. In that way, all of the evidences are combined and used. This is preferred
whenever possible and it is possible here.
[al-Mutairi, pp. 18-19.]
Answer:
Well, with all due respect to the scholars, after we have the clear hukum of rasool (s.a.w) of not reciting or touching the Qur'an unless pure (in the ahadeeth mentioned above) + the sunnah of not mentioning the name of Allah in such places or such conditions, we have more than enough proof to conclude that " it is not only a sunnah of the habib Allah to not do zikr Allah unless pure from major impurity, but is is also his Hukum" and in front of his hukum, the ijtihaad of scholars with all due respect, is to be ignored .
Answer:
If that is the case then a believer is also pure when he is in Junub and thus nothing should stop him from offering a prayer? Again the understanding is khaas overtakes aam. a believer is pure from kufr and etc, but when it comes to certain specific commands such as " none shall touch the Qur'an but the pure" then we have to take this hadeeth in a different perspective.
{{But Ibn Abbas (r.a) allowed to read or touch the Qur'an during major and minor impurities"}}
Answer:
Indeed he did, no doubt in sha allah, but Ibn abbas (r.a) the great muffasireen also allowed muta'h (earlier) and other things (some of which he retracted later when corrected). However, what can be said is that it is a known fact that many sahabas were not aware of some or certain ahadeeth due to many reasons. The proofs for this are many, but 2 such eye catching examples lie in the famous incident between Umar (r.a) and Abu saeed Khudri (r.a) wherein umar (r.a) didn't know of a hukum of rasool (s.a.w) whereas other sahabas did and the hadith of a person asking ibn umar (r.a) regarding him doing things which his companions never did. [See Sahih Bukhari Volume 8, Book 74, Number 262 And Muwatta Malik Book 20, Hadith 31]
Hence what can be said is that maybe Ibn Abbas (r.a) didn't hear of the ahadeeth wherein prophet (s.a.w) forbade touching the Qur'an during Junub or maybe he had his own interpretation or fatwa. Nevertheless, a majority of the Sahabas and scholars such as the 4 great Imams, opposed this view. And in such a case Allah says in the Quran that when you differ, go back to Allah and his messenger and we have ahadeeth from the messenger (s.a.w) clearly forbidding the touching of Qur'an during Junub/Menses and forbidding the reciting of Qur'an during Junub.
Also, the scholars of Islam have argued and differed over various issues and if start following the fatwa of a specific group then the Ummah will be divided in an unprecedented way. But the verse of Qur'an which says " and when you differ then go back to Allah and his messenger" rescues us from such a dilema and hence we go back to the hukum/hadeeth of rasool (s.a.w) in this and every other regard.
{{Also Shaikh Albani points out that the last portion of this hadith from Musnad Ahmad does not state explicitly that it was the Prophet's statement.....}}
First of all, the majority of the scholars classified this hadith to be saheeh and marfoo' . Secondly, Shaikh Albani (r.h) was a muhadith and a muhadith when explaining the sharh or giving details, he analyses and writes down everything in regards to the narration or khabar. Imam Albani (r.h) didn't use this as a refute to say this is mawqoof so we cannot act upon it, because an Imam of such great status can never forget the Hukum of rasool (s.a.w) that " After me follow my sunnah and the sunnah of khulafa e rashideen" and Ali (r.a) is the 4th Ameer ul Momineen thereby even if this is mawqoof hence becomes a sunnah of ali (r.a) and according to the principles this is elevated as Marfoo` and thereby becomes a valid argument.
More will be added in sha allah....
May Allah forgive me for my mistakes and have mercy on the one who corrects me.
.
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