Number in Istijmaar in different Schools of Fiqh

7-10-2016 | IslamWeb

Question:

Assalamu alaykum. I have a question regarding Istijmaar (purifying oneself from defecating or urinating by wiping with a solid material). I have read the following statement: Ibn Qudaamah said in Al-Mughni (1/102), “Both things are stipulated together: purification and completing three; one of them done without the other is not sufficient. This is the view of Al-Shaafi’i and a number of others.” Does this statement imply that there is another view in this regard? A brother told me a while ago that Ibn Uthaymeen holds the opinion that three wipes are enough, even if there is a trace of impurity after that. Is that true?Furthermore, I read on a page of Maaliki Fiqh (jurisprudence), that the wiping should not exceed seven wipes. Does that mean that even if there is still a trace of impurity, then seven wipes are sufficient? May Allaah reward you.

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Answer:

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad is His slave and Messenger.

The statement that it is an obligation to make Istijmaar three times is a matter of a difference of opinion among the jurists as some of them hold the opinion that it is sufficient to make Istijmaar less than three times if by doing so one cleans the place of impurity; as held by the Hanafi and Maaliki Schools. Ibn Qudaamah clarified this matter after the statement that you mentioned in the question, as he said, “Maalik and Daawood said, 'It is an obligation to achieve cleanliness (purity) regardless of the number (i.e. of how many times one does the Istijmaar).'” 

Al-Hattaab, from the Maaliki School of jurisprudence, said, “The obligation in Istijmaar is to achieve cleanliness, and it is recommended to do so with three stones.”

The Fiqh Encyclopedia reads:

“The Hanafi and Maaliki Schools of jurisprudence are of the view that the obligation in Istijmaar is to achieve cleanliness (purity) regardless of the number. Cleanliness here means to remove the very impurity and its wetness to a point that the stone comes out clean and there is no trace on it except very little. As regards doing so (cleaning) three times, then this is something recommended according to them, even if cleanliness is achieved by wiping twice; whereas the Shaafi’i and Hanbali Schools condition two matters: Cleanliness and doing it three times; these have to be combined and one of them is not enough. A big stone which has three endings serves as three stones...” 

Ash-shawkaani favored the view of doing Istijmaar three times, as he said in Nayl Al-Awtaar, “The supportive evidence has shown that it is not permissible to make Istijmaar less than three times, and those who are of the view that it is permissible to make Istijmaar less than three times have no evidence that can refute this evidence.”

As regards the statement of Ibn 'Uthaymeen, then what we know about him is that he conditions cleanliness and the number (of three times); as he said in Ash-Sharh Al-Mumti' ‘Ala Zaad Al-Mustaqni’ (1/137) about the statement of the author “and it is a condition to make Istijmaar three times that achieves cleanliness;” he said:

“His words ‘that achieve cleanliness’; then this is the sixth condition; cleanliness means that the stone comes out dry and not wet or that a trace remains which can only be removed with water. His words: ‘or more’, means: to wipe three times, if cleanliness (of the place) is not achieved, then he should wipe more than three times.

Some scholars said: If cleanliness is achieved with less than three times, then it is enough; because the ruling relates to its reason. But this statement is rejected by the fact that the Prophet forbade that we make Istinjaa’ with less than three stones. Since, he forbade this, then we should not do what he had forbidden. Also, cleanliness is mostly not achieved with less than three stones. In addition to this, there are many rulings in the Sharee'ah related to doing things three times.”

The scholars of the Maaliki School who do not condition the number hold the same view; for instance, Al-Baaji said in Sharh Al-Muwatta’, “If cleanliness is not achieved with three stones, then there is no difference of opinion that one has to clean more times until cleanliness is achieved.”

As regards cleaning more than seven times, then the Maaliki School holds the view that it is a condition if cleanliness is not achieved, but it is not desirable according to them to do it with an odd number of times after the seventh time, so if cleanliness is achieved with eight times, then it is not required to clean a ninth time, as Ad-Dardeer said in Aqrab Al-Masaalik, “The permissibility (or desirability) of doing it an odd number of times ends at seven, so if cleanliness is achieved with eight times, then the ninth time is not required.”

Besides, ‘Ulaysh said in Sharh Mukhtasar Khaleel, “An odd number is desirable, i.e. a person cleaning with a solid substance an odd number of times if he achieves cleanliness with an even number of times up to seven, but if one achieves cleanliness with an eighth time, then he is not required to do it a ninth time.”

To conclude, there is no scholar who holds the view that cleaning three times or seven times is sufficient if cleanliness is not achieved.

Allaah knows best.