Thursday, February 7, 2013

Dought & clear,- Difference of opinion concerning the ruling onemission of wind from a woman’s front passage.

As is known, women sometimes have air (like gas or bubbles or wind)
coming out from the front passage. Sometimes it has a sound, but more
often not. As you have written on this site previously about this
issue, it has been made clear that this does not invalidate ones
wudu'.
But there is another question related to it.
A woman often experiences that some wind comes out of her while for
example moving, sitting down, praying, etc.
The problem is that its often difficult to tell from where the wind
came; whether from the front or the back passage. Because even though
shes often certain she felt something come out, shes not certain from
exactly where, so she cant know for sure if shehas invalidated her
wudu.
What is a woman to do in these situations? Especially since the
confusion and the fact that it happens often makes staying in wudu
very difficult. Even relaxing during prayer often becomes difficult
because of it.
Should she then re-do her wudu, or if it happens during the prayer,
stop praying andgo make wudu again and repeat the prayer... Or should
she go by the principle on doubt & certainty, and since she can't be
sure for 100% that she actually broke her wudu, only that something
came out from somewhere, shouldshe then go with that she's still has
wudu unless she's completely certain that it was from the back?
So, should this sister either:
A) Continue doing as she does right now: if the possibility seems
greaterthat it came from the front, she goes on that and considers
herself still in wudu'.
B) If it is certain something comes out, always consider it to be from
the front always unless she is completely certain without any doubt
that its from the back, following the general principle of doubt &
certainty regarding passing gas, and hence considers herself still in
wudu'
C) If it is certain that something comes out but it is uncertain from
exactly where, then consider it to be from the back and therefore
breaks the wudu', as to be on the safe side
D) or do none of the alternatives above, and instead do something else
completely?.
Praise be to Allah.
Firstly:
The fuqaha' differed as to whether wudoo' is invalidated by the
emission of wind from a woman's front passage. There are two views:
1. That it does invalidate wudoo'. This is the view of the
Shaafa'is and Hanbalis.
Imam an-Nawawi (may Allah have mercy on him) said:
Anything that comes out of the front or back passage of a man or woman
invalidates wudoo', whether it is stools, urine, wind, worms, pus,
blood, stones or anything else. There is no differentiation in that
regard between what happens rarely and whathappens regularly, and
there is no differentiation between wind coming out of the front
passage of a man or woman or from the back passage. This was stated by
ash-Shaafa'i (may Allah have mercy on him) in al-Umm, and our
companions are unanimously agreed on that.
End quote from al-Majmoo', 2/3; see also Tuhfat al-Muhtaaj by Ibn
Hajar al-Haytami, 1/127
Ibn Qudaamah (may Allah have mercy on him) said:
Saalih narrated from his father concerning a woman from whose vagina
wind is emitted: Whatever comes out of either (the front or
back)passage, wudoo' is required for it. al-Qaadi said: Emission of
wind from the penis or the woman's vagina invalidates wudoo'.
End quote from al-Mughni, 1/125. See also al-Insaaf by al-Mirdaawi, 1/195
2. That it does not invalidate wudoo'. This is the view of the
Hanafis and Maalikis.
It says in Radd al-Muhtaar 'ala ad-Durr al-Mukhtaar, 1/136: Wudoo' is
not invalidated by emission of wind from the front passage or penis,
because it is a twitch or tremor, i.e., it is not really wind; even if
we say that it is wind, it does not come from a site of impurity,
therefore it does not invalidate wudoo'.
End quote. See Badaa'i' as-Sanaa'i' by al-Kasaani,1/25
Al-'Allaamah ad-Dardeer al-Maaliki (may Allah have mercy on him) said:
If something usual is emitted from somewhere other than the two usual
passages, such as if it is it emitted from the mouth, or if urine is
emitted from theback passage, or wind is emitted from the front
passage or even from the woman's vagina, or from a hole, then it does
not invalidate wudoo'.
End quote from ash-Sharh al-Kabeer ma'a Haashiyat ad-Dasooqi, 1/118
Undoubtedly in order to be on the safe side and to ensure that one has
discharged one's duty it is better to do wudoo' inthe event of this
wind, because there is such a strong difference of opinion concerning
it and because this is moreon the safe side, as we have said. It is
also closerto the apparent meaning of the evidence, because the
Prophet (blessings and peace of Allah be upon him) said: "There is no
wudoo' unless there is a sound or a smell." Narrated by at-Tirmidhi,
74; he said: a hasan saheeh hadeeth.
This hadeeth and similar hadeeths on this topic were quoted as
evidence by Imam Ibn al-Mubaarak and others to show that wudoo' is
rendered invalid by emission of wind from the back passage.
Imam at-Tirmidhi (may Allah have mercy on him) said:
This is the view of the scholars, that he does not have to do wudoo'
except if he breaks windand hears a sound or notices a smell.
'Abdullahibn al-Mubaarak said: If he is uncertain as to whether he has
broken wind, he does not have to do wudoo' unless he is so certain
that he would swear to it. And he said: If wind is emitted from a
woman's front passage, she has todo wudoo'.
This is also the view of ash-Shaafa'i and Ishaaq. End quote.
For more information, please see fatwas no. 14383 and 114793
The view that wudoo' is required becomes stronger in the case of
uncertainty as to whether it came from the front passage or the back
passage. It is known that wind emitted from the back passage
invalidates wudoo' according to scholarly consensus. If the source of
the wind isuncertain – is it from theback passage, which invalidates
wudoo' according to scholarly consensus, or is it from the front
passage, whichinvalidates wudoo' according to many of the scholars? –
the view that it does invalidate wudoo' becomes very strong,
especially since the basic principle concerning wind is that it comes
from the back passage. As for that which is emitted from the front
passage, it is rare and is not a regular occurrence; this is the basis
on which those who said that it does notinvalidate wudoo' basedtheir
opinion.
Secondly:
If this wind is continual and happens in all situations, then this
woman comes under theheading of those who are excused, even if she is
certain that it comes from the back passage. So she should do
wudoo'for each prayer after thetime for it has begun, then offer the
obligatoryprayer and whatever shewants of naafil (supererogatory)
prayers, and she does not have to repeat wudoo' every time she passes
wind.
Shaykh ash-Shanqeeti (may Allah preserve him)was asked:
The wind that comes outof a woman's front passage happens a greatdeal
at different times; should she do wudoo' for each prayer?
He replied:
There is a well-known difference of opinion among the scholars
(mayAllah have mercy on them) concerning this issue: does the front
passage come under the same ruling as the back passage with regard to
emission of wind? Some of the scholars (may Allah have mercy on them)
said that emission of wind from the front passage comes under the same
ruling as emission of wind from the back passage. This is by way of
judging like by like; it is a strong opinion and is undoubtedly more
on the safe side.
But if it happens with a woman in a way that it is out of control, or
it causes her hardship and difficulty, in that case she comes under
the same ruling as the woman who is suffering from istihaadah
(irregular non-menstrualbleeding), such as when her bleeding is
persistent. She should dowudoo' when the time for each prayer begins,
and after that it will not matter if she passes wind. The same also
applies if she continuallypasses wind from the back passage. It is
more appropriate to be on thesafe side concerning her religious
commitment and worship. And Allah knows best.
End quote from Sharh Zaad al-Mustaqni'.
And Allah knows best.

No comments:

Post a Comment