Question: What are the things to be observed by those who imitate the Maliki Madhhab because of a filled tooth, incontinence with urine or wind, or any chronic discharge such as blood and pus?
ANSWER
Those Hanafis who imitate the Maliki Madhhab obey the fards (conditions, compulsory acts) and avoid the mufsids (things that make acts of worship invalid) in the Maliki Madhhab along with the Hanafi Madhhab only in ghusl, wudu', and salat. They follow the Hanafi Madhhab in the performance of other acts of worship. They do sunnats and makruhs according to the Hanafi Madhhab, too.
The rulings [of the Maliki Madhhab] that are different from those of the Hanafi Madhhab are as follows:
1. Niyyat, muwalat, and dalk are fard (obligatory) in ghusl.
a. When beginning ghusl, wudu', or salat, one must intend to follow the Maliki Madhhab when making intention. [After performing ghusl, wudu', or salat, if one remembers that one did not intend to follow the Maliki Madhhab, it will not be necessary to repeat wudu', ghusl, or salat if one says at that moment, “I performed this wudu', ghusl, or salat according to the Maliki Madhhab.”]
Niyyat (intention) is made when one begins performing ghusl. If one forgets it, it is valid to make intention after the ghusl when one remembers it. When beginning ghusl, one must intend to make ghusl in order to purify oneself of janabah (major impurity). If one performs ghusl by knowing that one is in a state of janabah, then one is considered to have made intention.
Muwalat means washing the bodily parts one right after another.
Dalk means rubbing the washed organs gently with the hand or with a towel. Touching them serves as dalk, too.
b. It is fard to make khilal of the hair (to comb the hair with the fingers of both hands) in ghusl. [It can be done with a comb, too.]
c. In ghusl, a woman does not have to undo her hair plait if water reaches the skin under her hair (her scalp). In other words, if the skin under her plaited hair can be wetted, it suffices to wet the exterior surface of the plait without undoing it. But if the skin under her hair cannot be wetted, she has to undo her plait. It is fard to wash all parts of the hair if it is not plaited. [The same rule applies in the Hanafi Madhhab.]
d. If one remembers later, be it a month, that when performing ghusl one forgot to wash a certain part of one's body, one washes only that part immediately. If not, one's ghusl becomes null and void.
2. Niyyat, muwalat, dalk, and applying masah on the entire head are fard in wudu'. Niyyat (intention) is made when one washes one's hands or mouth or nose or face.
a. In wudu', it is fard to wash the skin under the eyebrows and eyelashes, to make masah on the skin (mastoid regions) which is between the back of the ear and hair, and to make masah on the skin in front of the ear lobes and the hair on it as well.
b. It is fard to make masah on the beard when it is so scarce that the skin under it can be seen. But if it is thick, it is fard to wash it.
c. A woman must make masah over all of her hair. She does not have to undo her plaited hair; she applies masah over her plaited hair.
d. It is mustahab to make khilal of the toes (to insert a finger in between toes). As fingers are opened and closed while one is performing wudu', dalk is considered to have been carried out. For this reason, it is not necessary to make khilal of the fingers (to put the fingers of one hand into the fingers of the other hand). If it is done, there is no harm.
3. a. If a man touches [the skin or the hair of] a boy, his wife, or a marriageable woman lustfully, his wudu' is broken. Similarly, if a woman touches a marriageable man lustfully, her wudu' is broken, too. If this touching is without lust, wudu' is not broken. [It nullifies the wudu' of a man to touch his penis with the inside surface of his hand or of his fingers.]
b. If the body emits blood, pus, or yellowish liquid because of some disease or if one is afflicted by incontinence with urine or wind, they do not break one's wudu'. In the same way, chronic vaginal discharge of a woman does not break her wudu'.
c. Having a haircut or cutting the nails does not break wudu'. As there are some scholars who say that shaving the beard breaks wudu', it is better to renew wudu' after a man shaves his beard with a razor or a straight razor.
d. If one knows that one's wudu' has been broken and doubts whether one has made wudu' again later, one has to make wudu'. If one doubts whether one has performed wudu' or not, or whether one's wudu' has been broken or not, it is judged that one's wudu' has been broken. But if one remembers that one has made wudu' and it has not been broken, it is judged that one's wudu' has not been broken.
e. In the Hanafi Madhhab, sleeping in salat does not break wudu'. Outside of salat, sleeping by lying on one's side or by leaning on something breaks one's wudu'. However, in the Maliki Madhhab, a light sleep does not break one's wudu'; a deep sleep breaks it. For example, if one falls into a deep sleep in the sitting position of salat, it breaks one's wudu'. But if it is a light sleep, it does not break one's wudu'.
4. Tayammum (ablution with soil) is made after the time for a salat starts.
5. a. Masah (wiping) is applied both on the upper faces and under the soles of masts. It is not valid to wear masts simply because it is difficult to wash the feet. They must be worn to comply with the sunnat or to protect the feet from cold. If one wears them without intention and says later, “I have worn these masts to obey the sunnat,” this intention is considered valid.
b. There must not be any najasat (something religiously dirty) on masts. It is fard that they be clean.
c. The masts have to be of leather or of a thing of that kind. It cannot be of wool.
d. According to the Maliki Madhhab, there is not a limit for the duration within which masah on masts is permissible. One can apply masah on them without taking them off until one becomes junub. But it is sunnat to take them off only on Fridays to make ghusl. Those who imitate the Maliki Madhhab cannot wear them for more than 24 hours because they are not considered to have abandoned the Hanafi Madhhab, which they normally follow.
6. It is fard to recite Surah al-Fatiha in each rak’at of salat, to sit between the two sajdas, to remain motionless for a while (which is called tumaninat) at sajdas, and to say salam at the end of the salat. [The jama’at does not recite Surah al-Fatiha behind the imam. Indeed, if it is done the way Hanafis do, these mentioned fards have been done as well.]
7. It is not valid to make sajda (prostration) on the hands. The same rule applies in the madhhabs of Shafi’i and Hanbali. In the Hanafi Madhhab, it is makruh tanzihi.
8. It is not valid to follow [in salat] an imam who is fasiq or an adherent of bid'ah.
9. On a journey, those who imitate the Maliki Madhhab can conjoin two salats by imitating the Maliki Madhhab if there is necessity.
10. On a journey, one is termed a muqim (settled) at a place where one intends to stay for 4 days or more, excluding the days of arrival and departure. Likewise, one is termed a muqim when one stays for more than 18 days with the thought that one may depart the next day from the place where one went for some business which one thought would take one less than 4 days.
11. On a journey, a person who stays for 10 days at a place is termed a musafir (traveler) in the Hanafi Madhhab because he stays for less than 15 days. But he is considered settled in the Maliki Madhhab because one who intends to stay for 4 days or more, excluding the days of arrival and departure, becomes settled in the Maliki Madhhab. If one stays for 3 days or less, then one is considered a traveler. If one performs a fard salat [that contains four rak’ats] as two rak’ats by following the Hanafi Madhhab at a place where one stays for more than 3 days, one’s salat will not be valid because it is fard for a settled person to perform them as four rak’ats in the Maliki Madhhab. As for the Hanafi Madhhab, it is makruh to perform those salats as four rak’ats. Because the Maliki Madhhab says that it is fard, one must obey what is fard and perform them as four rak’ats.
The criterion to be taken for the days of arrival and departure is the time of imsak. A day, like fasting, starts at imsak, and it continues until the next imsak.
For example, if one has arrived in a city after the imsak time while the adhan for Salat al-Fajr is being called, one does not count that day because it is the day of arrival. If one has arrived before the imsak time, the day after the imsak is not considered as the day of arrival. If one leaves after the imsak time, that day is considered as the day of departure.
Therefore, if one arrives at a place when the sun is rising, one does not count that day because it is the day of arrival. After staying for 3 days, if one departs from that place on the 4th day after the imsak when, for example, the sun is rising, one is considered to have stayed there for 3 days and to be a traveler because the days of arrival and departure are not taken into account. (Manahij-ul-‘ibad)
When one travels to a distance of 80 km, one is termed a traveler in the Maliki Madhhab, but one is not termed a traveler in the Hanafi Madhhab. In such a case, if one performs a 4-rak’at fard salat as two rak’ats by following the Maliki Madhhab, this salat is not valid according to the Hanafi Madhhab. It is fard to perform it as 4 rak’ats.
To imitate another madhhab (while one is performing a certain act of worship) does not mean leaving the madhhab one normally follows. It means observing only the fards and mufsids of an act of worship for which one imitates that madhhab. Something which is sunnat in the Hanafi Madhhab is done even if it may be makruh in the Maliki Madhhab. For example:
a. In the Hanafi Madhhab, it is sunnat to say the A‘udhu (ta'awwudh) and Basmala before Surah al-Fatiha in salat. But it is makruh in the Maliki Madhhab. A person who imitates the Maliki Madhhab says the A‘udhu and Basmala.
b. It is makruh to recite the [the prescribed prayer] Subhanaka in the Maliki Madhhab, but it is sunnat in the Hanafi Madhhab. A person who imitates the Maliki Madhhab recites it.
c. If the menstrual bleeding of a woman goes on for 13 days, she makes a ghusl at the completion of day 10 and performs salat because the blood that flows after day 10 is considered istihada in the Hanafi Madhhab. In the Maliki Madhhab, a period of menstruation is 15 days maximum. If the bleeding does not stop, a Hanafi woman who imitates the Maliki Madhhab cannot perform salat until the 15th day is over. On the 16th day she makes a ghusl and resumes salat. She has to make up the salats that she missed after the 10th day, which are fard to be offered in the Hanafi Madhhab. So is the case with postnatal bleeding (nifas). That is, the salats that are not performed on days which are considered nifas by the Maliki Madhhab but not considered nifas by the Hanafi Madhhab must be made up. Doing so, she has observed the fards and mufsids of both madhhabs.
Rulings concerning menstrual and postnatal bleeding
1. There is no limit for the minimum duration of menstruation; even a drop of blood is considered menstrual. A period of menstruation is 15 days maximum. It is istihada (non-menstrual bleeding) if blood flows for more than 15 days. [In the Hanafi Madhhab, a period of menstruation is 3 days minimum and 10 days maximum. A period less than 3 days and the days after the 10th day are considered non-menstrual bleeding.]
2. A minimum of 15 days must pass for the next menstrual period to occur. If bleeding resumes before 15 days pass, it is not menstrual but istihada. It is just like blood coming from the nose. She can perform salat without having to take ghusl.
3. Blood that flows from an aisa [old] woman is not menstrual, but istihada. A woman becomes aisa at the age of 70 in the Maliki Madhhab and at the age of 55 in the Hanafi Madhhab.
4. Blood that flows from a pregnant woman or before delivery is considered menstrual. [It is categorized as istihada in the Hanafi Madhhab.]
5. If a baby is delivered by caesarean section, the blood emerging from the vagina is not considered nifas (postnatal bleeding). [But it is considered nifas in the Hanafi Madhhab.]
6. The maximum duration of postnatal bleeding is 60 days. [In the Hanafi Madhhab, it is 40 days.]
7. When a woman is experiencing postnatal bleeding, if she does not see blood for 15 days, she is considered to have attained purification. If the bleeding restarts after 15 days of purity, it is not considered postnatal bleeding, but menstrual bleeding.
8. When a woman experiences postnatal bleeding, if the days of purity between the days of bleeding are less than 15 days, they are considered nifas. A woman’s nifas is considered to have ceased if, disregarding the days of purity in between, the total number of days of bleeding adds up to 60. For instance, if a woman sees blood for 20 days, no blood for 7 days, then blood for 17 days, no blood for 10 days, and blood again for 23 days, her nifas has ceased because the total number of days of bleeding adds up to 60. If blood flows again before a 15-day period, it is considered istihada (bleeding other than menstrual and postnatal bleeding). But if it flows after 15 days, it is menstrual bleeding.
Q&A concerning the imitation of the Maliki Madhhab
Question: It is written in the book Endless Bliss: “The skin in line with the ear lobes and the hair on it as well are within the face according to the Hanafi Madhhab, so it is fard to wash those areas. In the Maliki Madhhab they are (outside the facial region and belong to the rest) of the head. They should therefore be included in the masah.” Is it fard to apply masah on the ears in wudu'?
ANSWER
In wudu', it is fard to apply masah (wiping) on the hairless skin (mastoid region) which is over the ears and is between back of the ears and hair, and it is also fard to apply masah on the skin in front of the ear lobes and the hair on it as well. When washing the face, one washes the skin in line with the ear lobes. Washing it substitutes for applying masah. It is not necessary to apply masah again on it.
When making masah on the head, if you apply masah on the sides of the head as far as the ears, you will have made masah on the head and hair, together with the hairless skin which is over and behind the ears.
That is, it is not fard to make masah on the ears. What is fard is to make masah, in the same way as it is mentioned above, on the hair on the head and on the sides of the head, and on the hairless skin which lies between the hair and back of the ears.
Does blood break wudu'?
Question: If blood issues from any part of my body, is my wudu' not broken?
ANSWER
If a knife cuts your hand and if blood issues through your skin, your wudu' is broken. But if blood oozes from that cut afterwards, it does not break your wudu' anymore. For a person who imitates the Maliki Madhhab, the blood coming out of the skin the first time breaks wudu', but the blood oozing from the same place later on does not break wudu'. The expression the first time herein should not be misunderstood. When blood comes out after you have cut your hand, your wudu' is nullified. But [when you renew your wudu'] the blood and pus coming out of the cut—that is, out of the same cut—do not break your wudu'. Similarly, if you cut your other hand, the blood that comes out of it breaks your wudu'. But [when you renew it] the blood coming out afterwards from the same place does not break your wudu', either. That is, if body emits blood, pus, wind, urine, etc. because of some disease, they do not break your wudu'. For example, if your nose bleeds for no reason at all, your wudu' is not nullified because it happens outside your physical control. Excuses which arise beyond one’s control, such as involuntary emission of wind from the anus and urinary incontinence, do not break wudu' in the Maliki Madhhab.
Excuses and wudu'
Question: In the Maliki Madhhab, do excuses that arise beyond one’s physical control break wudu'?
ANSWER
No, they do not. One is considered to be a person with an excuse (ma'zur) at that very moment, and one can continue the salat.
Samawi reasons, that is, things that arise beyond one's physical control, do not nullify wudu' in the Maliki Madhhab. For instance, while one is performing salat, if one's diarrhea comes out or if blood issues from one's boil or wound or if pus goes out through one's ears or if one's body emits worms through one's anus or if drops of urine leak out from a prostate sufferer or if chronic discharge is released from the vagina or if blood is discharged from hemorrhoids or if there is involuntary emission of wind from the anus (inability to prevent wind from coming out) or if one vomits substances to an extent that it amounts to a mouthful, none of them nullifies wudu' in the Maliki Madhhab because they happen outside one's physical control. As they do not nullify one's wudu', one can continue one's salat. However, if a knife cuts one's foot and it bleeds, it breaks one's wudu' because it is not an excuse that occurs outside one's control. But thereafter, because one's foot has developed a wound, the blood or pus issuing from it does not nullify one's wudu' anymore. Such excuses as draining of a mature boil, bleeding of a nose for no reason at all, urinary incontinence, and being unable to prevent diarrhea from coming out are all involuntary excuses, and they do not break the wudu' of a person who normally follows the Hanafi Madhhab but imitates the Maliki Madhhab because of such an excuse. If the lip and hands chap and bleed because of cold weather, this situation does not nullify the wudu' of a person imitating the Maliki Madhhab. In other words, excuses that occur beyond one's physical control do not break one's wudu'.
Question: For a person imitating the Maliki Madhhab, is there anything different to observe in tayammum (ablution with soil)?
ANSWER
There is no difference to observe in tayammum, except that such a person must make tayammum after the time for a salat begins and that he must make a fresh tayammum for each of the five daily salats.
Noticing an unwashed place
Question: If one imitating the Maliki Madhhab makes wudu' and performs salat, but one month later, if one sees oil paint on one’s hand, removes it, and washes that place, are one’s wudu' and salats valid?
ANSWER
Yes, they are valid.
What is muwalat?
Question: What does muwalat, which is fard in the Maliki Madhhab, mean?
ANSWER
Muwalat (consecutiveness) is to wash the organs one right after another quickly and without a pause. In other words, it means not pausing as long as it, under normal circumstances, takes the last limb you have washed to dry.
An action that can be done in a very short time does not affect muwalat. For example, if people come in while you are performing wudu' and if you look at them to learn who they are, your looking at them does not affect muwalat. Similarly, if water is cut off while you are performing wudu', your taking water from a bucket or your walking into another room to perform wudu' there does not affect muwalat, either.
Likewise, if, after washing your right foot, you quickly put on an easily wearable sock and begin to wash your other foot, this act of yours does not harm muwalat. But if you put it on slowly and if your pausing is as long as it takes a limb to dry under normal circumstances, then it is an obstacle to muwalat. While performing wudu', if you take off one of or both of your socks, it does not affect muwalat.
However, a limb’s drying or not drying is not an absolute criterion to decide, because limbs dry quickly if the weather is hot and windy. But if the weather is cold and still, it may take long. Therefore, in the course of performing wudu' if you busy yourself with something else thinking that your limb has not dried yet, then it will prevent muwalat. The limb of a fevered body dries instantly. This means to say that a limb’s drying or not drying is not an absolute criterion for muwalat.
Hadrat Ibni Âbidîn, explaining muwalat according to the Hanafi Madhhab, states:
“Also, when one makes tayammum, though it is not performed with water, pausing as long as it takes a limb to dry prevents muwalat.”
Having a tooth pulled
Question: Today I have a tooth pulled, and it is still bleeding. I imitate the Maliki Madhhab. I made wudu' and performed the Salat az-Zuhr, but there is still bleeding. I have to make up the Salat az-Zuhr that I performed, don’t I?
ANSWER
Your wudu' has not been broken, so you can perform Salat al-Asr and Salat al-Maghrib with that wudu' if you have not done any other thing that breaks your wudu'. Bleeding does not nullify wudu' in the Maliki Madhhab. Therefore, it is not necessary to make up that salat.
Forgetting the niyyat (intention)
Question: What should a person who imitates the Maliki Madhhab do if he forgets to add the intention “I follow the Maliki Madhhab” when making intention in ghusl, wudu', or salat?
ANSWER
If one remembers forgetting it after a day, one intends a day later. If one remembers it after three days, one intends three days later. If one remembers it after three months, one intends three months later.
Question: If a person imitating the Maliki Madhhab has not performed Salat az-Zuhr until asr-i awwal when there is a good excuse for doing so, e.g., when he forgets to perform it, is it permissible for such a person to perform Salat az-Zuhr at asr-i awwal by following the Hanafi Madhhab?
ANSWER
Yes, it is permissible because the necessity has arisen to do so. But it is not permissible to postpone it until that time without any reason whatsoever.
Question: As it is better for a person following the Hanafi Madhhab to perform Salat al-Asr at ‘asr-i thani, so is it also better for a person imitating the Maliki Madhhab to perform it at that time?
ANSWER
It is better for a person imitating the Maliki Madhhab to perform Salat al-Asr at ‘asr-i thani. There is nothing wrong with this. However, Salat az-Zuhr cannot be performed at ‘asr-i awwal if there is no necessity to do so.
Kissing without lust
Question: When people imitating the Maliki Madhhab kiss their spouses with lust or without lust, is their wudu' broken?
ANSWER
If they kiss their spouses lustfully, their wudu' is broken. If the kissing is like a parting kiss, then their wudu' is not broken. Generally, people do not feel much lust for their spouses; that is, kissing them does not cause lust right away. But if they are aroused by it, it nullifies their wudu'. In the Hanafi Madhhab, however, wudu' is not broken, even if kissing the spouse causes lust.
Question: Is it permissible for a person imitating the Maliki Madhhab to perform salat with underpants smeared with blood because of hemorrhoidal bleeding?
ANSWER
Yes, it is permissible because cleaning them is difficult.
Question: I imitate the Maliki Madhhab. During salat, my boil burst, and I felt it. After salat, I saw that blood and pus had spread over an area larger than a palm. Was my wudu' broken? Was my salat valid?
ANSWER
Neither your wudu' nor your salat was invalidated. If you experience such a situation before salat, it does not nullify your wudu'. But if it is possible and if you have time, it is necessary for you to change your garment because you have not abandoned the madhhab you normally follow. If it is not possible to change your garment, there is nothing wrong with performing salat with it.
Question: In the Maliki Madhhab it is fard to make khilal—that is, putting the fingers of one hand into the fingers of the other hand—between the fingers in wudu' and ghusl. Because our fingers touch one another by themselves, are we considered to have done this fard by only opening and closing our fingers?
ANSWER
Yes, you are considered to have done this fard by opening and closing your fingers. It is not necessary to make khilal again between them.
Undoing plaited hair
Question: Is it necessary for a woman imitating the Maliki Madhhab to undo her plaited hair in wudu' and ghusl?
ANSWER
In the Maliki Madhhab it is not necessary for a woman to undo her plait in wudu'. She applies masah on all her hair as well as her plait. In ghusl, if water reaches the bottom of her hair, that is, the skin of her hair, it is not necessary to undo her plait, either. The same rule applies in the Hanafi Madhhab. In other words, when a woman wets the skin under her plaited hair, it is not necessary to wash her plait. If the skin under her hair cannot be wetted, then she has to undo her plait. It is fard to wash all parts of the hair that is not plaited. Besides, in the Maliki Madhhab it is necessary to make khilal of the hair (running fingers through the hair) in ghusl.
Discharge of blood during pregnancy
Question: Is the blood flowing from the vagina of a pregnant woman who imitates the Maliki Madhhab counted as menstrual blood?
ANSWER
Yes, it is counted as menstrual blood.
Question: It is written in the book Se'âdet-i Ebediyye: “In the Maliki Madhhab it is obligatory to make niyyat when beginning to make wudu'.” In the subject concerning ghusl, it is written:
“It is fard to make niyyat when beginning wudu' or when washing the face.” But in the book İslam Ahlakı, it is written: “It is fard [to make niyyat] when washing the hands.” When should we make niyyat?
ANSWER
That niyyat (intention) is made when one begins wudu' means that one can make niyyat until one finishes washing one's face. That is, the niyyat can be made when one washes one's hands or mouth or nose or face. But after washing one's face, one cannot make the niyyat. However, if one forgets to make the niyyat and remembers it after wudu' and if one, no matter how much time has passed, immediately says, “I performed this wudu' according to the Maliki Madhhab,” one's wudu' becomes valid. Similarly, it is not necessary to make up the salat for which one forgot to make such an intention (that is, if one forgets the niyyat that one performs that salat according to the Maliki Madhhab).
Question: If one who imitates the Maliki Madhhab breaks wind, is one’s wudu' broken?
ANSWER
Breaking wind breaks wudu' in the Maliki Madhhab, too. However, since a person who is afflicted by involuntary loss of wind (incontinence with wind) is considered to be a person with an ‘udhr (excuse), it does not break such a person’s wudu'. Otherwise, breaking wind nullifies wudu' in any case.
Question: I imitate the Maliki Madhhab. When performing wudu', if I inadvertently apply masah on my head before washing my arms and if I remember it later in the course of performing wudu' and wash them, is my wudu' considered valid?
ANSWER
It is valid because in the Maliki Madhhab it is not obligatory to wash the limbs in the prescribed order.
Question: In the Hanafi Madhhab if we forget to wash an organ in ghusl or wudu', it can be washed afterwards. Does the same rule apply in the Maliki Madhhab, in which it is fard to wash the organs one right after another?
ANSWER
If it is washed immediately when one remembers it, it is considered valid in the Maliki Madhhab, too.
Question: If the blood of a person imitating the Maliki Madhhab predominates over his saliva, does it break his wudu'?
ANSWER
The blood that comes out of a wound in the mouth or because of some disease in the mouth does not break, no matter how much, the wudu' of a person imitating the Maliki Madhhab.
Question: I imitate the Maliki Madhhab. When a thing breaks my wudu' according to the Maliki Madhhab while it does not break it according to the Hanafi Madhhab or when another thing breaks my wudu' according to the Hanafi Madhhab while it does not break it according to the Maliki Madhhab, how should I act in such a situation?
ANSWER
The thing that nullifies your wudu' in the madhhab you normally follow breaks your wudu'. Also, the thing that nullifies your wudu' according to the madhhab you are imitating breaks your wudu', too. We observe only the fards and mufsids of the madhhab we imitate, but we observe all the rules of our own madhhab. But the case is different with excuses that happen outside our physical control.
Question: In the Maliki Madhhab, does making khilal of the hair mean inserting fingers like a comb?
ANSWER
Yes, it does.
Question: In the Maliki Madhhab, is it fard to wash the skin under a very thick beard in wudu'?
ANSWER
It is fard to wash only the beard.
Question: Does the masah applied on the entire head compatibly with the Hanafi Madhhab fulfill the conditions of the Maliki Madhhab, too?
ANSWER
Yes, it fulfills the conditions of the Maliki Madhhab, too.
Question: In the Maliki Madhhab, does a woman apply masah on her entire head as a man does?
ANSWER
Yes, she does.
Question: Does a woman imitating the Maliki Madhhab have to make masah on the hanging parts of her hair when making masah on her entire head?
ANSWER
Yes, she does.
Question: I am a woman imitating the Maliki Madhhab. My hair is long. How should I make masah on it?
ANSWER
When you draw your hands downwards from both sides of your head, if you grasp your hanging parts of your hair when you reach the bottom of your head and draw your fist backwards, masah will be completed. It does not matter even if your hair reaches your feet. What matters is a hand’s touching it, not its being wetted with water. It suffices to touch it with a wet hand.
Question: I imitate the Maliki Madhhab. If a certain part on my body is cut when I am without wudu', do blood and yellowish liquid coming out of it break my wudu' when I perform wudu'?
ANSWER
They do not break your wudu'.
Question: After performing wudu', if we step on a carpet with our wet feet and then if we step on the same place with our socks, is the wetness on our socks considered najasat (religiously dirty thing)?
ANSWER
It is not considered religiously dirty either in the Maliki Madhhab or in the Hanafi Madhhab.
Question: I imitate the Maliki Madhhab. If I touch the private parts of my baby when I change its diaper, is my wudu' broken?
ANSWER
It is not broken in the Maliki Madhhab, but it is broken in the Shafi’i Madhhab.
Question: In the Maliki Madhhab, is my wudu' broken if I shake hands with women?
ANSWER
If you do not feel sexual desire, it is not broken. But if it arouses desire in you, it is broken.
Question: I have been suffering from hemorrhoids. They ooze blood, dirtying my underpants. Is there an easy way to keep my wudu'?
ANSWER
There is an easy way: if you imitate the Maliki Madhhab for this problem, neither the bleeding breaks your wudu', nor is it considered religiously dirty. That is, if blood comes out while you are performing salat, it does not break your wudu', so you can perform salat in this state because the blood soiling your underpants is not considered religiously dirty.
Question: I imitate the Maliki Madhhab because of an excuse. In addition to it, I suffer from hemorrhoids, wounds, and fungal infections. Is there anything wrong if I perform salat with clothes smeared with blood and pus?
ANSWER
If there is najasat as much as to prevent the performance of a salat, your salat will not be valid if it is possible for you to clean it easily. The reason why you should clean it is that you have not left the Hanafi Madhhab. But if it is not possible for you to change your dirty clothes easily, then it is permissible to perform your salat according to the Maliki Madhhab.
Question: I imitate the Maliki Madhhab because of hemorrhoids. In addition to hemorrhoids, if I am afflicted by different ‘udhrs (excuses), such as urinary incontinence, discharge of pus from a wound, nose bleeding, and inability to prevent wind from coming out, should I make a separate niyyat (intention) for each new excuse?
ANSWER
It is not necessary to intend separately for each excuse. Remembering all your excuses, you should make one niyyat for all thinking, “These do not break wudu' in the Maliki Madhhab.” If you forget to make intention and make it later, that is, whenever you remember it, it will be valid.
Question: I imitate the Maliki Madhhab because of a chronic discharge. If I do not wash inside my mouth as it is not fard to wash inside the mouth in ghusl in the Maliki Madhhab, is there any harm upon me?
ANSWER
Yes, your ghusl will not be valid. It is fard to wash inside your mouth because you have not left the Hanafi Madhhab.
Question: A friend who is in the Shafi’i Madhhab wants to imitate the Maliki Madhhab because of hemorrhoids. How should he imitate it?
ANSWER
He imitates the way Hanafîs do.
Question: In the Shafi’i Madhhab, the (special supplications called) Qunut is recited in Salat al-Fajr. Do Shafi’is imitating the Maliki Madhhab recite it?
ANSWER
Yes, they recite it because they are not considered to have left the madhhab they normally follow.
Question: I sometimes act as an imam. I imitate the Maliki Madhhab because of a filled tooth and disease. Is it permissible for me to lead the congregation (jama'ah) consisting of people of different madhhabs?
ANSWER
Yes, it is permissible.
Question: Does a discharge of fluid from the body, for example, chronic vaginal discharge, nullify the wudu' of a person imitating the Maliki Madhhab? Is it permissible to perform salat with a panty liner smeared with this discharge?
ANSWER
Chronic discharges do not nullify the wudu' of a person imitating the Maliki Madhhab. It is not an obstacle to the validity of salat even if a woman performs salat with a soiled panty liner. But it would be better to change it before she stands for salat.
Question: I imitate the Maliki Madhhab, and I know that I have to obey its fards. In the Maliki Madhhab it is fard to say salam in salat. When I make sajda-i sahw (prostration for forgetfulness), is a salat not finished? In other words, should I make sajda-i sahw without saying salam?
ANSWER
Salam is said with the intention of finishing salat. As for sajda-i sahw, it is not done with the intention of finishing salat. For this reason, when one makes sajda-i sahw, there is nothing wrong with saying salam to one side, or even to both sides.
Question: If a man from the Shafi’i Madhhab imitates the Hanafi Madhhab in a bazaar lest his wudu' is broken when he touches a woman, does he have to observe the conditions of the Hanafi Madhhab when performing salat?
ANSWER
Of course, he has to observe them.
Question: My mother imitates the Maliki Madhhab because she has a filling. Though she intends to imitate the Maliki Madhhab when performing wudu', she forgets to pass this intention through her heart when performing salat. It is written on your website that if a person forgetting it passes this intention through his/her heart later on, it will be valid. Is it valid for one salat or for all salats performed previously?
ANSWER
If she intends for all of them now, that is, if she says, “I performed my previous salats according to the Maliki Madhhab,” they will be valid.
Question: Should Hanafis who imitate the Maliki Madhhab say the Basmala before reciting a zamm-i sura (a chapter recited after Surah al-Fatiha) in salat?
ANSWER
There is nothing wrong if they say it.
Question: While we are performing wudu' according to the Maliki Madhhab, is it necessary to make khilal of our hair [to comb the hair with fingers]?
ANSWER
It is not necessary in wudu'. You only apply masah on your hair.
Question: In the Maliki Madhhab, in addition to washing the limbs quickly one right after another in order to be considered to have observe muwalat, is it necessary also to wash an organ quickly?
ANSWER
You should perform wudu' in a normal way as usual. It is not a condition to wash them quickly. The condition is not to busy yourself with something else while you are performing wudu'.
Question: In the madhhabs of Shafi’i and Maliki, are the parts between fingers included in the palms?
ANSWER
They are not included.
Question: Does having a shave with an electric razor break wudu' in the Maliki Madhhab?
ANSWER
It is like a razor or a straight razor. It breaks wudu' according to a qawl.
Question: What does muwalat mean?
ANSWER
It means performing wudu' without busying yourself with something else.
Question: Are the wudu' and ghusl of a woman imitating the Maliki Madhhab valid if she performs them without taking her earrings off but by only moving them with fingers?
ANSWER
They certainly are valid. There is nothing wrong even if she does not wear earrings. Women do not know this rule. That is, it suffices to touch the holes no matter whether she is wearing earrings or not, or whether they are closed or not.
Question: Is it permissible for a woman to imitate the Maliki Madhhab because of chronic vaginal discharge?
ANSWER
Yes, it is permissible.
Question: While I am performing ghusl according to the Maliki Madhhab, my wudu' is nullified if my hand touches my penis. When my wudu' is nullified, is it necessary to start performing the ghusl all over again?
ANSWER
In the madhhabs of Hanafi and Maliki, if, while you are making ghusl, you do something that invalidates your wudu', it is not necessary to start the ghusl all over again. When wudu' is broken, the only problem is that you cannot perform salat with that ghusl. Because your wudu' has been broken, you have to make a fresh wudu' in order to perform salat. Those who imitate the Maliki Madhhab wash their two private parts first when beginning ghusl. Then they perform wudu’ and ghusl. They can perform salat with that ghusl.
Question: If there arises the necessity of making jam’ (conjoining, combining) of two salats when one is muqim (settled), how should one who imitates the Maliki Madhhab make niyyat (intention) according to the Hanbali Madhhab?
ANSWER
One intends to follow both madhhabs. For example, when Salat az-Zuhr is conjoined with Salat al-Asr within the time of Salat az-Zuhr, the intention for Salat az-Zuhr should be made as follows:
“I intend to conjoin Salat az-Zuhr with Salat al-Asr within the time of Salat az-Zuhr and to follow the madhhabs of Hanbali and Maliki.”
And the intention for Salat al-Asr should be made as follows:
“I intend to conjoin Salat al-Asr with Salat az-Zuhr within the time of the Salat az-Zuhr and to follow the madhhabs Hanbali and Maliki.”
When Salat az-Zuhr is performed within the time of Salat al-Asr, the intention for Salat az-Zuhr should be made as follows:
“I intend to conjoin Salat az-Zuhr with Salat al-Asr within the time of Salat al-Asr and to follow the madhhabs of Hanbali and Maliki.”
When Salat al-Asr is performed within the time of Salat al-Asr, the intention for Salat al-Asr should be made as follows:
“I intend to conjoin Salat al-Asr with Salat az-Zuhr within the time of Salat al-Asr and to follow the madhhabs of Hanbali and Maliki.”
When Salat al-Maghrib is conjoined with Salat al-Isha, the same intention is made by substituting Salat al-Magrib and Salat al-Isha for Salat az-Zuhr and Salat al-Asr.
Question: In the Maliki Madhhab, where and with which part of his hand should a man touch in order for his wudu' to be considered to have been broken?
ANSWER
If a man touches his penis with the inside surface of his bare hand or inside surface of his bare fingers, his wudu' is broken.
Question: When a Hanafi woman who imitates the Maliki Madhhab applies masah on her head while making wudu', does she have to undo her plait and to take off her hair clip?
ANSWER
As it is necessary to apply masah on the entire head in the Maliki Madhhab, she must take off her hair clip, but it is not necessary to undo her plait.
Question: I imitate the Maliki Madhhab because of my filling. When I make masah on my entire head in wudu', it causes pain and deterioration in my illness. Isn’t there a solution?
ANSWER
If you imitate the Shafi’i Madhhab for your filling, it will be, unlike the rule of the Maliki Madhhab, unnecessary to apply masah on your entire head. Touching the head with one finger suffices for masah. But you must apply masah on one-fourth of your head because you are not considered to have abandoned the Hanafi Madhhab.
Question: When should niyyat for wudu' be made in the Maliki Madhhab?
ANSWER
One can make niyyat when washing one's hands or when putting water in one's mouth or when putting water in one's nose or when washing one's face. When one forgets to make the niyyat, one's wudu' will be valid if one makes it whenever one remembers it. So is the case with ghusl. That is, if one forgets to make the niyyat when beginning ghusl, one's niyyat will be valid if one makes it whenever one remembers it, be it an hour or a day or a month later.
Question: In the Maliki Madhhab, it is haram for a person who has salats to make up to perform sunnat salats. Because Salat al-Witr is not wajib, but sunnat, in the Maliki Madhhab, shouldn't a Hanafi who imitates the Maliki Madhhab perform make-up salats instead of Salat al-Witr?
ANSWER
No, he should not. The Salat al-Witr is wajib in the Hanafi Madhhab. A Hanafi imitating the Maliki Madhhab performs Salat al-Witr with the intention of a wajib salat. To imitate another madhhab while one is performing a certain act of worship does not mean leaving the madhhab one normally follows. While one observes all the rules of one's own madhhab, one observes only the fards and mufsids (things that nullify an act of worship) of the madhhab one is to imitate.
Question: I was imitating the Maliki Madhhab because there was a filling in my tooth. Now I have had my filling pulled. Is it still necessary for me to imitate the Maliki Madhhab?
ANSWER
It is not necessary. Because the filling has been removed, there is no need for imitation.
Similarly, when an old widow who is highly unlikely to become junub (sexually impure) anymore has her tooth filled, it is not necessary for her to imitate the Maliki Madhhab. It is not necessary for children who have not reached the age of puberty and sanity to imitate it, either. But there is nothing wrong if they imitate it so that they may get used to it, because it is better to always observe, even if one does not have a filling, the conditions of the four madhhabs as much as possible. If something which is not makruh in the madhhab one normally follows is fard in another madhhab, it is mustahab to do it.
In the Maliki Madhhab, when performing wudu', it is fard to make niyyat, to rub the limbs, to wash the limbs one right after another, and to apply masah on the entire head. In the Shafi’i Madhhab, it is fard to observe the prescribed order in washing the bodily parts. In the Hanbali Madhhab, it is fard to say the Basmala as well.
If one does these, one has made a wudu' compatibly with the four madhhabs.
The necessity of imitating a madhhab
Question: When those who have tooth fillings perform ghusl by imitating the Maliki Madhhab, their ghusl becomes valid. Can they not make wudu' and perform salat with this valid ghusl? Why do they have to imitate the Maliki Madhhab in wudu' and in salat, too?
ANSWER
Ghusl, wudu', and salat are interdependent. If you are without ghusl or wudu', your salat is not valid, either.
If, when performing wudu', one does not observe the fards and mufsids of the Maliki Madhhab but only observes the rules of the Hanafi Madhhab, then the salat one has performed with this wudu' is not valid according to either the Maliki Madhhab or the Hanafi Madhhab. According to the Maliki Madhhab, one does not have wudu'. And according to the Hanafi Madhhab, one does not have ghusl. All three of them must be valid according to one certain madhhab.
What is written about this subject in our religious books is as follows:
1. When doing an act in accordance with a certain madhhab, one has to observe all the conditions required by that madhhab for this act to be valid. If one of the conditions is not observed, this act will not be valid. (Khulasa-t-ut-tahqîq)
2. When one does an act in accordance with a certain madhhab, if a necessity arises to imitate another madhhab as well, it is a condition that one should not do a thing which is considered invalid by both of the madhhabs one is following. For example, if a man, while performing wudu', follows the Shafi’i Madhhab and does not rub his hand on those parts of his body he has to wash in wudu', and then if he touches a woman [he is permitted to marry] thinking his wudu' will not be broken by doing so according to the Maliki Madhhab, the salat he performs with this wudu' will not be valid according to either madhhab. The reason is that his wudu' was broken according to the Shafi’i Madhhab when he touched the woman, and his wudu' was not valid according to the Maliki Madhhab as he did not rub the limbs washed. (Tahrir)
3. When another madhhab is imitated for a certain act, it is necessary to observe all the conditions set by that madhhab for it. If one of the conditions is not fulfilled, this act of worship will not be valid, because to avail yourself of facilities of madhhabs when you encounter a difficulty (in doing an act in your own madhhab) is permissible when you fulfill all the conditions, unless there is a strong necessity. (Mîzan-ul-kubra)
Question: When we perform tayammum as a substitute for wudu', it is not necessary to put water in our mouths or noses. Therefore, is it necessary for people imitating the Maliki Madhhab to imitate it also when they perform tayammum instead of wudu'?
ANSWER
Yes, it is necessary. It is not fard, but sunnat, to put water in the mouth and in the nose in wudu', but the validity of wudu' depends on ghusl. If one’s ghusl is not valid, one’s wudu' is not valid, either. For this reason, it is necessary for those who imitate the Maliki Madhhab in ghusl to imitate it both in wudu' and in tayammum, too. In fact, in the Maliki Madhhab there is no difference in tayammum. The only difference is that a fresh tayammum is required at each salat time. And at each salat time the tayammum that one made for the previous salat becomes null and void. A tayammum made before the time of a salat begins is not valid in the Maliki Madhhab.
Question: I imitate the Maliki Madhhab. If I wash my private parts without making wudu' and then take ghusl compatibly with the Maliki Madhhab, will my ghusl be valid? Can I perform salat with this ghusl?
ANSWER
Yes, you can. Washing your private parts first is not an obstacle to the validity of either ghusl or wudu'. Because you wash your body after washing your private parts, you can perform salat with that ghusl. As you imitate the Maliki Madhhab, you wash your body by making dalk of it (rubbing it with hands or with a towel). So is the case with wudu’. There is nothing different. You can perform salat with that ghusl in spite of the fact that you did not perform it compatibly with the sunnat way.
Question: As the sideburns on the face are included in hair according to the Maliki Madhhab, they must therefore be included in the masah. But as they are included in the face according to the Hanafi Madhhab, they must be washed. Is washing them counted as masah? Is tartib (washing the limbs in the prescribed order) fard in the Maliki Madhhab?
ANSWER
Yes, washing them is counted as masah. When they are washed, it is not necessary to apply masah. Tartib, that is, washing the limbs in the prescribed order, is not fard in the Maliki Madhhab. It is fard in the Shafi’i Madhhab.
Question: It is said that in the Maliki Madhhab when one touches the opposite sex lustfully one’s wudu' is broken. If one touches him/her without sexual desire but if one feels desire upon touching him/her, does it nullify wudu' again? If one of them feels desire but the other does not feel it, is the wudu' of both broken?
ANSWER
If one touches him/her in order to derive sexual pleasure but does not feel any pleasure when touching him/her, one’s wudu' is broken. If one touches without an intent to derive sexual pleasure but feels it when touching him/her, one’s wudu' is broken, too. You cannot know the intention and condition of the other person. What concerns you is your own wudu'. If you touch lustfully or if you do not touch lustfully but feel lust when touching him/her, your wudu' is broken.
Question: If one touches the opposite sex lustfully, one's wudu' is broken according to the Maliki Madhhab. If one of them does not feel any lust, is his/her wudu' broken, too?
ANSWER
The wudu' of the one who does not feel sexual desire is not nullified. Only the wudu' of the person feeling desire is nullified. (Al-Fiqh ‘ala al-Madhahib al-Arba‘ah)
Involuntary excuses and wudu'
Question: In the Maliki Madhhab, is the wudu' of a person who is afflicted by hemorrhoids, a boil, a wound, or any chronic discharge broken when the time for a salat ends?
ANSWER
No, wudu' is not broken when the time for a salat begins or ends. One can perform, for example, Salat al-Isha with the wudu' one made to perform Salat al-Fajr unless any other thing that nullifies one’s wudu' happens.
Question: Supposing a person imitates the Maliki Madhhab. If he cuts his finger while in a state of wudu', will it not nullify his wudu'?
ANSWER
If the time left for salat is little, it is permissible for him to perform salat with that wudu' in order not to miss the time for the salat.
Question: My eyebrows are thick and luxuriant. I imitate the Maliki Madhhab. When taking ghusl, do I have to either rub (dalk) them with my fingers or to comb them?
ANSWER
Yes, you do.
