Exploring Islamic Jurisprudence – Volume 03 Issue 39

Exploring Islamic Jurisprudence - Volume 03 Issue 39

Ritual Purity in Islamic Jurisprudence (9)

Purifying Agents (Muṭahhirat) (3): The Rules Relating to Islam, Succession (Taba‘iyyah), Removal of Physical Impurity, Quarantine (Istibra’), and the Absence of a Muslim

In the previous two sections, natural and material purifiers (such as water, the earth, the Sun, transmutation, transformation, and transfer) were examined. This section addresses five further purifiers that carry predominantly legal, accessory, behavioural, and structural dimensions in Islamic law: Islam, Succession (Taba‘iyyah), Removal of Physical Impurity, Quarantine (Istibra’) of an Impurity-Eating Animal, and the Absence of a Muslim.

Jurisprudential Criteria and Legal Rulings

A) Islam: A disbeliever (kafir) becomes a Muslim by reciting the two testimonies of faith (Shahadatayn): “Ashadu an la ilaha illa Allah, wa ashadu anna Muhammadan rasūl Allah” (I bear witness that there is no god but Allah, and I bear witness that Muhammad is the Messenger of Allah). Upon embracing Islam, their body, saliva, nasal secretions, and sweat become ritually pure.

B) Succession (Taba‘iyyah): Succession refers to an item becoming pure as a consequence of another related item becoming pure:

  • When a disbeliever embraces Islam, their underage children become pure by succession.
  • When wine transforms (inqilab) into vinegar, its container -up to the level reached by the wine while boiling- becomes pure by succession.
  • During the ritual purification of a deceased person (ghusl al-mayyit), the hands of the washer and the cloth placed over the deceased become pure by succession.

 C) Removal of Physical Impurity In certain instances, the mere removal of the physical impurity (‘ayn al-najasah) suffices for purification without requiring washing with water:

  • The interior of the body: Such as the inside of the mouth, nose, and ears. If the mouth becomes impure due to bleeding gums, it becomes pure as soon as the blood clears and disappears, with no need to rinse the interior of the mouth.
  • The bodies of animals: If an animal’s body (such as a horse’s back or a bird’s beak) is contaminated with impurity, its body becomes pure upon the removal of the physical impurity.

 D) Quarantine (Istibra’) of an Impurity-Eating Animal The urine and faeces of an animal whose meat is permissible (halal) to consume, but which has acquired the habit of eating human excrement (jallal), are impure. To restore its purity, it must undergo istibra’; that is, it must be prevented from consuming impurities for a specified period and fed clean food until it can no longer be categorised as jallal.

 E) Absence of a Muslim (Ghaybat al-Muslim) If the body, clothing, or utensils in the possession of a Muslim become impure, and that Muslim subsequently becomes absent (out of sight), the item is deemed pure provided it is probable that they purified it or used it in a manner requiring ritual purity (such as performing prayer in that clothing).

Practical Notes and Juristic Divergences

  1. Ruling on Dentures and Implants Regarding Removal of Physical Impurity
  • Consensus Ruling: Fixed dental restorations (such as implants) carry the ruling of the interior of the body and become pure upon the removal of blood.
  • Divergence (Removable Dentures):
    • Grand Ayatollahs Khamenei and Makarem Shirazi: If removable dentures become impure inside the mouth, by obligatory precaution they do not become pure merely by the clearing of blood; they must be removed and washed with water.
    • Ayatollah Sistani: If removable dentures are in the mouth when it becomes impure and the blood did not enter from an external source, they become pure once the blood inside the mouth clears, and removing them is not required.
  1. Duration of Istibra’ for Animals: To eliminate the impurity of a jallal animal, adhering to specific timeframes in jurisprudence is required (for example: camels for 40 days, cattle for 20 days, sheep for 10 days, and domestic poultry for 3 days).
  1. Conditions for an Item to be Deemed Pure via the “Absence of a Muslim”: For the absence of a Muslim to affect ritual purity, the following conditions must be met:
  • The Muslim was aware that the item had become impure.
  • They use the item for actions that require ritual purity (such as prayer or eating and drinking).
  • The Muslim is an adult or a discerning minor (mumayyis) who understands the rulings of ritual purity.

The Ease of Islamic Law, and Pedagogical and Ethical Messages

  • Honouring Human Dignity in “Islam”: Embracing Islam wipes away all past constructual impurities (“Islam effaces what came before it”), paving the way for return and pure living without complex formalities.
  • Good Expectations in “Absence of a Muslim”: This ruling is one of the most remarkable manifestations of social trust and positive expectation in Islamic law. Islam does not permit a person to investigate or harbour suspicion regarding the cleanliness and purity of others’ lives.
  • Relief from Hardship regarding “Interior of the Body”: Had Islamic law required washing the inside of the mouth, nose, or eyes with water, daily life would have been fraught with severe hardship and distress.

Frequently Asked Questions

A) If gums bleed while brushing teeth, is it necessary to rinse the inside of the mouth with water?

No. The interior of the mouth becomes pure as soon as the blood clears and subsides; one only needs to spit out the toothpaste or blood-stained water, and washing the outer lips is sufficient.

 B) What is the ruling if blood enters the mouth from an external source (e.g., eating food contaminated with external blood)?

In this case, if an external impure object enters the mouth, the outer surfaces of the teeth or the mouth cavity must be washed with water, according to obligatory precaution or decree.

 C) If we see a friend wearing clothing we knew was impure days ago while they pray, is the clothing pure?

Yes. Based on the rule of the “Absence of a Muslim”, if you consider it probable that they washed it, the clothing is deemed pure, and asking or investigating is unnecessary.

 D) Is reciting the two testimonies (Shahadatayn) sufficient for a disbeliever to become pure, even if we do not know whether they converted in their heart?

The answer to this question is yes. Verbal recitation of the Shahadatayn suffices to establish outward ritual purity and the application of Islamic legal and jurisprudential rulings, even if we are unaware of their inner conviction or know that their declaration was prompted by an outward motive or expediency.

The logical and analytical rationale behind this ruling can be summarised as follows:

  • Logical distinction between “Outward Purity (External Legal Ruling)” and “True Faith (Internal/Eschatological Ruling)”: Within Islamic legislation and governance, a precise logical distinction exists between two realms:
    • The realm of ethics and the Hereafter (true faith): Here, the criterion for salvation and divine acceptance of deeds is heartfelt faith and sincere conviction.
    • The realm of law and society (purity and jurisprudential rulings): Here, regulations are structured around outward indicators. To maintain social order, apply legal relations, and safeguard human dignity and life, Islamic law established the Shahadatayn as the official indicator of entry into the fold of Islam and outward purity.
  • The logical principle of “Inaccessibility of Internal Intentions”:

Human beings possess no systematic or sensory means to discover one another’s heartfelt intentions or inner beliefs. If a person’s purity or impurity were contingent upon proving “heartfelt faith”, the social order and jurisprudential conduct would suffer from unbearable hardship (haraj), confusion, and perpetual suspension; no one could ever affirm with certainty whether another person was truly a believer. Therefore, legislative logic dictates that criteria for outward rulings (such as purity, the sanctity of life and property, and the lawfulness of marriage) must rely on an observable and measurable behaviour: the verbal declaration of the Shahadatayn.

  • Pedagogical and Social Messages:
    • Respect for declaration and human dignity: By granting primary validity to verbal declaration, Islamic law prevents arbitrary judgements, inquisitions into beliefs, and societal suspicion towards new converts.
    • Facilitating return and integration: If a person were required to undergo complex procedures to prove their sincerity before being recognised as pure, entry into the Islamic community would be excessively difficult. A verbal declaration of the Shahadatayn opens the path to pure living and social interaction without formalities.

In Summary:

According to the general consensus of religious authorities, a disbeliever’s verbal recitation of the Shahadatayn, even if we do not know whether they have converted in their heart, suffices for the purity of their body and the application of all rulings of ritual purity, unless one has absolute certainty that the declaration was made in mockery or ridicule without any intention of declaration or entry.

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