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Search Fatawaa

Subject : Relieving People with Incontinence from Renewing Ablution in Case of Hardship

Fatwa Number : 1872

Date : 21-06-2011

Classified : "Ablution "Wudhou

Fatwa Type : Search Fatawaa

Question :

Can the person suffering from incontinence of wind perform Tawaf and at the same time wait to offer prayer in the Haram area, during the crowded season of Haj or Umrah, with a single ablution?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In principle, texts of Sharia state that when ablution is nullified by the passing of wind or urine, it is imperative that a person renew-sit in order for the prayer and Tawaf to be valid. This also applies to other acts of worship in which purity is a condition. But, the person suffering from continuous passing of wind or urine is excluded since Allah permits for the latter to pray under the condition that he/she makes ablution for each obligatory prayer after its time begins.

However, he/she isn`t permitted to offer two obligatory acts of worship-such as prayer and Tawaf-with one ablution. Rather, making ablution for each obligatory act is an obligation. The following Hadith supports the above idea: Narrated `Aisha: "Fatima bint AbiHubaish came to the Prophet (PBUH) and said: "O Allah's Messenger (PBUH) I get persistent bleeding from the uterus and do not become clean. Shall I give up my prayers?" Allah's Messenger (PBUH) replied: "No, because it is from a blood vessel and not the menses. So when your real menses begins give up your prayers and when it has finished wash off the blood (take a bath) and offer your prayers." Hisham (the sub narrator) narrated that his father had also said: (the Prophet (PBUH) told her): "Perform ablution for every prayer till the time of the next period comes." {Related by Bukhari}. This is the view of the majority of the Shafie, Hanafi and Hanbali jurists.

However, the reliable opinion of the Maliki jurists is as follows:

One-If the wind or urine continued most of the time, the ablution isn`t nullified, but renewing it is recommended. Two-If the wind or urine didn`t continue for most of the time, the ablution is nullified.

Accordingly, it is permissible for the aforementioned persons to make use of the exemption granted by the Maliki jurists in this regard; particularly during the crowded season of Hajj and Umrah. This is provided that they face extreme hardship-getting sick, getting late or missing the time of prayer-as a result for going to the lavatories to renew ablution, because Allah, The Almighty, Said (what means): "…, and has imposed no difficulties on you in religion" {Al-Hajj, 78}. In addition, there is a famous maxim in Sharia that says: "Difficulty demands facilitation." And Allah Knows Best.



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