MISCELLANEOUS MATTERS ON FIQH

Fiqh Matters

Abu Qatādah (may Allāh be pleased with him) said: The Messenger of Allāh (peace and blessings of Allāh be upon him) said: “None of you should touch his penis with his right hand when urinating, or wipe himself with his right hand after relieving himself, or breathe into the vessel when he drinks.”

Lessons from the Hadīth

It is not permitted as a matter of ethic and purification to do any of the following three things:

·         Touching or even worse, holding one’s penis with one’s right hand while urinating. This applies to whether it was briefly or throughout the course of urination.

·         Wiping one’s penis, vagina or anus with the right hand using pebbles, tissue papers, handkerchief, et cetera after urination or defecation.

·         Breathing into a drinking vessel such as cups and bowls.

Fiqh of the Hadīth

(a) No doubt the wordings of the Hadīth imply impermissibility. However, does this mean that it’s harām to do so?

Zāhiriyyah: Yes, it’s harām to hold one’s penis with one’s right hand when urinating.

Majority of the scholars: No, it’s rather makrūh (detested, reprehensible) to do so.

(b) Does the rule apply in all circumstances or its limited to urination alone?

Although there is another narration that prohibits touching one’s penis with one’s right hand mutlaqan in all circumstances, urination or not. This would include scratching, holding, wiping or even playing with it for whatever reason. However, general expressions are to be interpreted in the light of specific ones, and in this case, the above hadīth limits such ruling to urination alone. Therefore, it would not be impermissible to hold one’s penis with his right hand during intercourse, for instance.

(c) How does one avoid holding one’s penis with his right hand and wiping it with it at the same time?

Assuming that one urinates holding his penis with his left hand and, after urination decides to wipe it using pebbles, how does he achieve this? Two opinions have emanated from the Shāfi’iyyah madh-hab:

(1) He should hold his penis with his left hand and the pebbles with his right. He should hold the pebbles steady and move his penis with his left hand on the pebbles. With this, he has avoided two things: one, holding the penis with the right hand, and two, wiping his penis with it.

(2) He should hold his penis with his right hand and the pebbles with the left and then wipe his penis with his left hand.

The first view is more correct and closer to achieving the injunctions in the Hadīth.

(d) The rule of using the left to wipe one’s private part after relieving oneself applies to both cases of urination and defecation.

(e) The right hand is to be honoured. The Prophet is reported to always prefer the right in all honourable things. This is why he prohibited eating, drinking, giving and taking with the left hand. All must be done with the right hand. In both spiritual mane mundane acts such as ablution, bathing, wearing clothes and sandals, entering the house, masjid, etc, the right comes first before the left.

(f) Breathing into the vessel while drinking is prohibited the same way blowing (hot) food or drink is prohibited. This is in order to prevent germs and dirt coming out of the nose and mouth from contaminating one’s food or drink.

Does this apply to the one drinking from bottles (plastic or glass) and its likes?

(1) The prophet forbade drinking from the mouth of the water skin (siqā’). This hadīth was narrated by Bukhārī and Muslim on the authority of Abū Hurayrah and Ibn ‘Abbās. This applies to drinking from bottles in some instances. Thus, it would seem safer to avoid drinking from bottles (sometimes).

Note: The above explanations were taken from إحكام الأحكام شرح عمدة الأحكام by the illustrious Ibn Daqīq al-’īd vol.1, 103-104

And Allāh knows best...

By: Ustādh Sanusi Lafiagi