Bismillahi Al-Rahmani Al-Rahim

Several Questions


Q
I will attempt to expand on my question, inshallah.  Could you
provide a list of the known things according to the Hanbali mazhab of
the things that break the Wudu.  Then also the things that are fardz,
sunnah, and wajib in making wudu.  For example in Maliki I believe
reciting Bismillah-ir-Rahman-ir-Rahim before wudu is Fardz.  Or for
example in hanafi it is only nessasary to make mashe over 1/4 of the
head.  If you could provide a detailed list of the fiqh for Hanbali
wudu, this thing would help many brothers and sisters.

Also if you could provide a list of the things that are fardz, sunna,
and wajib in salat in accordance to the Hanbali mazhab, this would
also be very benifical.  For example it is only wajib in the Hanafi
mazhab to recite Fatiha but not according to the other three
mazhabs.  A detailed list of these things would be of much benifit,
inshallah.

Also a lot of websites claim oral sex to be permissable in the
Hanbali mazhab, is this factual?

A
al-salamu `ala man yusallim `ala al-muslimin

I will attempt to expand on my question, inshallah.  Could you
provide a list of the known things according to the Hanbali mazhab of
the things that break the Wudu. 

Straight out of the Zad al-Mustani` lessons:

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(b: Eight things invalidate wudu:)

(a)     Anything exiting from the urethra or anus (b: even if rare or pure, like a bloodless birth&);

(b)     Something filthy from the rest of the body, whether the slightest amount of urine or feces, or a large amount of filth (m: where large is determine as something that the individual finds disgusting; some fuqaha estimate this to be the area covered when circling the thumb and index finger together, roughly the size of older American silver dollars), or something else;

(c)     losing consciousness, except for a slight amount of sleep while sitting or standing (m: but it invalidates if the person is sitting clasping their knees, while in ruku` or sujud, while walking, or when sitting or standing while leaning on something);

(d)     touching (b: whether intentional or not) a (b: human) penis while it is connected, or a (b: womans) labia (b: what lies behind the vulva) with the back or palm (b: or edges) of the hand, or a hermaphrodite touching them both, a male touching a hermaphrodites penis or a woman touching a hermaphrodites genitals because of the sexual desire they entail;

(e)     a male touching a woman or her touching him when accompanied with sexual desire, touching the anus. But it is not invalidated by touching hair, fingernails, (b: a man) touching a pubescent male (b: even with desire), when there is a barrier (m: between the one touching and the one touched), or when the person was touched without resulting in sexual desire (b: or the person whose genitals were touched);

(f)      washing a dead body;

(g)     eating camel meat (m: but only what is called meat: the heart, fat, hump, tongue, brother, kidney, liver, and the like to not invalidate wudu; and neither do other types of meat touched by fire);

(h)     everything which necessities the ghusl necessitates ablution, except for death.

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Then also the things that are fardz, sunnah, and wajib in making wudu.  [...]
If you could provide a detailed list of the fiqh for Hanbali
wudu, this thing would help many brothers and sisters.

This has been done in previous messages:

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Bismillahi Al-Rahmani Al-Rahim

The Basics Of Ritual Purification

Since prayer is the first thing we will be asked about on Judgment Day, it seems appropriate to begin with the basics of prayer. And since ritual purification (wudhu) is an essential condition for the validity of prayer, it seems the logical place to start.

Sunan actions of ablution       
The sunan of ablution include:
1.      using a toothstick (miswak)
2.      washing the hands three times
3.      beginning by rinsing the mouth and then rinsing the nose
4.      exaggerating in the two, except for someone fasting
5.      penetrating a thick beard (with the fingers)
6.      penetrating the fingers
7.      beginning with the right
8.      taking new water for the ears
9.      and the second and third washings

Note: It is obligatory to wash the hands three times, with intention, and saying Bismillah, after rising from nocturnal sleep which invalidates ablution.

THE ESSENTIALS AND DESCRIPTION OF ABLUTION
It has six essentials:
a.      Washing the face
b.      washing the hands
c.      wiping the entire head, ears included
d.      washing the feet
e.      the order
f.      and consecutiveness, which is not delaying the washing of one limb until the one before it dries

Intention
Intention is a condition for all forms of purification. One intends raising ritual impurity or a purification that it would be unlawful (to do something) without.

If one intends something for which ritual purity is recommended (such as: reciting the Qur'an, dhikr, the call to prayer, sleeping, or because of anger) or the sunna of renewing ablution while being forgetful of having invalidated it, then it raises his ritual impurity.

If someone in a state of major ritual impurity intends a sunna purifacatory bath (ghusl) it suffices for the essential, and likewise the opposite.

If a number of ritual impurities combine which require ablution or purifacatory bath (ghusl) and he intends one of them with his purification, then it raises the rest.

It is required to bring the intention at the first of the essential actions, which is saying Bismillah, and it is recommended with the first of its sunna actions if one exists before the essential, and its remembrance accompanying it during its entirety; and it is essential that its ruling accompany it (b: by not intending breaking it until completing the purification).

Performing Wudhu
The description of ablution is:
1.      intention;
2.      then saying Bismillah;
3.      then washing the hands three times;
4.      then rinsing the mouth and nose three times each, and washing his face, three times, from the hairline to what falls down from the beard and the chin lengthwise, and from ear to ear widthwise: washing its thin hair and the outward side of thick hair and what descends from it;
5.      then washing the hands up to and including the elbow, three times;
6.      then wiping the entire head including the ears one time;
7.      then washing the feet including the ankles, three times;
8.      the remaining essential portion of a severed is washed, and if cut from a joint then the head of the upper arm;
9.      then raising the gaze to the sky and saying what was related.

It is lawful to assist him, and he may dry his limbs.
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Also if you could provide a list of the things that are fardz, sunna,
and wajib in salat in accordance to the Hanbali mazhab, this would
also be very benifical. [...] A detailed list of these things would be of much benifit,
inshallah.

This, too, has been done in previous messages:

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Bismillahi Al-Rahmani Al-Rahim

The Basics Of Prayer

Since prayer is the first thing we will be asked about on Judgment Day, it seems appropriate to begin with the basics of prayer. The previous article described ritual purification; this one describes prayer itself.

Description of the Prayer
Before commencing
It is a sunna to stand when the person making the iqama says: Qad qamiti al-salat.

It is a sunna for the imam and the followers to straighten rows.

Beginning the prayer
He says Allahu akbarraising his hands with his fingers extended and together, parallel to his shoulders, like prostrating.

The imam makes it audible to whoever is behind him, like his recitation in the first two, other than Thuhr and `Asr.  Everyone else says it to himself.

He then grasps his left wrist with his right hand, placing them below his navel. He looks to the place where he will prostrate.

He then says: Subhanaka allahumma wa bi hamdika wa tabarak ismaka wa ta`ala jaddik wa la ilaha ghayruka.

The basmala and reciting from the Quran
It is recommended that he then says: A`uthu billahi min al-shaytani al-rajim,and to then silently say: Bismillahi al-rahmani al-rahim. The basmala is not part of al-Fatiha.

He then recites al-Fatiha. If he interrupts it with long, unlegislated invocation or silence; omits a shadda, a letter, or order, the non-follower must repeat it. Everyone audibly says Aminin the audible prayers.

It is recommended that he reads another sura following Al-Fatiha. In the dawn prayer it should be from the suras that begin with the sura Qaf, and in Maghrib from the short separated suras, and in the the other prayers from the middle suras.

It is invalid to recite any recitation that does not agree with the mushaf.

Bowing
Then he bows while making Takbir while raising his hands, and places them on his knees [with his] fingers spread apart, with his back level.

He says: Subhana rabb al-`athim. It is obligatory to say it once. Three times is the lowest optimal amount. The imam should not exceed saying it ten times.

Straightening up
He then raises his head and hands, with the imam and the individual saying: Sami` Allahu li man hamidah,and after rising and straightening up says: Rabbana wa lak al-hamd milal-samawati wa milal-ardh wa milma shita min shayin ba`d,and the follower when raising only says: Rabbana wa lak al-hamd.

After rising from bowing, he may place his right had on his left, or lefts them hang down.

Prostration
Then he sinks down making Takbir, prostrating on seven limbs: his feet, then his knees, then his hands, then his forehead, and then his noseeven with a barrier not from the limbs of prostration; he spreads his forearms out from his flanks, his stomach from his thighs. And separates between his knees, feet, and toespointing them towards the qibla. He says: Subhana rabb al-`ala, following what was said previously regarding the tasbih when bowing.

Sitting between prostrations
He then raises his head, making Takbir, and sitting with his left foot spread below while raising his right; and says: Rabb ighfir li,and makes the second prostration like the first.

Rising to the second rak`a
He then rises, making Takbir, standing using just the balls of his feet and not sitting for a moment in rest (jalsat al-istiraha). If it is easy, he supports himself by putting his hands upon his knees if easy; otherwise, he helps himself up by putting his hands on the ground.

He prays the second like the first, without the opening Takbir, opening du`a, saying `Authi billah&and renewing the intention.

The first tashahud
After completing the second rak`a, he sits with his left foot spread and his right raised, with his hands on his thighs. He clenches the pinky and second smallest finger of his right hand and forms a circle with his thumb and middle finger, and points with his index finger, without moving it, during the tashahud. He spreads out the fingers of the left.

He silently says: Al-tahiyyatu lillah wa al-salawatu wa al-tayyibat, al-salamu `alayka ayyuha al-nabi wa rahmatu llahi wa barakatuhu, al-salamu `alayna wa `ala `ibadi llahi al-salihin, ashhadu an la ilaha ill allah, wa ashhadu anna muhammadan `abduhu wa rasuluhu.

This is the first tashahud.

The Abrahamic supplication
In the tashahud that is followed by a taslim, he says: Allahumma salli `ala muhammadin wa `ala ali muhammadin ka ma salayta `ala ali ibrahima innaka hamidun majid, wa barik `ala muhammadin wa `ala ali muhammadan ka ma salayta `ala ali ibrahima innaka hamidun majid.

Sunna supplication
He then says `Authu billahi min `athab jahhanama wa `athab al-qabr wa fitnati al-mahya wa al-mamat wa fitnati al-masihi al-dajjaland he may supplicate with anything narrated.

The taslim
He then makes Taslim on his right, saying: Al-salamu `alaykum wa rahmatu llah, and on his left.

Praying a three- or four-part prayer
If he is in a three- or four-part prayer he rises making Takbir after the first tashahud and prays the remainder like the second rak`a reciting Al-Fatiha without the additional sura, and then sits in the final tashahud with his left foot under his right shin and his right foot raised.

A womans prayer
A womans prayer is like a mans, except that she bunches herself together, and when she sits she shifts both of her legs underneath her slightly to the right (tasdil).

What is Offensive, Permissible, Sunna, or Invalidates in the Prayer
It is offensive while praying:

1.      to turn;
2.      to raise the gaze to the sky;
3.      to close ones eyes;
4.      to sit on the back of the ankles
5.      to spread the forearms on the ground when prostrating;
6.      to fidget;
7.      to put the hands on the hips;
8.      to pop knuckles;
9.      to interlace the fingers;
10.     to be holding back urine;
11.     to be in the presence of desired food desires;
12.     or to repeat Al-Fatiha,
13.     not gathering suwar in an obligatory (prayer), like a supererogatory.

It is a sunna to repel someone passing in front of him.

He may:
1.      repeat an aya;
2.      notify his imam of mistakes;
3.      put on a garment;
4.      wrap a turban;
5.      kill a snake, scorpion, or lice.

If the action becomes long according to custom, without being essential, and without separation between them, then the prayer becomes invalidatedeven if out of forgetfulness.

It is permissible to recite from the end of the suwar and their middle.

If misses something, a man says Subhan allah,and a woman claps the inside of one hand on the outside of the other.

He spits on his left side while praying, and into his garment when inside a mosque.

It is a sunna to pray facing an erect sutra. If he does not find a pole, then towards a crescent shaped line.

The prayer becomes invalid if a wild black dog passes in front, but not a woman or donkey.

He may seek protection at an aya containing threats, and ask at an aya of mercy, even if in a required prayer.

The Integrals of Prayer
There are 14 integrals to prayer. An integral is what is a part of it and is not rescinded intentionally or out of forgetfulness. They are:

a.      standing, obligatory prayers for someone who is able;
b.      the opening Takbir;
c.      reciting Al-Fatiha;
d.      bowing;
e.      straightening up from it;
f.      prostrating on the seven limbs;
g.      straightening up from it;
h.      sitting between the two prostrations;
i.      becoming motionless in them all;
j.      the final tashahud
k.      and sitting for it;
l.      and praying upon the Prophet (Allah bless him and his family and give him peace) during it;
m.      following this order;
n.      the Taslim.

Obligatory Actions of Prayer
It has eight obligatory actions:
a.      the Takbir other than the opening one;
b.      saying Sami` Allahu li man hamudah;
c.      saying Rabanna wa lak al-hamd;
d.      saying Subhan allahin the bowing
e.      and saying it  in prostration,
f.      asking for forgiveness

Note: It is obligatory to do the above one single time, and a sunna to do so three times

g.      the first tashahud,
h.      and sitting for it.

Sunan and what invalidates the prayer
Everything else are sunnan.

Ones prayer is invalid if he:
1.      omits a condition without an excuse, with the exception of the intention, since it is not rescinded under any circumstance,
2.      or intentionally omits an integral or obligatory action
--contrary to the remainder.

Everything else are verbal sunan and actual sunan. The prostration of forgetfulness is not legislated for omitting them, and there is no harm if he does prostrate.

This, and the article on ritual purity before it, are based on a translation of Zad Al-Mustaqni` and a few notes from Al-Raudh Al-Murbi`. I have removed a few issues, fused the commentary with the basic text, and changed the order of some sections.
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Also a lot of websites claim oral sex to be permissable in the
Hanbali mazhab, is this factual?

This, too, has been covered in previous messages:

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Bismillahi Al-Rahmani Al-Rahim

Oral Sex

Now there's a title sure to grab your attention. Given the nature or the question, I have padded the answer with blank lines so that people who are not interested need not see it on their screen. Still, they may be interested in the last three paragraphs.

Q
Is oral sex permitted in the Hanbali school?

A
Books of fiqh tend to be quite dry when it comes to bedroom behavior. What you usually find is in the form "everything is permissible, except for x, y, and z" instead of a detailed checklist of things to try if you wish. While the traditional approach of generality is fine as a teaching tool for students of knowledge who would be asked specific questions, it is less effective when laymen have no one to ask, when the only people available to ask mean well and know a bit more than the questioner but are laymen themselves, or when laymen go to the books directly.

So, since the issue of oral sex is frequently asked it seems necessary to give a general answer. I apologize that the questioner is going to get less and more than he originally asked for.

[this space...

















                ...intentionally...
















                                ...left blank]

The basic list of things that are unlawful between husband and wife include:
  • Anal sex
  • Sex during menstruation and nifas
  • Sex that would be harmful or prolong recovery from an illness
When books talks about what is lawful, they typically mention that a husband and wife may pleasure one another in any way they wish other than the above mentioned things. Although not specific to sex, we can add the following:
  • Swallowing filth
  • Needlessly getting filthy
These things are obvious.

Regarding the issue of oral sex, if it can be done in such a way that no filth is involved, then from the perspective of lawful and prohibited it in and of itself would be considered lawful. But the term "oral sex" covers a wide range of activities, and there are differences between the various schools of fiqh regarding the purity and filth of bodily fluids, namely: sperm and vaginal secretions; there seems to be agreement among the Hanafis, Shafi`is, and Hanbalis that pre-ejaculatory fluid is filthy.

Something that entirely escapes the problem of filth is a man kissing the outer parts of his wife's genitals and sucking her clitoris. The first is mentioned in many books of Hanbali fiqh, saying that it is permissible before penetration and offensive after; and to clarify: the issue mentioned is not restricted to the outer parts. The second is mentioned in the Shafi`i work Fath Al-Mu`in and its meta-commentary `Iyanat Al-Talibin. For further reference, look through the index of the book of marriage for the sections concerning looking at members of the opposite sex and the sections conerning bedroom behavior .

Based on the basic guidelines above and based on the example of a man kissing his wife's genitals, it should also be lawful for a wife to kiss her husband's penis as long as she avoids any areas where there is pre-ejaculatory fluid.

But what Westerners usually have in mind when they talk about oral sex are fellatio and cunnilingus. Regarding pre-ejaculatory fluid, the only opinion I have ever seen is that it is haram. Additionally, even though the Shafi`is and Hanbali schools both consider sperm to be pure, they both agree that it is unlawful to swallow. This makes fellatio very highly likely to be unlawful. I suppose an enthusiastic couple could always use a condom.

As for cunnilingus: there are differences of opinion regarding whether or not vaginal secretions are pure or filthy, before and after penetration, and depending on where they are secreted from. Because of this, it is best avoided.

Should a couple decide to perform these acts, they must be sure to rinse out their mouths afterwards. This is something they should be doing in any case, and it is an essential part of purification for Hanbalis.

For added benefit and so we don't need to repeat this topic again: Hanbali books mention that it is lawful for a husband to achieve ejaculation by his wife masturbating him, and by rubbing his penis between her thighs or breasts. They also mention that while anal sex is absolutely unlawful, it is lawful to place a finger on the anus as long as it does not penetrate. One of the reasons for mentioning these detailed examples is to show that they were not unknown to the scholars, and in sha Allah to add strength to the idea that the general rulings mentioned in the books are sufficient for working out these detailed cases.

Up to here the topic concerns the lawful and the prohibited. But this issue is a completely separate from whether these acts should be done, and whether one spouse can compel the other one to do them.

When I asked my sheikh about these very issues he pointed out that while each spouse is responsible to provide for the other spouse's sexual needs and to keep them chaste, it is absolutely unlawful to abuse one another, mentally or physically. He also points out that Allah Most High in the Qur'an orders husband and wife to act amicably and well towards one another, and one needlessly forcing the other to do something--even when they have the right to demand it--goes against this principle. I once asked whether or not it was disobedience [nushuz] if husband demanded fellatio from his and she refused. His answer was that she is ordered to submit herself to him for intercourse: something she has not denied him here.

Even if people find this whole topic disgusting in practice, we should take note that the example given in the books is one where it is the wife who receives physical pleasure, not the husband, and that the location mentioned is the one most likely to bring about an orgasm. So much for the idea that Islam totally ignores the sexual needs of women, rendering them as little more than house keepers and sex toys for the husband's every whim. That the example of oral sex in fiqh books is for her pleasure and satisfaction should not go unnoticed.

And Allah knows best.
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wa al-salamu `alaykum
--musa