Answered by Sidi Salman Younas
My question pertains to the idea of impurity and how it is determined whether something is impure. Is it derived solely from the Quran and Hadith? For example, in terms of sexual intercourse, there is a difference of opinion on whether sperm is considered pure or impure. Where is the evidence for this? Similarly, pre-seminal/pre-ejaculatory fluid is generally considered impure, but which specific areas of the Quran or Hadith is this derived from?
salamu `alaykum wa rahmatullahI pray you are well and in the best of health.
Whether something is impure or not is derived mainly from the texts of the Qur’an and the hadith of the Prophet (Allah bless him and grant him peace).
For example, the rulings related to the pre-ejaculatory fluid (madhi) are mainly taken from the narrations of Sayyidina `Ali, present in Bukhari, Muslim, Abu Dawud and others. The Prophet (Allah bless him and grant him peace) is narrated to have stated regarding the above, “He should wash (ghasl) his penis and make ablution (wudhu`)”.
When the scholars looked for the legal cause of ablution they saw the underlying reason as the exiting of filth. This became the touchstone used to decide whether something was impure or not. That which nullified the ablution was considered impure (such as a mouthful of vomit), and from there other impurities were determined. That which did not nullify ablution was not considered impure (e.g. vomit less than a mouthful; the principle is ‘ma laysa bi hadath laysa bi najas’).
Other impurities unrelated to the ablution are also mainly determined from the texts, and further from the underlying meanings the texts point toward.
Sometimes though, the texts on the issue seemingly conflict and are not explicitly clear. Based on the different methodological approaches of the four schools, one school may conclude something as being pure whereas the other may consider it impure and filthy.
In the case of ejaculate, for example, Imam Shafi`i is of the opinion that it is pure (tahir) and does not break ones ablution, although it does require the ritual-bath (ghusl).The Shafi`i school further utilize the narration(s) of Sayyidah `A’isha that states, “I would wipe/scrape off the ejaculate from the Prophet’s (Allah bless him and grant him peace) garment.” (Tirmidhi), stating that if ejaculate was impure, then washing would be necessary – such as in the case of blood – and merely wiping or scraping would not suffice. Similarly, the position of Ibn `Abbas, “Ejaculate is like mucus…” (Tirmidhi, Dar al Qutni) was also taken by Imam Shafi`i to conclude that ejaculate is pure.
The Hanafis state that since urine, pre-ejaculatory fluind, and so forth are all filthy, since their exiting only breaks ablution, ejaculate should be considered at a higher level of filthiness since it necessitates the ritual-bath. They also employ narrations such as that of Sayyidina Mu`awiyah who said, “I asked Umm Habiba (s: the Prophet’s wife) whether the Prophet (Allah bless him and grant him peace) prayed in the garment he wore during intercourse. She replied, ‘Yes, when he saw no filth on it.'” (Abu Dawud, Tirmidhi) Similarly, the various narrations of Sayyidah `A’isha that show her washing off the ejaculate from the Prophet’s (Allah bless him and grant him peace) garment after which he would go out for prayer. (Muslim, Abu Dawud, Nasa’i) They also reason that there is no explicit or clear hadith stipulating ejaculate to be pure, and that in all cases the ejaculate was removed – whether through washing or wiping – although removing something pure is not necessary.
The above can be detailed much more of course. Each side has their proofs and arguments.
Thus, although such issues are determined primarily by looking at the Qur’an and hadith, the apparent conflict in the texts and the different methodological guidelines the schools of jurisprudence apply and work through gives rise to such differences. It should be known that the texts are not all unequivocal on such issues. Rather, they allow for some level of interpretation. A faqih (scholar of law) does not look at merely the verbatim expression of the text but also what it entails, implies, and indicates.
And Allah Knows Best
Wasalam
Salman Younas
Approved by Faraz Rabbani