Answered by Shaykh Jamir Meah
Question: Assalamu alaykum
I suffer from Chronic Penile Leakage, and failed to follow the correct rulings regarding purity in this case.
1. Because my intention while making wudu was not correct, does that mean my wudu was invalid?
2. Given that I may have to make up all those prayers and that صاحب دائم الحدث (the person suffering from a chronic breaking of wudu) must make a new wudu for every fard salat, does this mean that I have to make wudu for every single qada prayer?
3. Does the condition of being صاحب دائم الحدث go away if I notice a stop of the penile leakage?
4. What are the proper measures that must be taken before wudu for صاحب دائم الحدث, must I always make intinja’ prior to every wudu?
Answer: Wa’alaykum assalam. Jazakum Allah khayr for your question. I pray that Allah grant you a swift recovery from your condition.
I will answer your questions in order, insha’Allah.
1. Because my intention while making wudu was not correct, does that mean my wudu was invalid? If so it means all my prayers for the past six months are null because the wudu was invalid?
In the Shafi’I school it is obligatory for a person with any chronic discharge to make the intention of الاستباحة. There is not, to the best of my knowledge, an available opinion in the school that permits another intention such as رفع الحدث for someone with incontinent conditions. Unfortunately, this means you will have to make those prayers up according to the Shafi’i school [Tuhfa al Muhtaj, Bushra al Karim]
However, in the Hanafi school, the intention is a sunna and not an integral of the wudu. [Nur al Idah] If making up the prayers is difficult for you, you may take the Hanafi opinion for those prayers you have previously prayed, and then proceed to make the correct intention according to the Shafi’i school for future ablutions. However, please do check the answers below first to confirm your prayers are valid in the Hanafi school in other aspects:
The Fiqh of Chronic Excuses and Ablution
How Can I Maintain Purity and Pray When I Have a Weak Bladder that Constantly Leaks?
Urinary Incontinence and Wudu
2. Given that I may have to make up all those prayers and that صاحب دائم الحدث must make a new wudu for every fard salat, does this mean that I have to make wudu for every single qada prayer?
In the Shafi’i school, one would need to clean oneself, apply the wrap, and make wudu for each obligatory prayer, irrespective if the obligatory prayer is a current fard prayer or make up prayer, and once the time of prayer has entered. If the condition is chronic leakage of semen, one would have to take a ghusl for each prayer and after the prayer time has entered. [Tuhfa al Muhtaj]
However, again, if this proves too difficult for you, the Hanafi school permits one to pray as many obligatory prayers, current or make up, within the prayer time. Please refer to the above links.
3. Does the condition of being صاحب دائم الحدث go away if I notice a stop of the penile leakage?
There is no set time period to how long one is in such a state, as it will vary for each person and condition. So, you would go by what is apparent and making the appropriate intention at each ablution.
4. What are the proper measures that must be taken before wudu for صاحب دائم الحدث, must I always make intinja’ prior to every wudu?
A person with a chronic incontinent type conditions should do the following 4 steps:
1. First, they should make sure that they have cleaned and relieved themselves properly. You can find more details in how to do this in the answer: How Can I End Urine Drops Quickly?
2. Wrap a cloth or other material to prevent any leakage spreading from the immediate area. If one has wrapped the area properly and to the best of one’s ability, then if anything escapes after that, then it is of no consequence and one simply continues.
It is not a condition to do the above in the prayer time, but it is a condition that one makes wudu straight after applying the wrap (see below), and the wudu must be made once the pray time has set in. Therefore, it is advisable to perform the above after the prayer time has set in.
3. Make wudu with the intention of استباحة فرض الصلاة, I intend permission to perform the obligatory prayer, or whatever other worship they may want to do.
4. One must then pray the prayer they intended straight away without delay. If they delay more than the approximate time it takes to pray a brief two rakats, then all the above is rendered invalid and they must redo the above steps, even if the wrap has not moved out of place or no fluids have leaked.
However, if they delay the prayer for reasons which are beneficial to the prayer, such as waiting for a group prayer, or repeating the adhan, then this does not invalidate any of the above.
The above steps are according to the reliable opinion of our school. There is a weaker opinion in our school that one does need to make instinja’ and change the wrap for each prayer. This is on the conditions that 1) nothing has leaked from the wrap, and 2) the wrap has not moved from its place. However, one would still need to make wudu for each obligatory prayer after the prayer time has entered. [Mughni al Muhtaj]
I pray the above clarifies the matter for you insha’Allah. May Allah grant you the best of health.
Warmest salams,
[Shaykh] Jamir Meah
Shaykh Jamir Meah grew up in Hampstead, London. In 2007, he traveled to Tarim, Yemen, where he spent nine years studying the Islamic sciences on a one-to-one basis under the foremost scholars of the Ribaat, Tarim, with a main specialization and focus on Shafi’i fiqh. In early 2016, he moved to Amman, Jordan, where he continues advanced studies in a range of Islamic sciences, as well as teaching. Jamir is a qualified homeopath.