Explaining the phrase 'lifting the Hadath actually and legally under the Sharee’ah' Fatwa No: 37673
- Fatwa Date:12-1-2014
Can you elaborate on this definition of the juristic term thoroughly and in detail, "Lifting the Hadath or removing filth or things that have the same meaning or appearance," while elaborating in detail on the phrase, "… things that have the same meaning or appearance"?
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
The scholars stated that "lifting the Hadath (i.e. ritual impurity) " refers to all ritual impurities that prevent prayer, Tawaaf (i.e. circumambulating the Ka‘bah in Makkah), touching the Noble Quran and the like of acts of worship that necessitate being in a state of purity. Hadath is related to the body and there are two kinds; minor and major impurities. The minor impurity entails ablution and the major Hadath requires Ghusl (i.e. ritual washing of the entire body). Hadath does not denote Najaasah (i.e. filth) for one's prayer is not invalidated due to carrying an impure person.
As for the phrase, "…actually and legally under Sharee’ah," it is similar to lifting a minor impurity after performing ablution. The phrase "…actually and legally under Sharee’ah," refers to a worshipper who suffers from a permanent state of impurity. His Hadath is lifted legally under Sharee’ah and not in actuality.
The phrase, "things that have the same meaning or appearance," means whatever denotes lifting the Hadath such as performing Ghusl after washing a dead person since the reason behind such Hadath is an act of worship and not due to a state of ritual impurity. Another example is someone washing his hands after waking up from sleeping at night as well as what entails recommended ablution and Ghusl. The phrase, "removing filth" refers to Najaasah.
Allaah Knows best.