Tayammum and removing the state of ritual impurity Fatwa No: 92216
- Fatwa Date:23-7-2006
I would like to have detail on the following questions: 1.Does Tayammum purify one Jana bah in the absence of water, inadequate water or other inconveniences? 2.Not saying Bismillah before the recitation of Suratul Fatiha during Salaah, is the Salaah Sufficient? 3.I was in desperate need of Financial Assistance in the situation I could not control, I sought assistance from the Islamic Centers and Relief organizations but the refused until I lied to them before the assisted me, I was not happy about this, how do I repent? 4.What is the authencity of the sitting between two Rakahs i.e. before the rise for the second Rakah and the Arabic name to this sitting? 5.There is form of Salaah where the worshipper raises its two hands like he has done in the First Takbir in every point of the Salaah i.e. Ruku, before and after the Sujuud etc. What is the Auithencity? 6.I swore by the names of Allah on Falsehood in a situation I could help myself, How do I repent? Although, it was not from my heart but just to save meself.
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Firstly, Tayammum (i.e. dry ablution) was legislated as a means of ritual purification in the absence of water, or when fearing to get sick by using it, or in situations where it is impossible to use water as clarified in Fatwa 82475. This is something that is agreed upon among the scholars . However, they differed into two opinions concerning whether Tayammum removes the state of ritual impurity or it only gives the person a temporary permission to perform acts that require the state of ritual purification such as prayer. However, the position that is supported by evidences is that Tayammum removes the state of ritual impurity because Allaah Says, after mentioning that ritual purification can be attained through water or Tayammum that (which means): {Allaah does not intend to make difficulty for you, but He intends to purify you.}[Quran 5:6]. Moreover, the Prophet said: "The Earth has been made for me as a mosque (i.e. a place to perform my prayers) and means for (ritual) purification." [Al-Bukhari and Muslim] This is the view of Abu Haneefah and the view chosen by Ibn Taymiyyah and Ibn Hazm . In addition, this is the opinion which is adopted by the Permanent Committee of Fatwa and considered as stronger by Shaykh Ibn 'Uthaymeen .
Secondly, Ash-Shaafi'ee, Ibn Al-Mubaarak and Ahmad, in one of his two opinions are of the view that 'Bismi Allaahi Ar-Rahmaanir-Raheem' is a verse in Al-Faatihah, the first chapter of the Quran, without which the prayer is void. Ibn Hazm and An-Nawawi considered this opinion to be the most preponderant one. However, Imaam Maalik, Abu Haneefah, and Ahmad, in one of his two opinions are of the view that it is not a verse in Al-Faatihah based on the saying of the Prophet : "Allaah (the All-Mighty and Sublime) has said: I have divided the prayer between Myself and My servant into two halves, and My Servant shall have what he has asked for. When the servant says: ''All praise belongs to Allaah the Rabb of all the Worlds.'', Allaah (the All-Mighty and Sublime) says: ''My servant has praised Me…''
The fact that 'Bismi Allaahi Ar-Rahmaanir-Raheem' is not mentioned in this narration is evidence that it is not part of Al-Faatihah. As a matter of fact, neither the Prophet nor Abu Bakr, Umar, or 'Uthmaan used to recite it aloud, as confirmed by a narration reported by Muslim . Therefore, you should know that the issue of reciting 'Bismi Allaahi Ar-Rahmaanir-Raheem' and the implications of leaving it out when reciting the first chapter of the Quran during the prayer is an issue about which there is a difference of opinion. However, to avoid any possible liability, and to be on the safe side, it is better to recite it. For more benefit, please refer to Fataawa 86155 and 87131.
Thirdly, please refer to Fatwa 86323 regarding the sitting of rest between the two prostrations in the prayer, to learn about its evidences and the positions of the scholars on this issue.
Fourthly, please refer to Fataawa 86962 and 87198 that address the situations in which the praying person should raise his hands while saying Takbeer in the prayer.
Fifthly, swearing on a lie is a major sin; this is called a Ghamoos (immersion) oath, which is an oath that immerses one in sin, and it is also interpreted to mean that it immerses one in the Hellfire.
Allaah Says (what means): {And they swear to untruth while they know [they are lying]. Allaah has prepared for them a severe punishment.}[Quran 58:14]. Moreover, the Prophet considered it among the major great sins. For more benefit, please refer to Fataawa 82288 and 88592.
Therefore, you are obliged, dear brother, to sincerely repent to Allaah fulfilling all the conditions of repentance which are mentioned in Fatwa 87903. This is because whoever repents, Allaah will accept his repentance. In addition, avoiding embarrassment is not a valid justification for lying. However, lying may be permitted in extreme situations, or when real harm, that is validated by Islamic law, may behalf a person. This permission may be given only when all other choices are exhausted such as using double-entendre.
Sixthly, telling a lie in order to obtain money is prohibited because lying is major great sin. As a matter of fact, the Prophet said: "Beware of lying, for lying leads to vice (wickedness, evil-doing), and vice leads to Hellfire, and a man continues to tell lies till he is written before Allaah, as a major liar." [Muslim]
Finally, the money which you obtained by lying is forbidden money as you obtained it by an unlawful way. Therefore, you are obliged to repent to Allaah and inform the institution from which you took the money about the matter. If they ask you to give them the money back, it is an obligation to give it back to them, but if they forgive you, then we hope that Allaah will forgive you as well.
For more benefit, please refer to Fataawa 82736 and 83479.
Allaah Knows best.