Question:
Some people in San’aa, with the cold which is currently being experienced, are overcome by laziness from removing the state of Janābah (major impurity) by way of performing Ghusl (ritual cleansing bath) in the night and wake up for Fajr and fear upon themselves sickness if they were to perform Ghusl in the morning, and even if water was to be heated they still find difficulty.
So they then turn to performing Tayyamum (a temporary uplifting of the state of impurity through using sand).
What is the ruling of this action, or is it upon them to perform Ghusl at night?
Answer:
They perform Tayammum if it’s thought they would most probably become sick through performing Ghusl in the cold, due to the statement of Allah, the Most High:
(لَا يُكَلِّفُ ٱللَّهُ نَفْسًا إِلَّا وُسْعَهَا)
“Allah burdens not a person beyond his scope.”
[Al-Baqara:286]
And the statement:
(وَلَا تَقْتُلُوٓا۟ أَنفُسَكُمْ ۚ إِنَّ ٱللَّهَ كَانَ بِكُمْ رَحِيمًا)
“And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you.”
[An-Nisā:29]
And Bukhari chaptered a chapter in his Sahīh, entitled:
“A person in the state of Janābah can perform Tayammum if he feared upon himself sickness, death or thirst.”
And mentioned that ‘Amr bin Al-‘Āas was in a state of Janābah during a cold night, and performed Tayammum and recited:
(وَلَا تَقْتُلُوٓا۟ أَنفُسَكُمْ ۚ إِنَّ ٱللَّهَ كَانَ بِكُمْ رَحِيمًا)
“And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you.”
[An-Nisā:29]
[End of speech]
And it is not obligatory upon him to perform Ghusl at night; due to that the Ghusl of the Janābah doesn’t have to be immediate, it is just due to that it causes some difficulty for a person when going to the Fajr prayer in the morning.
An-Nawawi relayed, in his explanation of Sahīh Muslim, the consensus upon this.
Due to what is in the two “Sahīhs” on the authority of ‘Aaisha, may Allah be pleased with her, that the Messenger of Allah ﷺ when wanting to sleep while in the state of Janābah, perform Wudhū like the Wudhū of the prayer before he would sleep.
And the speech of An-Nawawi is aided by what has authentically been narrated with Abu Daud, on the authority of Ibn ‘Abbas, may Allah be pleased with them both, with a Marfuu (Elevated: i.e attributed to the Messenger ﷺ) narration:
(إِنَّمَا أُمِرْتُ بِالْوُضُوءِ إِذَا قُمْتُ إِلَى الصَّلاَةِ)
“I have only been commanded to perform Wudu’ when I want to pray.”
This is what relates obligation.
However if they they were able to perform the Ghusl at night, then it is better and further in uplifting culpability from oneself in-regards to the removal of the state of impurity.
Due to what is found in the hadīth which is on the authority of ‘Aisha, may Allah be pleased with her, when she she was asked about what the Prophet ﷺ would do, she said:
“All of that he would do, and perhaps he would perform Ghusl, or perhaps he would perform Wudhū and sleep.”
And in the first hadīth of ‘Aisha, may Allah be pleased with her, is the Istihbāb (being preferred) to perform Wudhū at the Janābah before sleeping, due to it decreasing the dislike of sleeping while in the state of Janābah.
An-Nawawi said:
“And in a narration:
“If he ﷺ was in a state of Janābah and wanted to eat or to sleep he would perform a Wudhū, the likes of the Wudhū of the prayer.”
And in a narration of ‘Umar, may Allah be pleased with him:
“O Messenger of Allah, can one of us sleep while being in a state of Janābah? He ﷺ then said: Yes, when having performed Wudhū.”
And in a narration:
“Perform Wudhū and wash your private part and then sleep.”
And in a narration:
“The Messenger of Allah ﷺ when in a state of Janābah, would perhaps perform Ghusl and then sleep, or perform Wudhū and then sleep.”
And in a narration:
“When visiting his wives, he would perform Wudhū if he wanted to return, a Wudhū between the two.”
And in a narration:
“The Messenger of Allah ﷺ would visit his wives with one Ghusl.”
The summary of all these narrations is that it is permissible for the one in the state of Janābah to sleep, eat, drink and have intercourse before performing Ghusl.
This they agreed upon, and there is unanimous agreement that the body of the one in a state of Janābah and his sweat are both pure, and that it is preferred upon him to perform Wudhū.”
[End of speech]
Answered by:
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allaah preserve him.
Source:
t.me/abouhatem/104
Answered on:
11th, Safar, 1438H.
Translated by:
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani