Please mention those books with the relevant quotes

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Ref no: 0217#

Date: Tuesday, June 7, 2011

Category

Mazhab

Title

 

Question

I’m aware that in the Hanafi Madhab (as well as that it is the view of the Hanbalis and some from some Shafites) it is Mustahab to wipe the nape in Wudhu.

Im also aware about the narrations on this topic, and also that it is mentioned in the Fiqhi books.

However i want to ask wheter this masalah is mentioned in the Zahir-ur Riwaya books or other than those; mentioning it specifically as a verdict of Imaam Abu Hanifa or his students Imaam Muhammad and Imaam Abu Yusuf.

Please mention those books with the relevant quotes.

Answer

Muhtaram / Muhtaramah

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

Before answering the question, it is pertinent to understand the methodology of the Hanafi School of Fiqh. The Hanafi School does not constitute only of the views of Imam Abu Hanifa (ra), Imam Abu Yusuf (ra), and Imam Muhammad (ra), but rather it also constitutes of the views of many Jurists coming after the three Imams who solidified the madhhab. It is for this reason that there are many different levels of Jurists within the Hanafi School. From the different levels, some Jurists are those who extracted new rulings from the original sources which were not mentioned by the three Imams. They extracted these new rulings based on the laws and rulings of Imam Abu Hanifa (ra). Therefore, even if a certain issue is not addressed by any of the three Imams it does not imply that it is not part of the madhhab.

As for your question, we could not locate a direct narration from one of the three Imams pertaining to masah over the nape. However, many latter Jurists have addressed this issue in their books.

1. Shaykh Burhan al-Din (ra) in his Al-Muheet writes, “Imam Muhammad (ra) did not mention in his Al-Kitab regarding masah of the nape. Abu Jafar (ra) used to say that masah of the nape is sunna and many Jurists accepted this view. (Muheet al-Burhani 1/177 Idarat al-Quran)

لم يذكر محمد رحمه الله في «الكتاب» مسح الرقبة، وكان الفقيه أبو جعفر رحمه الله يقول: إنه سنّة وبه أخذ أكثر العلماء

2. Mahmud al-Mahbubi (ra), the author of Al-Wiqaya states, “The mustahab acts [of wudu] are to start from the right side and to make masah of the nape. His grandson ‘Ubaydullah al-Mahbubi (ra) in the commentary of this book states the reason, “Because Nabi (Sallalahu ‘Alayhi Wasallam) made masah of the nape. (Sharah al-Wiqaya 1/65 Yasir Nadim And Company)

ومستحبه التيامن…ومسح الرقبة لأن النبى صلى الله عليه وسلم مسح عليها

3. Ibrahim ibn Muhammad ibn Ibrahim al-Halabi (ra), the author of Multaqa al-Abhur states, “The mustahab acts [of wudu] are to start from the right side and to make masah of the nape.” (Majma al-Anhur Sharah Multaqa al-Abhur)

ومستحبه…التيامن…ومسح الرقبة

4. Shams al-Din Abu Bakr Muhammad al-Sarakhsi (ra), the author Al-Mabsoot, writes, “Imam Muhammad (ra) did not mention the issue of making masah on the nape. Some Jurists have said it is not from the actions of wudu. However, the correct view is that it is preferable to do masah of the nape in wudu. Ibn ‘Umar (Radiyallahu ‘Anhu) has said, make masah of your napes before the fire of hell becomes an iron collar around it.” (Mabsoot li al-Sarakhsi)

ولم يذكر فيه مسح الرقبة وبعض مشايخنا يقول إنه ليس من أعمال الوضوء والأصح أنه مستحسن في الوضوء . قال ” ابن عمر ” رضي الله عنهما : امسحوا رقابكم قبل أن تغل بالنار

5. Kamal al-Din ibn Humam (ra), the author of Fath al-Qadir writes, “Masah of the nape is mustahab with the outer portion of the hand since its wetness has not been used. And masah of the throat is an innovation.” (Fath al-Qadir)

ومسح الرقبة مستحب بظهر اليدين لعدم استعمال بلتهما ، والحلقوم بدعة .

The abovementioned texts where brought as a way of example. The issue of making masah on the nape has been addressed by almost every latter Jurist. Therefore, there is no reason to doubt whether masah on the nape is part of the Hanafi School.

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyyah

 

 

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