The Requirement of Tahara for Reciting / Touching The Quran
Date: 2006-06-14
Format: text
Identifier: http://www.islamworld.net/docs/uh/zara.html
Language: en
Source: How to Approach and Understand the Quran
Subject: quran
Title: The Requirement of Tahara for Reciting / Touching The Quran
Created on: Mon Mar 17 13:09:03 -0400 2008
Updated on: Mon Sep 25 13:29:40 -0400 2006
Version: 3
Abstract: ... time to another. Is it a requirement for women not to recite the Quran during such times? This is an important question because, for some women, those times may be quite lengthy and the effects of not being allowed to recite the Quran during that lengthy period are quite obvious. On this particular question, there are, once again, two major opinions: prohibition and permission. Each opinion shall be analyzed separately followed by a conclusion. However, in this case, the opinion of prohibition will be treated first. Note that the issue here is that of such women reciting the Quran without actually touching the Quran. Analysis of the First Opinion: It is Not Permissible for the Menstruating/Post-Partum Women to Recite the Quran: It is the opinion of the Hanafis, Shafis and one narration from Ahmad that it is forbidden for a menstruating woman [23] to recite the Quran. This has also been narrated from Umar ibn al-Khattab and Ali ibn Abu Talib, [24] from among the Companions. From the Followers, this was the opinion of al-Hasan al-Basri, al-Zukhri, Ibrahim al-Nakhai and Qatadah.[25] The proofs for this opinion are the following: The First Proof: The first proof is the following hadith narrated from ibn Umar: "The sexually defiled person and the menstruating woman do not recite anything from the Quran." (Recorded by al-Tirmidhi and ibn Majah.) However, there is general agreement among the scholars of hadith that His hadith is weak. Ahmad ibn Hanbal, al-Bukhari, Abdul Rahman ibn Mahdi, Ali ibn al-Madini, al-Baihaqi and Abu Hatim all rejected this narration. Since there does not seem to be much dispute about the weakness of this hadith, it will not be discussed in detail here.[26] The important conclusion is that it is not acceptable as a proof. The Second Proof: There is also another hadith that is cited as evidence. This is narrated from Jabir with the wording: "The menstruating woman and the woman with postpartum bleeding are not to recite anything from the Quran." (Recorded by al-Daraqutni.) This hadith contains Muhammad ibn al-Fadhl in its chain. Muhammad has been called a liar by the scholars of hadith, including ibn Hajr [27]. Hence, this hadith cannot be used for proof nor as supporting evidence for any other narration. The Third Proof: The third proof is an argument from qiyas or analogy. This is where an analogy is made between the menstruating woman and the sexually defiled person. Since it is not permissible, these people argue[28] for the sexually defiled person to recite the Quran, it must also not be permissible for the menstruating woman. However, in order for qiyas to be invoked, there must be a similarity between the original case (the sexually defiled person) and the parallel case (the menstruating woman). If it can be shown that they actually are not similar, in that the Law treats them differently then the analogy is not valid. In this particular example, many differences can he mentioned concerning the treatment by the Law of the sexually defiled person and the menstruating woman. The sexually defiled person may purify himself at any time through the use of water or soil. This opportunity is not available to the menstruating woman who must wait for her menses to finish. The menstruating woman has been ordered to attend the Eid Prayers while the sexually defiled person may not do so. The menstruating woman may also perform most of the rites of the Pilgrimage while the sexually defiled person is not allowed to perform those rites. The sexually defiled person may fast while the menstruating woman may not do so. Hence, this analogy cannot be considered a valid analogy because there is truly a difference between the menstruating woman and the sexually defiled person in the eyes of the Law. Analysis of the Second Opinion: It is Permissible for the Menstruating/Post-Partum Women to Recite the Quran: The Malikis, Dhahiris, Shafis (in one of their opinions) and Hanbalis (in one narration from Ahmad) state that it is permissible for the menstruating woman to recite the Quran. Ibn Taimiya mentions that this is the opinion of Abu Hanifah as well as the best known opinion of al-Shafi and Ahmad. (This also seems to be the opinion that ibn Taimiya himself supports.) One narration from Malik and Ahmad, ibn Taimiya mentions, states that it is permissible for the menstruating woman to recite the Quran but not the sexually defiled person [29]. This opinion of permissibility has also been narrated from ibn Abbas and Saeed ibn al-Musayyab [30]. Among later scholars, this was the opinion of al-Bukhari, al-Tabari, ibn al-Mundhir[31], ibn Qudama [32], and al-Shaukani [33]. Their proofs for this position are the following: The First Proof: Al-Bukhari and Muslim record the following from Umm Atiya, "We used to be ordered to come out on the Day of Eid and even bring out the virgin girls from their houses and menstruating women so that they would be behind the people and say the takbir with the people and invoke Allah along with them and hope for the blessings of that day and for purification from sins." In this particular hadith, it is demonstrated that the menstruating women would make takbir, a type of remembrance of Allah, and supplications with the masses on the Day of Eid. This kind of remembrance of Allah cannot be considered any different from reciting the Quran, also a kind of remembrance of Allah (dhikr), unless there is some explicit proof to show that they must be treated differently. The Second Proof: Al-Bukhari records the following from Aisha, "I was menstruating when I reached Makkah, so I neither performed the circumambulation of the Kaaba nor the going between mounts Safa and Marwa. I informed the Messenger of Allah (peace be upon him) about it and he said, 'Perform all the ceremonies of the Pilgrimage like the other pilgrims, but do not circumambulate the Kaabah until you become pure from your menses."' It is well-known that the pilgrims make remembrance of Allah (dhikr) and read the Quran while performing the pilgrimage. The Prophet (peace be upon him), it seems, did not object to Aisha doing any of those acts. In fact, he explicitly told her to perform all the acts that the pilgrims performed save the circumambulation of the Kaabah. This implies that it is permissible for the menstruating woman to do all of the other acts that are customary for the pilgrimage. The Third Proof: --------------- Women do not have the ability to remove the state of impurity from themselves like the sexually defiled person may do so by simply making ghusl. Furthermore, the length of time of the menstruation and postpartum bleeding may be quite long. This would require the women to spend a great deal of time without reciting anything from the Quran. This would lead her to forget what she has memorized of the Quran. Furthermore, the Quran is a guidance for her life and she needs to turn to it and ponder over it even during such times. Therefore, al-Mutairi writes: "If the Law prohibited [such] women from reciting the Quran, they would lose a great matter that they are in need of, and that is the matter of worship. She may also forget what she had memorized of the Quran. Islamic Law is based on bringing about beneficial matters and preventing harmful matters. What harm will come from a woman reciting the Quran while she has her menses or has postpartum bleeding and what harm will come to Islam due to that?² [34] Obviously, this argument is only valid if there is no clear text forbidding such an act. If there were a clear and authentic text forbidding menstruating women from reciting the Quran, the above argument would be rendered void. However, from the earlier discussion it can be seen that there is no clear, authentic proof of prohibition. Therefore, this argument has some validity to it. The Fourth Proof: There is no evidence that it is forbidden for the menstruating woman to recite the Quran. The burden of proof is upon those who say that such an act is forbidden. Otherwise, the original position or the position in the face of no evidence is one of permission. All of the evidences presented by those who say it is forbidden are seen as unsatisfactory and unacceptable. This fourth proof must be given even more weight when one considers the Companions' devotion to the Quran and how often they would recite it. This was an act that they all took part in frequently. Hence, if there is no record whatsoever of the Prophet (peace be upon him) prohibiting it for menstruating women, although there would have been a need for him to mention it, this is strong evidence that there is no prohibition of this matter. In this vein, Ibn Taimiya wrote: "The women used to menstruate during the time of the Messenger of Allah (peace be upon him). If reciting the Quran was forbidden for them, like the prayers, that would have been something that the Prophet (peace beupon him) would have clarified for his community. He would have taught that to the Mothers of the Believers. That would have been transmitted to the people. Since no one ever transmitted such a prohibition from the Prophet (peace be upon him), it is not acceptable to consider it forbidden with the knowledge the he did not forbid it. If he did not forbid it although many women menstruated dunng his time, it becomes known that it is not forbidden." [35] Conclusion Concerning the Menstruating/Postpartum Woman Reciting the Quran: There is no clear and sound evidence that it is forbidden for the menstruating woman to recite the Quran, without actually touching the Quran. However, there is some evidence, although not completely direct or explicit, that can lead one to conclude that it is permissible for such women to read the Quran. However, once again, the burden of proof lies on those who say that it is forbidden. Since they offer no acceptable proofs on this question, the conclusion must be that it is permissible for menstruating women to recite the Quran.[36] Furthermore, since such women cannot free themselves from their impurity, it cannot even be argued that it is disapproved for them to recite the Quran. Their case is not the same as the person who simply needs to make ablution or ghusl to purify himself. If one can easily purify himself, it is considered disliked for them to recite the Quran, as was mentioned earlier. However, since this option is not available to these women, it cannot be considered disliked for them to recite the Quran or make dhikr while having their menses or postpartum bleeding. Allah knows best. Touching the Quran by the Ritually Impure: All of the above simply dealt with the question of reciting the Quran, however, without actually physically touching the Quran. The next important question concerns the permissibility of touching the Quran for those who have a minor impurity, for those who have a sexual impurity and for the menstruating/postpartum woman. However, due to the nature of the evidences involved in this question, the approach will differ from the previous approach. On this question, it is more important to discuss the exact meanings of different evidences used. The Quranic Verse: No One Shall Touch it Save the Purified: The most important evidence that is quoted in relation to the question of touching the Quran by the ritually impure is the following Quranic verse: "None can touch it save the pure" (al-Waqiah 79). The first step must be to determine the exact meaning of this verse and its relevancy to the question at hand. There are many different interpretations of this verse, however, the correct and dominant interpretation seems to be quite clear. First, this verse should be looked at in its proper context. The previous verses and next verse read, "This indeed is an honorable recital, in a Book well-guarded. Which none can touch save those who are pure. A revelation from the Lord of the Worlds" (al-Waqiah 77-80). Al-Tabari writes that the meaning of, "In a Book well-guarded," is a reference to a Book with Allah. He narrates that opinion from ibn Abbas, Mujahid, Jabir ibn Zaid and Abu Nuhaik. Then he records the early scholars' interpretation of "those who are pure". Ibn Abbas, Saeed ibn Jubair, Jabir ibn Zaid, Abu Nuhaik, Ikrima, Mujahid and Abu al-Aliya all stated that it is in reference to the angels and not to mankind. Some said that it is in reference to those who are free of sin, meaning the angels and the messengers. Finally, some stated that in Allah's presence only the pure touch it while among mankind all touch it. For example, Qatada explained this verse by saying, "That is in the Lord of the Worlds' presence. As for among you, the impure polytheist and the filthy hypocrite touch it." [37]. Note that al-Tabari did not record from any early scholar that the meaning of this verse is in reference to those who are free of major and minor impurities. Ibn Kathir also supports the interpretation of the pure as being the angels [38]. One of the most detailed discussions of this verse is by al-Qasimi, who also comes to the same conclusion [39]. Others try to argue that the reference is to the Quran. Literally, the verse in question states, "No one touches it save the pure." The word "it", according to the general principles, should refer to the closest preceding noun. In this case, it is from the verse before it, "a Book wellguarded (maknoon)." According to ibn al-Qayyim, maknoon means something that is hidden from view [40]. Hence, the reference in the verse is not to the copies of the Quran that people possess in their hands, but to the well-guarded book that is with Allah. Hence, there is actually no reference to the physical recorded copies of the Quran that humans possess. Furthermore, this verse in the Quran, "None shall touch it save the pure," is a statement of fact [41]. It is stating that no one can possibly or no one does actually touch that book save the pure. This is further evidence that it is not in reference to the physical copies of the Quran that humans possess. Some try to argue that this is a statement of fact that intends to be an order. That is, it means, "None should touch it save the pure." However, the Arabic expert Abu Hayyan rejects this arguments and shows that it is a very weak argument [42]. Finally, the word used in the verse is "muttah haroon" ("the pure"). This word implies that "purity" is a natural attribute of the creature being referred to. That is, it is not something that they acquire, like human beings who do acts like making ablution or (ghusl) to "purify themselves". If the reference were to creatures of that nature, the word used would have, most likely, been "mutta tah haroon" [43]. In conclusion, this verse, that is often heard as a proof on the question of the sexually impure or menstruating woman touching the Quran, is completely irrelevant to the question at hand. It is speaking about something completely different and cannot be invoked here as a possible evidence [44]. The Hadith: No One Should Touch the Quran except the Pure: Al-Tabarani and others record from ibn Umar that the Prophet (peace be upon him) said, "No one but the pure (tahir) shall touch the Quran." Individually speaking, all of the chains of this hadith are defective. Ibn Hajr points out a number of such defects and then he does not make any clear conclusion about the hadith [45]. However, many modernday scholars have concluded that this hadith is authentic. For example, al-Albani, who offers the best discussion of this hadith, concludes that it is sahih [46]. The Word Tahir is Mushtarak. Unfortunately, the evidence from this hadith is not as clear as it might seem at first glance. This is because the word tahir is mushtarak (a homonym). It has been used in all of the following senses: [47] First, "tahir" may be in reference to a believer. This is understood from the verse of the Quran, "Verily, the polytheists are impure" (al-Tauba 28). Similarly, the Prophet (peace be upon him) told Abu Huraira, "The believer does not become impure." (Recorded by al-Bukhari and Muslim.) Hence, the believer is always considered pure (tahir) and there has never been any reference to the possibility of him becoming impure in this sense of the word. Second, tahir may also be used as referring to the person who is free from "major impurities". This aspect may be found in the verse, "If you are in a state of sexual impurity, purify yourselves" (al-Maida 6). Third, the word tahir may also be used meaning "freedom from minor impurities. " Once when the Prophet (peace be upon him) was intending to wipe over his socks and someone was about to remove them for him, he stated, "Leave them for I put them on while they were in a state of purity." (Recorded by al-Bukhari and Muslim.) Finally, the word tahir can be used for someone not having any impure substances on his body. Al-Shaukani states that there is a consensus that such a thing may be called tahir. Hence, the hadith being discussed here is not that clear because one first has to determine the meaning of the word tahir or how to deal with mushtarak words. How to Deal with Mushtarak Words (Homonyms): Al-Mutairi, after presenting the different meanings for the word tahir discussed above, states that there is no prohbition or harm in understanding the homonym according to all of its meanings in the Arabic language [48]. If that approach is taken, this hadith becomes non-problematic. It can be understood to mean that no one but a believer who is free of both minor and major impurities should touch the Quran. In reality, al-Mutairi has presented only one view on this question. Among the legal theorists there are three opinions about how to apply or understand homonyms [49]. One opinion is the opinion expressed by al-Mutairi above, wherein the homonym may apply to all of its meanings. This opinion was held by al-Shafi, al-Baqillani, other Shafi scholars and some Mutazilah scholars. They do stipulate one condition: that the different possible meanings do not contradict one another. If that is the case, then only one may be taken as the proper meaning. However, these scholars believe that if there exists some evidence that point to only one of the homonym's meanings, then that one meaning must be accepted and the others discarded. A second opinion is held by the majority of the Hanafis, some Shafis (such as Imam al-Haramain) and some of the Mutazilah. This opinion is that the homonym must be understood to have one meaning and one meaning only in a particular text. If that meaning is not clear from the text, then the scholar must search for any evidence that will help him conclude which is the desired meaning of the word. Yet a third opinion is held by some Hanafis. They opine that if a homonym is used in negation, it may be in reference to all of its meanings. However, when it is used in affirmation, it must be understood only according to one of its meanings. This is not the proper place to delve into a lengthy discussion of these three opinions and the evidences for each opinion. However, the strongest opinion seems to be, Allah knows best, the second opinion wherein external evidence must be looked into to determine the desired meaning of a homonym in any particular text. In any case, with respect to the issue at hand, it is not acceptable, according to al-Shaukani, to imply all of the possible meanings of the word tahir because to do so would contradict the hadith of the Prophet, "The believer does not become impure." (Recorded by al-Bukhari and Muslim.) [50]. With respect to the discussion here, this conclusion implies that more evidence needs to be sought to determine the exact meaning of the word tahir in the above hadith of the Prophet (peace be upon him). In other words, what other evidence is there that will assist in determining which of the four possible meanings of tahir is actually meant? Related Evidences Supporting Prohibition: Al-Mutairi concludes that it is forbidden for the person with a major impurity to touch the Quran. The evidences he offers includes the verse quoted above from Surah al-Waqiah and the hadith stating that only the pure shall touch the Quran. As was noted earlier, the verse is definitely not relevant and the legal purport of the hadith is not clear. He also states that there was a consensus of the Companions that it is impermissible for the person with a sexual defilement to touch the Quran. However, this is a weak form of consensus. Al-Mutairi wrote: "It is confirmed from Ali, Saad ibn Abu Waqas, ibn Umar and Salman al-Farsi[ 51] that it is prohibited for the defiled person to touch the Quran. It is not known that there was any difference of opinion on this point during their time. Hence, there was a silent form of consensus (ijma' sakooti). And it is not obscure to you the difference of opinion among the scholars concerning the validity of this type of consensus."[52] Even though it is a "weak form of consensus," it still should be considered, especially if there are no stronger evidences opposing it. However, the following incident from Musannaf Abdul Razzaq implies that the Companion Salman al-Farsi had a different view. Alqama stated that Salman came to them after relieving himself. They said to Salman, "O Abu Abdullah, why don't you make ablution and read to us surah such and such." He answered, "Allah stated about the Preserved Book that none but the purify touch it. That is the Book that is in the heavens. Only the angels touch it." Then he read to them some of the Quran. (Note that in this narration the Companion Salman al-Farsi did not make any distinction between "touching" the Quran, which is mentioned in the verse he ... [Full Article...]
