Proof
of its legitimacy:
Wiping over the socks is part of the sunnah. An-Nawawi states,
"All those who qualify for ijma' (consensus) agree that
it is allowed to wipe over the socks--during travelling
or at home, if needed or not--even a woman who stays at
home or a handicapped person who cannot walk can do so.
The Shi'ah and Khawarij reject it, but their rejection is
not valid. Says Ibn Hajr in Fath al-Bari, "All of the preservers
(of hadith) are of the opinion that wiping over the socks
has come through a continuous transmission. Some have collected
all of its narrations (from among the companions), and its
number exceeds eighty. This includes hadith from the ten
pepole who were promised Paradise." The strongest hadith
on this point has been related by Ahmad, al-Bukhari, Muslim,
Abu Dawud and at-Tirmidhi on the authority of Hammam anNakha'i
who said, "Jarir ibn 'Abdullah urinated, performed ablution
and wiped over his socks." It was said to him, "You do that
and you have urinated?" He said, "Yes, I saw the Messenger
of Allah, upon whom be peace, urinate and then do likewise."
Said Ibrahim, "They were amazed at that hadith, because
Jarir had embraced Islam after surah al-Ma'idah was revealed
(10 AH). One of its verses calls for washing one's feet.
This hadith helps us understand the verse by confining it
to one who is not wearing socks. This constitutes a particular
case, and the person who wears socks can just wipe over
them.
Wiping
over slippers:
It is allowed to wipe over slippers, as this has been related
from many companions. Says Abu Dawud, "Wiping over sandals
(has been done by) 'Ali ibn Abu Talib, Ibn Mas'ud, al-Barra'
ibn 'Aazib, Anas ibn Malik, Abu Umamah, Sahl ibn Sa'd and
'Amr ibn Hareeth. It has also been related from 'Umar ibn
al-Khattab and Ibn 'Abbas." 'Ammar, Bilal ibn 'Abdullah
ibn Abu Aufi and Ibn 'Umar also have hadith on this subejct.
In Ibn alQayyim's Tahdhib as-Sunan, he relates from Ibn
al-Mundhir, "Ahmad made a statement about the permissibility
of wiping over slippers because of his fairness and justice.
Nevertheless, the basis of this permissibility is the practice
of the companions and a manifest analogy. There is no real
difference between socks and slippers. It is correct that
they take the same ruling. Most scholars say that one can
wipe over either one." Those who permit it include Sufyan
al-Thauri, Ibn al-Mubarak, 'Ata, al-Hasan and Sa'eed ibn
alMusayyab. Commenting on this subject, Abu Yusuf and Muhammad
said, "It is allowed to wipe over them if they are thick
and completely hide what they cover." Abu Hanifah did not
approve of wiping over thick slippers, but he changed his
mind three or seven days before his death. He wiped over
his slippers during his illness and said to his visitors,
"I did what I used to tell people not to do." Al-Mughirah
ibn Shu'bah reported that the Messenger of Allah, upon whom
be peace, made ablution and wiped over his socks and slippers.
This is related by Ahmad, at-Tahawi, Ibn Majah and at-Tirmidhi,
who called it hassan sahih. Abu Dawud graded it weak.2
As
it is permissible to wipe over socks so is it permissible
to wipe over any foot covering, which has been used to avoid
the cold or protect the wound, and so on. Of its permissibility,
Ibn Taimiyyah says, "It is all right to wipe over foot covering
because it takes precedence over wiping socks or slippers,
for usually a foot covering is used for some need and to
protect the feet from some harm. If wiping over the socks
and slippers is allowed, then wiping over any foot covering
should come first. Whoever claims that there is a consensus
on the inadmissibility of wiping over foot coverings does
so with a lack of knowledge. Not to speak of a consensus,
he cannot prove its forbiddance even from the works of ten
famous scholars." He goes on to say, "Whoever ponders over
the words of the Messenger of Allah, upon whom be peace,
and gives analogy its proper place, will know that the license
from him was spacious on this subject and in accord with
the beauty of Islamic law and the monotheistic magnanimity
with which the Prophet had been sent." Even if there are
some holes or cuts in the socks, it is permissible to wipe
over them, as long as the person has only such socks to
wear. Says al-Thauri, "The slippers of the emigrants and
helpers were not free of cuts or holes, like the slippers
of the people (in general). If this were a matter of concern,
it would have been mentioned and related by them."
Conditions
for wiping over the socks:
One must have put his socks (or whatever covering he is
using) while in a state of purity. Said al-Mughirah ibn
Shu'bah, "I was with the Messenger of Allah, upon whom be
peace, one night during an expedition. I poured water for
him to make ablution. He washed his face and arms and wiped
his head. Then I went to remove his socks and he said, 'Leave
them on, as I put them on while I was in a state of purity,'
and he just wiped over them." (Related by Ahmad, al-Bukhari
and Muslim). Al-Humaidi related in his Musnad that al-Mughirah
reported, "We said, 'O Messenger of Allah, may we wipe over
our socks?' He said, 'Yes, if you put them on while you
were in a state of purity." The stipulations by the jurists
that the socks must completely cover the foot to the ankle,
and that one must be able to walk (a distance) in them alone,
has been shown by Ibn Taimiyyah in his al-Fatawa to be weak.
The
place to be wiped on a sock:
Islamic law prescribes that the top of the sock is to be
wiped. Said al-Mughirah, "I saw the Messenger of Allah,
upon whom be peace, wipe over the top of his socks." (Related
by Ahmad, Abu Dawud and at-Tirmidhi, who called it hassan.)
'Ali observed, "If the religion was based on opinion, the
bottom of the sock would take preference in being wiped
to the top of the sock." (Related by Abu Dawud and ad-Daraqutni
with a hassan or sahih chain.) What is obligatory in the
wiping is what is meant by the lexicographical meaning of
the word "wipe." There are no specifications authentically
mentioned with respect to the wiping.
The
duration of the wiping:
For the resident, this period is one day and night. For
the traveller, it is three days and nights. Said Safwan
ibn 'Assal, "We were ordered (by the Prophet) to wipe over
the socks if we were in a state of purity when we put them
on, for three days if we were travellers, and for one day
and night if we were residents. We did not remove them unless
we were in post-sex impurity." (Related by ash-Shaf~i, Ahmad,
Ibn Khuzaimah, at-Tirmidhi, and an-Nasa'i, who graded it
sahih.)
Shuraih
ibn Hani said, "I asked 'Aishah about wiping over socks
and she answered, 'For the traveller, three days and three
nights; for the resident, one day and night." This hadith
is related by Ahmad, Muslim, at-Tirmidhi, an-Nasa'i and
Ibn Majah. Of its authenticity, al-Baihaqi says, "This is
the most authentic report on this topic." Some say that
the duration begins with the time of the wiping, while others
say it begins from the time of nullifying the ablution after
wearing the socks.
The
description of the wiping:
After the person completes his ablution and puts on his
socks or slippers, it is proper for him to wipe over them
later on when he wants to perform ablution. He is permitted
to do that for one day and night if he is resident, and
for three days and nights if he is a traveller. But if he
is in post-sex impurity, he must remove his socks, in accordance
with the preceding hadith of Safwan.
What
invalidates the wiping:
The following invalidates the wiping:
1. The end of the permissible time period for wiping.
2. Post-sex impurity.
3. Removal of the socks. If (i) or (iii) occurs while the
person was in a state of purity, he need only wash his feet.
