Wednesday, June 11, 2014

Vomiting of a Person, Urine & Excrement (Tamaam al-Minnah)

[pg. 9 paragraph: 3 – PDF doc pg: 34]

My (Shaykh al-Albaaniy's) comment: 

The author (Sayyid Saabiq) did not mention any daleel (proof) for this, except for his statement:
متفق على نجاسته  - There is agreement among the scholars…”, 
and yet this claim is untrue, as Ibn Hazm was not in agreement to this, as he stated clearly that the vomit/spew of a Muslim is not an impurity; see al-Muhalla: 1/183. This is also the Madzhab/opinion of Imam ash-Shawkanie in ad-Durar al-Bahiyyah and Siddieq Hasan Khan in the Sharh/Commentary of it: 1/18-20 as both of them did not mention, in the list of “impurities/Najaasaat” the human vomit at all, and it is the truth. 

Then, they mentioned that in its ruling, whether impure or otherwise, is a disputed matter among scholars and eventually they supported the opinion which states that it is not an impurity in their statements: 
“The original ruling is that it is pure, such that this ruling is not changed except with an authentic proof and nothing of relevant strength, seems to oppose it or to be given precedence over it.”   
- ash-Shawkanie also made a similar statement in as-Sayl al-Jarraar: 1/43.

The author himself (Sayyid Saabiq) used this original ruling as a basis in so many other fiqh matters/issues, for example, in justifying the purity of the urine of permissible animals, and the purity of intoxicants, as he will mention later and this is a very important basis/principle in Usul al-Fiqh and I cannot but wonder, why he neglected using it as a basis of justification in this context, whereby there is nothing in this issue, of specific clear related proof which opposes this original ruling?   

As for his (Sayyid Saabiq) statement:
 “و يعفى عن يسير القيء – But, a slight amount of vomit” 
by merely making a claim without any supportive evidence, when by right, he should have just used the basis/principle mentioned earlier to justify this and thus having no need to make such a claim.

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