Is it permissible to perform Wudu' wiping over leather socks if the outer pair was worn before experiencing minor ritual impurity (hadath)?

Chapter on Wiping over the Khuffayn (Leather Socks)

Al-Mughni

Book of Purification

Book 2 · Issue 2 · Bab 11

Open in Qurani

Primary text

If the outer sock was worn before experiencing minor ritual impurity, wiping over it is permissible under all circumstances. This is the view of Hasan ibn Salih, Thawri, Awza'i, and the People of Opinion (Ahl al-Ra'y). This permission holds true whether the underlying sock is sound or has holes. The evidence supports this permissibility as the outer sock is a covering that allows for walking, similar to a single sock, and the ruling is the same as if the inner sock had holes. The necessity for wearing two layers is accepted, especially in cold climates where one sock is often insufficient.

Supporting text

Malik, in one of his narrations, and Shafi'i, in one of his opinions, prohibited this practice, arguing that the need for wearing an outer sock in such a scenario is generally absent, and therefore, a general concession, like that granted for a splint (jabirah), should not be attached to it.