Surah An-Nisa (4): Verse 43

Issues Discussed in the Verse:

Two views are mentioned regarding the occasion of revelation:

1. First View: A group of noble Companions were invited to a meal by 'Abd al-Rahman ibn 'Awf while wine was still permissible. After eating and drinking, they were called to the Maghrib prayer. One of them led the prayer and recited: "Do you worship what you worship, and I do not worship what you worship..." (referring to the verses preceding this one, which were revealed later concerning wine prohibition). Following this incident, they refrained from drinking until after the 'Isha' prayer, ensuring they were sober by morning. Later, the absolute prohibition of wine was revealed in Surah Al-Ma'idah. 'Umar (RA) reportedly said upon hearing of this: "O Allah, wine harms the intellect and wealth," leading to the revelation of the definitive prohibition in Al-Ma'idah.
2. Second View (Ibn 'Abbas): It was revealed concerning a group of senior Companions who used to drink wine before its prohibition, then come to the Mosque to pray with the Prophet (PBUH). Allah then forbade them from this.

There are two opinions regarding the word As-Salat (الصلاة):

1. The Mosque: This is the view of Ibn 'Abbas, Ibn Mas'ud, Al-Hasan, and Imam Al-Shafi'i.
   • Evidence for this: (a) It is a case of omitting the Mudaaf (the possessed noun), meaning "Do not approach the place of prayer" (a common metaphorical usage). (b) The verse in Al-Hajj (22:40): "And were it not for Allah's repelling some people by others, there would have been demolished monasteries, churches, and places of prayer (ṣalawāt)." Thus, using Salat to mean the place of prayer is permissible.
2. The Prayer Itself: This is the view of the majority. The meaning is: Do not perform the prayer while intoxicated or in a state of Janabah (ritual impurity requiring Ghusl).

Significance of the Disagreement:

• If the Mosque is meant (View 1): The meaning is: Do not approach the Mosque while intoxicated or Janib (in Janabah), except for those passing through ('abirī sabīl). This implies that a Janib is permitted to pass through the Mosque (Al-Shafi'i's view).
• If the Prayer itself is meant (View 2): The meaning is: Do not perform the prayer while intoxicated, nor perform it while Janib, except for travelers ('abirī sabīl). This exception would then suggest that a Janib is permitted to perform the prayer (using Tayammum) if they are unable to find water.

Arguments favoring View 1 (Mosque):

1. The terms "approaching" (taqrabū) and "distance" are literally applicable to a physical place (the Mosque), not the abstract act of prayer.
2. If we adopt View 2, the exception ('abirī sabīl) becomes problematic. If a sick person unable to use water is permitted to pray via Tayammum (a ruling established later), this exception doesn't fully cover the necessary allowances, requiring additional implied conditions. View 1 allows the exception to stand clearly regarding passage.
3. If 'abirī sabīl is interpreted as a traveler who has water, he is forbidden from approaching the prayer/Mosque entirely. If he lacks water, he must use Tayammum. This requires implying conditions not explicitly stated in the verse. View 1 avoids this need for implication.
4. The rulings concerning sickness and lack of water (leading to Tayammum) are mentioned after this verse, suggesting this verse should not be burdened with those subsequent rulings. The pause recommended by reciters after "until you know what you are saying" supports that the following section ("And if you are sick...") is a separate ruling.

Rebuttal for View 2 (Prayer Itself):

The proponents of View 2 argue that the phrase "until you know what you are saying" indicates the meaning is the prayer itself, because a Mosque has no specific speech that intoxication prevents, whereas prayer involves specific recitations that intoxication hinders.

Response to the Rebuttal: The proponents of View 1 reply that people only go to the Mosque for the sake of prayer. Therefore, anything that invalidates the prayer acts as a barrier to approaching the Mosque, justifying the mention of the prohibition in relation to the place.

Sakārā is the plural of sakkrān. Linguistically, sakr means blocking a path (e.g., blocking a stream or confusing the sight, as in "Our sight has been intoxicated"). Intoxication from drink means the mind's path of reasoning is blocked when sober.

Two views exist on the meaning here:

1. Intoxication from Wine: The view of the majority of Companions and Successors.
2. Sleepiness/Drowsiness: The view of Al-Dahhak. He argues that the word sakr can refer to sleep, as sleep blocks the paths of the spirit (vapors fill the channels, blocking sight and hearing). He cites poetry supporting this usage.

Evidence for Sleepiness (Al-Dahhak's Argument):

1. The verse states the prohibition lasts "until you know what you are saying." It is intellectually and religiously impossible to hold someone accountable when they cannot comprehend their speech (as confirmed by the Hadith: "The pen is lifted from three... and the sleeper until he wakes"). A severely intoxicated person is like the insane or the sleeping.
2. The Prophet (PBUH) said: "If one of you feels drowsy while praying, he should sleep until the drowsiness leaves him, for if he prays while drowsy, he might seek forgiveness and end up cursing himself."

The Correct View (View 1 - Wine):

1. Sakr is literally used for intoxication from wine; other uses (sleep, anger, fear) are metaphorical and usually qualified. The Quran uses it for the stupor of death and the state of those who seem drunk but are not (referring to the Day of Judgment).
2. All commentators agree this verse was revealed concerning wine drinking. In Usul al-Fiqh, when a verse is revealed regarding a specific incident, that incident is intended by the verse.

Addressing Al-Dahhak's Points:

• If the prohibition applies to the sleeping person, it must also apply to the intoxicated person (as argued by Al-Dahhak). However, the true meaning is the prohibition of drinking that leads to the state of incomprehension during the time of prayer. The wording addresses the state, but the intent targets the preceding action (drinking).
• The Hadith cited by Al-Dahhak does not prove that the sakr in the verse refers to sleep.

Some argue this verse is abrogated by the verse in Al-Ma'idah (which prohibits wine absolutely).

Argument for Abrogation: This verse permits approaching prayer while intoxicated up to the point where one knows what one is saying. Since this implies permission under that condition, the subsequent absolute prohibition of wine in Al-Ma'idah abrogates this conditional permission.

Response: The essence of the prohibition here is against the drinking that causes intoxication during prayer time. Singling out a specific condition (knowing what one says) does not negate the ruling for all other states, unless by weak conjecture. Such conjecture does not constitute abrogation.

Al-Kashshaf mentions two readings for Sakārā:

1. Sakārā (with fatḥ on the Sīn): Plural form similar to halakā (perished) and ju'ā (hungry).
2. Sukārā (with ḍamm on the Sīn): A standard plural form.

The Exception: Wa lā junuban illā 'ābirī sabīl (Nor while in a state of Janabah, except for those passing through)

• Wa lā junuban is connected to wa antum sakārā (the waw here denotes state/circumstance). Meaning: Do not approach prayer while intoxicated OR while Janib.
• Janib applies equally to singular/plural, male/female, as it derives from the verbal noun (Ijnāb).
• As mentioned, Janabah originally means distance, and the person required to perform Ghusl is called Janib because they must avoid prayer, the Mosque, and Quran recitation until purified.
• The exception 'ābirī sabīl (those passing through) has two interpretations discussed previously: (1) Passing through the Mosque, or (2) Travelers.

Verses 44-45: Rulings on Tayammum

Verse 44: Have you not seen those who were given a portion of the Scripture? They purchase error and wish that you would stray from the way.

Allah mentions four categories here: the sick, the travelers, those who have relieved themselves (from the toilet), and those who have touched women.

• The first two categories (sick and traveler) necessitate Tayammum (dry ablution) due to necessity.
• The last two categories require purification by water if available, or Tayammum if water is unavailable.

Sickness falls into three categories:

1. Using water would cause death (e.g., severe smallpox or large open sores).
2. Using water would not cause death but would cause severe pain.
3. No fear of death or severe pain, but fear of permanent disfigurement (shain).

The jurists permit Tayammum in the first two cases. Al-Hasan Al-Basri and Ibn 'Abbas argued that Tayammum is only permitted if water is not found, citing the end of the verse: "...and you find no water." If this condition is absent, Tayammum is impermissible.

The Jurists' Counter-Evidence: The verse permits Tayammum for the sick when water is absent, but it does not explicitly forbid it when water is present. Furthermore, the Sunnah confirms its permissibility in severe cases. A narration states that a Companion with a severe wound was ordered to perform Ghusl, but he died after doing so. The Prophet (PBUH) heard this and said, "They killed him, may Allah kill them!"—indicating the permissibility of Tayammum in such cases.

The verse indicates that a traveler may perform Tayammum if water is unavailable, regardless of whether the journey is long or short.

"Or one of you has come from the place of relieving nature (al-ghā'iṭ)." Al-Ghā'iṭ literally means a low place in the earth where people would go to relieve themselves, hiding from view. The impurity (hadath) is named after the place.

Issue 1: Recitation

Hamzah and Al-Kisa'i recited "lamastum" (without alif), meaning simple touching. The rest recited "lāmashtum" (with alif), implying mutual touching (mulāmasah).

Issue 2: Meaning of Touching (Lams)

Two views:

1. *Sexual Intercourse (Jima'):* View of Ibn 'Abbas, Al-Hasan, Mujahid, Qatadah, and Abu Hanifa. They argue that mere touching with the hand does not invalidate wudu'.
2. Contact of the Skin: View of Ibn Mas'ud, Ibn 'Umar, Sha'bi, Nakh'i, and Al-Shafi'i.

Preference for View 2 (Skin Contact):

1. The reading lamastum (without alif) literally means touching with the hand. Restricting it to intercourse is metaphorical, and the literal meaning should be preferred.
2. The reading lāmashtum (with alif) implies mutual action, which is also not strictly limited to intercourse. To avoid contradiction between the two established readings, both must refer to the literal meaning (skin contact).

Arguments for View 1 (Intercourse):

1. The words lams and mass are used in the Quran to mean intercourse (e.g., Surah Al-Baqarah 2:37, Surah Al-Mujadilah 58:3).
2. Ibn 'Abbas said Allah is modest and uses euphemisms; thus, mulāmasah refers to intercourse.
3. Since the minor impurity is covered by "coming from the toilet," this verse must refer to the major impurity (Janabah) to avoid redundancy.

Rebuttal to View 1:

1. All arguments for View 1 involve deviating from the apparent meaning without strong evidence.
2. The ruling for Janabah (major impurity) is already mentioned in the preceding phrase: "or while in a state of Janabah." Applying this verse to Janabah would cause repetition.

Issue 3: Who is Affected?

The People of Ẓāhir (literalists) say only the one who touches (lāmis) invalidates their wudu', not the one touched (malmūs). Al-Shafi'i says both lose their wudu'.

Issue 1: Re-searching for Water

Al-Shafi'i holds that if the time for a second prayer begins, and the person performed Tayammum for the first prayer without finding water, they must search for water again before the second prayer. Abu Hanifa disagrees.

• Shafi'i's Proof: The verse says "if you find no water," implying the search must precede the finding (or lack thereof) for every prayer.

Counter-Argument: The word "find" (wajad) does not necessarily imply a prior search (e.g., "And He found you astray and guided you").

Response: While finding without seeking is possible for Allah, for the accountable person, being commanded to obey and then failing to find the means implies a prior seeking that was unsuccessful.

Issue 2: Insufficient Water

It is agreed that if water is found but needed for thirst (self or respected animal), Tayammum is permissible. If the water is insufficient for Wudu', Al-Shafi'i mandates combining the use of that small amount with Tayammum, based on the literal meaning of the verse.

Issue 1: Meaning of Tayammum and Ṣa'īd

• Linguistically: Tayammum means intending or aiming for something.
• Ṣa'īd: According to Al-Zajjaj, it means the surface of the earth, whether dust or rock.

Issue 2: Requirement of Dust vs. Rock

Abu Hanifa: Striking a clean rock surface without dust is sufficient, as Tayammum means aiming for the earth surface (ṣa'īd). Al-Shafi'i: Dust that adheres to the hand is necessary.

Shafi'i's Proofs:

1. This verse is general, but Surah Al-Ma'idah specifies: "...then wipe your faces and your hands with it (minhu)." The preposition min (from/of) implies part of the substance, which is not possible with bare rock.
2. Al-Wahidi noted that Allah required the ṣa'īd to be ṭayyib (pure/good). Good land is that which produces vegetation (citing Al-A'raf 7:58). Land that does not grow things is not ṭayyib. Therefore, the command implies using dust/soil. Furthermore, the Prophet (PBUH) specified dust: "The earth has been made for me a place of prostration and its dust a purifier," and "The dust is the purifier for the Muslim when he finds no water."

Issue 3: Extent of Wiping

Many commentators hold that wiping the face and hands extends to the elbows. Most jurists require wiping up to the elbows.

• Proof: The term yad (hand) linguistically covers the entire limb up to the armpit. Since consensus excludes the armpit, the remaining part (up to the elbow) remains included in the term.

The verse concludes: "Indeed, Allah is ever Forgiving, Merciful." This implies ease and concession, as the One accustomed to pardoning sinners is certainly more inclined to grant concessions to those who are genuinely unable.

Verse 45: And Allah is most knowing of your enemies, and sufficient is Allah as a Protector, and sufficient is Allah as a Helper.