An-Nawāwī, may Allāh have mercy upon him said in the Majmū’:

Subsection pertaining to the maźhabs of the ‘Ulamā’ with regard to mukth (staying) of the junub in the masjid and his ‘ubūr (passing through) in it without mukth

Our maźhab is that mukth is harām for him in the masjid, sitting, standing, mutaraddid (going back and forth) and in any other condition he is in, regardless if he is in a state of wudhū’. ‘Ubūr without lubth (staying) is permissible whether or not he has a need.

Ibn al-Munźir transmitted similar to this from ‘Abd Allāh Bin Mas’ūd, Ibn ‘Abbās, Sa’īd Bin al-Musayyib, al-Hasan al-Baśrī, Sa’īd Bin Jubair, ‘Amr Bin Dīnar and Mālik. It is narrated from Sufyān ath-Thawrī, Abū Hanīfah and his aśhāb, as well as Ishāq bin Rāhwayh that it is not permissible to do so unless it is inevitable. In that case, he makes wudhū’ and then pass through. Ahmad said:

Mukth is harām. ‘Ubūr due to a need (hājah) is permissible. It is not permissible without hājah.

He said:

If one makes wudhū’, then mukth is permissible.

The jumhūr of the ‘ulamā’ is of the view that wudhū’ is  non-consequent to the one having junub in this regard. Al-Muzanī, Daūd and Ibnu al-Munźir said:

It is categorically permissible for the junub to be in the masjid (mutlaqan).

As narrated by Syeikh Abū Hāmid from Zaid Bin Aslam.

Hujjah of those who consider it categorically permissible

Those who considered mukth is permissible (mubāh) categorically, made hujjah with what is mentioned by Ibnu al-Munźir in the Asyrāf. He and others mentioned that the Prophet of Allāh, Salutations of Allāh and His Peace upon him, said:

الْمُسْلِمُ لَا يَنْجُسُ
The muslim does not become najis (impure).

as narrated by al-Bukhārī and Muslim from a narration of Abū Hurairah. And with what al-Muzanī made hujjah with in the Mukhtaśar. He and others made hujjah with the fact that the polytheists (musyrik) stayed (mukth) in the masjid, and thus the muslim in junub is awlā (more deserving). The best that this maźhab directed at is that the aśl (origin) is the absence of prohibition (‘adam at-tahrīm) and there is no dalīl (proof) which is śarīh śahīh (explicit and sound) from those who considered it harām.

Hujjah of the Aśhāb

Our aśhāb made hujjah with the saying of Allāh Most High

لَا تَقْرَبُوا الصَّلَاةَ وَأَنْتُمْ سُكَارَى حَتَّى تَعْلَمُوا مَا تَقُولُونَ وَلَا جُنُبًا إلَّا عَابِرِي سَبِيلٍ
Do not approach the śalah while you all are sukarā (intoxicated) until you know what you say, and not in a state of junub except those passing through (‘ubūr).

asy-Syāfi’ī said in the Umm

Some of the ‘ulamā’ said with regard to the verse: It means do not approach the places of prayer.

asy-Syāfi’ī said, or something similar to it:

This is because there is no ‘ubūr as-sabīl in śalah. Indeed, ‘ubūr as-śabil takes place in a space which is the masjid.

Al-Khattābī said:

And on the basis of the ta’wīl (interpretation) of asy-Syāfi’ī, Abū ‘Ubaidah Ma’mar Bin al-Muthannā made ta’wīl.

Al-Baihaqī said in Ma’rifah as-Sunan wa al-Āthar:

We narrated this tafsīr from Ibnu ‘Abbās

He said:

We narrated from Jābir who said: One of us passes through (marr) the masjid, going across (mujtāzan) in a state of junub.

And from Aflat Bin Khalīfah from Jasrah Bint Dajājah from Ā’isyah, may Allah have mercy upon her who said:

جَاءَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَبُيُوتُ أَصْحَابِهِ شَارِعَةٌ فِي الْمَسْجِدِ ، فَقَالَ وَجِّهُوا هَذِهِ الْبُيُوتَ عَنْ الْمَسْجِدِ فَإِنِّي لَا أُحِلُّ الْمَسْجِدَ لِحَائِضٍ وَلَا جُنُبٍ
The Messenger of Allāh, Salutations of Allāh and His peace upon him came and the houses of his companions have a door opening to a passage (Syāri’atun) in the masjid. He then said: Direct these houses to face away from the masjid for I do not allow the hāidh or the junub in the masjid.

Narrated by Abū Daud and others. Al-Baihaqī said:

This Hadīth is not strong (qawī).

He said:

al-Bukhārī said: “There is ‘ajāib attributed to Jasrah. (i.e unreliable narrations)”. Others have certainly contradicted her as a means of narration (sad al-abwāb).

al-Khattabī said:

This Hadīth is considered weak. (dha’īf)

They said:

Aflat is majhūl.

al-Hāfizh ‘abd al-Haqq said:

This Hadīth is not established (thābit).

I say: The rest of them contradicted them. Ahmad Bin Hanbal said:

I do not see any issues with Aflat.

Ad-Dāruqutnī said:

He is śālih Kūfī (from Kūfah).

Ahmad Bin ‘abd Allāh al-‘Ijlī said:

Jasrah is a tabi’īyah who is thiqah.

Abū Daūd had narrated this Hadīth and did not considered it weak. We had previously mentioned that his maźhab is that whatever he narrated but did not consider it weak or one could not find in other hadīths related to that (lighairihi), tadh’īf (consideration of weakness), then it is śālih according to him. However this Hadīth has been considered weak by those we mentioned earlier.

Al-Khattābī said:

The face of houses is its door.

He said:

The meaning of face the houses away from the masjid means: Turn the face away from the masjid.

Response to those who considered if categorically permissible

  1. Our aśhāb’s response to their hujjah with the Hadīth: The Muslim does not becomes najis, is that it is not necessary by absence of najis that one’s lubth in masjid becomes permissible.
  2. As for the qiyās on the basis of the musyrik, the response are from two angles: (1) The syarī’ah differentiates them both, thus the dalīl of prohibition for the junub still stands even though the Prophet’s, Salutations of Allāh and His Peace upon him, detainment of some musyriks in the masjid was established. When the syarī’ah differentiates, taswiyah (treating as equal) is not allowed. (2) The kāfir does not believe in the sanctity of the masjid. He is thus not imposed (having taklīf) by it, as opposed to a muslim. This is as how if the harbī damages anything upon the muslim, indemnification (dhamān) is not necessary for him because binds himself to the dhamān. This is different for the muslim and the źhimmī when either one of them damages.

Hujjah of those who considered both mukth and ‘ubūr is harām

Those who considered mukth and ‘ubūr harām made hujjah with the Hadīth:

‎ لَا أُحِلُّ الْمَسْجِدَ لِحَائِضٍ وَلَا جُنُبٍ
The masjid is not permissible for neither the hāid nor the junub.

And with the Hadīth of Sālim Bin Abū Hafśah from ‘Atiyyah Bin Sa’d al-‘Awfī the mufassir from Abū Sa’īd al-Khudrī who said: The Prophet of Allāh, Salutations of Allāh and His Peace upon him said to ‘Ālī Bin Abū Tālib, may Allah be pleased with him,

‎ يَا عَلِيُّ لَا يَحِلُّ لِأَحَدٍ أَنْ يُجْنِبَ فِي هَذَا الْمَسْجِدِ غَيْرِي وَغَيْرِك

Oh ‘Ālī, it is not permissible for anyone to have junub in this masjid other than me and you.

Narrated by at-Tirmiźī in his Jāmi’ with regard to the manāqīb (virtues) of ‘Ālī and he said:

Hadīth is hasan gharīb. We do not know of it except in this wajh (mode of transmission).

Abū Nu’aim Dhirār Bin Śurad:

It’s meaning is it is not permissible for anyone to istitrāq (seek a way) via the masjid in a state of junub other than me and you.

at-Tirmiźī said:

at-Bukhārī heard this Hadīth from me and he reckoned it to be gharīb (strange).

They further said: This is because the place does not allowed mukth in it, and therefore ‘ubūr. This is just like a territory taken by force (dār maghśūbah). It is also a qiyās on the basis of the hāidh and one with najis on the leg.

Hujjah of the aśhāb

Our aśhāb made hujjah with what asy-Syāfi’ī and others made hujjah with which is the saying of Allāh Most High

‎لَا تَقْرَبُوا الصَّلَاةَ وَأَنْتُمْ سُكَارَى حَتَّى تَعْلَمُوا مَا تَقُولُونَ وَلَا جُنُبًا إلَّا عَابِرِي سَبِيلٍ

Do not approach the śalah while you are sukārā (intoxicated) until you know what you say, and not for the junub except the ‘ābirī sabīl (to pass through).

We had previously mentioned the proof from this. The aśhāb of Abū Hanīfah said:

What is intended by the verse is the musāfir (traveller) when he enter into junūb while there is no water. It is permissible for him to perform tayammum and pray even if the janābah remains. This is because it is the haqīqah (proper sense) of that śalah.

The response is that what they mentioned is not peculiar to the musāfir. Rather it is permissible for the hādhir (resident). Thus, the verse does not support this interpretation. As for what we mentioned, it is the żāhir. The hadīth and sayings of the śahābah and their tafsīr had certainly came and it is thus awlā (given more precedence). They made hujjah with the Hadīth of Jābir:

‎كُنَّا نَمْشِي فِي الْمَسْجِدِ جُنُبًا لَا نَرَى بِهِ بَأْسًا
We were walking in the masjid in a state of junub. We do not see an issue with it.

Narrated by ad-Dārimī with a weak (dha’īf) chain. Further, this is because it is mukallaf (an imposition) to be safe from defilement of the masjid. His ‘ubūr is permissible just like the muhdith (in hadath).

Response to those who considered both ‘ubūr and mukth harām

  1. As for the response to their first Hadīth, it is that if it is śahīh then it is interpreted to mean mukth, gathering between the various dalīls.
  2. As for the second Hadīth, it is weak (dha’īf) because it revolves around Sālim Bin Abū Hafśah and ‘Atiyyah and both of them are dha’īf jiddan, shi’ite and indicted with regard to the narration of this Hadīth. The ‘ulamā’ have agreed upon the weakness (tadh’īf) of Sālim and his ghuluw (immoderation) in shi’ism. Some of what we mentioned in particular, would suffice with regard to refuting him. Al-Bukhārī, the Imām of this field considered this Hadīth gharīb (strange). Further, on the basis that if it is śahīh, then it’s meaning is not what Abū Nu’aim mentioned because it contradicted the apparent. Rather, what it meant is the permissibility of mukth in the masjid in janābah. Abū al-‘Abbās Bin al-Qāś had mentioned this with regard to one of the khaśāiś specialties of the Prophet, Salutations of Allāh and His Peace upon him.
  3. As for their qiyās on the basis of the dār al-maghśūbah, it ceased to be valid with the places of liquor (khumūr), musical instruments (malāhī) and narrow roads. (i.e. where mukth is disallowed but ‘ubūr is allowed)
  4. As for their qiyās on the basis of one whose legs have najis, then indeed his ‘ubūr is prohibited when the najis is flowing or susceptible to flowing. This prevents the guarding of the masjid from its defilement (talwīth) while the junub is different to this. The equivalent to the junub is one whose leg has a dried najis so ‘ubūr is permissible for him. By this their qiyās is responded for the hāidh as well provided we considered her ‘ubūr harām. Otherwise, then the more śahīh view is that her ‘ubūr is permissible if it is safe from talwīth (defilement).

Allāh knows best.

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