Exhaustive Notes on the General Divisions of Fiqh, Purity, and Material Rulings

The General Division of Jurisprudential Books into Four Quarters

The lecture commences with an explanation that any comprehensive book of jurisprudence (Fiqh) typically aggregates its contents into $4$ primary sections or quarters. The first is the Quarter of Worship ($Ibadat$), which is considered the most extensive section. It encompasses matters of ritual purity, prayer, zakat, fasting, and pilgrimage ($Hajj$). It also includes related topics such as the holy struggle ($Jihad$), vows, oaths, and competitions. The second is the Quarter of Marriage ($Nikah$), which details the legalities of marriage, divorce, khul', financial maintenance, child custody, breastfeeding, and specific forms of marital oaths like $Zihar$ and $Ila'$. The third is the Quarter of Sales ($Mu'amalat$), which covers compensatory exchanges, partnerships, and voluntary donations such as gifts and charity. It also details securities like guarantees ($Dhaman$), suretyships ($Kafala$), as well as leasing and lending. The fourth is the Quarter of Judiciary and Crimes ($Qaza' \text{ and } Jinayat$), focusing on the duties of a judge, testimonies, homicides and injuries requiring retribution ($Qisas$), and the penal codes comprising prescribed punishments ($Hudud$) and discretionary punishments ($Ta'zir$).

Regarding the sequencing of these sections, Maliki jurists prioritize the Quarter of Marriage over the Quarter of Sales. In contrast, other schools of jurisprudence typically present the Quarter of Sales before Marriage. Each school possesses a particular perspective on how to order human needs following the correction of one's worship. The Maliki perspective views the personal and family institution as a primary need following spiritual obligations, whereas others may view the necessity of commercial transactions as more immediate for sustaining life.

Detailed Breakdown of the Quarter of Worship

The Quarter of Worship is deemed the largest section because it directly addresses the daily needs of Muslims and the foundational pillars of Islam. It begins with the section on Purity ($Taharah$), which is a mandatory condition for the validity of prayer. Following this, the chapters on Prayer ($Salah$) are discussed, covering its conditions such as facing the direction of the $Qibla$, covering the private parts ($Awrah$), and the commencement of the prayers at their fixed times. It also includes the call to prayer ($Adhan$), the obligatory acts, the recommended traditions ($Sunnan$), and the meritorious acts. Additional details include the rules of prostration for forgetfulness ($Sahw$), congregational and Friday prayers, and the established supererogatory prayers such as those for the two Eids, solar eclipses ($Kusuf$), and the prayer for rain ($Istisqa'$).

The section on Zakat details the rulings regarding wealth, livestock, agriculture, minerals, and trade commodities. Fasting ($Siyam$) is explored through its conditions, pillars, and the things that break the fast, along with the rules for making up missed days and expiation ($Kaffarah$). The pilgrimage section covers both Hajj and Umrah, specifically their pillars, duties, animal sacrifices ($Hady$), and the penalties involving blood sacrifice for ritual violations. The Quarter of Worship concludes with various supplementary chapters including Jihad, the Eid sacrifice ($Adhiya$), the sacrifice for a newborn child ($Aqiqah$), oaths, vows, and competitions, grouped here because they represent acts of proximity to God.

Distinction Between Conditions and Obligations in Prayer

In the context of prayer, a distinction must be made between a condition ($Shart$) and an obligation or pillar ($Fard/Rukn$). A condition is defined as being external to the essence of the worship itself. Examples include ritual purity, facing the Qibla, covering the private parts, and the entry of the prayer time. An obligation or pillar, however, is situated within the very essence of the worship. Examples include the intention ($Niyyah$), the opening takbir ($Takbirat al-Ihram$), the recitation of the Fatiha, bowing ($Ruku'$), and prostration ($Sujud$).

From an epistemological and legal-theory perspective ($Usul$), a condition is defined as that which necessitates non-existence of the act if the condition itself is non-existent. However, the presence of the condition does not inherently necessitate the existence or non-existence of the act for its own sake. A classic example is the performance of ablution ($Wudu$) for the prayer; while its absence renders the prayer invalid, its mere presence does not force the occurrence of the prayer.

Categorization of the Conditions of Prayer

The conditions governing prayer are divided into several types. The first is the Condition of Obligation ($Wujub$), which is the criterion that makes an individual legally accountable ($Mukallaf$). The individual is not required to actively achieve or seek out this condition; for example, reaching the age of puberty is a condition that occurs naturally over time. The second is the Condition of Validity ($Sihah$), which is required for the worship to be legally recognized and for the individual to clear their religious liability. This includes ritual purity, covering the private parts, facing the Qibla, and being a Muslim.

There are also conditions that serve simultaneously as conditions of both obligation and validity. This includes the reaching of the message ($Bulugh al-Da'wa$); if someone has not been reached by the message of Islam, the prayer is neither obligatory for them nor valid if they try to perform it. Another such condition is the entry of the specific prayer time; before the time arrives, the prayer is not obligatory and would not be valid if performed. Sanity ($Aql$) is a requisite condition for both obligation and validity, and those who are unconscious or in a coma are treated similarly to those who have lost their sanity in this context. Furthermore, the ability to use purifying agents is a combined condition; the school of Imam Malik maintains that a person who can find neither water nor pure earth for dry ablution is neither required to pray nor required to make it up later. Other conditions include the absence of sleep or negligence, and for women, being free from menstruation ($Haydh$) and post-natal bleeding ($Nifas$).

Rules and Categories of Purity

Purity is linguistically defined as cleanliness. In technical legal terms, it refers to a legal attribute that permits a person to perform an act that was previously prohibited due to a state of ritual impurity. Purity is divided into two primary types. The first is the purity from ritual impurity ($Hadath$), which is subdivided into minor impurity requiring ablution and major impurity requiring a full ritual bath ($Ghusl$). These can be achieved through water or through the use of pure earth ($Tayammum$) when water is unavailable. The second type is the purity from physical filth ($Khabath$), which involves the removal of physical impurity from $3$ specific locations: the physical body, the garments (or anything carried by the person), and the place where the prayer occurs, specifically the area that the limbs touch directly during prostration.

Classifications and Rulings of Water

Water is established as the sole medium for removing ritual impurity. The specific attributes used to judge the state of water are its color, taste, and smell. Water is classified into $4$ distinct categories. The first is Purifying Water ($Tahur$), which remains in its original state and is what the term "water" applies to without any necessary qualifying restriction other than its location. This includes water changed by things it cannot usually be separated from, such as the place it resides, the path it flows through, or changes resulting from a long period of stagnation, or organisms that grow within it like algae. This water is used to remove both ritual impurity and physical filth and is used for daily habits.

The second category is Disliked Water ($Makruh$). This is technically purifying ($Tahur$) in its description, but its use is disliked when alternatives exist. This includes water that has already been used to remove a ritual impurity, a small volume of water that has had a small amount of filth fall into it without changing any of its three attributes, and water that a dog has licked. According to the well-known position in the Maliki school, a dog's saliva is considered pure. This category also includes water heated by the sun in a metallic container in a hot geographical region.

The third category is Pure Water ($Tahir$), which is water where one of its attributes has been altered by a pure substance such as rose water or blossom water. Its ruling is that it may be used for habit-based activities like cooking or drinking, but it cannot be used for ritual worship. Finally, there is Impure Water ($Najis$), which is water where one of its attributes has been changed by a physical filth. This water is prohibited for use in both daily habits and ritual worship.

Rulings on Living and Inanimate Entities

Regarding living creatures, the general rule is that every living animal is pure in its essence, including the dog and the pig. However, when an animal dies (without ritual slaughter), it becomes impure ($Najis$). The exceptions to this rule are human beings, sea creatures, and insects that do not have flowing blood. As for substances excreted or originating from animals, those considered pure include tears, saliva, mucus, sweat (whether from a living animal or one ritually slaughtered), bile, and the milk and eggs of animals that are permissible to eat, as well as human milk and eggs. \n\nImpure excretions include black bile, vomit that has undergone change in the stomach, prostatic fluid ($Madhy$), semen ($Mani$), discharge following urination ($Wady$), and the urine and feces of animals whose meat is forbidden or disliked to eat. Specifically, blood that has flowed out ($Masfuh$) is also considered impure. Inanimate objects are all considered pure by default, with the sole exception being liquid intoxicants. Regarding animal parts, any part severed from a living animal is considered "dead" and therefore impure, with the exception of wool, hair, down, and the fluff of feathers, provided they are sheared away from the body.

Regulations Regarding Gold, Silver, and Gemstones

The use of gold and silver utensils is strictly prohibited for both men and women, whether for eating, drinking, or even for decorative storage. This prohibition extends to utensils that are heavily plated ($Maghsha$) or clamped/soldered with these metals. However, utensils that are "watered" or thinly gilded ($Mumawwah$) such that the gilding has no physical substance upon being scraped are permitted. \n\nFor men's jewelry, gold and silver are generally forbidden except for a single silver ring, provided its weight is $2 \text{ dirhams}$ or less. It is permissible to bind teeth with gold or silver, to decorate a sword or a copy of the Quran with them, and for an individual whose nose has been severed to use a prosthetic made of these metals. For women, the use of gold and silver is permitted for personal adornment in clothing and jewelry. This permission excludes items that are not worn, such as kohl sticks or hair combs made of these metals. Finally, utensils made of precious gemstones such as emeralds and rubies are permitted for use by both men and women."