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Excused Person and Wudu'

Question: If one is afflicted by chronic annulment of wudu' because of a problem, what should one do?
If one who is unable to retain wudu' because of a problem fulfills the conditions required for being classified as an excused (ma'dhur), one makes wudu' whenever one likes. With this wudu' one performs as many fard and voluntary salats as one likes and reads the Qur’an as much as one likes. When the prescribed time of a fard salat is over, one's wudu' becomes nullified automatically. Performing a fresh wudu' after the time for each fard salat arrives, one does every kind of acts of worship until the time is over. With the exception of Salat az-Zuhr, one is not allowed to perform any of the other four salats with a wudu' one has made before the beginning of that salat time. The reason why Salat az-Zuhr is excepted is that the beginning of the time for Salat az-Zuhr is not at the same time as the end of the time for a fard salat coming before it.

The continuous excuse of a ma'dhur does not break his or her wudu' unless it is nullified by some other reason other than his or her ongoing excuse. When the salat time is over, it will break due to the excuse, too. (Tahtawi)

In order for one to initially be considered as having an excuse, something breaking one's wudu' should be present continuously. If one who, within the duration of any fard salat, cannot keep one's wudu' even as long as to perform only the fard salat if one made wudu' at any time from the beginning till the end of the time of the salat, one is considered to be an excused person from the moment one notices one's excuse. For example, if one of the nullifiers of wudu' exists continuously, such as incontinence with urine, diarrhea, wind, or the like; the issuing of blood and pus from a wound; the oozing of blood or pus from the nipples, navel, nose, etc., that is, if from the beginning till the end of any prescribed salat time one cannot stop it as long as to make wudu' and perform only the fard salat, one becomes a person with an excuse.

If the time for a fard salat begins and one starts experiencing excuse for the first time after some time that is long enough to perform the fard salat has elapsed, one waits until just before the end of the time and, if it has not stopped, makes wudu' at the end of the time and performs the fard salat. After the prescribed time for it is over, if the excuse stops within the time for the subsequent salat, one must repeat the former salat. If it never stops from the beginning until the end of the time for the second salat, this means that one has become a person with an excuse and will not have to repeat the former salat.

The best way out for an excused person is to imitate the Maliki Madhhab because according to the Maliki Madhhab one's excuse does not nullify one's wudu', even if the time for a fard salat expires, unless it is nullified by some other nullifier other than the ongoing excuse. It is not a condition either that it should exit from one's body once at the time of each subsequent salat. If one's excuse occurs once a day or few days, one's excuse will not break one's wudu'. If one who experiences involuntary leakage of urine or involuntary passing of wind or chronic vaginal discharge before or during a salat imitates the Maliki Madhhab, such discharges will not nullify one's wudu'. (Al-Fiqh 'ala al-Madhahib al-Arba'ah)

Question: If a Hanafi person imitates the Maliki Madhhab because of chronic annulment of wudu' due to some problem, such as chronic vaginal discharge or involuntary loss of wind from one's anus, will one have to make a fresh wudu' at the time of each salat? Is it true to say, "One has to renew wudu' if one is at home"?
No, one will not. Making a fresh wudu' for each salat is a difficulty, even if one is at home. Indeed, one, when afflicted by such problems, imitates the Maliki Madhhab in order to spare oneself the difficulty of making a fresh wudu' at the time of each fard salat. One does not have to make a fresh wudu' for each fard salat when imitating the Maliki Madhhab. One imitates another madhhab when facing difficulty in doing an act of worship. Making wudu' again when it becomes nullified is a difficulty. It is written in the book Endless Bliss, "Those Shafi’is who cannot help touching women during their daily life, such as while walking, traveling on vehicles or shopping, ought to imitate the Hanafi or Maliki Madhhab." Therefore, it should not be said, "A person following the Shafi'i Madhhab must renew wudu' if he touches a woman while traveling or shopping," which is contrary to the statement written in that book. He whose wudu' breaks in this manner may renew wudu', but it is stated clearly in Endless Bliss that renewing it is a difficulty. It is not right to turn people away from the ruhas (pl. of rukhsa, which means a relaxation of a rule due to special circumstances, a concession) given by our religion. A hadith-i sharif says:
(He who does not make use of concessions has committed a sin as big as Mount Arafat.) [Tabarani]

Date of Update
25 Eylül 2022 Pazar
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