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Section III: Conditions of Wiping


Firstly: That it is Leather
It is not a condition for the material that is wiped over to be leather. This is the position of the majority: Hanafis, Shafi`is, Hanbalis, and the choice of Ibn Hazm.
Secondly: That They Stand by Themselves
Scholars have differed over whether or not the leather sock that is wiped over must be able to stand by itself according to two views:
The first: is that it is a condition. This is by agreement of the four schools of jurisprudence.
The second: is that it is not a condition. This is a position among the Shafi`is, the choice of Ibn Taymiyyah and Ibn `Uthaymin.
Thirdly: That They Cover What Must be Washed
Scholars have differed over whether or not the leather sock must cover the part of the foot that is wajib to wash, and this is according to two views:
The first: is that it must cover the part of the foot that is wajib to wash, and this is by agreement of the four schools of thought.
The second: is that it is not a condition, and this is the position of Ibn Hazm, Ibn Taymiyyah, and Ibn `Uthaymin.
- Wiping over ripped leather socks
Scholars have differed over the validity of wiping over ripped leather socks according to a number of views, the strongest of which are two:
The first: is that it is permissible to wipe over ripped leather socks as long as the rips are minimal. [178] Al-Tahawi said: “Those leather socks which are permissible to wipe over: if they are ripped until some or most of the feet show from them, then it is by consensus that they are not to be wiped over.” Sharh Ma`ani al-Athar (97/1) This is the position of the Hanafis, [179] Minimal rips for them account for anything that amounts to uncovering three toes. Malikis, [180] As long as all rips are less than a third of the sock. This is the proper position in the school. In another position within the school, the condition is the ability to walk continuously in them. and the choice of Ibn Baz.
The second: is that it is permissible to wipe over ripped leather socks unconditionally, as long one can walk in them. This is the position of the Zahiris, the old position of the Shafi`is, the position of some of the Salaf, the choice of Ibn al-Mundhir, Ibn Taymiyyah, al-Shinqiti, and Ibn `Uthaymin.
Fourthly: That They Do Not Allow Water to Penetrate Them
Scholars have differed over whether the leather sock must not allow water to penetrate them according to two views:
The first: is that they must not allow water to penetrate them. This is the position of the Hanafis, Shafi`is, and a position among the Hanbalis.
The second: is that it is not a condition for the leather socks to be waterproof. This is the position of the Hanbalis, a position among Shafi`is, as well as being the choice of Ibn Taymiyyah and Ibn `Uthaymin.
Fifthly: Their Permissibility
It is not a condition that the leather socks are permissible for the owner. Wiping over stolen or forcefully acquired ones is valid. This is the position of the majority: Hanafis, Malikis, the correct position among Shafi`is, and a narration from Ahmad.
Sixthly: That They are Pure
It is invalid to wipe over physically najis leather socks. This has been explicitly mentioned by the Shafi`is, Hanbalis, and some Maliki jurists.
Seventhly: That the One Wiping is Upon Purity from Water
One of the conditions of wiping is that the one wiping over his leather socks is upon purity acquired from water. It is invalid for a person who is pure from dry ablution (tayammum). This is by agreement of the four schools of jurisprudence. [181] Shafi`is have excepted from this dry ablution that is due to other than a lack of water, in which case wiping is valid, since such a person’s purity is not impacted by the presence of water.
Eighthly: Wearing the Leather Socks After Complete Purification
Scholars have differed over whether wearing leather socks after complete purification is a condition for wiping over them or not, and this is according to two views:
The first: is that it is a condition for wiping that the socks be worn after fully washing both feet. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.
The second: is that it is not a condition for purification to be completed prior to wearing them, such that if one foot is washed then the first sock is worn then the other washed and the second worn, it is permissible to then wipe over them. This is the position of the Hanafis, Zahiris, a narration from Ahmad, the position of a group from the Salaf, and the choice of Ibn Taymiyyah and Ibn al-Qayyim.
Ninthly: That Wiping is for Minor Purification
It is permissible to wipe over leather socks to remove minor hadath but not major. Consensus has been quoted regarding this by: Ibn Qudamah, al-Nawawi, and Ibn Hajar.
Tenthly: Rulings for Wearing Leather Socks over Each Other Wearing two pairs of leather socks after performing ablution
Whoever performs ablution then wears leather socks then another pair over them, then becomes in a state of hadath, then he may wipe over the upper ones only. [182] If he wipes the upper ones then removes them, then he may wipe over the lower ones if they have been both worn upon purity. Wearing one pair after ablution, becoming in a state of hadath, wiping over them, then wearing another pair
Scholars have differed over one who performed ablution, wore a pair of leather socks, became in a state of hadath, wiped over his socks, then wore another pair over them; and this is according to two views:
The first: is that it is haram to wipe over the upper pair. This is the position of the majority: Hanafis, Shafi`is, and Hanbalis.
The second: is that it is permissible to wipe over the upper pair. This is the position of the Malikis, the old position among Shafi`is, and the choice of Ibn Baz. Wearing one pair after ablution, becoming in a state of hadath, then wearing another pair without wiping over the first
Whoever wears one pair of leather socks, becomes in a state of hadath, then wears another pair without wiping over the first cannot wipe over the upper one. This is by agreement of the four schools of jurisprudence.


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