Summary of Feqh - Section VII: Wiping Over Splints

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Section VII: Wiping Over Splints

Firstly: Ruling of wiping over the splint [187] Jabirah is a splint – a stick or some sort of solid material that is there to support a broken bone or injured limb. Jabr is the state of being put back together, mending. The plural of jabirah is jaba'ir. Its modern-day equivalent is orthopaedic casts. Jabirah has also been defined as what is placed on the body parts of purification due to some need. Malikis have a more general definition, describing jabirah as anything that is used to treat injury on the body, whether it is a stick, tape, or anything else. Some key differences between the jabirah – splint – and other wiped over objects: - The splint is not specific to any one particular body part, unlike the leather socks, turban, and veil. - Wiping over the splint is permissible for both major and minor hadath, unlike others where only for minor hadath they may be wiped over. - Wiping over the splint has no specific duration, where wiping over leather socks does. - Wiping over the splint does not necessitate initial purity, whereas wiping over leather socks does.

It is permissible to wipe over the splint during ablution, ritual washing, or dry ablution. This is by agreement of the four schools of jurisprudence.

Secondly: Conditions of wiping over the splint that washing the injured body part would harm it
The condition of wiping over the splint is that washing the injured body part with water or removing the splint would be a cause of harm. This is by agreement of the four schools of jurisprudence.

1- That wiping over the injured body part would harm it:

Whoever is unable to wipe over the injured body part may wipe over the splint instead. This is the position of the Hanafis, Malikis, and a narration from Ahmad. It is also the choice of Ibn Taymiyyah, Ibn al-Qayyim, and Ibn Baz.

2- That the splint is use appropriately for its need:
It is a condition that the splint is used in accordance to its need. [188] Ibn `Uthaymin said: “The splint is not wiped over except for need, which must be estimated according to its specified requirement. The need may exceed the inured body part in size, rather everything that is needed for the splint or tape to be fixed. For example, if a finger is broken but for it to be healed the whole palm must be wrapped up, then this is a [valid] need.” Majmu` al-Fatawa wa Rasa'il al-`Uthaymin (173/11). The Malikis, Shafi`is, and Hanbalis have explicitly mentioned this.

Thirdly: What is not a condition for wiping over a splint

It is not a condition that it is placed upon purity.
It is not a condition for a splint that its wearer places it initially when he is upon a state of purity. This is the position of the Hanafis, Malikis, a position among the Shafi`is, and a narration from Ahmad. It is also the choice of Ibn Qudamah, Ibn Taymiyyah, Ibn Baz, and Ibn `Uthaymin. It is not a condition that wiping over it is from minor hadath.
It is permissible to wipe over the splint from minor and major hadath, and this is by agreement of the four schools of jurisprudence. It is not a condition that there is a specified time limit, rather it is until cure.
There is no specified time limit for wiping over the splint. One continues to wipe over it until they are fully cured and there is no longer a need for it. This is by agreement of the four schools of jurisprudence.

Fourthly: How to wipe over the splint covering all of the splint
The entire splint must be included when wiping. This is the position of the majority: Malikis, the correct view among Shafi`is, Hanbalis, and a view among Hanafis.

- Number of wipes:

Wiping over the splint is only once, and this is by agreement of the four schools of jurisprudence.

Fifthly: If its removal nullifies ablution
Ablution is not nullified if the splint fell, whether if it is from the injury being cured or for any other reason. This is the choice of Ibn Hazm, Ibn Taymiyyah, Ibn Baz, and Ibn `Uthaymin.