Touching the Quran by the Ritually Impure:

[madeenahsh]

Touching the Quran by the Ritually Impure:



The Quranic Verse: No One Shall Touch it Save the Purified:





The most important evidence that is quoted in relation to the question of touching the Quran by the ritually impure is the following Quranic verse:



"None can touch it save the pure" (al-Waqiah 79).



First, this verse should be looked at in its proper context. The previous verses and next verse read,



"This indeed is an honorable recital, in a Book well-guarded. Which none can touch save those who are pure. A revelation from the Lord of the Worlds" (al-Waqiah 77-80).



Al-Tabari writes that the meaning of, "In a Book well-guarded," is a reference to a Book with Allah. He narrates that opinion from ibn Abbas, Mujahid, Jabir ibn Zaid and Abu Nuhaik. Then he records the early scholars' interpretation of "those who are pure". Ibn Abbas, Saeed ibn Jubair, Jabir ibn Zaid, Abu Nuhaik, Ikrima, Mujahid and Abu al-Aliya all stated that it is in reference to the angels and not to mankind. Some said that it is in reference to those who are free of sin, meaning the angels and the messengers. Finally, some stated that in Allah's presence only the pure touch it while among mankind all touch it. For example, Qatada explained this verse by saying, "That is in the Lord of the Worlds' presence. As for among you, the impure polytheist and the filthy hypocrite touch it." [37]. Note that al-Tabari did not record from any early scholar that the meaning of this verse is in reference to those who are free of major and minor impurities. Ibn Kathir also supports the interpretation of the pure as being the angels [38]. One of the most detailed discussions of this verse is by al-Qasimi, who also comes to the same conclusion [39].



Furthermore, this verse in the Quran, "None shall touch it save the pure," is a statement of fact [41]. It is stating that no one can possibly or no one does actually touch that book save the pure. This is further evidence that it is not in reference to the physical copies of the Quran that humans possess.



Finally, the word used in the verse is "muttah haroon" ("the pure"). This word implies that "purity" is a natural attribute of the creature being referred to. That is, it is not something that they acquire, like human beings who do acts like making ablution or (ghusl) to "purify themselves". If the reference were to creatures of that nature, the word used would have, most likely, been "mutta tah haroon" [43].



In conclusion, this verse, that is often heard as a proof on the question of the sexually impure or menstruating woman touching the Quran, is completely irrelevant to the question at hand. It is speaking about something completely different and cannot be invoked here as a possible evidence [44].





The Hadith: No One Should Touch the Quran except the Pure:



Al-Tabarani and others record from ibn Umar that the Prophet (peace be upon him) said,



"No one but the pure (tahir) shall touch the Quran."



Individually speaking, all of the chains of this hadith are defective. Ibn Hajr points out a number of such defects and then he does not make any clear conclusion about the hadith [45]. However, many modern day scholars have concluded that this hadith is authentic. For example, al-Albani, who offers the best discussion of this hadith, concludes that it is sahih [46].



The Word Tahir is Mushtarak.



Unfortunately, the evidence from this hadith is not as clear as it might seem at first glance. This is because the word tahir is mushtarak (a homonym). It has been used in all of the following senses: [47]



First, "tahir" may be in reference to a believer. This is understood from the verse of the Quran, "Verily, the polytheists are impure" (al-Tauba 28). Similarly, the Prophet (peace be upon him) told Abu Huraira, "The believer does not become impure." (Recorded by al-Bukhari and Muslim.) Hence, the believer is always considered pure (tahir) and there has never been any reference to the possibility of him becoming impure in this sense of the word.



Second, tahir may also be used as referring to the person who is free from "major impurities". This aspect may be found in the verse, "If you are in a state of impurity, purify yourselves" (al-Maida 6).



Third, the word tahir may also be used meaning "freedom from minor impurities. " Once when the Prophet (peace be upon him) was intending to wipe over his socks and someone was about to remove them for him, he stated, "Leave them for I put them on while they were in a state of purity." (Recorded by al-Bukhari and Muslim.)





Finally, the word tahir can be used for someone not having any impure substances on his body. Al-Shaukani states that there is a consensus that such a thing may be called tahir.



Hence, the hadith being discussed here is not that clear because one first has to determine the meaning of the word tahir or how to deal with mushtarak words.





How to Deal with Mushtarak Words (Homonyms):



Al-Mutairi, after presenting the different meanings for the word tahir discussed above, states that there is no prohibition or harm in understanding the homonym according to all of its meanings in the Arabic language [48]. If that approach is taken, this hadith becomes non-problematic. It can be understood to mean that no one but a believer who is free of both minor and major impurities should touch the Quran.



In reality, al-Mutairi has presented only one view on this question. Among the legal theorists there are three opinions about how to apply or understand homonyms [49]. One opinion is the opinion expressed by al-Mutairi above, wherein the homonym may apply to all of its meanings. This opinion was held by al-Shafi, al-Baqillani, other Shafi scholars and some Mutazilah scholars. They do stipulate one condition: that the different possible meanings do not contradict one another. If that is the case, then only one may be taken as the proper meaning. However, these scholars believe that if there exists some evidence that point to only one of the homonym's meanings, then that one meaning must be accepted and the others discarded.



A second opinion is held by the majority of the Hanafis, some Shafis (such as Imam al-Haramain) and some of the Mutazilah. This opinion is that the homonym must be understood to have one meaning and one meaning only in a particular text. If that meaning is not clear from the text, then the scholar must search for any evidence that will help him conclude which is the desired meaning of the word.



Yet a third opinion is held by some Hanafis. They opine that if a homonym is used in negation, it may be in reference to all of its meanings. However, when it is used in affirmation, it must be understood only according to one of its meanings.



This is not the proper place to delve into a lengthy discussion of these three opinions and the evidences for each opinion. However, the strongest opinion seems to be, Allah knows best, the second opinion wherein external evidence must be looked into to determine the desired meaning of a homonym in any particular text.



In any case, with respect to the issue at hand, it is not acceptable, according to al-Shaukani, to imply all of the possible meanings of the word tahir because to do so would contradict the hadith of the Prophet,



"The believer does not become impure." (Recorded by al-Bukhari and Muslim.) [50].



With respect to the discussion here, this conclusion implies that more evidence needs to be sought to determine the exact meaning of the word tahir in the above hadith of the Prophet (peace be upon him). In other words, what other evidence is there that will assist in determining which of the four possible meanings of tahir is actually meant?





Related Evidences Supporting Permission:



There are two hadith that may shed some light on the meaning of tahir in the Prophet's statement,



"No one but the pure (tahir) shall touch the Quran."



The first hadith concerns the status of the menstruating woman.



Muslim records from Aisha who said: The Prophet (peace be upon him) asked me to give him a mat from the mosque. I said, "I am menstruating." He answered, "Your menstruation is not in your hands." This hadith demonstrates that a woman's touch cannot be considered impure while she is on her menses.



Some might argue that the evidence from this particular hadith is not very strong when it comes to touching the Quran while on her menses. However, it is at least some evidence. That is, an attempt is being made to determine what is the meaning of the word tahir in the hadith above. There are four possibilities, as was demonstrated earlier. The possibility that has at least some evidence for it must be considered stronger than the possibility that has no evidence for it.



Furthermore, the Prophet (peace be upon him) told Abu Huraira,



"The believer does not become impure." (Recorded by al-Bukhari and Muslim.)



This is a clear text from the Prophet (peace be upon him) that the believer must be considered tahir under all circumstances. Muhammad ibn Ibrahim al-Wazir stated that it is not acceptable to call a believer "impure" even if he is not free from the "ritual impurities." This cannot be done literally, metaphorically or linguistically[56]. If the believer never becomes impure, the menstruating woman and the sexually defiled person are both tahir. Hence, the prohibition of the hadith:



"No one but the pure (tahir) shall touch the Quran" cannot possibly apply to them.



Also, the following circumstantial evidence should be considered in understanding the correct meaning of this hadith:



"No one but the pure (tahir) shall touch the Quran."



This was part of a letter that the Prophet (peace be upon him) wrote to one of his Companions who was in Yemen. At that time, there may have still been a number of people in Yemen who were not Muslims. Hence, the Prophet (peace be upon him) was implying that such non-Muslims should not touch the Quran. There is no record whatsoever of the Prophet (peace be upon him) making the same or similar statement to the Muslim inhabitants of Madinah[57].



The following hadith may also shed some light on the possible meaning of tahir in "No one but the pure (tahir) shall touch the Quran":

"The Prophet (peace be upon him) forbade taking the Quran into the lands of the enemy." (Recorded by al-Bukhari and Muslim.)



This hadith is understood as keeping the disbelievers away from the Quran. Hence, it implies that the one who should not touch the Quran is the disbeliever. These are the people who are not tahir, as is explicitly stated in the Quranic verse,



"Verily, the polytheists are impure" (al-Tauba 28).[58]





Scholarly Opinion on This Question:



Historically speaking, the vast majority of the scholars considered it prohibited for a menstruating or sexually defiled person to touch the Quran. In fact, most of them also argued that one must be free of both minor and major impurities in order to touch the Quran. This opinion has been na from many of the early scholars. This opinion has been upheld by Malik, al-Shafi and the Hanafi scholars. It is the conclusion of, for example, ibn Qudama and ibn Taimiya[59]. Upon closer inspection, however, one will note that many of these earlier scholars were content with quoting the verse from Surah al-Waqiah and the hadith, "No one but the pure shall touch the Quran," as their evidence without a detailed discussion of the meaning of that hadith.



Among the modern-day scholars, al-Mutairi also comes to this conclusion based, he says, "on the strength of its evidence."[60] Malik made an exception for women who are teachers or students. He said that they may touch the Quran under any circumstances if they have need to do so.[61]



These scholars also argue that menstruating women may touch the Quran indirectly. That is, they may use a stick to turn the pages and so forth. Jasim al-Yaseen came to the conclusion that a menstruating woman may recite the Quran but she may not touch the Quran directly but she may read from the Quran and have someone turn the pages for her or she may touch it while wearing gloves[62]. Although this is a very common and popular opinion, in this author's opinion, it seems quite strange.



According to al-Shaukani, ibn Abbas, al-Shabi, al-Dhuhak, Zaid ibn Ali and others were of the opinion that it is permissible for the person with a minor defilement to touch the Quran[63].



Al-Shaukani himself states that there is no acceptable evidence proving that it is forbidden for the menstruating woman to touch the Quran and, hence, it must be considered permissible[64].This was the clear opinion of Dawud and ibn Hazm before him. Al-Albani also comes to this conclusion[65]. Al-Albani's student, Muhammad Shaqra, is very forceful in his conclusion that such is permissible[66]. Al-Adawi concluded, "In conclusion, I have not come across any authentic, clear evidence prohibiting the menstruating woman from touching the Quran. Allah knows best."[67].



Conclusions Concerning Touching the Quran by the Ritually Impure:



It seems, Allah knows best, that there is no evidence prohibiting the menstruating woman or the sexually defiled person from touching the Quran. The Quranic verse that is often cited in this regard is completely irrelevant to this particular question. The hadith that is quoted is sound but its implication is not clear. Only when seen in the light of many other evidences can one come to a conclusion concerning the meaning of the hadith. Herein, it was concluded that it means that, in general, only a believer is allowed to touch the Quran.



General Conclusions:



It must be emphasized that what was discussed in the preceding pages is only concerned with the recitation or the touching of the Quran by the ritually impure. It is not concerned with the "best manners" of dealing with the Quran. In order to benefit the most from the Quran, one should purify himself both internally and externally.



Furthermore, the conclusions that were reached here are meant in no way to be demeaning to the Quran. However, the height of honoring the Quran and the Prophet Muhammad (peace be upon him) is by believing in them completely and submitting to them earnestly and willingly. This is done by strictly following what they prescribe and not going beyond the limits of what they suggest. This is true for the question of teaching or reading the Quran while in a state of "ritual impurity".



As for the sexually defiled person, it is not forbidden for him to recite or touch the Quran. However, it must be considered disapproved or makruh. This is based on the hadith presented earlier in which the Prophet (peace be upon him) disliked to mention the name of Allah while in a state of ritual impurity. If that is true simply concerning the mention of Allah's name, it must be even more so true for reciting the Word of Allah. It is very simple for the sexually defiled person to "purify" himself. Hence, this restriction of disapproval is in no way a hardship. To show respect to the Quran, such a person should make ghusl first before touching the Quran.



However, the situation of menstruating women and women with postpartum bleeding is completely different. First, they cannot on their own and at any time they wish remove their state of "ritual impurity." Second, the time length of these two states can be quite long. It would be a hardship upon such women, in the face of no evidence, to ask them to remain away from the source of guidance, the Quran, for such a long time. Hence, due to lack of any evidence to the contrary, they should feel free to recite, touch and study the Quran even while on their menses or while having postpartum bleeding.



Allah knows best.



[37] Muhammad ibn Jarir al-Tabari, Jami al-Bayan an Taweel Ayi al-Quran (Beirut: Dar al-Fikr, 1988), vol. 13, part 25, pp. 205-206.

[38] Ismail ibn Kathir, Tafsir al-Quran al-Adheem (Riyadh: Maktaba Dar al-Salaam, 1992), vol. 4, pp. 314-315.

[39] Jamaal al-Din al-Qasimi, Mahasin al-Taweel (Dar Ihya al-Kutub al-Arabi), vol. 16, pp. 5659-5664.

[40] Shams al-Din ibn al-Qayyim, Madarij al-Salikeen, (Beirut: Dar al-Kitab al-Arabi, 1972), vol. 2, p. 321. In all, ibn al-Qayyim gives a total of seven strong arguments that prove that the "pure" in the verse could not be in reference to humans but is, in fact, a reference to angels.

[41] The reading of ibn Masud emphasizes this point further. He read it as, ³ma yamassahu². Muhammad Shaqra argues that since "pure" and ³impure² people touch the Quran, this verse could not refer to humans. (Shaqra, p. 5.) However, . this in itself is not a valid argument. There is the concept of iqtidha al-nass or "the required meaning of a text@' wherein there exists proof to show that the literal meaning is not what is meant by the text.

[42] Muhammad ibn Yusuf Abu Hayyan, Al-Bahr al-Muhit f al-Tafsir (Makkah: al-Maktabah al-Tijarriyah, n.d.), vol. 10, pp. 92-93.

[43] Shaqra (p. 5) states that such a reading does not even exist in the shadh ("irregular, rejected") readings of the Quran. However, that does not seem to be correct as Abu Hayyan (vol. 10, p. 93) makes a reference to such readings.

[44] Some might cite the story of the conversion of Umar to Islam. He wanted to read the parchment containing the Quran that his sister had but she refused, telling him, "You are impure and none touch it save the pure." However, this story has a weak chain, as ibn Hajr pointed out [ibn Hajr, Talkhis, vol. I, p. 132].

[45] Ibn Hajr, Tallshis, vol. 1, pp. 131-132.

[46] See al-Albani, Irwa, vol. 1, pp. 158-161; al-Arna'ut in al-Baghawi, vol. 2, pp. 47-48; al-Mutairi, pp. 80-85, 90-91.

[47] See al-Shaukani, Nail, vol. 1, pp. 259-260.

[48] Al-Mutairi, p. 77. Directly after writing the above, he quotes the legal theorist al-} Lmidi. However, his quote from al-Amidi has nothing to do with what he was trying to establish. Al-Amidi's statement was simply concerning the possibility of the existence of homonyms, which some scholars deny.

[49] For more about homonyms, see Muhammad Adeeb Saleh, TaXsir al-Nusus fi Fiqh al-lslami (Beirut: al-Maktab al-lslami, n.d.), vol. 2, pp. 133-156.

[50] Al-Shaukani, vol. 1, p. 260.

[51] There exists a narration from Salman that gives the opposite conclusion.

[52] Al-Mutairi, pp. 85-86. His reference for the consensus was al-Nawawi in al-MaMmu and ibn-Taimiya in MaMmu Fatawa ibn Taimiya. Ibn Qudama (vol. I, pp. 168-169), who also believes that it is forbidden to touch the Quran save in a state of purity, offers no further proof than the verse and hadith cited above. He did not explicitly mention any consensus among the Companions although he did state that he knew of no difference of opinion on that matter except from Dawud al-Dhahiri.

[53] There is another narration of this incident in Sunan al-Baihaqi that gives a very different conclusion. In that narration, it states that Salman said when asked to read, "I shall not touch it. Verily, only the purified touch it. So we may read what we wish." Seee Habib al-Rahman al-A&ami's footnotes to Abu Bakr Abdul Rs77nq, al-Musanna{(Beirut: al-Maktab al-Islami, 1983), vol. 1, p. 341, ffi. 2. Allah knows best.

[54] To them, the mushaf is the Quran itself. If a book contains the Quran but mostly other material, such as a large commentary of the Quran or a translation with commentary, they do not consider that a mushaf and one may touch it without needing to be in a state of ritual purity.

[55] Ibn Hajr, Fath, vol. 1, p. 408.

[56] Quoted in al-Shaukani, vol. 1, p. 260.

[57] A narration of this hadith recorded by al-Hakim, al-Tabarani and al-Daraqutni states, "Do not touch the Quran except while you are in a sate of purity." If that narration were sound it would be a direct proof that tahir does not simply mean believer but it means a believer who is free from impurities. However, as al-Nawawi, ibn Kathir and ibn Hazm concluded, that version of this hadith is not sound. See Shaqra, p. 11.

[58] It becomes clear that disbelievers should not be allowed to touch the Quran unless there is some pressing need for them to do so, such as being necessary for the sake of propagating Islam.

[59] A1-Yaseen, p. 37.

[60] Al-Mutairi, p. 89. For the most part, al-Mutairi's work is a detailed discussion of various opinions.

However, with respect to the proofs that a menstruating woman may touch the Quran, he only presents the hadith of the letter to the Emperor of Rome and then he precedes to refute that as a proof.

[61] Al-YaSeen, pp.37-8.

[62] Al-Yaseen, p. 38. Al-Yaseen is not entirely convinced by this opinion but in order to remain away from the matter in which there is a difference of opinion, he comes to this conclusion.

63] Al-Shaukani, vol. 1, p. 261.

[64] Al-Shaukani, vol. 1, p. 261.

[65] Al-Albani, Irwa, vol. 3, p. 245.

[66] Shaqraspfusim.

[67] Al-Adawi, vol. 1, p. 188.

[Khayal]

:sl:

Very beneficial! jazaak ALLAH khayr.

:w: