ANSWERED: Is this enough to be sinful mixing of the madhabs?

[Omar HH]

I follow Shafii madhab with regards to general things such as manners, wudu, salah, zakat, fasting, hajj, inheritance, transactions, marriage, divorce, family, etc.

I follow Hanafis with regard to adornment (regarding soap derived from animal fats being halal, and all the other adornment rulings).

From what I have learned from the Shafii school is that talfiq is prohibited, but mixing schools for different matters is lawful as long as its not to find the easiest position from each madhab.

I take the Hanafi position with regards to soap, because without it then I am praying all 5 prayers with najis on me (from my understanding) and it seems more reasonable to follow the Hanafi position.

So regarding the above, is that lawful?

What if I wanted to just take 1 other matter for sake of ease? Does that transgress the limit of taking positions for ease to make it sinful? For example, what if I wanted to take the Maliki position on Awrah (of it not including the knee for men) for ease while working out? Is that enough to transgress the limits, if I just had those 2 other madhab positions and did not make a habit out of it?

Jazakallah wa Khayrun.
And please, be detailed in your response.

[Saleel]

:salam:

Just a question, why can you not follow the Shafi'i rulings with respect to adornment?

:salam:

[Omar HH]

:salam:

Just a question, why can you not follow the Shafi'i rulings with respect to adornment?

:salam:

Well because the issue of soap from animal fats falls under the category of adornment according to Sunnipath.com

Therefore, just for that one ruling, I am following the Hanafis with regards to the entire adornment category so as not to delve into talfiq.

Jazakallah wa Khayrun

[Omar HH]

I found this from the Guiding Helper... this sort of goes along with the question. Is this view accurate?

Jazakallah wa Khayrun:

"> How does the Maliki School deal with the issue of
> talfiq (mixing madh-habs)? Can one take a legal
> ruling from another school

First of all you need to understand that talfiq is of four
types:

a) Mixing madhabs for separate acts that have no
direct link or dependency between them. For example,
fasting sawm like a Hanafi and praying salah like a Maliki.
b) Mixing madhabs for separate acts that are dependent
on one another. For example, doing wudu' like a Hanafi
(not wiping the entire head hair) and then praying like
a Maliki.
c) Mixing madhabs within the same act but in a way that the
final act is acceptable in at least one school. For example,
crossing hands in the prayer like a Hanafi but praying like
a Maliki otherwise (as leaving the hands dangling to the
side is just a non-essential fadilah)).
d) Mixing madhabs within the same act but in a way that the
final act is *not* acceptable in any school. For example,
following the Maliki ruling of Zakat not being wajib on
personal gold/silver jewelry but calculating one's Zakat owed like
a Hanafi who allows one to take into account advance Zakat money given
last year. Thus, this person will gain from not paying Zakat
on his personal gold/silver jewelry and also gain from
his advance Zakat credits from last year (the latter of which is
not allowed in the Maliki school).

The majority of the scholars (jumhur) are of the view that (a) is
permissible. There is difference of opinion about whether (b) and
(c) above is permissible. And there is almost total agreement that
(d) is not permissible.

We are narrating the opinion that (a), (b), and (c) are permissible
while (d) is not permissible.

However, it has been the experience of the masters of the Path
to Allah that such people who mix madhabs will rarely ever reach
the knowledge of Allah. It is usually only those who follow
one school in all of their lives that become accomplished spirituals.

References:
[UF: volume 2: page(s) 1142-1155: {mabhath 4, talfiq and using
dispensations}]

"And others have said - and they are a section of the Malikis
like al-Qarafi... that it is permissible for the common man
to search for and follow easier positions (rukhas) from other
madh-habs.

The reason for this is that there is no clear Divine text which
prohibits this. The person has a choice to follow what is easier
for him... This is also the way of the Prophet (May Allah bless
him and give him peace) and his actions and verbal statements
dictate the permissibility of this. The Prophet was not given
a choice between two matters, except he chose the easier one
[Tirmidhi, Bukhari]. He used to love to make things easy for
his ummah [Bukhari, `A'ishah]. He said that he had been sent
with a pure din which is tolerant (pardons easily) [Ahmad]. He
also said that this din is easy and no one tries it make it
hard except that it overcomes him [Bukhari, Nisa'i]...

Imam al-Qarafi's also said: It is permissible to follow
easier positions from other madh-habs as long as the resultant
act is not invalid in all of the schools chosen. For example,
following Imam Malik in wudu' not being broken by touching
a woman without sensual desire and also following Imam
Shafi`i in not needing to run one's hand over the washed part
(dalk)...

As for what other scholars have said (i.e. Ibn `Abd al-Barr)
that it is not permissible for the common man to follow
easier positions from other madh-habs and that this is agreed
upon by all major scholars(ijma'), it cannot be verified that
Ibn `Abd al-Barr actually said this and also it cannot be verified
that this is actually an ijma` position since Imam Ahmad ibn
Hanbal has two statements narrated from him on this matter...

`Izz ibn `Abd al-Salam said, "It is in the common man's right
that he be able to follow easier positions from the [four]
madh-habs. And whoever denies this is simply ignorant..."

[UF: volume 2: page(s) 1154-1155: {Talfiq, last section in chapter}]"

[Abu Usama]

I take the Hanafi position with regards to soap, because without it then I am praying all 5 prayers with najis on me (from my understanding) and it seems more reasonable to follow the Hanafi position.

.

Salam, why do you have to use that kind of soap?

The problem with your method is that your purity as you define it, is only acceptable to the hanafi madhab, therefore your ibadat which comes from that purity, must also be in line with the hanafi madhab, according to the stronger opinion.

The easiest thing is just to not use that kind of soap if it keeps you impure according to your own madhab.

Or actually what you could do is use the hanafi opinion on soap and then wash yourself completely again removing all the soap from yourself.
http://www.sunnipath.com/resources/Questions/qa00001743.aspx

[Omar HH]

The problem with your method is that your purity as you define it, is only acceptable to the hanafi madhab, therefore your ibadat which comes from that purity, must also be in line with the hanafi madhab, according to the stronger opinion.
http://www.sunnipath.com/resources/Questions/qa00001743.aspx

There is a position in the Shafii school from Imam Ibn Ziyad al-Shafii that one may mix between Salah and Wudu (i.e. Wudu as Hanafi, Salah as Shafii).

This is the weaker opinion, but its still valid. Am I correct in this? Also, bear in mind I am not mixing in every other issue, and in the vast majority I am currently following the Shafii school.

My doctor recommended Lever 2000 soap for my skin. It is true that I do not absolutely necessarily need it, but its good for my skin.

Are there any other positions within the Shafii school on soap derived from animal fats? Because, if there are I could just follow those instead of starting to mix madhabs.

Jazakallah wa Khayrun.

[Raeesa]

Hmmm... y not then follow the hanafi madhab for all the other acts?

[Hard2Hit]

Assalamu Alaikum



Hmmm... y not then follow the hanafi madhab for all the other acts?



InshaAllah this forum isn't for converting ppl to the dominant madhab.

Back to the topic: I think another instant where our bretheren from Maliki (i guess) madhab follow Hahafi ruling is the Hajj tawaaf. Like there is so much crowd that no matter how hard you try someone from opposite gender will touch you.

So according to Hanafi fiqh, just getting touched (not lustfully of course) by a non-mehram doesn't break your wudu, but according to Malikis it does.

Am i right?

[Abu Usama]

Salam,

it is the shafis who say that touching someone of the opposite geneder breaks the wudu, not the malikis.

[Hard2Hit]

Assalamu Alaikum



Salam,

it is the shafis who say that touching someone of the opposite geneder breaks the wudu, not the malikis.


JazakAllah for helping me with this one.


wasalamualaikum

[UmmIbrahimIsa]

Assalamu alaikum wr wb

Yes its the shafi's that say touching someone either in lust or not breaks the wudu... and the hanafi's can touch lust or not without breaking wudu.

It makes it a bit of a problem though if one spouse is shafi' and another is hanafi, or if one is maliki and the other is either shafi or hanafi or as someone mentioned to me whose parents were one and one, shafi and hanafi to equal her to a shafani or a hanafshafi.

My husband is a Shafi'i whereas I'm a Hanafi. There are many sheikhs that are Shafi'i but yet their wives are Hanafi. So whereas they'll be teaching Shafi'i fiqh to the students, their wives will be teaching hanafi' fiqh.

[Saleel]

InshaAllah this forum isn't for converting ppl to the dominant madhab.

Sister Raeesa didn't mean that. :insh: please try and be respectful in your replies.

:salam: