Abu Dawud

Explanation:
For a nursing infant who has not yet learned to eat or drink anything (other than milk), sprinkling water over his urine is sufficient. However, this ruling applies only to male children. The urine of female infants must, in any case, be washed.

Hadith Authentication (Takhrij al-Hadith):
[164۔ البخاري فى : 4 كتاب الوضوء : 59 باب بول الصبيان 223، مسلم 287، حميدي 343، بغوي 294]

Linguistic Explanation:
«حِجْر»: Lap.
«فَنَضَحَهُ»: He sprinkled or splashed water on it.

Understanding of the Hadith:
It is understood from this that the urine of a nursing (breastfeeding) boy is not impure (najis); this is why the Prophet (sallallahu alayhi wa sallam) did not wash it. However, if it is a girl, then her urine is impure, even if she is only breastfeeding, as is evident from the Prophetic command that the urine of a nursing boy should be sprinkled with water, and the urine of a girl should be washed. [صحيح : صحيح أبوداود : كتاب الطهارة 364، أبو داود 378، ترمذي 610]

«والنجاسات هي غائط الإنسان وبوله إلا الذكر الرضيع»

"And the impurities are these: absolutely, the urine and feces of a human being. Except for the urine of a nursing infant (which is not impure)."

As the evidences are as follows:

➊ It is narrated from Abu al-Samh radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
«يُغْسَلُ مِنْ بَوْلِ الْجَارِيَةِ، وَيُرَشُّ مِنْ بَوْلِ الْغُلَامِ»
"The garment soiled by a girl's urine should be washed, and the garment soiled by a boy's urine should have water sprinkled over it." [أبو داود 376] 1

➋ In this meaning, there is also a marfu' narration from Ali radi Allahu anhu: «بول الغلام الرضيع ينضح و بون الجارية يغسله» [أبو داود 378] 2

➌ It is narrated from Umm Qais bint Mihsan radi Allahu anha that she brought her small child, who had not yet eaten food, to the Messenger of Allah sallallahu alayhi wa sallam. The child urinated on his garment, so he sallallahu alayhi wa sallam called for water and «وفنضحه ولم يغسله» sprinkled water over that garment and did not wash it. [بخاري 223] 3

➍ In the hadith narrated from Umm Fadl radi Allahu anha, it is mentioned that Hasan radi Allahu anhu urinated in the lap of the Prophet sallallahu alayhi wa sallam, so he sallallahu alayhi wa sallam did not wash it (rather, he sufficed with sprinkling water over it). [أبوداود 375] 4

➎ It is narrated from Aisha radi Allahu anha that a child was brought to the Messenger of Allah sallallahu alayhi wa sallam, and he urinated on him, so the Prophet sallallahu alayhi wa sallam called for water and poured it over the spot «ولم يغسله» "and did not wash it." [بخاري 222] 5

In this issue, the scholars have adopted three positions.

➊ (Ali radi Allahu anhu, Ahmad rahimahullah, Ishaq rahimahullah, Zuhri rahimahullah) Their position is in accordance with the apparent meaning of the hadith. From Umm Salamah radi Allahu anha, Imam Thawri, Imam Nakhai, Imam Dawud, Imam Ata, Imam Ibn Wahb, Imam Hasan, and Imam Malik rahimahumullah ajma'in, this same position is narrated in one report. [شرح زرقاني على مؤطا 129/1] 6

➋ (Awza'i rahimahullah) For both a boy and a girl, sprinkling water alone is sufficient. From Imam Malik rahimahullah and Imam Shafi'i rahimahullah, a similar report is also narrated. [المجموع 548/2] 7

➌ (Hanafis, Malikis) Washing is necessary for the urine of both (boy and girl). [الدر المختار 293/1] 8

(Preferred) The first position is the preferred one.
Those who hold the third position have argued from those hadiths in which, in general, the impurity of urine is mentioned. However, "it is obligatory to interpret the absolute in light of the restricted," and likewise, "it is obligatory to interpret the general in light of the specific." Furthermore, making an analogy between the girl's urine and the boy's urine is invalid, because it is contrary to the clear text, and the aforementioned explicit hadiths refute the last two positions. [فتح الباري 390/1] 9

(Ibn Hazm rahimahullah) is unique in his view that for any male (even if he is grown), it is sufficient to sprinkle water over his urine. (Whereas the hadith mentions only the nursing infant.) [نيل الأوطار 95/1] 10

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1 [صحيح : صحيح أبو داود 362، كتاب الطهارة : باب بول الصبي يصيب الثو ب، أبو داود 376، نسائي 158/1 ابن ماجة 566، ابن خزيمة 283، بيهقي 415/2، دارقطني 130/1، حاكم 166/1]

2 [صحيح : صحيح أبو داود 364، كتاب الطهارة : باب بول الصبي يصيب الثوب، أبو داود 378، ترمذي 610، ابن ماجة 020، أحمد 76/1، شرح معاني الآثار 92/1، دارقطني 129/1، حاكم 160/1، بيهقي 415/2، ابن خزيمة 284، ابن حبان 247]

3 [بخاري 223، كتاب الوضوء : باب بول الصبيان، مسلم 287، أحمد 355/6، أبوداود 374، ترمذي 71، نسائي 157/1 ابن ماجة 524، حميدي 343، ابن الجارود 139، ابوعوانة 202/1، ابن خزيمة 144/1، شرح معاني الآثار 92/1، بيهقي 414/2، شرح السنة 284/1]

4 [صحيح : صحيح أبوداود 361، كتاب الطهارة : باب بول الصبي يصيب الثو ب، أبوداود 375، ابن ماجة 522، شرح معاني الآثار 92/1، حاكم 166/1، بيهقي 414/2 ابن خزيمة 282، شرح السنة 385/1، طبراني كبير 5/3]

5 [مسلم 286، كتاب الطهارة : باب حكم بول الطفل الرضيع و كيفية غسله، بخاري 222، ابن ماجة 523، احمد 52/6]

6 [شرح زرقاني على مؤطا 129/1، الكافي 91/1، قوانين الأحكام الشرعية ص/ 47، مغني المحتاج 84/1، كشاف القناع 217/1، المهذب 49/1]

7 [المجموع 548/2، مغني المحتاج 84/1، شرح زرقاني على مؤطا 129/1]

8 [روضة الطالبين 141/1، شرح المهذب 409/2، بداية المجتهد 77/1، فتح القدير 140/1، الدر المختار 293/1]

9 [نيل الأوطار 96/1، تلخيص الحبير 37/1، فتح الباري 390/1، عون المعبود 33/2، فقو الأثر 62/1، الفقه الإسلامي وأدلته 311/1، سبل السلام 69/1]

10 [نيل الأوطار 95/1، الروضة الندية 76/1]
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Hadith Commentary:
➊
These ahadith discuss the ruling regarding the urine of children.
There is no doubt that whether it is the urine of a boy or a girl, both are impure. However, in view of circumstances and conditions, there is a concession regarding the urine of a boy.
If a boy urinates, it is sufficient to sprinkle water over it, whereas the urine of a girl must be washed.
As is explicitly mentioned in the following ahadith:
“Sprinkle water over the urine of a boy and wash the urine of a girl.”
(Sunan Abi Dawud, Book of Purification, Hadith: 377)
But the condition for the boy is that he should not be eating any food other than milk.
It is narrated from Lubabah bint al-Harith radi Allahu anha that the Messenger of Allah sallallahu alayhi wa sallam said:
“Wash the urine of a girl and sprinkle water over the urine of a boy.”
(Sunan Abi Dawud, Book of Purification, Hadith 375)
In the narration of Abu al-Samh, the wording is “sprinkle” regarding the urine of a boy.
(Sunan Abi Dawud, Book of Purification, Hadith: 376)
It should be noted that when the term “nadh” (sprinkling) is used in relation to clothing, it means to pour a little water, which is also called sprinkling.
➋
Why has there been a concession in the method of purification for the urine of a boy? The reason given is that, compared to girls, there is generally more affection and attachment towards boys. That is why, besides the parents, many other relatives and friends tend to carry the boy, whereas those who carry the girl are fewer in comparison. When there is greater likelihood of being tested in a matter, the Shari‘ah grants a concession in that regard.
Hafiz Ibn Hajar rahimahullah has considered this reasoning to be strong.
(Fath al-Bari: 1/427)
Some scholars have written that the temperament of boys is dominated by heat, which results in subtlety in their constitution. Due to this subtlety, merely pouring water is sufficient, as this will remove the traces of urine from the garment. However, the temperament of girls is dominated by coolness, which results in density, and thus the effects of density are also present in their urine, which are not removed merely by pouring water unless it is washed thoroughly.
Some scholars do not differentiate between the urine of boys and girls, rather they say that purification for both is by washing. However, a narration from Aisha radi Allahu anha is reported in these words: she poured water over the urine and did not wash it.
(Sahih Muslim, Book of Purification, Hadith: 662 (286))
And the wording of the narration of Umm Qays is that the Messenger of Allah sallallahu alayhi wa sallam did nothing except sprinkle water.
(Sahih Muslim, Book of Purification, Hadith: 665 (287))
In fact, in some narrations it is mentioned that he poured water over it only once.
(Sahih Muslim, Book of Purification, Hadith: 663 (286))
But the result of Islahi Sahib’s deliberation appears in these words:
“This statement that there is no difference between the urine of boys and girls has no basis.”
(Tadabbur Hadith: 1/305)
We have clarified that this concession is only for as long as the child does not eat anything other than milk, but listen to what Islahi Sahib says:
“This statement that the child was not yet eating food—who clarified this? Obviously, the Messenger of Allah sallallahu alayhi wa sallam did not say this. This was said by the child’s mother or Ibn Shihab inserted it and put his own juristic opinion into the narration.”
(Tadabbur Hadith: 1/315)
We would say: what is the need for such contentious argumentation here about who clarified the issue of not eating food? The real issue is established from the hadith, that for the urine of a suckling child, pouring or sprinkling water is sufficient.
On this point, Islahi Sahib’s “deliberation” is silent, whereas the real need is to clarify the nature of the issue, which is nowhere to be found in his “deliberation.”
From this, you can gauge that the purpose of this gentleman is not to explain and clarify the ahadith, but only to create doubts and suspicions in them, or to malign Imam Zuhri, and thus pave the way for the rejection of hadith.
May Allah guide them.

Hadith Commentary: Benefits and Issues: ➊
In these ahadith, only the urine of those infants is mentioned who do not eat food; the urine of girls and of those boys who eat food is not mentioned.

➋
From these ahadith, it is understood that the Prophet (sallallahu alayhi wa sallam) sprinkled water on the urine of an infant boy who did not eat food; he did not wash it thoroughly.
Therefore, when such a child urinates on any garment, sprinkling water over it is sufficient; there is no need to wash it as is done with general impurities.

Regarding infants, the positions of the imams are as follows:
1.
Whether it is an infant boy or girl, it is necessary to wash the urine of both—this is the view of Imam Abu Hanifah rahimahullah and the Malikis rahimahullah.

2.
Whether it is an infant boy or girl, sprinkling water on the urine of both is sufficient—this is the opinion of Imam Awza‘i rahimahullah, and it is also one narration from Imam Shafi‘i rahimahullah and Imam Malik rahimahullah.

3.
Sprinkling water on the urine of an infant boy is sufficient, but the urine of an infant girl must be washed—this is the well-known opinion of Imam Ahmad rahimahullah, Ishaq rahimahullah, and Imam Shafi‘i rahimahullah, and the Shafi‘is adopt this view. The aforementioned hadith supports this.

If the infant boy begins to eat bread, then by consensus, his urine must be washed.
(Sahih Muslim with Nawawi, vol. 1, p. 139)

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Nadha bi’l-ma’:
To sprinkle water,
to scatter water,
is what is meant.
Nadha al-bayta bi’l-ma’: He sprinkled water in the house.

1:
That is, his nourishment was only milk; he had not yet started eating food.

303. Commentary:
➊ A concession has been given regarding the purification of the urine of a small child who has not yet started eating food: water should be sprinkled over it. It is not necessary to wash and wring it thoroughly. However, this concession is only for a boy, not for a girl. Some jurists have not accepted this distinction; they hold that washing is required in both cases. But to reject an authentic hadith on the basis of opinion is contrary to Islamic teachings. The Shari‘ah has, in several other places, also maintained such distinctions. For example: a person who eats camel meat must perform ablution (wudu) for prayer, whereas eating the meat of other lawful animals does not require ablution for prayer if one is already in a state of ablution. See: [صحيح مسلم، الحيض، حديث : 360]
If a distinction has been made between a boy and a girl, it should be accepted wholeheartedly. Submitting to any ruling of the Shari‘ah is the way of the believers. One should not subject it to one’s own opinion or analogy, or to one’s own likes or dislikes; otherwise, the ruling of the Shari‘ah will remain, but the analogy will break. Shah Waliullah rahimahullah has explained the distinction between a boy and a girl as follows: people tend to carry boys more often. Obviously, more people will be affected by their urine, and the more common something is, the more leniency should be shown regarding it—unlike the case of a girl, who is carried less often, especially when she is very small.

➋ «فَنَضَحَهُ» “The Prophet sallallahu alayhi wa sallam sprinkled water over it.” Here, «نضح» refers to sprinkling and splashing water, not pouring or washing, as is supported by «وَلَمْ يَغْسِلْهُ» “and he did not wash it.” This is further confirmed by authentic hadiths which explicitly state: “The urine of a girl should be washed, and the urine of a boy should be sprinkled with water, as long as their only food is milk.” However, when a boy starts eating other foods along with milk, such as porridge, bread, yogurt, or rice, then his urine should also be washed. See: [سنن أبى داود، الطهارة، أحا ديث : 376- 379]

➌ One should show love and affection to children. Even if some inconvenience is caused by them, one should still treat them with gentleness and compassion.

➍ One should go to righteous people for supplication (du‘a). «والله أعلم»

Hadith Authentication:
[واخرجه البخاري 223، من حديث مالك به و رواه مسلم 287، من حديث ابن شهاب الزهري به]

Jurisprudential Points
➊ The hadith regarding merely sprinkling water over the urine of such children who have not yet started eating bread and the washing of the place of urine for a minor girl who has not yet started eating bread is mutawatir (mass-transmitted). See: [نظم المتناثر 37]
➋ The Noble Prophet sallallahu alayhi wa sallam used to show love, affection, and compassion even towards very small children. Allah Ta’ala sent him as a mercy to the worlds. Sallallahu alayhi wa sallam
➌ If a nursing infant urinates on clothes or the body, it is not necessary to wash the affected area; rather, merely sprinkling water over it is sufficient. See: [موطأ امام مالک: ح : 461]
➍ Sayyidah Aisha radi Allahu anha said regarding the part affected by the urine of a small child: “Water should be sprinkled over it.” [مصنف ابن ابي شيبه 119/1 ح1274، وسنده صحيح]
➎ The name of Umm Qais is Jazamah bint Wahb bin Muhsin. Radi Allahu anha
➏ There is consensus that the urine of every person who eats food is impure (najis). [التمهيد 109/9]
➐ Every analogy (qiyas) that is in opposition to the Book and the Sunnah is rejected.
➑ In a marfu’ hadith narrated from Sayyiduna Abu al-Samh radi Allahu anhu, it is mentioned that due to the urine of a girl, washing is done, and due to the urine of a boy, water is sprinkled. [سنن ابي داؤد 376 وسنده صحيح وصححه ابن خزيم : 283 والحاكم : 166/1، والذهبي] It is incorrect for Hafiz Ibn Abd al-Barr to declare this hadith weak.