Fath al-Rabbani

Benefits: … Further evidences related to this discussion are as follows: Sayyiduna Abu Dharr radi Allahu anhu says: The Messenger of Allah sallallahu alayhi wa sallam struck his hand on my thigh and said: What will be your state when you are among a people who delay the prayer from its appointed time… (Sahih Muslim: 648). It is narrated from Sayyiduna Abdullah bin Amr bin al-As radi Allahu anhu that the Noble Prophet sallallahu alayhi wa sallam said: ((مَا بَیْنَ السُّرَّۃِ وَالرُّکْبَۃِ عَوْرَۃٌ۔)) That is: Between the navel and the knee is ‘awrah (private part to be covered). (Abu Dawud, Musnad Ahmad, Irwa al-Ghalil: 247, 271)

Dear readers! From the ahadith included in the two chapters mentioned above, two different meanings arise: On one hand, the Prophet sallallahu alayhi wa sallam declares the thigh to be ‘awrah (private part to be covered), and on the other hand, the Prophet sallallahu alayhi wa sallam also uncovered his blessed thigh in front of people. In this discussion, we will use the word ‘awrah for the area to be covered. The position of the majority of scholars and jurists is that the thigh is ‘awrah, while Imam Ahmad, according to one narration, Imam Malik, and the Zahiri scholars are of the opinion that only the front (‘qubul’) and rear (‘dubur’) private parts of a man are ‘awrah. Imam Shawkani rahimahullah, supporting the majority, said: The correct view is that the thigh is ‘awrah; the various ahadith of this chapter serve as proof, and a general and comprehensive ruling of the Shari‘ah is also found regarding them. The incidents in which the Prophet sallallahu alayhi wa sallam is reported to have uncovered his thigh are specific and particular events; it is possible that these are specific to him, or that they are to be understood as referring to the original permissibility. Furthermore, it is a general principle that, for the Ummah, the statement (qawl) of the Prophet sallallahu alayhi wa sallam is given preference over his action (fi‘l). (Nayl al-Awtar: 2/74) However, the statement of Imam Shawkani is not sufficient for satisfaction in this matter, because without clear evidence, something cannot be declared as specific to the Prophet sallallahu alayhi wa sallam, and likewise, whether it is his statement or action, both are proof for the Muslim Ummah, because the Prophet sallallahu alayhi wa sallam is more deserving of acting upon his own statement. In this regard, the following hadith is also worthy of consideration. Abdullah bin Abbas radi Allahu anhu narrates that the Messenger of Allah sallallahu alayhi wa sallam said: ((نُھِیْتُ عَنِ التَّعَرِّیْ۔)) وَذَاکَ قَبْلَ أَنْ یَّنْزِلَ عَلَیْہِ النُّبُوَّۃُ۔ That is: I was forbidden from being naked. This was before prophethood was bestowed upon him. (Musnad Tayalisi: 2659, Sahihah: 2378)

It is thus understood that if the thigh were ‘awrah, the Prophet sallallahu alayhi wa sallam would not have allowed it to be uncovered. Imam Ibn Hazm rahimahullah said: The thigh is not ‘awrah; if it were, Allah would not have allowed the pure and infallible personality of the Messenger of Allah sallallahu alayhi wa sallam to uncover it during the period of prophethood and messengership. Rather, it should be said that Allah protected the ‘awrah of the Prophet sallallahu alayhi wa sallam from being uncovered even before prophethood and during his childhood. According to the narration of Sahih Bukhari and Sahih Muslim, Sayyiduna Jabir radi Allahu anhu says that the Messenger of Allah sallallahu alayhi wa sallam, while wearing an izar (waist-wrapper), was carrying stones during the construction of the Ka‘bah. His uncle, Sayyiduna Abbas radi Allahu anhu, said to him: Nephew! If you untie your izar and place it on your shoulder under the stones (it would be better). But as soon as the Prophet sallallahu alayhi wa sallam untied his izar and placed it on his shoulder, he fell unconscious. After this incident, the Prophet sallallahu alayhi wa sallam was never seen uncovered. Imam Ibn Hazm rahimahullah, considering the hadith of Sayyiduna Abu Dharr radi Allahu anhu, in which the Prophet sallallahu alayhi wa sallam struck his thigh, says: If the thigh were ‘awrah, the Messenger of Allah sallallahu alayhi wa sallam would not have touched Abu Dharr’s thigh with his blessed hand… And it is not permissible for any Muslim to strike with his hand, even over clothing, the front or rear private parts of any person, or the body of a non-mahram woman (so if the thigh were ‘awrah, it would not be touched).

Summary: It is generally understood, and there are several examples of this, that when the Noble Prophet sallallahu alayhi wa sallam prohibits something by his statement, but his action is contrary to it, then the requirement of the statement is considered recommended (mustahabb/mandub), and the action is considered to indicate permissibility (jawaz). In this way, both evidences are acted upon: that is, it is better to cover the thigh, as is evident from the command of the Prophet sallallahu alayhi wa sallam, but if this limb becomes uncovered, there is no harm, because there is evidence of this from the Prophet sallallahu alayhi wa sallam. From this reconciliation, it is established that the thigh is a lighter ‘awrah (‘awrah mukhaffafah), and the private parts are a severe ‘awrah (‘awrah mughallazah). This is the result established from the various evidences mentioned above, especially from the ahadith of Sayyiduna Abu Dharr and Sayyiduna Abdullah bin Abbas radi Allahu anhuma mentioned in the benefits. And Allah knows best. This ijtihad is also better and more appropriate, that, keeping in view the following two principles of the jurists and hadith scholars, caution should be exercised in this matter:

(1) … If there appears to be an apparent contradiction between prohibition and permissibility, then as a precaution, prohibition is given precedence, so that even the suspicion of disobeying the Prophet sallallahu alayhi wa sallam is eliminated. In this chapter, the prohibition is that the thigh should not be uncovered.

(2) … If there appears to be an apparent contradiction in the meanings of two ahadith, and one relates to the original state of permissibility (bara’ah asliyah), then, as a precaution, the other should be considered later and acted upon. In this chapter, not observing the covering of the thigh is the original state of permissibility (bara’ah asliyah). And Allah knows best what is correct.

In summary, the thigh is among the areas to be covered, but there is no harm if it becomes uncovered; nevertheless, it is precautionary to keep it covered, so that there is no risk of disobeying the Prophet sallallahu alayhi wa sallam. In our society, during some sports, the thighs of players are exposed; this should be avoided.