Muwatta Malik (Qasim)

Takhrij al-Hadith: [واخرجه البخاري 1840، و مسلم 1205، من حديث مالك به]
Jurisprudential Points:
➊ Bathing while naked in front of people is prohibited and unlawful, and if one is not naked, then it is permissible.
➋ If there is a difference of opinion among the Companions, then one should refer to the hadith of the Messenger of Allah (sallallahu alayhi wa sallam).
➌ In the state of ihram, it is permissible to wash the head due to an excuse or necessity.
➍ Sayyiduna Ibn Umar (radi Allahu anhu), when entering Makkah in the state of ‘umrah or Hajj, would perform ritual bath (ghusl) before entering. [الموطا 324/1 ح 722 وسنده صحيح]
Sayyiduna Ibn Umar (radi Allahu anhu) would not wash his head in the state of ihram except if he was in a state of nocturnal emission (ihtilam). [الموطا 324 ح 723 و سنده صحيح]
➏ Sayyiduna Miswar bin Makhramah (radi Allahu anhu), when he heard the hadith of the Prophet (sallallahu alayhi wa sallam), said to Sayyiduna Ibn Abbas (radi Allahu anhu): By Allah! I will never dispute with you. [التمهيد 4/263 وسنده صحيح]
➐ Ibn Abd al-Barr said: If the Ummah reaches consensus (ijma‘) on something, then this consensus is a proof; this is the truth about which there is no doubt. [التمهيد 4/267]

(1) A person in the state of ihram may perform a ritual bath (ghusl) as desired, apart from the case of nocturnal emission (ihtilam), as is mentioned in the above hadith. Furthermore, the head may be thoroughly washed and rubbed as well. Some people prohibit bathing out of fear that hair might break or fall out, and if any hair does break while bathing, they consider a compensatory sacrifice (dam) obligatory. This is merely a precaution that is devoid of any evidence. The Prophet sallallahu alayhi wa sallam had cupping (hijama) performed while in the state of ihram, and this certainly necessitates cutting some hair, yet it is not established from the Prophet sallallahu alayhi wa sallam that he offered a compensatory sacrifice on that occasion. Had he done so, then, just as with other rites, someone from the large gathering would certainly have transmitted it. Therefore, the absence of transmission is evidence of the absence of obligation. However, if someone deliberately and without reason cuts some hair or shaves the entire head, then offering a compensatory sacrifice is established from the hadith.

(2) “He greeted (with salam).” They were not bathing naked; rather, they had tied a lower garment (izaar). The cloth for covering was in addition to this.

(3) In times of disagreement, one should refer back to the textual evidence (nass), and abandon personal analogy (qiyas) and independent reasoning (ijtihad).

(4) A solitary report (khabar wahid) is a valid proof; among the noble Companions radi Allahu anhum, accepting it and acting upon it was common practice.

Hadith Commentary: Hafiz Ibn Hajar rahimahullah states:

And among the benefits of this hadith are: the Companions’ (radi Allahu anhum) mutual debate regarding legal rulings, then their referring back to the textual evidence, and their acceptance of a solitary report (khabar wahid) even if it is from a Tabi‘i, and that the mere statement of some of them was not considered a binding proof (hujjah) upon others, etc.

Among the benefits of this hadith is that the Companions would mutually debate issues related to rulings, then refer back to the textual evidence, and they would accept a solitary report (khabar wahid) even if it was from a Tabi‘i. And among the benefits of this hadith is that the mere statement of some of them was not considered a binding proof upon others.

While writing these lines, I am reading an article by a person of the Deobandi school, who has forcefully argued that the Companions used to practice personal taqlid (taqlid shakhsi), and therefore, the permissibility—rather, the obligation—of personal taqlid is established.

The evidences he has presented for this claim, in the form of incidents, do not at all fall under the definition of the disputed personal taqlid. Yet, this elder who supports personal taqlid sees at every step that personal taqlid was generally prevalent among the Companions.

The aforementioned statement of Hafiz Ibn Hajar is sufficient and comprehensive as a response to such weak evidences.

Hadith Commentary:
(1)
For a person in the state of ihram, performing the ritual bath (ghusl) due to major impurity (janabah) is unanimously permitted; however, there is a difference of opinion regarding the bath for cleanliness (ghusl al-nazafah). Imam al-Bukhari rahimahullah, through his chapter heading, has indicated towards the position of Imam Malik rahimahullah. He considered it disliked (makruh) for a person in ihram to immerse himself in water. In the Muwatta, it is narrated regarding Ibn Umar radi Allahu anhu that while in the state of ihram, he would not wash his head, but he would certainly perform the ritual bath (ghusl) for major impurity (janabah). (Al-Muwatta’ of Imam Malik, Hajj: 298/1)

(2)
Ibn Abbas radi Allahu anhu possessed a textual proof regarding this issue, which is why he sent Abdullah bin Hunain to Abu Ayyub al-Ansari radi Allahu anhu to inquire about the method of washing the head for a person in ihram. The question was specifically about the head because the point of contention is the head itself, as there is a concern that washing it may cause hair, etc., to come out. When he saw Abu Ayyub radi Allahu anhu washing his head, he returned and informed them of the actual situation. After this, Miswar radi Allahu anhu said to Ibn Abbas radi Allahu anhu: From now on, I will not dispute with you regarding any issue.

(3)
From this, it is understood that the noble Companions radi Allahu anhum, in times of disagreement, would turn towards the truth. (Fath al-Bari: 74/4)

(4)
This hadith shows that a person in ihram can perform the ritual bath (ghusl) and can also wash his hair. This is the position of the majority of scholars.

1840. English Commentary:
➊ This hadith proves that a person in the state of ihram may take a ritual bath (ghusl) and may also wash his head. That is, there is no harm in performing a ritual bath while in the state of ihram, whether the bath is obligatory or simply for comfort. And if, while rubbing the hair on the head, some hairs fall out naturally, there is no harm in that.
➋ In matters of research and legal issues, one should refer to experienced and trustworthy scholars. This is the meaning of the Qur’anic verse: (Fas’alu ahla al-dhikr in kuntum la ta‘lamun) — “So ask the people of knowledge if you do not know.” However, it is also obligatory upon them that, on the basis of (bil-bayyinati wa al-zubur), they clarify the truth with clear proofs. (See the commentary of the mentioned verse, Surah al-Nahl, verse 43.)
➍ 4
➌ A solitary report (khabar wahid) is a valid proof. Moreover, it is the practice of the people of truth that, in times of disagreement, they refer back to the texts (the Qur’an and hadith).
➍ After a sound (sahih) hadith becomes known, it is obligatory to abandon personal reasoning (ijtihad) and analogy (qiyas).
➎ It is permissible to greet (say salam to) someone who is performing ablution (wudu) or taking a ritual bath (ghusl).
➏ One may seek assistance from another person while bathing.
➐ It is also permissible, when needed, to converse during bathing or ablution. And Allah knows best.