Nasai

7. Commentary:

➊ It is established from the aforementioned hadith that using the miswak is neither obligatory nor a part of ablution (wudu); however, this act is emphasized and recommended (mustahabb).

➋ Under the generality of the phrase "at every time of prayer," the later afternoon prayers (Dhuhr and Asr) are also included. Therefore, every worshipper may use the miswak, whether fasting or not. However, Imam Shafi'i rahimahullah did not consider it preferable for a fasting person to use the miswak in the later part of the day, as there is a risk that it may remove the "khaluf" (the odor from the mouth of a fasting person due to an empty stomach), which is beloved to Allah. But in reality, the miswak removes filth and bad odor (which Allah dislikes), not the khaluf, because that is related to the stomach.

➌ Some scholars have said that "at every time of prayer" means to use the miswak at the time of ablution (wudu), not at the very moment of standing for prayer, because in that case, without rinsing the mouth, its impurity would not be removed. However, the above explanation is contrary to the apparent text. Secondly, a person who regularly uses the miswak generally has a clean mouth anyway. Therefore, the wording in the hadiths regarding this issue varies: in some, it is "at every prayer" (ʿinda kulli salat), in others, "at every ablution" (ʿinda kulli wudu), and in some, "with ablution at every prayer" (maʿa al-wudu ʿinda kulli salat). Thus, in view of the apparent meaning of these narrations, the majority of scholars hold the position that using the miswak at the very time of prayer is also recommended (mustahabb). In this way, both types of hadiths transmitted from the Prophet sallallahu alayhi wa sallam are acted upon, while the position of dislike (karahah) among them is without evidence. And Allah knows best. For details, see [السلفية‘ 51/1 ، طبعة جديدة]

Hadith Commentary:
In these ahadith, the word "law" has not been used; rather, the word "lawla" is mentioned, even though there is a significant difference in meaning between the two. The meaning of "law" is that the non-occurrence of one thing is due to the non-occurrence of another thing, whereas the meaning of "lawla" is that the non-occurrence of one thing is due to the existence of another thing. However, the result and outcome of both are the same.

If these are used as an objection to the decree (qadar) of Allah, then doing so is not permissible according to the Shari‘ah. But if they are used while referring them to the will (mashiyyah) of Allah, then it is permissible, just as in the aforementioned ahadith the word "lawla" has been used.

In these, the Messenger of Allah (sallallahu alayhi wa sallam) did not object to the decision and decree of Allah, but rather sufficed with stating a factual matter.

And Allah knows best.

Benefits and Issues:
Relevance between the Chapter and the Hadith:
It is evident from the chapter that Imam Bukhari rahimahullah is highlighting the virtue of using the tooth-stick (miswak) on the day of Jumu‘ah (Friday).
The hadith which mentions that if it were not difficult for the ummah, he (sallallahu alayhi wa sallam) would have commanded the use of the tooth-stick for every prayer, the relevance between this hadith and the chapter is that if the use of the tooth-stick had been made obligatory for all prayers, then certainly it would have been even more obligatory for the Friday prayer, because there are more people present in the Friday prayer than in the five daily prayers, and it is a large gathering.

The second hadith, narrated from Anas radi Allahu anhu, in which the Prophet sallallahu alayhi wa sallam said that he had repeatedly emphasized the virtue of using the tooth-stick.
The relevance here is that one should not be negligent or lazy in using the tooth-stick; rather, one should make it a habit. Therefore, the Prophet sallallahu alayhi wa sallam repeatedly clarified its virtue and also made it clear that it is difficult to use the tooth-stick all the time. Thus, specifying one day for the tooth-stick is not difficult, and among the remaining days, the best day is Friday. On Friday, it is legislated to apply perfume and wear clean clothes, and on this day, the use of the tooth-stick is also included among the best deeds.

◈ Ibn al-Mulaqqin rahimahullah says:
“The reasoning and conformity (with the chapter heading) from this hadith is that when the use of the tooth-stick is established for the five daily prayers, then on the day of Jumu‘ah, in which there is also ritual bath (ghusl) and so on, the use of the tooth-stick is even more established.” [التوضيح، ج8، ص421]

Note:
In light of the aforementioned hadith, Ibn Hazm rahimahullah has inclined towards its obligation, that using the tooth-stick on the day of Jumu‘ah is obligatory, and a statement is also attributed to the hadith scholar Ishaq ibn Rahwayh rahimahullah that:
«هو واجب لكل صلاة فمن تركه عامداً بطلت صلاته»
The use of the tooth-stick is obligatory for every prayer, so whoever deliberately abandons it, his prayer will be invalid. [فتح الباري، ج8، ص123]

◈ However, Ibn Rajab al-Hanbali rahimahullah says:
This statement is not correctly attributed to Ibn Rahwayh. [فتح الباري، ج8، ص123]
Thus, the relevance between the chapter heading and the hadith is that when using the tooth-stick is legislated for general prayers, then it is even more so legislated on the day of Jumu‘ah, because on this day there is special encouragement for cleanliness, ritual bath (ghusl), and the use of perfume.

The third hadith, which is narrated from Sayyiduna Hudhayfah radi Allahu anhu, in which it is established that the Prophet sallallahu alayhi wa sallam used the tooth-stick during the night prayer (tahajjud), the application here is that the night prayer is performed alone, and for the Friday prayer, the use of perfume is commanded, so by greater reason, the use of the tooth-stick is also included in this prayer. Thus, the conformity of this hadith with the chapter is evident. Further discussion on this hadith will come, in sha Allah, in chapter «طول القيام فى صلاة الليل».

Benefit No. ➊
Imam Ibn Daqiq al-‘Id rahimahullah says:
«الحكمة فى استحباب السواك عند القيام إلى الصلاة كونها حالاً تقرب إلى الله» [فتح الباري ج2 ص478]
“The wisdom behind using the tooth-stick in prayer is that in this state, one attains closeness to Allah, the Exalted.”

◈ Ibn Daqiq al-‘Id further says:
“In using the tooth-stick, there is a great deal of cleanliness and an expression of the honor of worship.”
Ibn Daqiq al-‘Id rahimahullah has derived several important issues from the aforementioned hadith. He has highlighted 32 issues in his juristic commentary on this hadith. See: [شرح الالمام، ج3، ص53 تا 91]

Benefit No. ➋
The blessed teachings of the Prophet sallallahu alayhi wa sallam truly make a person a human being in the real sense. The Prophet sallallahu alayhi wa sallam instructed the Muslim to keep his mouth clean at all times. He sallallahu alayhi wa sallam commanded his ummah to use the tooth-stick for every prayer. Brushing with a toothbrush does not clean the teeth as thoroughly; even if it does, a layer of plaque forms on the teeth afterward. The tooth-stick (miswak) is something that is extremely beneficial for all dental diseases.
In Pakistan, in 1985, modern medical research was conducted on various plant twigs used for cleaning teeth. The results regarding the miswak (peelu) were very encouraging. The twigs used for this purpose were compared biologically for their effectiveness against germs. The names of these plants are as follows:
① Neem (Melia Azadirachta Linn)
② Kikar (Acacia Arabica Willd)
③ Phulai (Acacia Modesta Willd)
④ Miswak/Peelu (Salvadora Persica Linn)
⑤ Karanj (Pongamia Glabra Vent)
The research showed that in most African countries, South Asia, the warm regions of America, and northern areas, the twigs and roots of the above-mentioned plants are used for cleaning the teeth and mouth.
Miswak or peelu was found to be overall effective against bacteria obtained from saliva, and its anti-microbial, germicidal, and fungicidal effects were found to be superior to all other plants. (Medical and General Physiology)

◈ Shah Waliullah Dehlawi rahimahullah says:
“That is, regarding the statement of the Messenger of Allah sallallahu alayhi wa sallam, ‘If I did not consider it difficult for my ummah, I would have commanded them to use the tooth-stick for every prayer,’ I say that its meaning is that if there was no fear of hardship, he would have made the use of the tooth-stick a condition for the validity of prayer, just like ablution (wudu). And there are many such ahadith which clearly indicate that the ijtihad (independent reasoning) of the Prophet sallallahu alayhi wa sallam has a role within the limits of the Shari‘ah. ① And the limits of the Shari‘ah are based on objectives, and removing hardship from the ummah is among those principles upon which the rulings of the Shari‘ah are based... It is appropriate for a person to thoroughly use the tooth-stick inside the mouth, remove the phlegm from the throat and chest, and by using the tooth-stick well inside the mouth, the disease of mouth ulcers is removed and the voice becomes clear.” [حجة الله البالغة ج1 ص183]

Hadith Authentication (Takhrij al-Hadith):
[142۔ البخاري فى : 11 كتاب الجمعة : 8 باب السواك يوم الجمعة 887، مسلم 252، أبوداود 46، نسائي 533]
Understanding the Hadith:
From this hadith, we learn of the compassion and mercy of the Prophet sallallahu alayhi wa sallam towards his ummah, in that he did not command any act which would cause hardship for the ummah. Furthermore, this hadith is evidence that using the siwak (tooth-stick) is not obligatory. However, it is certainly among the established and continuous sunnah (sunnah mutawatirah) of the Prophet sallallahu alayhi wa sallam, which one should strive to adopt. According to the Prophetic statement, the siwak is a means of purification for the mouth and a cause of Allah’s pleasure. [صحيح : صحيح الترغيب 209، إرواء الغليل 66، أحمد 124/6، حميدي 162]
As for the narration which states that prayer with siwak is seventy times superior to ordinary prayer, the scholars of knowledge have declared it weak. [ضعيف : أحمد 272/6، ابويعلي 4738]
➊ Shaykh Abdul Razzaq Mahdi has declared this narration weak. [التعليق على شرح فتح القدير 23/1]
➋ Shaykh Shu'ayb Arna'ut has said that this narration is weak; its chain is disconnected because Muhammad ibn Ishaq did not hear this hadith from Imam al-Zuhri rahimahullah. [مسند أحمد محقق 26340]
➌ Hafiz Ibn Hajar rahimahullah states that Imam Ibn Ma'in rahimahullah said: None of the chains of this narration are authentic, and this narration is baseless. [تلخيص الحبير 68/1]

Hadith Commentary:
Hujjat al-Hind, Hazrat Shah Waliullah Dehlawi rahimahullah, in his famous book *Hujjat Allah al-Baligha*, writes under the transmitted ahadith regarding the miswak (tooth-stick):

I say:
Its meaning is that, were it not for the fear of hardship, I would have made the use of the miswak a condition for prayer just like ablution (wudu). There are very many ahadith reported in this style, and they are clear proofs that the Prophet sallallahu alayhi wa sallam’s ijtihad (independent reasoning) has a role in the legal boundaries, and that these boundaries are based on objectives (maqasid), and that the removal of hardship is among the foundational principles upon which the Shari‘ah is built. The narrator’s statement regarding the manner in which the Prophet sallallahu alayhi wa sallam used the miswak, that he would say:
“‘A‘, ‘A‘”—as if he were retching—
I say:
It is appropriate for a person to reach the farthest parts of the mouth with the miswak, so that the phlegm of the throat and chest comes out, and thoroughness in using the miswak removes mouth ulcers (qala‘), clarifies the voice, and makes the breath fragrant, etc.
(*Hujjat Allah al-Baligha*, pp. 449–450)

That is, regarding the statement of the Messenger of Allah sallallahu alayhi wa sallam, “If I did not consider it difficult for my ummah, I would have commanded them to use the miswak at every prayer,” I say that its meaning is that, if there were no fear of hardship, he would have made the use of the miswak a condition for the validity of prayer, just like ablution (wudu). There are many such ahadith which clearly indicate that the ijtihad of the Prophet sallallahu alayhi wa sallam has a role in the legal boundaries, and that the legal boundaries are based on objectives (maqasid), and that the removal of hardship from the ummah is among the principles upon which the legal rulings are based.

Regarding the manner in which the Prophet sallallahu alayhi wa sallam used the miswak, the narrator states that he would make the sound “‘A‘, ‘A‘” while using the miswak, as if someone does when retching. About this, I say that it is appropriate for a person to use the miswak thoroughly inside the mouth, so that the phlegm of the throat and chest is expelled, and by using the miswak well inside the mouth, the disease of mouth ulcers (qala‘) is removed, the voice becomes clear, and the mouth becomes fragrant.

The Prophet sallallahu alayhi wa sallam said: “Ten things are from the fitrah (natural disposition): trimming the moustache, letting the beard grow, using the miswak, etc.”

That is, the Messenger of Allah sallallahu alayhi wa sallam said: “Ten things are from the fitrah: trimming the moustache, letting the beard grow, using the miswak, putting water in the nose, cutting the nails, washing the joints of the fingers, plucking the hair of the armpits, shaving the pubic hair, and cleaning oneself with water after relieving oneself.”

The narrator says: “I do not remember the tenth thing; it is probably rinsing the mouth.”

I say: These purifications are transmitted from Hazrat Ibrahim alayhis salam, and have continued equally among all the Hanifite communities, and are deeply rooted in their hearts. For this reason, they have been called fitrah (natural disposition).

Hadith Commentary: Benefits and Issues:
The miswak possesses such tremendous benefits that the Prophet (sallallahu alayhi wa sallam) said:
“My heart desires that I command my ummah to use the miswak for every prayer, but I did not give such a command only out of concern that this act, if made obligatory for every prayer, would become a hardship for each individual of the ummah,” and it would be difficult for everyone to adhere to it.
Thus, this is also a very significant and effective means of emphasis and encouragement.
Therefore, the ummah should strive, on its own accord, to be diligent in practicing it.

English Commentary:
1:
The wisdom behind not making the use of the miswak (tooth-stick) obligatory is to remove hardship and difficulty from the Ummah.
This only negates the obligation (wujub) of the miswak,
as for its being Sunnah (recommended), that remains as it is.

2:
Imam Bukhari has given preference to this method for two reasons:
Firstly, because a particular incident is associated with it, namely Abu Salamah’s statement that Zayd ibn Khalid used to keep the miswak on his ear in the same manner as a scribe keeps his pen on his ear, and when he would stand for prayer, he would use the miswak.
Secondly, Yahya ibn Abi Kathir has corroborated (mutaba‘ah) Muhammad ibn Ibrahim, and this has been recorded by Imam Ahmad.

1:
From this hadith, it is understood that delaying the 'Isha prayer until the mentioned time is more virtuous. This virtue is specific only to this prayer; as for the rest of the prayers, performing them at their earliest prescribed time is more virtuous.

(1)
In contrast to the other prayers, it is more virtuous (afdal) to delay the ‘Isha prayer; therefore, it should be considered an exception from the hadiths regarding the virtue and ruling of performing prayer at its earliest time.

(2)
The delay should only be to the extent that it does not cause hardship to the general congregation.

(3)
Taking into account the hardship of the public, it is permissible to abandon the more virtuous act and opt for the less virtuous.

(4)
The Messenger of Allah (sallallahu alayhi wa sallam) would generally not perform the ‘Isha prayer immediately after the disappearance of twilight (shafaq); rather, he would delay it, and this delay would vary in length.
Jabir (radi Allahu anhu) said:
If the people were numerous, the Prophet (sallallahu alayhi wa sallam) would perform the prayer earlier, and if they were few, he would delay it. (Sahih al-Bukhari, Book of Prayer Times, Chapter: The Time of ‘Isha When the People Gather or Delay, Hadith: 565)

Benefit:
From this it is understood that the ‘Isha prayer should be performed before midnight, because the Prophet (sallallahu alayhi wa sallam) expressed the desire to delay it at most until half the night. However, the congregational prayer should be performed at an appropriate time according to the convenience of the worshippers.

Commentary:

➊
The meaning of "putting into hardship" is that the Prophet sallallahu alayhi wa sallam sensed the danger that acting upon this would become difficult for the ummah, because situations may arise when the miswak is not present or not easily available, and this would become a hardship for people.

➋
The meaning of "commanding" is to make it obligatory, because the recommendation (istihbab) still remains, but it is not obligatory such that ablution (wudu) would not be valid without it.

➌
The Messenger of Allah sallallahu alayhi wa sallam was extremely compassionate towards the ummah.
Therefore, he did not give difficult rulings as much as possible.
He sallallahu alayhi wa sallam also continued to supplicate to Allah Ta'ala that difficult rulings be made easier, as on the night of Mi'raj, he repeatedly requested in the court of Allah Ta'ala and had the command of fifty prayers reduced.

➍
A distinguishing feature of the Muhammadan Shari'ah is that ease has been provided in it, as is stated in the Prophetic narration:
(إِنِّي اُرْسِلْتُ بِحَنِيْفِيَّةٍ سَمْحَةٍ) (Musnad Ahmad: 2/116)
"Indeed, I have been sent with the easy, upright religion." However, the meaning of ease is not that there is no ruling which is burdensome to the soul, because the commanding soul (nafs al-ammarah) recoils from every good deed and runs towards every sin.
Some people have the habit that for any ruling of the Shari'ah they do not wish to act upon, they say, "It is a necessity and there is no hardship in the religion."
This approach is not correct; it is following one's own desires.
Allah Ta'ala says:
﴿أَفَتُؤْمِنُونَ بِبَعْضِ الْكِتَابِ وَتَكْفُرُونَ بِبَعْضٍ ۚ فَمَا جَزَاءُ مَن يَفْعَلُ ذَٰلِكَ مِنكُمْ إِلَّا خِزْيٌ فِي الْحَيَاةِ الدُّنْيَا ۖ وَيَوْمَ الْقِيَامَةِ يُرَدُّونَ إِلَىٰ أَشَدِّ الْعَذَابِ ۗ﴾ (al-Baqarah: 2/85)
"Do you believe in part of the Book and disbelieve in part? The recompense for those among you who do that is nothing but disgrace in the life of this world, and on the Day of Resurrection they will be sent back to the severest punishment."

➎
"At every time of prayer"—from these words it is understood that if the miswak was not used before ablution (wudu), but it was used at the time of starting the prayer, then it is still valid.

➏
From this narration, the recommendation (istihbab) of using the miswak at every time of prayer is understood.

Verification
Sahih: [ابن شهاب الزهري عنعن و لحديثه شاهد صحيح عند اَحمد 2/ 250، وبه صح الحديث]

Takhrij:
[الموطارواية يحييٰ 1 /66 ح143، ك2 ب32 ح115], [التمهيد7 /194، الاستذكار : 122], [٭ واخرجه النسأئي فى الكبري 2/ 198 ح3405، من حديث عبدالرحمن بن القاسم عن مالك قال : حدثني ابن شهاب به وللمرفوع شاهد عند أحمد 2/ 250ح7406، وسنده صحيح، وانظر صحيح البخاري 887، و صحيح مسلم 252، والحديث الآتي : 321]
Jurisprudential Understanding:
➊ The miswak is not obligatory, rather it is Sunnah and part of fitrah (the natural religion, Islam). [ديكهئے صحيح مسلم : 261]
➋ Acting upon the command of the Messenger of Allah (sallallahu alayhi wa sallam) is obligatory (fard), except when there is a sound evidence or a diverting indicator that shifts it from obligation to recommendation or otherwise.
➌ The Messenger of Allah (sallallahu alayhi wa sallam) was extremely compassionate towards his ummah. He always took special care of his followers. Allah the Exalted sent him as a mercy to the worlds. Also see [سورة التوبه 128]
➍ The miswak purifies the mouth and is pleasing to the Lord. [سنن النسائي 1/ 10 ح5 وسنده حسن و هو حديث صحيح]
➎ The miswak should be washed before use. [ديكهئے سنن ابي داود : 52 و سنده حسن لذاته و حسنه النودي فى المجموع 1/ 283]
➏ The miswak of Umm al-Mu’minin Maymunah (radi Allahu anha) used to remain soaked in water. [ابن ابي شيبه 1/ 170ح 1801 و سنده حسن]
➐ Ibn Umar (radi Allahu anhu) did not see any harm in using the miswak while fasting. [ابن ابي شيبه 3/ 35 ح 9149 و سنده صحيح] He said: There is no harm for the fasting person in using either a dry or a moist miswak. [ابن ابي شيبه 3/ 37 ح 9173، سنده صحيح]
Some scholars considered a moist miswak to be disliked (makruh), but the correct view is that there is no harm in using a moist miswak.
➑ Imam al-Sha’bi (the Tabi’i) said: The miswak is the cleanser of the mouth and the brightness (illumination) of the eyes. [ابن ابي شيبه 1/ 170ح1796، و سنده صحيح]
➒ There is no contradiction between “the command to use the miswak before every prayer” and “before every ablution (wudu).” The meaning of “before every prayer” is also that the miswak should be used before ablution. If the miswak is used before every prayer, that is also permissible. «والله اعلم»

Benefit:
In the case of having little clothing, it is necessary that the private parts (from the knees to the navel) and the shoulders are covered with some clothing; this is the attire for a man during the state of prayer.

Benefit:
In this hadith, the importance of performing the ‘Isha prayer with delay is being mentioned; this applies when the congregation is in agreement—lest it be that the imam wishes to delay the ‘Isha prayer but none of the followers are agreeable to it. Furthermore, this hadith also establishes the significance of using the siwak (tooth-stick) with every prayer.