2. Wiping over khuffs or socks that have holes in them

As for wiping over khuffs (leather socks) or socks that are torn with holes, then the scholars have differed in this issue with many opinions. The majority of them forbid it based on a long differing amongst them, which you can see in the detailed discussions found in the books of Fiqh and Al-Muhallaa. Other scholars held the opinion that it was permissible, and this is the opinion that we favor. Our argument for this is that: the source principle is the (absolute) allowance for wiping. So whoever forbids it, or places a condition on it - such as that they must be void of any holes - or he places limits to it, then he is refuted by the statement of the Prophet (sallallahu alaihi wassallam):

"Every condition that is not found in the Book of Allaah, then it is false." [Al-Bukhaaree and Muslim]

It has also been authentically reported that Sufyaan Ath-Thawree (rahimahullaah) said: "Wipe over them (the socks) so long as they are attached to your feet. Were the socks of the Muhaajireen and the Ansaar anything but torn (with holes), ripped and tattered?” [Reported by 'Abd-ur-Razzaaq in Al-Musannaf (no. 753) and from that path of narration, by Al-Baihaqee (1/283)]
Ibn Hazm (rahimahullaah) said:

"So if there is found in the khuffs, or whatever is worn on the feet, any holes that are small or large, long or wide, such that some part of the foot is visible, whether a little or a lot, or both, then all of that is the same. And wiping over them is permissible, so long as any part of it continues to attach itself to the feet. This is the opinion of Sufyaan Ath-Thawree, Dawood, Abu Thawr, Ishaaq Ibn Raahawaih and Yazeed Ibn Haaroon." [Al-Muhallaa (2/100)]

Then he (rahimahullaah) goes on to relate the statements of the scholars that forbid it, according to what they contain from differing and contradiction. And then he goes on to refute them and explain that it is an opinion that has no evidence to support it except opinion. Then he closed that with his statement:

“However the truth in this matter is what is reported in the Sunnah, which explains the Qur'aan, in that the ruling for the two feet, which do not have any garment over them to wipe over, is that they must be washed. And the ruling for the two, if there is a garment over them, is that they can be wiped over. This is what is reported in the Sunnah 'and your Lord is not forgetful.' [Surah Maryam: 64] The Messenger r knew, when he commanded for the wiping over the khuffs or whatever is worn on the feet – and he wiped over the socks – that there was large and small holes, as well as no holes, in the shoes, socks and whatever else is worn on the feet. And he r also knew that there existed the footwear that was red, black or white as well as the new and the old. But he r did not specify some of it over another. And if the ruling for that in the Religion varied, then Allaah would not have forgotten to send down revelation concerning it, nor would the Messenger of Allaah r have neglected explaining it, far is he removed from that. Thus, it is correct that the ruling for this wiping applies to all conditions." [Al-Muhallaa (2/100)]

Also, Shaikh-ul-Islaam Ibn Taimiyyah (rahimahullaah) said in his Ikhtiyaaraa (pg. 13):

"It is permissible to wipe over the (foot) garments on one of its two sides - Ibn Tameem and others related this. It is also permissible to wipe over the khuff that has holes in it, so long as it continues to hold that name (khuff) and one is able to walk in it. This is the older of the two opinions Ash-Shaafi'ee held on it, and it is that which Abul-Barakaat and other scholars have preferred."

I say: Ar-Raafi'ee attributed this view in Sharh Al-Wajeez (2/370) to the majority of the scholars and uses as a support for it, his argument that the opinion that forbids wiping over them, narrows the door of this allowance, so one must wipe. And he was correct, may Allaah have mercy on him.
footnotes:

[1] Translator's Note: The word used in this treatise for shoes is na'alayn, which can mean sandals or shoes that do not pass the ankle. At the time of Allaah's Messenger (sallAllaahu alaihi wassallam), the people used to wear these sandals, which were considered shoes. We have decided to translate the word as shoes for fear that if the word sandals were used, people would limit the ruling found in this treatise to just sandals, while the rulings apply to any type of shoe worn on the foot. And Allaah knows best.

[2] Translator's Note: The treatise he is referring to is Al-Mas-h 'Alaa Al-Jawrabain (Wiping over the Socks) by the great scholar of Shaam Jamaal-ud-Deen Al-Qaasimee (rahimahullaah). This treatise of Shaikh Al-Albaanee comes directly after his checking of Al-Qaasimee's book. Al-Albaanee included this last section to the book in order to clarify common misunderstandings present today and to compliment the book. Thus, there will be some references made to this book, such as "as has been stated previously". This means previously in the book Al-Mas-h 'Alaa Al-Jawrabain.

Beirut 1370H

Muhammad Naasir-ud-Deen Al-Albaanee

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