Question:-
I have a special needs daughter. She is six years-old and struggles with motor skills, in particular, walking and talking. She also has difficulty with chewing and swallowing, and thus, drools significantly.
Due to this, we encounter some difficulties. When she is seated, she often wets her clothing with the drooling. On such occasions, it is difficult to know whether the wetness on her trousers in particular, is simply from the drooling, or if it is because her diaper has leaked. In such instances, I then doubt whether she is Paak or Napaak. This happens almost every other day. I am doubtful if the chair she sits on is also Napaak, and if I pick her up, whether my clothes also become Napaak. Do I assume that unless it is clear that her nappy has leaked, that all other wetness is Paak and treat it such. It is difficult to keep changing her clothes and almost impossible to bath her each time her clothes are wet.
Are there any websites that can assist with Tahaarah rulings which pertain to special needs children? If it is Napaak, how do I go about cleaning her chair, bed, clothing and body? Could Mufti kindly assist in regards to each matter mentioned above.
Answer:-
The jurists have mentioned a principle which is as follows: “Certainty is not removed because of doubt.” This simply means that you will not regard something to be impure on the basis of a doubt, such as in your scenario. The status of things is that, they will remain upon their original position. For example, a person has certainty that he is in a state of Tahaarat but has doubt of his Wudhu breaking, then he will be considered to be in a state of Taharaat as this was his original condition. [Re:- Al-Ashbaah Wan Nazaa’ir Pg.60/61]
الأصل بقاء ما كان على ما كان وتتفرع عليها مسائل منه
من تيقن الطهارة وشك في الحدث فهو متطهر، ومن تيقن الحدث وشك في الطهارة فهو محدث، كما في السراجية وغيرها (الاشباه والنظائر ص61)
In your instance, you have certainty that the wetness on her clothing is due to her drooling but you are in doubt as to whether it could possibly be due to impurity leaking out of her diaper, hence, there is no need to treat the wetness as impure until there is certainty that it was due to the diaper leaking. You will therefore, not be required to change any clothing or have the furniture cleaned.
We are not aware of any website which discuss these issues in particular.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 09 Shawwal 1443 / 11 May 2022
