Ruling on Wiping Over Socks

The disagreement

• They agreed on the legality of wiping over leather socks (الخفين).
• They disagreed on the permissibility of wiping over [non-leather] socks (الجوربين). This disagreement is based on two opinions.

The opinions

• It is permissible to wipe over socks:
• The school of: Al-Hanabilah / Al-Shafi’iyyah / The two companions of Abu Hanifa
• It is not permissible to wipe over socks:
• Malik / Abu Hanifa (an opinion) / Al-Shafi’i (an opinion)

Reason for the disagreement

• Their disagreement regarding the authenticity of the narrations reported from him ﷺ such as the Hadith: "That he wiped over socks and sandals." [Narrated by Ahmad / Abu Dawud / Al-Tirmidhi / Ibn Majah / Al-Bayhaqi]. Some authenticated it, while more than one weakened it, though it has supporting evidences.
• Is wiping over the leather sock an act of worship that cannot be done by qiyas, or not?

Evidence

First opinion

• The Hadith of Al-Mughirah ibn Shu'bah ﷺ: "That he ﷺ wiped over socks and sandals." The Hadith is an explicit text regarding the permissibility of wiping over socks.
• Qiyas with the leather sock: Since wiping over it was permitted, then wiping over socks is permitted for the same reason.

Response

• The Hadith of Al-Mughirah ibn Shu'bah ﷺ regarding wiping over socks is not authentic.
• Wiping over the leather sock is an act of worship, so nothing else can be compared to it, so it is not possible to do qiyas.

The preferred opinion

• The first opinion: (It is permissible to wipe over socks); because socks and leather socks share the same meaning, as both cover the area of the obligatory washing, and there is no difference between them. Allah knows best.

References

Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid (1/42), al-Hidāyah (1/158), Badā’iʿ al-Ṣanā’iʿ (1/143), al-Mudawwanah (1/44), al-Istidhkār (2/253), al-Awsaṭ (1/465), al-Muhadhdhab with al-Majmūʿ (1/499), al-Sharḥ al-Kabīr (1/380), al-Mughnī (1/374), Sharḥ Ibn Zāḥim (1/126).