the two leather socks again, he may wipe over them a second time, because he put them on while in a state of purity. There is no doubt that this is easier for people, and issuing a fatwa accordingly is sound—especially if the questioner had previously done otherwise, in which case he should be given the more cautious ruling.
He wipes over most of the turban and over the upper part of the foot of the leather sock . . .
His statement, “He wipes over most of the turban,” explains the extent and manner of wiping in matters over which wiping is performed. With regard to the turban, the wiping must cover most of it; if he wipes only a part of it, it is not valid. There is no harm, however, in wiping all of it. If the forelock is exposed, it is recommended to wipe it along with the turban.
His statement, “and over the upper part of the foot of the leather sock,” explains the wiping of the two leather socks.
The word “upper” is in the genitive case, meaning: he wipes over most of the upper part of the foot, because wiping is confined to the upper surface, due to the hadith of al-Mughirah ibn Shu'bah (1): “He wiped over his two leather socks.” Its apparent meaning is that wiping is over the upper part of the leather sock . . .
It is also due to the hadith of Ali, may Allah be pleased with him, who said: “Had the religion been based on personal opinion, the underside of the leather sock would have been more deserving of wiping than its upper side. Yet I saw the Messenger of Allah, peace and blessings be upon him, wipe over the upper part of the leather sock” (2). Although there is some question regarding this hadith, some scholars have graded it sound.
The words, “Had the religion been based on personal opinion,” raise a difficulty, for personal opinion is the intellect.