As-Siwaak with a Kasrah under the ‘Seen’ is applied as a term upon an act and it is also applied upon the stick or thing which is used to perform the act so it is said that he performed Siwaak (Saaka) with his mouth or something similar when he is cleaning his mouth with the Siwaak and its plural is Suwuk like Kutub (books, the plural of Kitaab) according to the language. Its definition according to the language is not different from the Istilaah (terminology and definition) of the Fuqahaa as they have defined it as the use of a stick or similar to it in the teeth to remove what has become attached to it from food remnants and to prevent the yellowness. The following Ahaadeeth relate to the Siwaak:
1) ‘Aa’ishah (ra) related that the Nabi صلى الله عليه وسلم said: “As-Siwaak is a cleansing (purification) for the mouth which is pleasing to the Lord” as recorded by Ahmad, An-Nasaa’i, Ibn Hibbaan and Ibn Khuzaimah. It was classified as Saheeh by An-Nawawi.
2) Abu Hurairah (ra) related that the Nabi صلى الله عليه وسلم said: “If I did not want to cause hardship upon my Ummah I would have commanded them to use the Siwaak at the time of every Salaah” as recorded by Muslim, Al-Bukhaari, Ibn Khuzaimah, Abu Daawood and At-Tirmidhi. And in a report from Ahmad: “…I would have commanded them to make Siwaak at the time of every Wudoo’.”
3) Miqdaam Bin Shuraih related from his father: “I asked ‘Aa’ishah and said: What did the Nabi صلى الله عليه وسلم first do upon entering his house? She replied: As-Siwaak” as recorded by Muslim, Abu Daawood, Ahmad, An-Nasaa’i and Al-Bayhaqi.
4) Hudhaifah (ra) said: “When the Messenger of Allah would get up for Tahajjud he would clean his mouth with the Siwaak” as recorded by Muslim, Al-Bukhaari, Ahmad, Abu Daawood and An-Nasaa’i.
5) ‘Ali Ibn Abi Taalib (ra) related: “…Then he said: Fetch me a jug of water and then he washed his hands and face three times, rinsed his mouth three times, entering some of his fingers in his mouth, and then snuffed in water three times, then washed his arms three times and wiped his head once…Then he said: Where is the person who asked about the Wudoo’ of the Messenger of Allah? The Wudoo’ of the Messenger was like that” as recorded by Ahmad and Ibn Hajar verified it as Hasan.
6) ‘Aamir Bin Rabee’ah (ra) said: “I saw the Messenger of Allah صلى الله عليه وسلم using the Siwaak more times than I can count whilst he was fasting” as recorded by Ahmad and Abu Daawood. At-Tirmidhi also related it and it was classified as Hasan by Ibn Hajar.
7) Abu Sa’eed (ra) said: “I bear witness that the Messenger of Allah صلى الله عليه وسلم said: ‘The Ghusl on the day of Jumu’ah is Waajib upon every pubescent person (Muhtalim), the use of Siwaak for the teeth and the wearing or perfume if available'” as recorded by Al-Bukhaari, Muslim and Ahmad.
Other Ahaadeeth have been recorded however we have sufficed ourselves with these seven because they contain richness.
All of these Ahaadeeth provide for the legitimacy of the Siwaak, encourage its use and make it recommended to the point where a number of Fuqahaa have raised it to being Sunnah Mu’akkadah. An-Nawawi said: “It is established as an Ijmaa’ by those who are relied upon to form an Ijmaa’.”
Daawood and Ishaq Ibn Raahuuwiyah strongly emphasised the Siwaak and it has been related that Daawood viewed it as obligatory in relation to the Salaah although the Salaah is not made invalid without its performance, and Ishaq Bin Raahoowiyah said that it is obligatory and invalidates the Salaah if left deliberately.
The Siwaak is Sunnah at all times due to these Ahaadeeth and An-Nawawi said the best words when he said in relation to this issue: “The Siwaak is Mustahabb at all times however the Sunnah is more emphasised at five times: one of them is at the time of Salaah whether purified with water or dirt or not purified like the one who cannot find water or dirt, the second is at the time of Wudoo’, the third when reciting the Qur’aan, the fourth when waking up from sleep and the fifth when the mouth changes due to the effects of food or drink including that which has a strong or bad smell, as well as (what is caused by) the long silence or speaking a lot.”
As for the Siwaak being Mandoob and not Fard (obligatory) then this is because the first Hadeeth said: “Pleasing to the Lord” and the seeking of Allah’s سبحانه وتعالى pleasure is only attached to the performance of the Waajib and the Mandoob. The second Hadeeth then comes with his صلى الله عليه وسلم’s words: “If I did not want to cause hardship upon my Ummah…” which is a Qareenah directing the Amr (command) to that of Nadb (recommendation) and upon that the seventh Hadeeth is understood to indicate recommendation and the fifth Hadeeth guides to the Siwaak not being Waajib to be done with a stick from the Arak tree or even brush but it is sufficient to pass the fingers in the mouth: “Then he entered some of his fingers in his mouth” and Anas (ra) related that the Messenger of Allah صلى الله عليه وسلم said: “The fingers can be used in place of the Miswaak” as recorded by Al-Bayhaqi from a number of paths in addition to being recorded by Ibn ‘Adi and Ad-Daaru Qutni. Ibn Hajar said in relation to it: “I do not see a problem (fault) in the Sanad” and if the fingers are sufficient in gaining the reward then the tooth brush is even better in terms of cleansing or placing specific paste upon the fingers to place upon the teeth would be better and more fulfilling as the cleansing is what is required and this can happen with a stick or a tooth-brush that can achieve the purpose more efficiently.
And we do not wish to mention here the medical benefits of the Miswaak which more medicine has discovered because this is not our task and maybe it could be written in the chapter related to the signs of Prophethood. The Siwaak has been made Sunnah in the night and the day and when fasting and when not fasting equally although Ash-Shaafi’, the Hanaabilah, Ishaq, Abu Thawr have said that the Siwaak for the fasting person after Zawaal is Makrooh an opinion also attributed to ‘Ataa and Mujaahid. They used as evidence the Hadeeth related by Abu Hurairah in which the Messenger of Allah صلى الله عليه وسلم said: “…And by the one in whose hand is my soul the (bad) smell from the fasting persons mouth is more pleasant to Allah than the smell of perfume…” as recorded by Al-Bukhaari and Muslim. This opinion is not correct that even the students of Ash-Shaafi’ disagreed with and I will mention from among them Abu Shaamah, Al-‘Izz Bin ‘Abdus Salaam, An-Nawawi, Al-Muzni and Ibn Hajar.
Al-‘Izz said: “Ash-Shaafi’ preferred that the fasting person bear the hardship of the bad smell from his mouth rather than remove it with the Siwaak using as evidence that his reward is better than the smell of perfume, and I do not agree with Ash-Shaafi’ in this as the mention of the reward of an action does not necessitate that the action is better than other acts because the mention of a merit does not necessitate that it is outweighed as being better. Have you seen that Al-Witr in his newer opinion is better than the two Rak’ah of Fajr despite his صلى الله عليه وسلم statement: “The two Rak’ah of Fajr (Sunnah) are better than the Dunyaa (the whole world) and what is in it” and how many acts of worship has the Shar’a praised and mentioned its merits although other acts are greater than them. This all relates to the chapter (issue) of the coming together of two benefits which are not possible to be put together. The Siwaak is a form of legislated purifying for the sake of the Lord سبحانه وتعالى and addressing what is great with mouths which are purified is an honouring in which there is no doubt and for the sake of this the Siwaak was legislated and the bad odour does not contain an honouring so how can it be said that the merit of the bad smell reaps more than honouring the one who is most honourable with a clean (nice smelling) mouth?” Al-‘Izz concluded with the statement: “What Ash-Shaafi’ mentioned (May Allah’s mercy be upon him) is a specification (Takhsees) to the general (‘Aamm) using only what has been mentioned as evidence which is in opposition to what we have mentioned.”
Ibn Hajar Al-Asqilaani said: “The using of evidence of our people (i.e. the Shaafi’iyeen) the Hadeeth of the bad smell of the fasting person to support the dislike (Karaahiyah) of using Siwaak after Zawaal for the one fasting needs to be looked at.”
The correct view is that the use of evidence of those saying that it is Makrooh to use the Siwaak after Zawaal for the one fasting based on the Hadeeth of the smell of the fasting person’s mouth is a use of evidence that is not suitable to specify the Ahaadeeth that call for the recommendation of using the Siwaak generally because the Hadeeth related to the smell of the fasting person’s mouth relates to a subject that is different to the subject of using the Siwaak and as such is not valid to specify it. And from amongst those who said that it is not Makrooh to use the Siwaak after the Zawaal are Ibraaheem An-Nakh’i, Ibn Seereen, ‘Urwah, Maalik Bin Anas, As’haab-ur-Rai in addition to it being reported from ‘Umar, Ibn ‘Abbaas and ‘Aa’ishah May Allah be pleased with them all.