Chapter: The Miswak (Tooth-stick) and the Sunnah of Wudu (Ablution)
14 - Issue: Abu al-Qasim said: (The miswak is a Sunnah, recommended at every prayer.)
The majority of scholars consider the miswak to be a Sunnah, not obligatory (wajib), and we do not know of anyone who stated it is obligatory except Ishaq and Dawud; because he was commanded with it, and a command implies obligation. Abu Dawud narrated with his isnad that the Prophet (peace and blessings of Allah be upon him) was commanded to perform wudu for every prayer, whether pure or not. When that became difficult for him, he was commanded to use the miswak for every prayer (1).
As for us, we rely on the statement of the Prophet (peace and blessings of Allah be upon him): "Were it not that I might burden my ummah, I would have commanded them to use the miswak at every prayer." Agreed upon (2). Meaning: I would have commanded them with a command of obligation; because hardship only attaches to an obligation, not to a recommendation (nadb). This indicates that the command in their hadith is a command of recommendation and desirability. It is possible that it was obligatory for the Prophet (peace and blessings of Allah be upon him) specifically, in order to reconcile the two reports.
(1) Extracted by Abu Dawud, in: The Chapter on the Miswak, from the Book of Purification. Sunan Abi Dawud 1/12. And al-Darimi, in: The Chapter on His saying {When you rise to prayer, wash your faces} the verse, from the Book of Wudu. Sunan al-Darimi 1/168, 169. And Imam Ahmad, in: Al-Musnad 5/225. In [manuscript] M it says: "He was commanded with the miswak at every prayer." (2) Extracted by al-Bukhari, in: The Chapter on the Miswak on Friday, from the Book of Jumu'ah; and in: The Chapter on the Miswak for the fasting person, both fresh and dry, from the Book of Fasting; and in: The Chapter on what is permitted of exaggeration, from the Book of Wishing. Sahih al-Bukhari 2/5, 40, 9/106. In the last mention, "at every prayer" is absent. And Muslim, in: The Chapter on the Miswak, from the Book of Purification. Sahih Muslim 1/220. And Abu Dawud, in: The Chapter on the Miswak, from the Book of Purification. Sunan Abi Dawud 1/11. And al-Tirmidhi, in: The Chapter on what has been reported regarding the miswak, from the Chapters on Purification. 'Aridat al-Ahwadhi 1/38, 39. And al-Nasa'i, in: The Chapter on the concession for using the miswak in the evening for the fasting person, from the Book of Purification. Al-Mujtaba 1/16. And Ibn Majah, in: The Chapter on the Miswak, from the Book of Purification. Sunan Ibn Majah 1/105. And al-Darimi, in: The Chapter on the Miswak, from the Book of Prayer. Sunan al-Darimi 1/174. And Imam Malik, in: The Chapter on what has been reported regarding the miswak, from the Book of Purification. Al-Muwatta 1/66. And Imam Ahmad, in: Al-Musnad 1/80, 120, 2/245, 250, 259, 287, 399, 400, 429, 433, 460, 509, 517, 531, 4/114, 116, 5/193, 410, 6/325, 429.
