Can I follow the ruling of another Mazhab due to difficulty?
Asalamualaikum, I have a problem of passing wind which happens a lot most of the prayer times but completely goes away sometimes in a whole prayer time. The problem occurs whether I stand or sit and pray. Not passing wind for a whole prayer time means that I am not Ma’zur according to Hanafi fiqh, but I still have to make several wudus for many prayers and miss out on my Sunnah prayers for a lot of time. Can I get a dispensation from the ruling: “the Maliki school of jurisprudence states that if you perform Wudu’ and then later nullify your Wudu’ (due to passing wind) for more than half of the time (of a given prayer), then you do not have to perform Wudu’ again, as you are given the same ruling of those suffering from incontinence and women who bleed outside their menses”, and that the person stays a Ma’zur as long as the problem happens once in a day of a few days? This is because for the last years I have found it very difficult waiting each prayer time, sometimes till the end of the time and remaking wudu several times whilst still not being Ma’zur, I am unable to pray Nafl because of this problem. I know that if extreme difficulty And neccessity is experienced, then one can use a dispensation from another Mazhab. I have tried my best but experience a lot of difficulty, and it is not for following my desires but a necessity so I can pray in peace. Could I use the dispensation mentioned above?
Answer
Wa ʿAlaykumus Salām Wa Raḥmatullāhi Wa Barakātuh
The answer to this question is case-specific and is not a general ruling.
In the enquired scenario, the first option would be to adopt such methods which will ease the performance of Wuḍū, such as wearing the Khuffayn and sufficing on the Farḍ of Wuḍū i.e., only washing the hands and face, and making Masah of the head and Khuffayn.
In the event that this does not ease the situation, then only may you take to the view of another Madhab which will bring about ease due to the difficulty that you are now undergoing.
However, in such instance, it is necessary that such ruling is validly recognized in the Mālikī school of thought and should be accompanied by all its preconditions.
It should not be such that when it comes to the ruling of being Mʿadhūr, and other related rulings, you take some rulings from your own school of thought and other rulings from a different school of thought in a way that the action performed is not valid in either of the Madhabs.