Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim
Tahqiq, Takhrij, Sharh
Muhadith Zubair Ali Zai
Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari
The Importance of Miswak
 And with the same chain of narration that Abu Hurayra said, “Were it not that he would be overburdening his community he (the Messenger of Allah, (Sallalahu Alayhi Was-Sallam)) would have ordered them to use a toothbrush-stick (Miswak) with each prayer (before it) or each wudu.”
(And this book’s narrator and summariser) Abul Hassan (al-Qabisi) said, “There is a problem for these words being marfu to the Prophet (Sallalahu Alayhi Was-Sallam) however Esa ibn Miskin (in his own narration) said that the Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, “Were it not that I think it would be overburdening for my community then I would command them (to use a toothbrush-stick (Miswak))”
[GRADING] – [SAHIH]
The hadith Ibn Shihab az-Zuhri narrates with anana has an authentic witness (shahid sahih) with Ahmad (2/250) and this authenticates the hadith.
Al-Muwatta (Yahya’s narration 1/66 hadith no.143, book 2, chapter 32, hadith no.115) at-Tamhid (7/194), al-Istidhkar: (no.122)
Transmitted by Nasa’i in al-Kubri (2/198 hadith no.3045) from the hadith of Abdurahman Ibn al-Qasim from Malik that he said: Ibn Shihab narrated to me and there is a marfu shahid (witness) with Ahmad (2/250 hadith no.7406) and its chain is authentic, and see Sahih Bukhari (no.887) and Sahih Muslim (no.252) and the coming hadith: (no.321)
[UNDERSTANDING FROM THE HADITH]
1) Using a toothbrush-stick (Miswak) is not obligatory (wajib) rather it is Sunnah and it is from the fitra (religion of Islam). (see Sahih Muslim: (no.261))
2) It is obligatory to act upon the command of the Messenger of Allah (Sallalahu Alayhi Was-Sallam) unless there is an authentic proof and a clear indication that restricts it from being obligatory.
3) The Messenger of Allah (Sallalahu Alayhi Was-Sallam) was very compassionate to his community. He used to specifically care about his community all the time. Allah the most High sent him as a mercy for the whole world. Also see Surah at-Tawbah (ayah 128).
4) The toothbrush-stick (Miswak) is a way to clean the mouth and also gain the pleasure of The Rab (Allah). (Sunan an-Nasa’i (1/10) hadith (no.5) and its chain is [Hasan] good and hadith is authentic)
5) The toothbrush-stick (Miswak) should be washed before it is used. (Sunan Abu Dawud: (no.52) and its chain is Hasan li dhatihi and Nawawi declared it [Hasan] good in al-Majmu (1/283)
6) The toothbrush-stick (Miswak) of the mother of the believers Maymuna (RadiAllahu Anha) used to be soaked (in water) (ie the the Miswak she used to use). (Mussanaf Ibn Abi Shaybah (1/170) hadith (no.1801), and its chain is [Hasan] good)
7) Ibn Umar (RadiAllahu Anhu) felt that there was no problem in using the toothbrush-stick (Miswak) whilst fasting. (Ibn Abi Shaybah (3/35) hadith (no.9149) and its chain is authentic) He used to say: There is no problem using a toothbrush-stick (Miswak) when it is either dry or wet. (Ibn Abi Shaybah (3/37) hadith (no.9173) and its chain is authentic) Some scholars opined that it is makruh (disliked) to use a wet toothbrush-stick (Miswak) however the view which is most correct is that there is no problem in using a wet toothbrush-stick (Miswak).
8) Imam Sha’bi (Tabi’i) said, “The toothbrush-stick (Miswak) is a cleanser of the mouth and the light of the eyes. (Ibn Abi Shaybah (1/170) hadith (no.1796), and its chain is authentic)
9) There is no contradiction in the ruling of using the toothbrush-stick (Miswak) before every prayer and ablution (wudu). This means the toothbrush-stick (Miswak) which is used before the prayer will also be used before the ablution. It is allowed to use the toothbrush-stick before (Miswak) every prayer. And Allah knows best.