Bukhari

Benefits and Issues:
Relevance between the Chapter and the Hadith:
By “the leftover water of ablution” is meant the water that remains in the vessel after performing ablution, i.e., the water that the person performing ablution uses, and the water that drips from his limbs is called “used water” (ma’ musta‘mal). Imam al-Bukhari rahimahullah established the chapter regarding the use of people’s leftover ablution water, in response to those who consider leftover water to be impure. Imam al-Bukhari rahimahullah, after mentioning the action of Sayyiduna Jarir ibn ‘Abdullah radi Allahu anhu, then cited the hadith. The narration of Sayyiduna Jarir ibn ‘Abdullah radi Allahu anhu has been recorded by Imam Ibn Shaybah rahimahullah and al-Daraqutni rahimahullah. In one version, it is mentioned that Sayyiduna Jarir radi Allahu anhu would use a miswak and then dip its end into the water. By doing so, that water became “used,” and when he instructed his family to perform ablution with it, that water was considered pure. [ديكهئيے فتح الباري ج1 ص 390]

As for the connection between the chapter and the hadith, the purpose of establishing the chapter is precisely to show the permissibility of performing ablution with people’s leftover water. In the hadith, it is mentioned that water was brought to the Messenger of Allah sallallahu alayhi wa sallam, he performed ablution, and then people began to take the leftover water from his ablution and apply it to their bodies. It is thus evident that the Companions applied the used water of the Prophet sallallahu alayhi wa sallam to their bodies. This indicates that the leftover water of ablution is pure, for if it is established that it was applied to the body, then performing ablution with it is even more appropriate. This is because some people think that the leftover water of ablution is not pure.

◈ Ibn al-Munir rahimahullah says:
«قلت : مقصود : ”الرّد على من زعم أن : الماء المستعمل فى الوضؤ لايتطهر به»“ [المتواري ص 71]
“I say that Imam al-Bukhari’s purpose is to refute those who do not consider the water used for ablution to be pure.”

◈ Hafiz Ibn Hajar rahimahullah says:
«وقد استشكل ايراد البخاري له فى هذا الباب المعقود لطهارة الماء المستعمل، واجيب بأنه ثبت ان السوك مطهرللفم . . . .»“ [فتح الباري ج1 ص290]
“And it has been considered problematic regarding the chapter that Imam al-Bukhari established, that the used water is pure, and it has been answered that the miswak purifies the mouth, then when it is mixed with the water and then ablution is performed with that water, this constitutes using used water for ablution.”

◈ Allamah Qastallani rahimahullah says:
«وتعقب العيني المؤلف بانه لا مطابقة بين الترجمته وهذا الاثر، لان الترجمة فى استعمال فضل الماء الذى يفضل من المتوضي ء، وهذا الاثر هوالوضؤ بفضل السواك . . . .» [ارشاد الساري شرح صحيح بخاري، ج1 ص278]
“Allamah ‘Ayni objected that there is no relevance between the chapter heading and the narration, because the chapter heading is about using the leftover water of the one performing ablution, while the narration refers to the water left over from the miswak. (Imam Qastallani responds:) Indeed, using the miswak is a means of purifying the mouth, and when it is mixed with the water and then ablution is performed with that water for purification, then if ablution with the water left over from the miswak is valid, then all the more so is the relevance between the chapter heading and the hadith. Certainly, the water left over from the miswak is pure for the one performing ablution to use for ablution.”

«ومستعمل وغير مستعمل»
“There is no difference between used and unused (water).”
Used (musta‘mal) water is pure (tahir), and its evidences are as follows:
❀ It is narrated from ‘Urwah and Miswar radi Allahu anhuma that
«وَإِذَا تَوَضَّأَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كَادُوا يَقْتَتِلُونَ عَلَى وَضُوئِهِ»
when the Prophet sallallahu alayhi wa sallam performed ablution (wudu), the Companions radi Allahu anhum would come close, lest they begin to quarrel over the leftover water from his ablution. [بخاري/ كتاب الوضوء /باب استعمال فضل وضوء الناس/ ح : 189، أحمد 329/4 - 330]
❀ It is narrated from Abu Juhaifah radi Allahu anhu that “Water for ablution was brought to the Messenger of Allah sallallahu alayhi wa sallam, and he performed ablution with it. The people were such that they would obtain the leftover water from his ablution and apply it (to their bodies).” [بخاري/ كتاب الوضوء /باب استعمال فضل وضوء الناس/ ح : 187]
❀ When Jabir radi Allahu anhu was ill, the Prophet sallallahu alayhi wa sallam poured his ablution water over him. [صحيح البخاري/كتاب المرضى/ بَابُ وُضُوءِ الْعَائِدِ لِلْمَرِيضِ:/ ح: 5676]
Used water is also purifying (mutahhir, i.e., it purifies). Although reasoning from the following evidences presented by the scholars for establishing this issue is questionable, the issue itself is correct.
❀ Rabi‘ bint Mu‘awwidh radi Allahu anha states that
«أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَسَحَ بِرَأْسِهِ مِنْ فَضْلِ مَاءٍ كَانَ فِي يَدِهِ»
“The Prophet sallallahu alayhi wa sallam wiped his head with the excess water that was in his hand.” [سنن ابي داود ح: 130] 1
❀ It is narrated from Ibn ‘Abbas radi Allahu anhuma that one of the wives of the Prophet sallallahu alayhi wa sallam performed a ritual bath (ghusl) in a tub, then the Prophet sallallahu alayhi wa sallam came to perform ablution or ritual bath from that tub. She said: O Messenger of Allah! Indeed, I was in a state of major ritual impurity (junub). The Messenger of Allah sallallahu alayhi wa sallam replied:
«إِنَّ الْمَاءَ لَا يُجْنِبُ»
“Indeed, water does not become impure.” [أبو داود 68] 2
It should be noted that, according to the jurists (fuqaha), used water refers to water that has been used for removing major ritual impurity (janabah), or for removing minor ritual impurity (i.e., ablution or ritual bath), or for removing filth (najasa), or for acts done with the intention of drawing near to Allah for reward (such as performing ablution after ablution, or for the funeral prayer, or for entering the mosque, or for holding the Qur’an, etc.). [فتح القدير 58/1] 3

The jurists have differed regarding the ruling of used water.
(Abu Hanifah rahimahullah, Shafi‘i rahimahullah) It is not permissible under any circumstance to attain purification with such water. This is also the view transmitted from Imam Layth rahimahullah, Imam Awza‘i rahimahullah, Imam Ahmad rahimahullah, and according to one narration, from Imam Malik rahimahullah as well.
(Malikis) In the presence of used water, dry ablution (tayammum) is not permissible.
(Abu Yusuf rahimahullah) Used water is impure (najis) (note that he is unique in this opinion).
(Ahl al-Zahir) There is no difference between used water and absolute (unrestricted) water (i.e., just as absolute water is pure and purifying, so too is used water pure and purifying). This is also narrated in one report from Imam Hasan, Imam ‘Ata’, Imam Nakha‘i, Imam Zuhri, Imam Mak‘hul, and Imam Ahmad rahimahumullah ajma‘in. [بدائع الصنائع 66/1] 4
(Preferred/Correct View) Used water is pure and purifying, as the evidences have been mentioned at the beginning.
(Shawkani rahimahullah) It is valid to attain purification with used water. [نيل الأوطار 85/1]
(Ibn Rushd rahimahullah) Used water, in its ruling, is just like absolute water. [بداية المجتهد 55/1]
(Siddiq Hasan Khan rahimahullah) The truth is that water does not lose its purifying quality merely by being used. [الروضة الندية 68/1]
(Ibn Hazm rahimahullah) It is permissible to perform ritual bath for major impurity (ghusl janabah) and ablution with used water, regardless of whether other water is available or not. [المحلى بالآثار 182/1]

The evidences of those who do not consider used water purifying, and a critique of them
❀ The Messenger of Allah sallallahu alayhi wa sallam forbade a man and woman from bathing with each other’s leftover water, but if they both scoop water together, then there is no harm in it. [سنن ابن ماجه/ ح: 374] 5
The answer to this is that, due to the context of the hadiths permitting it, the prohibition in this hadith should be understood as a discouragement (nahi tanzihi). [سبل السلام 26/1]
As is narrated from Ibn ‘Abbas radi Allahu anhuma that the Prophet sallallahu alayhi wa sallam used to bathe with the leftover water of his wife Maymunah radi Allahu anha. [صحيح مسلم/ 323] 6
❀ The Prophet sallallahu alayhi wa sallam forbade urinating and bathing in standing water. [صحيح بخاري/ ح 239]
According to them, the reason for the prohibition (in the mentioned hadith) is that the water may become used and thus not purifying, so the Prophet sallallahu alayhi wa sallam forbade it. However, there is no evidence for this; rather, the most that can be said is that the reason for the prohibition is to prevent the water from becoming spoiled and its benefit being lost. This is supported by the statement of Abu Hurayrah radi Allahu anhu: “Let him take it (i.e., the water) out and use it.” [نيل الأوطار 58/1] 7
Imam Ibn Hazm rahimahullah writes that among the statements of the Hanafis that we have quoted, the strangest is that the used water from the ablution of a clean, pure Muslim is more impure than a dead mouse. [المحلى بالآثار 150/1]
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1 [حسن : صحيح أبو داود 120، كتاب الطهارة : باب صفة وضوء النبى، أبو داود 130، تر مذي 33]
2 [صحيح : صحيح أبو داود 16، كتاب الطهارة : باب الماء لا يجنب أبو داود 68، ابن ماجة 364، عارضة الأحوذي 82/1]
3 [كشاف القناع 31/1-37، المغني 10/1، ہداية المجتهد 26/1، بدائع الصنائع 69/1، الدر المختار 182/1، فتح القدير 58/1]
4 [والمجموع 151/1، المبسوط 46/1، بدائع الصنائع 66/1، مختصر الطحاوي 16، المغني 47/1، قوانين الأحكام الشرعية ص/40، اللباب 76/1، الأصل 125/1]
5 [صحيح : صحيح ابن ماجه 300، كتاب الطهارة وسننها : باب النهي عن ذلك، ابن ماجة 374، طحاوي 64/1، دار قطني 26/1]
6 [مسلم 323، كتاب الحيض : باب القدر المستحب من الماء فى غسل الجنابة . . .، احمد 366/1، بيهقي 188/1]
7 [نيل الأوطار 58/1، السيل الجرار 57/1، المحلي 186/1]
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Hadith Commentary:
➊
Hafiz Ibn Hajar rahimahullah has written that in the mentioned hadith, the "excess water of ablution" refers to the water that remained in the vessel after the Messenger of Allah sallallahu alayhi wa sallam performed ablution, which people then distributed among themselves and began to wipe on their faces.
Although it is also possible that it refers to the water that dripped from the noble limbs during ablution, which, in the terminology of the jurists, is called "used water" (mā’ musta‘mal).
This hadith is a clear proof of the purity of used water.
(Fath al-Bari: 1/386)
However, according to us, what is meant is the water that, after touching the noble limbs of the Messenger of Allah sallallahu alayhi wa sallam, would drip down; in this there are greater lights and blessings.
It was to obtain this blessed water that people began to scramble.
Imam Bukhari rahimahullah’s intent is that the water remaining in the vessel after ablution, or the water that drips from the limbs of the one performing ablution, can be used again.
This water is not impure, because something contaminated with impurity cannot be blessed.

➋
Those who, by calling used water (mā’ musta‘mal) "water of sin" (mā’ dhanūb), declare it impure and do not permit its use, regarding them Ibn Battal has written, quoting the hadith scholar Ibn al-Qassar, that the washing away of sins with this water is an established reality, but those sins do not dissolve into the water like salt so that it should be declared impure; thus, these sins do not, in terms of the Shari‘ah, affect the ruling of the water.
The Messenger of Allah sallallahu alayhi wa sallam explained to us by way of example that just as washing clothes removes their dirt, similarly, by performing ablution, a person’s body is cleansed from the filth of sins.
Then, it is also a fact that the water of ablution, when it first falls on the parts of the limbs being washed, if those parts became impure due to the mixing of sins, then how could the remaining parts of the limbs be purified by it? If this were the case, the one performing ablution would have to use new water for washing each part of the limbs, whereas no one holds this view.
(Sharh Ibn Battal: 1/290)

➌
This incident is from the Farewell Pilgrimage (Hajjat al-Wada‘), and the Messenger of Allah sallallahu alayhi wa sallam, while praying in the outskirts of Makkah, took care to have a sutrah (barrier) in front of him.
From this, it is understood that even in Masjid al-Haram or the Haram of Makkah, it is necessary for the imam and the individual praying alone to have a sutrah in front of them during prayer.
Accordingly, Imam Bukhari rahimahullah has established a chapter under this hadith regarding the necessity of a sutrah in both Makkah and elsewhere.
(Sahih al-Bukhari, al-Salat, Hadith: 501)

➍
The water that drips from the limbs during ablution may be considered "used" (musta‘mal) in the sense that it is no longer suitable for drinking to be offered to people, but if it falls on a garment, it does not render the garment impure.
If it were so, the Messenger of Allah sallallahu alayhi wa sallam would certainly have instructed to avoid it, just as he emphasized caution regarding the splashes of urine.
But it should be clear that the water that drips after touching the noble limbs of the Messenger of Allah sallallahu alayhi wa sallam is extremely blessed.
Whereas the water that drips from the limbs of an ordinary person is devoid of such goodness and blessing.