Bukhari

Explanation:
This is a part of a lengthy hadith which has been narrated in the Book of Conditions (Kitab al-Shurut), and it pertains to the incident of the Treaty of Hudaybiyyah, when ‘Urwah ibn Mas‘ud al-Thaqafi came from the polytheists to speak with the Prophet sallallahu alayhi wa sallam. Upon returning, he described to the polytheists of Makkah, in an impassioned manner, the devotion of the noble Companions radi Allahu anhum, stating that they are such true devotees that when any water remains from your ablution (wudu), they rush to take it as if they are about to fight and die for it. From this, it is also established that used water (āb-i musta‘mal) is pure.

«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 in such a state that they would obtain the leftover water from his ablution and apply it to themselves.” [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 (wudu) 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 correctly established.
❀ 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 (fuqaha) have differed regarding the ruling on 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 reported view of Imam Layth rahimahullah, Imam Awza‘i rahimahullah, Imam Ahmad rahimahullah, and according to one narration, Imam Malik rahimahullah.
(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 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 (ghusl) for major impurity and ablution (wudu) 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 to be 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 perform ritual bath (ghusl) 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 aforementioned hadith is that the water may become used and thus no longer 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 Hurairah 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 the strangest of the opinions we have quoted from the Hanafis 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:
This is a part of a lengthy hadith which has been narrated in the Book of Conditions (Kitab al-Shurut), and it pertains to the incident of the Treaty of Hudaybiyyah, when ‘Urwah ibn Mas‘ud al-Thaqafi came from the polytheists to converse with the Prophet sallallahu alayhi wa sallam.
Upon returning, he described to the polytheists of Makkah the passionate devotion of the noble Companions radi Allahu anhum, stating that they are such true devotees that when any water remains from your ablution (wudu), they rush to take it as if they are about to fight one another for it.
From this, it is also established that used water (āb-i musta‘mal) is pure.

Hadith Commentary:
1.
Imam Bukhari rahimahullah has deduced evidence from an incident involving Hazrat Mahmood bin Rabi’ radi Allahu anhu. This deduction can only be correct if the established chapter heading is broadened; otherwise, not only is there no complete ablution (wudu’ tam), there is not even an incomplete ablution (wudu’ naqis) here. It is as if Imam Bukhari rahimahullah is generalizing the use of water; rinsing the mouth (kulli) is also a form of using water. Therefore, in his view, however water is used, the ruling is the same for all.
The purpose of the blessed act of the Messenger of Allah sallallahu alayhi wa sallam was to impart blessing (barakah), and for blessing, purity (taharah) is necessary.
It should be noted that Hazrat Mahmood bin Rabi’ radi Allahu anhu was five years old at the time when the Messenger of Allah sallallahu alayhi wa sallam took water from a bucket in his house and rinsed his mouth, sprinkling it on him.
(Sahih al-Bukhari, al-‘Ilm, Hadith: 77)
2.
In this regard, Imam Bukhari rahimahullah has also presented another narration, which Hazrat ‘Urwah bin Zubair radi Allahu anhu transmitted from Hazrat Miswar bin Makhramah radi Allahu anhu and Marwan bin Hakam.
Imam Bukhari rahimahullah has mentioned it with a chain of narration at another place.
In it, ‘Urwah bin Mas’ud al-Thaqafi expresses his impressions regarding the passionate devotion of the noble Companions radi Allahu anhum towards the Messenger of Allah sallallahu alayhi wa sallam. He says:
By Allah! I have gone as an envoy to the courts of Caesar, Chosroes, the Negus, and other kings and rulers. I have never seen any king’s courtiers show him as much reverence as the Companions of Muhammad sallallahu alayhi wa sallam show him.
By Allah! If he spat, his Companions would catch it in their hands and rub it on their faces and bodies.
If he commanded them, each would hasten to fulfill it before the other.
If he performed ablution (wudu), it would seem as if there would be a fight over the leftover water from his ablution.
When he spoke, silence would prevail.
All the Companions would listen attentively; such was the awe of him in their hearts that they could not look at him directly.
(Sahih al-Bukhari, al-Shurut, Hadith: 2731, 2732)
3.
Imam Bukhari rahimahullah wants to establish from this hadith that water which has been used once can be used again, and the point of inference is these words:
The Companions radi Allahu anhum would scramble for the water from the ablution of the Messenger of Allah sallallahu alayhi wa sallam and would not let it fall to the ground.
There are two possibilities in this:
(1)
They would strive to obtain the water left in the vessel after ablution.
(2)
They would rush to obtain the used water (ma’ musta’mal); but competing for the used water is more likely, because in it there is greater light and blessing due to contact with the blessed body.
4.
From this hadith, it is evident that the Companions radi Allahu anhum had immense love and devotion for the Messenger of Allah sallallahu alayhi wa sallam, and would sacrifice their lives for his every gesture.
However, according to Islahi Sahib, this devotion is questionable.
He writes:
“As for the last part of the narration, that people would break into pieces over the water of ablution, in my view this is an addition by Ibn Shihab, which he tries to validate by saying that so-and-so and so-and-so confirmed it.
Ibn Shihab made this addition only to show that the Muslims’ devotion to the Messenger sallallahu alayhi wa sallam was like that of blind and deaf people.
If anyone can say this, it is only ordinary simple people.
That is why you will not find in any narration that Sayyiduna Abu Bakr radi Allahu anhu or Sayyiduna ‘Umar radi Allahu anhu ever did such a thing.”
(Tadabbur Hadith: 1/289)
The venom that has been spewed in this passage regarding the great hadith scholars and even the noble Companions radi Allahu anhum is not hidden from the readers.
Its basis is not scholarly evidence, but rather the cunning intellect of these gentlemen.
On this, our following observations are:
(1)
The kind of emotions and feelings that ‘Urwah bin Mas’ud al-Thaqafi radi Allahu anhu expressed before his people regarding the Companions radi Allahu anhum was not only a pressing need of the time but also a clear proof of their heartfelt connection and sincere devotion to the Messenger of Allah sallallahu alayhi wa sallam, which Islahi Sahib has mocked by calling it “the devotion of blind and deaf people.”
The matter was only about the Companions radi Allahu anhum competing to obtain the water from the Messenger of Allah’s sallallahu alayhi wa sallam ablution.
To describe this as “the devotion of blind and deaf people” is strange.
Whereas, in another narration in Sahih Bukhari itself, it is mentioned that the Prophet sallallahu alayhi wa sallam washed his hands and face in water and rinsed his mouth in it, then ordered Hazrat Abu Musa al-Ash’ari radi Allahu anhu and Hazrat Bilal radi Allahu anhu to drink from that water.
Hazrat Umm Salamah radi Allahu anha told them to save some of this blessed water for her as well.
(Sahih al-Bukhari, al-Maghazi, Hadith: 4328)
Should this too be called “the devotion of blind and deaf people”? The aforementioned narration is brief.
In another place, in a detailed narration, the emotions of Hazrat Abu Bakr radi Allahu anhu and Hazrat ‘Umar radi Allahu anhu are also mentioned.
When ‘Urwah bin Mas’ud radi Allahu anhu said to the Messenger sallallahu alayhi wa sallam that when calamity strikes, your Companions will abandon you and flee,
Hearing this, Hazrat Abu Bakr al-Siddiq radi Allahu anhu could not control his emotions and replied in these words:
“Go and suck the private parts of your idol Lat.”
What pearls of wisdom will you offer regarding this reply of Hazrat Abu Bakr al-Siddiq radi Allahu anhu? Similarly, on the occasion of Hudaybiyyah, Hazrat ‘Umar radi Allahu anhu expressed his feelings regarding the conditions set by the Quraysh in these words:
“O Messenger of Allah sallallahu alayhi wa sallam! If we are upon the truth, why should we accept their pressure and humiliate our religion?” Hazrat ‘Umar radi Allahu anhu says:
I performed many good deeds to make up for this hastiness of mine.
What are Islahi Sahib’s remarks regarding Hazrat ‘Umar radi Allahu anhu?