Nasai

343. Commentary: See Sunan an-Nasa'i Hadith 71 and its benefits and issues.

Hadith Commentary:
1.
In this hadith, it is mentioned that men and women used to perform ablution (wudu) together.
For this, the word (jami‘an) is used.
This has two meanings:
(كلهم)
This means that all of them used to perform ablution.
In this, the consideration of time is not present, i.e., all used to perform ablution, whether at different times.
(ma‘an)
According to this word, the consideration of time will also be present, i.e., they would perform ablution together at the same time. So it is possible that men and women performing ablution together refers to an incident before the revelation of hijab, or it refers to those men and women who are mahram (unmarriageable kin) to each other.
It is also possible that it refers to husband and wife.
Another meaning given to this hadith is that men would gather and perform ablution in one place, and women would gather and perform ablution separately in another place.
(Fath al-Bari: 1/392)
However, in one narration it is explicitly stated that all used to perform ablution from the same vessel.
(Sunan Abi Dawud, Book of Purification, Hadith: 79)
Therefore, this last interpretation does not seem correct.
2.
Imam Bukhari rahimahullah has used this narration as evidence for his point in the following way: When, in the time of the Prophet sallallahu alayhi wa sallam, men and women used to perform ablution together and the vessel was also one, and they would put their hands in it to perform ablution, it was not possible to be so cautious that the hands of men and women would enter the vessel at exactly the same time and leave at exactly the same time. Nor is it necessary that all would finish ablution at the same time.
If a man finished first, then the remaining water would be left for the woman, and if the woman finished first, then that water would remain for the man.
If the remaining water for either of them was impermissible or unlawful to use, then such permission would never have been given in the time of the Messenger sallallahu alayhi wa sallam.
When, collectively, no harm results, then individually there should also be no harm.
However, in one hadith it is mentioned that the Messenger of Allah sallallahu alayhi wa sallam forbade a man from performing ablution with water left over by a woman.
(Sunan Abi Dawud, Book of Purification, Hadith: 82)
The great hadith scholars have given several answers to this, which are as follows:
(a)
The prohibition relates to the water that falls from the limbs during ablution, which is called used water (ma’ musta‘mal), and the permissibility relates to the water that remains in the vessel after performing ablution.
(b)
The prohibition is not for unlawfulness (tahrim) but is for dislikedness (karahat tanzihiyyah), and this type of dislikedness can coexist with permissibility.
Thus, for a man to use water left over by a woman is contrary to what is preferable.
But according to us, the answer is that generally women are less careful regarding purification, so men were instructed not to reuse water already used by women.
This takes into account the general condition of people, and thus the distinction between collective and individual situations is maintained.
If men and women perform ablution together collectively, no one finds it objectionable, but if a woman leaves water behind, a man may feel aversion to using it—just as eating together at one place does not bother anyone, but eating someone’s leftovers may cause hesitation.
On this basis, neither is it prohibited to perform ablution together at the same time collectively, nor is a woman prohibited from using water left over by a man; rather, only the man is prohibited from using water left over by a woman.
This takes into account the general inclinations of people.
The Shari‘ah seeks to block doubts and misgivings so that worship is performed with an open heart.
And Allah knows best.

Benefits and Issues:
➊ This situation must have occurred before the command of hijab, and after hijab, this matter became restricted between husbands and their wives or between mahrams. And the issue established here is that the used (leftover) water of a woman, whether she is a mahram or non-mahram, is pure, and it is permissible to perform ablution (wudu) and ritual bath (ghusl) with it.

➋ When a woman can use the used (leftover) water of a non-mahram man, it is also established from this that a woman can eat the leftover food of a non-mahram man. There is no evidence in the Shari‘ah prohibiting this. «والله أعلم»

71. Commentary: The purpose of this chapter is to show that placing one’s hand in water does not render the water impure (juthā) such that another person would be unable to use it. Therefore, multiple people (men and women) can simultaneously place their hands in a single vessel and perform ablution (wudu). However, it is necessary to note that if the woman is careless, then after her performing ablution, a man should not use that water for ablution, because she may not be cautious about splashes, etc. It should be remembered that in this hadith, the men and women referred to are those of the same household (husband and wife), not non-mahram individuals from different households, because Islam does not permit the intermingling of men and women. Alternatively, this hadith may refer to a time before the rulings of hijab (covering) were revealed. And Allah knows best. This is the opinion adopted by Hafiz Ibn Hajar rahimahullah. See: [فتح الباری : 392/1 ، تحت حدیث : 193]

Commentary:
(1)
It was mentioned in the previous chapter that husband and wife can perform ritual bath (ghusl) together from the same vessel.
From this, it is established that they can also perform ablution (wudu) together.
The ahadith of this chapter explicitly prove that this is permissible.

(2)
The meaning of men and women performing ablution together can refer to husband and wife performing ablution together, and it can also mean mahram men and women performing ablution together, because the limbs of ablution can be exposed in front of a mahram.
By mahram is meant those relatives with whom marriage is permanently forbidden, for example:
mother, son, sister, brother, and father, daughter, etc.
A woman has not been commanded to observe veiling (hijab) from these relatives.
Those individuals with whom marriage is temporarily forbidden are not considered mahram, because marriage with a sister-in-law is only forbidden as long as her sister (the wife)
is in the marriage bond.
If the wife passes away or is divorced, then marriage with her sister (the sister-in-law)
becomes permissible.

Benefit:

... In the narration of Ibn Majah, it is clarified that they used to perform ablution (wudu) from a single vessel, and in the narration of Abu Dawud, it is mentioned that the hand would be inserted into the vessel. Also, this matter either pertains to the time before the revelation of the verses of veiling, or the men referred to are husbands and mahram (unmarriageable kin) relatives. In short, placing the hand into the vessel after washing it does not render the water impure, even if the person is in a state of major ritual impurity (junub). Men and women can perform ablution (wudu) together from the same vessel, and they can also use the leftover water of one another, just as the Messenger of Allah (sallallahu alayhi wa sallam) performed ritual bath (ghusl) from the water left over by Umm al-Mu’minin, Sayyidah Maymunah (radi Allahu anha), and said:

«ان الْمَاءَ لَا يُجنِبُ»

“Indeed, water does not become impure due to janabah (major ritual impurity).”

[ترمذي: 65، ابن ماجه: 370، اس كي سند صحيح هے]

As for the hadith in which the Messenger of Allah (sallallahu alayhi wa sallam) forbade a man from performing ablution (wudu) with the water left over by a woman,

[ابو داود: 82، ترمذي: 64، ابن ماجه: 373]

then that is to be understood as indicating dislikedness of a lesser degree (karahat tanzihiyyah), meaning it is better not to do so, but if it is done, it is permissible. Some have also considered it abrogated or less preferred.

Takhrij al-Hadith: [وأخرجه البخاري 193، من حديث مالك به]
Jurisprudential Explanation:
➊ This narration can have two meanings:
First: Husband and wife or unmarriageable kin (mahram) would perform ablution (wudu) together in front of each other.
Second: Non-related men and non-related women would perform ablution together in front of each other.
◈ Among these, the first meaning is the preferred one, and if the second meaning is intended, then this was an action from before the command of veiling (hijab), which was abrogated by the verse of hijab.
➋ If a woman takes water from a vessel and performs ablution (wudu), and some water remains in it, then it is permissible for a man to perform ablution with that remaining water.