Nasai

Explanation:
That is, it is contrary to etiquette and cleanliness to urinate in the same water and then perform ritual bath (ghusl) with it.

Hadith Authentication (Takhrij al-Hadith):
[161۔ البخاري فى : 4 كتاب الوضوء : 68 باب البول فى الماء الدائم 239، مسلم 282، دارمي 730]

Linguistic Explanation:
«لَا يَبُوْلَنَّ» — Never urinate.
«الدَّائِم» — Something still and stationary.

Understanding of the Hadith:
It is understood that urinating in standing water, or bathing in it by immersing oneself after urinating, is prohibited and impermissible. Shaykh Abdullah Bassam rahimahullah states that the apparent meaning of the prohibition is that, whether the water is little or much, this act is unlawful. [توضيح الأحكام شرح بلوغ المرام 129/1]

Hadith Commentary:
1.
The first hadith under this heading, that "we are the last to come but the foremost," has no connection with the chapter title, even though some commentators have resorted to far-fetched interpretations to establish a link. In reality, Imam Bukhari rahimahullah has mentioned it as a sign so that its source may be indicated. The detail of this summary is that Abu Hurayrah radi Allahu anhu had two students:
* Abdur Rahman ibn Hurmuz al-A‘raj
* Hammam ibn Munabbih.
Both of them recorded the ahadith they heard from Abu Hurayrah radi Allahu anhu and preserved them in their respective collections. Imam Bukhari rahimahullah and Imam Muslim rahimahullah narrate ahadith from the compilations of both. When Imam Muslim rahimahullah narrates from them, he first brings the phrase as a sign:
(Fadhakara ahadith minha)
Then he begins the hadith with "The Messenger of Allah sallallahu alayhi wa sallam said," but Imam Bukhari rahimahullah, when narrating from them, brings the phrase:
(Nahnu al-akhiruna al-sabiqun)
at the beginning. In fact, Imam Bukhari rahimahullah has narrated the complete hadith independently in Kitab al-Jumu‘ah (875). This style can be observed in the following places through the chain of Abdur Rahman ibn Hurmuz al-A‘raj:
Ablution (wudu) (Hadith: 238),
Jihad (Hadith: 2956),
Blood Money (diyat) (Hadith: 6887),
Monotheism (tawhid) (74959).
In some places, he has narrated ahadith without this phrase, for example:
Kitab al-Tawhid, Hadith 7506, 7501, 7504, 7505.
Perhaps mentioning it once in the chapter was considered sufficient.
Similarly, through the chain of Hammam ibn Munabbih, this style is adopted in the following places:
(Sahih al-Bukhari, Iman wa al-Nudhur, Hadith: 6624 and Kitab al-Ta‘bir, Hadith: 7036)
Sometimes, ahadith are narrated through this chain without this phrase:
Ahadith al-Anbiya’ (Hadith: 3472),
Tawhid: (7498).
It should be noted that Imam Bukhari rahimahullah, besides al-A‘raj and Hammam, when narrating through the chain of Tawus, sometimes brings these words at the beginning, for example:
Kitab al-Jumu‘ah (Hadith: 896),
Ahadith al-Anbiya’ (Hadith: 3486).
2.
Imam Bukhari rahimahullah’s purpose in narrating the second hadith is that if urinating in stagnant water were permitted, it would open a way; when people start urinating in it, one day the water will inevitably become altered and impure, and then it will no longer be suitable for ritual bath (ghusl) and ablution (wudu). Therefore, the prohibition of urinating in stagnant water is to close this door, so that people do not render it unusable due to frequent urination.
3.
In the hadith, the words "al-da’im" (the stagnant) followed by "alladhi la yajri" (that which does not flow) are not descriptive adjectives, but rather are mentioned as a precaution. That is, there are two types of stagnant water (ma’ da’im):
* Stagnant non-flowing water, such as ponds and pools,
* Stagnant flowing water, such as wells whose water is replenished by flowing springs.
However, the mentioned attribute is not related to the ruling in such a way that it would establish permission to urinate in stagnant flowing water, because the contrary implication (mafhum mukhalafah) does not apply everywhere. Rather, such restrictions have other benefits, for example:
Here, the intent is to highlight the repugnance of urinating in water, as if the prohibition is specifically for stagnant water, especially that which does not flow, to emphasize the repugnance of urinating in it.
4.
The literalists (ashab al-zawahir) have interpreted this hadith in a peculiar way according to their own inclination, writing that the prohibition is specific to urination. If someone defecates in it, there is no harm, nor is there any prohibition; that is, both the person himself and others may perform ablution and ritual bath (ghusl) with that water. It is also permissible for the one urinating to urinate in a vessel and then pour it into the water, or to urinate nearby so that it flows into the water—there is no harm in performing ablution with such water either.
(al-Muhalla ibn Hazm: 1/35)
5.
Why was the first hadith narrated under this heading when it has no connection with the chapter title? We have already mentioned this, but for the "people of contemplation" (ashab tadabbur), casting doubt on the ahadith of Bukhari is a favorite pastime; they do not let any opportunity slip by. Thus, they have written:
But the question is, why did Imam Bukhari rahimahullah bring together two unrelated matters here, when, in consideration of the chapter, their connection was with the last part of the narration? He could have taken that and left the first part.
(Tadabbur Hadith: 1/329)

Hadith Commentary: Benefits and Issues:
From the aforementioned ahadith, it is established that one should not urinate in standing water. The Prophet (sallallahu alayhi wa sallam) did not specify a small or large quantity for standing water. He stated unconditionally that one should not urinate in stagnant water. However, this does not mean that one may urinate in flowing water. Since, generally, this situation arises with standing water, the Prophet (sallallahu alayhi wa sallam) specified it.

Similarly, after urinating in a vessel, to pour or throw it into standing water is also against the objective and spirit of the Shari‘ah. Therefore, it is extremely astonishing what is attributed to Dawud Zahiri, that the prohibition is specific to urinating, and that defecating or urinating in a vessel and then throwing it into standing water is not prohibited. (Sharh Nawawi: 1/1138)

This hadith also pertains to manners and ethics. To raise the issue of whether the water is little or much under this hadith is contrary to its actual purpose. Therefore, whether the standing water is little or much, in both cases, one should not urinate or defecate in it, because one may need to use that water for bathing, so then from where will he bathe?

Imam Nawawi rahimahullah writes that urinating in it is prohibited in every situation, whether one needs to bathe or not. (Sharh Nawawi: 1/138)

The objective is that urinating in water is contrary to manners and ethics. The specification of “standing” (rakid) water is only because if the need to bathe arises, then a person will feel aversion and disgust towards it.

Therefore, Imam Nawawi rahimahullah writes: By consensus, it is prohibited and disliked to urinate near a river if the urine can flow into it. (Sharh Nawawi: 1/138)

1:
By "standing water" is meant such water that does not flow like a river, such as the water of a pond or pool, etc.
It is prohibited to urinate in them, so defecating in them is even more strongly prohibited.
Whether this water is little or much, one should avoid introducing impurity (najasah) into it so that its foul odor does not increase further.
Standing water, in any case, tends to develop a stench.
If impurity (filth) is introduced into it, its stench will increase, and this will cause harm to the people around it.

Benefits and Issues:
➊ It is extremely necessary to keep the water of the reservoir and pond pure and clean, because this is among the basic needs of the general public.
➋ Although used (musta‘mal) water remains pure, it certainly becomes dirty. If there is a need for bathing (ghusl), one should bathe separately. If people begin to urinate in it, then it will undoubtedly become impure.

58. Commentary: There is a difference of opinion among the scholars regarding taking a wage for teaching hadith. According to some, it is not permissible to take a wage, while others consider it permissible—especially when the muhaddith (hadith scholar) does not engage in any work other than teaching hadith. According to Ya‘qub Duraqi, it is permissible to take a wage for this, and thus he used to accept payment for narrating this hadith. And from the statement of the Messenger of Allah sallallahu alayhi wa sallam: «إن أحق ما أخذتم عليه اجرا كتاب الله» “Indeed, among the things for which you may take a wage, the one most deserving of it is the Book of Allah.” [صحیح البخاري، الطب، حدیث : 5737]
its permissibility is also established. Therefore, in case of necessity, there is no harm in taking a wage for teaching hadith. However, to be greedy and desirous of it without necessity and despite having ample means is contrary to sincerity; therefore, one should avoid it. And Allah knows best.

221. Commentary:
➊ If a person in a state of major ritual impurity (junub) bathes (performs ghusl) by entering into still water, it can render the water unusable. Although the bathing of one person may not change the color, smell, or taste of the water, if permission is given, then as many people as wish could bathe in it. In this way, the possibility arises that the color, smell, or taste may change.
➋ Apart from impurity, for those who drink from it, it would naturally be disagreeable to use water in which people in a state of major ritual impurity (junub), along with their impurity, have bathed.

222. Commentary:
When it is not permissible for a person in a state of major ritual impurity (junub) to perform a ritual bath (ghusl) in standing water, then urinating in it is even more strictly prohibited, whether he performs the ritual bath afterward or not, because another person may also perform a ritual bath in it. The mention of the ritual bath is for the purpose of censure, meaning how reprehensible it would be to imagine that someone urinates there and then begins the ritual bath in the same place, whether this person does so or someone else. In any case, from this hadith, the prohibition of urinating in standing water is established. For further details, see: [حديث : 35]

332. Commentary: See Sunan an-Nasa'i Hadith: 35, 221, and 222 and their benefits and issues.

400. Commentary:

➊ In reality, Hisham bin Hisab (rahimahullah) used to narrate this hadith as marfu‘ (attributed to the Prophet sallallahu alayhi wa sallam), while Ayyub (rahimahullah) narrated it as mawquf (a statement of Abu Hurairah radi Allahu anhu himself). Therefore, the students sought clarification from Hisham. The gist of the answer is that this narration is established as marfu‘. Ayyub’s narrating it as mawquf was due to his caution. Many hadith scholars were hesitant to narrate a hadith as marfu‘ out of fear that something incorrect might be attributed to the Prophet sallallahu alayhi wa sallam, so they would stop at the Tabi‘i or Sahabi. However, this is excessive caution, and thus, there should be no doubt about the authenticity of the narration.

➋ In fact, this is a statement of the Prophet sallallahu alayhi wa sallam, which Abu Hurairah radi Allahu anhu transmitted. Some narrator attributed it to him (Abu Hurairah radi Allahu anhu) himself. From other narrators, without any doubt, this statement has been attributed to the Messenger of Allah sallallahu alayhi wa sallam.

➌ In the Arabic wording, the restriction of «الَّذِي لَا يَجْرِي» along with «الْمَاءُ الدَّائِمُ» is for further clarification.

➍ In flowing water, if there is a severe need, urination is permissible because the impurity will flow away with the water, or even dissolve, and no foul odor will be produced. However, as much as possible, it is better to avoid it.

398. Commentary: Standing water can be used for ablution (wudu) or ritual bath (ghusl), and this is its primary purpose and use. Therefore, one should not render it unusable by urinating in it, because if general permission is given, eventually that water will become foul. For further details, see: (Introduction to the Book of Waters and the benefits and issues of hadith: 35, 221, 222)

57. Commentary:
➊ Thus, in this narration, ‘Awf has two teachers: Muhammad ibn Sirin and Khallas, and both of them narrate this hadith from Abu Hurairah (radi Allahu anhu).
➋ The prohibition against urinating in stagnant water was due to the fact that it could cause the water to become impure, because repeated urination or the urination of several people could alter the color, smell, or taste of the water. In this way, the water would become unusable, and those performing ablution (wudu) or ritual bath (ghusl) would face difficulty.

Commentary:
(1)
The wisdom in the prohibition of performing ritual bath (ghusl) in standing water is that if one person after another bathes in it, the water will soon become unusable. Whereas, by taking water separately for bathing, the remaining water will stay clean and pure, and other people will be able to benefit from it.

(2)
This is among the virtues of Islam, that it guides towards such etiquettes in purification and cleanliness to which, in general, attention is not usually paid.

Benefits:

➊ Muhallab rahimahullah says: The prohibition of urinating in standing water will be examined according to the principles of jurisprudence (usul al-fiqh). Thus, if the water is abundant (kathir)—that is, more than two large containers—then the prohibition of urinating in standing water is one of dislike (tanzihi), because such water remains pure (tahir) as long as none of its three characteristics (color, taste, smell) change. However, if the water is little (qalil)—less than two large containers—then refraining from urinating in such water is obligatory (wajib), because if impurity falls into it, the water becomes corrupt (fasid).

[شرح ابن بطال: 377/1]

➋ Nawawi rahimahullah states: From the meaning of the hadith, it is understood that if the flowing water is abundant (kathir), then urinating in it is not forbidden (haram), but it is better (afdal) to avoid urinating in it. However, if the flowing water is little (qalil), then a group among our companions holds that urinating in it is disliked (makruh), but the preferred (rajih) opinion is that urinating in this small amount of water is forbidden (haram). According to the Shafi'i school, urine will render this water impure (najis), and an unaware person may unknowingly use this impure water.

[نووي: 186/3]

Lexical Explanation:
«الدَّائِمِ» refers to such stagnant water that does not flow.
«جُنُبٌ» is with a dammah on both the "jeem" and the "noon". It refers to one upon whom janabah has occurred. Janabah is a state that arises after ejaculation due to intercourse or a wet dream.
«ثُمَّ يَغْتَسِلُ فِيهِ» — in this, «ثُمَّ» is for expressing istib‘ad, i.e., remoteness, meaning it is far-fetched for a sensible person to do such a thing. And at the end of «يَغْتَسِلُ», dammah (raf‘) is also permissible, considering it as the predicate of a deleted subject («ھُوَ»). And sukun (jazm) is also permissible; in this case, it will be in conjunction with the place of prohibition in «لَا یَبُولَنَّ», and in the case of assuming «اَنْ» as implied, nasb (fathah) is also permissible.

Benefits and Issues:
➊ In the narration of Muslim, instead of «فِیهِ», there is «مِنْهُ». If it is «فِیهِ», then it means that entering into this water and immersing oneself is prohibited. And if it is «مِنْهُ», then it means that even taking water from it in a vessel and performing ritual bath (ghusl) separately is also prohibited. In any case, from the narration of Sahih Muslim, only the prohibition of performing ritual bath (ghusl) is derived, and in the narration of Sahih Bukhari, the prohibition of both urinating in it and performing ritual bath (ghusl) in it together is mentioned, whereas according to the narration of Abu Dawud, both are individually prohibited, i.e., urinating in it is also forbidden and taking some water from it to bathe is also prohibited. The conclusion from all the narrations is that all these actions are prohibited.
➋ This is because if stagnant water is in a small quantity, then it will become impure, and if it is in a large quantity, then urinating and performing ritual bath (ghusl) in succession will cause a change in the characteristics of the water. Thus, the prohibition is for tahrim (strict prohibition) when the water is in a small quantity, and when the water is in a large quantity, then the prohibition is tanzihi (discouraged but not strictly forbidden), because water in large quantity is considered as running and flowing water, and it does not become impure or najis.

«ومتحرك و ساكن»
“There is no difference between flowing and still water.”
The majority of scholars hold this view. [الروضة الندية 66/1]
Those scholars who, based on the following hadith, have differentiated between flowing and still water and have said that still water becomes impure merely by the falling of impurity into it, whether or not any of its three characteristics change, and that the reason for the prohibition in this hadith is that when one bathes in still water, it becomes used (musta‘mal), and used water does not purify—this statement of theirs is incorrect; rather, it is false and baseless, because there is no Shari‘ evidence to establish it. Therefore, water remains upon its original state (purity) until one of its three characteristics changes. As for this hadith, it only contains the prohibition of urinating or bathing in still water, and for the one who urinates, it is prohibited to perform ritual bath (ghusl) or ablution (wudu) with it. Other than this, a person may benefit from this water, and for anyone other than the one who urinated, it is permissible and allowed to perform ritual bath or ablution with it. [المحلى بالآثار 186/1، الأحكام لابن حزم 21/1]
The method of bathing with still water is that water should be taken out with a vessel and then used for bathing, as narrated by Abu Hurairah radi Allahu anhu. «يَتَنَاوَلُهُ تَنَاوُلًا» [صحيح مسلم/ فواد: 283، دارالسلام: 658]
(Al-Albani), giving preference to this, writes that the hadith only prohibits the one in a state of major ritual impurity (junub) from immersing himself in still water for bathing, while from the words of Abu Hurairah radi Allahu anhu it is understood that taking water out and then purifying oneself with it is correct. [التعليقات الرضية على الروضة الندية 98/1]
The relevant ahadith are as follows:
❀ It is narrated from Abu Hurairah radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
«لَا يَبُولَنَّ أَحَدُكُمْ فِي الْمَاءِ الدَّائِمِ الَّذِي لَا يَجْرِي، ثُمَّ يَغْتَسِلُ فِيهِ»
“None of you should urinate in still water and then bathe in it.” [صحيح البخاري/ ح: 239]
❀ In Jami‘ at-Tirmidhi, the wording is:
«ثُمَّ يَتَوَضَّأُ مِنْهُ» “Then perform ablution with it.” [سنن ترمذي/ ح: 68]
❀ In Sunan Abi Dawud and Musnad Ahmad:
«لَا يَبُولَنَّ أَحَدُكُمْ فِي الْمَاءِ الدَّائِمِ وَلَا يَغْتَسِلُ فِيهِ مِنَ الْجَنَابَةِ»
“None of you should urinate in still water, nor should he perform ritual bath for major impurity (ghusl janabah) in it.” [سنن ابي داود/ ح: 70]
❀ It is narrated from Jabir radi Allahu anhu that
«أَنَّهُ نَهَى أَنْ يُبَالَ فِي الْمَاءِ الرَّاكِدِ»
the Prophet sallallahu alayhi wa sallam prohibited urinating in still water. [صحيح مسلم/ فواد: 281، دارالسلام: 655]
❀ In another narration from Abu Hurairah radi Allahu anhu, it is also reported in marfu‘ form:
«لَا يَغْتَسِلْ أَحَدُكُمْ فِي الْمَاءِ الدَّائِمِ وَهُوَ جُنُبٌ»
“None of you should bathe in still water while in a state of major ritual impurity (janabah).” [صحيح مسلم/ فواد:283، دارالسلام: 658]1
(‘Allamah ‘Ayni) says that this hadith is general, and by consensus it is necessary to specify it—either with such a large body of water that movement at one end does not affect the other end, or with the hadith of the two qullahs, as is the view of Imam Shafi‘i rahimahullah, or with such generalities that indicate water remains pure until one of its three characteristics changes, as is the position of Imam Malik rahimahullah. [عمدة القاري 50/3]
(Shawkani) There is no statement from the Lawgiver (shari‘) in this hadith that the reason for the prohibition is that the water will become used (musta‘mal) and used water does not purify. Rather, at most, what can be derived is that the reason for the prohibition (of urinating or bathing in it) is the fear of the water becoming spoiled due to its stillness. [السيل الجرار 57/1]
(Ibn Hazm) The statement of those who say that the Prophet sallallahu alayhi wa sallam prohibited the one in a state of major ritual impurity (junub) from entering still water lest the water become used (musta‘mal) is false. [المحلی 186/1]
(Nawawi) The hadith prohibiting a person in a state of major ritual impurity (junub) from bathing by entering still water is evidence that this act is disliked (makruh tanzihi). [شرح مسلم 189/3]
There are different opinions regarding flowing water:
➊ That which is considered flowing in common usage.
➋ That in which dry straw would float away.
➌ Water such that when a person fills his hands again for ablution, due to the movement, new water comes to his hands instead of the previous water. [فتح القدير 83/1]
(Preferred) The first opinion is preferred.
* * * * * * * * * * * * * *

Benefit:
It is prohibited to urinate in standing water, but performing ablution (wudu) or ritual bath (ghusl) with standing water is permissible, with the condition that the water is nearby. Generally, people perform ritual baths, etc., in standing water; therefore, one should not urinate in it. And this does not mean that it is permissible to urinate in flowing water—absolutely not. Similarly, it is also not permissible to defecate or the like in water.