Tirmidhi

1⎖:
This hadith indicates that it is permissible to attain purification (ritual bath [ghusl] and ablution [wudu]) using water left over by a woman.

326. Commentary: Although the mentioned narration is weak in its chain of transmission, it is authentic based on other evidences, especially since this very narration in meaning is authentically reported from Ibn Abbas (radi Allahu anhuma) in Sahih Muslim. The researcher of the book has also indicated this in his research. See: [صحیح مسلم، الحیض، حدیث : 323]

Benefits and Issues:
➊ This narration is weak in its chain of transmission. However, in the hadith of Sahih Muslim, the same matter is mentioned: that the Messenger of Allah (sallallahu alayhi wa sallam) used to perform ritual bath (ghusl) with the water left over by Sayyidah Maymunah (radi Allahu anha). [صحيح مسلم حديث : 323]
It is probably for this reason that Shaykh al-Albani rahimahullah has declared the hadith of Sunan Abi Dawud [68] to be authentic.
➋ From this, it is understood that the leftover water used by a person in a state of major ritual impurity (junub) remains pure and usable.
➌ And the hadith in which men and women are prohibited from using each other's leftover water, that prohibition is of a recommended (not obligatory) nature (nahi tanzihi), i.e., it is better to act upon this prohibition. [سنن نسائي، حديث :239]

Commentary:
(1)
According to our esteemed researcher, this narration is weak in its chain of transmission; however, in a hadith from Sahih Muslim, the same matter is mentioned: that the Messenger of Allah (sallallahu alayhi wa sallam) used to perform ritual bath (ghusl) with the water left over from the ritual bath of Maymunah (radi Allahu anha). See: (Sahih Muslim, Book of Menstruation, Chapter: The Recommended Amount of Water for Ritual Bath after Janabah, Hadith: 233)
It is probably for this reason that Shaykh al-Albani (rahimahullah) has declared this narration to be authentic.

(2)
From this, it is understood that the water left over after use by someone in a state of major ritual impurity (junub) remains pure and permissible for use.

Lexical Explanation:
«لِأَصْحَابِ السُّنَنِ» refers to Abu Dawud, Tirmidhi, Nasa’i, Ibn Majah, as well as Darimi, Darqutni, Ibn Khuzaymah, and Hakim.
«جفنة» is pronounced with a fatha on the letter “jeem” and a sukoon on the letter “fa”. It means a large bowl. Common people call it «اجانة» (a leather basket).
«لِيَغْتَسِلَ مِنْهَا» so that they may perform ritual bath (ghusl) with its water.
«فَقَالتْ لهُ : اِنّي كنت جنباً» means that I have performed ritual bath (ghusl) with this water, and this is the leftover water from my ghusl.
«لا یَجْنب» junub (one in a state of major ritual impurity), the word can be read with the pattern of «سَمِعَ» and «كَرُمَ», and it is also possible that it is on the pattern of “af‘aal”. Its meaning is that if a person in a state of janabah (major ritual impurity) takes water from a vessel to perform ritual bath (ghusl), the remaining water does not become impure due to this.

Benefits and Issues:
➊ This hadith establishes the permissibility for a man to perform ritual bath (ghusl) with water left over by a woman. By analogy, it is also permissible for a woman to perform ritual bath with water left over by a man. However, no one should misunderstand from this hadith that it contradicts the previous hadith. In reality, the Messenger of Allah (sallallahu alayhi wa sallam) said this for the ease and facilitation of the ummah, and demonstrated it through his own action. Both ahadith are authentic in their own context.
➋ The prohibition in the previous hadith is a prohibition of dislike (tanzihi), not of strict prohibition (tahrimi). This hadith indicates permissibility, while the previous hadith indicates that abstaining is preferable; thus, avoiding it is better.

Narrators of the Hadith:
SR Sayyiduna Abdullah ibn Abbas (radi Allahu anhuma): ER His name was Abdullah ibn Abbas ibn Abd al-Muttalib. He is the same Companion who was honored as the leader of this ummah and the ocean of knowledge. He was very intelligent. Due to his scholarly leadership, he is above introduction, for the Prophet (sallallahu alayhi wa sallam) prayed for him to be blessed in knowledge, wisdom, jurisprudence, and interpretation. He was born three years before the Hijrah and passed away in the year 67 AH at the place of Ta’if.
SR Sayyidah Maymunah (radi Allahu anha): ER Maymunah bint Harith Hilaliyyah. The Messenger of Allah (sallallahu alayhi wa sallam) married her in the 7th year of Hijrah on the occasion of ‘Umrat al-Qada. She passed away in 61 or 51 or 66 AH.

«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 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 a 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 the 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 a 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 might 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, who said: “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: Benefits and Issues:
From this hadith, it is understood that a man can perform ritual bath (ghusl) using the water left over by a woman after her ritual bath. This is the view of Imam Abu Hanifah rahimahullah, Imam Malik rahimahullah, Imam Shafi'i rahimahullah, and the majority of scholars.
According to Imam Ahmad and Dawud al-Zahiri, if a woman has performed ritual bath alone, then it is not permissible for a man to perform ritual bath with the water left over by her.
One narration from Imam Ahmad rahimahullah is in agreement with the other Imams.
The requirement of authentic ahadith is that performing ritual bath with such water is permissible.
Except in the case where the woman, while performing ritual bath, does not act with caution and care, and pours the used water back into the vessel—in such a situation, a person naturally feels aversion to using such water.