«كتاب الطهارة»
Issues of Purity
Linguistic explanation of the word «كتاب»:
The word «كتاب» means to gather, to combine, something in which is written, a document, an obligation, and a command, and it is the verbal noun of the chapter «كتب يكتب» (Nasr).
Technical definition:
A book is called a collection of issues that have a permanent status, whether it consists of many types (i.e., chapters) or not.
Linguistic explanation of «الطهارة»:
«الطهارة» means purity, cleanliness, being pure, to purify, and it is the verbal noun of the chapter «طهر يطهر» (Nasr, Karam). The word «طهور» (with a Damma on Ta) means “to purify” and is the verbal noun of the chapter «طهر». The word «طهور» (with a Fatha on Ta) means “pure or purifier” and is in the pattern “Fa’ool,” an adjective of resemblance. «طهر» means “the state opposite to the state of menstruation.” «تطهير» (Taf’il) means “to purify.”
Technical and Shariah Definition:
(Shafi’i, may Allah have mercy on him; Nawawi, may Allah have mercy on him) Removing ritual impurity and eliminating physical impurity is called purification.
(Hanbali, Maliki) Purification is a legal attribute that, when associated with its subject or present in it or for it, establishes the permissibility of prayer.
(Hanafi) Purification means attaining cleanliness from impurity, whether the impurity is physical (e.g., filth, feces, etc.) or legal, such as ritual impurity and lack of ablution.
«باب اقسام المياه»
Explanation of Types of Water
«باب» Linguistic Explanation:
In which issues related to one type are explained.
«اقسام المياه» Linguistic Explanation:
The word «مياه» is the plural of «مآء» (water). Although it is a singular noun, it is used in plural form to indicate different types (for example, water of wells, water of the sea, water of springs, etc.).
● Allah the Exalted says:
«وَأَنزَلْنَا مِنَ السَّمَاءِ مَاءً طَهُورًا»
“And We sent down pure water from the sky.”
● At another place, it is stated:
«وَيُنَزِّلُ عَلَيْكُم مِّنَ السَّمَاءِ مَاءً لِّيُطَهِّرَكُم بِهِ»
“And He sends down water from the sky to purify you thereby.”
❀ It is narrated from Hazrat Abu Saeed Khudri (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said: «الْمَاءُ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ» “Water is pure; nothing makes it impure.”
❀ Regarding the water of the sea, the Prophet (peace be upon him) said: «هُوَ الطَّهُورُ مَاؤُهُ الْحِلُّ مَيْتَتُهُ» “Its water is pure and its dead animals are lawful.”
● There is consensus on the purity and purification of plain water.
«لا يخرجه عن الوصفين إلا ما غير ريحه أو لونه او طعمه من النجاسات»
“No impurity is removed from it by anything except impurity that changes its smell, color, or taste.”
❀ Hazrat Abu Saeed Khudri (may Allah be pleased with him) narrates that it was asked from the Messenger of Allah (peace be upon him), can we perform ablution with the water of Bir Bada’ah? (Bir Bada’ah was an ancient well in which menstrual soiled clothes, pieces of dog meat, and foul-smelling items were thrown.) The Prophet (peace be upon him) replied: «الْمَاءُ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ» “The water is pure; nothing makes it impure.”
❀ It is narrated from Hazrat Abu Umamah Bahili رضي الله عنه that the Messenger of Allah صلی اللہ علیہ وسلم said:
«إِنَّ الْمَاءَ لَا يُنَجِّسُهُ شَيْءٌ، إِلَّا مَا غَلَبَ عَلَى رِيحِهِ، وَطَعْمِهِ، وَلَوْنِهِ»
“Indeed, nothing makes water impure except that the impurity’s smell, taste, or color becomes predominant in the water.”
Hafiz Busiri رحمه الله states that due to the weakness of the two narrators, the chain of this hadith is weak.
❀ In the narration of Baihaqi, these words are present:
«الماء طهور إلا إن تغير ريحه أو طعمه أو لونه بنجاسة تحدث فيه»
“Water is pure except when due to the falling of impurity its smell, taste, or color changes.”
In its chain, Rashdin bin Saad is a discontinued narrator, therefore this hadith is also not authoritative.
Imam Abu Hatim (may Allah have mercy on him) has declared its being mursal as authentic.
Imam Dar Qutni (may Allah have mercy on him) holds the position that this hadith is not established.
Imam Nawawi (may Allah have mercy on him) has narrated the consensus of hadith scholars on the weakness of this hadith.
Imam Ibn al-Mulqan (may Allah have mercy on him) states that the mentioned exception is weak.
Imam Haithami (may Allah have mercy on him) has also declared Rashdin bin Saad as weak.
(Rajih) Although the narrations with exceptions are weak, there is consensus on their correct and practical meaning, as Imam Ibn Mundhir, Imam Nawawi, Imam Ibn Qudamah, and Imam Ibn Malqan, may Allah have mercy on them all, have narrated consensus on this issue. Hazrat Ibn Abbas (may Allah be pleased with him), Hazrat Abu Hurairah (may Allah be pleased with him), Hazrat Hasan Basri, Hazrat Saeed bin Musayyib, Imam Ikrimah, Imam Ibn Abi Layla, Imam Thawri, Imam Dawood Zahiri, Imam Nakha’i, Imam Jabir bin Zaid, Imam Malik, Imam Ghazali, Imam Qasim, and Imam Yahya, may Allah have mercy on them all, also hold the same position.
«وعن الثاني ما أخرجه عن اسم الماء المطلق من المغيرات الطاهرة»
“And the other attribute (purifier) also removes such pure substances from it that do not allow it to remain simple (i.e., absolute) water.”
◈ Because the water that the Shariah has commanded us to use for purification is only that which can absolutely be called «مآء» (water), as mentioned in the Holy Quran: «مَاءً طَهُورًا»
and in the Hadith: «إِنَّ الْمَاءَ طَهُورٌ»
(The majority, Malik, Shafi’i) hold this view.
(Ibn Qudamah Hanbali) prefers the majority’s position.
(Ibn Hazm) As long as the word «مآء» (water) can be said about the water, it remains pure and purifying.
(Shawkani) Due to the presence of a pure substance, if the water cannot be called absolute water but is called by a specific name, for example, rose water, etc., then it will only be pure in itself but will not purify others.
(Hanafis) Water changed by the addition of a pure substance will also be purifying as long as this change is not due to cooking.
(The preferred) The majority’s position is preferred.
↰ To understand this issue, some detail is necessary, which is that if water contains something like saffron, soap, or flour, etc., which can mostly be separated, and the word “absolute water” can still be said about this water, then this water is both pure and purifying. But if that substance removes the name of absolute water from it, then the water will be pure in itself but will not purify others, as the following evidences indicate:
➊ «فَلَمْ تَجِدُوا مَاءً»
The Quran mentions absolute water for purification.
➋ It is narrated from Hazrat Umm Atiyyah (RA) that the Prophet Muhammad (PBUH) came to us when we were bathing your daughter. He (PBUH) said: Bathe her three or five times or even more if you feel necessary, “bathe her with water and leaves of the berry tree and finally add camphor.”
➌ Hazrat Umm Hani bint Abi Talib (RA) narrates that on the day of the conquest of Mecca, I was present before the Prophet (PBUH) who was in a dome. I saw that he (PBUH) bathed in a tub in which traces of flour were evident.
➍ In one narration, it is stated that «اغْتَسَلَ وَمَيْمُونَةُ مِنْ إِنَاءٍ وَاحِدٍ فِي قَصْعَةٍ فِيهَا أَثَرُ الْعَجِينِ» “The Prophet (PBUH) and Hazrat Maymunah (RA) bathed in a tub in which traces of flour were present.”
◈ These hadiths prove that mixing and blending pure substances between water and camphor, and water and flour, and performing ablution and bathing with such water by the Prophet (PBUH) himself, is evidence that even after mixing such pure substances, if the name of absolute water remains, then purification with that water is correct.
وَاغْسِلْنَهَا بِمَاءٍ وَسِدْرٍ وَاجْعَلْنَ فِي الْآخِرَةِ كَافُورًا
«ولا فرق بين قليل وكثير وما فوق القلتين و ما دونهما»
”(In this matter) there is no difference between a small and a large amount of water, nor between water in two containers more or less than that.“
⟐ This is the position of Hazrat Ibn Abbas, Hazrat Abu Hurairah رضي الله عنهم, Hazrat Hasan Basri, Hazrat Saeed bin Musayyib, Imam Ikrimah, Imam Ibn Abi Layla, Imam Thawri, Imam Dawood Zahiri, Imam Nakha’i, Imam Jabir bin Zaid, Imam Malik, Imam Ghazali, Sheikh al-Islam Ibn Taymiyyah, Imam Ibn Qayyim, and Sheikh Muhammad bin Abdul Wahhab رحمهم الله اجمعين.
⟐ However, Hazrat Ibn Umar رضي الله عنهما, Imam Mujahid, Imam Shafi’i, Imam Ahmad, the Hanafis, and Imam Ishaq رحمہم اللہ اجمعین believe in a distinction and differentiation between small and large amounts of water. (That is, if the water is abundant, then if any one of the three characteristics changes, the ruling of impurity will apply, but if the water is small, it becomes impure merely by the falling of impurity, even if none of the three characteristics have changed or have changed.)
They have argued with the following evidences:
● The command of Allah Almighty is:
«وَالرُّجْزَ فَاهْجُرْ» ”And avoid filth.“
● It is narrated from Hazrat Abu Hurairah رضي الله عنه that the Messenger of Allah صلی اللہ علیہ وسلم said: ”When any of you wakes up from sleep, do not put your hand into the water container three times before washing it, because you do not know where your hand has been moving during the night.“
● Hazrat Abu Hurairah رضي الله عنه narrates that the Messenger of Allah صلی اللہ علیہ وسلم said: ”If a dog puts its mouth in any of your vessels, then pour out its water and then wash it seven times.“
● It is narrated from Hazrat Abu Hurairah رضي الله عنه that the Messenger of Allah صلی اللہ علیہ وسلم said: ”None of you should urinate in stagnant water and then bathe in it.“
● It is narrated from Hazrat Ibn Umar رضي الله عنهما that the Messenger of Allah صلی اللہ علیہ وسلم said: ”When the amount of water is equal to two large containers, it does not accept impurity.“
● In one narration, the Prophet صلی اللہ علیہ وسلم said: ”Ask your heart; good is that which satisfies the self and heart, and sin is that which causes discomfort in the self and hesitation in the chest, even if people give you a fatwa on it or you give them a fatwa.“
● The Messenger of Allah صلی اللہ علیہ وسلم said: ”Leave that which you doubt and choose that which you do not doubt.“
The reality is that although from the above evidences Imam Ahmad رحمه الله and the Hanafis have tried to differentiate between small and large amounts of water, there is no clear indication or guidance in them for their intended purpose.
Jurists have differed in determining the quantity of little and much water.
(Shafi’is, Hanbalis) The dividing line between little and much is the Hadith of the two waters.
The Hadith of the two waters refers to the narration from Hazrat Ibn Umar (may Allah be pleased with them) in which the Messenger of Allah (peace be upon him) said:
«إِذَا كَانَ الْمَاءُ قُلَّتَيْنِ لَمْ يَحْمِلِ الْخَبَثَ»
“When the water is equal to two mudds, it does not accept impurity.”
Some scholars have said that the chain of narration and the text of this Hadith are problematic.
But it is correct as Sheikh Abdul Qadir Arnaoot, Hafiz Ibn Hajar, Imam Hakim, Imam Ibn Manda, Imam Ibn Khuzaymah, Imam Ibn Hibban, Imam Tahawi, Imam Nawawi, and Imam Dhahabi, may Allah have mercy on them all, have declared it authentic.
The narration in which Qultayn is restricted to the waters of the tribe of Hijr’s water skins is weak because its chain includes Mughirah ibn Saqlab, a narrator who is a denier of hadith.
Assuming the water of the tribe of Hijr’s water skins is calculated, the amount of water in two water skins is five hundred ratl.
Moreover, the meaning of this hadith is that when the water reaches Qultayn (i.e., two water skins), it does not become impure, and when it is less than Qultayn, it becomes impure.
(Abu Hanifah) A large amount of water is that which, if one side is moved, the other side does not move.
(Abu Yusuf, Muhammad) Water in a pool ten hands wide and ten hands long is considered abundant, and anything less than that is considered little.
(Baghawi) The idea of moving the water of a pond is based on extreme ignorance because the state of those moving it varies in strength and weakness. (Meaning if a weak person moves it, the other side may not move, and if a strong and powerful person moves it, the other side will move; therefore, this rule is unacceptable.) And the issue of two dirhams is also purely rational with no proof in Shariah.
(Ibn Hazm) The statement of the Hanafis is very strange that the pool of water should be so large that if one side is moved, the other side moves. Oh, if only we knew how this movement would be given? Whether by a child’s finger? By a straw, thread, swimmer’s stroke, elephant’s fall, small pebble, catapult stone, or the pool falling? Praise be to Allah who has saved us from these misunderstandings.
(Rajih) This hadith will be restricted with Ijma’ (consensus) just as the hadith «المآء طهور لا ينجسه شي» was restricted with Ijma’. Then its meaning will be that when the water is equal to two water skins, it does not become impure, but if any of the three characteristics changes due to the impurity falling, then by consensus it becomes impure. And if it is less than two water skins and no characteristic changes, then due to hadith «لا ينجسه شئ», it will not become impure merely by the impurity falling but will remain in its original state (purity).
Furthermore, to deduce from the hadith of Qultayn that water less than two water skins becomes impure merely by the falling of impurity is a meaning that contradicts the explicit text «لا أن تغير ريحه أو طعمه أو لونه», and it is established in principles that when the meaning contradicts the explicit text, it is not acceptable as evidence.
إلا أن تغير ريحه أو طعمه أو لونه
«ومتحرك و ساكن»
“There is no difference between flowing and stagnant water.”
The majority of scholars hold this view.
The scholars who have differentiated between flowing and stagnant water based on the following hadith and stated that stagnant water becomes impure only when najasah (impurity) falls into it, regardless of whether any of its three characteristics change or not, and that the prohibition in this hadith is because if one bathes in stagnant water, it becomes used water and used water is not pure, their statement is incorrect and baseless because there is no Shariah evidence to support it. Therefore, water remains in its original state (purity) unless one of its three characteristics changes. As for this hadith, it only prohibits urinating or bathing in stagnant water, and forbids the person who urinates in it from bathing or performing wudu with it. Apart from that, a person can benefit from this water, and for anyone other than the one who urinates, bathing and wudu with it is permissible and lawful.
The method of bathing with stagnant water is to take water out with a vessel and bathe with that water, as narrated by Hazrat Abu Hurairah (RA). «يَتَنَاوَلُهُ تَنَاوُلًا
(Al-Albani) prefers this and states that the hadith only prohibits a janabah (person in a state of major impurity) from immersing (ghawtha) in stagnant water, while Hazrat Abu Hurairah’s words indicate that taking water out and performing purification with it is correct.
The required hadith are as follows:
❀ It is narrated from Hazrat Abu Hurairah (RA) that the Messenger of Allah (SAW) said:
«لَا يَبُولَنَّ أَحَدُكُمْ فِي الْمَاءِ الدَّائِمِ الَّذِي لَا يَجْرِي، ثُمَّ يَغْتَسِلُ فِيهِ»
“None of you should urinate in stagnant water and then bathe in it.”
❀ In Jami’ Tirmidhi, the wording is:
«ثُمَّ يَتَوَضَّأُ مِنْهُ» “Then perform wudu with it.”
❀ In Sunan Abi Dawood and Musnad Ahmad, it is:
«لَا يَبُولَنَّ أَحَدُكُمْ فِي الْمَاءِ الدَّائِمِ وَلَا يَغْتَسِلُ فِيهِ مِنَ الْجَنَابَةِ»
“None of you should urinate in stagnant water nor perform ghusl janabah in it.”
❀ It is narrated from Hazrat Jabir (RA) that
«أَنَّهُ نَهَى أَنْ يُبَالَ فِي الْمَاءِ الرَّاكِدِ»
the Prophet (SAW) forbade urinating in stagnant water.
❀ In a narration from Hazrat Abu Hurairah (RA), the following words are also reported:
«لَا يَغْتَسِلْ أَحَدُكُمْ فِي الْمَاءِ الدَّائِمِ وَهُوَ جُنُبٌ»
“None of you should bathe in stagnant water in a state of janabah.”
(Al-Allama Ayni) states that this hadith is general and it is unanimously necessary to specify it either with such a large body of water where moving one edge does not move the other edge, or with the hadith of the two waters as Imam Shafi’i (RA) holds, or with such general principles that indicate the purity of water until one of its three characteristics changes, as Imam Malik (RA) holds.
(Shawkani) states that there is no statement from the Lawgiver in this hadith that the reason for prohibition is that the water becomes used and used water is not pure. Rather, at most, what can be derived is that the reason for prohibition (urinating or bathing in it) is the fear of its spoilage due to its stagnant nature.
(Ibn Hazm) says that those who claim that the Prophet (SAW) forbade the janabah from entering stagnant water so that the water does not become used are mistaken.
(An-Nawawi) states that the hadith forbidding a janabah person from entering stagnant water for bathing is evidence that this act is makruh tanzihi (disliked).
There are various opinions regarding flowing water:
➊ That which is commonly accepted as flowing.
➋ Water in which dry stalks flow.
➌ Water that is so abundant that when a person performing wudu fills his hands a second time, the water that touches his hands is new water due to the flow.
(Raajih) The first opinion is the preferred one.
«ومستعمل وغير مستعمل»
“Used and unused (no difference in water).”
Used (previously used) water is pure (tahir) and the evidences are as follows:
❀ It is narrated from Hazrat Urwah and Hazrat Masur (may Allah be pleased with them) that
«وَإِذَا تَوَضَّأَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كَادُوا يَقْتَتِلُونَ عَلَى وَضُوئِهِ»
When the Prophet ﷺ used to perform ablution, the companions would come close so that they would not start a dispute over taking the leftover water from the Prophet’s ablution.
❀ It is narrated from Hazrat Abu Juhaifah (may Allah be pleased with him) that “Water for ablution was brought to the Messenger of Allah ﷺ and he performed ablution with it, and the people were in such a state that they would take the leftover water from the Prophet’s ablution and apply it on their bodies.”
❀ When Jabir (may Allah be pleased with him) was ill, the Prophet ﷺ poured his ablution water over him.
Used water is also purifying (i.e., it purifies). Although it is debatable to deduce this issue from the following evidences presented by scholars, this matter is correctly established.
❀ Hazrat Rabi’ bint Mu’adh (may Allah be pleased with her) says that
«أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَسَحَ بِرَأْسِهِ مِنْ فَضْلِ مَاءٍ كَانَ فِي يَدِهِ»
“The Prophet ﷺ wiped his head with the excess water that was in his hands.”
❀ It is narrated from Hazrat Ibn Abbas (may Allah be pleased with them) that one of the wives of the Prophet ﷺ took a bath in a tub, then the Prophet ﷺ came to perform ablution or bath from that tub, and she said: O Messenger of Allah! I was in a state of major impurity (janabah), so the Messenger of Allah ﷺ said: «إِنَّ الْمَاءَ لَا يُجْنِبُ» “Indeed, water does not become impure.”
It should be noted that used water, according to jurists, means water that has been used for removing janabah (major impurity), or removing hadath (minor impurity, i.e., ablution or bath), or removing najasah (impurity), or for acts done with the intention of seeking reward and closeness to Allah (such as performing ablution over ablution, for funeral prayer, entering the mosque, performing ablution before holding the Quran, etc.).
There is a difference of opinion among the jurists regarding used water.
(Abu Hanifa, may Allah have mercy on him; Shafi’i, may Allah have mercy on him) It is not permissible under any circumstances to attain purification through such water. The same doctrine is reported from Imam Laith, may Allah have mercy on him; Imam Awza’i, may Allah have mercy on him; Imam Ahmad, may Allah have mercy on him; and according to one narration, also from Imam Malik, may Allah have mercy on him.
(Maliki) Tayammum (dry ablution) is not permissible in the presence of used water.
(Abu Yusuf, may Allah have mercy on him) Used water is impure (note that he is unique in this opinion).
(Ahl al-Zahir) There is no difference between used water and pure water (meaning just as pure water is pure and purifying, similarly used water is also pure and purifying). This doctrine is narrated from Imam Hasan, Imam Ata, Imam Nakha’i, Imam Zahri, Imam Makhool, and Imam Ahmad, may Allah have mercy on them all, in one narration.
(Preferred opinion) Used water is pure and purifying as the evidences mentioned at the beginning indicate.
(Shawkani, may Allah have mercy on him) It is correct to attain purification from used water.
(Ibn Rushd, may Allah have mercy on him) Used water is in ruling like pure water.
(Siddiq Hasan Khan, may Allah have mercy on him) The correct statement is that mere usage does not remove the attribute of purifying from water.
(Ibn Hazm, may Allah have mercy on him) It is permissible to perform ghusl (major ablution) and wudu (minor ablution) with used water regardless of whether other water is available or not.
Arguments of those who call used water pure and criticism on them
❀ The Prophet Muhammad ﷺ forbade men and women from bathing in each other’s used water, but if both bathe together, there is no harm in that.
The response to this is that due to the context of the permissibility hadiths, the prohibition in this hadith should not be taken as absolute.
As narrated from Hazrat Ibn Abbas (RA), the Prophet ﷺ used to bathe with the leftover water of his wife Hazrat Maymunah (RA).
❀ The Prophet ﷺ forbade urinating and bathing in stagnant water.
According to them, the reason for the prohibition in the mentioned hadith is that the water might become impure by being used, so the Prophet ﷺ forbade it. However, there is no evidence for this; rather, the prohibition is at most to prevent the water from becoming spoiled and losing its benefit. This is supported by the statement of Hazrat Abu Hurairah (RA) that “the person should pour it (i.e., the water) out and use it.”
Imam Ibn Hazm (may Allah have mercy on him) states that among the statements of the Hanafis that we have transmitted, the strangest is that the used water of ablution of a clean and pure Muslim is more impure than a dead rat.
Miscellaneous
1. The ruling on performing ablution with Nabidh
(Imam Abu Hanifa, may Allah have mercy on him) Performing ablution with Nabidh is permissible and valid.
His evidences are as follows:
➊ It is narrated from Hazrat Ibn Mas’ud, may Allah be pleased with him, that the Messenger of Allah, peace be upon him, on the night of “Shab-e-Jinn” (the night when the Prophet met with the jinn), asked me if I had water. I said: I do not have water, but I have a vessel containing Nabidh. Upon hearing this, the Messenger of Allah, peace be upon him, said:
«فَصَبَبْتُ عَلَيْهِ فَتَوَضَّأَ بِهِ»
“Pour it out and perform ablution with it.” He also said: “It is a drink and a purifier.”
↰ Ibn Lahi’ah, a narrator in its chain, is weak.
➋ In another hadith with similar meaning, the Messenger of Allah, peace be upon him, said to Hazrat Ibn Mas’ud, may Allah be pleased with him:
«تَمْرَةٌ طَيِّبَةٌ، وَمَاءٌ طَهُورٌ»
“(This is) excellent dates and purifying water.”
◈ Hafiz Ibn Hajar, may Allah have mercy on him, states that the scholars of the Salaf agreed on the weakness of this hadith.
◈ Imam Tahawi, may Allah have mercy on him, explains that this hadith of Hazrat Ibn Mas’ud, may Allah be pleased with him, is narrated through various chains but none are reliable.
◈ Mulla Ali Qari, may Allah have mercy on him, quoted Sayyid Jamal’s statement that hadith scholars unanimously agreed on the weakness of this hadith.
◈ Imam Abu Zur’ah says that the hadith about Nabidh narrated by Abu Fazar is not authentic.
◈ Also, in its chain, Abu Zaid is an unknown narrator as Imam Zaili, Imam Ibn Hibban, Imam Bukhari, and Imam Tirmidhi, may Allah have mercy on them, have declared him unknown.
➌ It is narrated from Hazrat Ali, may Allah be pleased with him, that:
«كان لا يرى باسا بالوضوء من النبيذ»
“He did not consider any harm in performing ablution with Nabidh.”
◈ Imam Darqutni, may Allah have mercy on him, narrated it through two chains; in one, Hijaj ibn Arta’ah is a weak narrator.
◈ And in the other chain, Abu Layla al-Khurasani is an unknown narrator.
➍ It is narrated from Hazrat Ibn Abbas, may Allah be pleased with both of them, that the Messenger of Allah, peace be upon him, said:
«إذا لم يجد أحدكم ماء ووجد النبيذ فليتوضا به»
“When any one of you does not find water but finds Nabidh, he should perform ablution with it.”
◈ Imam Darqutni, may Allah have mercy on him, states that in its chain Aban ibn Abi Ayyash is a narrator whose hadith is abandoned and the chain is weak.
(It is the view of the majority, Ahl al-Hadith, Imam Shafi’i, may Allah have mercy on him, Imam Ahmad, may Allah have mercy on him) that performing ablution with Nabidh is not permissible.
Their arguments are as follows:
➊ Nabidh is not water, and Allah Almighty has only commanded purification with pure water, and in the absence of water, the command is not to use Nabidh but to perform Tayammum with soil, as mentioned in the Qur’an:
«فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا صَعِيدًا طَيِّبًا»
,
And in the hadith, it is stated: “Soil is the ablution of the believer even if he does not find water for ten years, but when water becomes available, then he should fear Allah and apply water to his body.”
➋ The narration reported from Hazrat Ibn Mas’ud, may Allah be pleased with him, which permits ablution with Nabidh, “Shab Jinn Wali,” is weak.
➌ Rather, there is a hadith narrated from Hazrat Ibn Mas’ud, may Allah be pleased with him, against it:
«لَمْ أَكُنْ لَيْلَةَ الْجِنِّ مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، وَوَدِدْتُ أَنِّي كُنْتُ مَعَهُ»
“I was not present with the Prophet, peace be upon him, during the night of Jinn, although I wished to be with him.”
(Imam Nawawi, may Allah have mercy on him) This hadith is clear evidence against the hadith narrated in Sunan Abi Dawood “which mentions ablution with Nabidh and Hazrat Ibn Mas’ud, may Allah be pleased with him, being present with the Prophet, peace be upon him, during the night of Jinn,” because this hadith is authentic and the narration permitting Nabidh is weak by consensus of the muhaddithin.
➍ Abu Ubaidah, may Allah have mercy on him, was asked whether his father was present with the Prophet, peace be upon him, during the night of Jinn, and he said: “No.”
➎ Imam Tirmidhi, may Allah have mercy on him, also preferred this position.
(Preferred) The position of the majority of Ahl al-Hadith is preferred, as the previous discussion requires this, and also because if a pure substance is mixed in water, even if it cannot be called pure water (i.e., plain water), it is still pure but not purifying.
2- If there is suspicion about water being impure?
It is better and preferable to avoid water about which there is suspicion of being impure or contaminated, as Imam Shawkani (may Allah have mercy on him) has also adopted this stance.
3. The ruling on water that changes due to staying in one place for a long time.
Water that changes not because of impurity falling into it but due to staying for a long time (i.e., one of the three characteristics changes) is valid for ablution. This is the position of the majority, and Imam Ibn Mundhir (may Allah have mercy on him) has reported consensus on this. Furthermore, it is narrated regarding the Prophet (peace be upon him) that he performed ablution with water from a well whose water resembled the color of henna; it is quite possible that the Prophet (peace be upon him) performed ablution with it because its change was not due to impurity.
4- Purification using seawater
It is permissible and correct to use seawater for purification (such as for ablution or ghusl, etc.) as narrated from Hazrat Abu Huraira (may Allah be pleased with him) in a hadith where a man asked the Prophet (peace be upon him) about performing ablution with seawater. The Prophet (peace be upon him) said: «هو الطهور مائه والحل ميتته» “Its water is pure and its dead animals are also lawful.”
[Sahih: Sahih Abu Dawood 76, Book of Purification: Chapter on Ablution with Sea Water: Abu Dawood 83, Muwatta 22/1, Ibn Abi Shaybah 131/20, Ahmad 361/2, Darimi 186/1, Tirmidhi 69, Nasa’i 176/1, Ibn Majah 386, Ibn Khuzaymah 111, Ibn Hibban 119, Al-Mawarid Ibn Al-Harud p/20, Darqutni 36/1, Hakim 140/1, Bayhaqi 3/1, Ma’rifat al-Sunan wal-Athar 100/1]
5- The ruling on water in which a cat has put its mouth
Performing ablution with such water is permissible and valid, as the following evidences testify to this:
➊ It is narrated from Hazrat Kabtah (may Allah be pleased with her) that when Hazrat Abu Qatada (may Allah be pleased with him) came to her, she poured water for his ablution. Suddenly, a cat came and started drinking from that vessel. Then Hazrat Abu Qatada (may Allah be pleased with him) tilted the vessel further for the cat until it drank from it. Hazrat Kabtah (may Allah be pleased with her) says that Hazrat Abu Qatada (may Allah be pleased with him) saw me while I was looking at him, and he said: “O niece! Are you surprised?” I said: “Yes.” Then he said that the Messenger of Allah (peace be upon him) said:
«إِنَّهَا لَيْسَتْ بِنَجَسٍ إِنَّمَا هِيَ مِنَ الطَّوَّافِينَ عَلَيْكُمْ»
“This is not impure or filthy; it is something that moves upon you.”
➋ It is narrated from Hazrat Aisha (may Allah be pleased with her) that:
«وَقَدْ رَأَيْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، يَتَوَضَّأُ بِفَضْلِهَا»
“Indeed, I saw the Messenger of Allah (peace be upon him) performing ablution with the water that a cat had drunk from.”
(Imam Shafi’i, Imam Ahmad, Imam Malik) The saliva of a cat is pure. Imam Laith, Imam Thawri, Imam Awza’i, Imam Ishaq, Imam Abu Thawr, Imam Abu Ubaid, Imam Alqamah, Imam Ibrahim, Imam Ata, Imam Hasan, Imam Ibn Abdul Barr, and Imam Abu Yusuf (may Allah have mercy on them all) also hold this same position.
(Imam Abu Hanifa) The saliva of a cat is impure like the saliva of a wild beast, but with some mitigation, which is that the leftover saliva of a cat is pure with dislike.
◈ Their evidence is this hadith: “The cat is a wild beast.”
The answer to this is as follows:
➊ It is specified by the previous authentic hadith.
➋ Being a wild beast does not necessarily imply impurity; it is not necessary that what is wild is also impure.
(Preferred) The position of the three Imams is correct.
6- A Fabricated Tradition
The tradition in which it is mentioned:
«حب الهرة من الإيمانه»
“Loving cats is part of faith.”
It is fabricated and invented.
7- The Ruling on Water Melted from Ice, etc.
Water melted from ice and hail is pure (and also purifying).
As the Prophet ﷺ prayed:
«اللهم طهرني بالماء والثلج والبرد»
“O Allah! Purify me with water, ice, and hail.”
8- The ruling on water in which insects and bugs fall
Animals like flies, scorpions, or beetles (gabrila), etc., whose blood does not flow, if they die in water, do not make the water impure.
Imam Ibn Mundhir (may Allah have mercy on him) states that I am not aware of any disagreement on this issue except for one of the two opinions of Imam Shafi’i (may Allah have mercy on him). One is that a small amount of water becomes impure, and the other opinion is that it does not become impure, and this latter view is more correct and accurate.
