Commentary on the Hadith concerning water mixed with impure substances

Praise be to Allah,

 

It was narrated from Abu Hurayrah (May Allah be pleased with him) that the Prophet (PBUH) said,

“You should not pass urine in stagnant water which is not flowing then (you may need to) wash in it.[i]”

In a version in, Saheeh Muslim, it says, “None of you should perform Ghusl in standing water when he is Junub (in a state of sexual impurity).[ii]”

 

Difference of Opinion concerning water mixed with impure elements

 

The scholars also differed concerning the water which has been urinated in: does it retain its state of Tahaarah (purity), or does it become defiled?

 

1. If it is changed [in taste, color or smell[iii]] by the Najaasah (impure substance) – there is a confirmed Ijmaa‟ (consensus) that it is impure whether the amount of water is little or much.

 

2. If it is not changed [in taste, color or smell] – and it is a large amount – there is Ijmaa‟ (consensus) that it retains its state of purity.

 

3. If it is not changed [in taste, colour or smell] – and it is a small amount – there are two opinions:

 

(A) That it retains its state of purity, which is the position of: Aboo Hurayrah, Ibn Abbass, al-Hasan al-Basaree, Ibn al-Musayyib, ath-Thawree, Daawood, Maalik, and al- Bukhaaree. Al-Bukhaaree has listed several Hadeeths refuting those who held that it becomes Najas (impure).

(B) Ibn Umar, Mujaahid, and the Hanafee, Shaafi’ee and Hanbalee Schools hold that it become Najas (impure) simply through coming into contact with impure substances – even if it does not undergo any change [in taste, colour or smell], as long as it is a small amount of water. They cite several evidence including the Hadeeth under discussion. Each of their pieces of evidence can be refuted.

 

The first group (A) relied upon many pieces of evidence including the hadeeth reported by Aboo Daawood and at-Tirmithee who declared it to be a Hasan (good) hadeeth:

“Indeed, water is pure, and nothing makes it impure.”[iv]

 

Their response to the hadeeth of this section is that the prohibition mentioned in it is meant to indicate that it is detestable to use such water for drinking, not that such water becomes Najas (impure).

 

The position of the first group (A) is the correct position. This is so because the basis for declaring the water impure is undergoing some change [in its taste, color or smell] as a result of the impure substances (mixing with it) – no matter if its quantity is small or great. It was regarded as more likely to be correct by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim, and was the view favored by many contemporary scholars such as Shaykh Ibn Baaz, Ibn ‘Uthaymeen, and the scholars of the Standing Committee for Issuing Fatwas (may Allah have mercy on them).

 

They quoted as evidence that the report narrated from Abu Sa‘eed al-Khudri (may Allah be pleased with him) said: It was said: O Messenger of Allah, can I do wudoo’ from the well of Budaa‘ah? It is a well into which are thrown menstrual rags, dogs’ flesh, and other putrid things. The Messenger of Allah (blessings and peace of Allah be upon him) said: “Verily water is a means of purification, and nothing makes it impure.”[v]

 

From this, we also know that the strongest opinion, concerning the water in which someone takes a bath from al-Janaabah (major state of impurity from sexual relations), is that it is also pure – even if it is a small amount. This is contrary to the well-known position of our Madh-hab (Hanbalee School) as well as the position of the Shaafiee School, which holds that bathing in the water eliminates or nullifies its characteristic [or state] of purity since it is only a small amount of water.

 

Shaykh Ibn Baaz said:

The correct view is that anything less than two qullahs [a qullah is a type of vessel] does not become impure unless it is changed (by the impure substance), as is the case when the amount of water is two qullahs or more because the Prophet (blessings and peace of Allah be upon him) said: “Verily water is a means of purification and nothing makes it impure.” The Prophet (blessings and peace of Allah be upon him) only mentioned two qullahs in particular to highlight the fact that anything less than that needs to be checked and examined with care, not that it becomes impure in all cases, because of the hadith of Abu Sa‘eed mentioned above.

 

What we learn from that is that a very small amount of water is usually affected by impurity, so it should be poured away, disposed of, and avoided”.[vi]

 

Important Points Derived from the Hadeeth:

 

1. The prohibition of urinating in stagnant water and that it is Haraam.

 

2. The prohibition of taking a bath in still water by immersing one’s body in that

water, especially the person who is in a state of major ritual impurity – even if he/she did not urinate in it. What is legislated here is to scoop the water by handfuls.

 

It was narrated from Aboo As-Saa’ib, the freed slave of Hishaam ibn Zuahir, that he heard Aboo Hurayrah saying: The Messenger of Allaah (PBUH) said, “None of you should perform Ghusl in standing water when he is Junub (in a state of sexual impurity).” He said, “What should he do, O Aboo Hurayrah?” He said, “Let him scoop it out in handfuls.[vii]”

 

3. The permissibility of the above in flowing water, even though it is better to avoid

such.

 

4. The prohibition of everything harmful or transgression upon others.

 

5. The permissibility of urinating in water that flows because the urine flows with water and it does not remain in place, however, if someone is using the water downstream he is not to urinate in it because he makes it filthy for him.

 

6. The permissibility of making Ghusl because of Janabah in flowing water.

 

Shaykh Uthaymeen (May Allah have mercy on him) further says,

 

“What is apparent from the above hadeeth is that there is no difference between a large amount of water and a small amount, however, the prohibition is more emphasized with the small amount because it gets filthy and changes faster. As for the water that is still for a fixed period of time like the pools of water in the gardens, if it possible that it be affected by the urine or that it turns filthy by making ghusl because of its small amount or because of the slowness of the arrival of new water to it, it enters the prohibition, otherwise, it does not seem to enter, and Allah knows best.

 

Sources:

Arousing the Intellects with the Explanation of Umdatul Ahkaam. The Book Of At-Taharaah by Allama Sheikh Salih Ibn Uthaymeen (May Allah have mercy on him). page 24

Tayseer al-Allaam Sharh Umdatul-Ahkaam by Shaykh Abdullah ibn Abdur – Rahmaan Aal Bassaam. Page 15

 

 

[i] Saheeh Bukhaari, Volume 1, Book 4, Hadeeth Number 239, p. 181; Saheeh Muslim, Volume 1, Book 2, Hadeeth Number 657, p. 406

[ii] 2 Saheeh Muslim, Volume 1, Book 2, Hadeeth Number 658, p. 406

[iii] It was narrated that Aboo Umaamah Al-Baahili ( ) said: The Messenger of Allaah ( ) said, “Water is not made impure by anything except that which changes its smell, taste and colour.” [Sunan Ibn Maajah, Volume 1, Book 1, Hadeeth Number 521, p. 365, Classed as Da‟eef by Haafiz Aboo Taahir Zubayr ‘Alee Za’i, who said, “Although, as to the chain of transmission, the Hadeeth is „Weak‟, yet there is consensus among the scholars on the point that water, whose basic characteristic has been changed, because of some impurity, is no longer good as a means of purification.”]

[iv] Sunan Aboo Daawood, Volume 1, Book 1, Hadeeth Number 66-67, p. 62, Classed as Hasan by Haafiz Aboo Taahir Zubayr ‘Alee Za’i; Jaami‟ at – Tirmithee, Volume 1, Book 1, Hadeeth Number 66, p. 93, Classed as Hasan by Haafiz Aboo Taahir Zubayr ‘Alee Za’i

[v] Narrated by Abu Dawood (66), at-Tirmidhi (66) and an-Nasaa’i (326); classed as saheeh by Imam Ahmad, Yahya ibn Na‘eem, at-Tirmidhi, an-Nawawi, Ibn Mulaqqin and al-Haafiz Ibn Hajar. See: al-Majmoo‘ (1/82) and al-Badr al-Muneer (1/381).

[vi] End quote from Majmoo‘ Fataawa Ibn Baaz (10/16)

[vii] [Saheeh Muslim, Volume 1, Book 2, Hadeeth Number 658, p. 406] – Ed.