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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Does the Islam of a disbeliever require the full ritual bath?

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The questioner : There is scholarly disagreement on this issue: does the Islam of a disbeliever require the full ritual bath or not?

The Shaykh : The well-known position in the school of thought is that it requires the full ritual bath, and its evidence is a report and a rational argument. As for the report, the Prophet (peace and blessings be upon him) ordered Thumamah ibn Athal and Qays ibn 'Asim to take a full ritual bath when they embraced Islam. These two reports need to be traced to their sources. Also, is the command for obligation or for recommendation? Some scholars say the command here is for obligation because that is the default for commands, while others say it is for recommendation, because the Prophet (peace and blessings be upon him) did not order every person who embraced Islam to do so. The second report from Ahmad is that it is not obligatory.
Yes. As for the rational argument, the theoretical evidence in this issue is that a disbeliever does not become free from a state of major ritual impurity that requires the full ritual bath, especially if he is a mature disbeliever. Even if he took a full ritual bath while in a state of disbelief, the state of impurity would not be lifted, because one of the conditions for lifting the state of impurity is what? Intention and Islam, and this person is not a Muslim. So if he took a full ritual bath, it would not be lifted. Thus, the likelihood took the place of certainty.
The second report from Ahmad is that the full ritual bath is not required by the Islam of a disbeliever. This is because the large majority and the great number of people who embraced Islam during the time of the Prophet (peace and blessings be upon him) were not ordered to take a full ritual bath. Also, when the Prophet (peace and blessings be upon him) sent Mu'adh to Yemen, he said: "The first thing you should call them to is
to testify that there is no god but God and that Muhammad is God's messenger. If they obey that, tell them God has made obligatory for them five times of prayerإليه شهادة أن لا إله إلا الله وأن محمدا رسول الله، فإن أجابوك لذلك فأعلمهم أن الله افترض عليهم خمس صلوات
Mishkat al-Masabih 1772
." If the full ritual bath were obligatory, it would have been prioritized over the command to pray, because the prayer is not valid without it.
This is a strong argument. As for what was said that a disbeliever might be in a state of ritual impurity, we say that the default is the absence of the unlawful. In the chapter of ritual purity, doubt is disregarded and set aside, so it is not considered. This report is stronger than the report that contains the opinion, or the opinion that the disbeliever is required to take a full ritual bath. But if it is assumed that he was in a state of major ritual impurity during his disbelief, then he embraced Islam and had not taken a full ritual bath during his disbelief, is the full ritual bath required of him or not? There are two opinions: some said the full ritual bath is required of him because the state of impurity remains and has not been lifted. Others said it is not required due to the generality of the Prophet's (peace and blessings be upon him) not ordering those who embraced Islam to take a full ritual bath, and due to His saying (Exalted is He)
Say to those who have disbelieved [that] if they cease, what hasقُل لِّلَّذِينَ كَفَرُوا إِن يَنتَهُوا يُغْفَرْ لَهُم مَّا قَدْ
[Al-Anfal 8:38]
mentioned earlier. However, in this issue, the precaution is to take a full ritual bath, even if we say that a disbeliever does not have to take a full ritual bath when he embraces Islam, because the state of impurity occurred, and the default is its continuation until it is lifted by a legal proof. Yes.

The questioner : A Shaykh who embraced Islam while in a state of major ritual impurity, and we know that, and he prayed, and his prayer is valid.

The Shaykh : It depends on the disagreement.

The questioner : And they said: a bribe.

The Shaykh : No, what we see is that the precaution is to take a full ritual bath.

The questioner : Come on, the first obligation.

The Shaykh : The precaution.

The questioner : You have arrived.

The Shaykh : No, if we say that the precaution is that he should repeat it, it means that if he prayed, the precaution is that he should repeat it.

The questioner : Shadi.

The Shaykh : The precaution may be an obligation, but it is less than an obligation. That is, if the scholar tells you "the precaution," it means it is less than an obligation, but it is like something binding.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 437 - هل إسلام الكافر يوجب الغسل؟ الكافي في فقه الإمام أحمد بن حنبل - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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