One Who Wakes Up in a State of Major Ritual Impurity and the Time for Fajr Has Almost Ended
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Question:
A person says: I was in a state of major ritual impurity and woke up to find that the time for the Fajr prayer had become very short, with only a few minutes left before the sun rose. If I go to heat water and perform the full ritual bath, the time will expire before I am done. Is it better for him to pray without wudu' and without tayammum? Or is it better that he perform the full ritual bath, even if the time expires, and then pray?
Answer:
He says he will pray without tayammum. Some scholars hold that one should perform tayammum and pray in order to preserve the time. However, the clear and evident ruling is that he should wait, even if the time expires, until he purifies himself, because he has the condition for prayer, which is the use of water, available to him. Therefore, he delays the prayer, even if the time expires, because he is occupied with fulfilling its condition. The jurists said: It is not permissible to delay the prayer beyond its time except for one who intends to combine prayers or one who is occupied with a condition that he will fulfill shortly. Is he occupied with the condition of prayer and will fulfill it shortly? Even if the time expires, he does not pray except with purification by water. Yes.
A person says: I was in a state of major ritual impurity and woke up to find that the time for the Fajr prayer had become very short, with only a few minutes left before the sun rose. If I go to heat water and perform the full ritual bath, the time will expire before I am done. Is it better for him to pray without wudu' and without tayammum? Or is it better that he perform the full ritual bath, even if the time expires, and then pray?
Answer:
He says he will pray without tayammum. Some scholars hold that one should perform tayammum and pray in order to preserve the time. However, the clear and evident ruling is that he should wait, even if the time expires, until he purifies himself, because he has the condition for prayer, which is the use of water, available to him. Therefore, he delays the prayer, even if the time expires, because he is occupied with fulfilling its condition. The jurists said: It is not permissible to delay the prayer beyond its time except for one who intends to combine prayers or one who is occupied with a condition that he will fulfill shortly. Is he occupied with the condition of prayer and will fulfill it shortly? Even if the time expires, he does not pray except with purification by water. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب اشتراط دخول الوقت للتيمم — islamhouse.com (54:35)
The Arabic text is a machine transcription of the audio recording.
