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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Prayer in Stolen Property and the Separation of the Aspect

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Question:
The Shaykh said: It was reported to us that the prohibition implies a prohibition of the act itself, and the jurists have stated that prayer in stolen property or performing wudu' with stolen water is valid, though sinful. How is this reconciled?

Answer:
They say in this case that the aspect is separated. They discuss this and say the aspect is separated. So, the prohibition regarding prayer in stolen clothing is not a prohibition of the prayer itself, but rather a prohibition of using the clothing. The prayer was performed with its conditions, pillars, and obligations, so it was performed in the prescribed manner. The prohibition is not directed at the prayer, but at using another person's property without his permission. Thus, the aspect is separated. This is a prohibition, and that is a command: a command to pray and a command to perform wudu'. So the aspect is separated. It is like prayer in a stolen house; they also say the aspect is separated. When the aspect is separated, the prohibition does not imply invalidity in every respect, but only implies invalidity in one respect and not another.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، بداية من باب الآنية — islamhouse.com (1:07:55)

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

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