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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on the ritual bath of a person in a state of major ritual impurity in stagnant water

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The first question of Fatwa number ( 1641 )


Q 1: What is the ruling of the Shari'ah regarding the ritual bath of a person in a state of major ritual impurity in stagnant water that does not flow, knowing that there are ponds in the desert where water remains for a long period, changed only by rain in the summer or autumn, and there are ponds in mosques? What is the ruling on the prohibition in the hadith:
No one of you should bathe in standing water when he is sexually impure.لا يغتسل أحدكم في الماء الدائم وهو جنب
Sunan Ibn Majah 605Sahih (Darussalam)
And what is the ruling on the one who commits this prohibition? Also, the people of the villages come to these ponds and expose their private parts to one another by lifting their garments above the knee
.

A 1: Praise be to Allah alone, and blessings and peace be upon His Messenger, his family, and his Companions.. After that: First: It is not permissible for a person in a state of major ritual impurity to perform the ritual bath in stagnant water that does not flow; for what Muslim narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
None of you must wash in standing water when he is sexually defiled.” Abu Huraira was asked how it was to be done, and said that it was to be taken out in handfuls.لا يغتسل أحدكم في الماء الدائم وهو جنب فقيل: كيف يفعل يا أبا هريرة؟ قال: يتناوله تناولاً
Mishkat al-Masabih 474
. Second: If the stagnant water reaches two qullahs or more, and its color, taste, or smell has not changed due to the ritual bath performed in it from major ritual impurity; then the ablution and ritual bath from it are sufficient, and it is suitable for purifying impurities and states of ritual impurity. If it changes due to impurity, it is not valid to use it for purifying states of ritual impurity or impurities by consensus. If it changes merely due to successive ritual baths from major ritual impurity in it, not due to impurity, there is disagreement regarding its purity, and the most cautious course is to refrain from using it for purification to avoid the disagreement. If it is less than two qullahs and a person in a state of major ritual impurity bathes in it, if it changes due to impurity that was on his body, it is not valid to purify oneself from states of ritual impurity or impurities with it. If it does not change due to impurity, there is disagreement regarding the validity of purifying oneself from states of ritual impurity and impurities with it, and the most cautious course is to refrain from using it for purifications when other water is available.
Third: The practice of some people of performing the ritual bath from major ritual impurity in the ponds of the desert and mosques is not permissible, and it is obligatory to advise them and guide them. If they respond, praise be to Allah, otherwise the one in authority should punish them with what deters them. Fourth: Covering a person's private parts in seclusion is among the etiquettes of Islam, and it is the requirement of modesty. Covering them in the presence of anyone other than his wife or his slave woman is obligatory, and exposing them is forbidden, and the looking of anyone other than his wife or his slave woman at them is forbidden except out of dire necessity; for what Muslim and others narrated from Abu Sa'id al-Khudri (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said:
A man should not see the private parts of another man, and a woman should not see the private parts of another woman, and a man should not lie with another man under one covering, and a woman should not lie with another woman under one covering.لا ينظر الرجل إلى عورة الرجل، ولا المرأة إلى عورة المرأة، ولا يفضي الرجل إلى الرجل في ثوب واحد، ولا تفضي المرأة إلى المرأة في الثوب الواحد
Sahih Muslim 338a
, and it is upon the one who sees someone exposing his private parts to guide him and disapprove of it, if he obeys, otherwise the one in authority should punish him with what deters him. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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