What is the response to those who say that the ones who permit wudu with used water are the ones required to provide evidence, not the ones who prohibit it?
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The questioner : Shaykh, a while ago the issue of used water was raised. Naturally, the doctor held the view that it is not permissible to use used water, and he said: The default is that used water is water that has been used in an act of worship, and the default for acts of worship is prohibition. Therefore, the ones who permit it are the ones required to provide evidence, not the ones who prohibit it. I mean, the ones who permit it are the ones who are asked for evidence, not the ones who prohibit it. So what is your opinion, Shaykh, on this?
The Shaykh : Do they prohibit or permit what?
The questioner : They permit using used water for wudu.
The Shaykh : Okay, what is the evidence for prohibiting the use of used water absolutely? What is the evidence?
The questioner : Their evidence is that they say: The default for water is that the used water is water used in an act of worship.
The Shaykh : We understood that. I mean, when it is said "the default," it means there is no specific evidence. There is no specific evidence.
The questioner : Yes, they have evidence, but they say: We concede to you that there is no evidence.
The Shaykh : Okay, if it is conceded that there is no evidence, then the claim that the default is such-and-such requires proof. So, repeat the claim. What is the claim?
The questioner : The claim is that they say the default for an act of worship is prohibition, and here the used water was used in an act of worship, so the default for it is prohibition. This is their point of view. I am just conveying it, Shaykh.
The Shaykh : There is no problem, do not be afraid. I know you are conveying it. But I want to know the point of view of those people. "The default for an act of worship is prohibition"—there is no disagreement on this.
The questioner: Yes.
The Shaykh : Okay, but used water is water, both linguistically and in the Shari'ah.
The questioner: Yes.
The Shaykh : The Qur'anic text and many hadiths have come regarding the permissibility and the lawfulness of using water for acts of worship, for wudu, and for ghusl.
The questioner: Yes.
The Shaykh : So those who say that water, for example, used to remove a piece of dirt, is water, have not departed from this default. But the opposite is exactly the case for those who say that this water was used, especially if they distinguish between using it for wudu, for example, or ghusl, and, for example, washing the hands without an act of worship.
The questioner : Yes, for example, with a bidet.
The Shaykh : These are the ones upon whom the demand is reversed, and it is said: They must prove that it is not permissible to purify oneself with this water, and that one who purifies himself with it is in the same state as one who did not purify himself at all. I mean, the issue is completely reversed. Abu 'Abdullah, what are you waiting for?
The questioner : Regarding the lesson, Shaykh.
The Shaykh : Do they prohibit or permit what?
The questioner : They permit using used water for wudu.
The Shaykh : Okay, what is the evidence for prohibiting the use of used water absolutely? What is the evidence?
The questioner : Their evidence is that they say: The default for water is that the used water is water used in an act of worship.
The Shaykh : We understood that. I mean, when it is said "the default," it means there is no specific evidence. There is no specific evidence.
The questioner : Yes, they have evidence, but they say: We concede to you that there is no evidence.
The Shaykh : Okay, if it is conceded that there is no evidence, then the claim that the default is such-and-such requires proof. So, repeat the claim. What is the claim?
The questioner : The claim is that they say the default for an act of worship is prohibition, and here the used water was used in an act of worship, so the default for it is prohibition. This is their point of view. I am just conveying it, Shaykh.
The Shaykh : There is no problem, do not be afraid. I know you are conveying it. But I want to know the point of view of those people. "The default for an act of worship is prohibition"—there is no disagreement on this.
The questioner: Yes.
The Shaykh : Okay, but used water is water, both linguistically and in the Shari'ah.
The questioner: Yes.
The Shaykh : The Qur'anic text and many hadiths have come regarding the permissibility and the lawfulness of using water for acts of worship, for wudu, and for ghusl.
The questioner: Yes.
The Shaykh : So those who say that water, for example, used to remove a piece of dirt, is water, have not departed from this default. But the opposite is exactly the case for those who say that this water was used, especially if they distinguish between using it for wudu, for example, or ghusl, and, for example, washing the hands without an act of worship.
The questioner : Yes, for example, with a bidet.
The Shaykh : These are the ones upon whom the demand is reversed, and it is said: They must prove that it is not permissible to purify oneself with this water, and that one who purifies himself with it is in the same state as one who did not purify himself at all. I mean, the issue is completely reversed. Abu 'Abdullah, what are you waiting for?
The questioner : Regarding the lesson, Shaykh.
Source
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The Arabic text is copied verbatim from the original source, without any edits.