The retention of the status of janabah for the one who performs tayammum, and its evidence is the hadith of 'Amr ibn al-'As that he prayed with the people using tayammum while he was in a state of janabah.
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The Shaykh : The one who is in a state of janabah and does not find water performs tayammum, and the name of janabah remains upon him absolutely. However, he prays and engages in all the rulings that are permissible for him through purification with water. This confirms the retention of the name of janabah for the one who performs tayammum, whether due to the excuse of not finding water, or with the presence of water but an inability to use it due to fear of illness or something of that sort. The hadith of 'Amr ibn al-'As, when the Messenger (peace and blessings be upon him) sent him in a secret mission, and he became in a state of janabah on a cold night, and he was the leader of the people, so he performed tayammum and led them in prayer. When they returned to the Prophet (peace and blessings be upon him), they complained to him, saying to him: "He prayed with us in a state of janabah" — meaning they meant he did not perform ghusl. So the Messenger (peace and blessings be upon him) sent for him and asked him: "Is it true that you prayed with the people in a state of janabah?" He said: "Yes, O Messenger of Allah; I became in a state of janabah on a cold night, and I feared for myself, and I had heard Allah (Blessed and Exalted is He) say: [An-Nisa 4:29], is this the verse?
The questioner: Yes.
The Shaykh: Yes.
So I feared for myself and performed tayammum, and the Messenger of Allah (peace and blessings be upon him) laughed and approved of that for him.
The point is that they referred to him as having prayed with them in a state of janabah, despite the fact that he had performed tayammum. So his statement — if we understand this reality — his statement in the verse: "except those in a state of janabah" means: those who have performed tayammum,[An-Nisa 4:43] meaning: after tayammum, meaning: when you find water or are able to use water; at that time, there is no evidence in the verse that it is not permissible for one in a state of janabah to approach the mosque.
... So we return now to your previous question, remind us of it, what was it?
Eid Abbasi : Regarding the issue, Professor, of "except those in a state of janabah, except those passing by," and was this abrogated after the complete prohibition of intoxication?
The Shaykh : Of course, that is a different matter.
And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.
وَلَا تَقْتُلُوا أَنْفُسَكُمْ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًاThe questioner: Yes.
The Shaykh: Yes.
So I feared for myself and performed tayammum, and the Messenger of Allah (peace and blessings be upon him) laughed and approved of that for him.
The point is that they referred to him as having prayed with them in a state of janabah, despite the fact that he had performed tayammum. So his statement — if we understand this reality — his statement in the verse: "except those in a state of janabah" means: those who have performed tayammum,
do not approach prayer while you are intoxicated until you know what you are saying or in a state of janabah, except those passing through
لَا تَقْرَبُوا الصَّلَاةَ وَأَنْتُمْ سُكَارَى حَتَّى تَعْلَمُوا مَا تَقُولُونَ وَلَا جُنُبًا إِلَّا عَابِرِي سَبِيلٍuntil you perform the full ritual bath
حَتَّى تَغْتَسِلُوا... So we return now to your previous question, remind us of it, what was it?
Eid Abbasi : Regarding the issue, Professor, of "except those in a state of janabah, except those passing by," and
Do not approach prayer while you are intoxicated
لَا تَقْرَبُوا الصَّلَاةَ وَأَنْتُمْ سُكَارَىThe Shaykh : Of course, that is a different matter.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.