The Persistence of the Status of Janabah on the One Who Performs Tayammum and Its Evidence: 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 status of janabah remains upon him absolutely. However, he prays and engages in all rulings that are permissible for him through purification with water. This confirms the persistence of the status of janabah on the one who performs tayammum, whether due to the excuse of not finding water, or in the presence of water but with an inability to use it due to fear of illness or something similar. The hadith of 'Amr ibn al-'As: when the Messenger of Allah (peace and blessings be upon him) sent him in a secret mission, he became in a state of janabah on a cold night. He was the leader of the group, 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, "He prayed with us while in a state of janabah," meaning he did not perform ghusl. So the Messenger of Allah (peace and blessings be upon him) sent for him and asked, "Is it true that you prayed with the people while in a state of janabah?" He said, "Yes, O Messenger of Allah. I became in a state of janabah on a cold night and feared for my life. And I had heard Allah, Blessed and Exalted is He, say: [An-Nisa 4:29] Is this the verse?
The questioner : Yes, indeed.
The Shaykh : Yes, so I feared for my life and performed tayammum. The Messenger of Allah (peace and blessings be upon him) laughed and approved of that. 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, if we understand this reality, his statement in the verse means while in a state of 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, what was it?
The questioner : Regarding the issue of... janabah except for passersby, here 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.
ولا تقتلوا أنفسكم إن الله كان بكم رحيماThe questioner : Yes, indeed.
The Shaykh : Yes, so I feared for my life and performed tayammum. The Messenger of Allah (peace and blessings be upon him) laughed and approved of that. 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, if we understand this reality, his statement in the verse
except for those in a state of janabah
إلا جنباdo not approach prayer while you are intoxicated until you know what you are saying or in a state of janabah, except those passing through
لا تقربوا الصلاة وأنتم سكارى حتى تعلموا ما تقولون ولا جنبا إلا عابري سبيلuntil you perform ghusl
حتى تغتسلواSo we return now to your previous question. Remind us, what was it?
The questioner : Regarding the issue of... janabah except for passersby, here
Do not approach prayer while you are in a state of intoxication
ولا تقربوا الصلاة و أنتم سكارىThe Shaykh : Of course, that is a different matter.
