A continuation of the benefits of the hadith (None of you should bathe in stagnant water while in a state of major ritual impurity . . . ).
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The Shaykh : As for the benefits of the hadith, the hadith contains several benefits, among which is that the Islamic Shari'ah came with cleanliness and distance from dirt and filth. This is by the prohibition of bathing in stagnant water, whether this bathing affects the water or not, because if it does not affect it the first time, it will affect it the second, third, or fourth time. The Islamic Shari'ah is all cleanliness, all purity.
One of the benefits of this hadith is that it is not permissible for a person to bathe in stagnant water while in a state of major ritual impurity. Based on what? Based on the fact that the original ruling regarding prohibition is prohibition. If a person bathes in stagnant water while in a state of major ritual impurity, is his state of major ritual impurity lifted? If we take the well-known rule that what is prohibited in itself is not valid, then here the prohibition is regarding the bathing itself: do not bathe in water while in a state of major ritual impurity. Therefore, if he bathes in water while in a state of major ritual impurity, his bathing is not valid. This is very clear according to the view of those who hold that used water is pure but not purifying. Some scholars here say that the prohibition is for dislike, and according to this view, if he bathed, his state of ritual impurity would be lifted because he did not do something forbidden, but rather he did something disliked. Disliked for the sake of recommendation does not carry sin.
And among the benefits of this hadith is the permissibility of bathing for cooling and cleaning in stagnant water. What is the evidence? His saying: If bathing in stagnant water is prohibited when there is a need, then the prohibition of it without a need is, what? It is even more so. And on this basis, we say that this specification, although it indicates by its implication the permissibility of bathing when not in a state of major ritual impurity, it is said that bathing for other than major ritual impurity is even more permissible. This view is supported by the generality in al-Bukhari's narration: then he bathes in it. And this is the closest view: that it is prohibited to bathe in stagnant water, whether one is in a state of major ritual impurity or not.
And among the benefits of this hadith is that if a person bathes in flowing water, whether from a state of major ritual impurity or not, it is, what? It is permissible, and there is no prohibition in it, because this specification of "stagnant" is a description suitable for the prohibition. And if it is a description suitable for the prohibition, and if it is a description suitable for the prohibition, it becomes a description that must be acted upon. It is said: if he bathes from a state of major ritual impurity or not in flowing water, there is no harm. As for al-Bukhari's narration, it contains evidence for the prohibition of urinating in stagnant water that does not flow, and it is understood from it the permissibility of urinating in water that flows. Yes, because his specification with "stagnant" indicates that non-stagnant water is fine, but on the condition that he does not spoil it for others or make it murky for them. If this water flows to people lined up at the water channel to perform ablution or the like, then here it is not permissible for him to do so, not because it is included in the prohibition, but because of harming the Muslims. And harming the Muslims is not permissible.
And among the benefits of the hadith is that it is permissible to defecate in stagnant water that does not flow.
The student: No.
The Shaykh : How?
The student: Even more so.
The Shaykh : Dawud al-Zahiri (may Allah have mercy on him) said that it is permissible, and they said this is one of the ugliest things criticized against him in his Zahiri stance, meaning urination which may mix in the water and dissolve is not permissible, and this is permissible, meaning defecation! But he has the right to defend it by saying that defecation is visible and one can take precautions against it, but urination mixes with the water and one cannot take precautions against it. Yes, but this defense does not benefit him, because even if it is visible, people will find it disgusting. The correct view is the prohibition of this and that, and the majority of the Ummah is upon this. But we mentioned it for the sake of awareness only, and that those who stick rigidly to the apparent meaning sometimes bring out the most astonishing things, such as their saying: it is permissible to sacrifice a one-year-old sheep and it is not permissible to sacrifice a two-year-old. Do you know the one-year-old? The one-year-old is the small one, the two-year-old is larger than it. Because the Messenger (peace and blessings be upon him) said:Sunan al-Bayhaqi 17:117 He said: Did you understand? And which is more appropriate?
The student : The two-year-old.
The Shaykh : The two-year-old, because the Messenger said this in a descending manner. And similarly, their saying: if a man asked permission to marry his virgin daughter and said, "So-and-so has proposed to you, and he is a good, upright man with wealth and status," and she said, "This is not what I want," and he married her to him, then it is not permissible for him to marry her. And if he said to her, "A man with good character, religion, wealth, knowledge, and status has proposed to you," and she remained silent, then he marries her. The first one, he does not marry her, why?
The student : She spoke.
The Shaykh : She did not remain silent, and the Messenger (peace and blessings be upon him) said regarding the virgin: her permission is her silence. Like sticking rigidly to this apparent meaning, there is no doubt that it is a grave error. But we mentioned it because perhaps some people, not in such ugliness but less, take the apparent meaning and do not pay attention to the general rules of the Shari'ah. However, after this, I tell you that Ibn al-Qayyim (may Allah have mercy on him) in " I'lam al-Muwaqqi'in " said that the school of the Zahiris is better than the school of the people of interpretation who are obsessed with meanings. And that is because these people reject the texts with their corrupt belief. For example, they say: it is permissible for a woman to marry herself without a guardian, just as it is permissible for her to sell her wealth without a guardian. And this contradicts the text in a clear contradiction, because the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1880Sahih (Darussalam) And the expressions of the Noble Qur'an indicate that and the like. But we cannot do more in this place than to say that we are not here to compare people, but we want to clarify the examples so that a person knows how to proceed in using the evidence from the Book and the Sunnah.
Now, among the benefits of this hadith is the prohibition of bathing in stagnant water absolutely, whether from a state of major ritual impurity or not, due to his saying:.
And among the benefits of this hadith is the prohibition of urinating and then bathing. Yes, because it is even more so: if urinating alone is prohibited and bathing alone is prohibited, then the prohibition of combining them? Answer, everyone?
The student: Even more so.
The Shaykh : It is even more so. And then, the apparent expression of the hadith, if you examine it, you will find that it only relates to this specific case, which is urinating and then bathing. This is what the context of the wording requires.
And among the benefits of this hadith is that it is not permissible to urinate in water and then bathe from it. This is based on what?
The student: ...
The Shaykh : The narration of the accusative case, and the difference between "from it" and "in it" we mentioned in the explanation.
Now, and among the benefits of this hadith is that it is permissible for a person to urinate in a vessel and then pour it into water that does not flow.
The student: No.
The Shaykh : Fear Allah! The Messenger says do not urinate in the water, and this person says he only urinated in a vessel and then poured it into the water.
The student : The result is the same.
The Shaykh : Yes, the school of the Zahiris says this: if he urinated in a vessel and then poured it into the water, then the prohibition does not cover it. And this does not mean that it is permissible according to them, no, but they say the prohibition does not cover it in its wording. Therefore, we say: the correct view is that there is no difference between urinating in it directly or in a vessel and then pouring it into it.
Now, among the benefits of this hadith also, in Abu Dawud's narration, is that one does not bathe in stagnant water from a state of major ritual impurity, and its apparent meaning is that if he urinated in the water, meaning combining them. But Muslim's previous narration, which the author made the basis of the hadith, indicates that it is not permissible to bathe in it from a state of major ritual impurity while it is stagnant.
And the summary of this hadith and its words is: First: that a person does not urinate in stagnant water that does not flow, absolutely. Yes, except that we excluded large rivers and valleys and the like, for this is permissible by consensus. And we also excluded from stagnant water, what? The seas, the oceans, or lakes, the large amount in which urination does not have any effect. The scholars said there is no harm in this, because the address of the Messenger (peace and blessings be upon him and his family) is directed to the customary thing, and there are no seas or rivers in Madinah.
Now, this is one. Second: that he does not urinate in it and bathe from it, because that is disgusting and ugly by custom and fitrah, due to his saying: do not urinate and then bathe.
Third, there is no difference between bathing in it and bathing from it, because the wording indicates that. Even if we assume that the phrase "from it" is not present, we say that if bathing in it is prohibited, then bathing from it is prohibited by implication, and if bathing from it is prohibited, then bathing in it is prohibited by implication.
One of the benefits of this hadith is that it is not permissible for a person to bathe in stagnant water while in a state of major ritual impurity. Based on what? Based on the fact that the original ruling regarding prohibition is prohibition. If a person bathes in stagnant water while in a state of major ritual impurity, is his state of major ritual impurity lifted? If we take the well-known rule that what is prohibited in itself is not valid, then here the prohibition is regarding the bathing itself: do not bathe in water while in a state of major ritual impurity. Therefore, if he bathes in water while in a state of major ritual impurity, his bathing is not valid. This is very clear according to the view of those who hold that used water is pure but not purifying. Some scholars here say that the prohibition is for dislike, and according to this view, if he bathed, his state of ritual impurity would be lifted because he did not do something forbidden, but rather he did something disliked. Disliked for the sake of recommendation does not carry sin.
And among the benefits of this hadith is the permissibility of bathing for cooling and cleaning in stagnant water. What is the evidence? His saying:
and he was in a state of major ritual impurity
وهو جنبAnd among the benefits of this hadith is that if a person bathes in flowing water, whether from a state of major ritual impurity or not, it is, what? It is permissible, and there is no prohibition in it, because this specification of "stagnant" is a description suitable for the prohibition. And if it is a description suitable for the prohibition, and if it is a description suitable for the prohibition, it becomes a description that must be acted upon. It is said: if he bathes from a state of major ritual impurity or not in flowing water, there is no harm. As for al-Bukhari's narration, it contains evidence for the prohibition of urinating in stagnant water that does not flow, and it is understood from it the permissibility of urinating in water that flows. Yes, because his specification with "stagnant" indicates that non-stagnant water is fine, but on the condition that he does not spoil it for others or make it murky for them. If this water flows to people lined up at the water channel to perform ablution or the like, then here it is not permissible for him to do so, not because it is included in the prohibition, but because of harming the Muslims. And harming the Muslims is not permissible.
And among the benefits of the hadith is that it is permissible to defecate in stagnant water that does not flow.
The student: No.
The Shaykh : How?
The student: Even more so.
The Shaykh : Dawud al-Zahiri (may Allah have mercy on him) said that it is permissible, and they said this is one of the ugliest things criticized against him in his Zahiri stance, meaning urination which may mix in the water and dissolve is not permissible, and this is permissible, meaning defecation! But he has the right to defend it by saying that defecation is visible and one can take precautions against it, but urination mixes with the water and one cannot take precautions against it. Yes, but this defense does not benefit him, because even if it is visible, people will find it disgusting. The correct view is the prohibition of this and that, and the majority of the Ummah is upon this. But we mentioned it for the sake of awareness only, and that those who stick rigidly to the apparent meaning sometimes bring out the most astonishing things, such as their saying: it is permissible to sacrifice a one-year-old sheep and it is not permissible to sacrifice a two-year-old. Do you know the one-year-old? The one-year-old is the small one, the two-year-old is larger than it. Because the Messenger (peace and blessings be upon him) said:
except if it is difficult for you, then slaughter a one-year-old
إلاّ أن تعسر عليكم فتذبحوا جذعةDo not slaughter except a mature animal, but if it is difficult for you, then slaughter a one-year-old from the sheep
لا تذبحوا إلاّ مسنّة فتعسر عليكم فتذبحوا جذعة من الضّأنThe student : The two-year-old.
The Shaykh : The two-year-old, because the Messenger said this in a descending manner. And similarly, their saying: if a man asked permission to marry his virgin daughter and said, "So-and-so has proposed to you, and he is a good, upright man with wealth and status," and she said, "This is not what I want," and he married her to him, then it is not permissible for him to marry her. And if he said to her, "A man with good character, religion, wealth, knowledge, and status has proposed to you," and she remained silent, then he marries her. The first one, he does not marry her, why?
The student : She spoke.
The Shaykh : She did not remain silent, and the Messenger (peace and blessings be upon him) said regarding the virgin: her permission is her silence. Like sticking rigidly to this apparent meaning, there is no doubt that it is a grave error. But we mentioned it because perhaps some people, not in such ugliness but less, take the apparent meaning and do not pay attention to the general rules of the Shari'ah. However, after this, I tell you that Ibn al-Qayyim (may Allah have mercy on him) in " I'lam al-Muwaqqi'in " said that the school of the Zahiris is better than the school of the people of interpretation who are obsessed with meanings. And that is because these people reject the texts with their corrupt belief. For example, they say: it is permissible for a woman to marry herself without a guardian, just as it is permissible for her to sell her wealth without a guardian. And this contradicts the text in a clear contradiction, because the Prophet (peace and blessings be upon him) said:
There is no marriage except with a guardian.
لا نكاح إلاّ بوليّDo not prevent them
لا تعضلوهنّMarry off the single women among you
أنكحوا الأيامى منكمNow, among the benefits of this hadith is the prohibition of bathing in stagnant water absolutely, whether from a state of major ritual impurity or not, due to his saying:
then he bathes in it
ثمّ يغتسل فيهAnd among the benefits of this hadith is the prohibition of urinating and then bathing. Yes, because it is even more so: if urinating alone is prohibited and bathing alone is prohibited, then the prohibition of combining them? Answer, everyone?
The student: Even more so.
The Shaykh : It is even more so. And then, the apparent expression of the hadith, if you examine it, you will find that it only relates to this specific case, which is urinating and then bathing. This is what the context of the wording requires.
And among the benefits of this hadith is that it is not permissible to urinate in water and then bathe from it. This is based on what?
The student: ...
The Shaykh : The narration of the accusative case, and the difference between "from it" and "in it" we mentioned in the explanation.
Now, and among the benefits of this hadith is that it is permissible for a person to urinate in a vessel and then pour it into water that does not flow.
The student: No.
The Shaykh : Fear Allah! The Messenger says do not urinate in the water, and this person says he only urinated in a vessel and then poured it into the water.
The student : The result is the same.
The Shaykh : Yes, the school of the Zahiris says this: if he urinated in a vessel and then poured it into the water, then the prohibition does not cover it. And this does not mean that it is permissible according to them, no, but they say the prohibition does not cover it in its wording. Therefore, we say: the correct view is that there is no difference between urinating in it directly or in a vessel and then pouring it into it.
Now, among the benefits of this hadith also, in Abu Dawud's narration, is that one does not bathe in stagnant water from a state of major ritual impurity, and its apparent meaning is that if he urinated in the water, meaning combining them. But Muslim's previous narration, which the author made the basis of the hadith, indicates that it is not permissible to bathe in it from a state of major ritual impurity while it is stagnant.
And the summary of this hadith and its words is: First: that a person does not urinate in stagnant water that does not flow, absolutely. Yes, except that we excluded large rivers and valleys and the like, for this is permissible by consensus. And we also excluded from stagnant water, what? The seas, the oceans, or lakes, the large amount in which urination does not have any effect. The scholars said there is no harm in this, because the address of the Messenger (peace and blessings be upon him and his family) is directed to the customary thing, and there are no seas or rivers in Madinah.
Now, this is one. Second: that he does not urinate in it and bathe from it, because that is disgusting and ugly by custom and fitrah, due to his saying: do not urinate and then bathe.
Third, there is no difference between bathing in it and bathing from it, because the wording indicates that. Even if we assume that the phrase "from it" is not present, we say that if bathing in it is prohibited, then bathing from it is prohibited by implication, and if bathing from it is prohibited, then bathing in it is prohibited by implication.