Addendum to the benefits of the hadiths (None of you should bathe in stagnant water . . .) and (None of you should urinate . . .).
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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.
Among 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. And if he bathes in stagnant water while in a state of major ritual impurity, does his state of major ritual impurity end? If we take the well-known rule that what is prohibited in itself is not valid, and here the prohibition is regarding the bathing itself, "do not bathe in the water while in a state of major ritual impurity," then if he bathes in the 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 end because he did not do something forbidden, but rather he did something disliked. And a disliked act of the type of recommended dislike 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 its evidence? His saying: But there may be an objection, and it is said that he specified major ritual impurity because a person may be in need of bathing, so 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 in other than major ritual impurity, it is said that bathing for other than major ritual impurity is even more so. And this view is supported by the generality in al-Bukhari's narration, "then he bathes in it." And this is the closest view: that one is prohibited from bathing in stagnant water, whether in a state of major ritual impurity or not.
And among the benefits of this hadith is that if he bathes in flowing water, whether from major ritual impurity or not, it is what? It is permissible and there is no prohibition in it, because this specification "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 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 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 who are performing 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) says 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. So the correct view is the prohibition of this and that, and this is the view of the majority of the Ummah. But we mentioned it just for awareness, and that those who stick rigidly to the apparent meaning sometimes bring out the astonishing, like 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 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 better?
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 were to ask permission of his virgin daughter and say that 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 it is not possible for us in this place except 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 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 reflect on 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 the 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 "None of you should urinate in the water," and this person says he only urinated in the 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 should not bathe in stagnant water from 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 major ritual impurity while it is stagnant.
Among 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. And if he bathes in stagnant water while in a state of major ritual impurity, does his state of major ritual impurity end? If we take the well-known rule that what is prohibited in itself is not valid, and here the prohibition is regarding the bathing itself, "do not bathe in the water while in a state of major ritual impurity," then if he bathes in the 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 end because he did not do something forbidden, but rather he did something disliked. And a disliked act of the type of recommended dislike 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 its evidence? His saying:
while in a state of major ritual impurity
وهو جنبAnd among the benefits of this hadith is that if he bathes in flowing water, whether from major ritual impurity or not, it is what? It is permissible and there is no prohibition in it, because this specification "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 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 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 who are performing 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) says 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. So the correct view is the prohibition of this and that, and this is the view of the majority of the Ummah. But we mentioned it just for awareness, and that those who stick rigidly to the apparent meaning sometimes bring out the astonishing, like 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 small one. The two-year-old is larger than it, because the Messenger (peace and blessings be upon him) said:
Unless it becomes difficult for you, then slaughter a one-year-old
إلاّ أن تعسر عليكم فتذبحوا جذعةDo not slaughter anything but a mature animal; if that becomes 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 were to ask permission of his virgin daughter and say that 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 [from marrying].
لا تعضلوهنّMarry off the unmarried among you.
أنكحوا الأيامى منكمNow, among the benefits of this hadith is the prohibition of bathing in stagnant water absolutely, whether from major ritual impurity or not, due to his saying:
Then he performs the ritual bath 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 reflect on 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 the 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 "None of you should urinate in the water," and this person says he only urinated in the 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 should not bathe in stagnant water from 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 major ritual impurity while it is stagnant.