Explanation of the Book of Purification-18

The Shaykh : Then he said: "And Abu Dawud added from Mu'adh (may Allah be pleased with him):

and watering places

والموارد

,
and his wording is:

Beware of the three places of curse: relieving oneself in a watering place, the path trodden by people, and the shade

اتقوا الملاعن الثلاثة : البَراز في الوارد ، وقارعة الطريق ، والظل

":
Here we say regarding "Beware" as we said in the first one, meaning: be cautious.
And means the places of curse, i.e., the places that are a cause for being cursed, and this is explained in his saying: .
And the meaning of relieving oneself here is discharging one's needs, as explained by the hadith before it: .
Watering places: the plural of a watering place, which is what people visit for drinking or for watering, such as a pond, a pool, a canal, a river, or the like. The important thing is that people visit it for what? For watering and drinking. Therefore, it is not permissible for a person to relieve himself in it.
: This is like what came before. There he said: and here he said: , meaning that which is trodden by feet.
And the third: and here he stated it generally, saying: but it should be understood as referring to what came before, which is the shade of whom?
The shade of people, it is not every shade. So Abu Dawud added a third place, which is so that there are three.
He said: "And Ahmad narrated from Ibn Abbas (may Allah be pleased with them both):

or a pool of water

أو نقع ماء

":
is similar to watering places, but it is more general, because a pool of water is more general than being a watering place or not. Because if it is a watering place, there are two sins, and if it is not a watering place, there is one sin, which is corrupting the water. Because if a person relieves himself in a pool of water, there is no doubt that he corrupts it. Either he makes it ritually impure if it is small, or he corrupts it even if it is not ritually impure. These are four.
"And al-Tabarani narrated:

the prohibition of relieving oneself under fruit-bearing trees

النهي عن قضاء الحاجة تحت الأشجار المثمرة

":
This is the fifth. It is also prohibited to relieve oneself under them, but on the condition that the fruit is intended, whether it is eaten or not. If it is eaten, then relieving oneself under it involves two harms:
The first harm is to those who intend to eat it, and the second harm is contaminating the food with filth. And it is known that contaminating food with filth is forbidden. For this reason, it is prohibited to use bones for cleaning oneself after relieving oneself, because they are the food of our brothers from the jinn.
So the meaning is that fruit-bearing trees must be restricted to those whose fruit is intended. As for fruit-bearing trees whose fruit is not intended and remains on the ground and people do not take it, there is no harm, because there is no harm to anyone in them. How many are these?
The path, the shade, watering places, pools of water, and the fifth: under fruit-bearing trees. And the sixth, he said: :
means its bank. And he mentioned "flowing" as a descriptive attribute, because a river is not anything but flowing. From the hadith of Ibn Umar with a weak chain.
But if we assume that these hadiths are not authentic, we have the general rule that we mentioned first, which is: "Every place where Muslims are harmed, it is not permissible to relieve oneself in it". Now, if this path is for non-Muslims, is it permissible for a person to relieve himself in it? The answer is: No, because the hadith narrated by Muslim is: and he did not restrict it to Muslims.
And because the Islamic religion is not a religion of aggression and harm. So as long as there is a treaty or protection between us and these disbelievers, it is not permissible for us to harm them.