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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the author's statement: "And it does not remove the ritual impurity of a man a small amount of pure water with which a woman has been alone for complete purification from ritual impurity."

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The Shaykh : The author said "And it does not remove the ritual impurity of a man a small amount of pure water with which a woman has been alone for complete purification from ritual impurity". Pay attention, this sentence falls under the section on pure water. We are still in the section on pure water, and pure water has categories that we will enumerate, if Allah wills, when we finish this section from it. It is pure water, but it does not remove the ritual impurity of a type of people. First, he said "It does not remove the ritual impurity of a man". "Ritual impurity" is a condition here. "Man" is another condition. "Pure water" is a condition. "Small amount" is a condition. "With which she has been alone" is a fourth condition. "A woman" is a fifth condition. "For complete purification" is a sixth condition. "From ritual impurity" is a condition. "Seventh". So when the seven conditions are met, this ruling is established, meaning the ritual impurity is not removed. An example of this is a woman who has a vessel of water, a vessel that holds a qullah and a half. It is small by definition, not large; it is small, holding a qullah and a half. She was alone with it in the bathroom, so she performed the ablution from it completely. Then she left, and the man came after her to perform ablution with it. We say it does not remove the ritual impurity. Is the water impure? No, the water is pure, but it does not remove the man's ritual impurity. The evidence is the saying of the Prophet (peace and blessings be upon him)
A man does not perform ablution with the surplus of a woman, nor a woman with the surplus of a man. لا يتوضأ الرجل بفضل المرأة ولا المرأة بفضل الرجل
. This is the evidence. They said that the Prophet (peace and blessings be upon him) forbade performing ablution with it, and the prohibition implies invalidity. So if he performed ablution, he performed an act of worship in a manner that is forbidden, so it is not valid. Do you understand? This is the evidence. But among the strange things in knowledge is that they used it as evidence that a man does not perform ablution with the leftover water of a woman, but they did not use it as evidence that a woman does not perform ablution with the leftover water of a man. They said it is permissible for a woman to perform ablution with the leftover water of a man. This is one of the strange things, since the evidence is one and the ruling is one, and it is divided into two parts
A man does not perform ablution with the surplus of a woman, nor a woman with the surplus of a man. لا يتوضأ الرجل بفضل المرأة ولا المرأة بفضل الرجل
. Why do we take one part and not the other, knowing that the first part has a text in the Sunnah indicating its permissibility, which is that the Prophet (peace and blessings be upon him) purified himself with the leftover water of Maymunah, and there is no text in the second part indicating permissibility, which is that a woman performs ablution with the leftover water of a man. This is also a second strange thing: the part for which the Sunnah indicates permissibility is the one that is prevented, and the part for which the Sunnah does not indicate permissibility is the one that is not prevented. But this indicates that a person, no matter how much knowledge he attains, is weak, no matter how much he attains. We return to the ruling of the issue according to the school of thought. So here, if a woman is alone with a small amount of pure water and performs ablution from it or takes a bath from it, then the man does not perform ablution with it and does not take a bath with it. The evidence is the hadith we mentioned. Let us look now at "And it does not remove the ritual impurity of a man". If this man wanted to remove impurity from his body or in his clothing, does it purify or not? It purifies. Yes, if he washed his hands with it after getting up from night sleep, is that sufficient? Yes, it removes the ritual impurity. A woman who purified herself with it after a woman, is that permissible? Yes, because he said "after a man." Pure water, whether it is pure or impure, the opposite of pure and impure does not remove ritual impurity in the first place. Pure water has a concept. "Small amount". If a woman was alone with a large amount of pure water, does it remove the ritual impurity? Yes. Where did we take this condition from? The hadith is general. We took it from the word "small amount". But where did we take it from in terms of evidence?

The questioner : From the other hadith.

The Shaykh : And what is the other hadith?

The questioner : The hadith of the two qullahs.

The Shaykh : And because in some wordings of the hadith of Maymunah, it mentions a large basin. A large basin is small. "With which a woman has been alone". Does "alone" here mean she was alone in performing ablution or bathing from it, or does it mean she was alone with it without anyone seeing her? The school of thought says she is alone with it without the sight of anyone, such that no one who distinguishes between things saw her. If she has her small child who does not distinguish, it does not harm. But if someone who distinguishes saw her, then the state of being alone is removed and the man's ritual impurity is removed. Where did we take this from? The hadith does not indicate this condition except according to the second opinion, because there are two opinions in interpreting "alone." The school of thought is that she is alone from the sight of someone who distinguishes. The second opinion is that she is alone with it, meaning she is exclusive in using it, meaning she performs ablution with it and no one else performs ablution with it. The difference is clear. According to the school of thought, if she has her daughter or son who is seven years old, it is permissible for the man to perform ablution with it and remove his ritual impurity with it. And according to the second opinion, if the meaning is that she was alone with it, meaning she was exclusive in purifying with it, then it is said that she is now exclusive in purifying with it. If there were people with her, it does not remove the man's ritual impurity. This interpretation of "alone," the last interpretation, is closer to the hadith, because the apparent meaning of the hadith is generality. The Prophet (peace and blessings be upon him) did not condition that she be alone with it. And his saying "for complete purification": if she was alone with it during the purification, at the beginning or at the end, such that someone saw her at the beginning of the purification and then left, or before she completed her purification someone came, is that permissible? Yes, it removes the ritual impurity, because she was not alone with it for complete purification. The third condition is "from ritual impurity," meaning she purified herself from ritual impurity. Unlike if she purified herself to renew her ablution, or if she took a bath with it while she is a woman with irregular bleeding for every prayer, then it does not remove the man's ritual impurity, because it is not from ritual impurity. And likewise, if she was alone with it to wash her clothing from impurity or to clean herself after relieving herself, then it removes the man's ritual impurity, because here she was not alone with it for purification from ritual impurity. This is the ruling of the issue according to the school of thought. And the correct view is that the prohibition in the hadith is not in the sense of prohibition, but rather in the sense of preference and dislike of a lower degree. The evidence for this is that it is established in Sahih Muslim from the hadith of Ibn Abbas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) took a bath with the leftover water of Maymunah. And in another hadith, that one of the wives of the Prophet (peace and blessings be upon him) took a bath with a large basin, and the Prophet (peace and blessings be upon him) came...
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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