Is ritual purity valid with usurped water?
Machine translationRead the Arabic original
Question:
Usurped water?
Answer:
It is forbidden to use it. Usurped water is forbidden, not because it is not pure; it is pure, but it is not permissible to use because you took it from its owner without right.
Q: Is the validity of ritual purity with it?
A: The correct view is that the ritual purity is valid; because the prohibition is not for the sake of the purity, but rather for the sake of the injustice. Just as the prayer is valid on usurped land according to the correct view, not because it is permissible, but because the conditions of the purity are fulfilled. However, he is a wrongdoer by usurping it, seizing it, and taking the wealth without right; he is accountable for this.
Q: The one who forbids it cited the hadith:Sahih al-Bukhari 1739, so does the ritual purity not suffice?
A: It is forbidden for you, but the ritual purity is valid; because it is purifying water, and he performed ablution with it, so it sufficed him. But he is a wrongdoer by this, and the ritual purity is not invalidated. It is like one who prayed on usurped land; his prayer is valid and he is sinful. The issue is subject to scholarly disagreement, but this is the stronger position.
Q: Did he cite this hadith to prove the invalidity of the ritual purity?
A: This indicates only the prohibition.
Usurped water?
Answer:
It is forbidden to use it. Usurped water is forbidden, not because it is not pure; it is pure, but it is not permissible to use because you took it from its owner without right.
Q: Is the validity of ritual purity with it?
A: The correct view is that the ritual purity is valid; because the prohibition is not for the sake of the purity, but rather for the sake of the injustice. Just as the prayer is valid on usurped land according to the correct view, not because it is permissible, but because the conditions of the purity are fulfilled. However, he is a wrongdoer by usurping it, seizing it, and taking the wealth without right; he is accountable for this.
Q: The one who forbids it cited the hadith:
Your blood, your properties, and your honor are sacred to one another
إنَّ دماءكم وأموالكم وأعراضَكم عليكم حرامA: It is forbidden for you, but the ritual purity is valid; because it is purifying water, and he performed ablution with it, so it sufficed him. But he is a wrongdoer by this, and the ritual purity is not invalidated. It is like one who prayed on usurped land; his prayer is valid and he is sinful. The issue is subject to scholarly disagreement, but this is the stronger position.
Q: Did he cite this hadith to prove the invalidity of the ritual purity?
A: This indicates only the prohibition.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.