The ruling on the prayer of one who performed ablution with water from the endowed coolers
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Question:
Regarding the issue of performing ablution with water from the coolers, you said once that he must repeat the prayer, and you said once that he does not repeat the prayer?
Answer:
This is a matter of scholarly disagreement regarding usurped property. A group of scholars say that he must repeat the prayer, while another group says that the usurped property is not specific to water; it is general. One does not use usurped property at all. However, if he prays on usurped land, or performs ablution with usurped water, the prayer is valid, but he is sinful. This is because the prohibition is not specific to prayer; it is general. He has no right to use the endowed water for anything other than what it was endowed for, and he has no right to use land in which he has not been given permission: he may not sit in it, sleep in it, or pray in it. Since the prohibition is general, the prayer is valid with this general prohibition, unlike a specific prohibition. A specific prohibition is restricted to what it is specific to, such as prayer or something else, like a person breaking his fast by eating and drinking or the like, because the fasting person is prohibited from that. This is unlike if he wrongs someone, hits someone, or enters someone’s house; he does not break his fast by that, even though he is disobedient, because this is a general prohibition. The specific matter is what relates to his eating and drinking. So it is with the issue of usurped water and usurped land. Perhaps this is the closer view, if Allah wills, because the prohibition is general. If he repeats the prayer out of caution and to avoid the disagreement, that is good, if Allah wills.
Q: So it is valid despite the sin?
A: Valid despite the sin, yes. For example, one who prays in a usurped garment, or buys it with a defective contract. The point is a usurped garment, which is clear. The prayer is valid because the usurpation is not specific to prayer. It is blameworthy in any case, even outside of prayer.
Regarding the issue of performing ablution with water from the coolers, you said once that he must repeat the prayer, and you said once that he does not repeat the prayer?
Answer:
This is a matter of scholarly disagreement regarding usurped property. A group of scholars say that he must repeat the prayer, while another group says that the usurped property is not specific to water; it is general. One does not use usurped property at all. However, if he prays on usurped land, or performs ablution with usurped water, the prayer is valid, but he is sinful. This is because the prohibition is not specific to prayer; it is general. He has no right to use the endowed water for anything other than what it was endowed for, and he has no right to use land in which he has not been given permission: he may not sit in it, sleep in it, or pray in it. Since the prohibition is general, the prayer is valid with this general prohibition, unlike a specific prohibition. A specific prohibition is restricted to what it is specific to, such as prayer or something else, like a person breaking his fast by eating and drinking or the like, because the fasting person is prohibited from that. This is unlike if he wrongs someone, hits someone, or enters someone’s house; he does not break his fast by that, even though he is disobedient, because this is a general prohibition. The specific matter is what relates to his eating and drinking. So it is with the issue of usurped water and usurped land. Perhaps this is the closer view, if Allah wills, because the prohibition is general. If he repeats the prayer out of caution and to avoid the disagreement, that is good, if Allah wills.
Q: So it is valid despite the sin?
A: Valid despite the sin, yes. For example, one who prays in a usurped garment, or buys it with a defective contract. The point is a usurped garment, which is clear. The prayer is valid because the usurpation is not specific to prayer. It is blameworthy in any case, even outside of prayer.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.