travelers who do not find water, so they perform tayammum. Some of our companions said: He may remain without tayammum because tayammum does not remove the state of impurity. This is incorrect, because it contradicts the statement of those we named among the Companions, and because this is a matter for which purification is a condition, so tayammum is mandatory for it in case of inability, like prayer and everything else for which purification is a condition. As for their argument that it does not remove the state of impurity, we say: It stands in the place of that which removes the impurity in terms of permitting what is permissible through it.

Section: If a person in a state of major impurity performs wudu’ (partial ablution), they may remain in the mosque according to the view of our companions and Ishaq. Most scholars said: It is not permissible, due to the verse and the report. Our companions used as evidence what was narrated from Zayd ibn Aslam (13), who said: The companions of the Messenger of Allah -may Allah bless him and grant him peace- used to talk in the mosque without wudu’, and a man would be in a state of major impurity, so he would perform wudu’ and then enter and talk. This is an indication concerning all of them, so it constitutes a consensus that specifies the general ruling. Also, when he performs wudu’, the effect of the impurity is lightened, so it resembles tayammum in the absence of water. Evidence for its lightness is the command of the Prophet -may Allah bless him and grant him peace- to the person in a state of major impurity to perform it if he intends to sleep, and the recommendation of it for one who intends to eat or repeat sexual intercourse. As for a menstruating woman, if she performs wudu’, remaining in the mosque is not permitted for her, because her wudu’ is not valid.

34 - Issue: He said: (And none shall touch the Mushaf [copy of the Qur'an] except one who is pure).

He means pure from both states of impurity. This was narrated from Ibn Umar, al-Hasan, ‘Ata’, Tawus, al-Sha‘bi, and al-Qasim ibn Muhammad, and it is the view of Malik, al-Shafi‘i, and the scholars of opinion (Ashab al-Ra’y). We know of no one who disagrees with them except Dawud, for he permitted touching it, arguing that the Prophet -may Allah bless him and grant him peace- wrote an ayah (verse) in his letter to Caesar. Al-Hakam and Hammad permitted touching it with the back of the hand, because the instrument of touching is the inner part of the hand, so the prohibition is directed toward it and not others. We have the word of the Exalted: "None touches it except..."