perform [the purification] in his own land, the Qadi said: It is binding upon him to purchase it, because he is capable of acquiring it in a way that involves no harm. Abu al-Hasan al-Amidi said: It is not binding upon him to purchase it, because he faces harm in the persistence of the debt on his conscience, and his wealth might perish before he pays it off. If there is no [money] in his land to pay its price, it is not binding upon him to purchase it, because he would face harm. And if [the seller] does not offer it to him, and it was in excess of his need, it is not permissible for him to overcharge him for it, because necessity does not call for it, as this has a substitute, which is Tayammum, unlike food during a famine.

Section: If he possesses water and spills it before the time [of prayer], or passes by water before the time and bypasses it, and then lacks water within the time, he performs prayer with Tayammum without needing to repeat it. Al-Shafi'i also says this. Al-Awza'i said: If he thinks he will reach water within the time, it is as we said; otherwise, he prays with Tayammum and must repeat it, because he was negligent. Our argument is that it was not binding upon him to use it [at that time], so it is similar to the case where he thinks he will reach water within the time. If he spills the water within the time, or passes by it within the time and does not use it, then lacks water, he performs Tayammum and prays. Regarding repeating the prayer, there are two possibilities: One of them is that he does not repeat it, because he prayed with a valid Tayammum, the conditions of which were fulfilled, so it is as if he had spilled it before the time. The second is that he repeats it, because prayer with Wudu was binding upon him, and he has forfeited the capacity [for it] himself, so he remains in default of the obligation. If he gives it away as a gift after the time has entered, the gift is not valid, and the water remains his property. If he were to perform Tayammum while the water remains [in his possession], his Tayammum would not be valid. If the recipient disposes of it, it is as if he had spilled it himself.

Section: If he forgets it in his luggage or a place where he could have used it and prays with Tayammum, Ahmad, may Allah have mercy on him, hesitated regarding this issue, and in one place he affirmed that it does not suffice him, which is the view of al-Shafi'i. Abu Hanifa and Abu Thawr said: It suffices him. From Malik, there are two views like those of the [Shafi'i and Hanbali] schools, because, with forgetfulness, he is not capable of using the water, so he is like one who lacks it. Our argument is that it is a purification that is obligatory when one is mindful, so it does not lapse due to forgetfulness, just as if he had prayed while forgetting his hadath (ritual impurity), then remembered, or [as in the case of] one who wipes [over footwear] then it becomes apparent that the period for wiping had ended before his prayer. It differs from what they drew an analogy to, for he was not negligent there, whereas here he is negligent by omitting the search.