found it. Ibn Aqil said: It is possible that he is like one who forgets. The correct view is that he does not have to repeat it, which is the opinion of al-Shafi'i, because he is not considered a finder of water, thus falling under the general scope of His saying, the Almighty: "And you do not find water, then perform Tayammum." Furthermore, he is not negligent, unlike the one who forgets. If the water was with his slave, and the slave forgot it until his master prayed, it is possible that he is like the one who forgets, and it is also possible that he does not repeat it, because the negligence was from someone else.

Section: If he prays, and then it becomes apparent that there was a well or water near him, one must consider: if it was hidden without any sign, and he searched for it but did not find it, he does not have to repeat it, because he was not negligent. But if its markers were apparent, then he has been negligent, and he must repeat the prayer.

65 - Issue; He said: (The preferred choice is to delay Tayammum)

The apparent meaning of the words of al-Khiraqi is that delaying Tayammum is preferable in all cases. This is what is explicitly stated by Ahmad, and it is narrated from Ali, Ata', al-Hasan, Ibn Sirin, al-Zuhri, al-Thawri, and the scholars of opinion (Ashab al-Ra'y). Abu al-Khattab said: It is recommended to delay it if he hopes for the presence of water, and if he despairs of finding it, it is recommended to perform it earlier. This is the school of Malik. Al-Shafi'i said in one of his two opinions: Performing it earlier is better, unless he is confident that water will be found within the time [of prayer], because it is not recommended to abandon the virtue of the beginning of the time—which is confirmed—for something merely suspected. Our argument is the statement of Ali, may Allah be pleased with him, regarding the one in a state of janaba: "He should wait (yatawamma) until the end of the time; if he finds water, [he uses it], otherwise he performs Tayammum." Moreover, it is recommended to delay the prayer until after [the time of] Isha and attending to one's needs, so that its khushu' (reverence) and presence of heart are not lost; and it is recommended to delay it to catch the congregational prayer, so delaying it to attain the required purification is even more appropriate.

66 - Issue; He said: (If he performs Tayammum at the beginning of the time and prays, it suffices him, even if he finds water within the time)

The summary of this is that the person in travel who lacks water, if he prays with Tayammum then finds water, if