permission for it, unless he needs it for thirst, in which case he takes it on the condition of compensation. If a person in a state of janaba and a person with a minor ritual impurity (muhdith) congregate, the person in a state of janaba is more entitled to it if the water is sufficient for him, because he benefits from it in a way the person with a minor impurity does not. If it is according to the need of the person with a minor impurity, he is more entitled to it, because he benefits from it by [achieving] a complete purification. If it is not sufficient for either of them, the person in a state of janaba is more entitled to it, because he benefits from it by purifying some of his limbs. If it is sufficient for each of them, but there is a surplus left over that is not sufficient for the other, the person with a minor impurity is more entitled to it, because his surplus can be used by the person in a state of janaba. It is possible that the person in a state of janaba is more entitled, because he benefits from his bath in a way the person with a minor impurity does not. If someone other than them who is more entitled to the water overcomes it and uses it, he is a sinner, but it is valid for him, because the other did not own it; rather, he was prioritized due to the intensity of his need.

Section: Is it disliked for one who lacks water to have intercourse with his wife if he does not fear hardship? There are two narrations regarding this: The first is that it is disliked, because he causes himself to lose a purification that it was possible to maintain. The second is that it is not disliked, which is the opinion of Jabir ibn Zayd, al-Hasan, Qatada, al-Thawri, al-Awza'i, Ishaq, the People of Opinion (Ashab al-Ra'y), and Ibn al-Mundhir. It was narrated from al-Awza'i that if there are four nights between him and his wife, he may have intercourse with her, but if there are three or less, he should not. The preferred view is the permissibility of having intercourse with her without dislike, because Abu Dharr said to the Prophet (may Allah bless him and grant him peace): "I am away from water while I am with my wife, so I become in a state of janaba, and I pray without purification?" The Prophet (may Allah bless him and grant him peace) said: "Pure soil is a means of purification." Narrated by Abu Dawud and al-Nasa'i. Ibn Abbas had intercourse with a Roman slave girl of his while he lacked water, and he prayed with his companions, among whom was Ammar, and they did not disapprove of it. Ishaq ibn Rahwayh said: It is an established Sunnah from the Prophet (may Allah bless him and grant him peace) regarding Abu Dharr, Ammar, and others. So, if they do so and find water with which they can wash their private parts, they should wash them and then perform tayammum. If they do not find any, they should perform tayammum for the janaba, the minor ritual impurity, and the filth, and then pray.