The Lawgiver or the discourse of the jurists refers to the technical Sharia subject [not the linguistic one; likewise, everything that has both a Sharia and a linguistic subject, the absolute use of the term refers to the technical Sharia subject] such as wudu' (ablution), prayer, fasting, zakat, hajj, and the like, because the apparent intent of the Lawgiver is to speak according to his specific technical definitions.
"Al-tuhur"—with a damma on the ta'—is the verbal noun, as stated by al-Yazidi.
"Al-tahur"—with a fatha—is among the transitive nouns, meaning that which purifies other things, like "al-ghasul" (that with which one washes).
Some of the Hanafis said: It is an intransitive noun, synonymous with "tahir" (pure); for the Arabs do not differentiate between the "fa'il" form and the "fa'ul" form regarding transitivity and intransitivity. Thus, if the "fa'il" form is intransitive, its "fa'ul" form is also intransitive, evidenced by "qa'id" (sitting) and "qa'ud", "na'im" (sleeping) and "na'um", "darib" (striking) and "darub".
This is incorrect; for Allah the Almighty said: "...to purify you therewith" (8:11), and Jabir, may Allah be pleased with him, narrated that the Prophet -may Allah bless him and grant him peace- said: "I have been given five things which no Prophet before me was given: I have been granted victory through awe for a distance of a month's journey, and the earth has been made for me a place of worship and a means of purification (tahuran)." (Agreed upon). If he had meant only "tahir" (pure), there would have been no distinction, because it is pure for everyone. The Prophet -may Allah bless him and grant him peace- was asked about performing wudu' with seawater, and he said: "It is the purifier (al-tahur), its water is lawful, its dead are lawful." And if it were not
(8) Omitted from the original (MS A). (9) Abu Muhammad Yahya ibn al-Mubarak al-Yazidi, the grammarian, philologist, and Qur'an reciter, tutor to the Caliph al-Ma'mun. He died in the year 202. Tarikh al-'Ulama' al-Nahwiyyin 113-120. (10) Surah al-Anfal: 11. (11) Recorded by al-Bukhari, in: The first chapter of the Book of Tayammum (Dry Ablution), and in: Chapter: The saying of the Prophet -may Allah bless him and grant him peace-: "The earth has been made for me a place of worship and a purifier," from the Book of Prayer. Sahih al-Bukhari 1/91, 92, 119. And by Muslim, in: Places of Prayer, from the Book of Masjids. Sahih Muslim 1/370, 371. And by al-Nasa'i, in: Chapter: Tayammum with soil, from the Book of Ghusl (Ritual Bath) and Tayammum. Al-Mujtaba min al-Sunan 1/172. And by al-Darimi, in: Chapter: The whole earth is a purifier except for graveyards and bathhouses, from the Book of Prayer, and Chapter: Spoils of war are not lawful for anyone before us, from the Book of Expeditions (Siyar). Sunan al-Darimi 1/322, 323, 2/224. And by al-Tirmidhi, in: Chapter: What has been related regarding spoils of war, from the Chapters on Expeditions (Siyar). 'Aridat al-Ahwadhi 7/42. And by Imam Ahmad, in: Al-Musnad 1/98, 301, 351, 2/222, 412, 551, 3/304, 4/416, 5/145, 148, 161, 162, 248, 256. (12) Recorded by Abu Dawud, in: Chapter: Wudu' with seawater, from the Book of Purification. Sunan Abi Dawud 1/19. And by al-Tirmidhi, in: =