its ruling by the performance of an obligatory act with it, similar to a garment in which one prays repeatedly.
Abu Yusuf said: It is impure (najis). This is a narration from Abu Hanifah because the Prophet (peace and blessings of Allah be upon him) said: "Let none of you urinate in stagnant water, nor perform ghusl for major ritual impurity in it." Recorded by Abu Dawud (8). This implies that performing ghusl in it is like urinating in it. Furthermore, it is called taharah (purification), and purification cannot exist except in the absence of filth, since the purification of that which is already pure is inconceivable.
Our argument for its purity is that whenever the Prophet (peace and blessings of Allah be upon him) performed ablution, his companions would nearly fight over his water. Recorded by al-Bukhari (9). Furthermore, he (peace and blessings of Allah be upon him) poured some of his ablution water over Jabir when he was ill (10); if it were impure, such an act would not be permissible. Moreover, the Prophet (peace and blessings of Allah be upon him) [and his companions] (11) and his wives would perform ablution in basins and bowls and perform ghusl in large troughs; such a process is not free from spray falling back into the water from the used water. For this reason, Ibrahim al-Nakha'i said: There is no avoiding (12) that.
(8) In: The Chapter on Urinating in Stagnant Water, from the Book of Purification. Sunan Abi Dawud 1/17. It was also recorded by al-Bukhari in: The Chapter on Stagnant Water, from the Book of Ablution. Sahih al-Bukhari 1/69. And al-Nasa'i in: The Chapter on the Prohibition of Performing Ghusl for the Junub in Stagnant Water, and The Chapter on the Prohibition of Urinating in Stagnant Water and Performing Ghusl from it, from the Book of Purification, and The Chapter on the Mention of the Prohibition for the Junub to Perform Ghusl in Stagnant Water, from the Book of Ghusl and Tayammum. Al-Mujtaba 1/103, 104, 162. And Imam Ahmad in the Musnad 2/433. A similar version was recorded by Muslim in: The Chapter on the Prohibition of Urinating in Stagnant Water, from the Book of Purification. Sahih Muslim 1/235; al-Tirmidhi in: The Chapter on the Dislike of Urinating in Stagnant Water, from the Chapters of Purification. 'Aridat al-Ahwadhi 1/86; al-Nasa'i in: The Chapter on Stagnant Water, from the Book of Purification. Al-Mujtaba 1/44; Ibn Majah in: The Chapter on the Prohibition of Urinating in Stagnant Water, from the Book of Purification 1/124; al-Darimi in: The Chapter on Ablution from Stagnant Water, from the Book of Ablution. Sunan al-Darimi 1/186; and Imam Ahmad in the Musnad 2/259, 265, 288, 316, 346, 362, 394, 464, 529, 3/341, 350. (9) In the Chapter on Using the Leftover Ablution Water of People, from the Book of Ablution, and the Chapter on Conditions in Jihad, from the Book of Conditions. Sahih al-Bukhari 1/59, 3/254. It was also recorded by Imam Ahmad in the Musnad 4/329, 330. (10) Recorded by al-Bukhari in: The Chapter on the Ablution of a Visitor for the Sick, from the Book of the Sick. Sahih al-Bukhari 7/157. (11) Omitted from: The original. (12) In the original: "wabd".
