that which is not pitched, thus it absorbs particles of the impurity and does not become pure by washing, for whenever a liquid is left in it, it causes the taste and color of the wine to appear (42).
9- Issue: He said: "And if he has with him on a journey two vessels, one impure and one pure, and they are indistinguishable to him, he should pour them both out and perform Tayammum."
He only specified the state of being on a journey in this issue because that is the state in which Tayammum is permissible and water is frequently unavailable. He meant: if he does not find water other than the two indistinguishable vessels. For if he finds pure water other than them, he must perform Wudu with it, and it is not permissible to practice Ijtihad (diligent inquiry) or perform Tayammum, without any disagreement.
Vessels that are indistinguishable do not fall outside of two states:
The first is that the number of pure vessels does not exceed the impure ones, and there is no disagreement in the school (Madhhab) that it is not permissible to practice Ijtihad regarding them.
The second is that the number of pure vessels is greater (1). Abu Ali al-Najjad (2), one of our companions, went to the view that it is permissible to practice Ijtihad regarding them. This is the school of Abu Hanifah, because the manifest assumption is that one has hit upon the pure one, since the side (3) of permissibility has become stronger, so Ijtihad is permissible, just as if his sister were indistinguishable to him among the women of Egypt.
The manifest view of Ahmad's words is that it is not permissible to practice Ijtihad regarding them in any case. This is the opinion of the majority of his companions (4), and the opinion of al-Muzani (5) and Abu Thawr.
Al-Shafi'i said: One should practice Ijtihad and perform Wudu with the one he considers most likely to be pure in both states, because it is a condition
(42) In A and M: "it revealed". (1) In M: "the pure ones". (2) Abu Ali al-Husayn ibn Abd Allah al-Najjad al-Saghir al-Baghdadi. He was a revered jurist and an Imam in the fundamentals of religion (Usul al-Din) and its branches (Furu'). He passed away in the year three hundred and sixty. Tabaqat al-Hanabila 2/140-142; al-Ibar 2/321. (3) In the Original: "proof/argument". (4) In the Original: "the companions". (5) Abu Ibrahim Isma'il ibn Yahya ibn Isma'il al-Muzani, a companion of Imam al-Shafi'i, defender of his school, and author of al-Mukhtasar. He passed away in the year two hundred and sixty-four. Tabaqat al-Shafi'iyya al-Kubra 2/93-109.
