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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 1 · Page 33857 - Issue: He said: (A man should not perform ablution with the remaining water used by a woman if she was alone with the water)

Translation · EN

in the vessel: if they are both clean, there is no harm in it. He said in another place (7): 'I used to see no harm in it, then I was told, reporting from Shu'bah, from Muharib ibn Dithar, from Ibn Umar, and it was as if I became hesitant about it.' He was asked about a person in a state of janaba who had water placed for him, and he dipped his hand in to check its heat or coldness. He said: 'If it was one finger, I hope there is no harm in it, but if it was the whole hand, it is as if he disliked it.' He was asked about a man entering the bathhouse alone, with no one else there, and nothing to pour with onto his hand; does he think he should use his mouth? He said: 'No, his hand and his mouth are one.' The analogy of the madhhab is what we have mentioned, and the statement of Ahmad is interpreted as simple dislike (karaha) because of the existence of disagreement on the matter. Abu Yusuf said: 'If the person in a state of janaba dips his hand into the water, it does not become spoiled, but if he dips his foot, it is spoiled; because the person in a state of janaba is impure, and his hand is pardoned due to the place of necessity.' An-Nakha'i disliked performing wudu with the remnants of a menstruating woman. Jabir ibn Zayd said: 'One should not perform wudu with it for prayer.' Most scholars do not see any harm in her remnants, including al-Hasan, Mujahid, al-Zuhri, Malik, al-Awza'i, al-Thawri, al-Shafi'i, and Abu 'Ubayd. We have already provided evidence for the purity of the person in a state of janaba and the menstruating woman, and the distinction between the hand and the foot is not valid, because they are equal in the event that impurity befalls them, so they are equal in the state of janaba. It is possible for us to accept it because the hand is intended for scooping, and that intention is what prevents the water from becoming "used" (musta'mal), and this is not found in the foot because it is not used to scoop with; thus, dipping it after intending to wash would be using the water. And Allah knows best.

57 - Issue; he said: (A man shall not perform wudu with the remaining water of a woman's wudu (1) if she has been alone with the water.)

The narration from Ahmad, may Allah have mercy on him, differs regarding a man's wudu with the remainder of a woman's purifying water (2) if she has been alone with it. The well-known view from him is that it is not permitted. This is the opinion of Abd Allah ibn Sarjis (3)

Notes

(7) From M. (1) In M: "tahur". (2) In M: "wudu". (3) Abd Allah ibn Sarjis al-Muzani, a Companion who resided in Basra; he reported from the Prophet (may Allah bless him and grant him peace) and from the Companions. Tahdhib al-Tahdhib 5/232, 233.

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