64 - Issue: He said: "When the time for prayer enters and he has sought water but found it scarce."

These are three conditions for the validity of Tayammum:

The first is the entry of the prayer time. If it is an obligatory prayer currently being performed, Tayammum is not permissible before the entry of its time. If it is a supererogatory prayer, Tayammum for it is not permissible at a time when its performance is forbidden, for that is not its time. If it is a missed prayer, Tayammum for it is permissible at any time, because its performance is permitted at all times. This is the view of Malik and al-Shafi'i. Abu Hanifa said: Tayammum is valid before the time of prayer, because it is a purification that makes prayer permissible, so its advance performance before the prayer time is permitted, like all other purifications. It was narrated from Ahmad that he said: The analogy is that Tayammum is in the same status as purification until one finds water or invalidates the state of purity. According to this, it is permissible before the time. The madhhab is the first [opinion], because it is a purification of necessity, so it is not permitted before the time, like the purification of the woman suffering from chronic vaginal bleeding (mustahada). Alternatively, we say: He performs Tayammum for the obligatory prayer at a time when he is not in need of it, so it is like the case if he performed Tayammum while water was present. Their analogy is refuted by the purification of the mustahada, and Tayammum differs from all other purifications because it is not for a necessity [in the same sense].

The second condition is the seeking of water. This condition and the scarcity of water are only stipulated for the one who performs Tayammum due to the excuse of lacking water. The famous view from Ahmad is the requirement to seek water for the validity of Tayammum, which is also the madhhab of al-Shafi'i. It was narrated from Ahmad that seeking is not required, which is the madhhab of Abu Hanifa, based on his (the Prophet's) peace be upon him saying: "The earth is sufficient for you as long as you do not find water." Also, because he is not aware of the presence of water near him, so it is like the case if he had sought it and not found it. As for us, [we rely on] His saying, the Almighty: {And you do not find water, then perform Tayammum}, and it is not established that he is "not finding" unless after searching, for it is possible that there is water near him that he does not know of. That is why when He commanded the expiation for Dhihar by freeing a slave, He said: {And whoever does not find [one], then a fast of two consecutive months}, He did not permit him the fast until he sought the slave, and he was not counted as "not finding" before that. Also, because it is a prerequisite for prayer specific to it, therefore exerting effort in seeking it upon scarcity is binding upon him, like the [direction of] the Qibla.