it was before the tayammum, whether he was junub, had a minor hadath, or was a menstruating woman. If it removed the hadath, everyone would be equal, as they are equal in finding [the water]. Moreover, it is a purification of necessity, so it does not remove the hadath, like the purification of a woman with irregular vaginal bleeding (mustahada), and in this, it differs from water.

Once this is established, if he intends an obligatory prayer with his tayammum, he may pray whatever he wishes of obligatory and supererogatory prayers, regardless of whether he intended a specific obligatory prayer or a general one. If he intended a supererogatory prayer or a general prayer, it is not permissible for him to pray with it except a supererogatory one. This is the opinion of al-Shafi'i. Abu Hanifa said: He may pray whatever he wishes, because it is a purification with which supererogatory prayer is valid, so the obligatory prayer is also valid with it, like purification with water. For us, the argument is the saying of the Prophet (peace and blessings be upon him): "Actions are but by intentions, and every person shall have [what he intended]." This [person did not intend] the obligatory prayer, so it is not for him. It differs from the purification of water because that removes the hadath that prevents the performance of prayer, so everything prevented by hadath is permitted to him. It is not necessary to permit supererogatory prayer by the intention of the obligatory, because the obligatory is the highest in the matter, so its intention encompasses the intention of what is below it; and when he permits it, he permits what is below it as a consequence.

Section: If he intends the obligatory prayer, he permits everything permitted by tayammum of supererogatory prayers, before and after the obligatory, reciting the Quran, touching the mushaf (copy of the Quran), and remaining in the mosque. This is the opinion of al-Shafi'i and the People of Opinion. Malik said: He does not perform supererogatory prayer before the obligatory prayer unless it is a regular (ratiba) sunnah. Something similar was narrated from Ahmad, because the supererogatory is a consequence of the obligatory, so it does not precede that which it follows. For us, the argument is that it is a supererogatory act, so its performance is permitted once he intends the obligatory prayer, like the regular sunnahs and as it is after the obligatory. As for his statement that it is a consequence: we say it is only a consequence in terms of permissibility, not in terms of performance, like the regular sunnahs, the recitation of the Quran, and others. If he intends a supererogatory prayer, it is permitted to him, as is reciting the Quran, touching the mushaf, and circumambulating (tawaf); because the supererogatory prayer is more emphatic than all of that, since the two purifications are unanimously a condition for it, while there is disagreement regarding their being a condition for what is other than it. Thus, the lesser enters into the greater, like the entry of the supererogatory into the obligatory; and because the supererogatory prayer includes the recitation of the Quran, the intention of the supererogatory includes it.