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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 1 · Page 391

Translation · EN

He did not know what to say, so he replied: "If we were to grant them a concession in this, it would be likely that if the water became cold for one of them, he would leave it and perform tayammum." Al-Tirmidhi said: It is narrated from Ibn Mas'ud that he retracted his opinion. Among the evidence indicating the permissibility of tayammum for the junub is what Imran ibn Husayn narrated: The Messenger of Allah (peace and blessings of Allah be upon him) saw a man keeping to himself, not praying with the people. He said: "O you! What prevented you from praying with the people?" He said: "I became junub and there is no water." He said: "You must use the pure earth, for it is sufficient for you." Agreed upon. [Also] the hadith of Abu Dharr, Amr ibn al-As, and the hadith of Jabir regarding the man who sustained a scalp wound. Furthermore, because it is a hadath [minor ritual impurity], it is permissible for him to perform tayammum, just like for minor ritual impurity.

Among these [rulings] is that if a wounded or ill person fears for himself [due to] using water, [it is permissible for him] to perform tayammum. This is the opinion of the majority of scholars, including Ibn Abbas, Mujahid, Ikrimah, Tawus, al-Nakha'i, Qatadah, Malik, and al-Shafi'i. Ata did not grant him a concession for tayammum except when water is absent, based on the apparent meaning of the verse; a similar view is narrated from al-Hasan regarding the junub person with smallpox, where he said: "Ghusl is necessary." Our evidence is the saying of Allah, the Almighty: "And do not kill yourselves," and the hadith of Amr ibn al-As when he performed tayammum due to the fear of cold, and the hadith of Ibn Abbas and Jabir regarding the one who sustained a scalp wound.

Notes

(3) Omitted from the original; it is in the Sahih. (4) In: Chapter: What has been narrated concerning tayammum for the junub when he does not find water, from the Chapters on Purification. Aridat al-Ahwadhi 1/193. (5) Recorded by al-Bukhari, in: Chapter: Pure earth is the wudu of the Muslim, it suffices him [as a substitute] for water, and Chapter: 'Abd-Allah narrated to us, from the Book of Tayammum. Sahih al-Bukhari 1/93, 96. And by Muslim, in: Chapter: Making up missed prayers and the recommendation to expedite making them up, from the Book of Mosques. Sahih Muslim 1/474. And by al-Nasa'i, in: Chapter: Tayammum with earth, from the Book of Purification. Al-Mujtaba 1/139. And by al-Darimi, in: Chapter: Tayammum, from the Book of Purification. Sunan al-Darimi 1/190. And by Imam Ahmad, in: al-Musnad 4/434. (6) Previously mentioned on page 311. (7) The hadith of Amr ibn al-As will come on page 340, and the hadith of Jabir on pages 336, 337. (8) In [Manuscript] M: "falahu" [for him]. (9) Surah al-Nisa, 29. (10) Meaning the hadith of Abu al-Juhaym ibn al-Harith ibn al-Simma, which Ibn Abbas narrated from him, and which was previously mentioned on page 321. Al-Bukhari mentioned in the Chapter: Pure earth is the wudu of the Muslim, from the Book of Tayammum, that Ibn Abbas led [the prayer] while he was in a state of tayammum. Sahih al-Bukhari 1/93. See also the takhrij [documentation] of the hadith of Ibn Abbas coming on page 337.

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