As for our evidence, it is the saying of Allah the Almighty: "And do not kill yourselves" [An-Nisa: 29], and His saying: "And do not throw [yourselves] with your [own] hands into destruction" [Al-Baqarah: 195]. Abu Dawud and Abu Bakr al-Khallal narrated, with their chains of narration, from 'Amr ibn al-'As, who said: I experienced a wet dream on a cold night during the Battle of Dhat al-Salasil, and I feared that if I performed the full bath (ghusl), I would perish. So I performed tayammum, then led my companions in the dawn prayer. They mentioned this to the Prophet (peace be upon him), and he said: "O 'Amr, did you lead your companions in prayer while you were junub (ritually impure)?" I informed him of what prevented me from performing the full bath, and I said: "I heard Allah the Almighty say: 'And do not kill yourselves; indeed Allah is to you ever Merciful' [An-Nisa: 29]." The Messenger of Allah (peace be upon him) laughed and did not say anything. The silence of the Prophet (peace be upon him) indicates its permissibility, because he would not approve of an error. Furthermore, he was fearing for his own life, so tayammum was permitted for him, just as it is for the wounded and the sick, and just as it would be if one feared death from thirst, a thief, or a beast of prey while searching for water.

When he performs tayammum and prays, is he obligated to repeat the prayer? There are two narrations regarding this: The first is that he is not obligated to do so. This is the opinion of al-Thawri, Malik, Abu Hanifah, and Ibn al-Mundhir, based on the hadith of 'Amr, for the Prophet (peace be upon him) did not command him to repeat it, and had it been mandatory, he would have commanded him to do so. Also, because he is someone fearing for his own life, he is like the sick person, and he has fulfilled what he was commanded to do, so he is like any other person who prays with tayammum. The second is that he is obligated to repeat it. This is the opinion of Abu Yusuf and Muhammad, because it is a rare excuse that is not perpetual, so it does not waive the obligation of repetition, just like forgetting ritual purity. The first opinion is more correct. It differs from forgetting ritual purity because in that case, one has not performed what was commanded, but rather merely thought that one had performed it, which is different from our situation. Abu al-Khattab said: He is not obligated to repeat it if he is a traveler, but if he is a resident, there are two narrations; this is because being a resident is a presumption of the ability to heat water or enter public baths, unlike in the case of travel. Al-Shafi'i said: He repeats the prayer if he is a resident, and if he is a traveler, there are two opinions.