thirst, just as if he had no other water with him. If he finds both while he is thirsty, he drinks the pure water and pours out the impure one if he can dispense with it, whether this is within the prayer time or before it. Some of the Shafi'is said: If it is within the time, he should drink the impure one because the pure water is entitled to be used for purification, and thus it is as if it were non-existent. This is not correct because drinking impure water is forbidden, and the pure water only becomes entitled to be used for purification if he can dispense with drinking it, whereas here he is not able to dispense with drinking it; thus, the presence of the impure water is equivalent to its non-existence due to the prohibition of drinking it.

Section: If water is available, but if he were to occupy himself with obtaining and using it, the prayer time would expire, it is not permissible for him to perform tayammum, regardless of whether he is resident or a traveler, according to the opinion of most scholars, including Al-Shafi'i, Abu Thawr, Ibn al-Mundhir, and the scholars of opinion (Ashab al-Ra'y). Al-Awza'i and Al-Thawri held that he may perform tayammum; this was narrated from them by Al-Walid ibn Muslim. Al-Walid said: "I mentioned that to Malik, Ibn Abi Dhi'b, and Sa'id ibn Abd al-Aziz, and they said: 'He should perform ghusl (full ablution), even if the sun has risen.'" This is due to the saying of Allah the Almighty: "If you do not find water, then perform tayammum," and the hadith of Abu Dharr. This person has indeed found water, and because he is capable of using water, it is not permissible for him to perform tayammum, just as if he did not fear the expiration of the time. Also, because purification is a condition [for prayer], it is not permissible to abandon it for fear of its time expiring, just like all other conditions. If he fears the expiration of the Eid prayer, it is not permissible for him to perform tayammum. Al-Awza'i and the scholars of opinion said: He may perform tayammum, because he fears missing it entirely, so he is like one who lacks water. Our view is based on the Quranic verse, the report (hadith), and the meaning we mentioned. If he fears missing the funeral prayer, the ruling is the same according to one of the two narrations, for the reason we have mentioned. The other narration states that it is permissible for him to perform tayammum and pray over the deceased. This was stated by Al-Nakha'i, Al-Zuhri, Al-Hasan, Yahya al-Ansari, Sa'd ibn Ibrahim, Al-Layth, Al-Thawri, Al-Awza'i, Ishaq, and the scholars of opinion, because it is not possible to make it up with wudu, so he is like one who lacks water. Al-Sha'bi said: He should pray over it without wudu or tayammum, because it has neither bowing nor prostration; it is merely a supplication, so it is like supplication outside of prayer. Our evidence is the saying of the Prophet (peace and blessings of Allah be upon him): "Allah does not accept a prayer without purification," and his saying: "Allah does not accept the prayer of one who has broken his ritual purity until he performs wudu," and the saying of Allah the Almighty: "When you stand for prayer, wash your faces," up to the end of the verse. Then He permitted the abandonment of washing on the condition of the absence of water, by His saying: "If you do not find water, then perform tayammum." Thus, as long as the condition is not met, the matter remains upon the general ruling.