and perform tayammum for the ritual impurity (hadath). It is narrated from Ahmad that he should perform wudu and leave the garment [with the filth on it], because he is one who possesses water, and wudu is more critical than washing the garment. Abu Hanifa narrated this from Hammad regarding blood. The first [view] is more appropriate for what we have mentioned, and because if he prioritizes washing the filth of the body—even though tayammum has a role therein—then prioritizing the purification of the garment is more appropriate. If filth on the garment and filth on the body combine, and he has only enough water for one of them, he should wash the garment and perform tayammum for the filth on the body, because tayammum has a role therein.

Section: If a person in a state of janaba, a deceased person, and a woman who is required to perform ghusl due to menstruation all congregate and have water that is only enough for one of them: if it is owned by one of them, then he is more entitled to it, for he needs it for himself, and it is not permissible for him to give it to another, whether the owner is the deceased or one of the two living persons. If the water belongs to someone other than them, and he wishes to bestow it upon one of them, there are two narrations from Ahmad, may Allah have mercy on him: The first is that the deceased is more entitled to it, because washing him is the completion of his purification, so it is desirable that it be a complete purification, while the living person can return to the water and bathe. Furthermore, the objective of washing the deceased is to cleanse him, which is not achieved by tayammum, whereas the objective of the living person's washing is to permit prayer, which is achieved by [using] soil. The second [narration] is that the living person is more entitled, because he is burdened with the obligation of washing while water is present, while the requirement has lapsed for the deceased due to death. Al-Khallal chose this. Is the person in a state of janaba or the menstruating woman to be prioritized? There are two views: one is the menstruating woman, because she fulfills the right of Allah the Almighty and the right of her husband to permit intercourse. The second is the person in a state of janaba, if he is a man, because a man is more entitled to completeness than a woman, and because he is qualified to lead her in prayer, while she is not qualified to lead him. If one of them has filth on him, he is more entitled to it. If they find water in a place, it is for the living, because the deceased cannot find anything. If it belongs to the deceased and there is a surplus left over, it belongs to his heirs; if he has no heir present, the living person may take it by paying its value, because leaving it would be to waste it. Some of our companions said he may not take it, because its owner did not give him permission for it, unless he needs it for thirst, in which case he takes it on the condition of compensation.