‘Do not urinate in stagnant water, then perform ablution from it.’ Agreed upon (35). He prohibited ablution from stagnant water after urinating in it and did not distinguish between small or large quantities. This is because it is water into which an impurity has fallen, and there is no security against its spreading, so it becomes impure because of it (36), just like a small quantity.

Our evidence is the report of the two qullahs and the well of Bida’ah, both of which we have already mentioned. For the Prophet (peace and blessings of Allah be upon him) said: ‘Water is purifying and nothing makes it impure,’ despite them saying to him: ‘Do we perform ablution from the well of Bida’ah, even though it is a well into which used menstrual pads, the flesh of dogs, and stench are thrown?’ And the well of Bida’ah does not reach the limit they have mentioned.

Abu Dawud said: ‘I measured the well of Bida’ah with my cloak; I spread it over it and then measured it. Its width was six cubits. I asked the person who opened the garden gate for me: Was its structure changed from how it was? He said: No. I asked its caretaker about its depth, [and I said: How much water is usually in it? He said: Up to the pubic area] (37). I said: And when it decreases? He said: Below the private parts’ (38). Because it is water that reaches the amount of two qullahs, it resembles water that exceeds ten cubits. Their report is general, and our report is specific, so it must be given precedence.

Second, their report must necessarily be restricted, for it is agreed that water exceeding the limit they mentioned does not prevent performing ablution from it. Since it is necessary to restrict it, restricting it using the words of the Prophet (peace and blessings of Allah be upon him) is more appropriate than restricting it based on opinion and whim without any foundation to return to, nor any evidence to rely upon. Furthermore, the limit they mentioned is an estimation whose method is through authoritative textual evidence (tawqif), and it cannot be reached except by a text or consensus, and they possess neither a text nor consensus. Moreover, their report is specific to urine, and we hold this view according to one of the two narrations, restricting the ruling to what is covered by the text, which is urine; because it has a level of persistence and diffusion in water that other things do not have, as we shall mention, if Allah the Almighty wills.