is more emphasized than removing impurity, based on what we established regarding [praying while sitting, so it is more appropriate] (33). Furthermore, the Prophet (peace and blessings of Allah be upon him) said: ["Cover your thigh] (34)." This is general. Also, because covering [is unanimously agreed upon as a condition] (35), whereas purity from impurity is a matter of disagreement, so the agreed-upon matter takes precedence. (36) What al-Shafi'i mentioned is countered by the fact that he was able to cover his nakedness, so it became obligatory for him, just as if he had found a pure garment. Once this is established, if he prays in it, he is not obligated to repeat the prayer because he has fulfilled what he was commanded to do, making him like someone who did not find a garment and prayed naked, or someone who prayed in an impure place from which he could not exit. Ahmad explicitly stated that he is not obligated to repeat the prayer. It was also reported from him regarding one who prayed in an impure garment that he should repeat it, because he prayed in an impure garment when it was possible for him not to pray in it. The first [position] is more correct because the Lawgiver prevented him from removing it. This is the school of Malik and al-Awza'i; because purification from impurity is a condition he is unable to fulfill, so it is waived, like the cover (sutrah)—in fact, this is more appropriate, for the cover is more emphasized, as evidenced by its precedence over this [condition]. If he finds nothing but a silk garment, he should pray in it, and he is not required to repeat it because the prohibition against wearing it is lifted by the necessity for it. If he finds nothing but a usurped (maghsūb) garment, he should pray naked; because the prohibition against it concerns the right of a human being, so it resembles one who finds no water to perform wudu except by usurping it, so he performs tayammum and abandons it.
(33) In the original: "its emphasis over the pillars of prayer." (34) In the original: "Allah does not accept the prayer of a menstruating woman except with a khimar (head covering)." The takhrij (authentication) of the hadith "Cover your thigh" preceded on page 285. (35) In the original: "upon it." (36) From here to the end of his statement: "he performs tayammum and abandons it," it appears in M as: "What al-Shafi'i mentioned is countered by its equivalent, which is that he was able to cover his nakedness, so it became obligatory, just as if he found a pure garment. If he stands alone, he prays in it. The explicit text from Ahmad is that he does not repeat, because purity from impurity is a condition that has been missed. He also explicitly stated regarding one who prays in an impure place from which he cannot exit that he does not repeat. Thus, it is the same here. This is the school of Malik and al-Awza'i. It is the correct [position] because it is a condition for prayer that he is unable to fulfill, so it is waived, like the cover (sutrah) and facing the Qibla—in fact, more appropriate, for the cover is more emphasized, as evidenced by its being placed before this condition, and yet the prayer is considered valid and sufficient in its absence, so it is more appropriate here. If he finds nothing but a silk garment, he prays in it and does not repeat. If he finds nothing but a usurped garment, he prays naked, due to the human right involved in that, so it resembles the case where he finds no water to perform wudu except by usurping it, so he performs tayammum. It is like this here. And Allah knows best."
