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Thursday, October 08, 2015

Fiqh: Kitaab at-Tahaarah (Part 2)

5-With the majority water is of three types: water that is pure and it purifies (Mutahhar), water that is pure but that doesn’t purify (Tahir) and water that is impure (Najis). The Maalikees disagree with this classification and have stated that water can only be Mutahhar or Najis, as water that doesn’t purify doesn’t exist. This is the opinion of al-‘Uthaymeen and Ibn Taymiyyah also. They argue, if water ceases to have the quality of being Mutahhar (either because of the smell, taste or colour changing) will not be called water anymore.

6-Water can only cease to be water or deemed as being impure water if the smell, colour or taste changes. This is a matter of agreement between the scholars. However, this depends on the quantity of water, because if an impurity falls into a small amount of water, it would be deemed as being impure even if the three characteristics above do not change. Uthaymeen said, the correct opinion is that water remains as being water unless the characteristics change even if something impure has fallen into it.

7-Substances falling into water but don’t mix with it is known as al-Mujaawarah. Uthaymeen states that this doesn’t change the purity of the water, this is the correct view. This is contrary t  the view of the majority of the scholars that say that the water becomes Taahir but not Mutahhar, as Muttahar is unhampered water or al-Maa’ al-Mutlaq.

E.g. if particles of leaves from a tree were to fall into water, the correct opinion is that the water remains as being called water and it remains Mutahhar. The majority will say that this water has become corrupted.

Some of the Hanbalees say it is Makrooh to use this water in order to abstain from the strong difference of opinion on the issue, but all matters have strong difference of opinion – so this view is weak with al-'Uthaymeen. 

8-Based on issue number 7 - some of the Hanbalees held the view that heating water up with fire that it is fueled with something Najis is Makrooh. However, al-'Uthaymeen opines that this is not the correct opinion, as smell, taste and colour is not effected by smoke. Some of the scholars even stated that there is Ijmaa that external smell that passes over water, such as smoke, doesn’t make the water impure by merely passing over it.

9-al-Maa al-Musta’mal or water that has already been used is Taahir but not Mutahhir with the majority. Meaning, if water has been used to make Wudhoo or Ghusl, then that water cannot be used again to make Wudhoo again even if the characteristics of that water hasn’t changed. Some of the Hanbalees disagreed with this and so did the Maalikees. Uthaymeen supports the view of the latter, that as long as water is clean (in its smell, taste and colour) it can be used again.

To be continued…

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