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Monday, October 12, 2015

Fiqh: Kitaab at-Tahaarah (Part 3)

10-If water reaches to approximately 200Kg (Qullahtayn) then nothing can make it impure, unless if the smell, taste or colour changes.

11-In the Hanbalee Madhab, there are three views on what makes a large amount of water Najis:
-Impurity from humans, this is the view of the earlier Hanbalees. If this enters water, irrespective of quantity and its effect, the water will automatically become impure. The proof is the Hadeeth where the Prophet forbade us to urinate in stagnant water, here there is no limitation on the quantity of stagnant water. Some of the earlier Hanbalees agreed with this view but stipulated ‘hardship’; meaning if it is too difficult to purify the water that has been effected then the water is pure as long as the three characteristics of smell, taste or colour have not changed. However, it can be counter-argued here that the prohibition of urinating in stagnant water is bounded by one trying to benefit from the water afterwards. 

-The later Hanbalees stated that all forms of impurity are equal in its effect, so any small amount of water which is less than 200kg is made impure by mere contact. Amounts of water greater than 200kg must be changed in its smell, taste and colour for it to be deemed impure.

-The third view from the Hanbalees is that the water must change in its smell, taste or colour in order for it not to be called water anymore, and thus deemed Najis, irrespective of the quantity. This is the correct view with Uthaymeen.

12-If a person has a pot of water, and he puts his impure hand inside it, then the whole pot becomes Tahir but not Muttahir. This is if the water is less than 200kg. This is the view of the Madhab. They argue that impurity has entered the pot and affected the quality of the water. Likewise, his hand has become pure by this water, thus this water cannot be used again to purify (see point 9 for further clarification). Uthaymeen disagrees with this view, and argues that water cannot be judged as being impure or unable to purify without evidence.  What makes the former view even more weak, is that some of the scholars have stated that in such an event, one must perform Tayammum, despite one having clear water in his possession.

13-The Hanbalees have stated that water used to remove something impure, becomes impure. So if one adds water to remove the impure water, this water also becomes impure and so on, until the last pouring of water which has no traces of impurity or impure water. However, the last pouring of water becomes Tahir and not Mutahhir because it becomes used water.

E.g. a man has a thobe and it has impurity on it. He puts water on it to wash it, this water becomes impure as soon as it touches the area of impurity. The impurity is still on his clothes so he add more water, the new additional water also becomes impure until he keeps on adding water and all traces of the impurity have been removed. However, the final pouring of water is deemed as ‘used water’ and thus being Tahir but he is not allowed to use it again to purify something else as it is not Mutahhir.

Shaykh Ibn ‘Uthaymeen disagrees with this because this derivation implies water is of three types: Tahir, Najis, and Mutahhir. But the Shaykh affirms that water is always pure as long as there is nothing corrupting its taste, smell or colour.

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