-The Hanbalees have
stated that At-Tayammum is not legislated except in impurities which is Waajib
(such as Ghusl from major impurities or Wudhoo for an obligatory prayer) and
not what is Mustahab (such as at-Tayammum to pray a Mustahab prayer or renewing
Wudhoo/Tayammum).
They argued as evidence:
-The Statement of the Most High, “and you find no water, then perform Tayammum” [5:6]
Uthaymeen points out that this
is purification for a reason which is Waajib.
-At-Tayammum is obligated out of necessity and something that has been
legislated due to necessity is only legislated if it Waajib, not if it is
Mustahab.
The second scholarly
view is that it is permitted to perform at-Tayammum for a Mustahab reason. They
argued with the following:
-The Hadeeth in which the Prophet was impure (minor) and he performed
at-Tayammum in order to return the Salaam of a person who had greeted him
[Reported by Muslim (370)] (because the Prophet disliked remembering Allaah
except if he had Wudhoo.)
-If we using earth has been legislated in the absence of water then it
takes the same ruling as water – either we make Wudhoo for something which is
Waajib or something which is Mustahab. Therefore, there is no difference in the
reasons and nullifiers of Wudhoo and at-Tayammum.
And Allaah Knows Best.
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