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Thursday, March 02, 2017

How to Make at-Tayammum - Second Nullifier: Arrival of Water (Part 24)

Additonally, at-Tayammum is nullified as soon as one finds water. Al-Uthaymeen explains that if a person makes Tayammum because he didn’t find water (not because has water but is unable to use it) then the Tayammum is automatically nullified as soon as he finds water.
B-The above applied even if he is in Salaat. Al-Uthaymeen explains that there is a difference of opinion on this.

Their evidences are as follows:

                -“and you find no water, then perform Tayammum” [5:6]

The point of evidence here is that once a person finds water, the Tayammum is automatically nullified.

-The Hadeeth, “The earth is pure and a purification for the Muslim even if you do not find water for ten years, but if you find water then Fear Allaah and wash yourself. For verily, there is a great deal of goodness in this.” [Reported by al-Bazzaar (193) with this wording and Aboo Dawood (332), at-Tirmidhee (124), Ibn Hibbaan (1311) with another wording ].

This again shows Tayammum is automatically nullified.

-at-Tayammum is an act of purification for those who don’t have water but once water arrives then there is no substitute ruling.   
          
PRINCIPLE: if the word “even if” (لو) appears in the books of Fiqh, it then refers to a difference of opinion. But sometimes it can refer to clarifying issues. So the word “even if” appears where is says, “Even if he is Salaat” is addition to clarify that Tayammum is broken as soon as water arrives.

Some stated that if a person is praying after making at-Tayammum and then water arrives whilst he is praying, then the Salaat/Tayammum is not nullified. This is a view of the Imaam Ahmad himself but it was said he retracted this opinion, thus it is not the official opinion of the Hanbalee Madhab, they followed the above.  Their evidences include:

-The Sharee’ah has legislated purification for a purpose, in this case as-Salaat. So if a person does his best to find water but doesn’t, then he performs at-Tayammum and prays, then his Salaat can’t be nullified at a later point in time. This is because he did what he was capable to do.

-and render not vain your deeds” [Muhammad:33]

It is not possible to exit or nullify an obligatory act of worship except with clear evidence or extreme necessity.

-The evidences above indicate a nullification of at-Tayammum when water arrives before one prays and not during.

-A Principle: if there is a possibility in understanding the texts in different ways, then it can’t be used as explicit proof إذا وجد الاحتمال بطل الاستدلال.

Uthaymeen states that the difference of opinion here is very strong.

PRINCIPLE: when there is a very strong difference of opinion, one can’t argue to “act upon what is safer”, because safer has two views.

For example, if a person says it is safer to nullify the Tayammum and the prayer and perform Wudhoo and repeat the prayer, then this opinion would be guilty of nullifying two obligatory actions without any evidence.

However, if a person says that it is safer to continue praying because this would not lead to a person nullify obligatory acts of worship then one would be guilty of perhaps not having his  prayer accepted.

Another example of this principle is the difference of opinion on the beginning time for the ‘Asr prayer:

The Hanafees stated that the time for al-‘Asr begins after the shade of an object reaches to twice its length.

The majority have stated that it begins once the shade of an object is similar to the size of the object.

So if one argues that it is safer to the Hanafee opinion, then one may be guilty for delaying his prayer for a very long time – which may be sinful.

If one argues that it is safer to follow the majority, then one may be guilty of praying outside of its legislated time.

The solution in this situation is to follow the strongest argument based on the evidence.
Based on this, Uthaymeen argues that the strongest opinion is former opinion because the wording, “but if you find water then Fear Allaah and wash yourself” specifically indicates that Tayammum is automatically broken once a person finds water.

Also, in this case one would be ending his Salaat in order to complete it not in order to nullify it.


Similar to a person who starts praying an obligatory prayer alone but then a congregation starts – it is recommended for him to convert his prayer to an optional prayer and end it quickly so that he may join the congregation. 

[ash-Sharh al-Mumti' 1/403-406]

And Allaah Knows Best

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