بَابُ أَحْكَامِ الْمِيَاهِThe Rulings of Water

And the saying of Allah, the Exalted: And He prohibits upon them the impure and the saying of Allah: ﴿And We sent down from the sky pure water (Al-A'raf: 157)

And His saying: And He sends down upon you from the sky water (Al-Furqan: 48)

And His saying: He sent down from the sky water and the valleys flowed in proportion to their measure (Al-Anfal: 11) (Ar-Ra'd: 17).

Narrated Jabir: The Messenger of Allah ﷺ prohibited urinating in stagnant water. [Narrated by Muslim]

Narrated Abu Huraira: The Messenger of Allah ﷺ said: "None of you should urinate in standing water that does not flow, and then wash in it." [Agreed upon]

In a narration of Muslim, he said: "None of you should wash in standing water while in a state of janabah." They asked: "How should he do that, O Abu Huraira?" He replied: "He should take it out by scooping."

Jabir (may Allah be pleased with him) narrated: "I was ill, and the Prophet ﷺ came to visit me along with Abu Bakr. They found me unconscious, so the Prophet ﷺ performed ablution and then poured his water of ablution over me, and I regained consciousness." [Agreed upon]

Abu Juhaifah (may Allah be pleased with him) narrated: "The Messenger of Allah ﷺ came out to us and was brought some water for ablution. He performed ablution, and the people began to take from the leftover water of his ablution and wipe themselves with it." [Narrated by Bukhari]

Al-Miswar bin Makhrama (may Allah be pleased with him) narrated: "When the Prophet ﷺ performed ablution, the people nearly fought over his leftover water." [Narrated by Bukhari]

In the explanation: "These reports and similar ones indicate the purity of used water, and without this, there would be no meaning to seeking blessings and wiping with it. The legal ruling is that the water used for ablution remains pure according to the Hanafi school."

Ibn Sirin (may Allah be pleased with him) narrated: "A black man fell into the Zamzam well, meaning he died. Ibn Abbas (may Allah be pleased with him) ordered his body to be removed, and he ordered that the water be drawn out. They were then overwhelmed by a spring that came from the corner. Ibn Abbas (may Allah be pleased with him) ordered it to be drawn out with sheets and blankets until they drew it out, and when they did, it erupted." [Narrated by al-Daraqutni (with a broken chain)]

Imam al-Taymiyyah said: "Its chain is authentic," and al-Bayhaqi, Ibn Abi Shaiba, and Abdul Razzaq reported something similar, and Ibn Abi Shaiba's chain is also authentic.

Ata (may Allah be pleased with him) narrated: "A black man fell into Zamzam and died. Ibn Zubair (may Allah be pleased with him) ordered the water to be drawn out. The water kept flowing, and when they looked, they saw a spring flowing from the Black Stone area. Ibn Zubair (may Allah be pleased with him) said: 'That's enough for you.'" [Narrated by Al-Tahawi]

Ibn Abi Shaiba reported something similar, and Imam Ibn al-Humam said: "Its chain is authentic."

Al-Sha'bi (may Allah be pleased with him) narrated: "If a bird, cat, or similar animal falls into a well, forty buckets of water should be drawn out from it." [Narrated by al-Tahawi]

Imam Ibn al-Humam said: "Its chain is authentic."

Ibrahim al-Nakha'i (may Allah be pleased with him) narrated: "If a rodent or cat falls into a well and dies, forty buckets of water should be drawn out from it." [Narrated by Al-Tahawi]

Hammad bin Abi Sulayman (may Allah be pleased with him) narrated: "If a chick falls into a well and dies, forty or fifty buckets of water should be drawn out, and then it can be used for ablution." [Narrated by Al-Tahawi]

Anas (may Allah be pleased with him) narrated: "If a rat dies in a well and is removed immediately, twenty or thirty buckets of water should be drawn out from it." [Narrated by al-Tahawi through various chains, as mentioned by Imam Ibn al-Humam and al-Zayla'i]

Abu Ali al-Hafiz al-Samarkandi also narrated a similar report with a chain.

Al-Ma'mar (may Allah be pleased with him) narrated: "I was told by someone who heard al-Hasan say: 'If an animal dies in a well, we take from the water, and if it decomposes, it is drawn out.'" [Narrated by Abdul Razzaq]

Jabir (may Allah be pleased with him) narrated: "I reached a pond and found a dead donkey in it. We refrained from drawing water until the Messenger of Allah ﷺ came to us and said: 'Water is not made impure by anything.' So we drew water, watered ourselves, and carried the water." [Narrated by Ibn Majah]

It is also noted that the Shafi'i school estimated it based on the Hadith of the two qullas (two large vessels), but many scholars, including al-Hafiz Ibn Abd al-Barr, al-Qadi Ismail bin Is’haq, and Abu Bakr Ibn al-Arabi, who were Maliki scholars, rejected it, considering the narration weak. Al-Bayhaqi also commented that the Hadith is not strong, and even al-Ghazali and al-Ruwayani, despite their strong adherence to the Shafi'i school, disregarded it. Ali bin al-Madini, the teacher of al-Bukhari, also stated that the Hadith of the two qullas has not been proven. Furthermore, Ibn Abbas and Ibn Zubayr ordered the water of Zamzam to be drained when a black person died in it, and had this Hadith been valid, the other companions and followers would have used it to support their arguments. Therefore, it should be considered weak like the narration about "ablution from something touched by fire."

In "Ihya' al-Sunan", it is clarified that the Hadith of the two qullas should be understood in the context of when water is spread over the ground, as in ponds. The Hadith specifically addresses this scenario. Water spread over the ground, if its depth is such that it doesn't leave the ground exposed when drawn from, would be treated as plentiful (two qullas), and its edges would not move when the other side is disturbed. This is the definition of 'abundant water' in this school. For practical guidance, they taught it as being ten by ten for ease of understanding among the public. This has been tested and confirmed by our teacher, Sayyid Ahmad Rashid al-Janjohee. The reason behind this is that impurity dissipates and doesn't affect the whole surface of water used for ablution, but if the water is shallow or limited, impurity has a stronger effect on the parts of the water, requiring careful consideration.

The narration from al-Tahawi and others, including the one related by Abd al-Razzaq from Abu Sa'id al-Khudri, mentions that the Prophet ﷺ drank or performed ablution from a pond where dog and cat carcasses were thrown. Upon being informed about this, the Prophet ﷺ declared: "Water is not made impure by anything." This illustrates the idea that water, regardless of what may fall into it, does not become impure unless its qualities (taste, smell, or color) change due to contamination.

Scholars have differed on the issue of whether water becomes impure (najis) upon contact with impurity. The Zahiriyyah and Imam Malik's view is that water does not become impure by contact with impurity unless one of its three qualities (taste, smell, or color) changes. The Hanafi, Shafi'i, Hanbali, and Ishaq schools, however, hold that even a small quantity of water becomes impure upon contact with impurity, even if its qualities do not change. They disagreed on what constitutes a "small quantity," with Imam Shafi'i and Imam Ahmad specifically determining the quantity by the "two qullas" measure (a large container). Imam Abu Hanifah, in the Hidayah, defined a large pond where one side does not move when the other side is disturbed as a space from which ablution can still be performed if the impurity is on one side. Some scholars estimated this space to be around "ten by ten" with the span of a cubit for ease, and this is the position followed in fatwas.

Hadith about the protected area (harim) of a well:

Narration 553 mentions that the Prophet ﷺ said the protected area (harim) of a well extends forty arms' length from all sides. [Narrated by Ahmad.

Narration 554 reports that the Prophet ﷺ stated anyone who digs a well would have a protected area of forty arms' length surrounding it. [Narrated by Abu Yusuf, Ibn Majah, and al-Tabarani from Abdullah ibn Mughaffal.

Narration 555 reports that al-Sha'bi said the protected area around a well extends forty arms' length from each side, and no one is allowed to enter this area or its water. [Narrated by Abu Yusuf. The scholar Sadr al-Shari'ah stated that this area is a protected space, and it is forbidden to dig another well within this protected area, as the water from the first well might be affected, resulting in impurity. However, wells outside of this space, defined as "ten by ten," are not subject to the same restriction.

These narrations and scholarly opinions highlight the significance of maintaining the purity of water sources and ensuring that one well does not negatively affect another, particularly when dealing with the potential spread of impurity. The ten by ten measurement is a standard used to ensure that the area is adequately protected from contamination.

Abu Hurairah (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: "The protected area (Hareem) of a well is forty cubits from all its sides." [Narrated by Ahmad]

Al-Hasan narrated that the Messenger of Allah (ﷺ) said: "Whoever digs a well, he has a protected area of forty cubits around it." [Narrated by Abu Yusuf, and a similar narration was narrated by Ibn Majah and Al-Tabarani from Abdullah bin Mughaffal as a Marfu’ Hadith]

Al-Sha’bi said: "The protected area of a well is forty cubits in all directions, and no one may enter its protected area or use its water." [Narrated by Abu Yusuf]

Sadr al-Shari’ah said: "Thus, the well has its protected area, which is ten cubits on each side." From this, it is understood that if another person intends to dig a well within this protected area, he is prevented from doing so, because the water would be drawn toward the new well, reducing the water in the first well. If someone wishes to dig a drainage well within this area, he is also prevented, as impurity may seep into the first well and contaminate its water. However, digging beyond the protected area, which is ten by ten cubits, is not prohibited. It is thus understood that Islamic law considers ten by ten cubits as the minimum distance required to prevent the transmission of impurity. If impurity is likely to spread, it is ruled as prohibited.

Al-Waqidi said: "The well of Buda‘ah was a water passage leading to the gardens, so water did not remain settled in it. Therefore, its ruling was like that of river water."

[Narrated by Al-Tahawi]

In Al-Sa‘ayah, it is mentioned that a group of critics have deemed Al-Waqidi reliable. Al-‘Ayni said in Al-Binayah: "Al-Waqidi, being from the people of Madinah, was more knowledgeable about its affairs. If someone denies his report, perhaps they mean that it was not a surface-flowing water source, while the water of Buda‘ah was flowing underground."

Rashid bin Sa‘d narrated that the Messenger of Allah (ﷺ) said: "Water is not rendered impure by anything unless its color, taste, or smell is altered." [Narrated by Al-Tahawi and Al-Daraqutni as a Mursal narration]

Abu Hatim deemed its Mursal status authentic. Ibn Majah and Al-Tabarani, in Al-Awsat and Al-Kabir, reported a similar narration.

Abu Hurairah narrated that a man asked the Messenger of Allah (ﷺ), "O Messenger of Allah, we travel by sea and carry only a small amount of water. If we use it for ablution, we will be left thirsty. Can we perform ablution with sea water?" The Messenger of Allah (ﷺ) replied:

"Its water is pure, and its dead (animals) are lawful (to eat)." [Narrated by Malik, Al-Tirmidhi, Abu Dawud, Al-Nasa'i, Ibn Majah, Al-Darimi, and Muhammad]

Salman narrated that the Prophet (ﷺ) said: "O Salman, any food or drink in which a creature that has no blood falls and dies remains lawful to eat, drink, and use for ablution." [Narrated by Al-Daraqutni)

Umm Hani narrated: "The Messenger of Allah (ﷺ) and Maymunah performed ghusl (ritual bath) from a bowl that had traces of dough in it." [Narrated by Al-Nasa'i and Ibn Majah)

Abu Zayd narrated from Abdullah bin Mas‘ud that the Prophet (ﷺ) asked him on the Night of the Jinn: "What is in your water container?" He replied, "I said: Nabidh (a drink made from dates soaked in water)." The Prophet (ﷺ) said: "A good date and pure water." [Narrated by Abu Dawud, Ibn Majah, Al-Bazzar, Al-Tabarani, Al-Daraqutni, and Ibn ‘Adi]

Ahmad, Al-Tirmidhi, Ibn Abi Shaybah, and Al-Tahawi added: "Then he performed ablution with it."

Al-Tirmidhi said: "Abu Zayd is unknown."

Abu Bakr bin Al-‘Arabi mentioned in his explanation of Jami‘ Al-Tirmidhi that Abu Zayd was the freed slave of ‘Amr bin Hurayth. Rashid bin Kaisan Al-‘Absi Al-Kufi and Abu Rawq narrated from him, removing him from the category of unknown narrators. He is only known by his kunya (nickname), which may be why Al-Tirmidhi referred to him as "unknown," but this does not affect authenticity, as many narrators were known only by their kunya, as mentioned by Imam Ibn Al-Humam and Al-‘Ayni.

The author of Mishkat stated: "It is authentically narrated from ‘Alqamah that Abdullah bin Mas‘ud said: 'I was not with the Messenger of Allah (ﷺ) on the Night of the Jinn.'" [Narrated by Muslim]

The response to this is from multiple angles:

Firstly, Imam Ibn Al-Humam mentioned that the narration from Ibn Mas‘ud stating he was not present on the Night of the Jinn contradicts the narration in Musannaf Ibn Abi Shaybah, which affirms that he was with the Prophet (ﷺ).

Similarly Abu Hafs bin Shahin also narrated from him that he said: "I was with the Prophet (ﷺ) on the Night of the Jinn."

And there is another narration from him states that he saw a group of people from Al-Rut and said: "These are the most similar people to the jinn I saw on the Night of the Jinn." Affirmation takes precedence over negation.

Secondly, as mentioned by Hafiz Ibn Hajar and others in reconciling the affirming and negating narrations, Ibn Mas‘ud was not with the Prophet (ﷺ) at the specific location where he met the jinn and recited the Qur'an to them. Rather, he remained seated at the spot where the Messenger of Allah (ﷺ) had drawn a line for him until the Prophet (ﷺ) returned to him, as stated in Musnad Ahmad. Therefore, when Ibn Mas‘ud or others denied his companionship, they meant his specific companionship at that location, which does not contradict the narrations affirming his presence on that night.

Thirdly, Al-‘Ayni mentioned that fourteen men narrated that Ibn Mas‘ud was with the Prophet (ﷺ) on the Night of the Jinn, which is sufficient as evidence.

It is reported from ‘Ali that he saw no harm in performing ablution with nabidh (fermented drink) made from fruits. This opinion was also held by Al-Hasan and Al-Awza‘i. ‘Ikrimah said: "Nabidh is the ablution of one who does not find water." This was mentioned in ‘Umdat al-Qari’.

Abu Huraira reported that the Messenger of Allah (ﷺ) said: "The cat is a predatory animal (sabu‘)." [Narrated by Al-Hakim, who authenticated it, and a similar report was recorded by Al-Daraqutni and Ahmad.

It is narrated from Kabshah bint Ka‘b ibn Malik, who was the wife of the son of Abu Qatadah, that Abu Qatadah entered her house. She poured some water for him to perform ablution. A cat came and started drinking from it, so he tilted the vessel for it to drink. Kabshah said: "He saw me looking at him in surprise, so he said: ‘Are you amazed, O daughter of my brother?’ I replied, ‘Yes.’ He then said: ‘The Messenger of Allah (ﷺ) said: It is not impure, for it is among those that frequently move around you.’"

This was narrated by Malik, Ahmad, Al-Tirmidhi, Abu Dawud, Al-Nasa’i, Ibn Majah, Al-Darimi, and Muhammad. Al-Tirmidhi graded it Hasan Sahih.

Narrated by Dawud bin Salih bin Dinar from his mother: Her mistress sent her with harisah (a type of food) to Aisha (may Allah be pleased with him). She found Aisha (may Allah be pleased with him) praying, so Aisha (may Allah be pleased with him) gestured for her to place it down. A cat came and ate from it. When Aisha (may Allah be pleased with him) finished her prayer, she ate from the same place where the cat had eaten and said:

"Indeed, the Messenger of Allah ﷺ said: ‘It is not impure; it is among those that frequently move around you.’ And I saw the Messenger of Allah ﷺ perform ablution with the leftover water of a cat." [Narrated by Abu Dawud and Al-Taymi said: "Its chain is Hasan]

Tirmidhi narrated that the Prophet ﷺ said: "If a cat licks from a vessel, it should be washed once." He authenticated it.

Tahawi and others narrated from Abu Huraira (may Allah be pleased with him) that the Prophet ﷺ said:

"The purification of a vessel if a cat licks from it is to wash it once or twice."

Al-Daraqutni said: "This is authentic."

Narrated by Abu Huraira (may Allah be pleased with him): "If a cat licks from a vessel, then spill it out and wash it once." [Narrated by Al-Daraqutni as a Mawquf (a narration attributed to a companion), with an authentic chain.

Al-Khalbi said:

"Regarding predatory animals, there are two rulings: the ruling of their leftover water (su’r) and the ruling of their meat. In the case of the cat, the ruling on its meat is that it is impermissible; there is no opposing view regarding this. As for the ruling on necessity and the ruling on leftover water, there are two aspects: impurity, as with land predators, and dislike, as with predatory birds. If impurity is negated due to the reasoning of frequent movement around humans, then we say that the ruling of dislike is affirmed."

This was also the opinion of Abu Hanifa, while Al-Shafi’i considered it pure.

Narrated by Jabir bin Abdullah: The Prophet ﷺ prohibited the mating of donkeys on the day of Khaybar, but allowed the mating of horses. [Narrated by Bukhari]

In another narration from Ibn Umar, it is stated that the Prophet ﷺ prohibited the mating of domesticated donkeys on the day of Khaybar.

It was narrated from Umar ibn al-Khattab (may Allah be pleased with him) that he said: "Do not perform ghusl (ritual washing) with sun-exposed water, for it causes leprosy." [Narrated by Al-Daraqutni]

Narrated Aslam, the freed slave of Umar: That Umar ibn al-Khattab (may Allah be pleased with him) used to have water heated in a flask and would perform ghusl with it. [Narrated by Al-Daraqutni, who said: Its chain of narration is authentic]

And from Aslam: That Umar used to perform wudu with hot water and would also use it for ghusl. Narrated by Sa'id ibn Mansur]

And from Ibn Abbas (may Allah be pleased with him): He said: There is no harm in performing ghusl with hot water and using it for wudu. [Narrated by Abd al-Razzaq with an authentic chain of narration]