Ruling on Purifying with Used Water

The disagreement

• They disagreed on the ruling of purification with water separated from the limbs of a person performing ablution or ritual bathing: Is it permissible to purify with it a second time or not?

The opinions

• It is not permissible to purify with it under any circumstances
• Held by: Abū Ḥanīfah / al-Shāfiʿī / Aḥmad.
• It is disliked to purify with it, and thayammum is not allowed if it is present:
• Held by: Mālik.
• It is permissible to purify with it, and there is no difference between it and absolute water
• Held by: Abū Thawr / Dāwūd and his companions.

Reason for the disagreement

• Used water in purification: Does it fall under the name of absolute water (الماء المطلق)

Evidence

• For the first opinion:
• The ḥadīth of Abū Hurayrah رضي الله عنه:

«لَا يَغْتَسِلْ أَحَدُكُمْ فِي المَاءِ الدَّائِمِ، وَهُوَ جُنُبٌ»

"None of you should bathe in standing water while he is in a state of major ritual impurity (junub)." (Reported by: Muslim).

• Water by which a barrier to prayer has been removed cannot be used in another purification, just like water used in removing physical impurity
• For the second opinion:
• Because used water has been used in an act of purification that our minds naturally dislike it
• For the third opinion:
• It is proven that the Companions رضي الله عنهم used to struggle to attain the remnants of Prophets ﷺ ablution water.
• From the ḥadīth of Abū Juḥayfah رضي الله عنه: "They started taking from the remnants of his ablution water and wiping themselves with it." (Reported by: -al-Bukhārī), and he ﷺ poured water over Jābir رضي الله عنه from his ablution water when he was sick (Reported by: -al-Bukhārī).
• It is inevitable that some used droplets fall back into the vessel containing the remaining water.

References

Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid (1/55), Badā’iʿ al-Ṣanā’iʿ (1/389), Tabyin al-Haqa'iq (1/86), al-Maʿūnah (1/63, 64), Mawāhib al-Jalīl (1/92), Nihāyat al-Maṭlab (1/231), al-Bayān (1/43), al-Sharḥ al-Kabīr (1/60), al-Mughnī (1/31), al-Muḥallā (1/210), Sharḥ Ibn Zāḥim (1/168).