Ruling on Purifying with Water Left Over from Purification

The disagreement

• Scholars agreed on the purity of leftover water from Muslims.
• They disagreed on the ruling of purification using leftover water from purification (the water remaining in a vessel after a man or a woman has purified themselves from it).

The opinions

• The leftover water from purification is absolutely pure:
• Held by: Abū Ḥanīfah / Mālik / al-Shāfiʿī.
• A man may not purify himself with the leftover water of a woman if she used it in privacy, but a woman is permitted to use the leftover water of a man:
• Held by: Aḥmad
• It is permissible for a man to use the leftover water of a woman as long as she is not in a state of major ritual impurity or menstruating
• Held by: Mālik (one narration).

Reason for the disagreement

• The conflict and variation among the reports narrated regarding purification using leftover water, which consist of four reports.

Evidence

• For the first opinion:
• The ḥadīth: "That the Prophet ﷺ used to perform ritual bathing (ghusl) from major ritual impurity (janabah) along with his wives from a single vessel." (Agreed upon).
• The ḥadīth of Maymūnah رضي الله عنها: "That he ﷺ performed ritual bathing from her leftover water." (Reported by: Muslim).
• There is no difference between them bathing together or each one individually, because when bathing together, each one is practically bathing from the leftover water of the other.
• For the second opinion:
• The ḥadīth of al-Ḥakam ibn ʿAmr al-Ghifārī رضي الله عنه: "That the Prophet ﷺ forbade a man from performing ablution (wudu) with the leftover water of a woman." (Reported by-Abū Dāwūd, al-Tirmidhī, Ahmad, al-Nasāī, Ibn Mājah; authenticated by more than one scholar).
• The ḥadīth of the Prophet ﷺ bathing with his wives indicates the ruling for bathing together specifically.
• For the third opinion:
• The report of Ibn ʿUmar رضي الله عنهما who used to say: "There is no harm in performing ablution from the leftover water of her ablution as long as she is not in a state of major ritual impurity or menstruating; but if she uses it in privacy, then do not approach it." [Reported by: ].

The Preponderant View as per Ibn Rushds openion in Bidayathul Mujthahid

• The first opinion: (The leftover water from purification is pure); because the evidences for this opinion are more authentic, and the ḥadīths prohibiting ablution with the leftover water of a woman are to be understood as implying dislike (al-karahah).

References

Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid (1/61), al-Tafrīʿ (1/195), Mawāhib al-Jalīl (1/73), al-Bayān (1/258), Rawḍat al-Ṭālibīn (1/198), al-Sharḥ al-Kabīr (1/83), al-Mughnī (1/282), al-Muḥallā (1/211), Sharḥ Ibn Zāḥim (1/190).