Ruling on Water Mixed with Impurity

The disagreement

• Scholars agreed that water whose qualities are changed by impurity (al-najasah) cannot be used for ablution (wudu)
• They agreed that a large quantity of water is not harmed by impurity that does not change its qualities.
• They disagreed regarding a small quantity of water mixed with impurity that does not change its qualities. This disagreement consists of three opinions.

The opinions

• Water is pure (tahir) whether it is a large or small quantity:
• Held by: Mālik (one narration)
• It becomes impure if the water is a small quantity
• Held by: Abū Ḥanīfah, al-Shāfiʿī, and Aḥmad.
• The water is pure, but it is disliked to use it if other water is available:
• Held by: Mālik (famous view/al-mashhur).

Reason for the disagreement

Conflict between the apparent meanings of the hadiths reported regarding water.

• Evidence of the First Opinion
• Ḥadīth of Anas رضي الله عنه

«أَنَّ أَعْرَابِيًّا بَالَ فِي الْمَسْجِدِ، فَأَمَرَ النَّبِيُّ ﷺ بِذَنُوبٍ مِنْ مَاءٍ فَصُبَّ عَلَى بَوْلِهِ»

Meaning:

“A Bedouin urinated in the mosque, so the Prophet ﷺ ordered a bucket of water to be poured over the urine.” Narrated by Bukhari snd Muslim

They said:

• This shows that a small amount of impurity does not make water impure.
• Because the place became pure after pouring water over it.
• Ḥadīth of Abū Saʿīd al-Khudrī رضي الله عنه

«الْمَاءُ طَهُورٌ لا يُنَجِّسُهُ شَيْءٌ»

Meaning:

“Water is pure; nothing makes it impure.” Narrated by Imam Ahmad, Abu Davood

They said:

• This is general evidence showing that water remains pure unless changed.
• Evidence of the Second Opinion

Ḥadīth of Abū Hurayrah رضي الله عنه

«إِذَا اسْتَيْقَظَ أَحَدُكُمْ مِنْ نَوْمِهِ فَلَا يَغْمِسْ يَدَهُ فِي الإِنَاءِ...»

Meaning:

“When one of you wakes from sleep, he should not dip his hand into the vessel...” Narrated by Bukhari and Muslim

They said:

• The Prophet ﷺ forbade putting the hand into a small container.
• This shows that small water is affected by possible impurity.

Ḥadīth of Abū Hurayrah رضي الله عنه

«لا يَبُولَنَّ أَحَدُكُمْ فِي الْمَاءِ الدَّائِمِ ثُمَّ يَغْتَسِلُ فِيهِ»

Meaning:

“None of you should urinate in still water and then bathe in it.”

They understood:

• Even without visible change, the water becomes unsuitable.

Another narration:

«لا يَغْتَسِلْ أَحَدُكُمْ فِي الْمَاءِ الدَّائِمِ وَهُوَ جُنُبٌ»

Meaning:

“None of you should bathe in still water while in a state of janābah.”

• They considered this proof that small water is affected by use and impurity.
• Evidence of the Third Opinion

They combined both types of narrations:

• The water itself remains pure.
• But using it is disliked if clean water is available.

The Preponderant View

• The second opinion: (Impurity of small water but not large); because it reconciles each hadith. This is supported by the hadith of Ibn 'Umar ﷺ: «إِذَا كَانَ المَاءُ قُلَّتَيْنِ لَمْ يَحْمِلْ الخَبَثَ» ("If the water reaches two pitchers, it does not carry impurity") [Narrated by Imam Ahamd and others authenticated by some scholars].

References

Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid (1/50), Badā’iʿ al-Ṣanā’iʿ (1/404), Tabyin al-Haqa'iq (1/80), al-Maʿūnah (1/62), al-Fawakih al-Dawani (1/194), Nihayat al-Matlab (1/229), al-Bayan (1/27), al-Sharh al-Kabir (1/95), al-Mughni (1/39), al-Muhalla (1/150), Sharh Ibn Zāḥim (1/152).