Thursday, June 21, 2012

Taking From Mawquf Water

Sheikh Muhammad Salih al-Ra'is al-Makki was asked about washing more than three times in water which is mawquf for wudhu and ghusl when the water is more than two qullahs. Below is the fatwa printed in the margins of Sheikh Ibrahim al-Maghribi's Qurrat al-Ayn bi-Fatawa 'Ulama al-Haramayn. Q. Regarding water in a large tub--containing two qullahs or more--which has been endowed for ablution and the purificatory bath, is it permissible to wash each limb more than three times since the water will fall from the limb back into the tub? Some fiqh books mention that it is disliked to wash more than three times when the water belongs to one, and it is unlawful when the water is an endowment. However, the scholars do not differentiate between water from a tap and water from a tub. In the first instance, the extra water (used to wash more than three times) is wasted, while in the second scenario the water goes back into the tub. Is the unlawful nature of washing more than three times from endowed water absolute (mutlaqan) or is it restricted to water from a tap? A. Yes, it is absolutely unlawful to wash more than three times from endowed water. This has been explicitly stated by Ibn Hajar and Ramli in their works. The reason for this is that the waqif has not allowed the water to be used in this way. As for the the questioner's statement that the water returns back into the tube, certainly not all of the water returns, for some water remains on the limbs. And Allah knows best (5).