Used water impure as Abu Hanifa saw people’s sins washed away?

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ

In the Name of Allah Most Merciful Most Kind

Short Answer

It is not true that used water (Mustamal) is impure according to the Hanafi Madhab. The sounder narration from Imam Abu Hanifah is that used water is pure but not purifying. As for Imam Abu Hanifah seeing sins being washed away when people made Wudu, even if this was true, it would not be permitted to base legal rulings upon it. Legal rulings must be based upon the Quran and Sunnah.

Explanation

عَنْ أَبِي رَافِعٍ، عَنْ أَبِي هُرَيْرَةَ، أَنَّهُ لَقِيَهُ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي طَرِيقٍ مِنْ طُرُقِ الْمَدِينَةِ، وَهُوَ جُنُبٌ فَانْسَلَّ فَذَهَبَ فَاغْتَسَلَ، فَتَفَقَّدَهُ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَلَمَّا جَاءَهُ قَالَ: أَيْنَ كُنْتَ يَا أَبَا هُرَيْرَةَ. قَالَ: يَا رَسُولَ اللهِ، لَقِيتَنِي وَأَنَا جُنُبٌ فَكَرِهْتُ أَنْ أُجَالِسَكَ حَتَّى أَغْتَسِلَ، فَقَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: سُبْحَانَ اللهِ إِنَّ الْمُؤْمِنَ لَا يَنْجُسُ

Abu Rafi narrated that (Sayidina) Abu Hurairah mentioned that the Prophet ﷺ met him on one of the paths of Madinah. And he was in a state of ritual impurity (Junub). So he slipped away and washed himself. The Prophet ﷺ noticed his absence and when he came, he ﷺ said to him: Abu Hurairah, where were you? He said: O Messenger of Allah ﷺ, you met me when I was Junub and I disliked sitting in your company before washing. So, the Messenger of Allah ﷺ said: Transcendent is Allah. Indeed, a believer is never impure. (Sahih Muslim, 371)

Some people say that the Hanafi Madhab considers water that has been used for Wudu to be impure. They say this is due to Imam Abu Hanifah seeing sins being washed away by Wudu water. There is so much wrong with this statement, which will be addressed below. However, it is important to first clarify that this is not the position of the Hanafi Madhab.

The Hanafis hold that water that has been used for Wudu or other acts of worship is pure but non-purifying. Meaning it is not considered impure but you cannot make Wudu with it. It would be considered similar to fruit juice or oil, it is not used for Wudu but it is not impure either.

The primary reason for the Hanafi Imams taking this position is a lack of evidence. There is no clear evidence to prove that used water (Maa Mustamal) is impure. The lack of evidence asserting that used water is impure is sufficient to prove the Hanafi position. However, there is actually evidence to the contrary.
Imam al-Kasani cited the Hadith above as evidence for the Hanafi position. Thereafter, he provided many legal examples that demonstrate the purity of used water (Maa Mustamal).

وَلِهَذَا جَازَ صَلَاةُ حَامِلِ الْمُحْدِثِ وَالْجُنُبِ، وَحَامِلُ النَّجَاسَةِ لَا تَجُوزُ صَلَاتُهُ، وَكَذَلِكَ عَرَقُهُ طَاهِرٌ وَسُؤْرُهُ طَاهِرٌ وَإِذَا كَانَتْ أَعْضَاءُ الْمُحْدِثِ طَاهِرَةً كَانَ الْمَاءُ الَّذِي لَاقَاهَا طَاهِرًا ضَرُورَةً لِأَنَّ الطَّاهِرَ لَا يَتَغَيَّرُ عَمَّا كَانَ عَلَيْهِ إلَّا بِانْتِقَالِ شَيْءٍ مِنْ النَّجَاسَةِ إلَيْهِ، وَلَا نَجَاسَةَ فِي الْمَحَلِّ عَلَى مَا مَرَّ، فَلَا يُتَصَوَّرُ الِانْتِقَالُ فَبَقِيَ طَاهِرًا. (بدائع الصنائع في ترتيب الشرائع)

And due to this, the prayer of an individual carrying a person in Hadath or Janabah is valid. Likewise, his perspiration is pure. So, if the limbs of the Muhdith are pure then the water connecting with them is pure by necessity. Because something pure does not change except due to something impure being transferred to it. But there is no impurity in place, as mentioned. So, it is not conceivable for it to be transferred. Therefore, it remains pure. (Imam Abu Bakr al-Kasani 587H, Badai).

Imam Abu Hanifah’s position

Many argue that Imam Abu Hanifah did hold the position that used water (Maa Mustamal) is impure. They claim that it has been narrated from him. This claim may well be upheld. However, the stronger narration from the Imam is that used water is pure. Furthermore, those early Hanafi Imams who made that claim did not say it was due to Imam Abu Hanifah seeing sins being washed away.

قلت: أرأيت رجلاً جنباً دخل بئراً يطلب دلواً له فيها فانغمس فيها وهو غير طاهر غير أنه ليس في رجليه ولا في جسده ولا في يده قذر فلم يَتَدَلَّكْ فيها هل يفسد الماء؟ قال: لا. وقال أبو يوسف: ولو أن جنباً دخل بئراً ليخرج دلواً منها فانغمس في الماء أنه لا يفسد الماء، ولا يجزيه من الغسل. وقال محمد: لا يفسد الماء، ويجزيه من الغسل. (كتاب الأَصْلُ)

I said: If a man in a state of major impurity (Junub) entered a well, seeking a bucket for himself, and he immersed himself in it while he was not pure, but there was no filth on his feet, his body, or on his hand, is the water impure? He (Imam Abu Hanifah) said: No.

(Imam) Abu Yusuf said: If a Junub entered a well to take out a bucket from it and immersed himself in the water, he will not make the water impure. Nor would it suffice as washing. (Imam) Muhammad said: The water does not become impure, and it is sufficient for washing. (Kitab al-Asl, al-Mabsoot, Imam Muhammad bin Hasan al-Shaybani 189H).

The Nass (text) above is from one of the sources of the Hanafi Madhab, Kitab al-Asl (al-Mabsoot). In it Imam Muhammad al-Shaybani narrates the views of the senior Imams of the Madhab. Therefore, the authoritative text above is clear proof that Imam Abu Hanifah did not considered used water to be impure.

Other Hanafi Imams

(وَهُوَ طَاهِرٌ) وَلَوْ مِنْ جُنُبٍ وَهُوَ الظَّاهِرُ، لَكِنْ يُكْرَهُ شُرْبُهُ وَالْعَجْنُ بِهِ تَنْزِيهًا لِلِاسْتِقْذَارِ، وَعَلَى رِوَايَةِ نَجَاسَتِهِ تَحْرِيمًا (وَ) حُكْمُهُ أَنَّهُ (لَيْسَ بِطَهُورٍ)

(قَوْلُهُ: وَهُوَ الظَّاهِرُ) كَذَا فِي الذَّخِيرَةِ أَيْ ظَاهِرُ الرِّوَايَةِ، وَمِمَّنْ صَرَّحَ بِأَنَّ رِوَايَةَ الطَّهَارَةِ ظَاهِرُ الرِّوَايَةِ وَعَلَيْهَا الْفَتْوَى فِي الْكَافِي وَالْمُصَفَّى كَمَا فِي شَرْحِ الشَّيْخِ إسْمَاعِيلَ. (رد المحتار)

Imam al-Haskafi: And it (used water) is pure. Even if it is from major ritual impurity (Janabah). That is the dominant opinion. However, it is mildly disliked (Tanzeehi) to drink it or knead with it due to detestation. According to the narration saying it (used water) is impure, it would be Tahreemi. Its ruling is that it is not purifying.

Imam Ibn Abideen: His saying, that is the dominant opinion, as mentioned in al-Dhakhirah, meaning Dhahir al-Riwayah. It was declared Dhahir al-Riwayah and the Fatwa position in al-Kafi and al-Musafa as mentioned in the commentary by Shaykh Ismail. (Radd al-Muhtaar).

اتَّفَقَ أَصْحَابُنَا – رَحِمَهُمُ اللَّهُ – أَنَّ الْمَاءَ الْمُسْتَعْمَلَ لَيْسَ بِطَهُورٍ حَتَّى لَا يَجُوزُ التَّوَضُّؤُ بِهِ وَاخْتَلَفُوا فِي طَهَارَتِهِ قَالَ مُحَمَّدٌ – رَحِمَهُ اللَّهُ -: هُوَ طَاهِرٌ وَهُوَ رِوَايَةٌ عَنْ أَبِي حَنِيفَةَ – رَحِمَهُ اللَّهُ – وَعَلَيْهِ الْفَتْوَى. (الفتاوى الهندية)

Our companions (May Allah have mercy on them) agreed that used water is not purifying. Therefore, it is not permissible to perform ablution with it. However, they differed as to its purity. (Imam) Muhammad (May Allah have mercy on him) said: It is pure. And that is a narration from Abu Hanifah too (May Allah have mercy on him). The Fatwah is upon it. (al-Fataawa al-Hindiyah).

In the Nusoos (texts), above we find leading Imams of the Madhab confirming that used water is pure but not purifying. Although other opinions have been mentioned, this is the strongest opinion in the Hanafi Madhab.

Quran and Sunnah

The people claiming that the Hanafi position is to consider used water impure due to Imam Abu Hanifah seeing sins as they wash away, have caused significant damage to the Madhab. They have also supported the opponents of Imam Abu Hanifah who claim that he did not base rulings on the Holy Quran and blessed Sunnah. They say, look your own Hanafi scholars are admitting he bases a legal running on his Karamah.

As Sunni Muslims we believe in Karamat. However, the Hanafi Madhab is absolutely clear that Ilham and Karamaat cannot be used as evidence. Rather proof for religious issues comes from the Holy Quran and blessed Sunnah. When people who are supposed to be followers of the Hanafi Madhab mention this strange reason for the Imam’s opinion, they completely distort the truth.

Authenticity

Anyone who does insist on the claim that used water is impure due to Imam Abu Hanifah seeing sins being washed away, should be asked to prove it from the original sources of the Madhab. I have presented the contrary to this claim from Imam Muhammad al-Shaybani. He is the most reliable transmitter of the Hanafi Madhab.

So, those claiming the above should provide proof from the original works of the Madhab. Not a book that was written centuries later and is making a claim that contradicts earlier sources.

Incoherent position

The position taken by those who claim that used water is impure due to Imam Abu Hanifah seeing sins being washed away, is incoherent. The authentic Hadith narrations have already informed us that sins are washed away with Wudu water. So, the existence of such a Karamah or not would make no difference whatsoever.

An authentic Hadith is far superior to any Karamah of a Wali. So, what impact would it have on the ruling? It really is an absurd position to take, and the people propagating it have not thought it through.

Why impure?

Another aspect of this claim that is surprising is the insistence that something eradicating sins renders it impure. So, the water is washing away sins, thus it becomes impure. This is not normally the case in Islam. Often it is the opposite. Something that eradicates sin is considered noble or praiseworthy.

عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: الصَّلَوَاتُ الْخَمْسُ، وَالْجُمْعَةُ إِلَى الْجُمْعَةِ، كَفَّارَاتٌ لِمَا بَيْنَهُنَّ

Abu Hurairah (May Allah Most High be pleased with him) narrated that the Messenger of Allah ﷺ said: The five (daily) prayers and Friday prayer to Friday prayer are expiations (for the sins committed) between them. (Sahih Muslim 233 – 15).

In the Hadith above Salah (ritual prayer) is describe as eradicating sins. Yet, it is considered praiseworthy. Even if we look at physical means of eradicating sin, then impurity is still not attributed to it. For example, Sadaqah and Zakah are means of eradicating sin. But the coins or notes that are used to pay it do not become impure.

Conclusion

It is not true that the Hanafi Madhab considers used water impure due to Imam Abu Hanifah seeing sins being washed away by it. Rather the position of the Madhab is that used water is pure but not purifying. Although the opinion that used water is impure exists within the Madhab. The basis for that opinion is not a Karamah.

Karamaat are not proof in the Hanafi Madhab. Rather proof is Quran and Sunnah. There is so much wrong with the claim that Imam Abu Hanifah based the impurity of used water on his Karamah. The people propagating it are not only wrong, but they are also damaging the reputation of the Madhab.

And Allah Most High Knows Best.

–Answered by Shaykh Noorud-deen Rashid (13.08.24)