Is ablution permissible via Tayammum if seeking water causes one to miss the prayer time?

Chapter on Tayammum

Al-Mughni

Book of Purification

Book 2 · Issue 1 · Bab 10

Open in Qurani

Primary text

If water is available but spending time to seek and use it causes the prayer time to expire, Tayammum is not permissible for the person, whether resident or traveler. This is the view held by the majority of scholars, including Al-Shafi'i, Abu Thawr, Ibn al-Mundhir, and the companions of Al-Ra'y (Hanafi school). The evidence is derived from the statement of Allah: {And you find no water, then seek clean earth} (Quran 5:6), the Hadith of Abu Dharr, and the principle that whoever is able to find water must use it, just as if missing the time was not a concern. Furthermore, purification is a prerequisite, and it is not permissible to abandon it out of fear of missing the time, similar to other prerequisites.

Supporting text

Al-Awza'i and Al-Thawri permit Tayammum in this situation. Malik, Ibn Abi Dhi'b, and Sa'id ibn 'Abd al-Aziz ruled that ablution (Ghusl) must be performed even if the sun rises after beginning the process.