Is it permissible for a man to perform Wudu with the leftover water of a woman when she has been alone with the water (Khalwat)?
Chapter on What Necessitates Ghusl
Al-Mughni
Book of Purification
Primary text
There are differing narrations from Ahmad regarding a man using the leftover water from a woman's Wudu when she was alone with it. The well-known position is that it is not permissible. This is the opinion of Abdullah bin Sarjis, Al-Hasan, Ghanim bin Qais, and Ibn Umar regarding the menstruating woman and the Junub person. Ahmad stated that several Companions disliked it when she was alone, but it is permissible if they shared it. The second narration permits it for both men and women, chosen by Ibn Aqil and held by the majority of scholars. This is supported by the Hadith where the Prophet, peace be upon him, washed with the leftover water of Maymunah, and she stated that the water was not related to major ritual impurity (Junaabah). Since it is pure water suitable for a woman's Wudu, it is permissible for a man, just like the leftover water of a man.
Supporting text
The basis for the prohibition narration is the report from Al-Hakam bin Amr that the Prophet, peace be upon him, forbade a man from performing Wudu with the leftover purified water of a woman. While some scholars authenticated this Hadith, others deemed it weak, and the sound position relies on the statement attributed to Abdullah bin Sarjis, which is a saying of a Companion (Mawquf). It is also argued that the narration of Maymunah might imply she was not alone with the water, reconciling the reports.