Must a person in the state of major ritual impurity (Janaba) who finds insufficient water for a full ablution (Ghusl) use the available water?

Chapter on Tayammum

Al-Mughni

Book of Purification

Book 2 · Issue 1 · Bab 10

Open in Qurani

Primary text

If a person in a state of major ritual impurity finds only enough water to wash some of their limbs, they are obligated to use that water on the parts they can cover and then perform dry ablution (Tayammum) for the remainder. This ruling is affirmed by Ahmad, who stated one should perform Wudu and then Tayammum if only enough water for Wudu is found. Abda b. Abi Lubaba, Ma'mar, and 'Ata' held this view, and it is one position attributed to Al-Shafi'i. The evidence relies on the verse commanding Tayammum only upon not finding water (Quran 5:6), indicating that partial possession of water does not nullify the obligation to use what is available. Furthermore, the Prophet (peace be upon him) commanded: "When I command you with an order, fulfill from it what you are able to." (Reported by Al-Bukhari). It is also required to use the water before performing Tayammum to establish the condition of absolute lack (I'waz) required for Tayammum.

Supporting text

The dissenting opinion, held by Al-Hasan, Al-Zuhri, Hammad, Malik, the Companions of Opinion (Ashab al-Ra'y), Ibn al-Mundhir, and the second position of Al-Shafi'i, is that the person should perform Tayammum and omit using the water. Their reasoning is that this insufficient water does not purify the entire body, thus rendering its use unnecessary, similar to used water.