What is the ruling if one discards water or passes by water during the prescribed prayer time and fails to use it, only to find water absent afterward?
Chapter on Tayammum
Al-Mughni
Book of Purification
Primary text
If a person discards water or passes by water during the prescribed prayer time and does not utilize it, and then the water becomes unavailable, they must perform Tayammum and pray. There are two views regarding repeating the prayer: one opinion states that repetition is unnecessary because the Tayammum performed was valid, having met all its preconditions, similar to discarding the water before the appointed time. The second view mandates repetition because the obligation of prayer by ritual washing (Wudu) was established, and the individual forfeited their own ability to perform Wudu, thus remaining accountable for the obligation.
Supporting text
If the individual gives the water away after the prayer time has entered, the gift is invalid, and the water remains their possession. Therefore, performing Tayammum while still possessing the water invalidates the Tayammum. If the recipient of the gift disposes of the water, it is treated as if the original owner discarded it.