What is the ruling regarding the immersion (ghams) of a person in water after waking from night sleep if that person is a child, insane, or an unbeliever?
Chapter on Siwak and the Sunnah of Wudu
Al-Mughni
Book of Purification
Primary text
There are two perspectives regarding the effect of immersion in water after waking from night sleep by a child, an insane person, or an unbeliever. The first view holds that their immersion is treated the same as that of a mature, sane Muslim because it is unknown where their hand rested during sleep. The basis for this rests on the principle of preventing uncertainty regarding the contamination of the water.
Supporting text
The second view asserts that their immersion has no effect on the purity of the water. This is because the prohibition against immersion is established through direct religious address (khiṭāb), which is absent for these categories of individuals. Furthermore, the obligation of ghusl (ritual purification) in this context is a devotional act (ta'abbud), which is not incumbent upon them. If their immersion were to affect the water, it would affect it for their entire time in that state, as the removal of the prohibition requires intention (niyyah), which they do not possess, and there is no known scholar who affirms such a widespread contamination.