The same rule shall apply in the following cases where we have given the verdict in favour of repetition of prayer in case of unavailability of water. If the person shifts to another place, and knows that if he makes a search for water, he shall find it, and then he shall repeat the prayer, though he may be unable to carry out search in that place and he would be duty-bound to perform Tayammum. In case he knows perfectly well that he would not succeed in finding out water even if he had carried out search for it, his prayer (which he has already offered with the Tayammum,) shall be valid, and he shall not be required to repeat it. In case of confusion about the fact, there is difficulty (in the application of the above rule). So caution should not be given up by repeating the prayer or offering a compensatory prayer.
Problem # 8 Apparently there is no condition of carrying out search for water at the nick of time of prayer. If a person has carried out search for it before, and has not found it out, he shall not be required to renew his search for water. The same rule shall apply if a person has carried out search for water at the time of offering one prayer, then it shall be sufficient for the next prayers. Of course, if there is likelihood of finding out water after the search, provided that there are some presumptive signs for it, rather according to the more cautious opinion, even otherwise, it would be obligatory to restart the search.
Problem # 9 If a person has water sufficient for only carrying out cleansing, it shall not be permissible for him to spill it out after the arrival of time (of prayer). (Likewise,) if a person has already performed ablution, and has no water (for performing ablution again), it shall not be permissible for him to nullify that ablution.
If, however, he defies the rule and spills away the water or nullifies the ablution, his Tayammum and prayer shall be valid, though it shall be more cautious to offer compensatory prayer; rather the absence of permissibility of spilling out the water or nullifying the ablution before the arrival of the time of prayer, and even at the nick of time, is not devoid of force.
Problem # 10(In case of unavailability of water), if a person is able to dig a well without much inconvenience, according to the more cautious opinion, it shall be obligatory upon him (to do so).
2. In the effort for obtaining water there may be fear of some thief, beast, or being lost, or the like which may cause fear of harm to one’s life, honour or considerable property, on the condition that the fear must have some rational ground.
3. The use of water may cause some disease, eye-sore, inflammation, wound, abscess or the like, in a way that the harm caused by the use of water may not be affiliated to splint or what is treated as such. There is no difference in the fear of the occurrence of such diseases or that of their aggravation, or delay in their recovery and the severity of pain by its use in a way that it is not tolerable due to cold, etc.
4. In the use of water there is fear of some noble animal remaining thirsty.
5. Obtaining or using water may lead to some distress and extreme inconvenience which are not tolerable in ordinary circumstances, though there may not be any harm or its fear at present, or may cause some gratitude which is not usually tolerable due to its request for favour, or the disgrace and degradation caused by the labor done in order to buy it.
6. If obtaining water depends on the payment of all one has, or so much as is detrimental to him in the present circumstances. In case it is not detrimental, it would be obligatory (to obtain it), even if its price may be many times more than its usual price.
7. The time may be so short that obtaining or using water is not possible.
8. It is obligatory to use the water in hand for washing something unclean or the like in which nothing can replace water, in which case it shall be indispensable to resort to Tayammum, but it is more cautious first to use water for washing (the uncleanness) and then perform Tayammum.
Problem # 11 There is no difference in the thirst that makes Tayammum permissible, whether it leads to death, causes disease or some extreme distress which is not tolerable, though at present there is no fear of its harm, in the same way as there is no difference in what leads to death, or there is fear of harm to his own life or that of some one else, regardless whether it is a human being or some other being, a slave or otherwise, whether it is one whom it is obligatory to protect ; rather, it is not far from being extended to those whose killing is permissible in one way or the other, as the injurious animals, or one whose killing is permissible like a Harbi (one belonging to a country at war), an apostate by birth, or the like. If it is possible to quench the thirst by something forbidden like wine or unclean things, and a person has pure water, it would be obligatory for him to save it for quenching his thirst, and perform Tayammum for his prayer, as the existence of some thing forbidden is like its non-existence.
Problem # 12 If it is possible for a person to clean himself with water and perform prayer, but he delays it so much that the time becomes too short for the performance of ablution or ritual bath, he shall perform Tayammum and offer prayer. In this case his prayer shall be valid although he has committed a sin by causing delay. According to the extremely cautious opinion, he should also offer a compensatory prayer.
Problem # 13 If a person doubts about the amount of time left (for offering prayer), hesitating between the shortage of time for which he must perform Tayammum or sufficiency of time for which he may perform ablution or bath, it is obligatory on him to perform Tayammum.
The same rule shall apply if he knows the amount of time left (for offering prayer), though approximately, but doubts whether he has enough time for performing cleanness with water, he shall perform Tayammum and perform prayer.
Problem # 14 If a person has to opt between offering full prayer in due time with Tayammum or a single Rak’at of the prayer with ablution; he shall prefer the former, but he should not give up caution by performing compensatory prayer with water.
Problem # 15 A Tayammum performed due to shortage of time despite the availability of water does not render permissible except the prayer whose time had become tight, and is of no avail for the other prayer, despite the unavailability of water at the time of the other prayer.
Of course, if water has become unavailable during offering the former prayer, the same Tayammum is not far from being sufficient for the next prayer. It is more cautious to give up all acts which require the performance of Tayammum except that prayer, even if done during the performance of the same prayer. So, according to the more cautious opinion, it is not permissible to touch the words of the Quran (with the same Tayammum).
Problem # 16There is no difference whether the water is not available at all or it is available but is not sufficient for all the parts of the body involved in ablution and it was sufficient for a few of the parts with shifting to Tayammum for them. If something not rendering the pure water impure is mixed with the water which is not sufficient for the performance of cleanness thereby rendering it sufficient, then according to more cautious opinion, it would be obligatory (to mix it with the water).
Problem # 17If a person on whom it is obligatory to perform Tayammum violates the rule, and performs ablution or ritual bath, according to the more cautious opinion; his act of cleansing shall be void, though it is superior to the former.
If the person performs Tayammum due to shortage of time in order to be clean or with some other intention, it would be valid.
The same rule shall apply if a person violates the rule and pays so much of price for water as is detrimental to him, or has gone under obligation of some one, or has borne some degradation, or has obtained water despite fear of danger in it or any other similar case in which cleanness itself was not prohibited but only its preliminaries, but the cleanness itself was detrimental or causing inconvenience, then apparently it would be void.
Of course, if the harm or inconvenience was borne by someone else and a person violates the rule and performs cleanness, then validity is not far from being likely.
Problem # 18 It is permissible to perform Tayammum for the prayer for the dead or before going to sleep, but the Tayammum performed before going to bed must be for minor pollution, and there is nothing objectionable if it is performed for the major pollution too with the intention of hope (of its being desirable to Allah), in the same way as it is better to confine Tayammum to the case when he lies down on his bed and then remembers that he has not performed ablution ; otherwise, in other cases he shall perform the Tayammum with the intention of hope (of its being desirable to Allah), as it is better in the former case to perform Tayammum with the intention of hope (of its being desirable to Allah), in case there has been no fear of missing the prayer.
B __ Things on which Tayammum can be Performed
Problem # 1 It is a condition for a thing on which Tayammum is performed that it should be Sã’id which means the surface of earth, without there being difference in its being ordinary earth, sand, stone, clod of earth, gypsum land, unsoaked lime, earth of a grave, and the other things used for Tayammum, colored or uncolored which comes under the name of earth, though there may not remain anything stuck on the hand, but it is more cautious to perform Tayammum on earth, contrary to things which do not come under the name of earth, though they may be produced from it, such as vegetables, gold, silver or other metals which do not fall under the name of earth.
The same rule applies to ashes which belongs to the category of earth.
Problem # 2 If a person doubts about a thing whether it is earth or something else on which Tayammum cannot be performed, then if he knows that it was formerly earth, and doubts about its transformation into something else, it shall be permissible to perform Tayammum on it.
In case he is ignorant of its previous condition, then depending on its previous condition he shall perform Tayammum on it and add to it Tayammum on the subsequent condition like dust or mud, if found; otherwise, he shall performs Tayammum on the suspected thing and offer prayer within the due time and also add to it another prayer after the due time.
Problem # 3 According to the more cautious opinion, it is not permissible to perform Tayammum on soaked gypsum or limestone, if it is possible to do so on earth or the like. In case of its unavailability, it is more cautious to perform Tayammum on either of them, and add to it Tayammum on dust or mud which have a position secondary to earth.
In case of sole availability of soaked gypsum or limestone, he may perform Tayammum on either of them and later repeat the prayer, or offer compensatory prayer.
As regards Tayammum on pottery, or a brick, or the like made of soaked mud, it is permissible to perform Tayammum on any of them.
Problem # 4 It is not permissible to perform Tayammum on unclean earth, even due to ignorance or forgetfulness, nor on a usurped land, except when a person is compelled to stay there, such as when he is imprisoned, or he was ignorant of the matter. It is also not permissible to perform Tayammum on something mixed with the earth in a way that the name of earth is no more applicable to it. But there is no objection in performing the Tayammum, if the other thing disappears after mixing with earth or remains apparent but still the name of Tayammum on earth is applicable to it.
As regards the rule applicable to something suspected to be usurped or mixed, it is similar to that of water in relation to ablution or bath (when it is suspected of being usurped and mixed), contrary to the thing suspected to be unclean but being solely available, it is permissible to perform Tayammum on both categories of earth. If a person has water and earth, and knows about one of them being unclean, in case of availability of both solely, he shall perform both Tayammum and ablution or bath, with Tayammum preceding ablution or bath.
As regards the condition of lawfulness of the earth and the place of Tayammum, it is similar to the condition of lawfulness of water and the place mentioned under ablution. What is according to the stronger opinion has already been mentioned before.
Problem # 5 It is permissible for a person who has been imprisoned in a usurped place to perform Tayammum without there being any objection, provided that the place on which he strikes (his hands for performing Tayammum is outside the limits of the usurped place. As regards the Tayammum in case the place of striking (the hands for the performance of the Tayammum) is included in the usurped place, according to the stronger opinion, his Tayammum shall be valid, though it shall not be free from objection. As regards ablution in that location, if it is with lawful water, it would be like Tayammum in that place, and there would be no objection in it, particularly if the person prevents the water from falling on the floor of the prison.
As far as the performance of ablution with the water found in the prison is concerned, it shall not be permissible as long as the person does not obtain the permission of its owner, as is the case with the water outside the prison. Without the permission of the owner, the person shall be like one having no water, and, therefore, it shall be obligatory on him to perform Tayammum.
Problem # 6 If there is no plane ground, a person shall perform Tayammum on the dust of his garments, the felt carpet of the saddle, or mane of his beast of burden on which apparently there is dust of earth, striking his hands on things on which there is dust. It is, however, not sufficient to strike the hands on something which has dust inside without its apparent part, even if dust is raised by striking the hands. This is when it is not possible to shake the things and collect the dust, and then perform Tayammum; otherwise, it is obligatory to perform Tayammum in the same way.
In case dust is not available, a person may perform Tayammum on mud, and, if it is possible to dry it, and then perform Tayammum, it shall be obligatory to do so. Wet earth and wet land is not mud, and occupies the first rank (among the things on which Tayammum is permissible).
If a person performs Tayammum on mud, according to the sounder opinion, it is not obligatory to remove it, but it should be rubbed off as one removes the dust by shaking it. As regards the removal of the mud by washing, it is undoubtedly not permissible.
Problem #7. Performance of Tayammum on ice (or snow) is not proper. If a person does not find any of the things mentioned before except ice (or snow), and is not able to wash with it, or it is troublesome, he shall be considered to be one having neither of the two cleaning things (namely pure water and earth), and, therefore, according to the stronger opinion, offering prayer on due time drops and, according to the more cautious opinion, the compensatory prayer shall be established ; rather, according to the more cautious opinion, offering the prayer on time shall also be established, and it is rather more cautious to rub the ice (or snow) on the parts of the body involved in ablution and perform Tayammum with it and offer prayer on its due time, and subsequently, when possible, offer compensatory prayer.
Problem # 8It is disapproved to perform Tayammum on sand, and likewise on salt marsh rather, it is not permissible to perform Tayammum on some of its categories which are outside the term of land.
It is approved to shake the hands after striking it on the earth, and that it should be done on high ground; rather, it is disapproved to perform Tayammum on low level of land.
C - Procedure of Performing Tayammum
Problem # 1 In case of ability, a person shall strike the two palms of his hands together simultaneously on the earth, then rub his both hands together on his forehead and both eye-brows overlapping the place of growing of hair to the upper part of the nose to both sides of the forehead, and it is more cautious to rub both the eye-brows and nose. Then he should rub the palm of the left hand on the whole apparent part of the back of the right hand from the forearm to tips of the fingers, and then rub the whole apparent part of the back of the left hand with the palm of the right hand, but what lies between the fingers is not included in the apparent parts, as what is intended is to rub the apparent skin of the rubbing hand, and it is not a condition to be too minute and meticulous in it.
It is not sufficient merely to place the hands on the earth, but, according to the more cautious opinion, it should be what is called striking, though it is not devoid of force. The strike should be done by a single hand, nor with both the hands one after another, nor with their backs, or with only a part of the palm in a way that it may not be called striking with the whole of the palm in ordinary circumstances. The rubbing should also not be done by a single hand or both one after the other.
In rubbing the face it is sufficient to rub the entire part rubbed with the whole rubbing part on the forehead and both the eye-brows in the usual manner, i.e., rub the right part with the right hand and the left part with the left, and, at the time of rubbing the hand, it is sufficient to place the palm of each hand on the back of the other upto the tips of the fingers.
Problem # 2 If a person is not able to strike or rub with the palms of his hands, he may do so with their backs. This rule applies when there is absolute inability. If, however, he is able to use part of the palms, or use the whole palm by placing something on it, it is more cautious to strike and rub with part of the palm or the whole palm by placing something on and, between them, by the back of the hand.
Shifting to the forearm in place of the back of the hand is not far from being permissible, where there is an option to use either of them, while it is more cautious to use both of them.
Shifting to the forearm is not permissible in case the palm is unclean without being infecting other parts (when touched), when removal of the uncleanness is not possible; rather the person should strike and rub with the same palm.
In case the uncleanness is such as is an obstacle and it is not possible to clean or remove it, then it is more cautious to strike with the palm as well as the back of the hand rather, in the previous case too, caution should not be given up by using both.
If the uncleanness reaches the earth and it is not possible to dry it up, in that case shall be shifted to the forearm or the back of the hand.
If the uncleanness is on the parts to be rubbed, and it is not possible to clean them or remove the uncleanness, the person should perform the rubbing on them.
Problem # 1 In Tayammum, Niyyat (intention) is a necessary condition, as mentioned under (the chapter on) Ablution, mentioning therein as to whether it is being done in place of ablution or bath. The intention is to be had simultaneously with striking (the hands on earth), which is the first act in Tayammum.
It is a condition to perform it personally, and in the order explained before, and continuously, i.e., without an interval repugnant to its format and shape. The rubbing should be done from the uppermost to the lowest in the forehead and both the hands, as it is usually done, and remove the obstacle in the rubbing and rubbed part of the body, including even a ring.
The rubbing and rubbed parts must be clean, but the hair growing on the parts involved in Tayammum shall not be considered obstacles, and rubbing can be performed on them.
Of course, it is a condition to remove the hair growing from the head to the fore head, when they are more than usual, and are usually considered an obstacle, though not so, if there is one or two hairs.
All these conditions are required in ordinary circumstances, but in case of emergency, the conditions are dropped in difficult circumstances, but they are not dropped in easy circumstances.
Problem # 2 A single striking is sufficient for the face and both the hands in place of ablution and bath, though it is preferable to strike (the hands on earth) twice in which case the person has the option to strike twice one after the other before rubbing the face, or divide them in rubbing on the face and both hands. It is even more preferable (to strike the hands on the earth thrice, twice one after the other before rubbing on the face and once before rubbing on the hands.
Nevertheless, caution must not be given up by striking (the hands on the earth) twice particularly in case Tayammum is performed in place of a ritual bath, by striking once for the face and another for both hands. It is better and more cautious to strike (the hands on the earth) once and rub them on the face and both hands, and strike again and rub the palms of the hands on the back of both the hands.
Problem # 3 Tayammum may be performed by another person to a disabled person, but the other person must strike both the hands of the disabled person (on the earth) and perform the rubbing with them.
In case of inability, the other person shall strike his own hands, and perform the rubbing with them. If this job is to be done on payment, according to the more cautious opinion, it is obligatory to pay the remuneration for it, even if the remuneration is higher than in normal circumstances, provided that it is not detrimental in his circumstances.
Problem # 4 A person whose one hand has been chopped off shall strike the earth with the existing hand, and rub his forehead with it, then rub its back on the earth, though it is more cautious to do so and also assign the job to some one else, if possible, so that he may strike his hand on the earth and rub with it the back of his chopped hand.
If both the hands of a person have been chopped off, he shall strike his forehead on the earth. It is more cautious to assign the job, again, to some one else, if possible, so that the other person may strike both his hands on the earth and rub them on the face of the intended person.
This rule applies in case a person has no forearm; otherwise, the person shall perform Tayammum with his forearm and the existing hand. It is more cautious to perform the rubbing on the entire forehead and both the eye-brows with the existing hand after performing the rubbing with it and with the forearm in the usual manner. This is to be done in the first case.
The same rule shall apply in the second case. So a person whose both hands have been chopped off shall perform Tayammum with his forearm. This is preferable to rubbing the forehead on the earth or assigning the job of performing Tayammum to some one else. Rather, it is more cautious in case of a person whose both hands have been chopped off that the forearm should take the place of both the palms for rubbing on the back of both hands, and, in case of the persons whose one hand is chopped off, the forearm should take the place of the chopped hand in performing the rubbing of the back of the other hand.
Problem # 5 In case of performance of rubbing the forehead and both hands, it is obligatory to draw the rubbing parts on the rubbed parts. So it is not sufficient to draw the rubbed part under a mild movement in the rubbed part is not harmful, if the term “rubbed part may usually apply to them.
E. Rules Concerning Tayammum
Problem # 1 According to the more cautious opinion, it is not proper to perform Tayammum for the obligatory prayers before the arrival of their due time, even if the person knows that it shall not be possible for him to perform Tayammum on time, though there is difficulty (in accepting this rule).
According to the more cautious opinion, as a precaution, the person who knows that he shall not be able to perform it on time may perform Tayammum before hand for some other purpose, and let it not be nullified upto the due time of prayer in order to be able to perform it in a state of cleanness at its due time; rather its being obligatory is not devoid of force.
As regards the performance of Tayammum after the arrival of the due time of prayer, it is valid, regardless of whether there is hope of removal of the cause of inability at its end or not. Caution should, however, not be given up in case there is hope of the removal of the cause, and with the knowledge of its removal, it is obligatory to wait (till the end), and it is more cautious to wait until the time becomes tight in all circumstances.
If a person performs prayer with proper Tayammum, he is not bound to repeat the prayer after the removal of the cause, irrespective of the removal taking place within the due time or after its expiry.
Problem # 2 If a person performs Tayammum on the arrival of the due time of prayer, and it is not nullified, nor the cause of inability is removed until the arrival of the due time of the next prayer, it shall be permissible for him to offer the next prayer at the beginning of its time, except when he has knowledge of the removal of the cause before the expiry of its due time, in which case it shall be obligatory on him to delay (offering the prayer).
In case there is hope of the removal of the cause, he should not give up caution; rather, in case he has performed Tayammum for any purpose like prayer, it shall be lawful for him to perform any other purpose like a clean person as long as his Tayammum is intact and the cause is also not removed. So he may do anything in which there is a condition of cleanness like touching the words of the Quran and entering the mosques, etc.
Whether earth can be used in place of water in every case where ablution or ritual bath is required, even if it is not for the sake of cleanness, and whether Tayammum is permissible in place of approved baths or renewed or formal (Suri) ablution, are questions (in whose answering in the affirmative,) there is hesitation and difficulty, so it is more cautious to perform Tayammum in such cases with the hope of being desirable (to Allah).
Problem # 3 A person having major pollution other than one due to discharge of semen (Janabat) shall have to perform two Tayammums, one in place of ritual bath and the other in place of ablution.
In case he has water which is sufficient especially for only either of them (i.e., either for ritual bath or ablution), he shall use it for one of them (for which it is sufficient) and perform Tayammum in place of the other. If he has water which is sufficient or either of them (i.e. either for the ritual bath or ablution), but it may be used for both, it shall be more cautious for him to perform the ritual bath first; rather it shall not be devoid of better reason for preference, and perform Tayammum in place of ablution. In case of pollution due to discharge of semen (Janabat), it is sufficient to perform a single Tayammum.
Problem # 4 If there have gathered different causes for the major pollution, there shall be difficulty in considering a single ritual bath sufficient for all of them. So it is more cautious to perform a separate ritual bath for each of them. If, for example, a person is required to perform ritual bath for discharge of semen (Janabat), and for touching the dead body, he shall perform two Tayammums.
Problem # 5 The Tayammum performed in place of ablution is nullified due to minor and major pollutions, in the same way as the Tayammum performed in place of ritual bath is nullified by a pollution which entails the obligation for a ritual bath.
Whether a Tayammum performed in place of a ritual bath is nullified by a pollution which nullifies ablution and the person returns to his previous (polluted) position, so that a man who has performed Tayammum due to Janabat shall be required to renew his Tayammum, if he has a minor pollution, or for example, if a menstruating woman has a ritual impurity (hadath), whether her Tayammum is nullified or not; rather in case of minor pollution it is not obligatory to perform anything except ablution or Tayammum in its place until water is available or one is able to use it for ritual bath, then whether what had been performed in its place is nullified: