الماء المستعمل : دراسة فقهية تاريخية

Abstract EN

This article aims to investigate the jurisprudential issues in a historical way, achieving a high level of accuracy, and guides the researcher to the issue’s map from the time of the Prophethood to the present day.

Therefore, the issue Used Water comes as an example for this method of presentation.

Issues passed through stages.

The title took its final form from the second phase, i.e.

naming the issue as Used Water as its title.

As for the inference, it developed remarkably in the second phase, specifically from the era of Imam Shafi'i and Mohammad Ibn Alhasan, and in particular from the viewpoint of Aljassas and Ibn Alqassar.

Thus, it continued developing phase after phase, specifically starting and more broadly, from the viewpoint of Aljassas and Ibn Alqassar.

The idea of responses and discussions of the evidence of violators began, and it continued to the last phase in the development and reciprocal answers between all views.

From the second phase also to the last one, the issue began to change with regard to the description and order phase by phase, most of which was out of the obligations of the violators.

Therefore, when inference appeared in Allama’ Hadith that remained from the body of the Prophet (PBUH), the restriction came to the fact that water was separate from the body, not attached to it.

The issue did not appear in terms of jurisprudential sayings except from the era of Abu Hanifa, which is the second phase.

The issue of the merit of water that includes falling off and the remainder in the vessel is a matter of facilitation, not of complication, and it appears that Abu Hanifa is an important turning point in the matter in terms of saying that the used water is not purified and that those who came after him are clearly affected by him even in inference, until Ibn Hazm came in the third phase and outweighed the claim that the used water was purified and cleansed, and it increased in strength during the era of the investigators particularly Ibn Taymiyyah and Alshawkani.