Chapter on the well — Tuḥfat al-Mulūk

Ruling124

Liquid impurity renders it impure.

Saved on this device only — not synced to your account.

to save your notes to your account.

Ruling125

2 notes

Solid [impurity]—such as dung, manure, and caked filth—a little is overlooked, not a lot: what the onlooker considers much.

From the editors

1.

There is a difference of opinion regarding the definition of “a large amount” of impurity in water. Some say it is when it covers a quarter of the surface, others say a third, others say the majority, or even the entire surface. Another view states that it is when each bucket drawn from the water contains at least one or two droppings of impurity. The preferred view, as mentioned in al-Hidāyah and attributed to a narration from Abū Ḥanīfah, is that the large amount is what the observer considers large. This was also chosen by the author. Refer to Hadiyat aṣ-Ṣāʿalūk (p. 31), Minḥat as-Sulūk (1:123), al-Badāʾiʿ (1:77) where it is stated that this is the correct view, and in at-Tabyīn (1:27), which affirms reliance upon this view (muʿtamad).

2.

This is a narration from Abū Ḥanīfah. However, the correct view (ṣaḥīḥ) is to take the word of two experts with insight into water matters. This has been deemed correct in al-Durr, volume 1: 25, al-Tabyīn, volume 1: 30, Minḥat al-Sulūk, volume 1: 125, chosen in al-Hidāyah, volume 1: 22, endorsed by the author of al-Kifāyah, 1: 93, chosen by the author of at-Tanwīr, 1:143, Hadiyat aṣ-Ṣaʿālūk p. 32, and in al-Durr al-Mukhtār, volume 1: 143: by which the fatwā is given, and it is the safest opinion. In al-Maraqī page 37: it is the most correct, and Ibn ʿĀbidīn preferred it in his commentary, volume 1: 143.

Ruling126

Wet, dry, sound, and broken are alike.

Saved on this device only — not synced to your account.

to save your notes to your account.

Ruling127

فإن ماتت فيها فأرة، أو عصفور، ونحوهما، تطهر بنزح عشرين دلواً بدلوها بعد إخراج الواقع.

If a mouse or sparrow and the like die in it, it is purified by drawing twenty buckets with its bucket after removing the carcass.

Ruling128

وفي الحمامة، والدجاجة، والهرة، ونحوها، أربعون دلواً.

For pigeon, hen, cat, and the like, forty buckets.

Ruling129

وفي الآدمي، والشاة، ونحوهما، ينْزَح الكلّ.

For a human, sheep, and the like, the whole [well] is drawn out.

Ruling130

1 note

وإن انتفخَ الواقع أو تَفَسَّخَ، نزِحَ الكلّ مطلقاً: يعني صَغرَ أَو كَبرَ، فإن لم يمْكن؛ لنبع الماء، نزِح حتى يغلبَهم الماء.

If the carcass swells or disintegrates, the whole is drawn without restriction—meaning small or large; if that is impossible because the water springs, draw until water predominates.

فصل في البئر