Bismillahi Al-Rahmani Al-Rahim

Hanbali Oddities Regarding Najasah

Q
as-Salaamu`alaikum wa rahmatullah
I heard from a reliable brother that the hanbali position regarding if one wakes up from sleep and sticks his hand in a body of water such as a pond or lake without first making wudu, then that body of water would become impure. At the same time, if one urinates in that lake or pond, then hanbalis agree that as long as the smell, color, etc. hasnt changed, then that water is still pure.

If in fact what the brohter relates is true, then it seems to me there is a slight irony here, that urine doesnt make that water najis (as long as the 3 conditions are met), but yet sticking your hand (after waking up) in that water will make that najis?
please clarify, barak Allahu feek.


A
wa `alaykum al-salam wa rahmatullahi wa barakatuhu

The person who told you these rulings may very well be reliable in what he has read, but this understanding does not conform to what is found in later books.

When someone makes up after sleeping at night and sleeping deep enough for his wudu to be lost: he must wash his hands, three times, saying Bismillah, and with intention. If he does not do this and he puts his hands in water that is less than approximately 212 liters, the water will cease being able to lift ritual impurity and remove filth, and will simply be pure. If you add more water to it until it becomes 212 liters, it will be able to lift ritual impurity and remove filth--providing that the resulting water is pretty much as Allah Most High originally created it. The evidence for this is the same evidence that the other schools use to show that it is meritorious the wash the hands when waking up, and that it is necessary to wash them when they have filth on them. The reason actual reason for washing the hands is ta`abudi, or: for the sake of testing the slave's taqwa, and the wisdom behind it is that the person may have touched filth while asleep. Because this is considered for the sake of testing the slave, it follows that even if the hands were tied up or put in mittens all night long: they would still need to be washed.

When filth other than liquid human waste (such as urine, blood, and feces dissolved in water) is put into water, the water remains pure as long as there is no discernable change. But if liquid human waste is put in it, the water becomes filthy--even if greater than 212 liters--unless it is very difficult to protect the water from such an event. This difference between human and other types of waste not found in most shorter books. The evidence for this is from two directions: reconciling between two rigorously authenticated hadiths, and using a weakly authenticated hadith that explicitly refers to human urine in water.

So basically: there's no irony here. When you stick your hands in water that is less than 212 liters after waking up then that purifying water becomes pure; and if you urinate in a bathtub holding more than 212 liters the water is filthy, but if you do the same in a big pond or the ocean it doesn't.

And Allah knows best.