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Ruling 266

Performing wuḍūʾ with usurped (ghaṣbī) water, or with water about which it is not known whether or not its owner consents to its use, is unlawful and invalid. Furthermore, if wuḍūʾ water drips from one’s face or arms onto a usurped place, or, if the place in which one performs wuḍūʾ is usurped, in the event that he cannot perform wuḍūʾ in any other place, his responsibility (taklīf) is to perform tayammum; and if he can perform wuḍūʾ in another place, it is necessary for him to perform wuḍūʾ in that other place. However, in the event that he performs wuḍūʾ in the usurped place, thus committing a sin, his wuḍūʾ is still valid.30

30 Two scenarios are envisaged here: in the first, the person’s duty is to perform tayammum as he cannot perform wuḍūʾ except in a place that is usurped. In the second scenario, his duty is to perform wuḍūʾ in a place that is not usurped, this being a viable option for him. However, if in both of these scenarios he does not act according to his duty and goes ahead and performs wuḍūʾ in the usurped place anyway, he will have sinned. Nevertheless, the wuḍūʾ that he performed there is valid.