The World Federation One Stop Fiqh

Ruling 266

Performing wuḍūʾ with usurped (ghaṣbī) water, or with water about which it is not known if its owner consents to its use or not, 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, his duty is to perform wuḍūʾ in a place that is not usurped, as that is a viable option for him. In either scenario, if he does not act according to his duty and goes ahead and performs wuḍūʾ in the usurped place, he will have sinned. Nevertheless, the wuḍūʾ he performed there will be valid.