Question: It is said that if one dives into the sea or into a lake and wets ones body thoroughly one will have performed a ghusl. Similarly, if I sink into a bathtub and get out in Ihlas Kuzuluk Thermal Houses, will I have performed a ghusl?
To start with, let us give a piece of general information. A pool, the area of which is less than 23 m2, is termed a small pool. If it is larger than 23 m2, it is termed a large pool. Since seas and lakes cover more than 23 m2, they are considered to be large pools.
When some najāsat [substances which Islam prescribes as dirty] falls in a large pool, it is permissible to make an ablution and a ghusl at its any side where any of the three signs of the najāsat, such as its color, odor or taste is not evident. For example, if one has urinated in a lake and if there is no sign at its lower part, it is permissible to make a ghusl and an ablution.
Except for najs [religiously dirty] seas like Halic [the Golden Horn], an ablution can be performed at any side of any sea.
If one who has gotten soaked in clean sea water or a lake washes the mouth and the nose too, one will have performed a ghusl.
Also, if one who has drenched by rain washes the mouth and the nose, one will have performed a ghusl.
Water that has been used for an ablution or a ghusl is termed mustamal water. Mustamal water is qaba [heavy] najāsat according to Imām-i azam. It is khafīf [light] najāsat according to Abū Yūsuf, and it is clean according to Imām-i Muhammad, but it is not a cleaner of hadas [the state of being without an ablution or a ghusl]. That is, one cannot perform another ghusl or ablution with that water, and it cannot be drunk.
According to scholars who consider mustamal water to be clean, if the amount of mustamal water mixing in a small pool, e.g., in a bathtub, is more than or equal to the water inside, it is not permissible to perform an ablution and a ghusl. It is permissible for one who is performing an ablution in a small pool, into which no water flows, to make the ablution there so long as it is not known that the amount of water touching the skin is half the total amount of water in the pool, and so long as it is not known that any najāsat, though little, has fallen into the pool.
If a lot of people perform an ablution at a small pool whose water is changed daily and if their mustamal water falls back into the pool, the ablution will be valid. However, if any najāsat, though very little, falls into the pool, it is not permissible to perform an ablution there.
According to some scholars, if any limb is dipped and washed in a small pool, the whole pool becomes mustamal water. For this reason, at places rich in water, taking some water with the palms and washing the limbs outside the pool must be preferred to dipping the limbs into the pool. According to scholars stating that it is permissible at places with scarce water, an ablution and a ghusl can be made in the pool.
In order for the ghusl to be valid according to all scholars, one should not have a bath by sinking into a bathtub. In the case that one has sinked, that water should be drained. When having a bath, one should douse oneself with water using a bowl or under the shower. The mustamal water must flow away and must not be poured on the body. If poured on any part of the body, one should wash that part with clean water.
Does the water become najs?
Question: While performing a ghusl, sometimes some drops of water from my body splash into the water I am using for the ghusl. In this case, is my ghusl valid? When we are junub, if our hands dip into this water, is it permissible to make a ghusl with that water?
The water used for an ablution or a ghusl is termed mustamal water. If the amount of mustamal water mixing into the clean water is less than the amount of clean water, it is permissible to perform an ablution and a ghusl with that water. For instance, if 2 liters of mustamal water mixes into 5 liters of clean water, it is valid to perform a ghusl and an ablution using that water.
This rule also applies to the mustamal water flowing into a small pool and a person without an ablution dipping the hands into water. If a junub person or a disbeliever dips his or her hand or arm not smeared with najāsat into any water and takes some water or picks up a bowl in it, the water does not become najs [religiously dirty] in any of the four madhhabs. If more than half of the water flowing over some najāsat touches the najāsat, the water becomes najs. If a small quantity of the water touches it and if the three peculiarities of the najāsat do not exist in the water, it does not become najs. In the Mālikī Madhhab, mustamal water is both clean itself and can (be used to) clean other things. That is, one can perform a ghusl and an ablution with that water. (Manāhij-ul-ibād)