As for a disbeliever’s embracing Islam: the disbeliever is among those required to perform ghusl. Thus, if he embraces Islam and wishes to recite, he is prevented from doing so until he performs ghusl.
The evidence given for this is analogy with a person in a state of major ritual impurity.
This, however, is highly questionable, for the scholars are unanimous that ghusl is obligatory for one in a state of major ritual impurity, whereas they differ as to whether it is obligatory for the disbeliever, as mentioned previously (1). What is disputed cannot be analogized with what is agreed upon.
If it is said: We are making this analogy on the basis of the view of those who hold that ghusl is obligatory for the disbeliever. As for those who do not hold it to be obligatory, it is plainly the case that he is not to be prevented from reciting the Quran.
The response is that, even according to those who hold that ghusl is obligatory for him, they do not regard its obligation as definitive in the same manner as ghusl due to major ritual impurity; rather, they regard it as less binding. Accordingly, preventing a disbeliever from reciting the Quran until he performs ghusl is a weak view, because there are no hadiths concerning it—neither authentic nor weak—and there is nothing but this analogy.
He may pass through the mosque when there is a need, …
His statement, “He may pass through the mosque when there is a need,” means that he may go through it when necessary. This indicates that he is prohibited from remaining in the mosque. It would therefore have been clearer had he said, “It is forbidden for him to remain in the mosque,” and then made an exception for passing through it.
That is, it is forbidden for one required to perform ghusl to stay in the mosque—that is, to remain there, even for a brief period. The evidence for this is: …
- Allah the Exalted says: “O you who believe, do not approach the prayer”