so using them as thoroughfares is contrary to the purpose for which they were built, unless there is a need.
Nor may he remain in it without ablution.
His statement, “Nor may he remain in it without ablution”: if he performs ablution, then remaining is permissible. The evidence for this is as follows:
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The Companions, may Allah be pleased with them, would remain in the mosque after performing ablution following major ritual impurity. One of them would sleep in the mosque, and if he experienced a wet dream, he would go and perform ablution, then return. (1) This proves that it is permissible, because whatever was done during the Prophet’s ﷺ lifetime without his disapproving of it is permissible if it is a non-devotional act. If it is a devotional act, then it proves that a person is rewarded for it.
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Ablution lessens the state of major ritual impurity, as shown by the fact that the Messenger ﷺ was asked about a man who was required to perform ghusl: “May he sleep while in a state of major ritual impurity?” He ﷺ replied: “When one of you has performed ablution, let him sleep while in a state of major ritual impurity.” (2)
(1) Said ibn Mansur narrated in his Sunan, with this wording, as did Abu Bakr ibn Abi Shaybah in al-Taharah, chapter: “A junub passing through the mosque before performing ghusl,” no. 1557, from Hisham ibn Sad, from Zayd ibn Aslam, from Ata ibn Yasar: “I saw men among the Companions of the Messenger of Allah, peace and blessings be upon him, sitting in the mosque while in a state of janabah, provided that they had performed the wudu of prayer.”
Hanbal ibn Ishaq narrated from Abu Nuaym, from Hisham ibn Sad, from Zayd ibn Aslam, who said: “The Companions of the Messenger of Allah, peace and blessings be upon him, would converse in the mosque without wudu, and a man in a state of janabah would perform wudu, then enter the mosque and converse.”
Ibn Kathir said: “This is an authentic chain according to the criteria of Muslim.”
Abu Bakr ibn Abi Shaybah also narrated a similar report in his Musannaf, in the cited place, from Ali and Jabir. See Tafsir Ibn Kathir, al-Nisa 4:43; Nayl al-Awtar, Book of Purification, chapter: “The concession for a junub to pass through the mosque,” 1:288.
(2) Narrated by al-Bukhari, Book of Ghusl, chapter: “The sleeping of a junub,” no. 287; and Muslim, Book of Menstruation, chapter: “The permissibility of a junub sleeping ...,” no. 306, from Umar ibn al-Khattab.