They said: The Prophet’s leaving off wudu in this situation demonstrates its permissibility and shows that the command is not obligatory. This is a sound and recognized principle, contrary to those who maintain that his actions do not qualify his statements; rather, his statement is to be followed, and his action does not indicate permissibility.

A point of benefit: This is the approach adopted by al-Shawkani, may Allah have mercy on him, in Nayl al-Awtar (1). I am surprised that he follows this approach, for it is well known that we do not regard an action of the Messenger, peace and blessings be upon him, as exclusive to him except where reconciliation between the texts is impossible. But when reconciliation is possible, it is not permissible to construe a text as exclusive to him, since the basic principle is to follow his example. Allah, Exalted is He, says: “Indeed, in the Messenger of Allah you have an excellent example.” [al-Ahzab 33:21] Thus, if the basic principle is to follow his example, there is no basis for construing a text as exclusive to him when reconciliation is possible, except on the strength of evidence.

That his actions or statements, peace and blessings be upon him, are not to be construed as exclusive to him without evidence is also indicated by the saying of Allah, Exalted is He: “And any believing woman who gives herself to the Prophet, if the Prophet wishes …”