and it is the second view in the madhhab (1), based on the Prophet’s statement, peace and blessings be upon him, in the hadith of Ibn Mas‘ud, may Allah be pleased with him, concerning doubt in prayer: “If one of you doubts in his prayer, let him seek what is correct, then complete his prayer on that basis.” (2) This is a textual proof for the validity of determining what is more likely to be correct in ambiguous matters.

The rational proof is that one of the established principles among the scholars is that, when certainty cannot be attained, one returns to what is most probable. Here, certainty cannot be attained, so we return to what is most probable—that is, determining which is more likely to be correct. This applies when there are indications showing that one vessel contains purifying water and the other impure water, for in that case the matter admits of such determination because of those indications. But if there are no indications—for example, if the two vessels are alike in type and colour—can one still determine which is more likely?

Some scholars said: If his heart inclines with assurance toward one of them, he should use it (3). They analogized this to the case in which the direction of the qiblah is unclear to a person: he considers the available evidence but finds nothing decisive. They said that he should pray in the direction toward which his heart inclines. Likewise here, he should use whichever water his heart inclines toward. There is no doubt that using one of the two waters in this situation involves a degree of weakness, but it is better than resorting to dry ablution.

Nor is it stipulated for dry ablution that the two waters be poured out or mixed together, .............

His statement, “Nor is it stipulated for dry ablution that the two waters be poured out or mixed together,” informs us that the author, may Allah have mercy on him, holds that when he avoids both of them, he performs dry ablution.