the conjunctive waw conveys, namely conjunction; thumma is used solely to indicate sequence.
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Ibn Daqiq al-ʿId said: “The prohibition of combining the two acts is derived from this hadith, whereas the prohibition of doing either one separately is derived from another hadith.”
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From the various narrations in this chapter one may conclude the following:
• Muslim’s version forbids bathing by plunging into stagnant water or scooping it up for that purpose.
• Al-Bukhari’s version forbids combining urination and bathing.
• Abu Dawud’s version forbids each act on its own.
Taken together, the narrations show that every form is prohibited, for urinating or bathing in standing water makes it repulsive and filthy for people even if it does not formally render it impure. -
By the same token, it is forbidden to defecate or perform istinjaʾ in non-flowing stagnant water.
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It is forbidden to harm others or cause them injury through any act that has not been sanctioned and whose benefit does not clearly outweigh its harm.
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The scholars differed as to whether the prohibition denotes unlawfulness (ḥarām) or mere reprehensibility (makrūh):
• The Malikis deem it reprehensible, on the grounds that the water retains its purifying quality.
• The Hanbalis and the Zahiris hold it to be unlawful.
• Some scholars say it is unlawful with a small quantity of water and merely disliked with a large quantity.
The plain wording of the hadith, however, indicates that it is unlawful in both small and large amounts, not necessarily because it makes the water impure, but because it renders it repulsive and dirty to others.
Note: Immense, expansive bodies of water are exempt from this ruling by unanimous agreement, as stated earlier.