This is analogous to someone performing ablution dipping his hand into the water after washing his face, according to those who require the prescribed sequence, such as al-Shāfiʿī and Ahmad.
The correct view among them distinguishes between intending ritual washing and not intending it. If he intends only ritual washing, the water becomes used water; if he intends only to scoop water out, it does not. If he leaves his intention unspecified, it does not become used water according to the correct view.
It is established in an authentic report that “the Prophet (peace and blessings be upon him) scooped water from the vessel after washing his face,” just as it is established that he scooped water from it while in a state of major ritual impurity. He imposed no hardship on Muslims in this matter. Indeed, we know with certainty that most of the Muslims’ ablutions and ritual baths during his lifetime were performed using small vessels, and that they dipped their hands into the water for both ablution and ritual bathing. Whoever regards the water as used water on this account has restricted what Allah has made easy.
If it is said, “We avoid this out of regard for the view of those who consider used water impure,” the response is:
This is even further removed from the Sunnah. The view that used water is physically impure, like blood and similar substances—although it is one of the two positions reported from Abū Hanīfa—contradicts the position of the early generations of this community and its leading scholars. It also contradicts authentic texts and clear evidence. This is not a matter open to conjecture; rather, it is unquestionably certain. It is established in an authentic report that “the Prophet (peace and blessings be upon him) performed ablution and poured his ablution water over Jābir,” and that they would contend fiercely over his ablution water, just as they would take