مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٧ - ABLUTIONS

usually utilize those canals, although their owner may be a minor or an insane person. Furthermore the owner is not entitled to forbid the use of those of by thepeople.
٢٧٨. If a person forgets about the water being usurped water and performs ablutions with it his ablutions is in order. However, if a person has usurped the waterhimself but forgets about its having been usurped and performs ablutions with it his ablutions is void. (iv) The fourth condition is that the container of the water used bythe person concerned for ablutions should be allowable for him. (v) The fifth condition is that in accordance with obligatory precaution the container of the water used forablution should not be made of gold or silver. Explanation of these two conditions is as follows:
٢٧٩. If the water for ablutions is in a usurped container and the person concerned has no other water and if he can transfer that water to another container inaccordance with a legal method it is necessary for him to transfer it to another container and then to perform ablutions with it and if he cannot perform this actsuccessfully he should perform Tayammum. And if he has some other water also it is necessary for him to perform ablutions with it. And if he commits sin in both the cases andthrows water on the parts of ablutions with his hand or something like it and performs ablutions his ablutions is in order. And if in such circumstances he performs ablutionsfrom a container made of gold or silver his ablutions is in order whether he has some other water except it or does not have it. And if he performs immersion ablutions in acontainer made of gold or silver it is difficult to say that the ablutions is valid.
٢٨٠. If, for instance, an usurped stone or brick is fixed in a pool, there is no harm in drawing water from it if in common parlance this does not amount tounlawful possession of that brick or