Touches women''s hands unintentionally


385

Q 1: Some of the contemporary scholars argue that touching one's wife does not nullify Wudu' (ablution). Their view rests on the Hadith reported by Abu Dawud, on the authority of `Aishah (may Allah be pleased with her), that the Prophet (peace be upon him) kissed one of his wives and went out to offer Salah (Prayer) without having performed Wudu' again. Could this be a supporting evidence to the holders of this view, or is this act peculiar to the Prophet (peace be upon him) on account that he did not declare this? `Aishah (may Allah be pleased with her) also narrated: The Messenger of Allah (peace be upon him) used to kiss (his wives) while observing Sawm (Fast); and he had the greatest control over his desire (as compared to you). As for Wudu' being nullified by what comes out of the urethra and anus through an opening in the stomach, there is no disagreement regarding this except what was stated by the Shaykh of Islam and Al-Muwaffaq in "Al-Mughny" from some of the Maliky jurists. There is no disagreement that Wudu' is nullified by what comes out of the urethra and anus. Ibn Taymiyyah stated that If a person has a disease that prevents the urine and stool from coming out of the urethra and anus and another opening is made in their body for the discharge of their excretions as is the case with some people, this does not nullify Wudu'. Accordingly, is Wudu' Mustahab (desirable) or Wajib (obligatory) in this case? A: Firstly, according to the correct opinion maintained by scholars, if a man touches his wife (Part No. 4; Page No. 119


A: Firstly, according to the correct opinion maintained by scholars, if a man touches his wife (Part No. 4; Page No. 119) directly, this does not nullify Wudu', whether he touches her lustfully or not, for the Prophet (peace be upon him) kissed one of his wives and went for Salah without performing Wudu' again. Moreover, when the Prophet (peace be upon him) prostrated himself while offering voluntary Salah (Prayer) at night, he would touch `Aishah (may Allah be pleased with her) with his fingertips to make her withdraw her legs due to the narrowness of the place, then he would prostrate. It would impose a lot of hardship if Wudu' was required whenever a man touched his wife. If it really nullifies Wudu', the Prophet (peace be upon him) would have explained it. As for Allah's Saying in Surahs Al-Nisa' and Al-Ma'idah: ...or you have been in contact with women (i.e. sexual intercourse) this refers to marital sexual intercourse, according to the more correct of the two opinions maintained by scholars. This was the explanation reported from some of the Sahabah (Companions of the Prophet) and Tabi`un (Followers, the generation after the Companions of the Prophet), may Allah be pleased with them all.Secondly, whatever exits the body through passages other than the urethra and anus, such as blood, vomit, and the like, does not nullify Wudu' according to the correct opinion maintained by scholars, unless it is foul and Najis (ritually impure). Urine and stool absolutely nullify Wudu', whether they exit the body through the regular passage or not.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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