If a man kisses his wife and he is in a state of wudu', does the wudu' become invalid, and is it obligatory to renew the wudu' if he performs the prayer? Please inform us, may Allah reward you.
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The questioner : If a husband kisses his wife and he is in a state of wudu', does the wudu' become invalid, and is it obligatory to renew the wudu' if he performs the prayer? Please inform us, may Allah reward you?
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
If a man kisses his wife with desire and nothing comes out of him, the stronger opinion is that his wudu' does not become invalid. However, if he performs wudu', that is better. This is because if wudu' is completed in accordance with the evidence of the Shari'ah, it does not become invalid or defective except by Shari'ah evidence. What is established by evidence cannot be removed except by that evidence or by something stronger than it. There is nothing in the Qur'an or the Sunnah indicating that kissing, meaning kissing one's wife, invalidates wudu'. As for the saying of Allah the Exalted:[An-Nisa 4:43], the intended meaning of "touching" here is intercourse. Interpreting it as touching with the hand is very far-fetched. This is because when we read this verse, it becomes clear that the intended meaning of "touching" must be intercourse, as 'Abdullah ibn 'Abbas (may Allah be pleased with him) interpreted it. Listen to the verse; Allah Mighty and Majestic says: [Al-Ma'idah 5:6] This is the minor purification, whose cause is the minor state of ritual impurity. Then He said: [Al-Ma'idah 5:6] This is the major purification, the full ritual bath, whose cause is the major state of ritual impurity, such as janabah and the like. Then He said: [An-Nisa 4:43] So Allah Glorified and Exalted is He mentioned the two causes that necessitate purification, which are the minor and the major. He said: [An-Nisa 4:43] This is the minor cause, which is what we mean by the minor state of ritual impurity. And He said: [An-Nisa 4:43] This is the major cause, which is what we mean by the major state of ritual impurity. Thus, the verse indicates both the major and minor purifications and their causes, namely: the cause of the minor, which is coming from the toilet, and the cause of the major, which is touching women.
If we were to make "touching" here mean touching with the hand and that it invalidates wudu', there would be an addition and a deficiency in the verse. There would be an addition in the verse where we made, meaning the cause of the minor purification, so the verse would mention two causes of the minor purification. This is an addition, as mentioning one cause is sufficient. And there would be a neglect of mentioning the cause of the major purification, which is a deficiency. Therefore, the context of the verse indicates that the intended meaning of "touching" is intercourse, so that the detail and division are complete. And if the intended meaning of "touching" is intercourse, then there is no evidence that touching a woman with the hand or by kissing invalidates wudu'. So the wudu' remains as it is, due to the absence of evidence that invalidates it.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
If a man kisses his wife with desire and nothing comes out of him, the stronger opinion is that his wudu' does not become invalid. However, if he performs wudu', that is better. This is because if wudu' is completed in accordance with the evidence of the Shari'ah, it does not become invalid or defective except by Shari'ah evidence. What is established by evidence cannot be removed except by that evidence or by something stronger than it. There is nothing in the Qur'an or the Sunnah indicating that kissing, meaning kissing one's wife, invalidates wudu'. As for the saying of Allah the Exalted:
or one of you comes from the place of relieving himself or you have contacted women
أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ أَوْ لامَسْتُمُ النِّسَاءَO you who have believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا قُمْتُمْ إِلَى الصَّلاةِ فَاغْسِلُوا وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ وَامْسَحُوا بِرُءُوسِكُمْ وَأَرْجُلَكُمْ إِلَى الْكَعْبَيْنِAnd if you are in a state of janabah, then purify yourselves
وَإِنْ كُنْتُمْ جُنُبًا فَاطَّهَّرُواAnd if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and find no water, then seek clean earth
وَإِنْ كُنْتُمْ مَرْضَى أَوْ عَلَى سَفَرٍ أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ أَوْ لامَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُواor one of you comes from the place of relieving himself
أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِor you have contacted women
أَوْ لامَسْتُمُ النِّسَاءَIf we were to make "touching" here mean touching with the hand and that it invalidates wudu', there would be an addition and a deficiency in the verse. There would be an addition in the verse where we made
