Answer to the statement: It is reported from Ibn 'Umar that he used to say: "A man's kissing his wife and touching her with his hand is part of physical contact"

The Shaykh : As for the hadith that follows it, which is from 'Abdullah ibn 'Umar: "A man's kissing his wife and touching her with his hand is part of physical contact, so whoever kisses his wife or touches her with his hand, he must perform wudu," this is not a hadith, and it is not appropriate to list it among the hadiths; because every Muslim, especially if he does not have complete Islamic legal knowledge, and particularly if he has no knowledge of hadith science or hadith terminology, when he hears the word "hadith," he assumes it is a hadith from the Messenger of Allah (peace and blessings be upon him). This second hadith does not mention the Messenger (may Allah's prayers and peace be upon him); so it is not a hadith attributed to the Messenger (peace and blessings be upon him), but rather it is the statement of 'Abdullah ibn 'Umar. Take note of this: Ibn 'Umar says: "A man's kissing his wife and touching her with his hand is part of physical contact, so whoever kisses his wife or touches her with his hand, he must perform wudu." This is the statement of Ibn 'Umar, and it is a clear statement by him that he obligates wudu on whoever kisses his wife. However, this is not a hadith attributed to the Messenger (may Allah's prayers and peace be upon him) such that it would contradict the first hadith. The first hadith is the hadith of 'A'ishah, which has a direct connection to the Messenger (peace and blessings be upon him), about whom Allah (Mighty and Majestic) said in teaching His Ummah: , and He did not say: "You have in Ibn 'Umar a good example," or in 'Umar, or the like; especially in the case where the statement of 'Umar or Ibn 'Umar or any other Companion contradicts the Sunnah of the Messenger (peace and blessings be upon him).
So in this case—that is, in the case where the statement of one of the Companions contradicts the Sunnah of the Messenger (peace and blessings be upon him)—it is not permissible to take his statement and leave aside or abandon the Sunnah of the Prophet (may Allah pray upon him and grant him peace). And so it is here: we have the hadith of 'A'ishah that the Messenger (may Allah pray upon him and grant him peace) used to kiss her and then pray without performing wudu, and we have the statement of Ibn 'Umar that a man's kissing his wife and touching her with his hand obligates him to perform wudu. So we do not take this statement as long as it contradicts the Sunnah of the Messenger (may Allah pray upon him and grant him peace) and his practice, which we were commanded to follow.
And it should not be said: "Where did Ibn 'Umar get this from?" We know this statement from the general public, even from some students of knowledge, and even from some scholars; when they are confronted in their opinions and their madhahib with a verse or a hadith, they confront us with the statement of one of the Salaf, whether from the Companions or those after them, and they say: "Where did you get that from?" My brother, our Lord (Mighty and Majestic) did not guarantee infallibility for us except for two things: the Book and the Sunnah. And He did not guarantee infallibility for any person, no matter how high and exalted, as long as he has not reached the rank of prophethood and infallibility. So here, Ibn 'Umar is a noble Companion, but he is not infallible; especially since he contradicted the Sunnah of the Messenger (may Allah pray upon him and grant him peace), and especially since many of the Companions said what is included in the hadith of 'A'ishah.
In summary: From the perspective of the statements of scholars, there is disagreement in this issue; whether among the Companions, or among the Tabi'un, or among the mujtahid imams. And we must know, on this occasion, that the disagreement existing among the four madhahib is, in reality, the result and summary of the disagreement that existed among the Companions. There are many reasons for such disagreement, which are not our concern now, but we want to remind you that this disagreement existing among the madhahib is the summary of the disagreements that were among the Companions. It is rare that we find a statement from one of the four imams that was not preceded by a statement from some of the Companions, even if it was incorrect. It is rare that we find a statement from one of the four imams that was not preceded by a statement from some of the Companions. And this issue is of this type. Abu Hanifah says: "Touching a woman does not invalidate wudu; whether with desire or without desire." Al-Shafi'i is on the opposite side: "It invalidates wudu; whether with desire or without desire." Malik and Ahmad say: "If it is with desire, it invalidates it, and if it is without desire, it does not invalidate it."
So this is a disagreement. What did Allah (Mighty and Majestic) command us when we find such a disagreement? The text of the Qur'an is explicit in this, and perhaps you all remember it well; it is the saying of Allah (Blessed and Exalted is He) in the Qur'an: .