Does touching a woman invalidate the ablution?
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The questioner : He asks: Does touching a woman invalidate the ablution?
The Shaykh : The scholars, may Allah have mercy on them, have differed on whether touching a woman invalidates the ablution or not. Some said: It does not invalidate the ablution in any case. Some said: It invalidates the ablution in any case. And some said: If it is for sexual desire, it invalidates the ablution, and if it is not for sexual desire, it does not invalidate the ablution. The stronger view is that it does not invalidate the ablution in any case, unless something comes out from the one touching or the one touched, such as pre-seminal fluid or the like. In that case, the ablution is invalidated by what comes out, not by the touching. Those who said that touching invalidates the ablution in any case cited as evidence the saying of Allah the Exalted:[An-Nisa 4:43] And in another reading, the Saba'iyah reading: based on the understanding that the meaning of touching is the man touching the woman with his hand or with any other part of his body. The correct view is that the meaning of touching in this verse, or the touching, is intercourse, as Ibn 'Abbas (may Allah be pleased with him) interpreted it. And what indicates this is that in this noble verse, Allah the Exalted mentioned the two original purities and the substitute purity. And Allah the Exalted mentioned in it the two causes: the cause of the major purity and the cause of the minor purity. In His saying: [Al-Ma'idah 5:6] here is mentioned the minor purity, whose cause is the minor state of ritual impurity. And in His saying: [Al-Ma'idah 5:6] Allah the Exalted mentioned the major purity and its cause, which is major ritual impurity. And in His saying: Allah the Exalted mentioned the substitute purity, which is dry ablution. And on this basis, His saying: [An-Nisa 4:43] contains an indication. In His saying: [An-Nisa 4:43] there is an indication to the mention of the causes of the two purities. In His saying: [An-Nisa 4:43] is mentioned the cause of the minor purity. And in His saying: [An-Nisa 4:43] is mentioned the cause of the major purity. If we understood touching as touching with the hand or other parts of the body without intercourse, then the verse would mention two causes of the minor purity, two causes of the minor purity, and omit the cause of the major purity.
In any case, this verse does not contain an indication for what those people who said that the ablution is invalidated when a man touches a woman went to. The original state is the presumption of innocence and the continuation of purity. And what is established by evidence is not removed except by evidence like it or stronger than it. So if the purity of the one who performed ablution is established by a legal proof, then it is not invalidated except by a legal proof like the one by which it was established or stronger. Yes.
The questioner : May Allah bless you. The listener concludes his message and says.
The Shaykh : The scholars, may Allah have mercy on them, have differed on whether touching a woman invalidates the ablution or not. Some said: It does not invalidate the ablution in any case. Some said: It invalidates the ablution in any case. And some said: If it is for sexual desire, it invalidates the ablution, and if it is not for sexual desire, it does not invalidate the ablution. The stronger view is that it does not invalidate the ablution in any case, unless something comes out from the one touching or the one touched, such as pre-seminal fluid or the like. In that case, the ablution is invalidated by what comes out, not by the touching. Those who said that touching invalidates the ablution in any case cited as evidence the saying of Allah the Exalted:
or one of you comes from the place of relieving himself or you have contacted women and find no water, then seek clean earth
أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ أَوْ لامَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُواOr you have touched women
أو لمستم النساءwash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles
فَاغْسِلُوا وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ وَامْسَحُوا بِرُؤُوسِكُمْ وَأَرْجُلَكُمْ إِلَى الْكَعْبَيْنِAnd if you are in a state of janabah, then purify yourselves
وَإِنْ كُنْتُمْ جُنُبًا فَاطَّهَّرُواThen perform dry ablution
فَتَيَمَّمُواor one of you comes from the place of relieving himself or you have contacted women
أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ أَوْ لامَسْتُمُ النِّسَاءَor one of you comes from the place of relieving himself or you have contacted women
أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ أَوْ لامَسْتُمُ النِّسَاءَor one of you comes from the place of relieving himself
أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِor you have contacted women
أَوْ لامَسْتُمُ النِّسَاءَIn any case, this verse does not contain an indication for what those people who said that the ablution is invalidated when a man touches a woman went to. The original state is the presumption of innocence and the continuation of purity. And what is established by evidence is not removed except by evidence like it or stronger than it. So if the purity of the one who performed ablution is established by a legal proof, then it is not invalidated except by a legal proof like the one by which it was established or stronger. Yes.
The questioner : May Allah bless you. The listener concludes his message and says.