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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is your opinion of the hadith: (Whoever touches the private part of another, let him perform wudu')?

Machine translationRead the Arabic original
The questioner : May Allah reward you with good. It is a small question, very small, and it is
Whoever touches the private part of another, let him perform wudu' مَن مَسَّ ذكر غيره فليتوضأ
, narrated by al-Tabarani. What is your opinion of this hadith?

The Shaykh : The hadith in this wording is anomalous, and the hadith whose chains are multiple is only:
He who touches his penis should perform ablution. مَن مَسَّ ذكره فليتوضأ
Sunan Abi Dawud 181Sahih (Al-Albani)
. Then, if the correct understanding of the authentic, preserved hadith is:
He who touches his penis should perform ablution. مَن مَسَّ ذكره فليتوضَّأ
Sunan Abi Dawud 181Sahih (Al-Albani)
, meaning:
Whoever touches his own private part مَن مسَّ ذكره
with desire, let him perform wudu', then a fortiori, if the hadith were authentic in the first wording:
Whoever touches the private part of another, let him perform wudu' مَن مَسَّ ذكر غيره فليتوضأ
, the intended meaning is if his touching the private part of another is from the category of arousing desire for himself, then the operative cause understood from the authentic hadith is realized, in addition to the hadith of Talq ibn 'Ali, in which the Prophet (peace and blessings be upon him) was asked about a man who was praying, so he extended his hand and scratched his body and touched his organ; does he have to perform wudu'? . He said:
Is it not a piece of you?! هل هو إلا بَضعة منك ؟!
Sahih Ibn Hibban 8:85
. So, combining the first hadith:
He who touches his penis should perform ablution. مَن مَسَّ ذكره فليتوضأ
Sunan Abi Dawud 181Sahih (Al-Albani)
, with this other hadith, we understand from combining them that the touching that invalidates wudu' is when it is with desire, because the Prophet (peace and blessings be upon him) in the second hadith denied the questioner that wudu' is required from touching the private part if his touching it is like touching a piece of his body. And one of the Companions of the Prophet (peace and blessings be upon him), namely 'Abdullah ibn Mas'ud (may Allah be pleased with him), clarified this meaning, about whom the Prophet (peace and blessings be upon him) said:
Whoever would like to recite the Qur'an fresh as it was revealed, let him recite it according to the recitation of Ibn Umm 'Abd. مَن أحبَّ أن يقرأ القرآن غضًّا طريًّا كما أنزل فليقرَأْه على قراءة ابن أمِّ عبد
Musnad Ahmad 35, 36Hasan (35)
. This Ibn Mas'ud, the son of Umm 'Abd, was asked the same question that came in the hadith of Talq ibn Ali
Does a man who touches his organ have to perform wudu'? الرجل يمسُّ عضوه هل يتوضأ ؟
. He said:
It is the same whether you touched it or touched my nose سواء مسسته أو مسست أنفي
Musannaf Abd al-Razzaq 1:410
It is the same whether you touched it or touched my nose سواء مسسته أو مسست أنفي
Musannaf Abd al-Razzaq 1:410
, as if he is indicating that when a man touches his nose or touches any organ of his body, it is not conceivable that there is desire in this touching. Likewise, if the touching of that organ, which is usually the place of desire, is an ordinary touch not accompanied by desire, there is no difference whether you touched it or touched any place of your body, like the nose, for example. If this is the meaning of the authentic hadith
He who touches his penis should perform ablution. مَن مَسَّ ذكره فليتوضأ
Sunan Abi Dawud 181Sahih (Al-Albani)
, then a fortiori, a fortiori, a fortiori, that the intended meaning of the other hadith, which we said is anomalous, is:
Whoever touches the private part of another, let him perform wudu' مَن مَسَّ ذكر غيره فليتوضأ
.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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