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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Clarifying the error in Ibn 'Umar's statement regarding the obligation of ablution for one who touches or kisses his wife.

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The Shaykh : And so, we leave the athar of Ibn 'Umar and the statement of Ibn 'Umar to him; because he said: "Ablution is obligatory from kissing," while other great Companions, such as Ibn 'Abbas and others, also said: "There is no ablution required for kissing or for touching." This position is supported by the hadith of 'Aishah, whereas there is nothing to support the statement of Ibn 'Umar. Therefore, the stronger position in this issue is what Abu Hanifah (may Allah have mercy on him) held, which is that kissing, whether with desire or without desire, does not invalidate the ablution. The only exception is a case that has no relation to the hadith: if something comes out of him, whether he touched or kissed and his desire was aroused, and either pre-seminal fluid or semen came out of him. In that case, each has its own ruling, and it has no relation at that time to the touching or the kissing. So, touching or kissing does not invalidate the ablution as mere touching or kissing. However, if anything comes out of him, even if he merely looked and touched and something came out of him, then that thing is what invalidated the ablution.
This.

The questioner : The ablution.

The Shaykh : Invalidated the ablution.
This is the summary of what concerns the relationship between the hadith of 'Aishah and the statement of Ibn 'Umar. The hadith of 'Aishah is not contradicted by the statement of Ibn 'Umar, because the statement of Ibn 'Umar is not a legislation, unlike the action of the Messenger of Allah (peace and blessings be upon him) which is reported in the hadith of 'Aishah.
Source www.al-albany.com

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

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