What is the ruling on looking at the 'awrah (part of the body that must be covered) of a Muslim out of dire necessity?
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Abu Ishaq: Well, I asked the day before yesterday about the Muslim doctor who touches the 'awrah (part of the body that must be covered) of women. I said that I mentioned that al-Hafiz Ibn Hajar, in the hadith of Ayyub (peace be upon him) when he bathed naked, and I quoted from him that it is evidence for the permissibility of... Actually, I went back to al-Fath and found that I was mistaken. The correct statement is that al-Hafiz used the hadith of Musa (peace be upon him) when he bathed naked as evidence, and in the hadith, the Children of Israel looked at his 'awrah (part of the body that must be covered). Al-Hafiz said that with this, the argument for the permissibility of looking at 'awrah (parts of the body that must be covered) out of dire necessity is completed. Is this clear from...?
The Shaykh : The same answer, even though the person being answered is different. The same answer; there is no evidence in it, because this is a case that Allah the Exalted decreed for Musa (peace be upon him) to remove the accusation of the Jews from him, because the Jews said about him that he was impure. So Allah Mighty and Majestic decreed this story. But how does this relate to the permissibility of looking? They looked first. If we assume that they were religious and committed to the rulings of the Shari'ah (Islamic sacred law), their looking at Musa while he was running after the stone, shouting "My clothes, stone! My clothes, stone!"—their looking was not an intentional look or a search.
Abu Ishaq: Regarding the permissibility.
The Shaykh : No, and the search is for the intentional, deliberate look. Ah, and this is all if we assume that they were religious. But look at these people who accuse the one who spoke with Allah of something that no person can see unless he is his wife. These people are not assumed to have the piety to not look at a man's 'awrah (part of the body that must be covered). Therefore, there is no evidence in it.
Abu Ishaq: A distant evidence.
The Shaykh : Yes, exactly.
The questioner : ... naked
The Shaykh : This is what we said.
The Shaykh : The same answer, even though the person being answered is different. The same answer; there is no evidence in it, because this is a case that Allah the Exalted decreed for Musa (peace be upon him) to remove the accusation of the Jews from him, because the Jews said about him that he was impure. So Allah Mighty and Majestic decreed this story. But how does this relate to the permissibility of looking? They looked first. If we assume that they were religious and committed to the rulings of the Shari'ah (Islamic sacred law), their looking at Musa while he was running after the stone, shouting "My clothes, stone! My clothes, stone!"—their looking was not an intentional look or a search.
Abu Ishaq: Regarding the permissibility.
The Shaykh : No, and the search is for the intentional, deliberate look. Ah, and this is all if we assume that they were religious. But look at these people who accuse the one who spoke with Allah of something that no person can see unless he is his wife. These people are not assumed to have the piety to not look at a man's 'awrah (part of the body that must be covered). Therefore, there is no evidence in it.
Abu Ishaq: A distant evidence.
The Shaykh : Yes, exactly.
The questioner : ... naked
The Shaykh : This is what we said.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.