Touching the private parts with desire invalidates the ablution
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The Shaykh : All right, let us look at touching the private parts. There is a difference of opinion regarding touching the private parts, just as there is a difference of opinion regarding the meat of camels and regarding sleep. However, some scholars say that touching the private parts invalidates the ablution. If a person touches his own private part or the private part of another person, his ablution is invalidated.
The student: ... .
The Shaykh : Is there such a thing as touching with a barrier in between? There is no touching with a barrier. If you touch a person's garment, it is not said that you touched him; it is said that you touched his garment. So what is the need to say he touches without a barrier? There is no touching except without a barrier. All right, touching the private parts, whether it is the front or the back, of a person or of another, what is the evidence? The evidence is the saying of the Messenger of Allah (peace and blessings be upon him):Sunan Abi Dawud 181Sahih (Al-Albani) And in the hadith of Abu Hurayrah: Sunan Ibn Majah 481Hasan (Darussalam) The original ruling regarding a command is that it is obligatory, unless there is an indication that prevents the obligation.
And some scholars said: The ablution is not invalidated if a person touches his private part, based on the hadith of Talq ibn 'Ali that the Prophet (peace and blessings be upon him) was asked about a man who touches his penis during prayer: Does he have to perform ablution? He said:Bulugh al-Maram 72 The meaning of "a part" is a portion. So here there is a ruling and the reasoning for the ruling. What is the ruling? Where did you go? All right, what is the ruling?
The student: ... .
The Shaykh : The negation of the obligation of ablution. The reasoning is only that it is a part of you. Is it possible for this cause to be removed? No, it is not possible. It is always a part, always an organ of the human body. If a ruling is reasoned with a cause that cannot be removed, that means the ruling cannot be removed, because it is tied to a cause that does not cease. If the ruling does not cease, the ruling revolves with its cause in existence and non-existence. They said this is evidence that the ablution is not invalidated, because the Messenger of Allah (peace and blessings be upon him) reasoned with a cause that cannot be removed. If the cause cannot be removed, the ruling cannot be removed. Some scholars distinguished and said: If he touches it for desire, his ablution is invalidated, and if he touches it for other than desire, his ablution is not invalidated.
They said: The aspect of this is that the Messenger of Allah (peace and blessings be upon him) reasoned the non-obligation of ablution by saying that the penis is a part of the human being. If he touches it as he touches the rest of his body, then there is no ablution required of him. It is known that if a person touches the rest of his body, he does not take pleasure in it. But if he touches it in a way that gives him pleasure, then his touching it differs from touching the other organs, because he touched it with desire. In that case, ablution is obligatory because it differs from the other organs. The Messenger of Allah (peace and blessings be upon him) reasoned the non-obligation of ablution by saying that it is a part of the human being. If you touch it as you touch a part of your body, such as washing it or scratching it or the like, then that does not invalidate the ablution. But if you touch it for desire, the ablution is invalidated. This opinion is very good. It is said that if he touches it for desire, what happens? The ablution is invalidated. And for other than desire, it is not obligatory. Nevertheless, we like for him to perform ablution to get out of the difference of opinion. Yes.
All right, and what remains after these four? Yes, that is right.
The student: ... .
The Shaykh : Is there such a thing as touching with a barrier in between? There is no touching with a barrier. If you touch a person's garment, it is not said that you touched him; it is said that you touched his garment. So what is the need to say he touches without a barrier? There is no touching except without a barrier. All right, touching the private parts, whether it is the front or the back, of a person or of another, what is the evidence? The evidence is the saying of the Messenger of Allah (peace and blessings be upon him):
He who touches his penis should perform ablution.
من مس ذكره فليتوضأIt was narrated that Umm Habibah said: "I heard the Messenger of Allah say: 'Whoever touches his sexual organ then let him perform ablution."
من مس فرجه فليتوضأAnd some scholars said: The ablution is not invalidated if a person touches his private part, based on the hadith of Talq ibn 'Ali that the Prophet (peace and blessings be upon him) was asked about a man who touches his penis during prayer: Does he have to perform ablution? He said:
No, it is only a part of your body
لا إنما هو بضعة منكThe student: ... .
The Shaykh : The negation of the obligation of ablution. The reasoning is only that it is a part of you. Is it possible for this cause to be removed? No, it is not possible. It is always a part, always an organ of the human body. If a ruling is reasoned with a cause that cannot be removed, that means the ruling cannot be removed, because it is tied to a cause that does not cease. If the ruling does not cease, the ruling revolves with its cause in existence and non-existence. They said this is evidence that the ablution is not invalidated, because the Messenger of Allah (peace and blessings be upon him) reasoned with a cause that cannot be removed. If the cause cannot be removed, the ruling cannot be removed. Some scholars distinguished and said: If he touches it for desire, his ablution is invalidated, and if he touches it for other than desire, his ablution is not invalidated.
They said: The aspect of this is that the Messenger of Allah (peace and blessings be upon him) reasoned the non-obligation of ablution by saying that the penis is a part of the human being. If he touches it as he touches the rest of his body, then there is no ablution required of him. It is known that if a person touches the rest of his body, he does not take pleasure in it. But if he touches it in a way that gives him pleasure, then his touching it differs from touching the other organs, because he touched it with desire. In that case, ablution is obligatory because it differs from the other organs. The Messenger of Allah (peace and blessings be upon him) reasoned the non-obligation of ablution by saying that it is a part of the human being. If you touch it as you touch a part of your body, such as washing it or scratching it or the like, then that does not invalidate the ablution. But if you touch it for desire, the ablution is invalidated. This opinion is very good. It is said that if he touches it for desire, what happens? The ablution is invalidated. And for other than desire, it is not obligatory. Nevertheless, we like for him to perform ablution to get out of the difference of opinion. Yes.
All right, and what remains after these four? Yes, that is right.