Is it permissible to touch the mushaf without wudu'?
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The Shaykh : The second issue is touching the mushaf without wudu'. There is nothing clearer regarding touching the mushaf without wudu' than the well-known mursal hadith of 'Amr ibn Hazm, which was accepted by the scholars, that the Prophet (peace and blessings be upon him) wrote that the Qur'an should not be touched except by one who is in a state of purity. The one who is in a state of purity is the one who has purified himself from hadath and najasah. It is not the believer, because it has not been established, neither in the Qur'an nor in the Sunnah, that the believer is described as "the pure one" (al-tahir); rather, he is described as "the pious" (taqi) and the like. The evidence that the pure one is the one who has purified himself from hadath and impurity is the saying of Allah, Blessed and Exalted is He: [Al-Ma'idah 5:6].
Based on this, we say that the stronger position is the view of the majority of scholars that the Qur'an should not be touched except by one who is in a state of purity, free from both minor and major hadath and from impurity. Therefore, one should not come into direct contact with the Qur'an with anything impure. This is the stronger position. However, if it is permissible for a menstruating woman to read the Qur'an out of need for it, she should place a barrier on her hand that prevents touching the mushaf, and then she may read. As for the evidence cited from the saying of the Messenger (peace and blessings be upon him) to 'A'ishah:Muwatta Malik 20:236, here he says "do it" (af'ali), and the action (fi'l) is different from the saying (qawl). He did not say "work" (a'mali), because work encompasses both speech and action, whereas action is specific to the deeds of the limbs, excluding the speech of the tongue. This is one point.
Second, we say that it is not prescribed for the pilgrim to read the Qur'an. Reading the Qur'an is the same for the pilgrim and for others. If that is the case, then we say that this hadith does not indicate that reading the Qur'an is included in this general ruling by this hadith, so there is no evidence for it in this hadith.
Allah does not intend to make difficulty for you, but He intends to purify you
ما يُريدُ اللَّهُ لِيَجعَلَ عَلَيكُم مِن حَرَجٍ وَلكِن يُريدُ لِيُطَهِّرَكُمBased on this, we say that the stronger position is the view of the majority of scholars that the Qur'an should not be touched except by one who is in a state of purity, free from both minor and major hadath and from impurity. Therefore, one should not come into direct contact with the Qur'an with anything impure. This is the stronger position. However, if it is permissible for a menstruating woman to read the Qur'an out of need for it, she should place a barrier on her hand that prevents touching the mushaf, and then she may read. As for the evidence cited from the saying of the Messenger (peace and blessings be upon him) to 'A'ishah:
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha said, "I came to Makka at the time of my period so I did not do tawaf of the House or go between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do what the people doing hajj do except do not do tawaf of the House and go between Safa and Marwa until you are pure.' " Malik said, concerning a woman who entered ihram for umra at the time of hajj, and she arrived in Makka during her period and so could not do tawaf of the House, "When she fears that the time (for hajj) is getting close, she gets into ihram for the hajj and sacrifices an animal. She is like someone who combines the hajj and the umra. One tawaf is enough for her. If a women starts her period after she has already done tawaf of the House and prayed, she does say between Safa and Marwa and stops at Arafa and Muzdalifa and stones the jamras but she does not do the tawaf al-ifada until she is pure and has finished her menses."
افعلي ما يفعل الحاج غير أن لا تطوفي بالبيتSecond, we say that it is not prescribed for the pilgrim to read the Qur'an. Reading the Qur'an is the same for the pilgrim and for others. If that is the case, then we say that this hadith does not indicate that reading the Qur'an is included in this general ruling by this hadith, so there is no evidence for it in this hadith.