Then we begin with the reading for tonight: He said: "And from Aisha (may Allah be pleased with her): that the Prophet (peace and blessings be upon him) kissed some of his wives

The Shaykh : Then we begin with the reading for tonight:
He said: "And from Aisha (may Allah be pleased with her):

The Prophet (ﷺ) kissed one of his wives and went to pray without performing (fresh) ablution.

أن النبي صلى الله عليه وسلم قَبَّل بعض نسائه ، ثم خرج إلى الصلاة ولم يتوضأ

Bulugh al-Maram 70

Ahmad narrated it, and al-Bukhari deemed it weak":
Aisha is one of the Mothers of the Believers (may Allah be pleased with them), and she is the one the Prophet (peace and blessings be upon him) married as a virgin, and she is the most beloved of women to him, as he was asked: .
And she (may Allah be pleased with her) mentioned here that the Prophet (peace and blessings be upon him) kissed some of his wives, so who is this "some"?
It is likely her, but she referred to it as "some" out of modesty or other reasons. And her saying: means his wives, as Allah the Exalted said: .
: And it is known that the majority of a man's kissing of his wife, especially if he loves her, is for desire.
: Ahmad narrated it, but al-Bukhari (may Allah have mercy on him) deemed it weak, but the author (may Allah have mercy on him) brought this hadith to argue that touching a woman and kissing a woman does not invalidate the ablution, and the truth is that there is no need to bring evidence for that, because the original state is that it does not invalidate, so there is no need to bring evidence that it does not invalidate, since whoever claims that touching a woman for desire, or by kissing, or otherwise, invalidates the ablution, it is upon him to provide evidence, because the original state is that what was is remains as it was, and this opinion, namely: that touching a woman with desire does not invalidate the ablution, is the stronger position to which the evidence does not point to anything else.
And some scholars said: that touching a woman absolutely invalidates the ablution, whether it is for desire or not for desire.
And some scholars took a middle position and said: if it is for desire, it invalidates the ablution, and if it is not for desire, it does not invalidate the ablution.
And I think there is an opinion that if he touches one who is lawful for him, his ablution is not invalidated, and if he touches one who is unlawful for him, his ablution is invalidated, and perhaps the one who said this opinion considered that touching one who is not lawful for him is forbidden, so he should perform ablution, because if the ablution is as the Prophet (peace and blessings be upon him and his family) performed it, then the person is forgiven for what preceded of his sins.
So if someone says: what is the evidence of the one who said: it does not invalidate the ablution?
The answer is: that his evidence is the absence of evidence, because the original state is the continuation of the ablution where it was completed in a lawful manner, so it cannot be invalidated except by a legal evidence, and at that time, the evidence of these people is the original state of continuation on the original state, and the absence of evidence for invalidation.
As for the evidence of the one who said: that it invalidates the ablution absolutely: they argued with the saying of Allah the Exalted: in the verse of ablution, and in a reading: , and the original meaning of touching is with the hand, and the verse does not have a condition: that it be with desire, so it indicates that touching a woman absolutely invalidates the ablution.
And as for the one who said: that it does not invalidate except with desire, he argued with the verse, except that he said: that interpreting the verse with a meaning suitable for invalidation is better than saying it is absolute, and the meaning suitable for invalidation is desire, because touching her for desire is a place where a state of impurity may occur, either emission or pre-seminal fluid, so the ruling was attached to what is a place where a state of impurity may occur, which is desire.
But the correct opinion, as I am saying now: is that it does not invalidate the ablution absolutely, even for desire, unless something comes out of him.
And as for the answer to the noble verse: that the touching or contact in it means intercourse without doubt, and Abdullah ibn Abbas (may Allah be pleased with them both) interpreted it this way, the interpreter of the Qur'an, for whom the Prophet (peace and blessings be upon him and his family) prayed that Allah would teach him interpretation and make him understand the religion.
And it indicates that this is the necessary meaning: the division in the verse, so Allah the Mighty and Majestic mentioned two purifications and two causes for purification:
So the two purifications are: water and earth.
And the causes for purification are: the minor state of impurity, and the major state of impurity, is that not so?
The student: Yes.

The Shaykh : Good, this is water purification for the minor state of impurity.
this is water purification for the major state of impurity.
: And if you are ill or on a journey, then perform dry ablution, but his saying: the "or" here means "and", meaning and one of you came from the toilet, or you touched women.
One of you came from the toilet: this is a cause for the minor purification.
: this is a cause for the major purification.
If we said: you touched women means the ablution is invalidated by touching a woman, then what was mentioned in the verse would be one cause repeated, and another cause would be omitted from it, which must be mentioned so that the verse indicates the minor and major state of impurity.
Then we say, another piece of evidence: Allah the Exalted refers to intercourse as "touching," as He Blessed and Exalted is He said: . And He said: meaning: you have intercourse with them. So it becomes clear by this that what is meant by "touching" is what?
Intercourse.
We mentioned that his saying: means "and came", so is there a witness indicating that "or" comes to mean "and"?
The answer: yes, and among it is the saying of the Prophet (peace and blessings be upon him): : so his saying: means: and I revealed it in your book, because what Allah named Himself with is either revealed in the book, or Allah taught one of His creation about it through revelation so it was established by the Sunnah, or He kept it in the knowledge of the unseen with Him.
So it becomes clear by this that "or" comes to mean "and" in the Arabic language.
And upon this, we say: if a man kisses his wife and he is in a state of ablution for desire, even if his penis is erect, his ablution is not invalidated unless he emits pre-seminal fluid or other, so it is invalidated by the state of impurity, not by the touching, this is the stronger position in this issue.