Review and discussion under the hadith (that the Prophet (peace and blessings be upon him) touched some...)
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds. May Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.
Why did the author bring the hadith of Aisha?
The student: To clarify that touching a woman does not invalidate the ablution.
The Shaykh : Yes, exactly. And does the matter require that? So why?
The student: Because the original state is the continuation of purity.
The Shaykh : What?
The student: Because the original state is the continuation of purity.
The Shaykh : Because the original state is the continuation of purity and the absence of invalidation, but there is no harm in bringing what supports this original state.
So, what is the ruling on touching a woman? Does it invalidate the ablution or not?
The student: It does not invalidate the ablution.
The Shaykh : Huh?
The student: It does not invalidate the ablution.
The Shaykh : It does not invalidate the ablution. If an arguer cited the saying of Allah the Exalted:[An-Nisa 4:43] and said: This indicates that touching a woman invalidates the ablution?
The student: This is intercourse.
The Shaykh : I say: If he argued, do we agree with him and say that it invalidates the ablution, or do we not agree with him? The student: We do not agree with him.
The Shaykh : We do not agree with him. So why?
The student: We say: Because Ibn Abbas (may Allah be pleased with him).
The Shaykh : Because it is authentically reported from Ibn Abbas.
The student: That he interpreted it as intercourse.
The Shaykh : What?
The student: That he interpreted the verse as intercourse.
The Shaykh : He interpreted the verse as being intercourse. Exactly, meaning the expression of the Qur'an using "touching" or "contact" for intercourse is valid.
So, for example—Ali Nur—what is the example of the Qur'an's expression using "contact" for intercourse?
The student:[Al-Ahzab 33:49].
The Shaykh :[Al-Ahzab 33:49] .
The student:[Al-Ahzab 33:49] .
The Shaykh : The point?
The student:[Al-Baqarah 2:237].
The Shaykh :[Al-Baqarah 2:237] .
So, is there anything in the noble verse that supports Ibn Abbas's interpretation?
The student: Yes.
The Shaykh : Yes, what is it?
The student: That the verse mentioned the two states of impurity, mentioning the major state of impurity and the minor state of impurity. The minor is in His saying:[An-Nisa 4:43] and the major is: [An-Nisa 4:43] And if it were said that contact is touching, then only the minor state of impurity would be mentioned.
The Shaykh : Even though it mentions the purification from the minor and major states of impurity. Did you hear what he said? Did you hear what he said, or did you understand what he said?
Tell us the truth, everyone. Who is the one who is farthest away? Did you hear?
The student: Yes.
The Shaykh : So you understood. Good. The noble verse, in which Allah the Exalted mentioned two types of purity: purity with water and purity with dry ablution, and two types of causes for purity: the minor state of impurity and the major state of impurity.
So if we interpret His saying:[An-Nisa 4:43] as meaning contact with the hand, it would necessitate repeating the causes for minor purity, and neglecting the causes for major purity, even though major purity is mentioned in the same verse. So how can he mention what removes major purity, and then there is no cause for major purity?
And this is clear to anyone who reflects on it completely, and that it is necessary to interpret the verse as what? As intercourse. Yes.
So, in the hadith of Abu Hurayrah, the scholars mentioned that it is a fundamental principle in many issues of knowledge?
The student: First: Certainty is not removed by doubt.
The Shaykh : Certainty is not removed by doubt, meaning the certain thing cannot be removed by doubt. This is one. Now, Yahya Fuhd?
The student: That the original state is the continuation of what was.
The Shaykh : That the original state is the continuation of what was. Good?
The student: That certainty is not removed except by certainty.
The Shaykh : What?
The student: That certainty is not removed except by certainty.
The Shaykh : That certainty is not removed except by a certainty like it.
So, if a person doubts the invalidation of the ablution due to conflicting evidence, how can we know the ruling from this hadith?
The student: The original state is the non-invalidation of the ablution.
The Shaykh : That conflicting evidence leads to doubt, and doubt is discarded in the presence of certainty. And based on this, if the scholars (may Allah have mercy on them) differ on whether this is an invalidator of the ablution or not, with the evidence being equal, we rule that it is not an invalidator, because the continuation of purity is the original state, so we do not deviate from it. And this benefits you, as we mentioned in its explanation, in all chapters of jurisprudence: acts of worship, transactions, marriages, even in inheritance, in all chapters of jurisprudence. So it is a great, established principle.
His saying (peace and blessings be upon him):Sunan Abi Dawud 176Sahih (Al-Albani) If the man does not smell or hear, and he doubts whether something came out of him or not?
The student: He builds on the preponderance of probability.
The Shaykh : How is the preponderance of probability? The hadith is:Sunan Abi Dawud 176Sahih (Al-Albani) This one does not hear or smell?
The student: It is necessary for this.
The Shaykh : It is necessary for what?
The student: That he acts on the preponderance of probability.
The Shaykh : By Allah, he says that he doubted while he does not hear or smell. Does he perform an operation on his ears and nose?
The student: No...
The Shaykh : No, Shaykh, what is this? What do you say, Abdullah ibn Awadh?
The student: Yes?
The Shaykh : What do you say?
The student: We say that the original state, meaning the continuation, the original state is the continuation of the ablution.
The Shaykh : Yes, it seems you are sleepy today. Tell me the truth, good.
The student: This is only an example struck by the Prophet (peace and blessings be upon him).
The Shaykh : Yes.
The student: This is as an example if he finds wind, the meaning is until he is certain.
The Shaykh : Well done. Exactly. We say: The Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 176Sahih (Al-Albani) by way of example, meaning until he is certain. And it is known that perception by the senses necessitates certainty. Good.
Why did the author bring the hadith of Aisha?
The student: To clarify that touching a woman does not invalidate the ablution.
The Shaykh : Yes, exactly. And does the matter require that? So why?
The student: Because the original state is the continuation of purity.
The Shaykh : What?
The student: Because the original state is the continuation of purity.
The Shaykh : Because the original state is the continuation of purity and the absence of invalidation, but there is no harm in bringing what supports this original state.
So, what is the ruling on touching a woman? Does it invalidate the ablution or not?
The student: It does not invalidate the ablution.
The Shaykh : Huh?
The student: It does not invalidate the ablution.
The Shaykh : It does not invalidate the ablution. If an arguer cited the saying of Allah the Exalted:
or you have contacted women and find no water, then seek clean earth
أو لمستم النساء فلم تجدوا ماء فتيممواThe student: This is intercourse.
The Shaykh : I say: If he argued, do we agree with him and say that it invalidates the ablution, or do we not agree with him? The student: We do not agree with him.
The Shaykh : We do not agree with him. So why?
The student: We say: Because Ibn Abbas (may Allah be pleased with him).
The Shaykh : Because it is authentically reported from Ibn Abbas.
The student: That he interpreted it as intercourse.
The Shaykh : What?
The student: That he interpreted the verse as intercourse.
The Shaykh : He interpreted the verse as being intercourse. Exactly, meaning the expression of the Qur'an using "touching" or "contact" for intercourse is valid.
So, for example—Ali Nur—what is the example of the Qur'an's expression using "contact" for intercourse?
The student:
O You who have believed, when you marry believing women and then divorce them
يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهنThe Shaykh :
O You who have believed, when you marry believing women and then divorce them
يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهنThe student:
and then divorce them before you have touched them
ثم طلقتموهن من قبل أن تمسوهنThe Shaykh : The point?
The student:
before you have touched them
من قبل أن تمسوهنThe Shaykh :
before you have touched them
من قبل أن تمسوهنSo, is there anything in the noble verse that supports Ibn Abbas's interpretation?
The student: Yes.
The Shaykh : Yes, what is it?
The student: That the verse mentioned the two states of impurity, mentioning the major state of impurity and the minor state of impurity. The minor is in His saying:
or one of you comes from the place of relieving himself
أو جاء أحد منكم من الغائطor you have contacted women
أو لامستم النساءThe Shaykh : Even though it mentions the purification from the minor and major states of impurity. Did you hear what he said? Did you hear what he said, or did you understand what he said?
Tell us the truth, everyone. Who is the one who is farthest away? Did you hear?
The student: Yes.
The Shaykh : So you understood. Good. The noble verse, in which Allah the Exalted mentioned two types of purity: purity with water and purity with dry ablution, and two types of causes for purity: the minor state of impurity and the major state of impurity.
So if we interpret His saying:
or you have contacted women
أو لامستم النساءAnd this is clear to anyone who reflects on it completely, and that it is necessary to interpret the verse
or you have touched
أو لامستمSo, in the hadith of Abu Hurayrah, the scholars mentioned that it is a fundamental principle in many issues of knowledge?
The student: First: Certainty is not removed by doubt.
The Shaykh : Certainty is not removed by doubt, meaning the certain thing cannot be removed by doubt. This is one. Now, Yahya Fuhd?
The student: That the original state is the continuation of what was.
The Shaykh : That the original state is the continuation of what was. Good?
The student: That certainty is not removed except by certainty.
The Shaykh : What?
The student: That certainty is not removed except by certainty.
The Shaykh : That certainty is not removed except by a certainty like it.
So, if a person doubts the invalidation of the ablution due to conflicting evidence, how can we know the ruling from this hadith?
The student: The original state is the non-invalidation of the ablution.
The Shaykh : That conflicting evidence leads to doubt, and doubt is discarded in the presence of certainty. And based on this, if the scholars (may Allah have mercy on them) differ on whether this is an invalidator of the ablution or not, with the evidence being equal, we rule that it is not an invalidator, because the continuation of purity is the original state, so we do not deviate from it. And this benefits you, as we mentioned in its explanation, in all chapters of jurisprudence: acts of worship, transactions, marriages, even in inheritance, in all chapters of jurisprudence. So it is a great, established principle.
His saying (peace and blessings be upon him):
he hears a sound or perceives a smell (of passing wind)
حتى يسمع صوتا أو يجد ريحاThe student: He builds on the preponderance of probability.
The Shaykh : How is the preponderance of probability? The hadith is:
he hears a sound or perceives a smell (of passing wind)
حتى يسمع صوتا أو يجد ريحاThe student: It is necessary for this.
The Shaykh : It is necessary for what?
The student: That he acts on the preponderance of probability.
The Shaykh : By Allah, he says that he doubted while he does not hear or smell. Does he perform an operation on his ears and nose?
The student: No...
The Shaykh : No, Shaykh, what is this? What do you say, Abdullah ibn Awadh?
The student: Yes?
The Shaykh : What do you say?
The student: We say that the original state, meaning the continuation, the original state is the continuation of the ablution.
The Shaykh : Yes, it seems you are sleepy today. Tell me the truth, good.
The student: This is only an example struck by the Prophet (peace and blessings be upon him).
The Shaykh : Yes.
The student: This is as an example if he finds wind, the meaning is until he is certain.
The Shaykh : Well done. Exactly. We say: The Prophet (peace and blessings be upon him) said: