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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Does touching women invalidate or break the wudu, or not?

Machine translationRead the Arabic original
The questioner : He asks: Does touching women invalidate or break the wudu, or not?

The Shaykh : We say in answer: The scholars differed on this issue with three opinions. Some said: Touching a woman does not invalidate the wudu in any case. Some said: Touching her invalidates the wudu in any case. And some took a middle position and said: Touching her with desire invalidates the wudu, while touching her without desire does not invalidate the wudu.
The correct opinion among these is that touching a woman does not invalidate the wudu in any case, even with desire. However, with desire, it is recommended to perform wudu because of the stirring of desire.

The questioner : Yes.

The Shaykh : Unless something comes out of him, such as madhi, in which case he must wash his penis and his two private parts and perform wudu for prayer, meaning his wudu is invalidated. But without anything coming out, it is not invalidated. This is because the original state is the purity of the conscience, and no hadith has come from the Prophet (peace and blessings be upon him) indicating that touching a woman invalidates the wudu. Rather, it is narrated from him (peace and blessings be upon him)
That he kissed some of his wives and went out to prayer without performing wudu أنه قبل بعض نسائه وخرج إلى الصلاة ولم يتوضأ
And although some weaken this hadith, the original state is that there is no invalidation.
As for the saying of Allah the Exalted:
or one of you comes from the place of relieving himself or you have contacted women and find no water أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ أَوْ لامَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً
[An-Nisa 4:43]
to the end, the meaning of "touching" here is intercourse, as Ibn Abbas (may Allah be pleased with him and his father) interpreted it. This is also the implication of the context of the Noble Qur'an, because His saying:
or one of you comes from the place of relieving himself أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ
[An-Nisa 4:43]
is a reference to one of the causes of wudu, and
or you have contacted women أَوْ لامَسْتُمُ النِّسَاءَ
[An-Nisa 4:43]
is a reference to one of the causes of ghusl.

The questioner : Yes.

The Shaykh : Thus, the verse indicates the causes of the causes of wudu and the cause of ghusl. If we said that the meaning of "touching" is touching, the verse would indicate two causes of wudu and be silent about the causes of ghusl. This would be a deficiency in the indication of the Qur'an. Therefore, we say: Interpreting it as intercourse, as Ibn Abbas interpreted it, is the implication of the eloquence, conciseness, and indication of the Qur'an.

The questioner : Yes.

The Shaykh : Therefore, the verse mentions the causes of purity, the minor purity and the major purity. Just as He (Glorified and Exalted is He) mentioned the minor and major purities, and the original and alternative purities, He mentioned wudu and ghusl, and the original purity with water, and the alternative purity with tayammum. He also mentioned the causes of the two purities, the minor and the major. This is the implication of the eloquence and detail in the Qur'an.

The questioner : Yes.

The Shaykh : Therefore, we say: If a man kisses his wife, even with desire, or embraces her, even with desire, or touches her, even with desire, without intercourse, his wudu is not invalidated unless something comes out. Likewise, her wudu is not invalidated. But if intercourse occurs, even without ejaculation, ghusl becomes obligatory for both of them, based on the hadith of Abu Hurayrah:
If one lies on his wife and compresses her, washing is necessary, even if he does not insert his penis. إذا جلس بين شعبها الأربع ثم جهدها فقد وجب الغسل وإن لم يُنزل
Mishkat al-Masabih 430
Yes.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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