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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on the tawaf of one who touched a non-mahram woman

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Question: A man was performing the tawaf of ifadah in a severe crowd and touched the body of a woman who is not a mahram to him. Does his tawaf become invalid and he must start it anew, by analogy to wudu, or does it not?

Answer: A person touching a woman's body while performing tawaf, or in a crowd in any place, does not harm his tawaf, nor does it harm his wudu, according to the most correct of the scholars' opinions. People have disagreed on whether touching a woman invalidates wudu, with several opinions:
It was said: It does not invalidate it absolutely.
It was said: It invalidates it absolutely.
It was said: It invalidates it if accompanied by desire.
The strongest of these opinions, and the correct one, is that it does not invalidate wudu absolutely, and that if a man touches a woman or kisses her, his wudu is not invalidated according to the most correct of the opinions. This is because the Messenger of Allah (peace and blessings be upon him) kissed some of his wives and then prayed without performing wudu. Also, the original state is the validity of wudu and the validity of purity, so it is not permissible to say that it is invalidated by something unless there is a standing proof with no contradiction. Here, there is no standing proof indicating that wudu is invalidated by touching a woman absolutely. As for the saying of Allah the Exalted:
or you have contacted womenأَوْ لاَمَسْتُمُ النِّسَاء
[Al-Ma'idah: 6], the correct interpretation is that it refers to sexual intercourse. Likewise, the other reading
or you have touched womenأَوْ لَمَسْتُمُ النِّسَاء
refers to sexual intercourse, as said by Ibn Abbas and a group of scholars. It is not intended to mean merely touching a woman, as is narrated from Ibn Mas'ud (may Allah be pleased with him). Rather, the correct view is that it refers to sexual intercourse, as stated by Ibn Abbas (may Allah be pleased with him) and a group of scholars.
By this, it is known that the one whose body touched a woman's body during tawaf has a valid tawaf, and likewise his wudu. If he touches his wife or kisses her, his wudu remains valid as long as nothing comes out of him. However, he is not permitted to touch the body of a woman who is not a mahram to him intentionally.
Source binbaz.org.sa

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

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