Ruling on a woman touching a man after ablution during tawaf
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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 was not his mahram. Does his tawaf become invalid and he must start it again by analogy to ablution, or does it not?
Answer:
A person touching a woman’s body while performing tawaf, or in a crowd anywhere, does not harm his tawaf and does not harm his ablution according to the most correct of the scholars’ opinions. People have differed on whether touching a woman invalidates ablution, with several opinions: it was said that it does not invalidate it absolutely; it was said that it invalidates it absolutely; and it was said that it invalidates it if accompanied by desire. The most probable of these opinions, and the correct one, is that it does not invalidate ablution absolutely, and that if a man touches a woman or kisses her, his ablution 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 ablution, and because the original state is the soundness of ablution and the soundness of purity.
Therefore, it is not permissible to say that it is invalidated by anything except by an established proof indicating that touching a woman invalidates ablution absolutely. As for the saying of Allah the Exalted: [Al-Ma'idah: 6], the correct interpretation is that it refers to sexual intercourse. Likewise, the other reading: , refers to sexual intercourse, as stated by Ibn Abbas and a group of scholars. It does not refer to 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 and a group of scholars. By this, it is known that if a man’s body touches a woman’s body during tawaf, his tawaf is valid. Likewise, his ablution is valid even if he touches his wife or kisses her, as long as nothing comes out of him.
A man was performing the tawaf of ifadah in a severe crowd and touched the body of a woman who was not his mahram. Does his tawaf become invalid and he must start it again by analogy to ablution, or does it not?
Answer:
A person touching a woman’s body while performing tawaf, or in a crowd anywhere, does not harm his tawaf and does not harm his ablution according to the most correct of the scholars’ opinions. People have differed on whether touching a woman invalidates ablution, with several opinions: it was said that it does not invalidate it absolutely; it was said that it invalidates it absolutely; and it was said that it invalidates it if accompanied by desire. The most probable of these opinions, and the correct one, is that it does not invalidate ablution absolutely, and that if a man touches a woman or kisses her, his ablution 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 ablution, and because the original state is the soundness of ablution and the soundness of purity.
Therefore, it is not permissible to say that it is invalidated by anything except by an established proof indicating that touching a woman invalidates ablution absolutely. As for the saying of Allah the Exalted:
or you have contacted women
أَوْ لَامَسْتُمُ النِّسَاءَor you have touched women
أَوْ لَمَسْتُمُ النِّسَاءَ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.