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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Does touching a woman invalidate the ablution?

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Q: A question from: Fadhil, a Syrian resident in Kuwait, says: The Shafi'i school, may Allah have mercy on him, holds that touching women invalidates the ablution. Who are these women? And does touching female relatives with whom marriage is prohibited who have not reached puberty invalidate the ablution?

A: There is scholarly disagreement regarding whether touching women invalidates the ablution:
Some said that it invalidates it absolutely, such as al-Shafi'i, may Allah have mercy on him.
And some said that it does not invalidate it absolutely, such as Abu Hanifah, may Allah have mercy on him.
And some said that it invalidates it with desire, meaning: if he touches her with pleasure and desire, it invalidates the ablution. Imam Ahmad, may Allah have mercy on him, held this view.
The correct view in this issue—and it is the one supported by the evidence—is that touching a woman does not invalidate the ablution absolutely, whether with desire or not, provided that nothing comes out of him. This is because the Prophet (peace and blessings be upon him) kissed some of his wives and then prayed without performing ablution. Also, the original state is the purity of the ritual state and the innocence of the conscience from another ablution, so ablution is not obligatory except by sound evidence that has no contradiction. Furthermore, women are present in every home generally, and the need to touch them is common for their husbands and other male relatives with whom marriage is prohibited. If touching had invalidated the ablution, the Prophet (peace and blessings be upon him) would have clarified it clearly. As for the saying of Allah the Exalted:
or you have contacted womenأَوْ لامَسْتُمُ النِّسَاءَ
[Surat al-Ma'idah: 6], and in another reading:
or you have touched womenأَوْ لمَسْتُمُ النِّسَاءَ
, the intended meaning is intercourse. Allah used this as a euphemism for intercourse, just as Allah the Exalted used "touching" as a euphemism for it in another verse. This is what Ibn Abbas (may Allah be pleased with him) and a group of scholars said, and it is the correct view.
Source binbaz.org.sa

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

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