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

A recorded question from Muhammad al-Bakri of the Democratic Republic of Yemen. He says: A man performed wudu' following the school of Imam al-Shafi'i (may Allah have mercy on him), then he touched a non-mahram woman and said: "I followed the school of Imam Malik," and he prayed. Is his prayer valid with this mixing of the two schools, or not?
Answer: It is not befitting for a believer to conduct his affairs in this manner through taqlid (following a scholar without knowing his evidence). Rather, he should ask the people of knowledge, or seek to understand the fiqh (Islamic jurisprudence) if he has the capacity for it, and look into the evidence from the Shari'ah so that he acts based on evidence rather than mere opinions. He should not follow his desire in one issue and his desire in another, following this scholar at one time and that scholar at another. This is not the way of the people of knowledge, nor the way of those who are scrupulous and exert themselves in the religion. It is obligatory for the student of knowledge to pay attention to the evidence and to act upon what is established by evidence. If he is incapable of doing so, he should look into the statements of the scholars and take what he sees as closest to the truth among their opinions, seeking the truth in that. The correct view in this issue is that touching a woman does not invalidate the wudu'. This is the correct view because the Prophet (peace and blessings be upon him) sometimes kissed some of his wives and then prayed without performing wudu'. Also, the original state is that purity is valid and intact, so it is not permissible to claim its invalidity except with evidence. There is no clear evidence supporting the one who says that touching a woman invalidates wudu' absolutely, whether with desire or without desire. This is the correct view and the stronger position in terms of evidence. The scholars have three opinions on this:
Some said: Touching her invalidates it absolutely.
And some said: It does not invalidate it absolutely.
And some said: It invalidates it with desire, but does not invalidate it if it is without desire.
The stronger opinion is the one that says: It does not invalidate it absolutely, due to the lack of evidence for invalidation. As for His saying (Exalted and Majestic is He): [al-Nisa: 43], and in a reading , Ibn 'Abbas interpreted this as intercourse, and that is the correct interpretation. The intended meaning is intercourse, not touching with the hand. The intended meaning is intercourse. So His saying: [al-Ma'idah: 6], this is a reference to the minor state of ritual impurity, and is a reference to the major state of ritual impurity, which is janabah. So He referred to this with what corresponds to it, which is touching, and referred to the minor state of ritual impurity: .
So the conclusion is that the correct view in this issue is with those who said: Touching a woman does not invalidate the wudu' absolutely. Yes.
And the Prophet (peace and blessings be upon him), as mentioned earlier, kissed some of his wives and then prayed without performing wudu'. May Allah send blessings and peace upon him. Yes.