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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on the invalidation of wudu' from touching one's wife

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This message is from Ali Salem Mu'min. He says in his message: With great joy and happiness, I write this message, and I offer thanks and gratitude to everyone who contributes to the success of this program. I ask the honorable Shaykh Abd al-Aziz ibn Abdullah ibn Baz to answer this question of mine. He says: If it happens that my hand touches my wife's hand, or vice versa, does this invalidate the wudu' or not?
Answer: Touching a woman, whether intentionally or unintentionally, does not invalidate the wudu' according to the correct view. The scholars have differed on this matter. Some said that touching her invalidates it absolutely. Some said that it does not invalidate it absolutely. Some scholars said that it invalidates it with desire, which is taking pleasure in touching her, and that touching without that does not invalidate it. The correct view is the one that says it does not invalidate it absolutely. This is because it is established from the Messenger of Allah (peace and blessings be upon him):
That he kissed one of his wives and then prayed without performing wudu'أنه قبل بعض نسائه ثم صلى ولم يتوضأ
And because the original state is the purity of the wudu', and it is not invalidated except by evidence. There is no clear, established evidence indicating that it is invalidated by touching a woman. Therefore, the purity must remain as it is and not be invalidated by touching, due to the lack of evidence for that. In fact, there is evidence that touching her does not invalidate it, even if it is with desire; because a kiss generally does not occur except with desire and taking pleasure. So, the result is that the correct and stronger of the scholars' opinions is that touching a woman, with or without desire, does not invalidate the wudu', whether she is his wife or not. This is the correct view. As for the saying of Allah, Glorified and Exalted is He:
or you have contacted womenأَوْ لامَسْتُمُ النِّسَاءَ
[al-Nisa: 43], and in a reading:
Or you have touched womenأو لمستم النساء
, the intended meaning according to the correct view is intercourse. This is the opinion of Ibn Abbas and a group of scholars, and it is the correct one. As for the opinion of those who said that the intended meaning is touching a woman, as is reported from Ibn Mas'ud (may Allah be pleased with him), meaning touching her with the hand, this is the weaker opinion. Allah, Glorified and Exalted is He, expresses intercourse as "touching" (al-masis), "touching" (al-lams), and "intimacy" (al-mubasharah), as in His saying, Glorified and Exalted is He:
And do not have relations with them as long as you are staying for worship in the mosquesوَلا تُبَاشِرُوهُنَّ وَأَنْتُمْ عَاكِفُونَ فِي الْمَسَاجِدِ
[al-Baqarah: 187]. And He said here:
or you have contacted womenأَوْ لامَسْتُمُ النِّسَاءَ
[al-Nisa: 43]. So the intended meaning here is intercourse. Likewise, the reading of those who read:
or you touchأو لمستم
before you have touched themمنْ قَبْلِ أَنْ تَمَسُّوهُنَّ
[al-Ahzab: 49] regarding the divorce of a woman with whom one has not had intercourse; the intended meaning in all of this is intercourse. This is the correct view and the truth, if Allah wills. Yes.
The presenter: But, Your Eminence, some people say that, for example, the kissing of the Messenger (peace and blessings be upon him) cannot be used as an analogy for us; because the Messenger (peace and blessings be upon him) is able to control himself and not fall into what the common people fall into now?
The Shaykh: It is of no value. This opinion is of no value. He is the legislator for us, and he is the model, (peace and blessings be upon him). When he was asked about such a thing, he said:
I am more submissive to Allah and more afraid of Him than youإني أخشاكم لله وأتقاكم له
Sahih al-Bukhari 5063
(peace and blessings be upon him). When a questioner asked him, he said: O Messenger of Allah! Allah has forgiven you, in many matters. He said:
I am more submissive to Allah and more afraid of Him than youإني أخشاكم لله وأتقاكم له
Sahih al-Bukhari 5063
(peace and blessings be upon him). So, the result is that he is the model and the example in everything, (peace and blessings be upon him), except for what evidence indicates is specific to him, (peace and blessings be upon him).
Source binbaz.org.sa

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

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