Ruling on touching a woman after performing wudu

This message was sent to the program from Awad 'Aqilah Ghadyan from al-Rusayfah, Jordan. He says: Peace be upon you and Allah's mercy. After expressing my admiration and respect for your program on the Saudi Arabian Radio, which I listen to regularly over the airwaves, I would like to present an issue to you and hope you will provide a comprehensive and satisfying answer regarding touching women. Does it invalidate the wudu or not? I ask that this issue be presented to one of your learned scholars. May Allah guide you.
Answer: There is no doubt that scholars have differed on the issue of touching women. Some scholars said that touching a woman without a barrier or covering invalidates the wudu absolutely. This is the well-known position of the Shafi'i school (may Allah have mercy on him) and a group of others. Others said that it does not invalidate the wudu absolutely, and that the intended meaning of "touching" in the saying of Allah the Exalted: [Surat al-Nisa: 43] is intercourse. They said that the intended meaning here is intercourse, as Ibn Abbas and a group of others said. Others said that it invalidates the wudu if it is accompanied by desire, but does not invalidate it if there is no desire. This is the well-known position of Ahmad (may Allah have mercy on him) and a group of others.
The stronger opinion in my view, after reflection, is the statement of those who said that it does not invalidate the wudu absolutely, and that touching her does not invalidate the wudu absolutely. Rather, what invalidates it is touching the private parts. As for touching a woman only, such as her hand or her foot, it does not invalidate the wudu because there is no evidence for it. As for the saying of Allah the Exalted: [Surat al-Nisa: 43], the intended meaning is intercourse, as mentioned previously, due to the statement of Ibn Abbas (may Allah have mercy on him) and a group of scholars. As for the statement of Ibn Mas'ud that the intended meaning is merely touching, that is not apparent. Rather, the correct view is what Ibn Abbas said in this matter, that the intended meaning is specifically intercourse. The evidence for this is that it is established that the Prophet (peace and blessings be upon him) kissed some of his wives and then prayed without performing wudu. Another point is that touching is a reality that occurs among people in their homes, and there is a pressing need for the Prophet (peace and blessings be upon him) to explain it clearly and comprehensively so that people would know it. If it had invalidated the wudu, the Prophet (peace and blessings be upon him) would have explained it clearly, sufficiently, and comprehensively. But nothing has come from him (peace and blessings be upon him) indicating that it invalidates the wudu. Therefore, we know from this that touching a woman does not invalidate the wudu absolutely, whether it is accompanied by pleasure and desire or not. Rather, what invalidates it is intercourse, and likewise touching the private parts. That is what invalidates it. As for merely touching a woman without anything coming out, it does not invalidate the wudu. However, if something comes out, such as pre-seminal fluid, then the wudu is invalidated. If he touches her with desire and pre-seminal fluid comes out, the wudu is invalidated, and he must then wash his private parts from the pre-seminal fluid, wash his private parts and his testicles, and perform wudu for prayer and the like. As for touching without anything coming out, if he touches her and nothing comes out, then the wudu is not invalidated according to the correct view. The evidence is what was mentioned previously. The evidence is: This is established from him with a good chain of narration, narrated by Ahmad and others. It has a supporting mursal narration in al-Nasa'i. Then, the original principle is that there is no invalidation; this is the original principle. So whoever says that it invalidates absolutely, he must provide evidence. Likewise, whoever says that it invalidates with desire must provide evidence, but there is no evidence. Therefore, the correct view is that it does not invalidate the wudu. Many of our brothers in tawaf feel hesitant if their hand touches a woman's hand or their foot touches a woman's foot, and they go to perform wudu, following the opinion of those who say that it invalidates absolutely. This involves much hardship without evidence or proof. The correct view, if Allah wills, is that it does not invalidate the wudu absolutely. This is the correct view.
The presenter: Thank you, Your Eminence.