What evidence did 'Uthman (may Allah be pleased with him) cite for the ruling that one who penetrates but does not ejaculate must perform wudu' in the initial stage of the legislation?
Machine translationRead the Arabic original
The questioner : Now, 'Uthman (may Allah be pleased with him), what did he cite as evidence? Is there a hadith that makes wudu' obligatory for one who penetrates but does not ejaculate?
The Shaykh : Yes, of course.
The questioner: What is it?
The Shaykh : In the hadiths. If that is your question, first, I do not have the text you want at hand right now, but I will ask you.
The questioner: Yes.
The Shaykh : And you may be more knowledgeable than I am. Do you recall the story of 'Uthman?
The questioner: No.
The Shaykh : Why?
The questioner : I do not remember.
The Shaykh : 'Uthman, what was his fatwa? What did he say? This is what I remember, as you see, that 'Uthman used to issue a fatwa that the one who has intercourse with his wife owes nothing but wudu'.
The questioner: Our Shaykh.
The Shaykh : And did not ejaculate.
The questioner : There was a disagreement among the Companions, and they referred the matter to 'Aishah.
The Shaykh : No, let me, let me, and the disagreement.
The questioner : This is the disagreement that I know, and 'Aishah (may Allah be pleased with her) approved when she said... only, she said:Musannaf Abd al-Razzaq 1:911.
The Shaykh : That is correct.
The questioner : In my mind, the first Shari'ah isJami` at-Tirmidhi 112Da'if (Darussalam) that one who enters it owes nothing, because only the ghusl is required of him, according to what was revealed.
The Shaykh : He owes wudu'.
The questioner : Ghusl!
The Shaykh : He owes wudu'. This was one of the stages of the legislation; he owed wudu'. In any case, I think you are able to call me on the phone.
The questioner: Yes.
The Shaykh : Look for the text related to 'Uthman.
The questioner : Yes.
The Shaykh : And that he held this opinion, and the Companions held the opinion on which the practice settled.
The questioner : Our Shaykh, of course, there is a difference between an opinion that is from his own understanding or one that was based on the initial legislation.
The Shaykh: Yes.
The questioner : Is that not so?
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : There is a difference, yes. I mean, it was in the hadith:, even in some hadiths, and "aqhata" (he was dry). Have you heard this term?
The questioner: No.
The Shaykh : This is found in the hadith, so he owes only wudu' and not ghusl. Even he (peace and blessings be upon him) once knocked on a man's door. He knocked on a man's door, and it appears he was with his wife, so he said to him:, and in my opinion, in this hadith or another, it was explained to him that he owed only wudu' because he was unable to ejaculate, but he had intercourse. So in the hadiths, in any case, as I told you, call me on the phone if Allah wills, and my strong suspicion is that the story of 'Uthman is in "Sahih al-Bukhari," so if it is easy for you, review it.
The questioner : If Allah wills.
The Shaykh : And in any case, if Allah wills, I will do so.
The questioner : May Allah reward you with good.
Another questioner : Service, my Shaykh?
The Shaykh : Safe travels.
The questioner : May Allah reward you with good.
The Shaykh : You are welcome.
The questioner : The last one, I want to leave, please go ahead.
The Shaykh : Oh Allah, in the name of Allah.
The questioner : Oh Allah, peace be upon you.
The Shaykh : And upon you peace. Are you going?
The Shaykh : Yes, of course.
The questioner: What is it?
The Shaykh : In the hadiths. If that is your question, first, I do not have the text you want at hand right now, but I will ask you.
The questioner: Yes.
The Shaykh : And you may be more knowledgeable than I am. Do you recall the story of 'Uthman?
The questioner: No.
The Shaykh : Why?
The questioner : I do not remember.
The Shaykh : 'Uthman, what was his fatwa? What did he say? This is what I remember, as you see, that 'Uthman used to issue a fatwa that the one who has intercourse with his wife owes nothing but wudu'.
The questioner: Our Shaykh.
The Shaykh : And did not ejaculate.
The questioner : There was a disagreement among the Companions, and they referred the matter to 'Aishah.
The Shaykh : No, let me, let me, and the disagreement.
The questioner : This is the disagreement that I know, and 'Aishah (may Allah be pleased with her) approved when she said... only, she said:
When the two circumcised parts meet, ghusl becomes obligatory.
إذا التَقَى الختانان وجبَ الغسلThe Shaykh : That is correct.
The questioner : In my mind, the first Shari'ah is
"Water is for water'
إنَّما الماء من الماءThe Shaykh : He owes wudu'.
The questioner : Ghusl!
The Shaykh : He owes wudu'. This was one of the stages of the legislation; he owed wudu'. In any case, I think you are able to call me on the phone.
The questioner: Yes.
The Shaykh : Look for the text related to 'Uthman.
The questioner : Yes.
The Shaykh : And that he held this opinion, and the Companions held the opinion on which the practice settled.
The questioner : Our Shaykh, of course, there is a difference between an opinion that is from his own understanding or one that was based on the initial legislation.
The Shaykh: Yes.
The questioner : Is that not so?
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : There is a difference, yes. I mean, it was in the hadith:
That when he has intercourse with his wife and is dry (does not ejaculate).
أنه إذا جامعَ أهله وأقحطThe questioner: No.
The Shaykh : This is found in the hadith, so he owes only wudu' and not ghusl. Even he (peace and blessings be upon him) once knocked on a man's door. He knocked on a man's door, and it appears he was with his wife, so he said to him:
Perhaps we have hastened you.
لعلَّنا أعجلناكThe questioner : If Allah wills.
The Shaykh : And in any case, if Allah wills, I will do so.
The questioner : May Allah reward you with good.
Another questioner : Service, my Shaykh?
The Shaykh : Safe travels.
The questioner : May Allah reward you with good.
The Shaykh : You are welcome.
The questioner : The last one, I want to leave, please go ahead.
The Shaykh : Oh Allah, in the name of Allah.
The questioner : Oh Allah, peace be upon you.
The Shaykh : And upon you peace. Are you going?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.