Chapter 36 of 363 min read

73. And in the same way a woman's touching a man without desire does not break

الحديث الثالث والسبعون: لمس المرأة الرجل بغير شهوة

wudoo as is established from 'Aa'ishah (radhiAllaahu 'anhaa): I didn't find the Prophet (sallallaahu 'alaihi wa sallam) one night so I tried to find him with my hand - and my hand fell upon his feet which were raised up as he was making prostration. [Muslim (3/203) and an-Nasaa'ee (l/101)]. So we see from these two hadith that merely touching does not break the wudoo - and Allaah Knows best. The author of'at-Ta'leeqaat us-Salafiyyah' upon Sunan of an-Nasaa'ee (1/23) says concerning "he pushed me with his foot": It is well-known that that is a touching without desire. And so the author uses it as a proof that touching without desire does not break the wudoo . As for the touching with desire - its proof is that the wudoo is not broken until a proof is established that it does indeed break it - and this is enough of a proof to show that it doesn't break the wudoo for the one who holds that view - and above and beyond that is a further proof that it doesn't break the wudoo is the hadith of kissing - as normally kissing is not free from touching with desire. The author of 'Aun al Ma'bood' (1/69) says regarding her saying "he kissed me and did not make wudoo"' - It contains a proof that touching a woman does not break the wudoo as kissing is part of touching and the Prophet (sallallaahu 'alaihi wa sallam) did not make wudoo (before praying). And this (that touching a woman even with desire doesn't break the wudoo ) is the saying of 'Alee and Ibn 'Abbaas and 'Ataa ibn Taawoos, and Abu Hanifah and Sufyaan ath-Thawree. And this hadith is (in itself) da'if but is supported by other narrations. And it is mursal - however adDaaraqutnee joins it - and it is (therefore) an authentic (sahih) hadith inshaaAllaah. (See Nasb ur Raayah, l/70). The author of 'al-Mughnee' (1/190) says: The touching is not in itself something which breaks wudoo but breaks wudoo as it leads to prostratic fluid or semen being emitted - so the condition which leads to breaking of the wudoo is considered - and that is when there is desire. [email protected] www.calgaryislam.com Summary: That when a man and woman are safe from anything being emitted which breaks wudoo - then their wudoo is not broken; and it is preferable to be on the safe side, as they may not be safe from such emissions in the condition of desire - and Allaah Knows best. CONCLUSION This is what Allaah ta'ala has made easy for us to gather together about the wudoo and its rulings, so we hope from Allaah the Most High, the All-Powerful, that we have been able to do justice to the subject - and we hope that any scholarly solicitous brother who comes across anything in our booklet which is incorrect to cover up and give sincere advice. And it is Allaah who grants success. REFERENCES:

Chapter 36 of 363 min read

73. And in the same way a woman's touching a man without desire does not break

الحديث الثالث والسبعون: لمس المرأة الرجل بغير شهوة

wudoo as is established from 'Aa'ishah (radhiAllaahu 'anhaa): I didn't find the Prophet (sallallaahu 'alaihi wa sallam) one night so I tried to find him with my hand - and my hand fell upon his feet which were raised up as he was making prostration. [Muslim (3/203) and an-Nasaa'ee (l/101)]. So we see from these two hadith that merely touching does not break the wudoo - and Allaah Knows best. The author of'at-Ta'leeqaat us-Salafiyyah' upon Sunan of an-Nasaa'ee (1/23) says concerning "he pushed me with his foot": It is well-known that that is a touching without desire. And so the author uses it as a proof that touching without desire does not break the wudoo . As for the touching with desire - its proof is that the wudoo is not broken until a proof is established that it does indeed break it - and this is enough of a proof to show that it doesn't break the wudoo for the one who holds that view - and above and beyond that is a further proof that it doesn't break the wudoo is the hadith of kissing - as normally kissing is not free from touching with desire. The author of 'Aun al Ma'bood' (1/69) says regarding her saying "he kissed me and did not make wudoo"' - It contains a proof that touching a woman does not break the wudoo as kissing is part of touching and the Prophet (sallallaahu 'alaihi wa sallam) did not make wudoo (before praying). And this (that touching a woman even with desire doesn't break the wudoo ) is the saying of 'Alee and Ibn 'Abbaas and 'Ataa ibn Taawoos, and Abu Hanifah and Sufyaan ath-Thawree. And this hadith is (in itself) da'if but is supported by other narrations. And it is mursal - however adDaaraqutnee joins it - and it is (therefore) an authentic (sahih) hadith inshaaAllaah. (See Nasb ur Raayah, l/70). The author of 'al-Mughnee' (1/190) says: The touching is not in itself something which breaks wudoo but breaks wudoo as it leads to prostratic fluid or semen being emitted - so the condition which leads to breaking of the wudoo is considered - and that is when there is desire. [email protected] www.calgaryislam.com Summary: That when a man and woman are safe from anything being emitted which breaks wudoo - then their wudoo is not broken; and it is preferable to be on the safe side, as they may not be safe from such emissions in the condition of desire - and Allaah Knows best. CONCLUSION This is what Allaah ta'ala has made easy for us to gather together about the wudoo and its rulings, so we hope from Allaah the Most High, the All-Powerful, that we have been able to do justice to the subject - and we hope that any scholarly solicitous brother who comes across anything in our booklet which is incorrect to cover up and give sincere advice. And it is Allaah who grants success. REFERENCES: