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THE PROPHET’S WUDOO’ (ABLUTION)
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Touching a Woman With Desire
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A man touching a woman without desire does not break the Wudoo’ . ‘Aa’ishah (رضي الله عنها) says: Rasoolullah (ﷺ) prayed and I was lying in front of him as in front of a Janaazah, so when he wished to prostrate I pulled up my leg.
[Al-Bukhaaree and Muslim].
And in the same way a woman’s touching a man without desire does not break Wudoo’ as is established from ‘Aa’ishah (رضي الله عنها): I didn’t find the Prophet (ﷺ) 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 hadeeth 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 hadeeth 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 (ﷺ) 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 hadeeth is (in itself) da’eef but is supported by other narrations. And it is mursal – however adDaaraqutnee joins it – and it is (therefore) an authentic (saheeh) hadeeth 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.
