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Thursday, January 28, 2016

Chapter: Nullifiers of Wudhoo - Touching the Private Parts (Part 4)

4 – Touching the private parts (TN: for whom we are allowed to touch the private parts of – i.e. oneself, spouse, one’s own children, washing the deceased through a barrier etc.) nullifies the Wudhoo. Uthaymeen explains that there is a difference of opinion on this issue:

-Some of the scholars stated that it must be skin for skin in order for the Wudhoo to be invalidated. This is because (مس) or touching cannot be affirmed through a barrier.

-Others stated it must be the palm that touches the private part. So if one touches his private part with his thigh or his elbow, then the Wudhoo is not invalidated. They use the Hadeeth, “If one touches his private parts without there being a barrier than the Wudhoo has become obligatory” [reported by Ahmad (2/333), Ibn Hibban (1118), ad-Daaraqutnee (1-147) and al-Bayhaqee (2-131) from Aboo Hurayrah]

-Others said it breaks Wudhoo in all cases (the Hanbalees). Their evidences are as follows:

- The Hadeeth of Busrah bint Safwaan, “Whoever touches his private parts then they must make Wudhoo.” [Aboo Dawood (181), at-Tirmidhee (82), an-Nasaa’ee (163) and Ibn Maajah (489)]

- The Hadeeth of Aboo Hurayrah, “If one of you touches his private parts with his hands, without a barrier, then they must perform Wudhoo” [Ibn Hibban (246)]

- By touching the private parts one may stir desire or extract something impure -thus carrying the same reasoning for sleep being a nullifier of Wudhoo.

-Others said that touching the private part doesn’t nullify the Wudhoo. Their evidences are as follows:

- The Hadeeth of Talq bin ‘Alee where the Prophet was asked about touching the private parts to which he replied, “It is merely a part of your body.” [Reported by Aboo Dawood (182), an-Nasaa’ee (165), at-Tirmidhee (85) and Ibn Maajah (483)]

- The origin of purification is that it remains except with proof that it has been nullified.

- There is a third opinion which states that Wudhoo is nullified if one touches his private parts if the touching is done with desire (the majority). If there is no desire, then the Wudhoo has not been nullified. This view reconciles all the evidences presented above, and this is what must be done so as to not neglect some Hadeeth whilst acting upon others. Additional proofs:

-The saying of the Prophet, “It is merely a part of your body” shows that touching any part of your body doesn’t nullify the Wudhoo, except if there is desire.

- As  for the argument that one may not know what exits if he touches his private part, then if we attach the ruling of touching to desires then this is more appropriate. Thus we are saying if you touch your private parts then the Wudhoo is not broken, but if it is coupled with desires then there is a chance that something has exited.

-Others from the scholars have stated that touching the private parts never invalidates the Wudhoo, even if desires are present, rather the Ahadeeth express a recommendation to repeat Wudhoo and not a nullifier of it. There evidences are as follows:

-You Hanbalees claim that touching women without desires doesn’t nullify the Wudhoo but here you are saying that touching your private parts with desires does nullify your Wudhoo. This seems to be a contradiction.

-The Hadeeth of Busrah is an obligation and the Hadeeth of Talq negates Wudhoo, so combining them together shows that the command has been lessened to mean recommended (Mustahab).

-The correct opinion is the opinion of the Hanafees and Ibn Taymiyyah, is that touching the private parts never invalidates the Wudhoo even if one touches it with desire. Rather, it is Mustahab to do Wudhoo again in all cases. His evidences:
                - The Ahaadeeth can be combined to this interpretation.

- The evidences which say we should perform Wudhoo again mean that it is better in order to be on the safe, not proving obligation or nullification of Wudhoo.

- The Hadeeth of Talq came before the Hadeeth of Busrah, and was acted on for a large period of time without there being any retraction.

- Also, the Hadeeth of Talq shows the reason for the ruling, so as long as the reason is described then the ruling must be connected to it.

- Some scholars stated that if two narrations or opinions of the Companions contradict each other, then sometimes we take the opinion of the one who came later as his opinion or narration is closer to when Islaam was completed. However this rule can’t always be applied in this way, because what this implies is that the first ruling has been abrogated by the latter, but as long as reconciliation is possible then this is a must.

Uthaymeen summarises this ruling:

-If a person touches his private parts then it is Mustahab for him to preform Wudhoo and it is not a nullifier of the Wudhoo. This is irrespective of whether he touched it with desire or without desire. Those who stipulate desire have a very strong reasoning also, so I say it is better to act upon this opinion.

-Uthaymeen adds that the ruling in this issue is connected to the private part and not the organs around it, so if one touches his private parts from the front or the back, then this is what is being discussed here.

-Uthaymeen also points out that genitals which have been amputated are not included in the ruling either.

-Uthaymeen also adds that the ruling doesn’t include hermaphrodites as they have no clear gender. So if one touches them from the front or the back, the Wudhoo is not invalidated.

-The Hanbalees stated that if one touches the genitals of a hermaphrodite with desire, then the Wudhoo is broken, but if it is touched without desire then the Wudhoo is correct.

-They also stated that if one touches both the front and the back of a hermaphrodite then the Wudhoo is also broken.


-The only exception is if one touches the private part of a hermaphrodite but they have two gender organs but one is dormant. If one touches the dormant one then the Wudhoo is not broken.

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