5 - Touching ones spouse with desires. Uthaymeen
explains that this ruling has several sub-issues:
A - The age of the spouses is
irrelevant. This is the correct opinion with Uthaymeen.
- Some stated
that the minimum age of the spouse has to be seven years old.
- Others said the ages must be similar. So if a person of a particular
age is able to have relations with another of a similar age, then the Wudhoo is
broken via touching with desires. For example, if a seventeen year old touches
his wife who is younger than him with desires, then the Wudhoo is not broken
because he is not able to have relations with here, even if he touches her with
desires.
B – The correct
opinion with Uthaymeen is that the touching women even with desires doesn’t
nullify the Wudhoo.
-Others (the Shafi’ees’) were of the opinion that all forms of touching
women invalidates Wudhoo, whether it be with desires or not. This is whether it
be his wife or any other female. From their proofs are the following:
- “or you have been in contact
with women” [al-Maa’idah
5:6]. Touching (مس) is general, so it can be with the hand or other than the hand,
touching women nullifies the Wudhoo.
-Others (the Hanbalees and Malikees) stated all touching with desires nullifies
the Wudhoo. From their proofs are the following:
- They used the Aayah quoted above and stated that the word “contact” is
specified by the Hadeeth in which A’aishah [may Allaah be Pleased with her and
her father] that described the Prophet [Peace and Blessings of Allaah be upon
him] praying and in front of him were her outstretched feet. Every time he
wanted to prostrate, he would touch her so that she may move her feet. This
shows that the Prophet prayed after touching women.
- Had merely touching women, even without desires, had been a nullifier
then this would create a great deal of hardship for the Ummah.
-Others (the Hanafees and Ibn Taymiyyah) were of the opinion that
touching women never nullifies Wudhoo, even with desires. From their evidences
include the following:
- The fact that the
Prophet touched A’aishah whilst praying.
- There is no explicit proof to claim that the Wudhoo is nullified by
touching, either with or without desires.
- Purification and nullification is only based on clear evidences.
- The Ayah quoted above was explained by Ibn ‘Abbaas [may Allaah be
Pleased with him and his father] and others, to mean intercourse.
- The Ayah itself is talking about major impurity, giving examples of
going to the bathroom as minor forms of impurity and marital relations as a
major form of impurity. If we interpret “contact” as touching with the hand
then this would mean that the Ayah talks about minor impurities without
mentioning major impurities despite stating, “If you are in a state of Janaba (i.e. had a sexual
discharge), purify yourself (bathe your whole body)” [5:6]. This kind of disorganization doesn’t befit the eloquence of the
Quraan.
C - The part of the
body is also irrelevant, as long as one has desires the Wudhoo is nullified via
touching. But the correct opinion with Uthaymeen is that all forms of touching
do not nullify the Wudhoo – whether one touches a body part (including hair and
nails) or something that is not physically part of her like her clothes.
D - The Hanbalees
stated that ruling applies to the sane and insane. But the correct opinion with
Uthaymeen is that all forms of touching do not nullify the Wudhoo.
E – Uthaymeen states
the ruling only applied to men and not women, with the majority.
-The Hanbalees were of the view that it applies to both genders because
of Qiyaas Jalee (clear analogy) – if the rulings apply to one gender then it
applies to the other.
F – Uthaymeen states
that if a man touches another man or a woman touches another woman with
desires, then the Wudhoo is broken. This is Qiyaas with those who stated that
touching with desires breaks the Wudhoo.
-
Others stated that it doesn’t break the Wudhoo even if the touching is
with desires because inter-gender relations are not recognized in the
Sharee’ah.
But the correct
opinion as stated above is that touching with desires doesn’t nullify Wudhoo as
there is no sufficient evidence to suggest it does.
G – Touching the rear exit.
Uthaymeen states that touching the rear exit nullifies the Wudhoo, this is
because of the Hadeeth of Aboo Hurayrah which was reported by Imaam Ahmad, “Whoever
touches his private parts then he must perform Wudhoo.” The word “private part”
here is general and applies to both the front and the rear.
Uthaymeen said the scholars
differed on the rulings connected to the rear private parts just as they
differed on the rulings connected to the front private parts (i.e. does it have
to be skin to skin, with or without desires etc.)
Uthaymeen states that
this applies to the actual exit and not surrounding organs.
Uthaymeen states that the
correct opinion about touching the rear exit is the same as touching the front
private parts – it doesn’t nullify the Wudhoo.
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