In the Name of ALLAH the Most Beneficent and the Most Merciful
Some scholars say that it nullifies ablution in all cases i.e. if one touches a woman it nullifies his ablution in all cases.
Some say that if he touches a woman in a lustful way it nullifies ablution; otherwise, it does not.
Some others say that it does not invalidate ablution in any case.
When scholars say that touching a women will break the wudhu:
It is very difficult to maintain the wudhu. There are many occasions where we can accidentaly or unintentionally touch a women. Also good example is doing Umra on Busy days or Haj, where it would be impossible not to touch a women and do Tawaf or Saee.
Note: ALLAH says in The Holy Quran:
'Allah intends for you ease, and does not want to make things difficult for you'
(Qur'an 2:185)
'Allah does not want to place you in difficulty'
(Qur'an 5:6)
When Scholars say that touching will not invalidate wudhu in all the cases, there are many acts of fitna these days. People of opposite sex touching each other, hugging, kissing etc. Saying that only sexual intercourse will break the wudhu will be contrary to the proofs.
Lets consider the Proofs one by one InshaALLAH:
From Quran:
Proof 1:
4:43 O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying or in a state of janabah, except those passing through [a place of prayer], until you have washed [your whole body]. And if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and find no water, then seek clean earth and wipe over your faces and your hands [with it]. Indeed, Allah is ever Pardoning and Forgiving.
http://quran.com/4
5:6. O you who believe! When you stand (intend) to offer the Salah (the prayer), then wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to the ankles. If you are in a state of Janaba, purify yourselves (bathe your whole body). But if you are ill or on a journey or any of you comes from the Gha'it (toilet)
or you have touched women and you find no water, then perform Tayammum with clean earth and rub therewith your faces and hands. Allah does not want to place you in difficulty, but He wants to purify you, and to complete His Favor to you that you may be thankful .
http://quran.com/5
If you read Tafsir Ibn Kathir for these verse (
http://www.qtafsir.com/index.php?option=com_content&task=view&id=658&Itemid=59)
أَوْ لَـمَسْتُمُ النِّسَآءَ
(or you Lamastum women), which was recited Laamastum and Lamastum. Laamastum referring to sexual intercourse and Lamastum means physical touch.
According to Abdhullah Ibn Abbas (RA) here it means sexual touch. But Abdhullah Ibn Masood (RA) (Malik Muwatta and Tabaranee) and Abdhullah Ibn Umar (RA) (Sunan Darakuthni) it means physical touch.
Eg.
عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" تَوَضَّئُوا مِمَّا مَسَّتِ النَّارُ
'Perform Wudu' from that which has been touched by fire.'"
But the conditions for one going into the state of Invalid wudhu is different from one going into the state of Junub. A person with Junub can't just perform Wudhu and attend the Salah. The person needs to take bath or do Tayamum.
Similarly
From Hadith:
Proof 2:
Hadith on Prophet (Saw) kissing his wife and Not Performing Wudhu:
أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَبَّلَ بَعْضَ نِسَائِهِ ثُمَّ خَرَجَ إِلَى الصَّلَاةِ وَلَمْ يَتَوَضَّأْ
Urwah reported from Sayyidah Aisha (RA) that she said that Prophet (SAW) kissed one of his wives and without making (fresh) ablution stood up for Salah. Urwah said that he remarked, "Who could that be but you." She laughed.
[Jami Tirmidhi : 63/79 ,Ahmed: 25824, Abu Dawud :179, Nasa'e: 170, Ibn: Majah: 502]
This Hadith has 6 chain of reporters.
On this Hadith Abu Eaasa At-Tirmidhi(Rah) Says
"I have heard Imam Bukhari saying that "Habin bin Abi' Sabith(Rah) Never heard anything from Urwah Bin AzZubayr (rah) .
The same Hadith was also reported through Ibrahim At-Taymi (Rah), but there is No Proof that Ibrahim At-Taymi (Rah) heard this Hadith from Ayesha (RA). Therefore all the Hadith related to this Subject that Kissing would not Invalidate the Wudhu are NOT Authentic"
Source : http://sunnah.com/tirmidhi/1/86
Abū Dāwūd(rah) says after it, “It is Mursal. Ibrāhīm At-Taimiy did not hear from ‘Ā’ishah.”
Imām An-Nasā’ī(Rah) said, “There is nothing in this chapter (i.e. regarding the non-nullification of wudhu’) that is better than this hadīth, and it is mursal.”
Proof 3:There is Another Hadith in Bukhari where Prophet (saw) touched his wife while praying:
حَدَّثَنَا
عَبْدُ اللَّهِ بْنُ مَسْلَمَةَ، حَدَّثَنَا مَالِكٌ، عَنْ أَبِي
النَّضْرِ، عَنْ أَبِي سَلَمَةَ، عَنْ عَائِشَةَ ـ رضى الله عنها ـ قَالَتْ
كُنْتُ أَمُدُّ رِجْلِي فِي قِبْلَةِ النَّبِيِّ صلى الله عليه وسلم
وَهُوَ يُصَلِّي، فَإِذَا سَجَدَ غَمَزَنِي فَرَفَعْتُهَا، فَإِذَا قَامَ
مَدَدْتُهَا.
Narrated Aisha:
I used to stretch my legs towards the Qibla of the Prophet (ﷺ) while he was praying; whenever he
prostrated he touched me, and I would withdraw my legs, and whenever he stood up, I would restretch
my legs. [Sahih al-Bukhari 1209]
The word used in this Hadith is Ghamaza (
غَمَزَ) which means, to touch,
to signal,to wink, to press etc. This is not the same word which Allah (Azwajal) uses in Quran I.E. أَوْ لَامَسْتُمُ النِّسَاءَ . Ghamaza could also mean signaling.
Regarding this Hadith they say this narration is abrogated by the verse of the Qur’an 4:43 and 5:6 .
Ibn Hajr, in his Fat-hul-Bārī, brings two other arguments:
1.) Prophet (sallallahu alayhi wa ‘alā Ālihi wa sallam) touched her with a barrier, and if that is not the case
2.) It is specific for the Prophet (sallallahu ‘alayhi wa ‘alā Ālihi wa salaam).
But even if we agree that Prophet (Saw) did touch Ayesha(RA),
the intention of Prophet(Saw) is very clear. His(Saw) intention is to pray and Not to touch Ayesha (RA)
There is also another Hadith while Ayesha (RA) touched Prophet (Saw) feet while he (saw) was praying:
'A'isha reported: One night I missed Allah's Messenger (may peace be upon him) from the bed, and when I sought him my hand touched the soles of his feet while he was in the state of prostration; they (feet) were raised and he was saying:" O Allah, I seek refuge in Thy pleasure from Thy anger, and in Thy forgiveness from Thy punishment, and I seek refuge in Thee from Thee (Thy anger). I cannot reckon Thy praise. Thou art as Thou hast lauded Thyself."
https://sunnah.com/muslim/4/252
Again Ayesha (RA) did not intend to touch Prophet (saw)
From the above 2 hadith's it is clear that
accidental or unintentional touch will not break wudhu.
Lets see the
Athar of the companions of Prophet (saw):
Touching Women with Desire
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ سَالِمِ بْنِ عَبْدِ اللَّهِ، عَنْ أَبِيهِ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّهُ كَانَ يَقُولُ قُبْلَةُ الرَّجُلِ امْرَأَتَهُ وَجَسُّهَا بِيَدِهِ مِنَ الْمُلاَمَسَةِ فَمَنْ قَبَّلَ امْرَأَتَهُ أَوْ جَسَّهَا بِيَدِهِ فَعَلَيْهِ الْوُضُوءُ .
Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that his father Abdullah ibn Umar used to say, "A man's kissing his wife and fondling her with his hands are part of intercourse. Someone who kisses his wife or fondles her with his hand must do wudu." [Muwatta Malik: 96]
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ عَبْدَ اللَّهِ بْنَ مَسْعُودٍ، كَانَ يَقُولُ مِنْ قُبْلَةِ الرَّجُلِ امْرَأَتَهُ الْوُضُوءُ .
Yahya related to me from Malik that he had heard that Abdullah ibn Masud used to say, "Wudu is necessary if a man kisses his wife." [Muwatta Malik: 97]
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، أَنَّهُ كَانَ يَقُولُ مِنْ قُبْلَةِ الرَّجُلِ امْرَأَتَهُ الْوُضُوءُ . قَالَ { ابْنُ } نَافِعٍ قَالَ مَالِكٌ وَذَلِكَ أَحَبُّ مَا سَمِعْتُ إِلَىَّ .
Yahya related to me from Malik that Ibn Shihab used to say, "Wudu is necessary if a man kisses his wife." Nafi said that Malik said, "That is what I like most out of what I have heard." [Muwatta Malik: 98]
أَخْبَرَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ الْحَافِظُ أَخْبَرَنَا إِسْمَاعِيلُ بْنُ مُحَمَّدِ بْنِ الْفَضْلِ بْنِ مُحَمَّدٍ الشَّعْرَانِىُّ حَدَّثَنَا جَدِّى حَدَّثَنَا إِبْرَاهِيمُ بْنُ حَمْزَةَ حَدَّثَنَا عَبْدُ الْعَزِيزِ بْنُ مُحَمَّدٍ عَنْ مُحَمَّدِ بْنِ عَبْدِ اللَّهِ يَعْنِى ابْنَ عَمْرِو بْنِ عُثْمَانَ عَنِ الزُّهْرِىِّ عَنْ سَالِمٍ عَنِ ابْنِ عُمَرَ أَنَّ عُمَرَ بْنَ الْخَطَّابِ رَضِىَ اللَّهُ عَنْهُ قَالَ : إِنَّ الْقُبْلَةَ مِنَ اللَّمْسِ فَتَوَضَّئُوا مِنْهَا
Imām Al-Bayhaqī also quotes the following narration from ‘Umar ibn Al Khattāb (radhiya allāhu ‘anhu wa ‘alayhis salām)From Abdullah ibn Umar that ‘Umar (radiya Allahu ‘anhuma) said, “Verily, kissing is from touching, so make wudhu’ from it.”
"Do
you not see that the Sahaabah (the Companions) – radiallaahu ‘anhum –
used to pray behind each other. So from them were those who held the
view that touching a woman, or the flowing of blood from the body
invalidates the wudhoo’ (ablution), along with those who did not hold
this view." - Imam Muhammad Naasir-ud-Deen Al-Albaanee(Rahimahullah) Silsilatul-Ahaadeeth As-Saheehah (1/442-445) (In English Ramadhan Reminder of Unity]
It is clear that touching, kissing with desire is part of sexual intercourse and will invalidate the wudhu and this was practiced by Salafus Salihoon.
Regarding touching Non Mahram Women:
Abu Umama reported: We were sitting in the mosque in the company of Allah's Messenger (may peace be upon him). A person came there and said: Allah's Messenger, I have committed an offence which deserves the imposition of hadd upon me, so impose it upon me. Allah's Messenger (may peace be upon him) kept silent. He repeated it and said: Allah's Messenger, I have committed an offence which deserves the imposition of hadd upon me, so impose it upon me. He (the Holy Prophet) kept silent, and it was at this time that Iqama was pronounced for prayer (and the prayer was observed). And when Allah's Apostle (may peace be upon him) had concluded the payer that person followed Allah's Messenger (may peace be upon him). Abu Umama said: I too followed Allah's Messenger (may peace be upon him) after he had concluded the prayer, so that I should know what answer he would give to that person. That person remained attached to Allah's Messenger (may peace be upon him) and said: Allah's Messenger, I have committed an offence which deserves imposition of hadd upon me, so impose it upon me. Abu Umama reported that Allah's Messenger (may peace be upon him) said to him: Didn't you see that as you got out of the house, you performed ablution perfectly well. He said: Allah's Messenger, of course. I did it. He again said to him: Then you observed prayer along with us. He said: Allah's Messenger, yes, it is so. Thereupon Allah's Messenger (may peace be upon him) said to him: Verily, Allah has exempted you from the imposition of hadd, or he said. From your sin. [Sahih Muslim: Book 37, Number 6661:]
٥٢٦ - حدثنا قتيبة قال: حدثنا يزيد بن زريع عن سليمان التيمي، عن أبي عثمان النهدي، عن ابن مسعود أن رجلا أصاب من امرأة قبلة، فأتى النبي صلى الله عليه وسلم فأخبره، فأنزل الله: (أقم الصلاة طرفيِ النهار وزلفا من الليل إن الحسنات يذهبن السيئات) [هود: ١١٤] فقال الرجل: يا رسول الله! ألي هذا؟ قال: ((لجميع أمتي كلهم)). انظر : ٤٦٨٧
Narrated Ibn Mas’ood: A man kissed a woman (unlawfully) and then went to the Prophet صلى الله عليه وسلم and informed him. So Allah revealed: “And perform As-Salaat (prayers) at the two ends of the day and in some hours of the night (i.e. the five compulsory prayers). Verily, the good deeds remove the evil deeds (i.e. small sins)…” (V. 11:114). The man asked Allah’s Messenger صلى الله عليه وسلم , “Is this instruction for me only?” He said, “It is for all those of my followers.”.[Sahi Bukhari 526 , Sahih Muslim :: Book 37 : Hadith 6656]
http://authentichadithfoundation.org/sahih-bukhari-526/
"It was narrated that Ma’qil ibn Yassaar said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “For one of you to be stabbed in the head with an iron needle is better for him than that he should touch a woman who is not permissible for him.”
Narrated by al-Tabaraani in al-Kabeer, 486. Shaykh al-Albaani said in Saheeh al-Jaami’, 5045, that this hadeeth is saheeh.
Abu Hurairah (radhiya allāhu ‘anhu) said: The Prophet (sallallahu ‘alayhi wa ‘alā Ālihi wa sallam) said, "Allah has written the very portion of Zina which a man will indulge in. There will be no escape from it. The Zina of the eye is the (lustful) look, the Zina of the ears is the listening (to voluptuous songs or talk), the Zina of the tongue is (the licentious) speech, the
Zina of the hand is the touch, the Zina of the feet is the walking (to the place where he intends to commit Zina), the heart yearns and desires and the private parts approve all that or disapprove it.” (Bukhārī and Muslim)
https://sunnah.com/muslim/46/33]
وَالْيَدُ زِنَاهَا اللَّمْسُ
the Zina of the hand is the touch
Punishment of Disbelievers at War with Allah and His Apostle
Bukhari :: Book 8 :: Volume 82 :: Hadith 813
Narrated Ibn 'Abbas:
When Ma'iz bin Malik came to the Prophet (in order to confess), the Prophet said to him, "Probably you have only kissed (the lady), or winked, or looked at her?" He said, "No, O Allah's Apostle!" The Prophet said, using no euphemism, "Did you have sexual intercourse with her?" The narrator added: At that, (i.e. after his confession) the Prophet ordered that he be stoned (to death).
Ibn Qudamah in Umdatul Fiqh quotes this opinion that touching with desire breaks wudhu.
Shaykh Saailh ibn Fowzaan says "As regards her having touched a man without intention, such as that
which was mentioned [in the question], then the correct [opinion] from
the statements of the people of knowledge is that this does not nullify
her wudhoo, rather her wudhoo is nullified if she touched him with
desire or he touched her with desire as we have mentioned "
Source:
http://www.fatwa-online.com/the-effect-on-ones-wudhoo-after-touching-someone-of-the-opposite-sex/
Conclusion:
Touching women with Desire would break wudhu and this is the practice of Salaf as well.
"The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended." . The act of touching is also based on the intention and this intention can invalidate wudhu make someone as Junub (major impurity) .
Conditions that break the wudhu is different from conditions for Major impurity (junub) which is different from conditions that invalidate Fast.
Remember even the most beautiful prayer prayed without Wudhu is Invalid.
