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Abu
Hurairah (radhiAllaahu 'anhu) said: Rasoolullah
(sallallaahu 'alaihi wa sallam) said Allaah
does not accept the prayer of any one of
you having committed hadath until he makes
wudoo. [Al-Bukhaaree (al Fath, 1/206)
and Muslim (no.245)].
67. An-Nawawi says in 'al-Majmoo' (2/3)
as for that which comes out of the two
private parts - then it breaks wudoo according
to Allaah ta'alas saying: Aw
jaa'a ahadukum min al ghaa'it...:
or one of you comes from offices of nature...[Soorat-ul-Maa'idah
5:7] along with his (sallallaahu 'alaihi
wa sallam) saying There is no wudoo
except from a sound or a smell. [Saheeh
and has preceded (Saheeh ul Jaarni' (7443)].
He adds: So that which comes out of the
front or back part of a man or woman breaks
the wudoo - whether excretion or urine
or wind - or a worm or pus or blood or
stones or anything else and there is no
difference in that for something which
happens normally or rarely.
68.
'Alee ibn Abi Taalib (radhiAllaahu 'anhu)
said: Rasoolullah (sallallaahu 'alaihi wa
sallam) said The eye is the drawstring
for the anus, so he who sleeps then let him
make wudoo. [Abu Dawood (no.203), Ibn
Maajah (no.477), Ahmad. Declared as Saheeh
by al-Albaanee].
In the hadeeth is an evidence that sleep
does not in itself something that breaks
wudoo , however the Purification is broken
if it is possible for something to come
out from the anus - however if that is
restricted, e.g. by sitting flat on the
earth, then that is not the case.
That
is the 'intellect' going away by any means
because of insanirt or fainting or intoxication
- as in this condition he does not know whether
his wudoo is broken or not. This is the saying
of the great majority of scholars. (Sharh
Saheeh Muslim (4/74) and al-Mughnee (1/164)).
69.
Abu Hurairah (radhiAllaahu 'anhu) said: Rasoolullah
(sallallaahu 'alaihi wa sallam) said If
one of you touches his penis and there is
no veil between him and it nor any cover,
then wudoo has become obligatory for him.
[al-Haakim (1/138) and others]. (Al-Albaanee
says: hadeeth Saheeh.)
70.
Busrah (radhiAllaahu 'anhaa) said: Rasoolullah
(sallallaahu 'alaihi wa sallam) said If
one of you touches his penis then let him
make wudoo. [At-Tirmidhee (1/18) who
said it is hasan saheeh. And also declared
as Saheeh by Ahmad, al-Bukhaaree and Ibn
Ma'een (Lum'aat ut-Tanqeeh Sharh Mishkaat
ul Masaabeeh, no.319). Others also narrate
it as authentic].
71. Talq ibn 'Alee (radhiAllaahu'anhu)
said: Rasoolullah (sallallaahu'alaihi wa
sallam) was asked about a man's touching
his penis. Should he make wudoo ? He (sallallaahu
'alaihi wa sallam) said And is it except
a part of him? [At-Tirmidhee (no.85)
and he said: And this is the best of what
is reported in this regard]. Al-Albaanee
says: Its isnaad is Saheeh, and this (the
view that it doesn't break the wudoo) is
established as being that of a group of
the Sahaabah, from them: Ibn Mas'ood, 'Ammaar
ibn Yaasir, and because of these Imam Ahmad
gave the choice between this and the one
before it. Shaikh-ul-Islaam Ibn Taimiyyah
harmonized the two carrying the first to
mean if he touched it with desire and this
upon the touching without desire - and
there is in this hadeeth that which gives
that impression and it is his (sallallaahu
'alaihi wa sallam) saying 'a part of him'.
[Al-Mishkaat al Masaabeeh, notes on nos.3
19 and 320].
72.
A man's touching a woman without desire does
not break the wudoo . 'Aa'ishah (radhiAllaahu
'anhaa) says: Rasoolullah (sallallaahu
'alaihi wa sallam) 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].
73. And in the same way a woman's touching
a man without desire does not break 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 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 (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 hadeeth is (in itself) da'eef
but is supported by other narrations. And
it is mursal - however ad-Daaraqutnee 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.
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.
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