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.

(2) Sound Sleep[5]

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.

(3) Becoming Unconscious - Other than Sleep

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)).

(4) Touching the Uncovered Private Parts

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.)

(5) Touching the Penis

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].

(6) Touching a Woman with Desire

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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