Hanbali Fiqh: Touching Women With Desire Breaks Wudhu'
Compiled by Abul Layth
The following is some research I did over a year ago for those striving to follow the Hanbali Madh-hab. I am not sure how much benefit it will be for people, but I decided that I would go ahead and post it for those that it may benefit insha’allah.
Al Hajjaawi states in Zaad Al Mustaqni’,
- [The fifth nullifier of wudhu'] “He touches a woman bi-shahwah (with desire).”
Imaam Al-Bahuti in his “Rawdh Al Murabbi’” page 42 states, in explaining this: [He touches] meaning the man [a woman with desire] that is because it is calling (or is stimulation) to Al Hadath.
Ibn Qudaamah states in Al-’Umdah regarding the nullifiers of wudhu’:
- “And to touch a woman when it is out of shahwah (desire).”
In Al-’Uddah Sharh Al Umdah, Imaam Bahaa’ud-deen Al Maqdisi states after mentioning the three reported opinions,
- “…And the third report, and it is the Thaahir (manifest opinion) of the Madh-hab, that it (i.e. the touch) nullifies the wudhu’ when it is done due to shahwah (desire), and it does not nullify the wudhu’ if it is due to other than shahwah, combining all of the verses and narrations together…” ((Page 45 of Al-Uddah published by Maktabah Daar As-Salaam ))
Imaam Ibn Qudaamah Al Maqdisi states in Al Kaafi Fi Fiqh Al Imaam Ahmad page 74,
- “[And the Third Opinion:] It is the Thaahir of the Madh-hab and it is that touching a woman out of shahwah (desire) nullfies the wudhu’. Touching does not nullify the wudhu’ if it is not done out of shahwah, [and this is derived by] combining all of the Aayaat and Narrations (Al Akhbaar). The “touch” is not hadath in and of itself, rather it is what calls (daa’) to hadath…”
The Sheikh continues with drawing a simile to An-Nawm (sleep), and how sleep itself is not hadath, but what it leads to (such as the probability of passing gas etc). For more detail see Sharh Al Kabeer and Al Mughni.
In Dalil At-Taalib, Shaykh Mar’i ibn Yusuf Al-Karmi writes,
- “And the fifth (nullifier of wudhu’) is when a man touches a woman or a woman touches a man due to shahwa…”
In the gloss of Dalil At-Talib, Nayl Al-Maa’rib of Imam Abdul-Qaadir ibn ‘Umar Ash-Shaybaani he comments on the above,
- “Due to Allah’s statement ‘…or touching women…’ and as for the touch it does not break wudhu’ unless it done out of shahwa due to the gathering of all the verses and narrations (akhbaar).” ((page 17 of Al-Azhar’s old publication – undated ))
May Allah bless our beloved Prophet Muhammad, His family, His Companions, and those that follow them in righteousness. Amin!
as salaamu alaykum,
jazakallaah khayr, Akhi abul layth i know your a shafii now but can you please continue to post more on the hanbali madhab. Im very interested in this fiqh.