Does touching the male by mistake invalidate ablution and does touching that nullify ablution is touching the palm of the hand or only with the tips of the fingers or the back of the hand, and does touching the penis differentiate if it is with desire or without desire … These questions and others were the subject of a great debate among scholars of jurisprudence, and therefore we find that the jurisprudential tradition is abundant With all the answers to this topic.
In this topic, we will deal with the sayings of scholars in answer to the question: Does touching the male by mistake invalidate ablution, and their jurisprudential evidence on which they relied.
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Does touching the male by mistake invalidate ablution?
The scholars differed regarding the question of whether touching the male by mistake invalidates ablution, according to several opinions. What is meant here is the man’s penis, and touching is touching.
The most important opinions mentioned in the answer to a question: Does touching the male by mistake nullify ablution are:
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First opinion
The holders of this opinion, the Hanafis and some Malikis, believe that touching the penis does not invalidate ablution at all.
This opinion was stated in:
- According to the Hanafis, in the book: (Explanation of the facts, explaining the treasure of the minutes 1/12), the book: (The clear sea in asceticism and al-Raqqa ‘1/45), the book: (The Choice for the Explanation of al-Mukhtar 1/10), and the book (Kitab Maraqi al-Falah with Imdad al-Fattah Sharh Nur al-Ishafa The Survival of Spirits 38), and many books of Hafi jurisprudence
- For the Malikis in: Book (The Talents of Galilee in Explanation of Mukhtasar al-Khalil 1/299) as it was mentioned in the famous commentary by Desouki.
Second opinion
The holders of this opinion are the Shafi`is, the Hanbalis, and some Malikis, who believe that touching the penis invalidates ablution.
However, between them there was a slight difference of opinion, which is:
- Shafi’i jurists restrict the touch that breaks ablution to the inside of the palm, and if a man touches his member with the pure hand of his palm (according to the Shafi’i), his ablution is not nullified.
- Hanbali jurists believe that touching a man’s limb, whether on the inside of the palm or the outside, invalidates ablution, and there is no difference in that.
These views are contained in:
- According to the Malikis in (Entourage of Desouki on the great explanation 121/1)
- According to the Shafi’is in: The book (The Mother of Imam al-Shafi’i 1 / 19-20), the book (al-Majmoo ‘Sharh al-Muhdhab by Imam al-Nawawi 2/38), and the book (Rawdat al-Talibin and the Umdah of the Muftiids 1/75), and it was also mentioned in the first part of (Mughni al-Muhtajid to Knowing the meanings of the words of the curriculum).
- According to the Hanbali jurists in: the book (Kashshaaf al-Qanaa about the body of al-Iqna ‘1/126), the book (Sharh Muntaha al-Iraadat 1/71), and the book (the Creator in Sharh al-Muqni’ 1/160), as mentioned in (Al-Furoo ‘, Al-Insaf, Sharh Al-Zarkashi, Al-Tahqih ,…)
The third opinion
The holders of this opinion are the Maliki jurists from among the Moroccans, and they think that it is desirable for the one who touched his remembrance to perform ablution unless he arrived yet, and if he prays with this ablution in which he touched his mention, he should repeat the prayer on time, and if the time has passed, he should not repeat the prayer.
Those who hold this opinion think that the ruling is desirable, not obligatory, because if it was obligatory, they would order the worshiper who prayed with ablution after him to repeat the prayer even if the time has run out.
Fourth opinion
The holders of this opinion are the Maliki jurists from among the Baghdadi people, for they believe that whoever touches his penis with desire, he must repeat ablution, because touching the penis with desire invalidates ablution.
Fifth opinion
The proponents of this opinion are some of the Maliki jurists, who differentiate by intention, intentionally and without intention. Whoever touches his remembrance intentionally invalidates his ablution, but whoever touches it unintentionally does not invalidate his ablution.
That is, the owners of this opinion believe that the answer to the question from which we started our conversation, “Does touching the male by mistake nullify ablution?” No, ablution does not nullify touching the male by mistake.
The sayings of the third, fourth and fifth opinion (all of them from the Malikis) were contained in several places in the books of jurisprudence, such as:
- The book (The Sublime Talents in Explanation of Mukhtasar al-Khalil 1/299)
- Book (Mukhtasar al-Khurshi 1/156)
- The book (The All-Inclusive Remembrance of the Schools of Jurists in Al-Amsaar and the Scholars of the Diaspora 3/25)
- The book (Haashiyat al-Desouki on the great explanation 1/121)
- The Book of Al-Kafi on Fiqh of the People of Al-Madinah Al-Maliki Page No. 12)
- The book (Introductions Al Muddidat 1/101)
Thus, we have gathered five opinions on touching the male with regard to invalidating ablution, as an answer to the question: Does touching the male by mistake invalidate ablution, except that each team has evidence on which he relied on saying this ruling, and they are as follows:
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The evidence of those who break ablution from touching the penis
The opinion holders infer that touching the penis absolutely invalidates ablution, with several evidences such as:
First evidence
On the authority of the Mother of the Believers, Umm Habibah, that the Prophet, may God’s prayers and peace be upon him, said: “Whoever touches his private parts should perform ablution” (Sahih Ibn Majah 395).
This authentic hadith is to say in general terms that whoever touches his member must repeat ablution.
The second evidence
Imam Al-Shafi’i also mentioned in the Book of the Mother 517/8 a hadith narrated by Basrah bint Safwan that the Prophet, may God’s prayers and peace be upon him, said: “If one of you touches his penis, let him perform ablution.” This evidence confirms the previous evidence that one who touches his private parts must perform ablution again before prayer.
The third proof
The owners of this opinion also quoted a saheeh hadith narrated by Abu Hurairah on the authority of the Prophet, may God’s prayers and peace be upon him, that he said: “If one of you opens his hand to his private part, without it there is no veil or a covering, then ablution is required for him” (Al-Mu’jam Al-Awsat Al-Tabarani 1850).
This hadith confirms what has been mentioned above, except that it is more than that the touch that is intended here is touch without a barrier, that is, there is no barrier between the hand and the penis of the man.
Fourth evidence
The companions of this opinion also quoted a hadith in Imam Ahmad’s Musnad No. 12/32 that the Prophet, may God’s prayers and peace be upon him, said: “Whoever touches his penis, let him perform ablution, and whichever woman touches her vagina, do ablution.”
This hadith confirms that this matter includes men and women.
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The evidence of those who say that touching the penis does not invalidate ablution at all
The fuqaha ‘who say that whoever touches the penis does not invalidate his ablution if he is performing ablution and he does not have to perform ablution because of it, with several evidences such as:
A hadith narrated by Talaq bin Hanafi that he said: “We were with the Prophet, may God’s prayers and peace be upon him. (Sahih Ibn Hibban 1120).
This hadith is evidence that touching the penis does not invalidate ablution at all.
However, the jurists have responded to this evidence that the hadiths previously mentioned in the previous opinion (the hadith of Abu Hurairah and the hadith of Basrah) have abrogated this hadith.
The explanation for this is that our master Abu Hurairah converted to Islam in the seventh year of the Hijra, which is the year of Khaybar, while I converted to Islam in the eighth year of the Hijra, which is the year of the conquest.
While the narrator gave this hadith’s shot to the Prophet, may God bless him and grant him peace, while he was building the mosque, that is, in the first year of the migration.
We conclude from this:
He was not commanded to perform ablution from touching the penis, then the Messenger, may God’s prayers and peace be upon him, ordered ablution from touching the penis.
Evidence of those who say that touching the remembrance is desirable for ablution
The authors of this opinion inferred by combining the two previous hadiths (the hadith of divorce) and (the hadith of Abu Huraira and the hadith of Basrah), so it is mustahabb here to combine the evidence.
However, the response of the jurists to this opinion is that the combination is between healthy evidence, so the jurist combines between authentic evidence and higher evidence, but if one of the two hadiths is authentic and the other is weak, then the authentic hadith must be acted upon.
The same is the case with the two hadiths who copied one another in the abrogated hadith.
That is because combining the evidence will be the actions of both of them together, except that this combination will be injustice to the action of the correct hadith in them by restricting it if it is absolute, or allocating it if it is general, and if this is done then the weak hadith will have benefited from the ruling of the correct hadith.
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Evidence of those who say that touching the penis is obligatory for ablution if it is with desire
The owners of this opinion inferred from the hadith of Talaq ibn Hanafi that he said: “We were with the Prophet, may God’s prayers and peace be upon him, and a Bedouin came to him and said: O Messenger of God, one of us is in prayer and he rubs and his hand hits his penis, so the Messenger of God, may God bless him and grant him peace, said: Chew from you) ”(Sahih Ibn Hibban 1120).
In this hadith, by combining the other hadith, the matter of desire is considered for two reasons:
The first reason:
That if a man touches his penis without desire, he does not differentiate between the penis and other parts of the body, and this is in the words of the Messenger, may God’s prayers and peace be upon him, “And is it only a few of you”. But if the man touches his penis with desire, then it is completely separate from the rest of the body parts. He has pleasure, and something may come out of him without the feeling of the man.
The second reason:
That touching a member during prayer is not with desire at all, because prayer distracts from touching the member with desire, and touching outside of prayer may be with desire or without desire
The jurists have responded to those who say that touching the penis requires ablution if it is with desire
The invocation of the Prophet, may God’s prayers and peace be upon him, said “And is it but a few of you” that he intends to touch without desire, and if the man touches, he reminds him of lust, in that case it is not a few of them, of course he will remain a member of the body.
That ablution is restricted by desire is not mentioned in both guides (the hadith commanding ablution and the hadith sold for not ablution).
Evidence of those who say that touching the penis is obligatory for ablution if it is with the palm of the hand
Those who have the opinion that touching the palm of the hand are required to perform ablution, and if it is on the back of the hand, ablution is not required in it, according to the hadith of Abu Hurairah, “If one of you leads his hand to his private part, without it there is no veil or cover, then ablution is required.” Imam Al Shafi’i said in his book (Mother 1/20): “Ablution with the hand is in its belly, as you say: He led his hand to the floor in prostration, or to his knees kneeling, so if the Prophet – may God bless him and grant him peace – he only commanded ablution if he led it to his remembrance, so it is known that he mentioned it. He touches his thighs, and what is close to that of his body, so it is not necessary for him in terms of the Sunnah and ablution … ”
As Imam Al-Nawawi said in Al-Majmoo ‘2/40 when explaining this opinion: “… the back of the palm is not a device for touching it, so pleasure is only in the inside, because the inside is a device that touches it …”, he means the word batin (the inside of the hand).
Evidence of those who say that touching the penis requires ablution if it was deliberate
Those who have the opinion that touching the penis if it was deliberately invalidates ablution, and if the man did not intend to touch his penis, that does not invalidate his ablution, they inferred in their opinion this with several evidence towards:
First evidence
The words of God Almighty in Surat parties: “I call upon them to their parents is God, a premium on not learned to their brothers in religion and Mwalikm not you stand with him but made a mistake what your hearts deliberately God was Forgiving, Most Merciful (5)”
The evidence of the noble verse is not to take forgetfulness or error, and on this basis, ablution is not invalidated by mistake.
The second evidence
The Arabs do not call the perpetrator a subject unless he does an act by his will, and based on this mistake in touching the remembrance of God, it is not taken into account.
With this opinion, Sheikh al-Islam Ibn Taymiyyah took in (Majmoo ‘al-Fataawa 21/231) and said: “… if he did not intentionally do that, he did not invalidate his ablution.”
Thus, they said that ablution is not invalidated without intentional intentional touching of the penis
They also stipulated two conditions for this purpose (which requires ablution), namely:
- To be touched by the man reminded him of the palm of his hand.
- That the man touched his memory without a barrier between them, and they quoted this condition with the hadith of Abu Hurairah on the authority of the Prophet, peace and blessings of God be upon him: “If one of you leads his hand to his private part, without it there is no veil or a cover, then ablution is obligatory upon him.” The previous mentioned his discharging.
Response to those who say that touching the penis requires ablution if it was deliberate
However, the jurists have responded to this evidence that the ruling to invoke the intent to touch the penis in criticizing ablution is problematic, as the meaning of this is that the ruling is mandatory, and this must be that the boy’s touching his member does not invalidate his ablution because it is in the state of error.
However, the most correct view according to the majority of jurists is that the ruling here is my case, and if the touching contradicts ablution, then it is equal to intent and error.
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The correct opinion of the opinions in the saying of the Islamic Research Academy
The Fatwa Committee of the Islamic Research Council answered the question whether touching the male by mistake invalidates ablution, that it invalidates ablution if it was without a barrier and touched the inside of the palm, and the ruling is equal in that if the touching was with desire or without desire, and in that opinion they followed the doctrine of the majority of jurists from (Maliki, Shafi’i, and Hanbali)
Then Dar Al Iftaa added a brief account of the views of the jurists on this controversial issue.
The opinion of Sheikh Ibn Baz in the rule of ablution from touching his memory
Sheikh Ibn Baz, may God have mercy on him, answered the question whether touching the male by mistake invalidates ablution, that if touching (meat with meat), i.e. his hand touched his limb, then that contradicts ablution and he has to restore his ablution, but if the touch is from behind a barrier (from behind pants, clothes, or whatever Like), because in that case it does not invalidate ablution.
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The opinion of Sheikh Ibn Uthaymeen on the rule of ablution from touching his memory
Sheikh Muhammad bin Saleh Al-Uthaimin, may God have mercy on him, answered the question of whether touching the male by mistake invalidates ablution by combining the two hadiths previously mentioned and that he sees that touching with desire invalidates ablution, while touching without desire, like touching the rest of the body, does not nullify ablution.
Also, touching from behind a barrier is not touching, and thus it does not invalidate ablution
Thus, we have quoted the sayings of the jurists in the answer to the question: Does touching the remembrance by mistake invalidate ablution and explain the location of the difference in this issue and the evidence for each opinion, as we have shown the opinion of modern jurists regarding the preference of one of the opinions, we pray to God that we have succeeded in what he loves and satisfies him, and blessings and peace be upon the master of creation Our patron saint on the Day of Judgment.