006. The chapter on what makes ablution invalid (reasons)
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6. The chapter on what makes ablution invalid
232. Does washing spoil sleep
- Yes.Argument- hadith of Safuan ibn ‘Assal: “The Prophet (peace and blessings of Allaah be upon him) ordered us, if we set out on a journey, not to take off our leather socks for three days and three nights from great and small need, and sleep, except for sexual defilement (janaba).” (an-Nasai, at-Tirmizi, etc.). Indeed, in the hadith there is an order to take ablution after a small and great need, as well as after sleep.
Note: 1) Hadith of Anas: “The Companions during the time of the Prophet (peace and blessings of Allaah be upon him) slept, then read namaz without performing ablution” (Muslim), then sleep means slumber, not sleep. Riwayat of this hadeeth came: “The Companions at the time of the Prophet (peace and blessings of Allaah be upon him) waited for the 'Isha prayer so that their heads moved (from sleep), and then read the prayer, without having to perform ablution.” (Abu Dawud and others). Reliable.
2) Hadith of Ibn ‘Abbas marfu’an: “Wudu is obligatory only for those who slept lying down” (Abu Dawud) - weak. In it: Qatada heard from Abu al-'Alia only 4 hadiths, and this one is not one of them. In addition, Imams al-Bukhari, Ahmad, Abu Dawud and others rejected this hadeeth (munqar) towards Abu Khalid ad-Dalani (الدلاني). See al-'Ilal al-Kabir by at-Tirmidhi and also Sunan by Abu Dawud.
3) Hadith Mu'awiya marfu'an: "The eyes bind the anus, so if the eyes fall asleep, then the rope is untied" (Ahmad, at-Tabarani) is a weak marfu'an, but it is correct that he is a maukuf. In it: Abu Bakr ibn Abi Maryam - weak. But Marwan ibn Janah (of a good level) narrated it from the words of Mu'awiya (maukuf) (al-Bayhaqi). Sheikh Ibn Khizam said: “Ibn ‘Adi, al-Baykhaki, Ibn ‘Abdilhadi and Ibn Dakik al-‘Eid considered that this hadith is maukuf” (“Fatah ul-‘Allam” 1 v./251 p.).
And this hadeeth is narrated from the words of ‘Ali, and there is an addition in it: “and whoever falls asleep, let him take a small bath” , and also there are no words in it: "then the rope is untied"- weak. In it: Uadyn (وضين) ibn ‘Ata is of a good level (more correctly), but this hadith was rejected in his direction by al-Jawzajani (“at-Talkhys”), as-Saji (“Tahzib ut-Tahzib”). In addition, this hadith from ‘Ali is reported by ‘Abdurrahman ibn ‘Aid (عائد), and there is a gap between them.
233. Short sleep sitting - basically it spoils wudu, but we cannot oblige a person to wudu, due to the presence of fatwas of the companions. Narrated authentically from Ibn ‘Umar, Ibn ‘Abbas, Abu Umama and Abu Hureyra. And the asar of Abu Musa came that once he fell asleep, and when he woke up, he asked the people: "Did you notice something coming out of me?" They said: "Not". Then he prayed without taking wudu (Ibn ul-Mundhir). Reliable.
And usually, if a person is sitting, then something that spoils ablution does not work out for him. But even if he took the opinion of the companions, then it is desirable to take ablution because of the possibility of its annulment.
234. Madness, loss of consciousness, intoxication with alcohol, nabis, anesthesia, medicine - spoils ablution. Because all these things cloud the mind more than sleep.
235. Wudu of a woman suffering from constant bleeding (istihad) - takes a ghusl after the end of menstruation, and it is not necessary to take ablution before each prayer, since the painful release of blood does not spoil the ablution, but it is better for her to take it before each prayer.
«جاءت فاطمة بنت أبي حبيش إلى النبيﷺ فقالت: يا رسولَ الله! إني امرأة أُستحاضُ فلا أطهر أفأدع الصلاة؟ قال: لا إنما ذلك عِرق و ليس بحيض فإذا أقبلتْ حيضتكِ فدعي الصلاة و إذا أدبرتْ فاغسلي عنكِ الدم ثم صلي»
Argument- Hadith 'Aisha: “Once Fatimah, the daughter of Abu Hubeisha, came to the Prophet (peace and blessings of Allaah be upon him) and said: “Messenger of Allah! I am a woman who suffers from constant bleeding and is not cleared of it. Shall I leave prayer? The Prophet, may Allah bless him and grant him peace, said: "Not. It's just a wound, not a period. And if menstruation came to you, then leave the prayer, and if it left, then wash the blood
(take the ghusl - approx. per.) and then pray."
(Agreed).
In this hadith, there is no order for her to take ablution before each prayer, but there is only an order to take ghusl after menstruation. But taking ablution before each prayer is safer for her, even if she did not spoil it in other ways.
Note: addition from al-Bukhari: “Then take ablution for every prayer.” - the words of ‘Uruy, introduced into the hadith (mudraj of ‘Uruy). Al-Bayhaqi said: “And in this hadith, an additive was transmitted that is not preserved, that is, from the words of the prophet, peace and blessings of Allah be upon him”("al-Kubra"). Ibn Rajab said: “And it is right that this addition is introduced into the hadith (mudraja) from the words of ‘Uruy”("al-Fath"). Ibn Hajar said after bringing this addition from al-Bukhari in Bulug al-Maram: "Muslim pointed out that he did not bring her intentionally."
236. Exit of menstrual and postnatal blood - spoils ablution, moreover, spoils the ghusl.
237. Washing one who is ill with incontinence of urine or gas - they take wudu before each prayer after the entry of the prayer time, immediately before performing the prayer, because the release of urine or gases in the base spoils the wudu unanimously. Therefore, he takes ablution before prayer.
Note: it came from al-Bayhaqi (1 vol./357 pp.), ‘Abdur-razzak (1 vol./151 pp.) with a reliable isnad that the companion Zeyd ibn Thabit was ill with this disease. He took ablution and then prayed while he was urinating.
238. Exit of lubricant during sexual arousal (ointment) - spoils ablution. The argument is the hadith ‘Ali (given in the chapter on impurities). Riwayat al-Bukhari: “After it you need to take ablution” indicates the obligatory ablution more than Muslim's Riwayat: "Wash your penis and take a bath" .
239. Is it necessary to wash the genitals and ovaries before washing after the release of the lubricant? - if the lubricant is visible, then yes, if not, then it is desirable (mustahabb).
«تغسل من ذلك فرجك و أنثييْك و توضأُ وُضوءك للصلاة »
Order- the hadeeth of ‘Abdullah ibn Sa’d al-Ansari, that one day he asked about the ointment, and the prophet, peace and blessings of Allah be upon him, answered: “You need to wash the genitals and testicles from this, and then take a bath.”
(Abu Dawud). He is in as-Sahih ul-Musnad of Sheikh Mukbil.
Argument leading to desirability - Hadith 'Ali. After all, you can’t hide anything during the issuance of a fatwa, and in the fatwa for ‘Ali there was no order to wash the testicles.
240. Is grease impure - Yes.
241. If grease gets on clothes - it is enough to sprinkle water on this place, but it is better to wash it.
«كنت ألقى من المذي شدة و عناءً فكنت أكثر الاغتسال فذكرت ذلك لرسول اللهﷺ فقال: إنما يجزئك من ذلك الوضوء قلت: يا رسول الله! فكيف بما يصيب ثوبي منه؟ فقال: يكفيك أن تأخذ كفّا من ماء فتنضح به ثوبك حيث ترى أنه قد أصاب منه»
Argument Sahl ibn Hunayf hadeeth: “I was greatly tested by lubrication (ointments) and often took ghusl from this. Once I mentioned this to the Prophet (peace and blessings of Allaah be upon him) and he said: "You have had enough of this ablution." I said: “Messenger of Allah! But what about the clothes she got on? He replied: “You just need to take the palm of your hand and sprinkle it on your clothes, in the place where you see that it got there.” (Abu Dawud). Good.
242. Fluid coming out after urination (wadi) - spoils ablution.
243. Does ablution spoil a woman's kiss or touch? - No.
Argument- the absence of an argument for the need for ablution. As for the verse:
﴿ أَوْ لَامَسْتُمُ النِّسَاءَ ﴾
"... or you touched women."— .
It means sexual intercourse, as Ibn ‘Abbas said about it.
Note: the hadith of ‘Aisha that once the prophet, or you touched women, kissed some of his wives, then went out to perform namaz and did not take ablution after this (Ahmad) - weak. Ibn Hajar (Bulug al-Maram) said: "Al-Bukhari called him weak." In it: ‘Urua ibn uz-Zubayr al-Muzani (transmits from ‘Aisha) is an unknown transmitter (majhul).
244. Conviction is not annulled by doubt is an important rule.
«إذا وجد أحدكم في بطنه شيئا فأشكل عليه: أخَرج منه شيء أم لا؟ فلا يخرجنَّ من المسجد حتى يسمع صوتا أو يجد ريحا»
Argument- hadeeth of Abu Hurairah marfu'an: “If one of you feels something in his stomach, and this causes him to doubt whether something came out of him or not, then let him not leave the mosque until he hears a sound or feels the release of gases.” (Muslim).
245. Exhalation of gases, urine and feces spoils a small ablution - unanimously, if urine and feces come out of the natural passages.
246. Excretion of urine and feces not from natural passages - they spoil the ablution if what came out is really urine and feces, and not just undigested food.
247. Excretion of blood, worms, stones, hair, etc. from two passes - basically does not spoil the wudu, but if all this comes out with the accompaniment of urine or feces, then it spoils the wudu.
Argument- the absence of an argument for the annulment of ablution.
Note: the rule of some scholars of fiqh - "Everything that comes out of two aisles spoils ablution" has no argument in Sharia.
248. Exhalation of air from the penis of a man and a woman - does not spoil ablutions.
249. Touching the male genital organ - does not spoil the ablution, but it is desirable to take it again (mustahab).
Argument- gathering between hadiths.
«مَنْ مَسَّ ذكره فلْيتوضأْ»
1) Order- Hadith of Busra of Safuan's daughter Marfu'an: "Whoever touches his (male) sexual organ, let him take a bath." (Five) Reliable. Sheikhs al-Albani and Mukbil called him reliable.
«قال: الرجل يمس ذكره في الصلاة أعليه الوُضوء؟ فقال: لا إنما هو بَضْعَةٌ منك»
2) Takes away from obligation - Hadith Talq ibn ‘Ali: “One person said: “If a person touches his genitals during prayer, does he need to take ablution?” The Prophet (peace and blessings of Allaah be upon him) replied to him: "Not. It's part of your body, after all." (Five). Good.
Sheikh Ibn Khizam said in class: “The isnad of this hadeeth revolves around a transmitter named Qays ibn Talq, about whom some imams said that his memory is strong, and some said that he has a slight weakness in memory. Therefore, by collecting the words of the imams, we can say that he is of the level of a good hadith.”
Note: The scholars accepted the hadith: "There are no two prayers Witr in one night" along with the fact that this is the only hadeeth that came up in the matter of performing several prayers of Witr during the night, and the isnad of this hadeeth also revolves around Qays ibn Talq. Fatwa of sheikhs Mukbil and Yahya al-Khajuri - it is obligatory for him to take ablution. They consider the hadeeth of Talq ibn ‘Ali to be unreliable.
SUMMARY OF THE QUESTION: if a person touches his genitals, then it is advisable for him to take ablution because of the order in the hadith of Busra. The companions from whom their opinions that ablution does not deteriorate are ‘Abdullah ibn Mas’ud, ‘Ammar ibn Yaser, Hudhayfa ibn al-Yaman (Ibn Abi Sheiba). Reliable asars. And also this is the opinion of Ibn ‘Abbas and Abu-d-Darda (Ibn ul-Mundhir). Reliable asars. And asar ‘Imran ibn Hussain is weak about this. In it: discontinuity between al-Hasan al-Basri and ‘Imran ibn Husayn. It spoils - Ibn ‘Umar, Sa’d ibn Abi Waqqas (Ibn ul-Munzir). Reliable asars. And in the asars of ‘Umar, Ibn ‘Abbas and Abu Hureyra (Ibn ul-Mundhir) there is a weakness.
250. Touching the penis with the outside of the hand - does not spoil ablutions.
251. Touching the penis with any part of the hand, but not with the hand - does not spoil.
252. Touching someone else's genitals - does not spoil, but it is desirable to take it again (mustahab). If touching with the inside of the hand does not spoil the wudu, then 250 and 251 are all the more so, but 252 (see the analysis of question 249).
253. A woman touching her genitals - does not spoil, but it is desirable to take ablution.
Argument- an analogy for a man.
Note: hadeeth ‘Abdullah ibn ‘Amr marfu’an: “Whoever touches his penis, let him take a bath, and whatever woman touches his penis, let him take a bath.” (Ahmad, al-Beykhaki) - weak. In it: the ability to skip two transmitters (mu'dal).
254. Touching the anus - does not spoil.
Argument- the absence of an argument that it spoils ablution. And taking ablution after that is not desirable.
255. Touching the part of the body between the leg, abdomen and ovaries, as well as the ovaries - does not spoil.
256. Touching the genitals of an animal - does not spoil.
257. Does vomiting spoil wudoo’ - No.
258. Does belching spoil wudoo’ - No.
259. Does a bleeding from the nose spoil wudoo’ - No.
Argument to questions 257 - 259 - the absence of a reliable argument that it spoils ablution.
Note: Hadeeth ‘Aisha Marfu’an: “Whoever vomits or bleeds from the nose or belches or lubrication (ointments), let him leave the prayer, take ablution, and then continue the prayer from the place where he left off, provided that he does not talk at the same time”
(Ibn Maja) - weak. Ibn Hajar said: "Ahmad called this hadeeth weak"("Bulug al-Maram"). In it: Isma'il ibn 'Ayyash narrates it from Ibn Juraij (a resident of Medina), and if he narrates hadith not from the inhabitants of Sham, then his hadith is weak. In addition, he was mistaken, and it is correct that this hadith is sent (mursal). That is, from the father of Ibn Jureij - ‘Abdul’aziz (weak) from the prophet. This hadith was called sick by many hafiz, among them: Ahmad, Abu Hatim, Abu Zur'a, az-Zuhli, Ibn 'Adi, ad-Darakutni, al-Bayhaqi, an-Nawawi, Ibn Dakik al - 'Eid, etc. ( "Badr ul-Munir", "Tankih at-Tahkik").
260. Does ablution spoil eating camel meat? - Yes.
«أن رجلا سأل النبيَﷺ: أتوضأُ من لحوم الغنم؟ قال: إن شئت قال: أتوضأُ من لحوم الإبل؟ قال: نعم»
Argument– 1. The hadith of Jabir ibn Samura marfu'an that once a man asked the prophet, peace and blessings of Allah be upon him: “Do I need to take ablution after eating mutton?” Answered: "If you want". Then he asked: “And after the camel meat?” Answered: "Yes" (Muslim).
«توضؤُا من لحوم الإبل»
2. Hadith al-Bara ibn ‘Aziba marfu’an: "Take ablution after camel meat" (Ahmad, Abu Dawud - “as-Sahih ul-Musnad). Reliable.
Note: 1) Most scholars (jumhur) believe that this does not spoil the ablution. They say that this ruling was part of the ruling to take ablution after what was cooked on fire, and then it was annulled. But this is wrong, because in this hadeeth came the difference between lamb and camel meat. 2) If in broth, intestines, etc. meat is present, ablution is obligatory. But even if there is no meat, it is safer to take ablution.
261. Eating parts of the body of a camel other than meat (liver, hump, intestines, broth) - No. Because the hadeeth came about meat. And the reason for this is "only because of worship" (ta'abbudiya), so there is no place for an analogy. But it is safer to take ablution from eating these things.
262. Does a small ablution spoil the drinking of camel's milk? - No.
Argument Anas hadeeth about those to whom the Prophet (peace and blessings of Allaah be upon him) advised to drink camel urine and milk and did not order them to take ablution after that.
Note: hadeeth Usayd ibn Hudeira marfu'an: “Take ablution after the meat and milk of the camel” (Ahmad) - weak. It contains: 1) Hajjaj ibn Artat (weak and mudallis). 2) ‘Abdurrahman ibn Abi Layla did not hear from Usayd and other reasons.
263. The one who washed the deceased, should he take a small or a big ablution - No.
Argument- lack of evidence for it.
«من غسَّل مَيْتا فلْيغتسلْ و من حمله فلْيتوضأْ»
Note: hadeeth of Abu Hurairah marfu'an: “Whoever washed the deceased, let him take the ghusl, and the one who carried him, let him take a bath” (Ahmad, at-Tirmizi) - unreliable in the form of marfu' (raised to the prophet, may Allah bless him and grant him peace), but it is more correct that he is maukuf (stopped on a companion). They considered him weak in the form of marfu’ Ahmad, Ibn ul-Madini, az-Zuhli, Ibn ul-Munzir (“at-Talkhys”). And they considered it more correct that he is maukuf al-Bukhari, Abu Hatim, al-Beihaki and others (“at-Talkhys”). Ibn Hajar (Bulug al-Maram) said: "Imam Ahmad said: There is nothing reliable on this subject."
264. He who carried the stretcher with the dead, should he take a bath - No.
265. Touching a scroll of the Qur'an without ablution - it is allowed, but it is advisable to take a bath.
«إنما أُمرت بالوُضوء إذا قمتُ للصلاة»
Argument- hadith of Ibn ‘Abbas marfu’an: “I was ordered to take ablution only if I get up for prayer” (Abu Dawud). Approved. And the prohibition decree brings great trouble, especially for a woman during her period. But it is advisable to take ablution, because this is the action of the Salaf, who tried to touch the scroll of the Koran, being in a state of ablution.
«أن في الكتاب الذي كتبه رسول اللهﷺ لعمرو بن حزم: أن لا يمَس القرآن إلا طاهر»
The hadith of ‘Abdullah ibn Abi Bakr that in a letter written by the Messenger of Allah, peace and blessings of Allah be upon him, ‘Amr ibn Hazma: "Let no one touch the Qur'an except a clean one" (Malik in the form of mursal) - good because of the supporting chains. Sheikh Ibn Khizam cited those hadiths that support him in Fath ul-'Allam on page 246 (or go back to the clippings on hadiths in Russian - hadith No. 73). And collecting arguments, we can say that it indicates undesirability.
266. Touching a scroll of the Quran without ablution if the scroll has a cover - can. Those scholars who forbade touching a scroll of the Quran without ablution allowed it if it was wrapped in a cover.
267. Touching religious books, except for the Qur'an, without ablution - can.
Argument- No grounds for prohibition. And if a scroll of the Koran can be touched without ablution, then this is all the more so.
268. If he wants to touch the Qur'an and there is no ablution and no water - it is advisable to take tayammum. Because tayammum (cleansing with sand) is a complete religious cleansing.
269. Remembrance of Allah without wudu or big wudu - allowed.
«كان رسول اللهﷺ يذكر الله على كل أحيانه»
Argument- Hadith 'Aisha: "The Messenger of Allah, peace and blessings of Allah be upon him, always remembered Allah" (Muslim). And Imam al-Bukhari brought him in limbo (mu'allaq).
270. Remembrance of Allah during urination and sexual intercourse - undesirable.
Argument- a collection between the hadith of ‘Aisha (above) and the hadiths, where it came about that the prophet (peace and blessings of Allaah be upon him) was given salam at a time when he had a small need, and he did not answer him.
Note: the one who remembers Allah on such occasions does not get a reward, but the one who leaves it because of the exaltation of Allah gets a reward.
271. Excretion of blood from a person through bloodletting (hijama) or in any other way - does not spoil ablutions.
Argument- Companions often performed prayer with wounds - asar al-Hasana al-Basri at al-Bukhari in a suspended form (mu'allaq).
Note: 1) The hadeeth of Anas that once the Prophet (peace and blessings of Allaah be upon him) made a hijama and prayed without taking ablution (ad-Darakutni) is weak. In it: Salih ibn Muqatil - weak. And also his father and Suleiman ibn Daoud al-Kurashi - both unknown (majkhuli).
2) Hadith of Abu Hureyra marfu'an: “There is no wudu in one or two drops of blood, but wudu must be taken if the blood is fluid” (ad-Darakutni) - weak. In it: Hajjaj ibn Artat - a weak transmitter, and a muddalis who did not explicitly declare.
272. Eating food cooked on fire - does not spoil ablutions.
«أكل كتف شاة ثم صلى و لم يتوضأْ»
Argument- the hadith of Ibn ‘Abbas that once the prophet (peace and blessings of Allaah be upon him) ate a shoulder blade of a lamb, then performed a prayer without taking ablution (Agreed). A similar hadith came from the words of Maymuna and ‘Amr ibn Umayya ad-Damra.
«توضؤُا مما مستِ النار»
Note: 1) Hadith of Abu Hurairah, ‘Aisha and Zeid ibn Thabit marfu’an: “Take ablution after what the fire has touched” (Muslim), then the unanimous opinion of the scholars (who came after a disagreement in this matter) was narrated that there is no ablution after eating food that is cooked on fire (narrated by al-Nawawi and Ibn Qudama).
2) And what some scholars of fiqh convey in books on fiqh that the righteous caliphs believed that after camel meat there is no ablution due to the fact that it is included in what is cooked on fire, then this is a mistake on their part . They mixed up between two different questions. Sheikh ul-Islam said this in Majmu' ul-Fataawa, volume 21/page 13.
273. Does ablution spoil apostasy - Yes. And if he returns to Islam, he is obliged to take the ghusl.
274. Transparent discharge from the genitals of a woman - do not spoil the ablution, but it will be safer to take it.
Argument- there is no argument that this spoils the wudu. And the decision to annul ablution brings great trouble to women who have such discharges.
✴ Assalamu alaikum. Does ablution break the touch of women (wife)?
📝 Answer: Waalaikum assalam wa rahmatullah.
Scholars have long disagreed on this issue.
1⃣ Some have said that any touch on a woman spoils ablution, and this is the opinion of Imams ash Shafi'i, al-Auzai, Ibn Majishun, and Muhammad Ibn Nasr al Marwazi.
📌 Their proof of the word of Allah:
يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ تَقْرَبُواْ الصَّلاَةَ وَأَنتُمْ سُكَارَى حَتَّىَ تَعْلَمُواْ مَا تَقُولُونَ وَلاَ جُنُبًا إِلاَّ عَابِرِي سَبِيلٍ حَتَّىَ تَغْتَسِلُواْ وَإِن كُنتُم مَّرْضَى أَوْ عَلَى سَفَرٍ أَوْ جَاء أَحَدٌ مِّنكُم مِّن الْغَآئِطِ أَوْ لاَمَسْتُمُ النِّسَاء فَلَمْ تَجِدُواْ مَاء فَتَيَمَّمُواْ صَعِيدًا طَيِّبًا فَامْسَحُواْ بِوُجُوهِكُمْ وَأَيْدِيكُمْ
“O you who believe! Do not approach prayer while drunk until you understand what you are saying, and while in a state of sexual defilement until you bathe, unless you are a traveler. If you are sick or on a journey, if any of you came from the latrine, or if you touched women and you did not find water, then go to clean land and wipe your faces and hands.
An-Nisa, 41
2⃣ Other scholars said that touching a woman does not spoil the wudu at all. And this is the word of Sufyan as-Thawri, Ibn al-Mundhir, and also Abu Hanifa and his followers.
They said that the word ملامسة (touch) in the verse means copulation.
And they argued with a hadith from Aisha that the Prophet kissed his wives and then prayed and did not do ablution
And another hadith from Aisha that the Prophet did a prayer when she was sleeping, and her legs interfered with him, and when he did sujud, he touched them so that she would remove them.
3⃣ The third group said that touching a woman with passion spoils ablution, and without passion it does not spoil, and this is the opinion of Imam Ahmad, Ishaq Ibn Rakhawayi, Malik Ibn Anas, Lays Ibn as-Sa'd.
✔ And this opinion is more correct, and this is for the following reasons:
1⃣ As for the answer to those who said that touching a woman spoils wudu in any case, then the hadith of Aisha that the Messenger of Allah did a prayer when she was sleeping, and her legs interfered with him and when he did sujud, he touched them so that she would remove them. (Reported by al-Bukhari). It is a clear dalil that such a touch without passion does not spoil wudu, and any attempt to interpret this hadeeth is weak.
And also, as Imam Ibn al-Mundhir and Hafiz Ibn Abdul Barr said, all scholars are unanimous that whoever hits a woman, or who kisses his mother out of mercy and love for her - his ablution does not deteriorate, and this indicated that touch without passion does not spoil the ablution.
2⃣ As for the answer to those who say that touching a woman does not spoil ablution at all, it will be said: Allah, Holy and Great is He, made “al-lams” اللمس or “al-mulyamasa” الملامسة spoil ablution, and this is touch in Arabic , and copulation is only one of its types, and the words of the Qur'an have a general meaning until Dalil comes from the Qur'an, Sunnah, ijma and asar to exclude something from this generalization.
And the hadith of Aisha came that the Messenger of Allah touched her leg asking her to move, and based on this, we excluded from the touches spoiling the ablution those touches that will be without passion, the rest remains within the meaning of the verse.
As for the hadith with which you argued that the Prophet kissed his wives and then prayed, this hadith is extremely weak.
An Nawawi said:
وأما الجواب عن احتجاجهم بحديث حبيب بن أبي ثابت فمن وجهين أحسنهما وأشهرهما أنه حديث ضعيف باتفاق الحفاظ، ممن ضعفه سفيان الثوري ويحيى بن سعيد القطان وأحمد بن حنبل وأبو داود وأبو بكر النيسابوري وأبو الحسن الدارقطني وأبو بكر البيهقي وآخرون من المتقدمين والمتأخرين
“As for the hadith of Habib Ibn Abi Thabit and their argumentation to him, the answer is from two sides, and the best and most famous of them is that this hadith is weak in the unanimous opinion of the hafiz. Among those who weakened him are Sufyan as-Thawri, Yahya Ibn Saeed al Qattan, Ahmad Ibn Hanbal, Abu Daud, Abu Bakr an-Naisaburi, Abu al Hasan ad Darakutni, Abu Bakr al Beihaqi, and others from the ancient and later hafiz of the hadith.
With the name of Allah the Merciful, the Merciful
Praise be to Allah - the Lord of the worlds, peace and blessings of Allah be upon our Prophet Muhammad, members of his family and all his companions!
1. Coping with small and great needs.
Allah Almighty said: "...if any of you came from the restroom..."(al-Maida 5:6).
Imam Ibn al-Mundhir said: “Scholars are unanimous that the management of small and large needs violates ablution.” See al-Ijma' 17.
2. The exit of gases from the anus.
It is reported that after Abu Hurairah (may Allah be pleased with him) narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said: “Prayer will not be accepted from the defiled until he performs ablution” , one person asked: “And what is defilement (hadath), O Abu Hurairah?” To which he replied: "Quiet or loud emission of winds." al-Bukhari 135.
Imam Ibn al-Mundhir said: “Scholars are unanimous that the release of gases from the anus disrupts ablution.” See al-Awsat 1/137.
3. Isolation of mani, ointment and wadi.
Mani- this is sperm;
Ointments- lubricant released during excitation;
wadi- a white liquid that usually stands out after coping with a small need.
‘Ali ibn Abu Talib (may Allah be pleased with him) said: “A liquid (ointment) often stood out from me, and once I asked al-Miqdad to ask the prophet (peace and blessings of Allah be upon him) about this, to which he replied:“One should wash the genitals and perform ablution” ”. al-Bukhari 132, Muslim 303.
Ibn ‘Abbas (may Allah be pleased with him) said: “After the release of the mani, it is necessary to perform a full ablution (ghusl), and after the release of the ointment and wadi, it is necessary to perform a small ablution. One should wash the head of the penis and perform ablution.”‘Abdur-Razzaq 610, al-Bayhaqi 1/115. Isnad is authentic.
4. Deep sleep.
There are eight opinions regarding whether wudu breaks sleep or not, and what kind of sleep should be in order for wudu to be spoiled. However, the strongest is the opinion of those scholars who say that sleep makes ablution unambiguously invalid, whether a person fell asleep sitting or lying down, if he fell asleep so that he stopped hearing voices.
From ‘Ali ibn Abu Talib it is reported that the Messenger of Allah (peace and blessings of Allah be upon him) said: “The eye is the guardian of the anus, and whoever falls asleep, let him perform ablution.” Ibn Majah 887, Abu Dawud 203. Hafiz al-Munziri, Ibn al-Sallah, Imam an-Nawawi and Sheikh al-Albani called the hadeeth good.
Safuan ibn Assal said: “When we went on a trip, the Messenger of Allah (peace and blessings of Allah be upon him) ordered us not to take off our socks for three days and nights, neither after the departure of a small or great need, nor after sleep. They had to be removed only in case of sexual defilement.” an-Nasai 1/32, at-Tirmidhi 3535, Ibn Majah 478. Imam Abu Isa at-Tirmidhi, Ibn Khuzayma and Sheikh al-Albani confirmed the authenticity of the hadith.
Abu Hurairah said: "He who is sound asleep must take a bath." al-Bayhaqi, see al-Awsat 1/145. The authenticity was confirmed by Imam ad-Darakutni.
Those. the management of small and great needs, as well as sleep, violate wudu, but do not violate the mask (rubbing over the socks), and therefore it is permissible to perform a mask during wudu. However, sexual defilement violates the maskh and they must be removed in order to perform a full bath (ghusl).
However, if a person falls asleep slightly, then his ablution is not disturbed. Ibn ‘Abbas (may Allah be pleased with him) said that “Once he performed a night prayer with the prophet (peace and blessings of Allah be upon him) and when he fell asleep, the prophet (peace and blessings of Allah be upon him) took him by the earlobe. And so they made eleven rak'ats." Muslim 1/185.
Ibn ‘Abbas also said: “Wudu is obligatory for everyone who has fallen asleep, except for those who doze off a little.”‘Abdur-Razzak 479. Isnad is good.
As for the hadeeth of Ibn ‘Abbas: “Once the Prophet (peace and blessings of Allaah be upon him) fell asleep and slept until he began to snore, and then woke up and began to pray without performing ablution” al-Bukhari 138, this was an exception only for the Messenger of Allah (peace and blessings of Allah be upon him), as Imam al-Nawawi said, because he controlled himself during sleep, because his eyes were asleep, but not his heart, as the prophet himself said ( peace and blessings be upon him).
5. Intoxication, loss of consciousness, insanity.
If a person fainted, or lost his mind, or was drunk, then in such cases his ablution is violated according to the unanimous opinion of scholars (ijma’), as Imam Ibn al-Mundhir said about this. See al-Awsat 1/155.
6. Eating camel meat.
Jabir ibn Samur (may Allah be pleased with him) said: “Once a man asked the Prophet (peace and blessings of Allaah be upon him): “Should I perform ablution after eating lamb?” The Prophet (peace and blessings of Allah be upon him) said:"If you want". He asked: “Should I perform ablution after eating camel meat?” The Prophet (peace and blessings of Allah be upon him) said:"Yes" ”. Muslim 1/285.
It is also reported from al-Bar ibn ‘Azeeb that the Prophet (peace and blessings of Allaah be upon him) said: “Perform ablution after eating camel meat!” Ahmad 4/303. The authenticity of this hadith was confirmed by Imam Ahmad, Ishak ibn Rahawayh, al-Bayhaqi, Imam an-Nawawi, Sheikh al-Albani and others. And Imam Ibn Khuzayma said: “I have not seen any scholars in the field of hadith doubt the authenticity of this hadeeth.” See “Syfa al-udu” 71.
Imam an-Nawawi said: “Imams Ahmad and Ibn Rahawayh said that from the prophet (peace and blessings of Allah be upon him) two hadiths are authentically transmitted about the command to perform ablution after eating camel meat, and this is the hadith of Jabir and al-Bara. This madhhab is stronger than the argument, despite the fact that most scholars contradict it. In response to the hadeeth of Jabir, they say that the last command of the prophet (peace and blessings of Allah be upon him) was to leave ablution after drinking what the fire touched. However, this is a generalized provision, while the hadith about the command to perform ablution after camel meat is concretizing, and the concretizing (hass) is preferred over the generalized (‘amm).” See Sharh Sahih Muslim 4/65.
As for the very common story, which allegedly explains the reason for performing ablution after eating camel meat, it is false, without any basis. This story is as follows: “Once the Prophet (peace and blessings of Allah be upon him) was eating a camel with his companions and smelled gas. Then, embarrassed to say this in front of people and in order not to embarrass the one who let out the gas, he said: “He who has eaten camel meat, let him perform ablution.”
This story is unreliable by the isnad and false from the point of view of the content. See “al-Silsilah ad-da'ifa” 1132.
However, the wisdom of the command of the prophet (peace and blessings of Allah be upon him) to perform ablution after eating camel meat can be contained in the following hadiths:
Khalid ibn Ma'dan reported that the Messenger of Allah (peace and blessings of Allah be upon him) said: “Indeed, camels are made of shaitans, and verily, every camel has a shaitan!” Sa'id ibn Mansur. Hadith is good. See "Sahih al-Jami'" 1579.
The Prophet (peace and blessings of Allah be upon him) also said: “There is a devil on the back of every camel, and when you ride them, remember the name of Allah.” Ahmad, an-Nasai, Ibn Hibban. The hadith is authentic. See Sahih al-Jami' 4031.
However, this does not mean that camel meat is forbidden!
7. Touching the genitals.
Regarding whether touching one's sexual organ breaks ablution, there were several opinions among scholars.
Some scholars believed that touching the genitals unequivocally violates ablution, if there was no barrier between the hand and the genitals. Others believed that touching the genitals does not break ablution at all. Still others believed that touching the genitals does not break wudu, but performing wudu after that is desirable. Fourth said that you should just wash your hands and that's it. Fifths believed that we were talking about the case when touching the genitals was with lust.
The main argument of those scholars who said that touching the genitals violates ablution is the hadith:
‘Urua ibn al-Zubayr said that one day he went to Marwan ibn Hakam and they began to talk about ablution. Marwan said: "He who touches his sexual organ must perform ablution." ‘Urua said: “I don’t know that.” Marwan said: “Busra bint Safuan told me that she heard the Messenger of Allah (peace and blessings of Allah be upon him) say: ”. Malik 1/42/15, Ahmad 6/406, Abu Dawud 181, at-Tirmizi 82, al-Humaidi 352.
The authenticity of this hadith was confirmed by Imams Ahmad, Ibn Ma'in, at-Tirmidhi, ad-Darakutni, al-Bayhaqi, al-Khazimi, Ibn Khuzayma, Ibn Hibban, Ibn 'Abdul-Barr, Ibn Hajar, as-Suyuty, Sheikh al- Albany and more. etc. See “at-Talkhys” 1/123, “Iruaul-galil” 116.
And Hafiz al-Suyuti generally said that this hadith belongs to the category of mutawatir (transmitted in multiple ways), and Qadi Abu at-Tayib said that this hadith was transmitted by nineteen companions from the prophet (peace and blessings of Allah be upon him). See Faydul-Qadir 6/237.
As for those scholars who believed that touching the genitals does not violate ablution, they relied on the following argument:
Talq ibn ‘Ali said: “Once a man asked the prophet (peace and blessings of Allah be upon him): “Should a person perform ablution after touching the genitals?” The Prophet (peace and blessings of Allah be upon him) replied: "No, because it is part of your body" . Abu Dawud 182, at-Tirmidhi 85, an-Nasai 165.
However, unlike the previous hadith about the need to perform ablution when touching the genitals, scholars strongly disagreed on the authenticity of this hadith. Despite the fact that some imams, including Ibn Hibban, at-Tahawi, Sheikh al-Albani, confirmed its authenticity, such scholars as Abu Zur'a, Abu Hatim, ash-Shafi'i, ad-Darakutni, al- Bayhaqi, Ibn al-Jawzi and others considered this hadeeth to be weak. See “Nailul-Autar” 1/191.
And Imam al-Nawawi generally said that scholars are unanimous in the weakness of this hadith. See al-Majmu' 2/42.
However, of course this is a mistake, as the scholars were not unanimous on the weakness of this hadeeth. However, the hadeeth: "He who touches his genitals must perform ablution" more reliable than the hadith Talqa unequivocally! Imam al-Bayhaqi said: “It is enough for the superiority of the hadith of Busra over the hadith of Talqa that the two sheikhs (al-Bukhari and Muslim) did not rely on any transmitter of the hadith of Talqa. As for the narrators of the hadeeth of Busra, al-Bukhari and Muslim relied on all of them!” See “Ma’rifatiu-ssunan wal-asar” 1/234.
Secondly, in one of the versions of the hadith Talqa, which is given by Abu Dawud No. 183, it is reported: “O Prophet of Allah, is ablution violated after touching the genitals in prayer?”
Based on this version of the hadith, it can be assumed that it was about touching the genitals through clothes, since a person who performs prayer does this mainly through clothes. And this opinion is also supported by the hadith: “If any of you touches his genitals not through clothes, then let him perform the same ablution as for prayer.” ad-Darakutni 1/147, al-Bayhaqi 1/133. Hadith is good. See “as-Silsila as-sahiha” 1235.
By the way, Imam ash-Shaukani said about this hadeeth: “This indicates the obligation to perform ablution (after touching the genitals), and this hadeeth refutes the opinion of those who said about the desirability (performing ablution after touching the genitals).” See “Nailul-Autar” 1/192.
Thirdly, Hadith Talqa is the answer to the question, while the hadeeth: "He who touches his genitals must perform ablution" , is a command addressed to the ummah, which is considered a stronger argument!
Fourth, the opinion that touching the genitals violates ablution belongs to the majority of the companions, including ‘Umar ibn al-Khattab, Ibn ‘Umar, Ibn ‘Abbas, Abu Hurairah, ‘Aisha, Sa’d ibn Abi Waqqas. See “al-Awsat” 1/193, “Nailul-autar” 1/189.
Fifth, many scholars who considered the hadeeth Talqa authentic said that this provision, that touching the genitals does not break ablution, is repealed. Imam Ibn Hibban wrote: “The hadith Talqa is canceled because Talq ibn Ali came to the prophet (peace and blessings of Allah be upon him) at the beginning of the first year of the Hijri, when the Muslims were building the mosque of the Messenger of Allah (peace and blessings of Allah be upon him) in Medina. And the hadith, with the command to perform ablution after touching the genitals, is also transmitted from Abu Hurairah. And Abu Hurairah accepted Islam in the seventh year of the Hijri, which indicates that the hadeeth of Abu Hurairah was after the hadith of Talqa. See at-Ta'likat al-hisan 2/389.
Imam Ibn Hazm wrote: “The Hadith Talqa is authentic, however, there is no proof in it for several reasons. Firstly, this hadeeth was relied upon before the command came to perform ablution after touching the genitals, and there is no doubt that this message is canceled (mansuh). Secondly, the words of the Prophet (peace and blessings of Allah be upon him):"It's just a part of your body" , are clear evidence that this was before the command to perform ablution after touching the genitals. And if this happened later, then the prophet (peace and blessings of Allah be upon him) would not have said this, and would certainly have pointed to the previous command.” See al-Muhalla 1/139.
Sheikh Ibn Baz during the lesson "Sharh Bulug al-maram" said: “Touching the genitals did not break ablution at the beginning of Islam, then it was abolished by the hadith of Busra. And the hadith of Busra is more reliable than the hadith of Talqa, and touching the genitals breaks ablution!”
Also, such imams as at-Tabarani in “al-Kabir” 8/402, al-Khazimi in “al-I'tibar” 77, al-Bayhaqi in “al-Khilyafiyat” 2/ 289 and Abu Bakr ibn al-'Arabi in 'Aridatul-Ahuazi 1/117.
And indeed, in fact, in the hadith Talqa, the prophet (peace and blessings of Allah be upon him) made the reason for not violating touching the genital organ that it is part of the body, i.e. it doesn't matter what a person touches on their body. And the hadith: "He who touches his genitals must perform ablution" , must have been after that, since the genital organ remained part of the body, however, the knowledge came to the prophet (peace and blessings of Allah be upon him) that touching the genital organ violates ablution!
Thus, this opinion is the most reasoned and strong of all existing on this subject. And this command applies to both men and women, because in one version of this hadeeth it is reported: "Any man who touches his genitals must perform ablution, and any woman who touches her sexual organ must perform ablution." Ahmad 1/177, al-Bayhaqi 1/132. Isnad of the hadeeth is good.
And 'Aisha said the same thing: “If a woman touches her genitals, then she must perform ablution.” al-Shafi’i 90. Imams al-Bayhaqi and al-Hakim confirmed the authenticity.
And as for the opinion of those who interpreted the word "ablution" in the hadith: "He who touches his genitals must perform ablution" like washing hands, then such an understanding refutes the version: “Let him perform the same ablution as for prayer.” Imam Ibn Habban said: “If these hadeeths dealt with the simple washing of hands, as some people claim, then the prophet (peace and blessings of Allah be upon him) would not have said:"Let him resume his ablution." And such a command applies only to ablution, which must be performed for prayer. See at-Ta'likat al-hisan 2/385.
The scholars, who believe that touching the genitals invalidates wudu, disagreed on the question: "Does any touch invalidate wudu, or is it only conscious?" Those who believed that ablution violates only conscious touch relied on the verse: “There will be no sin on you if you make a mistake, unless you intend to commit such a thing in your heart”(al-Ahzab 33:5).
Other scholars answered this by saying that in such verses and hadiths, which indicate the forgiveness of what was done by mistake, forgetfulness and coercion, it is about the forgiveness of sin, and not about the subsidence of the law. For example, one who let out air in prayer did not commit a sin, but he is obliged to resume ablution and prayer.
Also, scholars who believe that ablution violates only conscious touch, relied on the word: "touched" (Mass), which the Arabs used in relation to what was done consciously. However, in the hadiths about touching the genitals, there is no distinction between conscious and accidental touching. This can be compared with other violations of ablution, such as the accidental release of gases. Imam Ibn al-Mundhir wrote: “It is necessary that those who follow the hadeeth that touching one’s own sexual organ breaks wudu’ should not make a difference between deliberate and accidental touch, as it is in other violations of wudu!” See al-Awsat 1/164.
Wudu breaks only touching one's own sexual organ, for there is no indication that touching another sexual organ or the anus breaks wudu, except by analogy.
8. A small ablution invalidates everything that invalidates a large one (ghusl).
This includes: ejaculation (by any means); sexual intercourse (even if there was no ejaculation); menstruation and postpartum hemorrhage. There is no disagreement among scholars that the violation of a large ablution invalidates a small one. See al-Ijma' 31.
And in conclusion, praise be to Allah - the Lord of the worlds!
Passage of gases, defecation, urination; genital discharge in men and women during sexual arousal and other physiological processes.
2. Bleeding or discharge of pus.
On the issue of violation of ritual purity as a result of bleeding, Islamic theologians have two main judgments. I will give the arguments of the parties.
Those who hold the opinion that ablution is violated (Hanafi theologians), justify it as follows:
It should be noted that "these three, as well as other hadiths on this topic, do not have a high degree of authenticity." Many scientists thought so.
But still, due to the large number of such hadiths, in accordance with the criteria of hadith science, they acquire a level of partial reliability (hasan li gairikhi) and are applicable in religious practice.
Those who hold the opinion that ablution is not violated (Shafi'i theologians) cite a hadith that "The Prophet performed bloodletting [one of the forms of treatment, healing], then prayed without renewing ablution, but only washing the places stained with blood" . As another main argument, Shafi'i theologians cite a case (described in the collection of hadiths by Imam al-Bukhari) about injuring one of the companions of the Prophet right during prayer and completing his prayer in a state when he was bleeding. Their argument is that "the Prophet Muhammad did not tell this person about the need to repeat the prayer, although it is unlikely that he (peace and blessings of Allaah be upon him) was not aware of what had happened."
So, if you are among those who in religious practice follow the actions of the Prophet with the interpretation and canonical emphasis of Hanafi theologians, then you need to know the following:
Continuing to list the reasons that violate small ablution:
3. Vomiting filling the oral cavity.
4. Loss of consciousness.
5. Sleeping in a prone position or leaning on something; as for half-sleep (drowsiness) while sitting, this does not violate the state of ritual purity.
6. Loud laughter of an adult during prayer.
7. The contact of a man and a woman.
Theologians of the Hanafi madhhab believe that the state of ritual purity is not violated when a man touches a woman accidentally, unintentionally, without special sensations (or vice versa). According to the Shafi'i madhhab, when a woman and a man who are not close relatives come into physical contact, the state of purity is violated for both. Women who are close relatives, touching which does not violate the pre-prayer state, are those whom this man is canonically forbidden to marry: mother, paternal and maternal aunts, nieces, sisters, daughters, mother-in-law, etc. (see Holy Quran, 4:23). The wife is one of those women, when touched, the state of ritual purity is violated.
The most rational and best suited to modern realities in this matter is the opinion of an authoritative jurist of our time, Dr. Wahba al-Zuhayli. “I believe,” he writes, “that an accidental touch to a woman (wife and, conversely, a wife to her husband) or a touch that does not cause carnal desire does not violate the state of ritual purity…”
The tactile-emotional facet of the relationship of the spouses is extremely sensual and important, therefore they should be as delicate, insightful and courteous to each other as possible, so that against the background of the desire to constantly maintain ritual purity, there is no cooling in both the spiritual and intimate side of their life together.
The theologians of the Hanafi madhhab believe that the state of ritual purity is not violated by an accidental, unintentional touch on a woman, even if the man receives some pleasure from such a touch.
In the 43rd verse of the 4th sura of the Holy Quran, when listing cases that violate ritual purity, the words “and if you touched women” are used. One of the authoritative commentators of the Koran, Ibn ‘Abbas, believed: “The word“ touched ”in this case means not just an accidental or ordinary touch, but sexual intimacy. It is in this meaning that the Arabs use the expression “va in layamestum” (“and if you touched”).”
There are several hadiths on this subject, transmitted by the wife of the Prophet Muhammad (peace and blessings of Allaah be upon him) ‘Aisha:
- “Sometimes the Prophet kissed one of his wives right before the prayer-prayer, then, without renewing the ablution, proceeded to prayer”;
- “It happened that the Prophet performed a night prayer-prayer, and I lay motionless next to him. When he began to perform Witr, he [sometimes] touched me with his foot. It follows from the above hadith that the Prophet touched his wife during prayer and continued to pray without renewing ablution;
- “[Once] not finding the Prophet in bed at night, I began to look for him in the [darkness] of the room by touch. At some point, my hands touched his feet. He made a long prostration, turning with a prayer: “Lord, I resort to Your favor (to Your satisfaction with me), moving away from Your wrath. And I resort to Your forgiveness, moving away from Your punishment ... ". This hadith also indicates that the state of ritual purity is not disturbed by the touch of a woman.
Shafi'i scholars, on the other hand, argue that the state of ritual purity is violated in all cases of a man touching a woman, regardless of whether this touch is accidental or deliberate. They substantiate this with the above verse and believe that the expression “touched the women” must be taken literally, therefore any touching of a woman violates the state of ritual purity. The hadith about the kiss, given earlier, according to the theologians of the Shafi'i madhhab, is unreliable, therefore it is impossible to use it as an argument.
8. Touching the hand (palm) to the genitals.
This is only a requirement of the Shafi'i madhhab.
In all cases of violation of the state of ritual purity, if the believer wants to pray, it is necessary to perform ablution again.
Although for those who are especially reverent in this matter, it should be noted: Satan seeks out the weaknesses of a person and begins his offensive. It is always worth remembering the theological rule - "conviction is not broken by doubt." For example, a person knows that he recently performed ablution, however, doubting the reality of it (he violated it or not), he is easily removed from doubt precisely by the knowledge that it was performed.
This refers to the discharge in men prior to ejaculation (exit of the seed). After ejaculation, a full bath (ghusl) is required.
There may be such differences, but they do not indicate that the Prophet Muhammad (peace and blessings of Allah be upon him) forgot something somewhere, and also do not say that some scientists know more or less. If both opinions are reasonable and reliable, then each of them is applicable. In such matters, it is easier and more correct for a person to adhere to the opinion of one group of authoritative theologians, so that frivolity and a dismissive attitude do not appear, especially in matters of religious practice.
The scholars of the Hanbali madhhab also talked about the violation of ritual purity due to bleeding, but added: the bleeding should be significant, plentiful, which does not have any limits, but is determined by the person independently. See: Az-Zuhayli V. Al-fiqh al-islami wa adillatuh. In 8 vols. T. 1. S. 268.
See, for example: Az-Zaila‘i D. Nasbu ar-rai li ahadis al-khidaya [Raising the banner for the hadiths (books) “Al-khidaya”]. In 4 volumes. Cairo: al-Hadith, [b. G.]. T. 1. S. 37–43; al-‘Aini B. ‘Umda al-kari sharh sahih al-bukhari [Support of the reader. Commentary on the collection of hadiths of al-Bukhari]. In 20 volumes. Egypt: Mustafa al-Babi, 1972, vol. 2, pp. 351–353; Ibn Abu Sheiba A. Al-musannaf fi al-ahadith wa al-asar [Collection of Hadith and Narratives]. In 8 vols. Beirut: al-Fikr, 1989. Vol. 1. S. 162.
If, during his absence, the worshipers have already performed part of the rak'yaats and he had time before the greeting, then, without making a greeting, the one who left makes up for what he missed during the renewal of the ablution. The only condition is the absence of utterance of words during absence.
The theologians of the Maliki madhhab are unanimous with the Shafi'i theologians on this issue.
This hadeeth is unauthentic (da‘eef). See, for example: Ash-Shavkyani M. Neil al-avtar [Achieving Goals]. In 8 vols. Beirut: al-Kutub al-‘ilmiya, 1995. Vol. 1. S. 207, hadith No. 241.
See: Al-Bukhari M. Sahih al-Bukhari [Code of Hadith of Imam al-Bukhari]. In 5 volumes. Beirut: al-Maktaba al-‘asriyya, 1997. T. 1. S. 82.
Some scholars, such as Imam al-Khattabi, were surprised at such an interpretation of this case, saying that “the question of the impurity (najas) of blood and the fact that its presence on the body or clothing makes it unacceptable to perform prayer in such a state is indisputable.” That is, this already clearly indicates that this person needed to pray again. See: Al-‘Aini B. ‘Umda al-qari sharh sahih al-bukhari. T. 2. S. 352.
For more details, see, for example: az-Zuhayli V. Al-fiqh al-islami wa adillatuh. In 8 vols. T. 1. S. 267, 268; al-Margynani B. Al-khidaya [Manual]. In 2 vols., 4 hours. Beirut: al-Kutub al-‘ilmiya, 1990. Vol. 1. Part 1. P. 15; Amin M. (known as Ibn ‘Abidin). Radd al-mukhtar. In 8 vols. Beirut: al-Fikr, 1966, vol. 1, p. 135; ash-Shurunbulaliy H. Maraki al-falyah bi imdadi al-fattah. S. 36.
According to the Shafi'i madhhab, the cases indicated in paragraphs 2 and 3 do not violate the state of ritual purity. See: Az-Zuhayli V. Al-fiqh al-islami wa adillatuh. T. 1. S. 270.
Laughter during prayer, which is heard by both the laughing one and his neighbor, violates both the prayer itself and requires a new ablution. Laughter, which is heard only by the laugher, breaks the prayer. As for the smile, it does not violate either the prayer or the state of ritual purity. This provision proceeds only from the requirements of the Hanafi madhhab. See: Majduddin A. Al-ihtiyar li ta'lil al-mukhtar [Choice to explain the chosen]. In 2 volumes. Cairo: al-Fikr al-‘arabi, [b. G.]. T. 1. S. 11.
See: Az-Zuhayli V. Al-fiqh al-islami wa adillatuh. T. 1. S. 274; Al-Jaziri A. Al-fiqh ‘ala al-mazahib al-arba‘a [Islamic law according to the four madhhabs]. In 5 vols. Beirut: al-Kutub al-‘ilmiya, 1990, vol. 1, p. 76.
Hadith from ‘Aisha; St. X. Ahmad, Abu Dawud, at-Tirmidhi and Ibn Maja. See, for example: as-Suyuty J. Al-jami‘ as-sagyr. S. 438, Hadith No. 7124, "Hasan"; ash-Shawkyani M. Neil al-avtar. In 8 vols. T. 1. S. 213, 214, hadith No. 249 and an explanation to it; al-San‘ani M. Subul as-salam (tab‘a muhakkaka, muharraja) [Ways of the world (re-checked edition, with clarification of the authenticity of the hadiths)]. In 4 volumes. Beirut: al-Fikr, 1998. V. 1. S. 132, hadith No. 4/64 and an explanation to it; at-Tirmizi M. Sunan at-tirmizi [Code of Hadith of Imam at-Tirmizi]. Riyadh: al-Afkyar ad-davliya, 1999. p. 33, hadith no. 86, "sahih".
Hadith from ‘Aisha; St. X. an-Nasai. See, for example: ash-Shawkyani M. Neil al-avtar. In 8 vols. T. 1. S. 214, hadith No. 250 and an explanation to it.
Hadith from ‘Aisha; St. X. Muslim and at-Tirmidhi. There. Hadith No. 251 and its explanation.
This does not apply only to close relatives. The number of women close by kinship, touching which does not violate ritual purity, includes those whom this man is canonically forbidden to marry: mother, paternal and maternal aunts, nieces, sisters, daughters, mother-in-law, etc. (see .: Holy Quran, 4:23).
Imam at-Tirmidhi claimed that he heard the words of Imam al-Bukhari about the unreliability of this hadith. See: ash-Shawkyani M. Neil al-avtar. T. 1. S. 214.
For more information about the degree of reliability of this hadith, see: al-San‘ani M. Subul as-salam (tab‘a muhakkaka, muharraja) [Ways of the world (re-verified edition, with clarification of the authenticity of the hadiths)]. In 4 volumes. Beirut: al-Fikr, 1998. V. 1. S. 132, 133, explanation to hadith No. 4/64 in a footnote.
See: Az-Zuhayli V. Al-fiqh al-islami wa adillatuh. T. 1. S. 278.
legal scholars disagreed on this issue. Below are the opinions of the most common madhhabs from the book of the Syrian scholar Wahbyaz-Zuhayli "Fikhul Islam wa adillatuhu" (Islamic law and its evidence).
1. Scholars of the Hanafi madhhab believe that ablution is violated only if the touch occurs without an obstacle (such as clothing) in conditions close to sexual intimacy.
2. In the madhhab of Imam Malik (may Allah be pleased with him), ablution is violated if the touch is accompanied by a feeling of pleasure and passion. There will be a violation of ablution even if the woman touched by the man
is his wife or relative, and even if she has not reached the age of majority.
That is, the violation of ablution when touched in this madhhab occurs under the following conditions: 1. If the toucher was an adult. 2. If the one being touched was passionate and lustful when touched. 3. If the toucher intended to experience pleasure or experienced it when touched.
3. A widespread opinion in the madhhab of Imam Ahmad (may Allah be pleased with him) that ablution deteriorates when the skin of a woman is touched with passion and lust without barrier if the one who is touched usually causes passion. And it doesn't matter if the person being touched is elderly or a relative or a minor girl (who is 7 years old and above) that causes passion when touched. Wudu will also be broken by touching with passion the body of a deceased person. However, touching one's hair, nails or teeth does not spoil wudu'. Also, the touch of a man to a man or a woman to a woman does not spoil the ablution, even if it is accompanied by passion.
Thus, all these three madhhabs (jumhur-majority) They believe that a mere touch without passion does not break wudu'.
The arguments of these madhhabs are:
1. Koran: 6th verse from Suryal-Maid, which refers to the reasons for which it becomes obligatory to perform ablution: "... if you had intimacy with women ..."
In the Arabic version of this verse, intimacy with women sounds like "lams". The word "lams" in Arabic has the meaning of both touch and sexual intimacy. The scholars of the Hanafi madhhab took the second meaning, which is also transmitted from Ibn Abbas (may Allah be pleased with him). It is also narrated from Ibn Sakit (may Allah have mercy on him) that the word "lams" is used in relation to a woman in the sense of sexual intimacy. This meaning is also used by the Arabs. Based on this meaning of the verse and on the hadith narrated from Aisha (which is given below), the Hanafis considered that the word "lams" in this verse means sexual intimacy, and not just touch.
2. It is reported that Aisha (may Allah be pleased with her) said that the Prophet (peace and blessings of Allah be upon him) kissed one of his wives and went out to prayer without performing ablution. (Abu Dawood, Nasai, Ahmad. This hadith is considered a mursal (one of the types of weak hadith). Imam Bukhari also pointed out his weakness.
Also in another hadeeth narrated from Aisha, which was quoted by Imam Muslim in his sahih, it is said that she touched the foot of the prophet from the inside when he prayed.
The scholars of the Hanbali and Maliki madhhabs, having combined the arguments of the above verse and these hadiths, limited the touch that violates ablution to passion.
3. According to the scholars of the Shafi'i madhhab, any touch without a barrier to a woman who is allowed to marry spoils ablution. At the same time, ablution deteriorates both for the one who touched and for the one who was touched, whether it was intentional or accidental. It will also not matter whether it is an old man or an adult woman. Touching the hair, nails and teeth, through clothing or a barrier, does not spoil the ablution.
Conditions under which ablution is violated:
1. Reaching the age at which touch usually causes passion. If they have not reached this age, then touching them does not break ablution.
2. So that they do not belong to each other mahrams (close relatives, marriage between which is prohibited by Sharia). Whether it is a relationship due to breastfeeding, or marriage, such as the wife's mother.
The reason for the rule of breaking ablution when touched is that touching is usually accompanied by pleasure, which, in turn, causes passion, which is not suitable for the state of a person who is in purification.
Arguments for this madhhab:
1. The word "lams" in the above verse in Arabic has a direct meaning - touch. Whether it's hand or skin on skin.
2. Hadith from Aisha (may Allah be pleased with her), about the fact that the Prophet (peace and blessings of Allah be upon him) kissed one of his wives and went out to prayer without performing ablution, is weak. And the touch in the second hadeeth was interpreted to mean that it could be through a barrier, or that this decision concerned only the prophet (peace and blessings of Allaah be upon him) and does not apply to us.
After the above opinions and their proofs, the author of the book draws a conclusion that seems to him more reliable. Sheikh Zuhaili writes: "And it seems to me that an accidental touch, or a touch without passion and pleasure, does not break the wudu. However, if the touch is accompanied by passion and lust, then it spoils the wudu. And this, in my opinion, is the most reliable opinion."
Magomed Magomedov