Question:
I performed hajj in the year 2012 and when I was performing tawaf qudum, I accidentally touched a man’s hand. Does this invalidate my ablution? Next, how about my tawaf, is it valid?
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Tawaf is a requisite for the worship of hajj and umrah. Without tawaf, then it is not considered as hajj or umrah. As for the valid conditions for tawaf, one must be pure (not in hadas), be free from najis (on his clothes, body and place of tawaf). This is stated in a hadith from ‘Aisyah R.Anha, when once she complained to the Prophet PBUH telling him she is menstruating. Then, the Prophet PBUH said:
افْعَلِي كَمَا يَفْعَلُ الْحَاجُّ غَيْرَ أَنْ لاَ تَطُوفِي بِالْبَيْتِ حَتَّى تَطْهُرِي
"Perform all the ceremonies of Hajj like the other pilgrims, but do not perform Tawaf of the Ka`ba till you get clean (from your menses)."
Sahih al-Bukhari (1650)
According to the above hadith, it is understood that one of the valid conditions of tawaf is being free from hadas. This also means the obligation of ablution if a person wants to perform tawaf.
In the matter of the above question, regarding the invalidity of ablution when there is accident physical contact between a man and a woman, it is a khilaf (matter of difference of opinions) between scholars. We state their opinions as the following:
- The final opinion in madhhab Syafie state that physical contact between a man and woman will invalidate ablution no matter whether it is with or without desire, accidental or otherwise or even if one forgets.
- According to madhhab Hanafi, the ablution is not invalidated if there is physical contact between a man and a woman. This is the opinion of Muhammad bin Al-Hasan al-Syaibani and also the opinion of Ibn ‘Abbas, Tawus, al-Hasan, ‘Ato and the chosen opinion of Ibn Taimiyyah.
- The famous opinion in madhhab Hanbali and Maliki state that physical contact between a man and a woman does not invalidate ablution if it is without desire.
The opinions we presented above is through our research on the scholars. As for the body of authority who are responsible in the matters of hajj for the pilgrims of Malaysia through the 21st Hajj Muzakarah 1426 H state that one could switch from the famous opinion of madhhab Syafie to the marjuh opinion of madhhab Syafie which state physical contact between a man and a woman without desire does not invalidate ablution in masyaqqah (difficulty) and haraj such as the congestion in the place of tawaf and others.
The same is stated in the book Soal Jawab Ibadat Haji, Umrah dan Ziarah (Q&A for the Worship of Hajj, Umrah and Pilgrimage) published by Guidance Division, Tabung Haji which is revised in 2015, on page 205 state:
“Ablution is not invalidated if physical contact is without desire, wherever a person is during the hajj season (in masyaqqah situation). For all worship of which ablution is a valid condition, is valid.”
Hence, we state the same as what has been decided in the 21st Hajj Muzakarah; the ablution is not invalidated according to the marjuh opinion of madhhab Syafie and also the opinion of madhhab Hanbali and Maliki. Thus, the tawaf is valid since the ablution is valid.
Wallahua’lam.