Question:
Assalamualaikum SS Mufti, does the ablution of a man or woman invalidated if there is physical contact with a small girl or boy respectively? Hope for an explanation.
Answer:
Waalaikumussalam wbt,
Alhamdulillah, praise and thanks to Allah for the 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.
In general, in the issue of physical contact between a male and a female, the scholars have three main differing opinions on the matter, which we simplify it as the following:
- Physical contact (skin) between a male and a female does not invalidate the ablution in absolution.
- Absolute invalidation of ablution if there is physical contact between a male and female.
- Physical contact between a male and a female will invalidate the ablution if it is with desire and does not invalidate ablution if it is without desire.
All of the above opinions are based on the statement of Allah SWT:
أَوْ لَامَسْتُمُ النِّسَاءَ
“…or you have contacted women,”
Surah al-Nisa’ (43)
Some scholars hold on to the literal meaning of the verse which state the act of اللمس which is to touch (have contact). Thus, any physical contact that happens between a man and a woman would invalidate both their ablution. Among the arguments used to support this opinion is an Islamic legal maxim:
الأَصْلُ فِي الكَلَام حَقِيقَة
The origin of a statement is through the actual truth (which refers to its true meaning)
Thus, the word ‘contacted’ must be understood with its true meaning and not considered as majaz or figurative speech.
However, there are other scholars who hold the opinion that the word ‘contact’ in the verse refers to a figurative speech which means intercourse that happens between a man and a woman. Hence, mere physical contact does not invalidate ablution, but ablution will only be invalidated if there is intercourse.
This opinion is strengthened with an argument according to an Islamic legal maxim:
إِذَا تَعَذَّرَ إِعْمَالُ الكَلَام علَى الحَقِيقَةِ يُصَارُ إِلَى المَجَاز
“If there is shortcoming to use a statement towards its meaning, then it is changed to figurative speech,”
The reason is they said there are several shortcomings if we place the verse to its literal meaning. Among them are narrations that showed the Prophet PBUH touches his wife and did not retake his ablution.
In a hadith narrated A’isyah R.Anha, where sha said:
أَنَّ رَسُولَ اللَّهِ ـ صلى الله عليه وسلم ـ قَبَّلَ بَعْضَ نِسَائِهِ ثُمَّ خَرَجَ إِلَى الصَّلاَةِ وَلَمْ يَتَوَضَّأْ
“The Messenger of Allah kissed one of his women (i.e., wives), then he went to perform the prayer, and he did not perform ablution.”
Sunan Ibn Majah (502)
According to the above hadith, some scholars specifies a kiss into two. The first is stated as kiss of blessing (out of love) and this does not invalidate ablution. Second, is a kiss with desire, then this type of kiss invalidates ablution.
As for in general, our opinion of this issue according to madhhab Imam al-Syafi’e and the thorough discussion of it can be read in the article AL-KAFI #1118 PHYSICAL CONTACT BETWEEN HUSBAND AND WIFE INVALIDATE ABLUTION? That can be accessed through the link http://bit.ly/30Jslzv
Coming back to the question presented, regarding whether the ablution of a man or woman who has physical contact with a child of opposite gender is invalid or not, we would like to share the opinion of Syeikh Nawawi bin Umar al-Jawi which states:
There are five conditions that will make the ablution of a person through physical contact between a male and a female invalid. We include his opinions with certain additions as the following:
- The physical contact must be between a male and female. Ablution is valid if the physical contact is between people of same gender.
- Skin physical contact. If the contact is on one’s hair, teeth or nails, it does not invalidate ablution.
- The physical contact is between ajnabi. Physical contact of male and female who are mahram does not invalidate ablution.
- The physical contact is skin to skin without anything in between. If there is anything between their skin such as a cloth, then the ablution is still valid.
- The physical contact is between man and woman (adult male and female.) As for physical contact of a man or woman with a child of opposite gender does not invalidate ablution.
Refer Kasyifah Al-Saja, Nawawi bin Umar (pg. 113)
Syeikh Dr Muhammad al-Zuhaili: “Ablution is not invalidated if a person has physical contact with a girl (without desire) or touches the hair, nails or teeth. The ablution is invalidated if a person has physical contact with an elder person of opposite gender even if it is without desire.” Refer Al-Mu’tamad Fi Fiqh Al-Syafie, Al-Zuhaili (1/87).
Conclusion
To close, we state that physical contact of an adult and children does not invalidate ablution if it is without desire. And the meaning of children is those who haven’t reach puberty. Wallahua’lam.
Lastly, we pray that Allah SWT give us a good understanding in practising the religion. Amin.