Question
Does touching the hair of the opposite gender invalidate one’s ablution, since it is not skin?
Answer
Direct skin contact between a man and a non-mahram woman invalidates ablution, but touching hair, nails and teeth does not.
Explanation
One of the actions that invalidates ablution is the direct contact of skin between a man and a non-mahram woman, even if it is without any sexual desire.[1] This is based on Allah’s statement:
أَوْ لَامَسْتُمُ النِّسَاءَ
Meaning: "…or had intimate contact with a woman.”
Surah al-Maidah (6)
The meaning of “touch” or “contact” in this verse refers specifically to direct skin-to-skin contact.[2] Skin here excludes hair, teeth, nails and the eyes.[3]
While there is a narration suggesting that ablution is not invalidated by touching a non-mahram woman, this narration is weak. ‘Aisyah RA narrated:
أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَبَّلَ بَعْضَ نِسَائِهِ، ثُمَّ خَرَجَ إِلَى الصَّلَاةِ وَلَمْ يَتَوَضَّأْ
Meaning: “The Prophet (PBUH) kissed one of his wives, then went out to pray without performing ablution again.”[4]
(Narrated by al-Tirmidhi)
Imam al-Tirmidhi commented that this narration cannot be used as evidence, as it has issues in its chain of transmission. Habib ibn Abi Thabit did not hear this narration from ‘Urwah ibn al-Zubair.[5] Although there is an alternative chain in which Ibrahim al-Taymi narrates from ‘Aishah RA, this chain also has issues, as it is uncertain whether Ibrahim al-Taymi heard this directly from ‘Aishah RA.[6] Scholars like Yahya ibn Sa‘id al-Qattan[7] and al-Bukhari hold similar views, with Imam Ibn Hajar noting that al-Bukhari considered this hadith weak.[8]
Furthermore, contact through a barrier does not invalidate ablution even if it is thin, as explained by Imam al-Nawawi in Al-Majmu':
أَنَّ الْتِقَاءَ بَشَرَتَيْ الْأَجْنَبِيِّ وَالْأَجْنَبِيَّةِ ينتقض سواء كان بشهوة وبقصد أم لا ولا ينتقص مَعَ وُجُودِ حَائِلٍ وَإِنْ كَانَ رَقِيقًا
Meaning: “Direct skin contact between a man and a non-mahram woman invalidates ablution, whether with or without desire. However, ablution is not invalidated if there is a barrier, even a thin one.”[9]
Thus, ablution is invalidated by skin-to-skin contact under two conditions: direct skin contact without a barrier and contact with a non-mahram of the opposite gender.[10]
However, if there is doubt as to whether the touched area was skin or something else (such as hair), ablution is still intact according to the Shafi’i school:
ولو شك هل ما لمسه شعر أو بشرة لم ينتقض كما لو وقعت يده على بشرة لا يعلم أهي بشرة رجل أو امرأة أو شك: هل لمس محرما أو أجنبية؟
Meaning: “If one is unsure whether the contact was with hair or skin, ablution remains intact, as it would be if there is doubt whether the skin touched belonged to a man or a woman or whether the person touched was a mahram or non-mahram.”[11]
Conclusion
Based on the above discussion, ablution is nullified by direct skin-to-skin contact without a barrier between a non-mahram of the opposite gender. However, hair, teeth, nails and eyes are not considered part of the skin in this context.
Allah knows best.
References:
[1] Zainuddin Abd Aziz Al-Malbari, Fath al-Mu'in bi Syarh Qurrat al-Ain bi Muhimmat Al-Din, (Dar Ibn Hazam, n.d.), p.60.
[2] Muhamad Hassan Abdul Ghaffar, Syarh Matan Abi Syuja’.
[3] Al-Malbari, Fath al-Mu'in, p.62.
[4] Muhammad bin ‘Isa al-Tarmidhi, Sunan al-Tirmidhi, ed. Ahmad Muhammad Syakir, (Egypt: Syarikah Maktabah wa Matbaʻah Mustafa al-Babi al-Halabi, 1975), 1/133, Hadith no. 86.
[5] Ibid.
[6] Ibid.
[7] Ibid.
[8] Ibn Hajar al-‘Asqalani, Bulugh al-Maram min Adillah al-Ahkam, ed. Mahir Yasin Fahl, (Riyadh: Dar al-Qabs li al-Nasyr, 2014), p.70.
[9] Al-Nawawi, Al-Majmu’ Syarh al-Muhazzab, 2/30.
[10] Muhamad Hassan, Syarh Matan Abi Syuja’.
[11] Al-Malbari, Fath al-Mu'in, p.62.