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الفتح الربانی
Fath al-Rabbani
أبواب الوضوءChapters on Ablution
بَابُ حُجَّةِ مَنْ رَأَى عَدَمَ نَقْضِ الْوُضُوءِ بِمَسِّ الذَّكَرِChapter on the Evidence of Those Who Hold That Touching the Penis Does Not Invalidate Ablution
Hadith 789
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَالِثٍ) عَنْ أَبِيهِ قَالَ: قَالَ رَجُلٌ: يَا رَسُولَ اللَّهِ! أَيَتَوَضَّأُ أَحَدُنَا إِذَا مَسَّ ذَكَرَهُ فِي الصَّلَاةِ؟ قَالَ: ((هَلْ هُوَ إِلَّا مِنْكَ، أَوْ بَضْعَةٌ مِنْكَ))
(Third chain) It is narrated from Sayyiduna Talq (may Allah be pleased with him) that a man said: O Messenger of Allah! If one of us touches his private part during prayer, should he perform ablution? The Prophet (peace and blessings be upon him) said: It is only a part of your body, (there is no need to perform ablution because of it).
Brief Explanation
Benefits: … This hadith is well-known through the narration of Sayyiduna Talq, in which it is stated that touching the private part does not invalidate ablution (wudu). There appears to be an apparent contradiction in the content of the three aforementioned ahadith, in that some ahadith mention that ablution is nullified by touching the private part, while others indicate that it is not nullified by this. Based on these narrations, there has been a difference of opinion among the early and later scholars as to whether touching the private part invalidates ablution or not. The preferred view seems to be that ablution is nullified, provided that the manner of touching is such that there is no barrier between the hand and the private part, as is understood from the wording of the narrations of Sayyiduna Busrah and Sayyiduna Abu Hurayrah radi Allahu anhuma. But what is to be done with the narration of Sayyiduna Talq? In light of all the methods of reconciliation and harmonization established by the hadith scholars, the narration of Sayyiduna Busrah will be acted upon. For example:
(1) The narration of Sayyiduna Talq pertains to the situation where there is a barrier between the hand and the private part. This reconciliation appears appropriate, and in this way, it becomes possible to act upon both narrations.
(2) If the chains of transmission are considered, the narration of Sayyiduna Busrah is deemed stronger.
(3) If the matter of precaution is taken into account, then the narration of Sayyidah Busrah radi Allahu anha should be acted upon, in which touching the private part is considered to nullify ablution.
(4) If there is a conflict between permissibility and prohibition, then prohibition is given precedence. The hadith of Sayyidah Busrah radi Allahu anha pertains to prohibition.
(5) If one of the conflicting matters pertains to the original state of exemption (bara’ah asliyyah), then it is considered abrogated. From this perspective as well, the hadith of Sayyiduna Talq radi Allahu anhu is considered abrogated, and the hadith of Sayyidah Busrah radi Allahu anha is considered abrogating and actionable.
In summary, acting upon the hadith of Sayyidah Busrah radi Allahu anha, touching the private part will be considered as nullifying ablution. And Allah knows best.
(1) The narration of Sayyiduna Talq pertains to the situation where there is a barrier between the hand and the private part. This reconciliation appears appropriate, and in this way, it becomes possible to act upon both narrations.
(2) If the chains of transmission are considered, the narration of Sayyiduna Busrah is deemed stronger.
(3) If the matter of precaution is taken into account, then the narration of Sayyidah Busrah radi Allahu anha should be acted upon, in which touching the private part is considered to nullify ablution.
(4) If there is a conflict between permissibility and prohibition, then prohibition is given precedence. The hadith of Sayyidah Busrah radi Allahu anha pertains to prohibition.
(5) If one of the conflicting matters pertains to the original state of exemption (bara’ah asliyyah), then it is considered abrogated. From this perspective as well, the hadith of Sayyiduna Talq radi Allahu anhu is considered abrogated, and the hadith of Sayyidah Busrah radi Allahu anha is considered abrogating and actionable.
In summary, acting upon the hadith of Sayyidah Busrah radi Allahu anha, touching the private part will be considered as nullifying ablution. And Allah knows best.
