Musannaf Ibn Abi Shaybah 952 — Those who said that when the two

Sayyiduna Rifa'ah bin Rafi' (may Allah be pleased with him) says: Once I was with Sayyiduna Umar (may Allah be pleased with him) when a man came in and said, "O Commander of the Believers! This is Zayd bin Thabit, who gives people fatwas in the mosque by his own opinion regarding the ritual bath (ghusl) for major impurity (janabah)." Sayyiduna Umar said, "Bring him to me." When he came, Sayyiduna Umar said to him, "O enemy of yourself! Have you reached the point of giving people fatwas by your own opinion?" He said, "O Commander of the Believers! By Allah, I have not done so; rather, I heard some hadiths from these paternal uncles of mine and narrated them onward: Sayyiduna Abu Ayyub, Sayyiduna Ubayy bin Ka'b and Sayyiduna Rifa'ah bin Rafi'." Then Sayyiduna Umar turned to Sayyiduna Rifa'ah bin Rafi' and said to him, "Did you use to do this, that when one of you had intercourse with a woman without ejaculation he would not take a bath?" He said, "We used to do that in the time of the Messenger of Allah (peace and blessings be upon him), but no prohibition about it came from Allah Almighty, nor any forbidding from the Prophet (peace and blessings be upon him)." Sayyiduna Umar said, "Did the Prophet (peace and blessings be upon him) know of this?" Sayyiduna Rifa'ah said, "I do not know." Then Sayyiduna Umar gathered the Ansar and the Muhajirun and consulted them about it, and all the people advised that there is no ghusl in this, except Sayyiduna Mu'adh and Sayyiduna Ali (may Allah be pleased with him), who said, "When the private parts meet, ghusl becomes obligatory." Sayyiduna Umar said, "You are the people of Badr and yet you differ; those after you will differ even more!" Sayyiduna Ali (may Allah be pleased with him) said, "O Commander of the Believers! In my view, no one can know more about this than the pure wives (of the Prophet)." Sayyidah Hafsah (may Allah be pleased with her) was asked about it, and she said she had no knowledge of it. When Sayyidah Aishah (may Allah be pleased with her) was asked, she said, "When the private parts meet, ghusl becomes obligatory." Upon this Sayyiduna Umar said, "If I hear of any man who avoids ghusl even though the private parts have met, I will punish him painfully."