Muslim

Hadith Commentary: Benefits and Issues: The purpose of Ibn Abbas radi Allahu anhu is to explain the verse from Surah Najm (الَّذِينَ يَجْتَنِبُونَ كَبَائِرَ الْإِثْمِ وَالْفَوَاحِشَ إِلَّا اللَّمَمَ) (Surah Najm, verse 32): "Those who avoid major sins and indecencies, except for minor faults (lammam)." He intends to clarify the meaning of the word "lammam"—that the sins mentioned in this hadith, apart from the sin of the private part (farj), are "lammam."

From this hadith, it is understood that:
Looking with evil intent,
Lustful conversation and kissing,
Touching a non-mahram woman and walking towards her with the intention of wrongdoing,
All these sins are included in "lammam."
These acts express an inclination towards sin, and their confirmation or denial is done by the private part (farj). That is, if these actions arouse movement and desire in the private part, then it will be considered adultery (zina). If the private part is not affected by these actions, then it will not be considered adultery, although it will still be a wrongful act.

From this, it is also understood that confirmation and denial are not merely the work of the heart and tongue; the actions of the limbs and body parts also indicate confirmation and denial.

Hadith Commentary:
The purpose of Imam Bukhari in mentioning this hadith is to show that Tawus also heard this hadith directly from Abu Hurairah radi Allahu anhu, as is evident from the following narration where it is mentioned through the intermediary of Ibn Abbas radi Allahu anhuma. The correspondence between the chapter and the hadith is clear: the one who commits adultery also does so under the decree (qadar) of Allah.

Hadith Commentary:
(1)
The purpose of Imam Bukhari rahimahullah is to express this reality that every particle of the universe is bound within the iron grip of divine decree (qada wa qadar). Whatever is written in destiny will inevitably come to pass. Thus, in the noble verse it is stated: When, in view of a people’s actions and conduct, it becomes certain and necessary that they will not turn back (from their ways), then Allah ta’ala sends down upon them the whip of His punishment. (: al-Anbiya 21:95) Similarly, regarding the people of Nuh, what was written in destiny prevailed. Despite being given respite, they were not going to believe, so they too had to face destruction.

(2)
From the hadith as well, the vastness of the domain of destiny (qadar) becomes evident: not only good and bad deeds (hasanat and sayyi’at) are written in it, but even their precursors have been recorded. A person thinks that since he has not actually committed adultery (zina) in practice, perhaps the indecent acts he committed beforehand are negligible and thus may not be included in the reckoning of destiny. But this handful of dust (i.e., human being) should be certain that those too are included among the decreed matters. Then, how powerful is the grip of destiny, that even the part of adultery which occurs is by the person’s own choice and will.

(3)
Since the entire body of the adulterer participates in this crime, therefore, every limb must bear its punishment. Perhaps, for this very reason, ritual bath (ghusl) of the entire body has been made obligatory in the state of major impurity (janabah). And Allah knows best.

Hadith Commentary: The meaning is that the desire for adultery (zina) arises in the soul. Now, if one commits adultery with the private part, then the sin of adultery is recorded. But if one refrains from adultery out of fear of Allah, then the desire becomes invalid and false; in this case, forgiveness will be granted.

Hadith Commentary:
(1)
The background of this hadith is that Ibn Abbas radi Allahu anhu was asked about "al-lamam," which appears in the following verse of the Noble Qur'an:
"Those who avoid the major sins and immoralities except for minor sins." (An-Najm 53:32)
In response, he narrated a hadith from Abu Hurairah radi Allahu anhu, in which the preliminaries (initial matters) of a major sin like adultery (zina) are mentioned.
Ibn Abbas radi Allahu anhu intended to clarify that "al-lamam" refers to looking (with desire), speaking, and the arising of the desire for immorality.
These are the preliminaries of immorality.
Ultimately, it is the private part (shameful organ) that plays the fundamental role in either committing or refraining from the act.
(2)
Whatever sin Allah, the Exalted, has decreed for a person since pre-eternity, he cannot escape from it. However, it is a great favor of Allah upon His servant that He has made the preliminaries of adultery (zina) as "al-lamam" and minor sins (saghirah).
As long as the private part does not confirm it, a person will not be questioned about it; but when the private part confirms it, then all minor sins and preliminaries will take the form of a major sin (kabirah).
Hafiz Ibn Hajar rahimahullah writes that in this hadith there is an indication towards the wisdom for which peeping into houses without permission has been prohibited.
This also shows the relevance to the previous chapter.
(Fath al-Bari: 11/32)
And Allah knows best.
(3)
The meaning of this hadith is that the desire for adultery (zina) arises in the heart.
To fulfill this desire, a person may look (with desire) and engage in loving conversation; now, if the private part actually commits adultery, the sin of immorality will be recorded. But if, out of fear of Allah, he refrains from committing it, then the desire becomes false and untrue, and in this case, no sin will be recorded.
And Allah knows best.

Benefits:

The author has deduced from this hadith that ablution (wudu) is nullified by merely touching women.

This is also the position of Ibn Mas‘ud, Ibn ‘Umar, al-Zuhri, al-Shafi‘i, the companions of al-Shafi‘i, and Zayd ibn Aslam rahimahullah. [نيل الاوطار 212/1]

The evidences for the position of these scholars are as follows:

➊ The statement of Allah, the Exalted:

«اَوْلا مَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمُوا» [النساء: 43]

“Or you have touched women and do not find water, then perform tayammum (dry ablution).”

Those who hold this view say that the “touching” (lamastum) in this verse refers to touching women, which is among the nullifiers of ablution, making ablution obligatory. In reality, “touching” (lams) means to touch with the hand. Furthermore, the affirmation of the literal meaning of this word is supported by the qira’ah (variant reading) «او لَمَسْتُمُ النساء», which also clearly indicates mere touching apart from intercourse. Meanwhile, other scholars hold that it is necessary to interpret “touching” in its figurative sense, i.e., intercourse, because there are contextual indicators for this. [نيل الاوطار: 1/ 212، 213]

➋ Mu‘adh ibn Jabal radi Allahu anhu reports: A man came to the Prophet sallallahu alayhi wa sallam and said: O Messenger of Allah! What is your opinion about a man who meets a woman he knows on the road and does with her everything except intercourse that he does with his wife? Upon this, the following verse was revealed:

«وَاَقِمِ الصَّلوةَ طَرَفَى النَّهَارِ وَزُلَفًا مِّنَ اللَّيْلِ» “Establish prayer at the two ends of the day and at some hours of the night.”

Then the Prophet sallallahu alayhi wa sallam said to that man:

«تَوَضًا ثُمَّ صَلِّ» “Perform ablution and then offer prayer.” [مسند احمد: 244/5، اسناده ضعيف]

However, the hearing (sama‘) of ‘Abd al-Rahman ibn Abi Layla from Mu‘adh ibn Jabal radi Allahu anhu is not established. Therefore, it is not correct to deduce from this narration that touching women nullifies ablution. Similarly, several non-explicit and weak statements have been used as evidence that touching women breaks ablution, whereas, on the contrary, authentic narrations explicitly state that touching women or being touched by women does not break ablution; rather, in the verse, “touching” (mulamasah) refers to intercourse.

1. ‘A’ishah radi Allahu anha reports: One night I did not find the Messenger of Allah sallallahu alayhi wa sallam in bed, so I searched for him and placed my hand on the soles of his feet while he was in the mosque, and both his feet were upright, and he was supplicating:

«اللَّهُمَّ إِنِّي أَعُوذُ بِرضَاكَ مِنْ سَخَطِكَ وَأَعُوذُ بِمُعَا فَاتِكَ مِنْ عُقُوبَتِكَ، وَأَعُوْذُبِكَ مِنْكَ، لَا أُحْصِي ثنَاءً عَلَيْكَ أَنْتَ كَمَا أَثْنَيْتَ عَلَى نَفْسِكَ» [مسلم: 486]

2. It is narrated from ‘A’ishah radi Allahu anha:

«أَنَّ النَّبِيَّ صلى الله عليه وسلم قَبلَ امْرَأَةٌ مِنْ نِسَاءِ هِ ثُمَّ خَرَجَ إِلَى الصَّلَاةِ وَلَمْ يَتَوَضًا»

“The Prophet sallallahu alayhi wa sallam kissed one of his wives, then went out to pray and did not perform ablution.”

[ابو داؤد: 179، ترمذي، 86، نسائي: 170، ابن ماجه: 502، احمد: 210/6، الباني رحمہ اللہ نے اس كي سند كو صحيح قرار ديا هے]

3. ‘A’ishah radi Allahu anha says:

«كُنْتُ أَنَامُ بَيْنَ يَدَى رَسُولِ اللهِ صلى الله عليه وسلم وَرِجْلَايَ فِي قِبْلَتِهِ، فَإِذَا سَجَدَ غَمَزَنِي فَقَبَضْتُ رِجْلَى وَإِذَا قَامَ بَسَطْتُهُمَا»

“I used to sleep in front of the Messenger of Allah sallallahu alayhi wa sallam with my legs in his direction. When he would prostrate, he would touch me with his hand, and I would draw up my legs, and when he stood up, I would stretch them out again.”

[بخاري: 382، مسلم: 512، 272]

These ahadith are evidence that merely touching women does not break ablution; rather, in the verse, “touching” (mulamasah) refers to intercourse.

In these ahadith, there is a statement regarding the permissibility of some rulings abrogating others.

➌ It is correct to accept a solitary report (khabar wahid).

➍ It is permissible to pray a single prayer facing different directions, i.e., if a person, through ijtihad (independent reasoning), determines a direction and begins prayer facing it, then during the prayer his ijtihad changes, he may turn and face the new direction. Even if his ijtihad changes four times during the prayer and he changes direction each time, his prayer is still valid, because the people of Quba turned to face the qiblah during prayer. And (after the command of changing the qiblah was revealed) they did not remain upon their previous direction.

➎ The abrogation of a ruling for a legally responsible person (mukallaf) is not established until the abrogating evidence reaches him. [شرح النووى: 8/5]

Takhrij:
[صحيح بخاري 6243],
[صحيح مسلم 6753]

Fiqh al-Hadith:
➊ Looking at something that is forbidden to look at, whether intentionally or unintentionally, has been declared as a form of adultery (zina). If the gaze falls unintentionally, it is excused in the Shari‘ah. However, whoever deliberately looks at a forbidden thing without any valid Shar‘i excuse is considered an adulterer and a criminal. The practice of the believers is that if their gaze suddenly falls upon something disliked, they immediately avert their eyes and seek forgiveness (istighfar).
➋ It is necessary to completely avoid those actions that lead towards sin and disobedience.
➌ Speaking obscenely and mentioning forbidden things is also prohibited. Likewise, watching indecent programs on television and the like, listening to music, filthy, and polytheistic (shirk) songs is forbidden. It is obligatory to protect oneself from all things that are contrary to the Book and the Sunnah.
The statement of Allah, the Exalted, is:
«قُوا أَنفُسَكُمْ وَأَهْلِيكُمْ نَارًا»
“Protect yourselves and your families from a Fire.” [التحريم : 6]
➍ A person should always strive to act upon the Book and the Sunnah day and night, and always avoid all forbidden and disliked matters. If his gaze unintentionally falls upon something forbidden or disliked, he should immediately protect himself and seek forgiveness from Allah. Allah, the Blessed and Exalted, is Forgiving and Merciful; by His grace and bounty, He will forgive all sins, insha’Allah.
Unfortunate are those people who day and night oppose the Book and the Sunnah and remain engrossed in forbidden matters.

Benefits:
In another hadith, the explanation of the mentioned hadith is found:
It is narrated from Sayyiduna Abu Hurairah radi Allahu anhu that the Noble Prophet sallallahu alayhi wa sallam said:
“Every son of Adam has his share of adultery (zina) written for him,” and he mentioned the story, “He said: The hands commit adultery, and their adultery is to touch (unlawfully); the feet commit adultery, and their adultery is to walk (towards unlawful acts). The mouth commits adultery, and its adultery is to kiss (unlawfully).” [سنن ابي داؤد ، رقم : 2153]
In another narration, it is stated:
“The ears commit adultery, and their adultery is to listen (to unlawful things).” [سنن ابوداؤدرقم : 2153]

Imam Nawawi rahimahullah says:
The meaning of the mentioned hadith is that a portion of adultery has been decreed for the son of Adam. Thus, some among them commit actual (real) adultery, that is, inserting one’s private part into another’s private part (which is forbidden).
And some commit metaphorical (figurative) adultery, meaning looking at non-mahram things, or touching them, or listening to them—for example, touching a strange (non-mahram) woman, or kissing her, or going to her with the intention of adultery, or looking at her, and likewise, harboring an evil intention in the heart—these are all types of metaphorical adultery. [شرح مسلم للنووي : ص188]

There are two types of sins: major (kabirah) and minor (saghirah).
Minor sins are those for which the Shariah has not prescribed a legal punishment (hadd).
And major sins are those for which the Shariah has prescribed a legal punishment (hadd or ta’zir).
Minor sins are forgiven by general good deeds; however, the Shariah has also prohibited committing minor sins, and sometimes these minor sins take the form of major sins—when these sins are not considered sins and are made a habit.
From the mentioned hadith, it is also understood that a person should avoid all types of sins.
Describing the limbs of the body as committing adultery is an indication of the abhorrence of adultery, and the end of such people can be extremely bad.
In the Noble Qur’an it is stated «وَلَا تقرَبُوا الزِّنٰي اِنَّه’ فَاحِشَةً وَّسَا َٔ سَبِيلَاً » [الاسراء : 32]:
“And do not go near adultery; indeed, it is an indecent act and an evil way.”