Nasai

170. Commentary:

➊ "It is mursal (disconnected)." Although Imam al-Nasa'i rahimahullah has declared this hadith to be disconnected, in Dar Qutni and other collections, this narration is also reported with a connected chain. Therefore, this hadith is a valid proof.

➋ "Both are unreliable." Because Habib's hearing from 'Urwah is not established. This is also the view of Imam al-Tirmidhi and Imam al-Bukhari rahimahumallah. However, Imam Abu Dawud rahimahullah has declared this chain to be authentic, and there are also supporting narrations for this hadith, so this hadith is suitable for use as evidence.

➌ From this narration, it is understood that touching a woman with desire does not break ablution (wudu), provided that no pre-seminal fluid (madhiy) is emitted.

➍ By "some wives," what is meant is specifically 'Aishah radi Allahu anha. See: [سنن الدارقطني : 137/1]

English Commentary:
1:
That is, he (sallallahu alayhi wa sallam) performed the prayer with the previous ablution (wudu),
he did not perform a new ablution after kissing,
in this there is evidence that touching a woman does not break ablution, and this is the preferred opinion.

2:
However, Imam Shawkani in Nayl al-Awtar and Allamah al-Albani in Sahih Abi Dawud (no. 171-172), based on corroborating narrations and supporting evidence, have declared this hadith to be authentic,
and many other scholars have also authenticated this hadith (for details, see the aforementioned references).

3:
"Similar to la shay’"—that is, it is weak.

Note:
(There is a discontinuity (inqita‘) in the chain between Habib ibn Abi Thabit and ‘Urwah, as the author has explicitly stated,
but by being strengthened through corroborating narrations, this report is also authentic.)

Benefits and Issues:
If a husband kisses his wife, it does not affect his ablution (wudu), provided that it does not result in the emission of pre-seminal fluid (madhiy). In Surah An-Nisa, verse 43, and Surah Al-Ma'idah, verse 6, «أَوْ لَامَسْتُمُ النِّسَاءَ» the phrase "if you have touched women..." refers to sexual intercourse (mubasharah).
➋ Imam Abu Dawud rahimahullah has indicated through various chains of narration the difference of opinion regarding the fact that the one who narrates from and explicitly clarifies on the authority of Sayyidah Aisha radi Allahu anha is her own nephew, Urwah ibn Zubayr. For another narrator, Urwah al-Muzani, to have made such an explicit clarification from her is extremely improbable.
➌ Such statements and conversations that have been transmitted between Urwah and Sayyidah Aisha radi Allahu anha are permissible and lawful within the bounds of etiquette among relatives, and since these pertain to legal (shar‘i) matters, their transmission is not objectionable.

(1)
Urwah was the nephew of Aisha radi Allahu anha.

(2)
Kissing or showing affection to one’s wife does not invalidate ablution (wudu), provided that there is no emission of pre-seminal fluid (madhiy).

(3)
This hadith clarifies that in the Noble Qur’an, where the use of water (ablution or ritual bath [ghusl]) is mentioned after touching women, what is meant is sexual intercourse (jima‘), after which ritual bath (ghusl) becomes obligatory.
If water is not available, then perform dry ablution (tayammum).
Some scholars have understood from this verse that even touching one’s wife with desire breaks ablution (wudu), and therefore, in the absence of water, the command for dry ablution (tayammum) has been given.
However, the first opinion is more correct.

(3)
It is also necessary to mention issues related to the private relations between husband and wife, because they too are part of the religion. However, it is more appropriate to use indirect and allusive language when discussing them.
Excessive explicitness is not correct, as it is contrary to modesty.

� Benefits and Issues:EB
➊ This hadith is evidence that merely touching or kissing a woman does not break ablution (wudu).
➋ This narration from Sayyidah Aisha radi Allahu anha is reported by Ibrahim al-Taymi, whereas Ibrahim did not hear anything directly from Sayyidah Aisha radi Allahu anha, so it is mursal. However, the weakness is remedied due to the multiplicity of chains, and in addition, a hadith in Sahih al-Bukhari supports it. And that is: "Sayyidah Aisha radi Allahu anha herself states that the Prophet sallallahu alayhi wa sallam used to perform the night prayer (tahajjud) in the darkness of the night. My feet would be in his place of prostration. Before going into prostration, he would touch my feet with his hand, so I would move my feet away." [صحيح البخاري، باب الصلاة على الفراش، حديث : 382]
➌ From this, it is understood that touching any part of a woman's body does not break ablution (wudu). Similarly, kissing or merely touching does not break ablution, whether it is done with desire or without desire.
➍ Among the Companions radi Allahu anhum, Sayyiduna Ali and Abdullah ibn Abbas radi Allahu anhum hold this view. And among the Imams, this is also the school of Imam Abu Hanifah rahimahullah. However, according to Imam al-Shafi'i rahimahullah, touching a woman breaks ablution (wudu).