Nasai

1:
The summary of all this is that some of Hisham’s students did not mention any other intermediary between Urwah and Busrah, while some mentioned Marwan as an intermediary between Urwah and Busrah. The narration of those who did not mention any other intermediary between Urwah and Busrah is not disconnected (munqati‘), because it is established that Urwah heard from Busrah. First, Urwah heard it from Marwan as an intermediary, then went to Busrah and confirmed it with her, as is explicitly stated in the narrations of Ibn Khuzaymah and Ibn Hibban.

448. Commentary:

➊ Only this hadith was not heard; otherwise, Hisham’s hearing (sama‘) from ‘Urwah is well-known. In this hadith, the words of «أَخْبَرَنِي أَبِي» are due to an error (wahm) of a narrator. This error is being pointed out.

➋ The details of this issue have already passed previously. Please refer to hadiths: 163, 164, 165 and their benefits and issues. Its summary is that if the private part is touched with the hand without a cloth, ablution (wudu) will be nullified; otherwise, it will not. And Allah knows best.

164. Commentary:

➊ The wording of «أَفْضَى إِلَيْهِ الرَّجُلُ بِيَدِهِ» indicates that touching the private part necessitates ablution (wudu), provided that both the hand and the genital organ are uncovered.

➋ Marwan was the governor of Madinah during the era of Muawiyah radi Allahu anhu. He was a scholarly figure and, according to the hadith scholars, a trustworthy narrator. In terms of age, he was equal to some of the Companions, but due to residing in Ta’if, he was deprived of the honor of narrating directly from the Prophet. After the death of Yazid, he also became caliph, and in fact, until the end of the Umayyad caliphate, his descendants continued to hold the caliphate. Since he became involved in politics, he became a controversial figure.

163. Commentary: The nature of the private part (ʿuḍw makhṣūṣ or sharmgāh) is such that, after touching this area, it is not appropriate to use that hand for eating, reciting the Qur’an, or prayer. Doing so is contrary to sound natural disposition (fiṭrah salīmah); therefore, it is necessary to perform ablution (wudu) after touching it, provided the touch was without a barrier (i.e., without clothing). Some scholars have differentiated between touching with desire (shahwah) and without desire, i.e., if one touches over clothing with desire, then ablution is invalidated. However, according to the majority of scholars (jumhūr ahl al-ʿilm), if one touches over clothing, ablution is not invalidated, but if one touches the bare private part without any barrier, then ablution is invalidated. However, the Ḥanafīs do not consider ablution necessary in any case. Their evidence will be mentioned ahead [حدیث : 165].

Benefits and Issues:
This hadith is absolutely authentic and there is no criticism regarding its chain of transmission.

Thus, its noble status has been described by the leader of the scholars of hadith, Imam al-Muhaddithin Imam Bukhari rahimahullah, in the following manner:
«اصح شيء فى هذا الباب» “Of all the hadiths narrated in this chapter, this hadith is the most authentic.”
↰ This very hadith has been declared authentic by the master of criticism and validation, Yahya ibn Ma'in rahimahullah, Imam Ahmad ibn Hanbal rahimahullah, Ibn Khuzaymah, Ibn Hibban, Daraqutni, Bayhaqi, Abu Hamid ibn al-Sharq, and Hazimi. [نيل الاوطار للشوكاني: 215/1]

Besides this hadith, many other hadiths have also been narrated, but due to fear of length, they are not mentioned here, because «خير الكلام ما قل و دل» and for our support, this one hadith is sufficient.

As for the narration of Talq ibn Ali radi Allahu anhu, the scholars of hadith have criticized it. (See the detailed works.) Even if we assume its authenticity, this hadith is abrogated, because the hadiths of Busrah and others are considered to be later than it. This is because they accepted Islam later than Talq. [كتاب الاعتبار للحازمي: 150]

Furthermore, even if both these hadiths are reconciled, our position is still established. For example, the hadiths of Busrah and others can be applied to touching without a barrier, and the hadith of Talq can be applied to touching with a barrier. Thus, in Sahih Ibn Hibban and others, it is narrated from the Messenger of Allah sallallahu alayhi wa sallam through Abu Hurairah radi Allahu anhu that: «اذا افضي احدكم بيده الي فرجه، وليس بينهما ستر ولا حجاب فليتوضاء» [صحيح ابن حبان 1118] “When any one of you touches his private part with his hand and there is no barrier or covering between them, he should perform ablution (wudu).”

This hadith has been declared authentic by Imam Hakim, Ibn al-Sakan, and Ibn Abd al-Barr. [تحفة الاحوذي: 227/1]

Thus, it is clear that «مس الذكر من غير حائل» is in a state of incomplete ablution. «وهو الحق ان شاء الله تعالىٰ والحق احق ان يتبع ناقص الوضوء».

After this, it should be clear that this ruling is just as applicable to women as it is to men, because they are the counterparts of men, and there is no evidence that would allow us to specify women in this matter. Moreover, in Musnad Imam Ahmad and Bayhaqi and others, it is narrated from the Prophet sallallahu alayhi wa sallam through Abdullah ibn Amr that: «ايما امراة مست فرجها فليتوضا» “Any woman who touches her private part should perform ablution (wudu).” [مسند امام احمد : 223/2، سنن الكبري للبيهقي : 228/1 طبع جديد]

And regarding this hadith, the leader of the scholars of hadith and the physician of hadith in its defects, our master Imam Bukhari rahimahullah, has given the following verdict: «هو عندي صحيح» [كتاب العلل للترمذي]

SH Commentary: EH
◈ Imam Bukhari rahimahullah states that among all the narrations in this regard, this one is the most authentic.
◈ Imam Tirmidhi, Imam Ahmad, Imam Ibn Hibban, Imam Ibn Khuzaymah, Imam Hakim, Imam Daraqutni, Imam Yahya ibn Ma'in, Imam Bayhaqi, Allamah Dhahabi, Hafiz Ibn Hajar, and Allamah Albani rahimahumullah have declared it authentic. [التلخيص الحبير : ص122 ج1] [ارواء الغليل : ص 150 ج1] [مسائل الامام احمد : ص309]
From the Hanafi scholars:
◈ Shawkani Naimwi in [آثار السنن ص 42],
◈ Maulana Usmani in [درس ترمذي ص 305 ج1],
◈ Maulana Abdul Hayy Lakhnawi in [السعادية : ص267 ج1],
◈ and Maulana Banuri in [معاف السنن : ص 295 ج1],
◈ Ibn Humam and Mulla Ali Qari in [مرقاة : ص 341 ج1], have acknowledged the authenticity of the hadith of Busrah.

Benefits and Issues:
In the present issue, there are narrations reported regarding both the breaking and not breaking of ablution (wudu) by touching the private part, and both are authentic.
The hadith scholars reconcile between them by stating that if the private part is touched directly without any barrier, then ablution (wudu) is nullified, but if there is a cloth in between, then ablution is not nullified. Or, if it is touched with lustful intent, then ablution is nullified; if it is not, then it is not nullified.
According to some hadith scholars, the present hadith (of Busrah bint Safwan) abrogates the other hadith (of Talq). It should be noted that this ruling is the same for women as well.

Commentary:
➊
From this it is understood that touching the private parts with the hand breaks ablution (wudu), (if touched without a cloth).

➋
Some scholars have raised the objection regarding this hadith that this is an issue which people frequently encounter, and it pertains to men, yet the only narrator is a woman.
This objection is not worthy of consideration because Imam Tirmidhi rahimahullah, after mentioning this hadith, has stated:
(وَفِي الْبَابَ عَنْ اُمِّ حَبِيْبَة وَاَبِي اَيُّوبَ وَاَبِي هُرَيْرَةَ وََ أَرْوٰي ابْنَةِ اُنَيْسٍ وَعَائِشَةَ وَ جَابِرٍ وَ زَيْدِ بْنِ خَالِدٍ وَ عَبْدِاللّٰهِ بْنِ عَمْرٍ و رَضِيَ اللهُ عَنْهُمْ اَجْمَعِيْن)
That is, this issue is narrated from the above-mentioned eight Companions radi Allahu anhum, among whom are five men and three women.
Some of the hadiths from these Companions are also mentioned in this chapter.
Moreover, this issue is not only for men, but the same ruling applies to women: if a woman touches her private area, she should also perform ablution again.

➌
Some scholars have mentioned a doubt regarding the authenticity of this hadith, that some narrators have mentioned ‘Urwah ibn Busrah, and some have said in the chain: ‘Urwah from Marwan from Busrah.
The reality is that he also heard it directly from Hazrat Busrah radi Allahu anha.
This incident has been narrated in detail by Imam Nasa’i in his Sunan.
When Marwan was the governor of Madinah, one day a discussion began in his gathering regarding things that break ablution.
Marwan said:
Touching the private part also breaks ablution.
‘Urwah said:
It does not break it.
Marwan said to a man present in the gathering:
Go, Hazrat Busrah radi Allahu anha also says the same. (Sunan al-Nasa’i, al-Taharah, Chapter: Ablution from touching the penis, Hadith: 163)
After this, ‘Urwah himself went to Hazrat Busrah radi Allahu anha and heard this hadith directly from her (al-Mustadrak al-Hakim: 1/137, 136).
For further details, see the detailed research of Shaykh Ahmad Shakir on this hadith in Jami‘ al-Tirmidhi.

Benefits and Issues:
➊ This hadith explicitly indicates that ablution (wudu) is nullified by «مَسَّ ذَكَرَ», and this is the preferred opinion, because this is a clear and established ruling in speech, and there is no room for ijtihad (independent reasoning) in it.
➋ Imam Shafi’i, Abu Zur’ah, Abu Hatim, Darqutni, Bayhaqi, and Ibn al-Jawzi rahimahumullah have declared the hadith narrated from Sayyiduna Talq ibn Ali radi Allahu anhu to be weak, and the hadith narrated from Sayyidah Busrah bint Safwan radi Allahu anha to be authentic. As for the statement of Ibn al-Madini that the narration of Talq ibn Ali radi Allahu anhu is better than the narration of Busrah radi Allahu anha, the Imams did not accept this view.
➌ Approximately eighteen Companions radi Allahu anhum have narrated hadiths in support of the narration of Busrah radi Allahu anha. Furthermore, the narrators in the chain of transmission for the hadith of Busrah radi Allahu anha are from those found in the two Sahihs (al-Bukhari and Muslim), whereas not a single narrator in the chain of Talq ibn Ali radi Allahu anhu’s narration is among the narrators of the two Sahihs.
➍ Sayyiduna Abu Hurairah radi Allahu anhu is among those who narrate regarding the nullification of ablution by touching the private part (dhikr). He embraced Islam six years or more after the arrival of Talq ibn Ali radi Allahu anhu, who had come to Madinah at the very beginning (when the Prophet sallallahu alayhi wa sallam migrated to Madinah and the construction of the Prophet’s Mosque began), and then returned to his homeland of Yamamah. Sayyiduna Abu Hurairah radi Allahu anhu entered the fold of Islam at the end of the 6th year of Hijrah. Even in this case, the narration of the Companion who came later is preferred. Note that «مَسّ ذَكَر» (touching the private part) means that if it is touched with the hand without a barrier of clothing, such touching is not correct, and ablution is nullified by it.

Hadith Narrator:
SR Sayyidah Busrah bint Safwan radi Allahu anha. ER The “ba” in Busrah has a dammah (u-sound) and the “sin” is sukun (silent). Her lineage is as follows: Busrah bint Safwan ibn Nawfal ibn Asad ibn Abd al-Uzza al-Qurashiyyah al-Asadiyyah radi Allahu anha. She is counted among the early Companions radi Allahu anhum and among the first to migrate. She remained alive until the era of Amir Mu’awiyah radi Allahu anhu’s rule.