If a woman touches her husband’s penis, does it invalidate her wudoo’?

Question What is the ruling if a woman touches her husband’s penis; does it invalidate her wudoo’? Does it invalidate her wudoo’ whether she touches it with or without a barrier, with or without desire? Does greeting the wife with salaam and touching her invalidate wudoo’, even if it is without desire, and if it…

Question

What is the ruling if a woman touches her husband’s penis; does it invalidate her wudoo’? Does it invalidate her wudoo’ whether she touches it with or without a barrier, with or without desire? Does greeting the wife with salaam and touching her invalidate wudoo’, even if it is without desire, and if it is with desire, does it invalidate it? Does kissing invalidate the wudoo’ of the wife and husband, or does it invalidate the wudoo’ of the one who kisses the other?

Praise be to Allah.

Firstly:

The
scholars (may Allah have mercy on them) differed as to whether touching the
penis invalidates wudoo’ or not. This has been discussed previously in the
answer to question 82759. The most correct view is
that if the touching is done with desire, it invalidates wudoo’.

Secondly:

If a woman
touches her husband’s penis with desire, it invalidates her wudoo’, but if
it is without desire, then it does not invalidate it.

‘Ulaysh
said in Minah al-Jaleel Sharh Mukhtasar Khaleel (1/113): The ruling
on touching the penis of another person depends on whether it was done
deliberately or whether accompanied by desire. End quote.

Thirdly:

If we say
that it does invalidate wudoo’, that is on condition that there is no
barrier. This is the view of the majority. So if a woman touches her
husband’s penis with a barrier, her wudoo’ is not invalidated, even if it is
with desire, because of the report narrated by Abu Hurayrah (may Allah be
pleased with him), according to which the Prophet (blessings and peace of
Allah be upon him) said: “If one of you touches his private parts, with no
barrier in between, then let him do wudoo’.” Narrated by ash-Shaafa‘i in his
Musnad, 1/12; classed as saheeh by Shaykh al-Albaani in Saheeh
al-Jaami‘.

See also:
Haashiyat as-Dasooqi, 1/120; Mughni al-Muhtaaj, 1/1.2);
Mataalib Ooli an-Nuha, 1/143

Fourthly:

If a man
shakes hands with his wife or kisses her, or she kisses him, that does not
invalidate the wudoo’ of either of them, even if it is done with desire, so
long as nothing is emitted. That is because of the report narrated by
‘Aa’ishah (may Allah be pleased with her), according to which the Prophet
(blessings and peace of Allah be upon him) kissed one of his wives, then
went out to pray and did not do wudoo’. Narrated by at-Tirmidhi, 86;
an-Nasaa’i, 1/104; Ibn Maajah, 502

Shaykh
‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) said: … The correct
scholarly view is that it does not invalidate wudoo’ at all. If man touches
his wife or kisses her, it does not invalidate his wudoo’ according to the
most correct opinion, because the Messenger (blessings and peace of Allah be
upon him) kissed one of his wives, then he prayed and did not do wudoo’.
Also, the basic principle is that wudoo’ and purity (tahaarah) remain
intact, and it is not permissible to say that it has been invalidated by
something unless there is proof to that effect, with no counterproof. In
this case there is no proof to indicate that wudoo’ is invalidated by
touching one’s wife at all.

End quote
from Majmoo‘ al-Fataawa, 17/219

And Allah
knows best.

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