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Kissing
does not nullify ablution
Question:
My husband always kisses me when he is leaving the house,
even if he is leaving to the prayer in the mosque. Sometimes,
I feel that he is kissing me in a lustful manner. What is
the ruling concerning his ablution in that case?
Response:
'Aa.ishah narrated that the Prophet (sal-Allaahu
`alayhe wa sallam) kissed one of his wives and then went
to pray without making ablution. This hadeeth clarifies the
question of touching or kissing a woman: does that nullify
ablution or not? The scholars have different opinions on this
point. Some scholars say that it nullifies ablution in all
cases- if one touches a woman it nullifies his ablution in
all cases. Some say that if he touches a woman in a lustful
way it nullifies ablution; otherwise, it does not. Some others
say that it does not invalidate ablution in any case. This
last opinion is the strongest opinion. That is, if a man kisses,
touches or embraces his wife and he does not ejaculate or
release any fluid, then his ablution is not ruined nor is
hers. This is because the principle is that his ablution continues
to be valid until there is some evidence that it has been
nullified. There is no evidence, either in the Qur.aan or
the Sunnah, to show that touching a woman invalidates ablution.
Based on that, if a person touches a woman even without anything
between their skins and even if in a lustful manner or a kiss
or hug, all of that does not nullify the ablution.
Allaah
knows best.
Shaykh
Ibn 'Uthaymeen
Fataawa al-Mar.ah
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