Does touching a woman generally, as implied by the Quranic verse {or you have touched women} (Quran 5:6), nullify ablution?

Chapter on What Nullifies Purification

Al-Mughni

Book of Purification

Book 2 · Issue 4 · Bab 7

Open in Qurani

Primary text

Ablution is invalidated by touching a woman based on the general scope of the verse {or you have touched women} (Quran 5:6). The reality of touching ('Lams') is the meeting of skin. This is supported by the verse referring to the jinn saying, {And we have touched the heaven} (Quran 72:8). Ahmad adopts the position that touching nullifies ablution under all circumstances (a third narration). He asserts that the hadiths regarding kissing without ablution are flawed; Yahya ibn Sa'id dismissed the Hadith of kissing as worthless, and Ahmad believed both hadiths concerning kissing were mistaken because the narrators ('Uthman al-Muzani or Ibrahim al-Taymi) either did not meet 'A'ishah or their chain of narration is faulty.

Supporting text

It is argued that touching without desire is permissible, as the Prophet (peace be upon him) touched his wives during prayer, as seen when 'A'ishah stated he nudged her when intending to prostrate, and when he touched his wife's foot while praying, which implies non-nullification if desire is absent. The nullification is understood to occur only when it leads to the emission of seminal fluid (Madhi or Maniyy), thus the condition of desire is the operative factor. Touching without desire is analogous to touching a female relative with whom marriage is forbidden (Mahram).