Does touching a woman with sexual desire nullify ablution?
Chapter on What Nullifies Purification
Al-Mughni
Book of Purification
Primary text
'Ataqmah, Abu 'Ubaydah, an-Nakh'i, al-Hakam, Hammad, Malik, ath-Thawri, Ishaq, and ash-Sha'bi state that ablution is invalidated if a man kisses a woman with desire, but not if he kisses her out of compassion. Ibn Mas'ud, Ibn 'Umar, az-Zuhri, Zayd ibn Aslam, Mak'hul, Yahya al-Ansari, Rabi'ah, al-Awza'i, Sa'id ibn 'Abd al-'Aziz, and ash-Shafi'i mandate ablution upon kissing. Ahmad stated that the people of Medina and Kufa traditionally held that kissing, being a form of touching, invalidates ablution until later when Abu Hanifa appeared among them, leading them to reject it, citing the Hadith of 'Urwah, which they consider mistaken.
Supporting text
A second narration from Ahmad suggests that touching, under any circumstance, does not invalidate ablution. This is the view attributed to 'Ali, Ibn 'Abbas, 'Ata', Tawus, al-Hasan, and Masruq, and it is the position of Abu Hanifah, unless penetration occurs following the touch, based on the Hadith of 'A'ishah where the Prophet (peace be upon him) kissed a wife and proceeded to prayer without ablution. The basis for non-nullification is that obligation requires explicit legal decree, which is absent here, and the verse {or you have touched women} (Quran 5:6) refers to sexual intercourse (Jima'). Additionally, the nullifying touch is linked to the active form of touching (Mufa'alah), implying mutual action or sexual intercourse, not mere contact.