Musannaf Ibn Abi Shayba 1:947

947. Abd al-A’la ibn Abd al-A’la narrated to us, from Muhammad ibn Ishaq, from Yazid ibn Abi Habib, from Ma’mar ibn Abi Habib, the freed slave of the daughter of Safwan, from Ubayd Allah ibn Rifa’ah ibn Rafi’, who said: While I was with Umar ibn al-Khattab, a man entered upon him and said: "O Commander of the Faithful, this is Zayd ibn Thabit, giving legal opinions to the people in the mosque based on his own opinion regarding the ritual bath (ghusl) for sexual impurity (janabah)." Umar said: "Bring him to me." So Zayd came. When Umar saw him, he said: "O enemy of his own soul, have you reached the point where you give legal opinions to the people based on your own opinion?" He said: "O Commander of the Faithful, by Allah, I did not do that, but I heard a hadith from my paternal uncles, so I narrated it from Ayyub, Ubayy ibn Ka’b, and Rifa’ah." Umar turned to Rifa’ah ibn Rafi’ and said: "Did you used to do that? If one of you had intercourse with a woman and became lazy (i.e., did not ejaculate), he would not perform the ritual bath?" He replied: "We used to do that during the time of the Messenger of Allah, peace and blessings of Allah be upon him, and no prohibition came to us from Allah, nor was there any prohibition regarding it from the Messenger of Allah, peace and blessings of Allah be upon him." He (Umar) said: "And did the Messenger of Allah, peace and blessings of Allah be upon him, know of that?" He said: "I do not know." Umar ordered the gathering of the Emigrants (Muhajirun) and the Helpers (Ansar), so they were gathered for him. He consulted them, and the people suggested that there was no ritual bath required for that, except for what came from Mu’adh and Ali, for they both said: "If the circumcised part passes the circumcised part, then the ritual bath has become obligatory." Umar said: "This is while you are the companions of Badr, and you have differed; so those who come after you will be even more intense in their disagreement." Ali said: "O Commander of the Faithful, there is no one more knowledgeable about this matter of the Messenger of Allah, peace and blessings of Allah be upon him, than his wives." So he sent for Hafsa, and she said: "I have no knowledge of this." Then he sent for Aisha, and she said: "If the circumcised part passes the circumcised part, then the ritual bath has become obligatory." Umar said: "I will not hear of any man who does that (i.e., has intercourse without bathing) except that I will punish him severely."