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Monday, 12 December 2011

Nullifying Wudoo whilst performing it in Ghusal.

Q; On the time of bathing if v touch our awrah 'dhakar' or see towords it, have v repeat our wazhoo?

A; All-Praise is due to Allah,

The Standing Committee was asked (5/270): is wudoo’ invalidated simply by looking at naked men and women, and is wudoo’ invalidated if a man looks at his own ‘awrah? They replied:

Wudoo’ is not invalidated simply by looking at naked men and women, or by looking at one’s own ‘awrah, because there is no evidence to that effect.

In regards to one nullifying their Wudoo at the time of Ghusal whilst making Wudoo, Al-Haafiz said (1/362): “Al-Bukhaari also understood this to mean that it is waajib when making ghusl to purify oneself from janaabah to wash oneself once, and that the one who does wudoo’ with the intention of making ghusl and then washes the rest of his body does not have to repeat his wudoo’ if he does not do anything to break it [e.g., from amongst the nullifiers of Wudoo.]”

Sheikh Muhammad Saalih Al-Munajid said; Touching the private part without a barrier invalidates wudoo’ according to many scholars among the Sahaabah and those who came after them of the Taabi‘een and the imams, including Maalik, al-Shaafa‘i and Ahmad. They quoted as evidence for that several hadeeths, including the words of the Prophet (blessings and peace of Allah be upon him): “Whoever touches his private part, let him do wudoo’.” Narrated by Abu Dawood (181) and classed as saheeh by al-Albaani in Saheeh Abi Dawood.

Others were of the view that touching the private part does not invalidate wudoo’, as is the view of Abu Haneefah.

Some of the scholars differentiated between touching the private part with desire and without desire. Wudoo’ is invalidated if it is touched with desire, and it is not invalidated if it is without desire.

This is a very strong opinion and was regarded as such by Shaykh Ibn ‘Uthaymeen in al-Sharh al-Mumti‘. He stated clearly that he regarded it as more correct in his commentary on Buloogh al-Maraam.

To sum up: if a person touches his private part, it is mustahabb for him to do wudoo’ in all cases, whether he touched it with desire or not. If he touched it with desire, then the view that it is obligatory (for him to do wudoo’) is very strong.

End quote from al-Sharh al-Mumti‘, 1/234

With regard to touching it from behind a barrier, that does not invalidate wudoo’.

Al-Mardaawi said in al-Insaaf (1/202): The apparent meaning of his words, “touching the private part with his hand”, is that the touching occurs without a barrier, and this is the correct view.

Ibn ‘Uthaymeen said in al-Sharh al-Mumti‘ (1/228): Because if there is a barrier, it is not regarded as touching. End of quote.

(See Islam Q&A Fatwa: 99468)

As to one performing Wudoo with Ghusal in order for it to be correct, the Scholars differed in regards to this matter but the more revised opinion amongst them is that one is required to do so and this view is the one that leans more to the authentic Hadiths of the Prophet (peace be upon him). Thus it is one of the respectable opinions of Ahmad, Ibn Qudaamah said in al-Mughni (1/217): “If he does ghusl once and makes water reach every part of his head and body, and does not do wudoo’, that should be sufficient if he rinses his mouth and nose and has the intention to do ghusl and wudoo’, but in this case is not doing that which is better.” End of quote.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said, as it says in Majmoo’ Fataawa Ibn Baaz (10/173-174): If it is ghusl from janaabah, and the person doing ghusl intends to remove both major and minor impurity, then it is sufficient for both, but it is better for him to wash his private parts, then do wudoo’, then complete his ghusl, following the example of the Prophet (peace and blessings of Allaah be upon him). The same ruling applies to women following menses and nifaas.

But if the ghusl is for another reason, such as ghusl for Jumu’ah or ghusl to cool oneself off or to clean oneself, then it is not sufficient with no need for wudoo’ even if one intends that, because the parts are not washed in sequence, which is one of the essential parts of wudoo’, and because there is no major impurity where minor impurity may be included in the intention (to purify oneself), as is the case with ghusl from janaabah. End quote.

And Allah knows best...

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