Asalaamu alaikum,

Alhamdulillah wa salaatu wasalaamu ala Khaatimu Nabiyyeen (Seal of the
Prophets) wa ala alihi sahbihi wasallim.

The Prophet (SAW) used to mention in his sermons that the best speech is the
Word of Allah and the best guidance is the guidance of Muhammad (SAW). He
also used to say that every innovation is in the hellfire.

So as it was clearly explained by numerous scholars in the posting on
finality of prophethood, there is no doubt that Qadiyanis (commonly known as
Ahmadiyya) are an apostate group and Muslims must be warned about their
efforts in calling to Kufr. May Allah bestow His mercy on our noble Shaickhs
Khattab Bojang and his student Omar BunJeng who have left behind numerous
warnings in all kinds of Gambian languages about the danger of following the
Ahmadiyya. May Allah protect the ones that are continuing this noble legacy.

To proceed. Below is the last part of abulution as performed by the Chief of
the Messengers, after whom there will be no more Prophets (except those who
falsely ascribe the title to themselves such as Ghulaam Ahmad- the Dajjal).
May Allah benefit us with the knowledge and reward Shaickh Shuaib for this
valuable piece of information as well as all those who contributed to it.

The shaickh wrote:

The Reply to Those who Follow Wiping of the Feet Without Washing

(1) Wiping the feet when not wearing anything on the foot is not established
from the Prophet (sallallaahu 'alaihi wa sallam). As for their using as a
proof the reading of the Aayah: wamsahoo bi ru'oosikum wa arjulakum ilaal
ka'bayn: rub your heads and your feet to the ankles...[soorat-ul-Maaidah
5:7] reading (arjulikum) - and saying that the feet are thus connected to
(the command to wipe) the heads - and this is not correct, rather they are
connected to (the order to wash) the hands. As for the reading of the word
(arjulikum) with Kasra of the laam - as-San'aanee says That is for wiping
over the leather socks - as is shown by the Sunnah - and this is the best
interpretation for this particular recital. (As-Subul, 1/58).
(2) The Qur'aan is not to be explained according to the human intellect -
especially in the matters of worship such as Salaat and wudoo , etc. - but
by the Sunnah which explains this Pillar. And there are many such examples
in the Qur'an which the Prophet (sallallaahu 'alaihi wa sallam) explained by
his sayings - and from this is the washing of the feet - and its proof from
the Sunnah has preceded.

(3) If they wish to use the intellect then we say to them: The bottom of the
foot has more right to be wiped than the surface (their saying being the
wiping of the surface), and if they say: Then what about the socks? we say:
That is established from the Prophet (sallallaahu 'alaihi wa sallam) just as
washing the foot is also established in the Sunnah.

(4) Leaving out one of two verbs and sufficing with one of them, as the
Arabs, when two verbs come together having similar meaning and are followed
by things related to them, makes it permissible to mention only one of the
two verbs and attaching those things relating to the second to those
relating to the first which is mentioned - according to what the wording
demands, until it is as if the two are partners with regard to the verb, as
the poet said: I fed it with hay and cold water. And what is meant is: I fed
it with hay and gave it cold water to drink.

(5) The saying of az-Zajjaj (a great scholar of the language): It is
permissible that the wording (arjulikum) has the meaning of 'wash the feet'
as the wording (ilal Ka'bain) conveys that meaning - as the mentioning of a
limit suggests washing just as Allaah ta'ala says ilaal maraafiq [that is
the limit of the elbows is for washing] however, if wiping were intended
then there would be no need for mention of a limit just as Allaah ta'ala
says wamsahoo bi ru'oosikum not mentioning any limit (for wiping the head)
and further the term wiping can be used to mean washing. (Al-Mirqaat,
1/400).

(6) And further, the great majority of scholars have agreed that it is
obligatory to wash the feet and that is reported - and reaches the level of
mutawaatir from the Prophet (sallallaahu 'alaihi wa sallam) as al-Haafiz Ibn
Hajr says; and further it is not established that any of the Sahaabah
differed regarding that - except what is reported from 'Alee, Ibn 'Abbas and
Anas (radhiAllaahu 'anhum) - and it is established that they went back on
that. (Al-Mirqaat. 1/400~.

47. And Abu Hurairah (radhiAllaahu 'anhu) reports that Rasoolullah
(sallallaahu 'alaihi wa sallam) came to the graveyard and said ...they will
come on the Day of Judgement with their blazes shining from the wudoo (It
has preceded, no.7). Meaning the Rasoolullah (sallallaahu 'alaihi wa sallam)
will know from the traces of the washing, as for those who do not wash then
he will not know them on the Day of Judgement.

Ibn Hajr says: And it is established that this shining of the faces, hands
and feet are particular to the Muslim Ummah.

Other Aspects of Wudoo
The Siwaak
The SIWAAK is that which the mouth is brushed with. And it is also called
the MISWAAK, the plural being: SOOK. And the siwaak comes from the Araak
tree and it is a well-known tree. Abu Hanifah said: It is the best of the
trees whose twigs are used for brushing the teeth... smelling of milk. Abu
Ziyaad said: From it is taken there tooth-sticks - from its twigs and roots
- and the best part for that is its roots, and it is broadly spreading..And
Ibn Shameel: The Araak is a tall fine-shoot green tree with many leaves and
branches, having weak wood and growing in hollows - miswaaks are taken from
it, being one of the citrus trees. Its singular is Araak and its plural
Araa-ik. (Lisaan-ul-'Arab, 268).
It is mustahabb (desirable) to use the siwaak at many different times as is
established from the Prophet (sallallaahu 'alaihi wa sallam) that he used to
use the siwaak at every Prayer, and before reading the Qur'an, and before
sleeping and when waking, and when the breath changes - whether fasting or
not - or whether at the start of the day or in the afternoon, and it is a
form of worship which is easy therefore observe it, O my Muslim Brother.

48. And also when making wudoo , as Abu Hurairah (radhiAllaahu 'anhu)
narrates that Rasoolullah (sallallaahu 'alaihi wa sallam) said If I did not
fear to cause hardship to my Ummah I would have ordered them to use the
siwaak with every wudoo. [Reported by at-Tirrnidhee (no.22) who said: Hasan
Saheeh, and Maalik (no.123), Ahmad (4/116), Abu Dawood (no.37) and others.
Al-Albaanee declared it to be saheeh (Takhree; ul Mishkaat, no.390)].

49. And 'Aa'ishah (radhiAllaahu' anhaa) narrates that Rasoolullah
(sallallaahu 'alaihi wa sallam) said The siwaak is a means of cleansing the
mouth and pleasing the Lord. [Al-Bukhaaree reports it in mu'allaq form -
connected by Ahmad, an-Nasaa'ee, Ibn Khuzaimah and Ibn Hibbaan].

Ad-Dalk (Rubbing the Water over the Body Parts):
This is part of the wudoo authentically reported from the Prophet
(sallallaahu 'alaihi wa sallam). Al-Mustawrid ibn Shadad said: I saw
Rasoolullah (sailallaahu 'alaihi wa sallam) when he made wudoo rubbing his
toes with his litle finger. [Saheeh as has preceded].
50. Abdullah ibn Zaid (radhiAllaahu 'anhu) narrates that the Prophet
(sallallaahu'alaihiwasallam) made wudoo and said Rub in this way. [See
Nail-ul-Autaar, 4/39].

51. He (radhiAllaahu'anhu) also narrates that the Prophet (sallallaahu
'alaihi wa sallam) made wudoo with two thirds of a mudd[3] (of water) and
rubbed over his forearms. [Ibn Khuzaimah (no.118), and its isnaad is Saheeh
- and al-Haakim (1/161) reports it by way of Yahyaa ibn Abi Zaa'idah].

Performing the Wudoo in the Order Mentioned in the Ayaah
As for what is narrated regarding the 'order' as mentioned in the Aayah,
then there is nothing to contradict that - and this order is obligatory
(waajib) and it is said: Sunnah. [See Fiqh al Imam Sa'eed ibn al Musayyib,
1/64].
As for what is related with regard to the Prophet's wudoo (sallallaahu
'alaihi wa sallam) then it has been reported sometimes out of the regular
order. And the proof is:

52. Al-Miqdaam ibn Ma'd Yakrib said: I came to the Prophet (sallallaahu
'alaihi wa sallam) with water for wudoo , so he washed his hands three
times, then washed his face three times, then washed his forearms three
times, then washed his mouth and nose three times, then wiped his head and
ears - their outsides and insides - and washed each of his feet three times.
[Ahmad (4/132), Abu Dawood (1/19) with Saheeh isnaad. Ash-Shaukaanee (1/1~5)
said: Its isnaad is good, and it is reported by ad-Diyaa in 'al-Mukhtaarah'.
And al-Albaanee records it in 'as-Saheehah', no.261] .

So this is a proof that he (sallallaahu 'alaihi wa sallam) did not always
stick to the regular order - and this is a proof that it is not obligatory -
however, his sticking to it mostly shows that it is Sunnah. And Allaah Knows
best.

As-Suyooti says as is reported from him in 'Aun al Ma'bood' ( 1/48): It is
used as a proof - that is the aforementioned hadeeth - by him who says that
sticking to the regular order in wudoo is not obligatory as he washed his
mouth and nose after washing his arms.

The author of 'Aun al Ma'bood' says: This narration is 'shaadh'[4] - and
therefore not to be taken in contradiction to the established narrations
which put the washing of the mouth and nose before the washing of the face.

I say: The difference of opinion between the scholars here is with regard to
those parts of wudoo which are Sunnah. As for the obligatory duties - then
they are according to the order mentioned in the noble Aayah, and the best
thing is to perform all of the actions in the way mentioned in the majority
of the ahaadeeth - and Allaah Knows best.

Al-Mawaalaat (Washing Each Part Directly After the Previous one - Leaving no
Time Gap in Between)
Nothing other than this is established from the Prophet (sallallaahu 'alaihi
wa sallam). It is however established that Ibn 'Umar (radhiAllaahu' anhu)
urinated within the market, then made wudoo and so washed his face and hands
and wiped his head, then he was called to pray over a Janazzah so he entered
the mosque then wiped over his leather socks, then prayed over it. [Reported
by Maalik (no.72) and al-Baihaqee (1/84). And 'Ataa didn't see anything
wrong with leaving such gaps whilst making wudoo and it is the saying of
al-Hasan, an-Nakha'ee and the better reported of the two sayings of
ash-Shaafi'ee].
Beginning with the Right
That is washing the right hand before the left - and likewise the feet.
53. 'Aaishah (radhiAllaahu 'annaa) said: Rasoolullah (sallallaahu 'alaihi wa
sallam) used to like to begin with the right in putting on shoes, combing
his hair, in purification and in all of his affairs. [Al-Bukhaaree (al Fath)
1/235, Muslim (no.267) and others].

54. Abu Hurairah (radhiAllaahu'anhu) narrates that the Prophet (sallallaahu
'alaihi wa sallam) said When you dress and when you make wudoo , then begin
with the right. [Abu Dawood (4141), at-Tirmidhee (1766), an-Nasaa'ee (402).
Al-Albaanee declares it to be saheeh].

Economizing in the Use of Water and not Being Wasteful
55. Anas (radhiAllaahu 'anhu) said: The Prophet (sallallaahu 'alaihi wa
sallam) used to make wudoo with a mudd (of water) and make ghusl with a saa'
or up to five mudds. [Muslim (1/156) and others]. A saa' is equal to four
mudds. ( A mudd is that amount of water which is held by the two hands
cupped together.)
If you consider this hadeeth well, O my Muslim Brother, you would feel
ashamed of what some people do these days - one of them opening the water
tap and making wudoo and sometimes talking to his companion whilst the water
is running out - what an excess in wastefulness! So he who does that should
fear Allaah and remember this hadeeth and keep it in mind and follow the
Sunnah with regard to using the water sparingly and not being wasteful - and
here the true following of the Prophet (sallallaahu 'alaihi wa sallam) is
made clear and the true Muslim's belief. It is from the Sunnah for the
Muslim who wishes to make wudoo to have with him a container large enough
for a mudd of water - in order to force himself to return to the following
of the Sunnah.

The Du'aa After the Wudoo
56. 'Umar ibn al-Khattaab (radhiAllaahu 'anhu) said: Rasoolullah
(sallallaahu 'alahi wa sallam) said None of you makes wudoo and completes
the wudoo then says:

Ashhadu anlaa ilaaha illallaahu wahdahu laa shareekalahu washhadu anna
Muhammadan 'abduhu wa rasooluhu (I bear witness that none has the right to
be worshipped except Allaah, and that Muhammad is His slave andMessenger)
except that all eight Gates of Paradise are opened for him - so that he
enters by whichever he pleases. [Reported by Muslim (no.234), Abu Dawood (no
169), at-Tirmidhee (no.55), an-Nasaa'ee (no.148), Ibn Maajah (no.470)].
And at-Tirmidhee adds an authentic addition to it:

Allaahumma aj'alnee minat-tawwabeen waj'alnee minal mutatahhireen (O Allaah,
make me one of those who constantly repents toYou and of those who purify
themselves.) [Declared as Sahih by al-Albaanee].

57. Abu Sa'eed al-Khudree (radhiAllaahu 'anhu) said Rasoolullah (sallallaahu
'alaihi wa sallam)said Whoever makes wudoo then says upon finishing the
wudoo:

Subhaanakallaahumma wa bihamdika ashhadu anlaa ilaaha illa anta astaghfiruka
wa atoobu ilaika (I declare You free from all defects my Lord and all praise
belongs to you and I bear witness that there is none worthy of worship
except You. I seek Your forgiveness and I turn to You) It is written in a
parchment, then sealed and is not opened till Judgement Day. [Reported by
Ibn ar-Sunnee in 'Amal al Yaurn wal-l~ilah, no.30. Declared as Saheeh by
al-Albaanee].

Washing Each Body-Part Once
68. Ibn 'Abbaas (radhiAllaahu 'anhu) said: Rasoolullah (sallallaahu 'alaihi
wa sallam) made wudoo (washing each part) once. [Al-Bukhaaree (al Fath)
1/226].
Washing Each Body-Part Twice
59. 'Abdullaah ibn Zaid narrates that the Prophet (sallallaahu 'alaihi wa
sallam) made wudoo (washing each part) twice. [Al-Bukhaaree (al Fath)
1/226].
Washing Each Body-Part Twice
60. In the hadeeth of'Uthmaan (radhiAllaahu 'anhu) recorded by al-Bukhaaree
and Muslim, he (sallallaahu 'alaihi wasallam) washed each of the parts three
times.
So from these ahaadeeth it becomes clear to us that, as is well-known to the
large majority of scholars, washing each body-part once is obligatory - and
the second and third washings are Sunnah - and it is better to do likewise
following the Sunnah of the Prophet (sallallaahu 'alaihi wa sallam)
['al-Majmoo' of an-Nawawi, 1/229].

The Desirability of Making Wudoo for Each Prayer
Al-Haafiz says in 'al Fath' (1/172) in the question 'Making wudoo without
having broken it':
61. Anas (radhiAllaahu 'anhu) says: The Prophet (sallallaahu 'alaihi wa
sallam) used to make wudoo for every prayer. I said: What had you (the
Sahaabah) used to do? He said: One wudoo was sufficient for us till such
time as we broke it.

This hadeeth is an evidence that what is meant generally is the obligatory
Prayer.

Al-Tahaawee says: It may be that that was obligatory upon him (sallallaahu
'alaihi wa sallam) particularly - then was abrogated on the Day of Fath by
the hadeeth of Buraidah - meaning that which Muslim reports - that he
(sallallaahu 'alaihi wa sallam) prayed all the Prayers on the Day of Fath
with one wudoo and that 'Umar (radhiAllaahu 'anhu) asked him about that so
he (sallallaahu 'alaihi wa sallam) said I did it deliberately. Or it may be
that he (sallallaahu 'alaihi wa sallam) used to do it out of desirability
only, then feared that it might be thought to be obligatory and so left it
to show the permissibility of that.

I say: The result is that making wudoo for every Prayer is mustahabb and
praying all of the Prayers with one wudoo is permissible - and Allaah Knows
best.

The One who is not Sure if he has Broken the Wudoo or not Relies upon that
which he is Certain of
If he who knows that he has made wudoo then is not sure that he has broken
it - then his wudoo remains. And he who knows that he has done that which
breaks wudoo and doubts when he has made wudoo thereafter then he does not
have wudoo . In each case he relies upon that which he is certain of before
that which he has doubt about - and he throws the doubt away. And this is
the saying of the great majority of scholars - and it is the saying of Abu
Hanifah, ash-Shaafi'ee and Ahmad. ['Al-Mughnee', 1/193, and ~iqh ul
Awaaa'ee, 1/56].
62. And the proof for this is what is established from Abu Hurairah
(radhiAllaahu 'anhu) who said: Rasoolullah (sallallaahu 'alaihi wa sallam)
said If one of you feels something in his stomach and he isn't sure did
anything (wind) come out of it or not - then let him not leave the mosque
until he hears a sound or finds a smell. [Muslim (Sharh an-Nawawi, 4/51),
'Aaridat-ul-Ahwadhee Sharh ut-Tirmidhee, 1/79].

So the hadeeth is a proof that things remain upon their original state until
there is a certainty of a change in that, and doubt does not harm that - so
he who is sure of having made wudoo and thinks that he may have broken it,
then he remains upon wudoo .

A Man and Woman's Washing from a Single Vessel
63. Ibn 'Abbaas (radhiAllaahu 'anhumaa) narrates that one of the wives of
the Prophet (sallallaahu 'alaihi wa sallam) took a ghusl from Janaabah then
saw Rasoolullah (sallallaahu 'alaihi wa sallam) about to take a ghusl from
the water remaining - so she informed him that she had made ghusl therefrom
- so Rasoolulah said Nothing makes the water impure. [Reported by Abu Dawood
(no.67), and an-Nasaa'ee (no.326), and at-Tirmidhee who declared it to be
hasan saheeh, and Ibn Maajah (no.370)].
Ibn 'Abd ul-Barr says: There is nothing in the Sharee'ah to prevent each of
them washing with the water remaining from the other - either together or
one after the other, and this is the saying of the scholars of the different
lands and the great majority of scholars - and the ahaadeeth about it are
Mutawaatir. (Al-Istidhkaar, 1/373).

Making Wudoo after Eating Camel Meat
64. Jaabir ibn Samurah (radhiAllaahu 'anhu) narrates that a man asked
Rasoolullah (sallallaahu 'alaihi wa sallam): Should I make wudoo because of
the meat of sheep? He (sallallaahu 'alaihi wa sallam) said If you wish make
wudoo and if you wish then do not make wudoo. He said: Should I make wudoo
from the meat of the camel? He (sallallaahu 'alaihi wa sallam) said Yes,
make wudoo from the meat of the camel. He asked: May I pray in sheep-pens?
He (sallallaahu 'alaihi wa sallam) said Yes. He asked: May I pray in the
stalls of camels? He (sallallaahu 'alaihi wa sallam) said No. [Reported by
Muslim, 1/189].
Drying the Body Parts after Purification
'Uthman ibn 'Affaan, al- Hasan ibn 'Alee, Anas ibn Maalik, al-Hasan
al-Basree, Ibn Seereen, 'Alqamah, al-Aswad, Masrooq, ad-Dahhaak, 'Abdullaah
ibn al Haarith, Abu Ya'laa, Abul Ahwas, Ash-Sha'bee, Ath-Thawree, Ishaaq,
Ibn 'Umar in a narration, and Abu Hanifah, Maalik, Ahmad, and the Shafi'ee
Madhhab in one saying, all say that it is permissible after both wudoo and
ghusl to dry the body-parts. And their evidence is what 'Aa'ishah
(radhiAllaahu 'anhaa) reports - she said: Rasoolullah (sallallaahu 'alaihi
wa sallam) had a cloth which he used to dry himself with after making wudoo
. [Reported by at-Tirmidhee who declared it to be da'eef]. Then al Ainee
states that an-Nasaa'ee records it in 'al-Kunaa' with saheeh isnaad.
I say: And it has other narrations which support and strengthen it. (See
Fiqh al-Imam Sa'eed, 1/70). Al-Albaanee declares the hadeeth to be hasan.
(Saheeh ul Jaami', 4706).

65. Salmaan al-Faarsee narrates that the Prophet (sallallaahu 'alaihi wa
sallam) made wudoo , then turned up a woollen cloak he had and wiped his
face with it. [Reported by Ibn Maajah (no.468)]. In az-Zawaa'id it is said:
Its isnaad is saheeh.

I say: In its isnaad is al-Wadeen ibn 'Ataa who is sadooq but has a bad
memory as al-Haafiz Ibn Hajr says in 'Taqreeb ut-Tahdheeb', so its isnaad is
da'eef!! - but it is strengthened by the previous hadeeth of 'Aa'ishah to
the level of hasan - and Allaah Knows best.

Some others hold it to be makrooh to dry the body-parts after Purification
and their proof is:

66. What is established from Maimoonah (radhiAllaahu'anhaa) who described
the Prophet's (sallallaahu 'alaihi wa sallam) ghusl from Janaabah and said:
Then I brought him a cloth but he refused it. [Al-Bukhaaree, and Muslim -
and the word is his].

The Final word: Is that drying the body-parts is one of the desirable
actions as shown by the hadeeth of Aa'ishah (radhiAllaahu 'anhaa) - as for
the saying that it is makrooh then that is not acceptable as the saying of
Maimoonah (radhiAllaahu 'anhaa) "but he refused it" does not amount to the
fact that it is makrooh - and Allaah Knows best.

Those Things which Break Wudoo
(1) That Which Comes Out from the Two Private Parts (Front And Back):
Abu Hurairah (radhiAllaahu 'anhu) said: Rasoolullah (sallallaahu 'alaihi wa
sallam) said Allaah does not accept the prayer of any one of you having
committed hadath until he makes wudoo. [Al-Bukhaaree (al Fath, 1/206) and
Muslim (no.245)].
67. An-Nawawi says in 'al-Majmoo' (2/3) as for that which comes out of the
two private parts - then it breaks wudoo according to Allaah ta'alas saying:
Aw jaa'a ahadukum min al ghaa'it...: or one of you comes from offices of
nature...[Soorat-ul-Maa'idah 5:7] along with his (sallallaahu 'alaihi wa
sallam) saying There is no wudoo except from a sound or a smell. [Saheeh and
has preceded (Saheeh ul Jaarni' (7443)].

He adds: So that which comes out of the front or back part of a man or woman
breaks the wudoo - whether excretion or urine or wind - or a worm or pus or
blood or stones or anything else and there is no difference in that for
something which happens normally or rarely.

(2) Sound Sleep[5]
68. 'Alee ibn Abi Taalib (radhiAllaahu 'anhu) said: Rasoolullah (sallallaahu
'alaihi wa sallam) said The eye is the drawstring for the anus, so he who
sleeps then let him make wudoo. [Abu Dawood (no.203), Ibn Maajah (no.477),
Ahmad. Declared as Saheeh by al-Albaanee].
In the hadeeth is an evidence that sleep does not in itself something that
breaks wudoo , however the Purification is broken if it is possible for
something to come out from the anus - however if that is restricted, e.g. by
sitting flat on the earth, then that is not the case.

(3) Becoming Unconscious - Other than Sleep
That is the 'intellect' going away by any means because of insanirt or
fainting or intoxication - as in this condition he does not know whether his
wudoo is broken or not. This is the saying of the great majority of
scholars. (Sharh Saheeh Muslim (4/74) and al-Mughnee (1/164)).
(4) Touching the Uncovered Private Parts
69. Abu Hurairah (radhiAllaahu 'anhu) said: Rasoolullah (sallallaahu 'alaihi
wa sallam) said If one of you touches his penis and there is no veil between
him and it nor any cover, then wudoo has become obligatory for him.
[al-Haakim (1/138) and others]. (Al-Albaanee says: hadeeth Saheeh.)
(5) Touching the Penis
70. Busrah (radhiAllaahu 'anhaa) said: Rasoolullah (sallallaahu 'alaihi wa
sallam) said If one of you touches his penis then let him make wudoo.
[At-Tirmidhee (1/18) who said it is hasan saheeh. And also declared as
Saheeh by Ahmad, al-Bukhaaree and Ibn Ma'een (Lum'aat ut-Tanqeeh Sharh
Mishkaat ul Masaabeeh, no.319). Others also narrate it as authentic].
71. Talq ibn 'Alee (radhiAllaahu'anhu) said: Rasoolullah (sallallaahu'alaihi
wa sallam) was asked about a man's touching his penis. Should he make wudoo
? He (sallallaahu 'alaihi wa sallam) said And is it except a part of him?
[At-Tirmidhee (no.85) and he said: And this is the best of what is reported
in this regard]. Al-Albaanee says: Its isnaad is Saheeh, and this (the view
that it doesn't break the wudoo) is established as being that of a group of
the Sahaabah, from them: Ibn Mas'ood, 'Ammaar ibn Yaasir, and because of
these Imam Ahmad gave the choice between this and the one before it.
Shaikh-ul-Islaam Ibn Taimiyyah harmonized the two carrying the first to mean
if he touched it with desire and this upon the touching without desire - and
there is in this hadeeth that which gives that impression and it is his
(sallallaahu 'alaihi wa sallam) saying 'a part of him'. [Al-Mishkaat al
Masaabeeh, notes on nos.3 19 and 320].

(6) Touching a Woman with Desire:

72. A man's touching a woman without desire does not break the wudoo .
'Aa'ishah (radhiAllaahu 'anhaa) says: Rasoolullah (sallallaahu 'alaihi wa
sallam) prayed and I was lying in front of him as in front of a Janaazah, so
when he wished to prostrate I pulled up my leg. [Al-Bukhaaree and Muslim].

73. And in the same way a woman's touching a man without desire does not
break wudoo as is established from 'Aa'ishah (radhiAllaahu 'anhaa): I didn't
find the Prophet (sallallaahu 'alaihi wa sallam) one night so I tried to
find him with my hand - and my hand fell upon his feet which were raised up
as he was making prostration. [Muslim (3/203) and an-Nasaa'ee (l/101)].

So we see from these two hadeeth that merely touching does not break the
wudoo - and Allaah Knows best.

The author of'at-Ta'leeqaat us-Salafiyyah' upon Sunan of an-Nasaa'ee (1/23)
says concerning "he pushed me with his foot": It is well-known that that is
a touching without desire. And so the author uses it as a proof that
touching without desire does not break the wudoo . As for the touching with
desire - its proof is that the wudoo is not broken until a proof is
established that it does indeed break it - and this is enough of a proof to
show that it doesn't break the wudoo for the one who holds that view - and
above and beyond that is a further proof that it doesn't break the wudoo is
the hadeeth of kissing - as normally kissing is not free from touching with
desire.

The author of 'Aun al Ma'bood' (1/69) says regarding her saying "he kissed
me and did not make wudoo"' - It contains a proof that touching a woman does
not break the wudoo as kissing is part of touching and the Prophet
(sallallaahu 'alaihi wa sallam) did not make wudoo (before praying). And
this (that touching a woman even with desire doesn't break the wudoo ) is
the saying of 'Alee and Ibn 'Abbaas and 'Ataa ibn Taawoos, and Abu Hanifah
and Sufyaan ath-Thawree. And this hadeeth is (in itself) da'eef but is
supported by other narrations. And it is mursal - however ad-Daaraqutnee
joins it - and it is (therefore) an authentic (saheeh) hadeeth inshaaAllaah.
(See Nasb ur Raayah, l/70).

The author of 'al-Mughnee' (1/190) says: The touching is not in itself
something which breaks wudoo but breaks wudoo as it leads to prostratic
fluid or semen being emitted - so the condition which leads to breaking of
the wudoo is considered - and that is when there is desire.

Summary: That when a man and woman are safe from anything being emitted
which breaks wudoo - then their wudoo is not broken; and it is preferable to
be on the safe side, as they may not be safe from such emissions in the
condition of desire - and Allaah Knows best.

Conclusion:
This is what Allaah ta'ala has made easy for us to gather together about the
wudoo and its rulings, so we hope from Allaah the Most High, the
All-Powerful, that we have been able to do justice to the subject - and we
hope that any scholarly solicitous brother who comes across anything in our
booklet which is incorrect to cover up and give sincere advice. And it is
Allaah who grants success.
REFERENCES:

Al Qur'an al Kareem.
Fathul Baaree - Explanation of Saheeh ul Bukhaaree - by Ibn Hajr.
Saheeh Muslim with an-Nawawi's explanation.
Sunan Abi Dawood.
Sunan an-Nasaa'ee.
Jaami' ut-Tirmidhee.
Sunan Ibn Maajah.
Al-Musnad of Imam Ahmad.
As-Sunan al Kubraa of aI-Baihaqee.
Al-Mustadrak 'alas-Saheehain by al-Haakim.
Al-Muwatta with az-Zarqaanees explanation.
Majma' az-Zawaa'id by al-Haitumee.
Nasb ur-Raayah of az-Zaila'ee.
Kanz ul Ummaal.
Al Mughnee wash-Sharh ul Kabeer- Ibn Qudaamah.
Sharh us-Sunnah al Baghawee.
Al-Majmoo' of an-Nawawee.
Al-Isbidhkaar of Ibn 'Abd il Barr.
Mirqaat ul Mafaateeh Sharh of Mishkaat ul Masaabeeh.
Saheeh ul-Jaami' us-Sagheer by Al-Albaanee.
Da'eef ul Jaami' us-Sagheer by al-Albaanee.
Nail ul Autaar of ash-Shaukaanee.
Subul us-Salaam of as-San'aanee.
Fiqh us-Sunnah of Sayyid Saabiq.
Minhaaj us-Sunnah of Ibn Taimiyyah.
Tahdheeb-ut-Tahdheeb of Ibn Hajr.
Fiqh of al Imam Sa'eed ibn al Musayyib.
Fiqh of al Imam al Auzaa'ee.
Lisaan ul 'Arab of Ibn Manzoor.
Mashaariq ul Anwaar.
'Aun al Ma'bood explana~ion of Abi Dawood.
'Aaridat-ul-Ahwadhee explanahon of at-Tirmidhee.
Tafseer Ibn Katheer.
Fath-ul-Qadeer by ash-Shaukaanee.
Kitaab-ul-Imaan by Ibn Taimiyyah.
Majmoo'at-ur-Rasaa'il il-Kubraa by Ibn Taimiyyah.
At Tafseer ul Kabeer of Al Fakhr-ur-Raazee.
Lum'aat ut-Tanqeeh - explanation of Mishkaat ul-Masaabeeh.
At-Ta'leeqaat us-Salafiyyah upon Sunan of an-Nasaa'ee.

Produced by

JAM'IAT IHYAA MINHAAJ

AL SUNNAH

24 BISHOPS HILL, IPSWICH, SUFFOLK, IP3 8EN

Tel.: (0473) 646783

August 1991


[1]That which makes normal actions, such as eating and talking, forbidden
therein. again

[2]That which renders normal actions permissible

[3]The amount held by the two hands placed together.

[4]A narration whose isnaad is authentic but contradicts that which is
better established.

[5]Khilaaf (difference) of Scholars - That sleep is in itself something
which breaks wudoo. hadeeth "except from urine or excretion or sleep" ...
and further, thus hadeeth itself is a proof for this saying.

Allahumma salli wasallim ala Nabiyyina Muhammad. Wasalaam.

Modou Mbye


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