Azami 1674

Abu Dawud (211) narrated it, he said, Ibrahim bin Musa told us, Abdullah bin Wahb informed us, Muawiya, meaning bin Salih, told us, from Ala bin Harith, from Haram bin Hakeem, from his uncle Abdullah bin Saad Ansari, and he related the hadith. Its chain is hasan because of Haram bin Hakeem, Ajli and Daraqutni deemed him trustworthy, while others deemed him daif, though he does not fall below the rank of "saduq" (truthful).Then know that this hadith is part of the hadith narrated by Abdullah bin Saad Ansari, and the other part of the hadith is that he asked the Messenger of Allah, "What is permissible for me from my wife while she is menstruating?" He said, "You may have what is above the waist wrap." He also mentioned eating together with a menstruating woman.This is how Abu Dawud presents it, for he first narrated the hadith of Ibrahim bin Musa as mentioned before, then he narrated from Harun bin Muhammad bin Bakkar, Marwan, meaning bin Muhammad, told us, Haytham bin Humayd told us, Ala bin Harith told us, from Haram bin Hakeem with the same chain, and he mentioned the second part of the hadith, then he said, "and he continued the hadith," meaning the first hadith.Since the hadith covers more than one issue, I have divided it among three books, in wudu, and in menstruation, see the chapter on what was said about eating together with a menstruating woman, following Tirmidhi and Ibn Majah.Another part was narrated by Ibn Majah (1378) in the Book of Establishing Prayer, the chapter on what was said about voluntary prayer in the house. It will also be mentioned in the section on prayer.On this subject, there is also a report from Ubayy bin Kaab narrated by Imam Ahmad (21110) and Ibn Majah (507), and it includes Musab bin Shayba, who, although he is among the men of Muslim, Nasai said of him, "His hadith is munkar," and Abu Hatim said, "They do not commend him, he is not strong," and Daraqutni said, "He is neither strong nor a hafiz," and his teacher Abu Habib Yaala bin Munya is majhul.It was narrated from Ayesha that the Prophet kissed one of his wives, then went out to pray without performing wudu. He said, I said, "Who could that be but you?" He said, so she laughed.Abu Dawud (179), Tirmidhi (86), and Ibn Majah (502) all narrated it through the route of Waki, who said, Amash told us, from Habib bin Abu Thabit, from Urwa bin Zubayr, from Ayesha, and he related it.Imam Ahmad (25766) also narrated it through this route, and Tirmidhi found fault with it, saying, "I heard Abu Bakr Attar Basri mention from Ali bin Madini, who said, 'Yahya bin Saeed Qattan deemed this hadith very daif,' and he said, 'It is close to nothing.'"He also said, "I heard Muhammad bin Ismail declare this hadith daif." And he said Habib bin Abu Thabit did not hear from Urwa.He said, "It was also narrated from Ibrahim Taymi, from Ayesha, that the Prophet kissed her without performing wudu." He said, "This also is not sound, and we do not know of Ibrahim Taymi having heard from Ayesha, and nothing sound has come from the Prophet on this subject." End of his statement.The hadith of Ibrahim bin Zayd Taymi from Ayesha was narrated by Abu Dawud (178), Bayhaqi (1/126, 127), and Nasai (170) through the route of Thawri, from Abu Rawq, from Ibrahim Taymi, from Ayesha. Abu Dawud said, "It is mursal, Ibrahim Taymi did not hear anything from Ayesha."He said, "Ibrahim Taymi died before reaching forty years, and his kunya was Abu Asma." End.Bayhaqi said, after quoting Abu Dawud's statement in brief that it is mursal, "Abu Rawq is not strong, Yahya bin Main and others deemed him daif." Then he said, "We have narrated the rest of what was reported on this subject, and we have shown their daif nature in Khilafiyyat. As for the sahih hadith from Ayesha about the kiss of the fasting person, the daif narrators have interpreted it as meaning the abandonment of wudu because of it, and had its chain been sound, we would have adopted it, Allah willing." End.Daraqutni said in his Sunan (488), "The correct version is from Waki, from Hisham bin Urwa, from his father, from Ayesha, 'He used to kiss while fasting.'"He spoke at length in his Sunan (from number 484 to 512) analyzing the defects of this hadith through all its routes, so refer to it if you wish.Among them is what he narrated through the route of Walid bin Salih, Ubaydullah bin Amr told us, from Abdul-Kareem Jazari, from Ata, from Ayesha, that the Prophet used to kiss then pray without performing wudu.He said, "Walid bin Salih erred in saying 'from Abdul-Kareem,' rather it is the hadith of Ghalib (he is bin Ubaydullah, who is matruk, as he said). Thawri narrated it from Abdul-Kareem, from Ata as his own statement, and that is the correct version." End.Then Tirmidhi mentioned the positions of the jurists, saying following the hadith of Ayesha, "Something similar to this has been narrated from more than one of the scholars among the companions of the Prophet and the successors. This is the view of Sufyan Thawri and the people of Kufa. They said, 'There is no wudu required for the kiss.'"Malik bin Anas, Uzai, Shafii, Ahmad, and Ishaq said that wudu is required for the kiss, and this is the view of more than one of the scholars among the companions of the Prophet and the successors. Our companions abandoned the hadith of Ayesha on this matter only because it is not sound according to them due to the state of its chain.Then he mentioned the defects that have already been presented.I say, the view of the majority of scholars that wudu is required for the kiss has a qualification, which is that the kiss may sometimes be out of desire, and sometimes out of mere affection. Those who required wudu said that this applies if it was out of desire, and this is the well-known position in the school of Imam Ahmad, and upon it is based the statement of a group of the companions, among them Umar bin Khattab, his son Abdullah, Ibn Masud, and others, and the early generations after them such as Zuhri, Zayd bin Aslam, Makhul, Yahya Ansari, Rabia, Uzai, and others. Among the jurists, Malik and others among the people of Madinah held this view.The second report from Imam Ahmad is that it does not invalidate wudu, and this is understood as applying if it was without desire, or if it was mere affection. This was also said by a group of the companions, Ali and Ibn Abbas, and a group of the successors and those after them, among them Ata, Tawus, Hasan, and Masruq, and this is the view of the Kufans, Abu Hanifa and others.The third report from Imam Ahmad is that it invalidates wudu in every case, and this is the school of Shafii, and Shafii's evidence is the general meaning of the words of Allah Most High, "or you have touched women" [Nisa 4:43], making mere touching an invalidator of wudu.Ibn Abbas and others interpreted this as meaning that touching here is a euphemism for intercourse, so there is no evidence in it for the invalidation of wudu by mere touching, from which hardly anyone could be free, and it was not transmitted from anyone among the companions and successors that mere touching required wudu.Therefore Sheikh Islam bin Taymiya said, when he was asked about the touching of a woman, and he mentioned three positions on it, "The correct view on the matter is one of two positions, either that it does not invalidate at all, or that it invalidates if it is with desire.""As for the obligation of wudu from mere touching of a woman without desire, this is the weakest of the positions, and this view is not known from any of the companions, nor has anyone narrated from the Prophet that he commanded the Muslims to perform wudu because of that." Summarized from Majmu Fatawa (21/435-436).