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English translation
86. Urwah narrated from 'Aishah that: "The Prophet ﷺ kissed one of his wives, then he went to the prayer and did not perform Wudū'." He ('Urwah) said: "I said, 'Who was it except you?'" [He said:] "So she laughed." (Hasan)
Abū 'Eisā said: Similar to this has been reported by more than one of the people of knowledge from the Companions of the Prophet ﷺ and the Tābi'īn. And it is the saying of Sufyān Ath-Thawrī and the people of Al-Kūfah. They say kissing does not invalidate Wudū'.
Mālik bin Anas, Al-Awzā'ī, Ash-Shāfi'ī, Aḥmad, and Ishāq said that kissing invalidate Wudū'. And this is the saying of more than one [of the people of knowledge] among the Companions of the Prophet ﷺ and the Tābi'īn.
Our companions only avoid using
the Hadīth that 'Āishah reported from the Prophet ﷺ about this because they did not consider it correct, due to the condition of the chain.
He said: I heard Abū Bakr Al-ʿAṭṭār Al-Baṣrī mentioning that 'Alī bin Al-Madīnī said: "Yāhya bin Saʿeed Al-Qaṭṭān graded this Hadīth [very] weak." And he said: "It is more like nothing."
He said: I heard Muḥammad bin Ismāʿīl grading this Hadīth weak, and he said, "Ḥabīb bin Abū Thābit (a narrator no. 86) did not hear from 'Urwah."
It has been reported from Ibrāhīm At-Taymī from 'Āishah that: "The Prophet ﷺ kissed her and did not perform Wudū."
And this is not correct either, and we do not know that Ibrāhīm At-Taymī heard from 'Āishah.
Nothing is correct on this topic from the Prophet ﷺ.
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Commentary
The nullification of ablution by kissing a woman depends on whether touching a woman nullifies ablution or not. The Companions, the successors and the Aʾimma are on both sides. The saying of Imām Mālik looks authentic; that doing so with lust will nullify the ablution, because there is risk of Madhī (prostatic fluid) flowing out of the organ, thereby rendering the ablution invalid. If it was a kiss just out of kindness and he did not hug, the ablution will not break.
