Does Touching the Penis Break Wuḍūʾ

The disagreement

• They agreed that touching the penis with a barrier does not nullify ablution.
• They disagreed on touching the penis with the back of the hand or its palm, intentionally or forgetfully. This disagreement consists of three opinions.

The opinions

• Ablution is absolutely obligatory for touching the penis (with details regarding the boundary of the hand):
• Held by: Mālik (one narration) / al-Shāfiʿī / Aḥmad
• Ablution is not obligatory for touching the penis:
• Held by: Abū Ḥanīfah.
• Ablution is recommended for touching the penis:
• Held by: Mālik (al-Madhhab / the official view.

Reason for the disagreement

• The conflict between the apparent meanings of two ḥadīths: the ḥadīth of Busrah رضي الله عنها and the ḥadīth of Ṭalq ibn ʿAlī رضي الله عنه.

Evidence

First opinion

• The ḥadīth of Busrah رضي الله عنها: That she heard the Messenger of Allah ﷺ say:

«إِذَا مَسَّ أَحَدُكُمْ ذَكَرَهُ فَلْيَتَوَضَّأْ»

"When one of you touches his penis, let him perform ablution." [Reported by: al-Muwaṭṭaʾ, Ahmad, al-Tirmidhī, al-Nasāʾī, Ibn Mājah, Abū Dāwūd, and others; and a large group of muhaddithin authenticated it]. Another narration states:

«مَنْ مَسَّ فَرْجَهُ فَلْيَتَوَضَّأْ»

"Whoever touches his private part, let him perform ablution."

• The ḥadīth of Abū Hurayrah رضي الله عنه: He ﷺ said:

«مَنْ أَفْضَى بِيَدِهِ إِلَى فَرْجِهِ لَيْسَ دُونَهُ حِجَابٌ، فَقَدْ وَجَبَ عَلَيْهِ الوُضُوءُ»

"Whoever brings his hand directly to his private part without any barrier between them, then ablution has become obligatory upon him." [Reported by: Ahmad, Ibn Mājah, al-Ḥākim, al-Dāraquṭnī, al-Bayhaqī].

Second opinion

• The ḥadīth of Ṭalq ibn ʿAlī رضي الله عنه: He said: "We came to the Messenger of Allah ﷺ and there was a man with him who looked like a Bedouin. He said: O Messenger of Allah! What is your view regarding a man touching his penis after performing ablution? So he ﷺ said:

«وَهَلْ هُوَ إِلَّا بَضْعَةٌ مِنْكَ»

'And is it anything other than a part of you?'" [Reported by: Abū Dāwūd, al-Tirmidhī, Ahmad, Ibn Mājah, al-Nasāʾī; and a group of scholars authenticated it].

Third opinion

• Interpretation: Interpreting the ḥadīth of Busrah رضي الله عنها as implying recommendation, and the ḥadīth of Ṭalq ibn ʿAlī رضي الله عنه as a negation of obligation.

References

Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid (1/76), Badā’iʿ al-Ṣanā’iʿ (1/247), Tabyin al-Haqa'iq (1/57), al-Tafrīʿ (1/196), al-Maʿūnah (1/47), Nihāyat al-Maṭlab (1/127), al-Bayān (1/184), al-Sharḥ al-Kabīr (2/27), al-Mughnī (1/240), Sharḥ Ibn Zāḥim (1/237).