Habibah are both authentic. Al-Tirmidhi said: The hadith of Busrah is hasan sahih. Al-Bukhari said: The most authentic thing in this chapter is the hadith of Busrah. Abu Zur'ah said: The hadith of Umm Habibah is also authentic, and it has been narrated from (9) more than ten Companions. As for the report of Qays, Abu Zur'ah and Abu Hatim said: Qays is among those (10) whose narration does not constitute an argument. Furthermore, our hadith [of Busrah] is later; for Abu Hurayrah narrated it, and he was late in accepting Islam, having accompanied the Prophet (may Allah bless him and grant him peace) for four years. The arrival of Talq to the Messenger of Allah (may Allah bless him and grant him peace) was while they (11) were establishing the mosque at the beginning of the Hijra era, so our hadith abrogates it. Analogy of the penis to the rest of the body is not valid, because there are rulings unique to it, such as the obligation of ghusl upon its penetration, the prescribed punishment (hadd), the dowry (mahr), and others.
Section: According to the narration of invalidation [of wudu'], there is no difference between one who does so intentionally and one who does not. This is the view of al-Awza'i, al-Shafi'i, Ishaq, Abu Ayyub, and Abu Khaythamah (12), due to the generality of the report. From Ahmad, there is a narration that wudu' is not invalidated unless one touches it intentionally. Ahmad ibn al-Husayn said: It was said to Ahmad: Is there wudu' from touching the penis? He said: Like this - and he closed his hand - meaning if he grasps it. This is the view of Makhul, Tawus, Sa'id ibn Jubayr, and Humayd al-Tawil (13). They said: If he touches it while intending to do so, it requires wudu', otherwise there is nothing upon him; because it is merely a touch, and a touch without intent does not invalidate wudu', just like touching women.
Section: There is no difference between the palm of the hand and its back. This is the view of 'Ata' and al-Awza'i. Malik, al-Layth, al-Shafi'i, and Ishaq said: Touching it does not invalidate [wudu'] except with the palm of the hand; because the back of the hand is not a tool for touching, so it is similar to touching it with one's thigh. Ahmad used as evidence the hadith of the Prophet.
(9) In MS: "from him". (10) In MS: "from those". (11) In the original: "he was". (12) Abu Khaythamah Zuhayr ibn Mu'awiyah ibn Hudayj al-Ju'fi al-Kufi, he was a memorizer and precise, he died in the year 172 AH, and it is said 173 AH. Tahdhib al-Tahdhib 3/351-353. (13) Abu 'Ubaydah Humayd ibn Abi Humayd al-Tawil al-Khuza'i, their mawla, a reliable Basran, he died in the year 142 AH. Tahdhib al-Tahdhib 3/38-40.