and Hammad, Malik, al-Thawri, Ishaq, and al-Sha'bi. For they said: Wudu' is obligatory upon one who kisses out of desire, but it is not obligatory upon one who kisses out of compassion. Among those who made wudu' obligatory for a kiss are Ibn Mas'ud, Ibn 'Umar, al-Zuhri, Zayd ibn Aslam, Makhul, Yahya al-Ansari, Rabi'ah, al-Awza'i, Sa'id ibn 'Abd al-'Aziz, and al-Shafi'i. Ahmad said: The people of Medina and Kufa continued to hold the view that a kiss is a form of touching that breaks wudu', until, at a later time, Abu Hanifah became among them, and they said: It does not break wudu'. They adopt the hadith of 'Urwah, and we consider it erroneous. There is a second narration from Ahmad stating that touching does not break it under any circumstances. This is also narrated from 'Ali, Ibn 'Abbas, 'Ata', Tawus, al-Hasan, and Masruq, and it is the opinion of Abu Hanifah, unless he penetrates her without intercourse in a way that causes emission, based on what Habib narrated from 'Urwah from 'Aishah that the Prophet (peace and blessings of Allah be upon him) kissed one of his wives and went out to prayer without performing wudu'. Recorded by Abu Dawood, Ibn Majah, and others. It is a famous hadith; Ibrahim al-Taymi also narrated it from 'Aishah. Furthermore, obligation is derived from the Shari'ah, and no law has been revealed regarding this, nor is it in the meaning of what the law has been revealed for. As for His saying: "Or you have touched women [lamastum al-nisa']" (Surah al-Ma'idah: 6), He intended by it sexual intercourse, based on the evidence that [the word] 'touching' [mass] was intended to mean sexual intercourse, and likewise 'touching' [lams]. Furthermore, He mentioned it in the form of the [reciprocal] 'mufa'ala' pattern, and reciprocity cannot occur between fewer than two. There is a third narration from Ahmad that touching breaks wudu' under all circumstances. This is the school of al-Shafi'i, due to the generality of the saying of the Almighty: "Or you have touched women."