225 - Muhammad ibn Rafi' narrated to us, he said: Yahya ibn Yazid ibn 'Abd al-Malik narrated to us, he said: My father narrated to me, from Sa'id ibn Abi Sa'id al-Maqburi, from his father, from Abu Hurayrah (may Allah be pleased with him), who said: The Messenger of Allah (peace be upon him) said: "Whoever touches his private part without a barrier, wudu' has become obligatory upon him."
Chapter: Regarding the one who kisses his wife or touches her while he is in a state of wudu'
• I heard Ahmad ibn Hanbal say—regarding a man who kisses his wife—he said: "The man performs wudu'," and he did not consider wudu' obligatory upon the woman.
• I heard Ishaq—regarding a man who kisses his wife—say: "He performs wudu'."
• I heard Ishaq ibn Ibrahim—another time—say: "If a man kisses or touches [his wife] while he is in a state of wudu', then the Sunnah has proceeded regarding the 'touching' (lamasa) which Allah mentioned: {Or you have touched (lamastum) women}; that it is of two types:
• According to the view of 'Ali and Ibn 'Abbas: It is upon its literal meaning; that it is intercourse (jima').
• And Ibn Mas'ud and Ibn 'Umar said: That which occurs from a man toward his wife or his slave-woman—whether it be kissing, touching, or looking at the body with desire—is also [considered] from the 'touching' (limas).
Therefore, we held the view that whenever he kisses with desire, wudu' is upon him; and likewise if he touches anything on her body with desire, wudu' is upon him as well, in accordance with the view of Ibn Mas'ud and Ibn 'Umar. The man and the woman in this are the same, unless it is a kiss of affection or without desire."
