As for the first category, there is no doubt that it is permissible, because the basic ruling is permissibility unless evidence establishes prohibition. As for the third category, there is likewise no doubt that it is prohibited.
As for the second category—where kissing arouses his desire, yet he feels safe from any consequence—the correct view is that kissing is not disliked for him and that there is nothing wrong with it. For the Prophet ﷺ “would kiss while fasting” (1). ‘Umar ibn Abi Salamah asked him about kissing while fasting when Umm Salamah was present with him, so he said to him, “Ask her.” She informed him that the Prophet ﷺ would kiss while fasting. The questioner then said, “You are the Messenger of Allah; Allah has forgiven you your former and later sins.” He replied, “By Allah, I am the most fearful of Allah among you and the most knowledgeable of Him.” (2) This indicates that it is permissible whether it arouses desire or not.
It is also narrated from Ibn ‘Abbas that he said: “I do not mind whether I kiss my wife or smell sweet basil.” (3) Smelling sweet basil does not break the fast, though it refreshes and delights the soul. Likewise, kissing one’s wife pleases and refreshes a person, but it is neither intercourse nor ejaculation. So on what basis could it be considered disliked?
As for what is narrated—that the Prophet ﷺ “was asked by one man about kissing and granted him permission, while another man asked him and he did not grant him permission; the one granted permission was an old man, whereas the one not granted permission was a young man” (4)—it is a weak hadith and cannot serve as proof. Its weakness was declared by