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The hadith of Talq ibn Ali: he asked the Prophet ﷺ about a man who touches his penis during the prayer: “Must he perform ablution?” The Prophet ﷺ replied, “No; it is only a part of you.” (1)
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The basic principle is that purity remains intact and is not invalidated; therefore, we do not depart from this principle except on the basis of conclusive evidence. The hadiths of Busrah and Abu Hurayrah are weak, and where there is room for doubt, the basic principle is that ablution remains valid. The Prophet ﷺ said, “He should not leave until he hears a sound or perceives an odor.” (2) If this applies to a cause that necessitates it perceptibly, then the same applies to a cause that necessitates it according to the Sacred Law: it cannot be taken into account unless it is known with certainty . . .
The third view is that if he touches it with desire, his ablution is invalidated; otherwise, it is not. (3) In this way, the hadith of Busrah and the hadith of Talq ibn
(1) Narrated by Ahmad (4:23), with this wording; Abu Dawud, Book of Purification, chapter: “The concession concerning this matter,” nos. 182-183; al-Nasai, Book of Purification, chapter: “Abandoning ablution because of this,” 1:101, no. 165; al-Tirmidhi, Chapters on Purification, chapter: “What has been reported concerning abandoning ablution after touching the penis,” no. 85; and Ibn Majah, Book of Purification, chapter: “The concession concerning this matter,” no. 483; as well as others.
Al-Shafii, Abu Hatim, Abu Zura, al-Daraqutni, al-Bayhaqi, and al-Nawawi judged the hadith weak on account of Qays ibn Talq. Al-Hafiz Ibn Hajar, however, considered him to be “truthful” (saduq). Conversely, al-Fallas, al-Tabarani, al-Tahawi, and Ibn Hazm authenticated it. Ibn al-Madini said: “In our view, it is better than the hadith of Busrah.” Al-Tahawi said: “Its chain is sound and free of inconsistency.” See Ilal al-Hadith by Ibn Abi Hatim, 1:48; Sunan al-Bayhaqi, 1:135; al-Khulasa by al-Nawawi, no. 281; al-Muharrar, no. 83; and al-Talkhis, no. 165.
(2) Its authentication references have preceded on p. 59.
(3) See al-Insaf, 2:27.