Moreover, requiring ablution merely upon physical contact entails great hardship, since few people can avoid it—especially when a person has an elderly mother or a blind daughter and takes them by the hand to assist or guide them. Whatever entails undue constraint and hardship is negated in the Sacred Law.
The second view is that it invalidates ablution unconditionally, even without desire or intention. (1)
They cited the general wording of the verse as evidence.
They answered the hadith of Aishah by saying that it is possible the Messenger of Allah ﷺ touched her with his fingernail, which is treated as something separate, or that there was a barrier between them. When evidence admits of such possibilities, it can no longer be used as proof. However, there is room for consideration in this response, and it is not explicit.
The third view is that touching a woman does not invalidate ablution at all, even if the private parts touch one another, and even if it is with desire. (527)
They cited the following evidence:
- The hadith of Aishah: the Prophet ﷺ kissed one of his wives, then went out to pray without performing ablution. (2) She related it to her nephew, Urwah ibn