Some scholars say that the absence of a barrier is a condition, (1) because when there is a barrier, it cannot truly be said that the circumcised parts have met, and ghusl is therefore not obligatory.
Others say that ghusl is obligatory (626), based on the general import of the Prophet’s saying, peace and blessings be upon him, “then exerts himself with her,” for exertion occurs even when there is a barrier.
Others have differentiated, saying: if the barrier is thin enough for full pleasure to be experienced, ghusl is obligatory; but if it is not thin, ghusl is not obligatory (626). This is the closer view, though it is preferable and more prudent to perform ghusl.
The conversion of a disbeliever to Islam, …
His statement, “the conversion of a disbeliever to Islam”: This is the third of the acts that make ghusl obligatory: the conversion of a disbeliever to Islam. When a disbeliever embraces Islam, ghusl becomes obligatory for him, whether he is an original disbeliever or an apostate.
An original disbeliever is one who has followed a religion other than Islam from the beginning of his life, such as a Jew, a Christian, a Buddhist, and the like.
An apostate is one who was upon the religion of Islam and then apostatized from it—may Allah grant us safety—such as one who abandons the prayer, believes that Allah has a partner, calls upon the Prophet, peace and blessings be upon him, to rescue him from distress, or calls upon someone else to rescue him in a matter in which rescue is not possible.
The evidence that ghusl is obligatory in this case is:
- The hadith of Qays ibn Asim: when he embraced Islam, the Prophet, peace and blessings be upon him, instructed him to bathe with water and lote-tree leaves. (2) The basic principle regarding a command is that it denotes obligation.