one night, so I began to feel for him, and my hand fell upon his feet, which were upright while he was in prostration.”
Among those who subscribed to this view are ʿAlqamah, Abū ʿUbayd, al-Nakhaʿī, al-Ḥakam, al-Shaʿbī, Ḥammād, al-Thawrī, Isḥāq, Abū Ḥanīfah, and his companions.
As for adducing the verse as evidence for the nullification of ablution, that argument does not hold.
Ibn Rushd said in Bidāyat al-Mujtahid: “The reason for their disagreement on this question is that the Arabic term mas carries more than one sense. The Arabs sometimes apply it to physical contact with the hand, and at other times use it as a euphemism for sexual intercourse, as in the Almighty’s words, ‘…or you have touched women’ (Q 4:43).
Those who require ablution for mere hand-touch argue that the literal meaning of lams is contact with the hand, while its application to intercourse is figurative; and when a word vacillates between literal and figurative meanings, priority belongs to the literal unless evidence points to the figurative.
The others respond that when a figurative meaning becomes widespread in usage, it can indicate the intended sense more strongly than the literal one—just as the word ghāʾit now points more clearly to the act of relieving oneself (its figurative sense) than to a low place in the ground (its literal sense). In my judgment, although lams conveys both meanings equally, or almost equally, it is more suggestive of intercourse, even though that is figurative, because Allah Most High has employed mubāsharah (contact) and mas (touch) as euphemisms for intercourse, and both fall under the semantic scope of touch.” End quote.
Shaykh Aḥmad Shākir remarked, “Ibn Rushd’s discussion is a finely tuned, valuable piece of analysis.”
I say: It is related in Sunan Abī Dāwūd (153), al-Tirmidhī (79), and Ibn Mājah (495), through ʿUrwah from ʿĀʾishah, that “the Prophet ﷺ kissed one of his wives, then went out to pray without performing ablution.” This hadith is well known, and on its basis a number of early and later scholars held that kissing and the like—even when motivated by desire—do not invalidate ablution.