As for the second case—neither intending to derive pleasure nor experiencing it—kissing differs from direct bodily contact and touching. Direct bodily contact and touching do not require ablution in this case, since neither the touching intended by Allah Most High in His words, “or you have touched women” [Al-Nisā’: 43], nor its underlying meaning is present. As for kissing, there are two positions. The first is that it requires ablution. This is Ashhab’s report from Mālik, the position of Asbagh, and what is implied by al-Mudawwanah. The reason is that kissing is inseparable from pleasure, unless he kisses a little girl out of affection, or a female relative whom he is permanently forbidden to marry as a farewell or on a similar occasion. The second is that kissing does not require ablution, just like touching and direct bodily contact. This is the position of Mutarrif, Ibn al-Mājishūn, and others.
As for the third case—intending to derive pleasure but not experiencing it—there is disagreement. ‘Īsā reported from Ibn al-Qāsim that ablution is required, and this is the apparent purport of al-Mudawwanah. The reason is that the touching intended by Allah Most High in His words, “or you have touched women” [Al-Nisā’: 43], has occurred: namely, touching in pursuit of pleasure, as we have explained. Thus, if he seeks pleasure through touching, ablution becomes obligatory whether he experiences it or not, according to the apparent meaning of the Quran, since experiencing pleasure is not stipulated as a condition of such touching. The explanation given in the report is that he experienced pleasure in his heart when he placed his hand on his wife. This, however, is not a sound explanation, for if the pleasure does not arise from the touching and is not experienced through it, there is no reason to take it into account. Ashhab reported from Mālik that ablution is not required. The reasoning here is that touching requires ablution because it is accompanied by pleasure; if pleasure is absent, ablution is not obligatory. This disagreement concerns acts other than kissing. As for kissing, it requires ablution when pleasure is intended, even if none is experienced. I know of no explicit statement within the school to the contrary, though it is quite conceivable that the same disagreement would extend to it on the basis of the underlying reasoning.
As for the fourth case—not intending to derive pleasure but nevertheless experiencing it—there is no disagreement within the school that it requires ablution, because the underlying meaning of touching is present, and rulings depend on their underlying grounds.
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According to Mālik’s school, it makes no difference whether the touching occurs through clothing or without clothing, unless