of the night prayer; they would fall asleep until their heads drooped, yet they did not renew their ablution. This shows, then, that sleep is not on a par with a real state of impurity.
If a person apostasises and then returns to Islam, he must perform ablution, although some have said that in this case the ablution is merely recommended so long as no actual impurity has occurred.
The third category is touching, meaning every act short of intercourse that serves as a prelude to it. Whoever kisses a woman out of desire—whether she is one of his maḥrams (unmarriageable female relatives) or someone else—must perform ablution, whether or not he experiences pleasure. Should the woman be a maḥram and he kisses her only out of affection and dutiful kindness—such as one’s mother, daughter, or sister—no ablution is required unless he deliberately seeks what is improper and feels desire.
Anyone who intends to touch a woman and does so with his hand nullifies his ablution if he takes pleasure from the contact, whether it is over a thin, light garment or directly beneath it. According to Mālik, it makes no difference whether he touches her hair or any other part of her body, provided he derives pleasure from the touch. If, however, the woman touches the man without his intending it, nothing is incumbent upon him unless he both desires and enjoys it.
All of this is the view of Mālik and the majority of his companions. Some scholars of Medina have said that contact over clothing is not considered “touching,” for in reality one has only touched the fabric.
Those who hold this opinion nevertheless require ablution of anyone who deliberately seeks to touch women and actually does so with his hand, whether or not he derives pleasure.