Does touching the ‘awrah of a six-year-old child invalidate wudoo’?
Praise
be to Allah
The scholars (may Allah have mercy on them) differed as to
whether wudoo’ is invalidated by touching the ‘awrah of a minor.
Some of the scholars are of the view that wudoo’ is
invalidated by touching the ‘awrah of a minor, as it is invalidated by
touching the ‘awrah of an adult.
Ibn Qudaamah (may Allah have mercy on him) said:
According to the report which says that wudoo’ is invalidated
by touching the private part, there is no differentiation between one’s own
penis and that of another person, or between the penis of a minor or an
adult.
End quote from al-Mughni (1/118)
The Standing Committee for Issuing Fatwas was asked: Does
touching my child’s ‘awrah when changing his clothes invalidate my wudoo’?
They replied:
Touching the ‘awrah without a barrier invalidates wudoo’,
whether the one who is touched is a minor or an adult, because it is proven
that the Prophet (blessings and peace of Allah be upon him) said: “Whoever
touches his private part, let him do wudoo’.” The private part of the one
who is touched is the same as the private part of the one who touches
another [with regard to the ruling].
End quote from Fataawa al-Lajnah ad-Daa’imah (5/265).
The second view is that wudoo’ is not invalidated by touching
the ‘awrah of a small child.
Ibn Qudaamah (may Allah have mercy on him) said: It was
narrated from az-Zuhri and al-Awzaa‘i that no wudoo’ is required for
touching the penis of an infant, because it is permissible to touch it and
look at it.
End quote from al-Mughni (1/118)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was
asked: Does washing the private parts of an infant invalidate wudoo’?
He (may Allah have mercy on him) replied:
No; that is, touching the private part of an infant does not
invalidate wudoo’; rather touching a person who has reached the age of
puberty does not invalidate wudoo’, unless that is done with desire. Thus we
may reconcile between the hadiths of Talq ibn ‘Ali and Busrah bint Safwaan.
The hadith of Talq ibn ‘Ali says that the Prophet (blessings and peace of
Allah be upon him) was asked about a man who touches his penis whilst
praying; is he required to do wudoo’? He said: “No; it is just a part of
you.” And the hadith of Busrah says: “Whoever touches his penis, let him do
wudoo’.”
And we say: If that is done with desire, then wudoo’ becomes
obligatory, but if it is without desire, then it is not required. This
detail is indicated by the words of the Prophet (blessings and peace of
Allah be upon him): “it is just a part of you.” So if he touches it like
touching any other part of the body (then it does not invalidate wudoo’). It
is well-known that a person would never touch any other part of his body
with desire, is that not so? So we say: If you touch it like you touch any
other part of your body, without desire, then you do not have to do wudoo’,
but if you touch it with desire, then you have to do wudoo’, because perhaps
something may come out of you in the event of desire, without you realising.
To sum up: touching the penis of an adult or a minor does not
invalidate wudoo’ unless it is accompanied by desire. The one who washes the
private part of an infant definitely does not feel desire.
End quote from Liqa’ al-Baab al-Maftooh.
What is more likely to be correct, and Allah knows best, is
the second view, which is that the mother’s wudoo’ is not invalidated if she
touches the ‘awrah of her infant, because this is something that happens a
great deal, yet there is no report from the Prophet (blessings and peace of
Allah be upon him) to indicate that he instructed the womenfolk of the
Sahaabah to renew their wudoo’ every time they needed to touch their
children’s private parts, even though mothers often need to do so (when
washing and bathing their children and so on).
Please see also the answer to question no.
126288
And Allah knows best.
