Maliki Fiqh QA

Islamic Questions & Answers according to the Maliki School

Does Shaking a Woman’s Hand with a Glove Nullify Ablution? – Ustadh Abdus Skakur Brooks

Answered by Ustadh Abdus Skakur Brooks

Question:

Does non-skin contact with a woman nullify ablution if the person feels desire? For example, a man shook hands with a woman but they were both wearing gloves and he felt desire?

According to the Maliki mathab a person who experiences desire or intended to experience desire (even if he did not experience it) when touching a woman nullifies his ablution. However, In Mukhtasar Khalil it mentions the difference of opinion between the scholars concerning what Imam Malik (h.179) mentioned in al-Mudawwanah when he mentioned that a person’s ablution is nullified even if he touches a woman with a covering (ha’il). Some of the scholars said that his statement meant any covering (thin or thick) and some of the scholars interpreted it as meaning a thin covering only. Both of these opinions are regarded as the sound opinion (al-rajih) according to al-Shaykh al-Dusuki (h.1230) in his marginal notes on al-Sharh al-Kabir. Therefore according to the first opinion (those who say thick or thin) his ablution is nullified. As for the second opinion (those who say thin only) if the covering was thick (meaning that a person could not feel the tenderness or softness of the woman’s body) then his ablution is not nullified and if it is thin then it is nullified. However, if a person was to touch a woman by grabbing or squeezing any of her body parts then the scholars are in agreement that it nullifies ablution whether the cover is thick or thin as Shaykh Dardir (h.1201) mentions in al-Sharh al-Kabir

Conclusion:

In the case of a man who shakes the hand of a woman while wearing gloves, if he experiences desire or intended to experience it (even if he did not experience it) then his ablution is nullified by agreement according to Shaykh Dardir since a handshake necessitates grabbing and (or) squeezing (contrary to a high-five which does not necessitates these two things).

Note:

The rule of shaking the hand of a non-mahram (a woman who is not lawful for him) is haram and the matter concerning whether or not a person’s ablution is nullified if he touches her is a separate matter all together. Therefore, no one should assume that since ablution is not nullified that there is no sin in shaking the hand of a woman which is clearly not the case.

Source : http://mathabah.org/2009121291/maliki-purity-taharah/does-shaking-a-womans-hand-with-a-glove-nullify-ablution.html

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