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Touching the private part doesn’t break one’s wudu in the hanafi madhab?

Answered according to Hanafi Fiqh by Qibla.com

Answered by Shaykh Ilyas Patel

What is the proof that touching the private part doesn’t break ones wudu in the hanafi madhab, I read in Fiqh Us Sunnah that the hadith they use is weak to establish that it doesn’t break wudu, but when seeking a ruling like that it can’t be based on weak hadith am I right? So did the book lie or something else?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

In the Name of Allah, Most Merciful & Compassionate

The book didn’t lie. The above book is a collection of issues from different schools and is portraying a school of fiqh, but in fact it is just a ‘pick and choose’ of issues from different schools which are authentic to the author.

As for the evidence that touching the private parts does not break the wudu in the Hanafi School is as follows:

It has been reported by Talq bin Ali (Allah be pleased with him), he said, a man said that ‘I have touched my private parts’ or he said’ if a man touches his private parts in Salat, does he have to do wudhu? The Prophet (Allah bless him and give him peace) said, ‘No, it is just a piece of flesh of yours.

It has been reported by Arqam bin Shurahbil (Allah be pleased with him), he said, I scratched my body whilst I was in salat and I touched my private part. I asked Abdullah bin Mas’ud and he told me to cut it off, at the same time he was smiling saying ‘how can you separate it from yourself? It is just a piece of flesh of yours.’ (Tabrani)

Imam Zafar comments that the command (amr) in the hadith that says whoever touches his private parts let him do wudhu shows its recommendedness to cleanse oneself and the negation which is reported in other ahadith (as in the above) is the negation for obligation; that it is not necessary to do wudhu, as it is mentioned in Al Dur al Mukhtar, it is recommended to do wudhu to leave the differences of the scholars, especially for Imams. (Rad al-Muhtar 1:152)

(I’la al’sunan, Imam Zafar Uthmani, 117, 118 Vol.1)

And Allah knows best

– Ilyas

 

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