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Playing with a baby without any waswasa

Answered as per Hanafi Fiqh by ShariahBoard.org

You mentioned that touching daughter or mother-in-law with shahwut breaks marriage? Hazrat Thanvi RA said no man is clean from bad thoughts/waswasas or some thing like that? So when I am playing with my one month old baby girl and a bad waswasa comes in my mind then my wife is haram or halal even though I am holding her and my brain has bad idea, is it waswasa or shahwut? Also me and my wife some time sleep on bed and play with baby some times while I touch my wife my hand might also touch the baby lying in between so what in that case is wife haram or halal. Is the marriage still valid?

The meaning of “touching with desire” is to touch someone with the desire for sexual relationship. But, one of the conditions for this to occur is that a girl should be physically capable of performing the sexual act. Thus, in this particular situation, apparently, we would say that’s there is no effect of this in your relationship with your wife. Sometimes children come in the way when a husband and wife are laying down together and touching each other, but if the children are touched it is not for the same reason as touching one’s wife, that’s why we would not apply that ruling in this situation.

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This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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