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Not washing after pre-ejaculatory fluid, and praying salah, Is it kufr?

Answered as per Hanafi Fiqh by Tafseer Raheemi

Question: In 2004, on the day of my marriage, I performed and/or pretended to perform salah without wudhu. The reason being my brother-in-law and others were present and I was not courageous enough to say that I needed to go for a wash.

The reason I needed to go for a wash was because I had been with my wife and had leaked a lot of pre-ejaculatory fluid. I am more certain than not that my intention was not to mock. It must have been because of the aforementioned dilemma or similar, i.e. not having the courage to say I need to perform wudhu and/or have a wash.

There may have been an element of pretending to be pious/religious. Equally possible as a reason on its own is a strong possibility of being too lazy to perform wudhu, bearing in mind that but then I had issues of waswasa. Regarding cleanliness and taking too long, the more I delve/think about it the more I think it was down to simple laziness as opposed to anything else.

1. Would this be of kufr?
2. Is my marriage still valid?

Answer: This would not constitute kufr as long as your intention was not to mock the religion. You have fear in your heart, which is sign that there was no intention to mock. If someone always does this, then that is mockery and that is kufr.

From what you have stated it seems most likely that you did not have the courage to inform your relatives that you needed to wash. Many times we are in situations where we may feel a sense of embarrassment in carrying out what Islam commands. At these times we should remember that Islam is the true religion and its precepts are what have been commanded by Allah. If we are embarrassed then it is due to our weakness of faith.

A similar situation to yours has been related in Sunan al-Kubra by al-Bayhaqi (vol. 3, p. 114) where it states that sayyiduna Umar radhiyallahu anhu, once passed by a woman he used to know in Jahiliyyah.

He then led the zuhr prayer and felt pre-ejculatory fluid come out, he pulled someone forward to lead the zuhr prayer and went and washed himself. Then after he had led the ‘asr prayer he stood up and made an announcement. He declared to everybody what had happened at zuhr and remarked, “Should I fear you, or fear Allah?”

This shows the courage sayyiduna Umar had in telling the truth and following the commandments of Islam.

We should try and emulate him as much as possible.

The second part of your question is whether this would invalidate your marriage. As this does not constitute kufr, it would not invalidate your marriage. And Allah knows best.

This answer was collected from Tafseer-Raheemi.com the official website of Sheikh Abdul Raheem Limbada (Hafizahullah) of UK.

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