Answered by Sidi Abdul Wahid
Regarding the nullification of wudu’ by the touching of non – mahram in the jurisprudence of Shafii, I have been taught that there are a few hadiths regarding Rasulullah saw touching, kissing his wife Ayeshah ra or being touched by her (this is the dalil use by other thoughts on the wudu not being nullified). According to my teacher these hadiths were considered by imam Syafii as being weak. But I have been taught too that there weaker opinion in the shafii madhab that says one who touch nullifies ones wudu rather than the one being touched and the weakest being if the touching is without shahwa, then it does not nullify. I hope someone can expound on this for me.
My name is Abdul Wahid I’m from Sweden and I’m studying in Yemen Hadramawt. I’m not sure if I’m allowed to answer any Questions but I want to show you the adilla from the shafii madhhab concerning touching the skin of a non mahram. Imam Shafi, may Allah be pleased with him, said concerning the hadith that the Profet ,salla Allahu aleyhi wa ala alihi wa sallam, kissed one of his wives ……, “if the hadith is authentic I no longer say that it nullifies wodoo” the scholars differed a lot about this hadith and Imam Bukhari declared it daif. concerning the ahadith when Aisha, may Allah be pleased with her, wakes up at night looking for the Prophet salla Allahu aleyhi wa ala alihi wa sahbihi wa sallam and puts her hand on his Noble foot, there is no dalil in the hadith that it was skin to skin contact and as long as the hadith can be interpreted in two ways (skin contact or not) and the understanding of Imam Shafii is that “laamastum” means touching, therefore there is no evidence against this position. Adding that Imam Shafii, may Allah be pleased with him, was a hujja in Arabic language.
Wa Allahu Alamu.