The ruling on whoever touches a Woman during Tawaf

Question :

A man was performing Tawaful-Ifadhah during severe crowding and he touched the body of a woman who was not related to him. Does that nullify his Tawaf and should he start it over based on making an analogy with Wudhu' or not?

Answer:

The man touching the body of a woman during his Tawaf or during crowding in any place does not harm his Tawaf, nor does it harm his Wudhu', according to the most correct of the views held by the scholars. The people have disputed concerning touching a woman and does that break the Wudhu' and there are different statements concerning it. It has been said that it does not break the Wudhu' at all. It has been said that it absolutely breaks the Wudhu'. It has also been said that it breaks the Wudhu' if it is accompanied by desire. The most correct view from these opinions and that which is right among them is that it does not break the Wudhu' at all, and that if a man touches a woman or kisses her, his Wudhu' is not broken according to the most correct view. This is because the Messenger ﷺ kissed some of his wives then prayed without making Wudhu'. It is also because the basic principle is that the Wudhu' and purity is intact, and it is not permissible to say that it is broken by something unless there is an established evidence that proves the Wudhu' is broken by touching a woman unrestrictedly. In reference to Allâh's Statement:
"Or you have come in contact with women."

The correct view concerning its explanation is that it means sexual intercourse. Likewise concerning the other recitation:
"Or you have touched women."

It also means sexual intercourse, as Ibn 'Abbas and a group of the scholars said. It does not mean simply touching the woman as is reported from Ibn Mas'ud. Rather, the correct view concerning this is that it means sexual intercourse as Ibn 'Abbas and a group of the scholars have said. By this it is known that the person who touches the body of a woman during Tawaf, his Tawaf is correct and so is his Wudhu'. Even if he touches his wife or kisses her, his ablution will be correct as long as nothing comes out of him (i.e., sperm, semen, etc.).

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