21242: Kissing on its own does not invalidate wudoo’
My husband always kisses me when he is going out of the house, even if when he is going to pray in the mosque. I sometimes feel that he is kissing me with desire. What is the shar’i ruling on his wudoo’?
It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said that the Prophet SAWS (peace and blessings of Allaah be upon him) “kissed one of his wives then went out to pray, and he did not do wudoo.’” (Abu Dawood, al-Tahaarah, 180, 179, 178; al-Tirmidhi, al-Tahaarah, 86; al-Nasaa’i, al-Tahaarah, 1.104; Ibn Maajah, al-Tahaarah, 502).
This hadeeth indicates the ruling on whether or not kissing and touching a woman invalidates wudoo’. The scholars (may Allaah have mercy on them) differed concerning that. Some of them said that if you touch a woman, this invalidates wudoo’ in all cases; some said that if you touch a woman with desire, it invalidates wudoo’, otherwise it does not. Some said that it does not invalidate wudoo’ at all, and this is the correct view.
This means that if a man kisses his wife, or touches her hand or hugs her, but he does not emit anything, then his wudoo’ is not invalidated and it remains as it is. That is because the basic principle is that wudoo’ remains as it was, unless there is proof that it has been broken. There is nothing in the Book of Allaah or the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) to indicate that touching a woman invalidates wudoo’. On this basis, touching a woman, even with no barrier and even with desire, and kissing her or hugging her, does not invalidate wudoo’.
Fataawa al-Mar’ah, Ibn ‘Uthaymeen, p. 20
But if madhiy (prostatic fluid) or maniy (semen) come out of him as a result of kissing her, then his wudoo’ is invalidated in that case.
Sheikh Muhammed Salih Al-Munajjid