Question:
Assalamualaikum SS Dato’ Seri Mufti. I hope to get an explanation regarding the ruling of touching private parts with the right hand.
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Our teacher Fadilah al-Syeikh Mustafa al-Khin said: One should perform istinja’ (cleaning one’s private parts) using one’s left hand whether using water, stone or others properly. It is makruh (undesirable) to perform istinja’ using the right hand the same as it is makruh (undesirable) to touch the penis with it.
If there is a need to hold the penis to clean it using stone or other solid materials, then one should hold the stone with the right hand without moving it, while using the left hand hold the penis and move it to clean it. (See al-Fiqh al-Manhaji, 1/209)
From Abdillah bin Abi Qatadah, from his father, from the Prophet PBUH:
إِذَا بَالَ أَحَدُكُمْ فَلاَ يَأْخُذَنَّ ذَكَرَهُ بِيَمِينِهِ وَلاَ يَسْتَنْجِي بِيَمِينِهِ وَلاَ يَتَنَفَّسْ فِي الإِنَاءِ
"Whenever anyone of you makes water, he should not hold his penis or clean his private parts with his right hand. (And while drinking) one should not breathe in the drinking utensil."
Sahih al-Bukhari (154)
Imam al-Bukhari named this chapter as:
بَاب لَا يُمْسِكُ ذَكَرَهُ بِيَمِينِهِ إِذَا بَالَ
The chapter of don’t touch the private parts using the right hand when one is urinating.
According to the title of the chapter, Muhammad ‘Abd al-Qadir Abu Faris said that regarding this matter, Imam al-Bukhari holds the opinion that touching the private parts when one is not urinating is not haram. However, if one analyze the title of the chapter of Imam al-Bukhari, it does not reflect his statement. The one possibility for this is he used the mafhum mukhalafah method, which means when Imam al-Bukhari state a prohibition of doing it when one is urinating only, then surely, it is permissible in other situations.
This could be understood through the explanation made by Ibn Hajar who said that the title of the chapter of Imam al-Bukhari signals the absolute prohibition of touching private parts only when one is urinating. Thus, in other situations, it is permissible. (See Fath al-Bari, 1/254)
As a conclusion, Imam al-Bukhari’s opinion in the matter is that it is permissible to touch private parts with the right hand if someone is not urinating.
Scholars have differing opinions as to the restriction; whether it is a prohibition or makruh tanzihi.
- According to madhhab Zahiri it is prohibited based on the literal meaning of the hadith.
- The majority of scholars agree that it is makruh for the restriction is in terms of irsyad (advice) and taujih (guidance). And this is the accurate opinion.
It is best for this particular issue to be tied to a general Islamic legal maxim which states: “ The shariah celebrates the maslahah and avoid harm.” (See Taudhih al-Ahkam min Bulugh al-Maram, 1/342)
Hence, when we apply the general Islamic legal maxim through the correct application, the ruling becomes clear. Hence, it is as stated by the majority of scholars where it is considered as a part of al-Adab (manners), taujih (guidance) and irsyad (advice) where it should be avoided for it is considered as makruh tanzihi.
Hopefully, we are from among those who practise the sunnah of our Prophet PBUH who is our example in our lives. Amin.