Does Touching a Child’s Private Part Break Wudu? Clarifying the Rulings

Understanding the Ruling on Touching a Child’s Private Part and Its Effect on Wudu

There is a difference of opinion among scholars regarding whether touching a child’s private part breaks wudu (ablution) or not. Some scholars say that it does not break wudu, while others say that it does.

The correct position on this issue is that touching a child’s private part does break wudu because this matter is explicitly stated in the texts, and there is no difference between a child and an adult in this regard. Any matter that is established and verified by Shariah as breaking wudu cannot be contradicted by the opinion of any scholar. Abu Huraira (may Allah be pleased with him) narrated that the Prophet (peace be upon him) said:

“If any of you touches his private part with his hand and there is no barrier or cover between them, then wudu becomes obligatory for him.” (Sahih Al-Jami: 362)

This narration, besides being authentic, is also clear and general in its meaning and implication, and it demands obligation. Therefore, Shariah has determined that touching the private part breaks wudu. The matter of breaking wudu is related to worship and is established by definitive texts, such as eating camel meat breaking wudu. There is a text on this, but by analogy, we do not consider the meat of other halal animals as breaking wudu. Even in the case of camels, drinking camel milk or camel meat broth does not break wudu because there is no text on this. When the matter of breaking wudu is such, how can it be abandoned based on any opinion?

Now, let’s look at the reasons given by those scholars who say that touching a child’s private part does not break wudu:

1. Some scholars argue that mothers usually clean their children’s impurities, which inevitably involves touching their private parts. If this is considered to break wudu, it would cause hardship and difficulty for mothers. This reasoning is not acceptable because it contradicts the Shariah text, which states that touching the private part without a barrier breaks wudu. In such a case, we can leave the scholar’s opinion but not the issue established by evidence.

2. The second point is that the Prophet (peace be upon him) has explained the ease related to children in Shariah and even demonstrated it. As mentioned in Sunan Ibn Majah, Lubabah bint Al-Harith (may Allah be pleased with her) said:

“Hussain bin Ali (may Allah be pleased with them) urinated in the lap of the Prophet (peace be upon him), so I said: ‘O Messenger of Allah, give me your garment and wear another garment.’ He (peace be upon him) said: ‘Water is to be sprinkled over the urine of a boy, and the urine of a girl is to be washed.'” (Sahih Ibn Majah: 427)

From this hadith, we can infer that the place which, when touched (without a barrier), breaks wudu, was not washed by the Prophet (peace be upon him) when a boy urinated on his clothes. This prophetic action provides ease for the mothers of the Ummah. If there were any other ease in this regard in Shariah, the Messenger of Allah (peace be upon him) would have informed us.

The third point is that neither men nor women are required to remain in a state of wudu all day. Wudu is only necessary for the performance of prayer at its time. There is no difficulty or hardship in this, as the woman who cleans her child’s impurities can perform wudu at the time of prayer. Just as praying is not burdensome for a woman with children, performing wudu at the time of prayer should not be considered burdensome either. Many women suffer from istihadah (non-menstrual bleeding), and they have to wash the affected area and their clothes before each prayer and then perform wudu. This is indeed a hardship, but still, a woman with istihadah must clean herself and perform wudu for each prayer. Aisha (may Allah be pleased with her) narrated that Fatimah bint Abi Hubaysh came to the Prophet (peace be upon him) and said, “I am a woman who suffers from istihadah, so I do not become pure. Should I give up prayer?” The Prophet (peace be upon him) said:

“No, that is a vein (bleeding) and not menstruation. So when your menstrual period comes, leave the prayer, and when it ends, wash the blood from yourself and then pray.” (Sahih Bukhari: 228)

And if there is a woman for whom the use of water is harmful, Islam has provided the ease of performing tayammum (dry ablution).

The fourth point is that prayer is the worship of the Lord and the most important matter in a believer’s life. Prayer is not accepted without wudu. Therefore, it is a requirement of Shariah to accept that touching the private part breaks wudu, as established by Shariah. It is also a matter of precaution to avoid the doubt that one might have prayed without wudu.

2) In this matter, some scholars, including Sheikh Ibn Uthaymeen (may Allah have mercy on him), say that washing the area of a child’s urine and feces does not break wudu. Sheikh’s opinion is not accepted in the case of children because he does not only apply this ruling to children but also to adults. Sheikh says, “Touching the private part of an adult does not break wudu unless it is done with desire.” Shariah has not set any condition of desire; the hadith mentions that if one touches the private part without a barrier, wudu becomes obligatory. Therefore, when Sheikh’s ruling is against the evidence concerning adults, mentioning his opinion regarding children is not significant.

3) Some scholars argue that the private part of a small child is not considered a private part in the same way, so it is permissible to look at and touch it, and therefore, touching a child’s private part does not break wudu.

One response to this argument is that these scholars do not have any evidence for wudu not breaking; it is merely an opinion and analogy. On the other hand, the breaking of wudu is explicitly stated, so the explicit ruling will be taken, and the non-explicit ruling will be left.

Secondly, a small child cannot clean his own impurities, so it is permissible for a woman or man to clean the child’s impurities. This matter is limited to cleaning, and there is an excuse that the child is incapable of cleaning himself. Just as a patient who needs treatment for the private part can be exposed to a doctor, and the doctor can touch the private part out of necessity, similarly, a child can be cleaned by someone else, and his private part can be seen and touched. It is actually considering this excuse that scholars say that the private part of a child is not in the same ruling as an adult’s private part. Otherwise, a private part is a private part, and the matter of a girl is more sensitive than a boy, so more care is taken for her covering. Whether the private part belongs to a small child or an adult, it is a source of impurity, so touching it necessitates wudu, and children also excrete from that place, and their excretions are impure like those of adults.

Therefore, this third argument of the scholars also does not seem correct, as I have explained above. Now, I will explain it more clearly so that the matter becomes even clearer. I will present two fatwas of Sheikh Ibn Baz (may Allah have mercy on him).

1) One fatwa is that Sheikh Ibn Baz (may Allah have mercy on him) gives a ruling regarding the impurity of a child that a child below seven years old does not have a private part. Whether it is a small boy or girl, there is no harm in cleaning and assisting them.

Sheikh’s Second Fatwa:

Sheikh (may Allah have mercy on him) issued another fatwa stating that if one touches a child’s private part, it breaks the wudu (ablution), just as touching one’s own private part breaks the wudu. Although the Sheikh acknowledged that a child’s private part does not hold the same ruling as an adult’s private part, he still issued the fatwa that touching a child’s private part breaks the wudu. The reason is that a child’s private part is not considered the same as an adult’s private part in terms of rulings; it is only related to cleanliness. This means that a child’s private part is not considered a private part in the same way, and there is no Shariah evidence for this; it is merely a statement. This statement means that a child does not have the ability to clean themselves, so another person can see and touch the child’s private part while cleaning them. That’s all there is to it.

The Permanent Committee for Fatwas has the same response: directly touching the private part breaks the wudu, whether it is a child’s or an adult’s private part, because it is proven from the Prophet (peace be upon him) that he said: “Whoever touches his private part should perform wudu.” Both one’s own and another’s private part hold the same ruling. (Fatawa al-Lajnah al-Daimah: 5/265)

Clarification of a Doubt:

There is a hadith in Abu Dawood which indicates that touching the private part does not break the wudu, while the hadith I mentioned above states that touching the private part does break the wudu. How can these two be reconciled? Let’s first look at the hadith in Abu Dawood and then understand how to reconcile the two.

Talaq bin Ali (may Allah be pleased with him) said: “We came to the Prophet (peace be upon him), and a man who seemed to be a Bedouin came and said: ‘O Prophet of Allah! What do you say about a man who touches his private part after performing wudu?’ The Prophet (peace be upon him) said: ‘It is only a part of his body,’ or he said: ‘a piece of his flesh.’ In another narration, it is mentioned (if he touches it) during prayer.” (Sahih Abu Dawood: 182, 183)

From the hadith in Abu Dawood, it is understood that touching the private part does not break the wudu (ablution). Therefore, there is no contradiction between this hadith and the aforementioned hadith from Sahih al-Jami. Both hadiths are clear in their meanings and implications.

In the hadith from Sahih al-Jami narrated by Abu Hurairah (may Allah be pleased with him), it is mentioned that if one touches the private part directly without any barrier, the wudu is broken. On the other hand, the hadith in Abu Dawood indicates that if one touches the private part over clothing, the wudu is not broken. This is because the hadith in Abu Dawood narrated by Qais bin Talaq (hadith number 182) is related to prayer, as mentioned in the following hadith (number 183) in Abu Dawood. In prayer, touching the private part means touching it over clothing, as one would not touch the private part directly without a barrier during prayer.

Therefore, the summary of both hadiths is that if one touches the private part directly without any barrier, the wudu is broken. However, if one touches the private part over clothing, the wudu is not broken.

Thus, the conclusion of the entire discussion is that if a woman is in a state of wudu and she cleans a child’s impurity, causing her hand to touch the child’s private part, her wudu is broken. The same ruling applies to adults: if a person’s hand, whether male or female, touches their private part directly without a barrier, the wudu is broken. However, if the private part is touched over clothing, the wudu is not broken.