The ruling on touching the Mus-haf without performing Wudu'
Q: What is the ruling on touching the Mus-haf (Qur’an-book), moving it, or reciting the Qur’an without having performed Wudu’ (ablution)?
A: It is impermissible for a Muslim to touch the Mus-haf without performing Wudu’ according to the Jumhur (dominant majority of scholars). This is the opinion adopted by the Four Imams (Abu Hanifah, Malik, Al-Shafi‘y, and Ahmad) (may Allah be pleased with them). Moreover, this was the legal opinion issued by the Sahabah (Companions of the Prophet, peace be upon him). It is stated in a Sahih (authentic) Hadith narrated on the authority of `Amr ibn Hazm (may Allah be pleased with him) that: The Prophet (peace be upon him) wrote to the people of Yemen, “No one should touch the Qur’an except one who is Tahir (ritually pure).” This Hadith is ranked as good and has several chains of narration supporting each other. Accordingly, it becomes known that it is impermissible for a Muslim to touch the Mus-haf unless they are in a state of Taharah (ritual purification) from both major and minor ritual impurity. The same applies to moving it from one place to another, if the one moving it is not in the state of Taharah. But, if touching or moving it occurs through a means such as a wrapping, cover, or a hanger, there is nothing wrong in this. However, touching it directly without being in the state of Taharah is impermissible, according to the correct opinion maintained by the Jumhur as aforementioned.
Regarding recitation, it is permissible for one in a state of minor ritual impurity to recite the Qur’an from memory or read it without touching the Mus-haf with the help of someone else who would hold the Qur’an for him and correct or remind him when necessary.
(Part No. 4; Page No. 384)
However, the person who is Junub (in a state of major ritual impurity) must not recite the Qur’an, because it is authentically reported that nothing prevented the Prophet (peace be upon him) from recitation except Janabah (major ritual impurity related to sexual discharge). It is also related by Ahmad with a good Isnad (chain of narrators) on the authority of `Aly (may Allah be pleased with him): “That the Prophet (peace be upon him) recited some of the Qur’an after coming out of the place of answering the call of nature and said, ‘This is for the one who is not Junub; but the one who is Junub should not do this, not even one Ayah.’”
This means that a person in the state of Janabah must not read from the Mus-haf, even from memory, until they have bathed. As for one in the state of minor ritual impurity, it is permitted to recite from memory without touching the Mus-haf. For women in menstruation or post-partum period, there is a difference of opinion among scholars in this regard as to whether they may or may not recite the Qur’an. Some held that she is like the Junub, must not recite Qur’an. Others held that she is permitted to recite Qur’an from memory without touching the Mus-haf, for the post-partum or menstruation periods tend to be lengthy unlike Janabah since the Junub can bathe at once and recite Qur’an immediately thereafter. However, the woman in menstruation or post-partum period cannot do this except after finishing her menses and returning to a state of Taharah. Therefore, it is not proper to compare them to the Junub. The correct opinion is that there is no prohibition for reciting from memory in their case. This is the most preponderant opinion, for there is no legal evidence that indicates the prohibition. Rather, they include what indicates otherwise.
It is authentically reported in the two Sahihs (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) that the Prophet (peace be upon him) told ‘Aishah when she began menstruating during Hajj: “Perform all that a pilgrim does except for offering Tawaf (circumambulation) around the Ka‘bah until you are purified (from menses).” Reciting the Qur’an is among the permissible acts for the pilgrim, and the Prophet (peace be upon him) did not exclude it, which indicates the permissibility of recitation for menstruating women. Similarly, he told Asma’ bint ‘Umais the same when she gave birth to Muhammad ibn Abu Bakr at the Miqat (site for entering the ceremonial state for Hajj and ‘Umrah) during Farewell Hajj.
Accordingly, this indicates that a menstruating woman or a woman during post-partum may recite Qur’an without touching the Mus-haf. As to the Hadith narrated by Ibn ‘Umar according to which the Prophet (peace be upon him) said: “A menstruating woman or a Junub must not recite anything of the Qur’an.” it is a Da‘if Hadith (a Hadith that fails to reach the status of Hasan due to a weakness in the chain of narration or one of the narrators), as it includes Isma‘il ibn ‘Ayyash on the authority of Musa ibn `Uqbah, in its Isnad and the scholars ranked the reports of Isma`il from the people of Hijaz as Da‘if. They hold that his Isnad is good when reporting from the people of the Levant (the region covering Syria, Lebanon, Jordan, and Palestine), his mother country, but it is Da‘if when reporting from the people of Al-Hijaz. This Hadith was reported on his authority from the people of Al-Hijaz, therefore it is Da‘if.
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