The Law of Contact with Not Mahram When Thawaf

The Law of Contact with Not Mahram When Thawaf

Thawaf is one of the pilgrims that can not be left behind or represented to anyone. In 2016, the pilgrims reach 1.8 million more people with each hujjaj having the same pilgrimage that is running the thawaf, not to mention those who run the sunshaw thawaf, how many multiples.

It is quite difficult for anyone to find leisure time, looking for time where the Holy Haram is deserted from the sea of people in the Haj season so they can run the thawaf freely without touching the opposite sex, quite difficult.

Hajj pilgrims from Indonesia are dominated by followers of Shafi'i madhhab which means they follow the opinion that touching between men and women without obstacles is one of the things that can cancel ablution as well-known opinion in the circle of Shafiyah.

There is a cross-school opinion which states that the other touching type does not cancel ablution during the impotence but with the condition must move to another school (intiqalul madzhab). Consequently if someone wants to move out of syafi'i school then have to move one package (one qadliyah). That is to follow other schools that start from the terms of harmonious until the abandonment ablution, should not be half-half. For the general public, this is quite complicated.

Sayid Abdurrahman Baalawi issued a quote on the core of the madhhab from Al-Kurdi in Al-Fawaidul Madaniyyah which suggests that it is better to follow a weak opinion in one school than taklid (trailing) to another school because of difficulties in fulfilling all its conditions.

... نعم في الفوائد المدنية للكردي أن تقليد القول أو الوجه الضعيف في المذهب بشرطه أولى من تقليد مذهب الغير لعسر اجتماع شروطه اهـ.

That is, "..... yes indeed, in Al-Fawaidul Madaniyah by Al-Kurdi, that in a single opinion or face dhaif in one school with (fulfill) its condition is more mainstream than to other schools because it is difficult to fulfill Various conditions, (See Sayyid Abdurrahman Ba'alawi, Bughyatul Mustarsyidin, Darul Fikr, page 16).

In the matter of thawaf, what is hard to avoid is the touch between men and other women mahram. Imam Nawawi said, another type of touch in the thawaf is a common ordeal.

He recounts some of the views in the Shafi'i school which asserted among people of the opposite type if touching had a two-sided law.

The first side is for those who touch (al-lamis). The Shafiya cleric agrees that anyone who deliberately touches his law is void.

The second side is the one touched (al-malmus). For the person touched (accidentally touched) there are two opinions. In the opinion of the most saheeh is void, whereas in the opinion of some scholars do not void.

This second opinion which then gave birth to a concession for adherents of Shafi'i madhhab in berthawaf. The editorial of Imam Nawawi as follows.

مما تعم به البلوى في الطواف ملامسة النساء للزحمة ، فينبغي للرجل أن لا يزاحمهن ولها أن لا تزاحم الرجال خوفا من انتقاض الطهارة ، فإن لمس أحدهما بشرة الآخر ببشرته انتقض طهور اللامس وفي الملموس قولان للشافعي رحمه الله تعالي أصحهما أنه ينتقض وضوءه وهو نصه في أكثر كتبه ، والثاني لا ينتقض واختاره جماعة قليلة من أصحابه والمختار الأول

That is to say, "Including a uniform trial in thawaf is a touch with women because of jostling. It is best for men not to jostle with these women. Similarly, for women do not jostle with men because of fears of abolition ablution. Indeed touching one of the two against the skin of another can cause the cancellation of the touching person. As for those who are touched, there are two opinions in the school of Shafi'i rahimahullah. According to the most valid opinion is void the wudhunya people touched. It is the textual editors contained in the majority of the Syafii books. The second opinion says it is not void. This opinion was chosen by a small segment of Shafi'i followers. While the opinion was first elected, "(See Imam Nawawi, Al-Idhah Manasikil fi wal Hajj Umrah, Al-Maktabah Al-Imdadiyah, pages 220-221).
At least, from these earlier assumptions are considered weak because it is contrary to the opinion of a strong and famous among Syafiiyah by Imam Nawawi then directs the person who thawaf to use a minority opinion because the situation is indeed very difficult to avoid.
Between Sayyid Abdurrahman and Imam Nawawi in this thawaf problem can be drawn a conclusion red thread, because the difficulty of meeting the criteria to move schools and because of the condition of the Haram that is inevitable in contiguity problem of the opposite sex, then the followers of the Shafi'i madhhab not have to move schools. That's the first.
Secondly, in the case of the abrogation ablution, they can still follow the syafi'i school as long as it does not deliberate touch the opposite sex. As long as it is not intentional, do not abandon ablution.
Third, the idea that it does not touch another kind of void is not recommended for use under normal conditions, simply because the trials are equitable for people who tawaf, this opinion is enough to be a solution and may be used as described by Imam Nawawi. (Ahmad Mundzir)