Question:
Does touching the male private part without intent break the wudhu?
Answer:
This is from the matters which have a difference of a opinion. There is the hadith of Busrah [“Whoever touches his private part then he should make wudhu”] which is an authentic hadith. Then there is the hadith of Talq [“Verily it is a part of you”] which opposes it. When the man mentioned to the Prophet صلى الله عليه وسلم if the person could touch his private part and he has wudhu so the Prophet صلى الله عليه وسلم said to him [“Verily it is a part of you”] and he didn’t order him to redo his wudhu.
So a difference of opinion occurred between the scholars in this matter. Some of them say if you touch your private part with the bottom of your hand then it breaks your wudhu. As forward if it is with the back of the hand or the forearm or elbow or with any other part of his body then this does not break the wudhu, only if it is with the bottom of the hand.
From the scholars are those who say if he touches his private parts with desire then this breaks his wudhu as for it he touches them with no desire then this doesn’t break his wudhu. Then from them (the scholars) is those who says the order is for istihbāb (recommendation) not wujūb (obligation) because of the hadith of Talq and this is closest to being the correct opinion by combining between the two hadith and Allah knows best.
Therefore that which is considered is if something exits the private part, not by mere touching alone, but if someone was to have a desire and then something exited his private part then his wudhu is broken.
In this case then touching alone does not break the wudhu and Allah knows best.
Answered by: Shaikh Abu Abdillah Muhammad Ba Jamaal (May Allah preserve him)
Source: https://t.me/bajmaal/6070?single
Translated by: Abu Musa Jamaal al-Britani