Saturday, October 13, 2012

It is haraam for a man toshake hands with a non-mahram woman in the Maaliki madhhab

I want to know in what reference it says that Imam Maalik forbade a
man to shake hands with a non-mahram woman.
There is an opinion which says that there are four possible scenarios,
and in only one is it regarded as haraam for a man to shake hands with
a non-mahram woman. These four scenarios are:when the one who is
shaking hands does it for the sake of pleasure and finds pleasure in
it; when he does it for the sake of pleasure but does not find
pleasure init; when he does not do it for the sake of pleasure but
finds pleasure in it; and when he does not do it for the sake of
pleasure and does not find pleasure init.
Who is the author of thisopinion? Does he belongto the Maaliki madhhab?.
Praise be to Allaah.
Firstly:
In Mukhtasar al-Akhdari and other Maaliki books there is an indication
that it is haraam to shake hands with a non-mahram woman according to
the madhhab of Maalik (mayAllah have mercy on him).
'Aleesh said in Minah al-Jaleel Sharh Mukhtasar Khaleel (1/22): It is
not permissible for a man to touch the face or hand of a non-mahram
woman, and it is not permissible for them to put their hands
togetherwithout a barrier. 'Aa'ishah (may Allah be pleased with her)
said: The Prophet (blessings and peace of Allah be upon him) never
accepted the oath of allegiance (bay'ah) of a woman by holding her
hand; he would accept women's oath of allegiance verbally. According
to another report: His hand never touched the hand of a woman; rather
he wouldaccept their oath of allegiance verbally. End quote.
Secondly:
The details that you mentioned have to do with losing wudoo' by
touching; wudoo' is broken in the event of seeking pleasure, or
finding pleasure (even ifhe was not seeking it), or seeking it and
findingit. Wudoo' is not broken when one does not seek pleasure or
find it.
The prohibition is connected to doing it deliberately, whether there
is pleasure or not.
For more information please see the answer toquestion no. 21183 and 2459
And Allah knows best.

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