Fathwa, - Touching the torah and the gospel in case of minor or major impurity

Question
I read in the different oldbooks of Fiqh that there is an opinion
indicating prohibition of touching the Torah and the Gospel while one
is in a state of minor or major impurity (requires Wudhoo' or Ghusl).
Some scholars restricted prohibition to what is not distorted of these
books. Is this valid nowadays? It is proved now that these books have
been distorted, so isit permissible for one to touch them while he is
inthis state?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His Slave and Messenger.
The scholars provided different views with regards to the ruling of
touching the heavenly books other than the Quran by a person who isin
a state of minor or major impurity. Most of them are of the view
thatit is permissible to touch these books, even if it is proved that
they are not distorted. They argued that a person who is in a state of
minor of major impurity is only forbidden to touch the noble Quran,
due to its advantage over the otherbooks.
An-Nawawi a Shaafi'i scholar, elaborated on this issue and said: " It
is permissible for a person who is in a state of minoror major
impurity to touch and carry the Torah and the Gospel. The majority of
the scholars adopted this view. Al-Maawardi and Ar-Rooyaani, however,
mentioned two relevant opinions: the first is that it is
impermissible. The second is that it is permissible because these
books are abrogated. This is the view adopted by most of the Shaafi'i
scholars. Al-Mutawalli said, 'If one thinks that some parts of these
books are not distorted, it is just disliked, not prohibited, to touch
them .' "
Al-Hattaab a prominent Maaliki scholar, said: " It is not disliked for
a person whois in a state of minor or major impurity to touch the
Torah, the Gospel andthe Zaboor (the book of Psalms). That is because
the prohibition of doing that is only restricted to the Quran. On the
other hand, what is not in Arabic is not considered to be the Quran.
Even when the Quran is written in any language other than Arabic, it
is permissible for one who is in a state of minor or major impurity to
touch it because it is not Quran;rather, it is just the interpretation
of the meanings. The other books are distorted and we do not know
whetherthey are authentic or not . "
Al-Haskafi a prominent Hanafi scholar, said: " The preponderant
opinion of the Hanafi scholars is thattouching the Torah and similar
books while one is in a state of minor or major impurity is not
forbidden, unlike the Quran . "
Al-Mardaawi a Hanbali scholar, said in Al-Insaaf: " According to the
sound opinion of the Hanbali scholars, it is permissible for one who
is in a state of minor or major impurity to touch the Quranic parts
whose recitation is abrogated aswell as other books, such as the Torah
and the Gospel. According to another opinion, this is not permissible
. "
Consequently, one is blameless for touching the Torah or the Gospel
while he is in a state of minor or major impurity, particularly the
current books which have been distorted and altered by addition and
deletion.
Allaah Knows best. - - ▓███▓ Translator:->
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