Fathwa - Passionate kissing while fasting

Question:
I have a question about what seems to be a contradiction, though I
could very obviously be mistaken.This is in regards to passionate
kissing while fasting. In the answer to the following post ( My
husband does not like kissing or other displays of physical affection.
He is religious, though, and may listen to religious advice.
In one answer, by Shaykh Muhammad ibn Adam al-Kawthari, it is stated that :
"Passionate kissing (orFrench kissing) is also the Sunnah of the
Messenger of Allah (Allah bless him & givehim peace).
Sayyida A'isha (Allah be pleased with her) narrates that the Messenger
of Allah (Allah bless him & givehim peace) would kiss her whilst he
was fasting (m, refer to the fiqh of kissing during fast) and he would
suck her tongue." (Sunan Abu Dawud, no.2378) "
But in the post entitledFrench Kissing While Fasting, answered by
Shaykh Faraz Rabbani, it says:
"French-kissing would inevitably result in an exchange of saliva, and
then that saliva being swallowed. As such, given the legal maxim that,
"The inevitable is considered actual," [Ibn Nujaym, al-Ashbah] the
fast would be considered broken, and must be made up. [Shurunbulali,
Maraqi al-Falah]"
Can you please clarify this matter for me. Jazakallahu khayran for all
that you all do.
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
Indeed it is reported from the Messenger of Allah (Allah bless him &
give him peace) that he would kiss his wife and our mother Sayyida
A'isha (Allah be pleased with her) passionately (by sucking on her
tongue) whilst in the state of fasting. (Sunan Abu Dawud, no: 2378)
However, when I quoted this Hadith in the answertitled "Passionate
kissingis also the Sunnah of the Messenger of Allah (Allah bless him &
give him peace)" I stated that please refer to the Fiqh of kissing
during a fast. The reason being is that, according to the Fuqaha,the
exchange of saliva through kissing will invalidate one's fast.
The Hanafi jurists (fuqaha) state that non-sexual affectionate
kissing, from which there is no fear of leading to intercourse
orejaculation, is allowed and not disliked. But, if one fears that
kissing will lead to ejaculation or intercourse, then it will be
disliked to kiss. However, one's fast remains valid as long as kissing
does not lead to actual sexual intercourse or does not result in
ejaculation. If kissing resulted in ejaculation, one's fast would
become invalid and hence will have to be made up (qadha), without
having to expiate for it (kaffara). (See: al-Fatawaal-Hindiyya, 1/200
& 1/204)
With regards to passionate or French kissing when saliva is exchanged,
it is stated in Maraqi al-Falah:
"And from the acts than invalidate one's fast and also necessitate an
expiation (kaffara) is the swallowing of the saliva of one's spouse or
friend,for one feels passion in it." (Tahtawi ala Maraqi al-Falah, P:
667)
It is stated in al-Fatawa al-Hindiyya:
"If one swallows the saliva of another, one's fast will be invalidated
without expiation (kaffara) being necessary, unless the saliva is of
one's friend (or spouse), for that will also necessitate expiation."
(1/203)
Thus, swallowing the saliva of another in a sexual manner with desire
and passion invalidates one's fast, with a make up (qadha) and
expiation (kaffara) both becoming necessary. Passionate kissing or
sucking on thetongue of one's spouse would inevitably result in an
exchange of saliva, and then that saliva being swallowed. As such, it
would result in the invalidation of one's fast. This is the position
of the Hanafi Fuqaha andalso the Fuqaha of some other Schools.
Now, the question arises as to how would the Hadith of the Messenger
of Allah (Allah bless him &give him peace), wherein he is reported to
have kissed passionately whilst fasting (quoted above), be explained?
Imam Hafidh Ibn Hajar al-Asqalani (Allah have mercy on him) states:
"There is a narration thathas been recorded by only Imam Abu Dawud
from Sayyida A'isha (Allah be pleased with her) that the "Messenger of
Allah (Allah bless him &give him peace) would kiss her passionately
(during a fast)" but the chain of this Hadith is weak. If it is proven
to be authentic, then it refers to when there is no exchange of
saliva, hence not swallowing one's spouse's saliva." (Fath al-Bari,
4/195)
The great scholar of Hadith of the Indian Subcontinent, Shaykh Khalil
Ahmad Saharanpuri (Allah have mercy on him) states in his commentary
of SunanAbi Dawud, Bazl al-Majhud, that this Hadith where it is
reported that the Messenger of Allah (Allah bless him & give him
peace) would kiss Sayyida A'isha passionately whilst fasting to the
point that he would suck on her tongue goes against what the Fuqaha
have stated that swallowing the saliva of another invalidates one's
fast.
One explanation is that the chain of transmissionfor this Hadith is
weak. The narrators Muhammad ibn Dinar and Sa'd ibn Aws are considered
to be weak, and neither is there another authentic Hadithwherein
"sucking on the tongue" is mentioned.
Secondly (if the Hadith is proven to be authentic), passionate kissing
and sucking on the tongue is not connected to fasting.Hence, the
meaning of the Hadith is that the Messenger of Allah (Allah bless him
& give him peace) would kiss Sayyida A'isha whilst he was fasting, and
normally when he kissed her, he would kiss her passionately (but not
necessarily whilst fasting).
Thirdly, Even if the passionate kissing took place in the state of
fast, the Messenger of Allah (Allah bless him & give him peace) would
ensurenot to swallow her saliva. The sucking on the tongue was very
subtle and not to the point where saliva was exchanged and swallowed.
(See: Bazl al-Majhud fi Hal Abi Dawud)
In Conclusion, passionatekissing is the Sunnah of the Messenger of
Allah (Allah bless him & give him) as mentioned in theHadith of Sunan
Abi Dawud, although some have considered the chain of this Hadith to
beweak. However, it wouldnot be allowed to kiss passionately whilst in
thestate of fasting, for the exchange of saliva and the resulting
swallowing will invalidate one's fast.
And Allah knows best