Praise be to
Allaah.
Shaykh ‘Abd al-‘Azeez ibn Baaz was asked a similar question,
and he said:
It is not permissible for a Muslim to touch the Qur’aan
when he does not have wudoo, according to the majority of scholars.
This is the view of the four imaams (may Allaah be pleased with them),
and this was the view expressed in the fatwas of the Companions of the
Prophet (peace and blessings of
Allaah be upon him). A saheeh hadeeth concerning that has been narrated
from ‘Amr ibn Hazm (may Allaah be pleased with him), stating that the
Prophet (peace and blessings of
Allaah be upon him) wrote to the people of Yemen: “No one should touch
the Qur’aan except one who is taahir (pure).” This is a jayyid hadeeth
which has a number of other isnaads which strengthen it. Hence it is
known that it not permissible to touch the Qur’aan except in a state
of purity from both major and minor impurity. The same applies to moving
it from place to place, if the person who is moving it is not taahir.
But if he touches it or moves it with something in between, such as
picking it up in a wrapper, then it is OK. But if he touches it directly
when he is not taahir, this is not permitted according to the saheeh
view of the majority of scholars, for the reasons stated above. With
regard to reciting it, it is OK for him to recite it from memory when
he is without wudoo’, or for him to read it if the Qur’aan is held by
someone who asks him to correct or prompt him.
But the person who is junub, i.e., in a state of major
impurity, should not recite Qur’aan, because it was narrated from the
Prophet (peace and blessings of
Allaah be upon him) that nothing ever kept him from reciting Qur’aan
except for janaabah (major impurity). Ahmad narrated with a saheeh isnaad
from ‘Ali (may Allaah be pleased with him) that the Prophet
(peace and blessings of Allaah be upon him) came out from the toilet
and recited something from the Qur’aan. He said, “This is for the one
who is not junub; but the one who is junub should not do this, not even
one aayah.”
The point is that the one who is junub
should not recite Qur’aan either from the Mus-haf or from memory, until
he has taken a bath (ghusl). But the one who has broken his wudoo’ and
is impure in the sense of minor impurity may recite Qur’aan from memory
but she should not touch the Mus-haf.
Fataawa al-Shaykh Ibn Baaz (may Allaah have mercy
on him), 10/150
With regard to the hadeeth about the purity of the believer,
it was narrated that Abu Hurayrah said: “I was met by the Messenger
of Allaah (peace and blessings
of Allaah be upon him) and I was junub. He took my hand and I walked
with him until he sat down. Then I slipped away and washed myself (ghusl),
then I came to where he was sitting. He said, ‘Where were you, O Abu
[Hurayrah]?’ I told him, and he said, ‘Subhaan-Allaah, O Abu [Hurayrah]!,
the believer does not become impure.” (Narrated by al-Bukhaari, al-Ghusl,
276; Muslim, al-Hayd, 556).
Al-Nawawi said in his Commentary on Saheeh Muslim:
this hadeeth illustrates a great principle that the Muslim is taahir
whether he is alive or dead. If his purity is established, then his
sweat, saliva and tears are all pure too, whether he (or she) is without
wudoo’, in a state of major impurity (junub), menstruating or bleeding
after childbirth.
Once this is understood, then the meaning of his being
pure (tahhir) will become clear. It means that there is nothing to prevent
his body from being essentially pure even when at the same time he has
broken his wudoo’, because being without wudoo’ is simply something
that prevents one from praying, or doing other things for which tahaarah
(purity) is a pre-condition.
And Allaah knows best.