(Q & A) Is Ghusl (Ritual Bath) Mandatory After Intercourse Without Ejaculation?

Question : I ask, Ustadz, is the ritual bath (ghusl) still mandatory if one engages in sexual intercourse without ejaculation?

Answer : Regarding this matter, some scholars cite the existence of ijma’ (consensus of scholars) that ghusl junub (ritual bath for major impurity) is mandatory if sexual intercourse takes place, regardless of whether semen is emitted or not, with the condition that dukhul has occurred, which is the entry of the male genitalia into the female genitalia, even if only for a brief moment. This ijma’ is cited by Ibn al-Qattan (1), Ibn Hubayrah (2), and Ibn Qudamah (3). Other scholars state that this is the opinion of the majority of scholars, as conveyed by Ibn Rushd Al-Hafid (4) and An-Nawawi (5). The evidence is the saying of the Prophet:

“If he (the man) sits between her four parts (limbs) and the circumcised part touches the circumcised part, then ghusl becomes obligatory.” (HR. Muslim: 349 from ‘Aishah).

However, there are narrations stating that a person does not need to perform ghusl if they do not emit semen during intercourse, and this was narrated from several Companions of the Prophet. The Tabi’in Zaid bin Khalid related that he asked ‘Uthman:

“What is your opinion if a man has intercourse with his wife but does not emit semen?” ‘Uthman answered, “He should perform ablution (wudhu) as he performs wudhu for prayer and wash his private part. I heard this directly from the Messenger of Allah.” I (Zaid) then asked the same thing to ‘Ali bin Abi Talib, Zubair bin Awwam, Talhah bin Ubaidillah, and Ubay bin Ka’ab—may Allah be pleased with them—and they commanded him to do the same.” (HR. Al-Bukhari: 292)

Thus, there is a contradiction between these two sayings of the Prophet; on one occasion the Prophet commanded the bath, but on the other, he only commanded wudhu and washing the private part. However, the conclusion regarding this ruling becomes clearer when the Companion Ubay bin Ka’ab conveyed:

“The Messenger of Allah only made that (not needing to bathe if intercourse occurs without ejaculation) a concession (rukhsah) for the people in the early days of Islam due to the scarcity of clothing. But later he commanded the bath (ghusl) and forbade that (doing only wudhu).” (HR. Abu Dawud: 214, At-Tirmidhi: 110, and Ibn Majah: 609 from Sahl bin Sa’ad As-Saidi).

The Companion Ubay bin Ka’ab was among those who initially held the opinion that ghusl junub was not necessary if no semen was emitted during intercourse. Eventually, he changed his view as indicated in the hadith above.

Conclusion: The strongest, safest, and most cautious opinion is to still perform ghusl junub even if one does not emit semen during intercourse. This is due to the strength of the evidence and the existence of ijma’ (consensus) of the scholars after the era of the Salaf regarding this matter. It is also to exit the dispute among the Companions, even though there were some Companions who viewed that the bath was not necessary. Furthermore, the one narrating the obligation of the bath is ‘Aishah, the figure who knew most about the most private aspects of the Messenger of Allah's daily life due to her position as his wife. Imam Al-Bukhari said: “Ghusl junub is more cautious, and that is the final ruling (in this matter).” (Al-Jami’ As-Sahih, 1/66).

Wallahu a’lam (And Allah knows best).