Question on Madhab

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Question:

Assalamualaikum wbt,
A husband and wife are from different madhabs, the husband is Hanafi and the wife is Shafie.
In the Shafie madhab, the whudu is broken if one makes physical contact (where skins touch, even by accident) with their spouse.
There is a hadith whereby the Prophet SAW kissed Aisha RA on the forehead before heading to the Masjeed.
In this instance, can the wife (of the Shafiee madhab) take this hadith over the Shafiee ruling, especially as it’s difficult to maintain physical distance to keep whudu when the husband’s madhab doesn’t observe the same ruling.(Shafiee)

 

Answer:

We should keep in mind that Imam Shafi ra and the Shafi scholars that came after him have evidences for their position.
Picking randomly views of other mazhabs could lead to other complications.
When spouses are following different schools of thought it would be more practical for one of the spouses to adopt the other’s mazhab.
Therefore this is what I recommend to you based on personal advice I received from Mufti Taqi Usmani sahib for someone in a similar situation.

Answered by Mohammed Shakeeb

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