In the name of Allah,
The prophet (peace and blessings be on him) would kiss some of his wives while fasting, and he would bathe after dawn owing to major impurity. He compared fasting kisses to ablution mouthwash.
Umar said, “I was excited once, and I kissed [my wife] while I was fasting. I told the Prophet, “Today I did a horrible thing—I kissed while fasting.” The Prophet inquired, “What do you think about rinsing your mouth with water when fasting?”
“That’s OK,” I said. “Then what is the question?” asked the Prophet[i].
According to Ibn al-Munzhir, “Umar, Ibn ‘Abbas, Abu Hurairah, ‘Aishah, ‘Ata, ash-Sha’bi, al-Hassan, Ahmad, and Ishaq allow kissing.”[ii]
Amr ibn Salamah questioned the Messenger of Allah (peace and blessings of Allaah be upon him), “Can a fasting person kiss (his wife)?”
The Messenger of Allah (peace and blessings of Allah be upon him) remarked, “Ask her,” meaning Umm Salamah, and she informed him that the Messenger used to do that.[iii]
Imam An Nawawai:
‘Some of the prophet’s companions and followers, like Ahmed, Ishaq, and Abu Dawood, think it’s legal in all cases. In every circumstance, Imam Malik despised it.
According to Ibn Abbas, Abu Haneefah, Al Thawri, Al Awzai, and Al Shafi, younger men are discouraged but older ones are not. According to reports, Malik said this. It is also said that Imam Malik thought it was okay during voluntary fasting but not obligatory.
Kissing without ejaculation does not break a fast, according to all scholars. Al Khattabi and others say that Ibn Masud and Sa’d ibn Al Musayyib thought that a fasting man who kisses his wife should fast another day’.[v]. Click here to know the nullifiers of fasting.
It is recorded in Malik Muawatta that Abdullah ibn Abbas was asked about people kissing while fasting and he said that he allowed it for old men but disapproved of it for young men[iv].
A’isha (may Allah be pleased with her) said that prophet (peace be upon him) kissed one of his wives while he was fasting. “A’isha” then smiled. (as she narrated)[vi].
The classical Hanafi Book Al hidaya mentions:
‘There is no harm in kissing if the person is in control of himself when it comes to intercourse and ejaculating. It is disapproved if he lacks confidence in this, as kissing does not break the fast on its own, but its consequences may contribute to the fast being broken. Kissing is allowed if he is in control.
If he is not in control of himself, the consequences are considered, and the action is disapproved’.
As for the Maliki madhab, there is disagreement within the madhab as to whether kissing is Makrooh or Haraam. According to them, it is makrooh, only if the individual is young and strong.[vii].
The outstanding Maliki Scholar Ibn Abi Zayd mentions his Ar Risala:
‘In summary, it is disliked for elderly and young, male and female, to kiss their spouse or slave girl while fasting. It’s the same when he believes he’s protected from ejaculation and prostatic fluid. It is prohibited if he knows or suspects that he is not safe.[viii]
As for the report of ‘Aa’isha that the prophet (may Allaah send salutations upon him) would tongue kiss her when fasting has been questioned[ix].
The narration of Maymoona, who said: the prophet (may Allaah send salutations upon him) was questioned about a fasting man who kissed his fasting wife, and he replied: (he has broken his fast), is unreliable.
Ad Daaraqutnee and Al Bukhaaree criticized it.
There is no evidence that he distinguished between young and elderly[x]. This applies to old and young men alike. The issue is whether the contact stimulates one’s desire. If so, it’s despised. If not, it is not hated but should be avoided. It doesn’t matter where the kiss was. Touching with the hand or hugging follow the same rules as kissing.[xi]
However, it has been reported that Aboo Hurayra said: the prophet (may Allaah send salutations upon him) allowed kissing while fasting, but another man asked him and he disallowed it. The first man was old and the second young[xii].
Sources:
[i] Grade: Sahih (Darussalam) (Darussalam) Musnad Ahmad 138
[ii] Fiqh us sunnah, Sayed Sabiq, Page 260
[iii] Sahih Muslim (1108).
[iv] Muwatta Malik Book 18, Hadith 19
[v] Sahih Muslim With Full Commentary By al-Nawawi, Vol 6 English, Al-Minhaj Sharh Sahih Muslim ibn al-Hajjaj Sahih Muslim, With Full Commentary By Imam Al-Nawawi, Translated And Edited By Adil Salahi, The Islamic Foundation & Islamic Community Milli Gorus (ICMG), Australia Distributed By Kube Publishing, Page 445-446
[vi] Sahih Muslim 1106a
[vii] Al-Qawanin al-Fiqhiyyah: The Judgments of Fiqh, Abu’l-Qasim Ibn Juzayy Al-Kalbi (Author), Asadullah Yate (Translator), Vol 1, page 220
[viii] The Risala Ibn Abi Zayd Al Qaywarani’s Manual of Islamic Law, Translated by Aisha Bewley page 376
[ix] Grade: Da’if (Al-Albani)
Sunan Abi Dawud 2386
[x] Ibn Qayyim Al-Jawziyya (ZAD AL M AA’D) PROVISIONS OF THE AFTERLIFE, WHICH LIE WITHIN PROPHETIC GUIDANCE, Translation Ismail Abdus Salaam, Dar Al-Kotob Al-llmiyah Publication, 2010, Page 130
[xi] Fiqh us sunnah, Sayed Sabiq, Page 260
[xii] Abu Dawūd (no. 2387) and declared sahīh by Al-Albāni