Touching the Torah and the Gospel in case of minor or major impurity
7-4-2013 | IslamWeb
Question:
I read in the different old books of Fiqh that there is an opinion indicating prohibition of touching the Torah and the Gospel while one is in a state of minor or major impurity (requires Wudhoo’ or Ghusl). Some scholars restricted prohibition to what is not distorted of these books. Is this valid nowadays? It is proved now that these books have been distorted, so is it permissible for one to touch them while he is in this state?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The scholars provided different views with regards to the ruling of touching the heavenly books other than the Quran by a person who is in a state of minor or major impurity. Most of them are of the view that it is permissible to touch these books, even if it is proved that they are not distorted. They argued that a person who is in a state of minor of major impurity is only forbidden to touch the noble Quran, due to its advantage over the other books.
An-Nawawi 
a Shaafi‘i scholar, elaborated on this issue and said: “It is permissible for a person who is in a state of minor or major impurity to touch and carry the Torah and the Gospel. The majority of the scholars adopted this view. Al-Maawardi and Ar-Rooyaani, however, mentioned two relevant opinions: the first is that it is impermissible. The second is that it is permissible because these books are abrogated. This is the view adopted by most of the Shaafi‘i scholars. Al-Mutawalli said, ‘If one thinks that some parts of these books are not distorted, it is just disliked, not prohibited, to touch them.’”
Al-Hattaab a prominent Maaliki scholar, said: “It is not disliked for a person who is in a state of minor or major impurity to touch the Torah, the Gospel and the Zaboor (the book of Psalms). That is because the prohibition of doing that is only restricted to the Quran. On the other hand, what is not in Arabic is not considered to be the Quran. Even when the Quran is written in any language other than Arabic, it is permissible for one who is in a state of minor or major impurity to touch it because it is not Quran; rather, it is just the interpretation of the meanings. The other books are distorted and we do not know whether they are authentic or not.”
Al-Haskafi a prominent Hanafi scholar, said: “The preponderant opinion of the Hanafi scholars is that touching the Torah and similar books while one is in a state of minor or major impurity is not forbidden, unlike the Quran.”
Al-Mardaawi a Hanbali scholar, said in Al-Insaaf: “According to the sound opinion of the Hanbali scholars, it is permissible for one who is in a state of minor or major impurity to touch the Quranic parts whose recitation is abrogated as well as other books, such as the Torah and the Gospel. According to another opinion, this is not permissible.”
Consequently, one is blameless for touching the Torah or the Gospel while he is in a state of minor or major impurity, particularly the current books which have been distorted and altered by addition and deletion.
Allaah Knows best.