Fiqh
1.7: Dead animals of the sea and dead locusts
Ibn
‘Umar reported that the Messenger of Allah said, “Two types of dead animals and
two types of blood have been made lawful for us. The types of dead animals are
seafood and locusts. The two types of blood are the (blood of the) liver and
the spleen.”
This
is related by Ahmad, ash-Shaf’i, al-Baihaqi and adDaraqutni. The hadith is
weak, but Imam Ahmad says that it is authentic in mauqoof form. Abu Zar’ah and
Abu Hatim have said the same. Such a report has the implication of a marfu’
hadith because a companion saying, “This was allowed for us” or “This was
forbidden for us” is like one of them saying, “We were ordered to do this,” or
“We were forbidden to do this,” and so on. (Such statements are considered
marfu’ with respect to their regulations). Andwe have already mentioned the
Prophet’s statement concerning the ocean, “Its water is pure and its’dead
animals’ are allowable (to eat.).”
Fiqh 1.7 a: Dead animals that have no running
blood
(That
is) bees, ants, and so on. They are considered pure. If they fall into some
substance and die, the substance will not become impure. Ibn al-Munzhir said,
“I do not know of any disagreement concerning the purity of such water save
what has been related from ash-Shaf’i. It is well-known that he views them as
being impure. Nevertheless, it does not bother him if the object falling into a
substance does not alter it (in any way).”
Fiqh 1.7 b: Bones, horns, claws, fur,
feathers, and skin and so on of dead animals
All
of these are considered pure. Concerning the bones of dead animals, az-Zuhri
said, “I have met some scholars of the preceeding generations who used such
objects for combs and pots for oil, and they did not see anything wrong in
that.” This is related by al-Bukhari. Said Ibn ‘Abbas, “The client of
Maimunah
was given a sheep as charity, and it died. The Messenger of Allah, upon whom be
peace, passed by it and said, ‘Why do you not remove its skin, treat it and put
it to use?’ She said, ‘It isdead’ (i.e., it has not been slaughtered properly).
He said to her, ‘Only eating it is forbidden.”’ This is related by the group.
Ibn Majah attributes the incident to Maimunah and her client. Al-Bukhari and
anNasa’I do not mention treating the skin. It is reported from Ibn ‘Abbas that
he recited: “Say (O
Muhammad):
“In all that has been revealed to me, I do not find anything forbidden to eat;
if one wants to eat thereof, unless it be carrion, or blood poured forth, or
swine flesh...” (al-An’am 145). Then he said, “What is forbidden is its meat.
As for its skin, skin used for waterskins, teeth, bones, fur and wool, they are
permissible.” This is narrated by Ibn Munzhir and Ibn Hatim. Similarly, its
rennet and milk are considered pure. This is supported by the fact that when
the companions conquered Iraq, they ate the cheese of the Magians which was
made from rennet, although their slaughtered animals were considered the same
as ‘dead animals.’ It is confirmed from Salman al-Farsi that when he was asked
about cheese, clarified butter and pelts, he said, “What is permissible is what
Allah made permissible in His book. What is forbidden is what Allah made
forbidden in His book. What he omits, He has pardoned for you.” It is well-known
that he was being asked about the cheese of the Magians, as Salman was ‘Umar’s
deputy in Mada’in, Iraq.
Fiqh 1.8: Blood
This
includes blood that pours forth from an animal’s body, such as blood from a
slaughtered animal, or from menstruation, except for what small amounts are
overlooked. Ibn Juraij said about the Qur’anic verse “...or blood poured
forth...” (al-An’am 145), that this is the blood that flows out. The blood that
does not flow out, but remains in the veins, is permissible. This is related by
Ibn al-Munzhir. And it is also related from Abu Majlizn in his discourse on
blood that he was asked, “What about the blood that remains in the slaughtered
sheep or at the top of the cooking pot?” He answered, “There is no problem with
it. What is forbidden is the blood that flows out (of the animal at the time of
slaughtering).” This was recorded by ‘Abd ibn Hameed and by Abu ash-Shaikh. It
is also related from ‘Aishah that she said,”We used to eat the meat when the
blood was streaking the pot.” Al-Hassan said, “The Muslims always prayed, even
while they were bleeding.” This was mentioned by al-Bukhari. It is confirmed
that ‘Umar prayed while his wound was bleeding. Elucidating the point, Ibn Hajr
says in Fath al-Bari (a commentary on Sahih al-Bukhari): “Abu Hurairah did not
see anything wrong in a drop or two of blood during the prayers. Based on this
report from Abu Hurairah, the blood of a flee or the blood that comes from a
pimple are to be overlooked. Abu Majlizn was asked about pus that gets on the
body or the clothes. He said, ‘There is nothing wrong with them. Allah mentions
only the blood, not the pus.”Commenting on the subject, Ibn Taimiyyah says, “It
is obligatory to clean the clothes from pus, purulent matter or similar
fluids.” He also says, “There is no proof concerning its impurity.” It is
preferred for the person to avoid contact as much as possible with these
substances.
Fiqh 1.9: Pig’s meat
According
to the verse (al-An’am 145) quoted earlier, items mentioned therein are impure.
The pronoun ‘they’ refers to all three of the mentioned items. It is, however,
allowed to knit with the hair of a pig according to most of the scholars.
To
be continued