Monday, July 15, 2013

-469-THE SHARH OF BULUGH AL MARAAM (THE ISLAMIC RULINGS IN REGARDS TO TANNED ANIMAL SKINS)

 
THE SHARH OF BULUGH AL MARAAM:
Book 1 Chapter 2 (THE ISLAMIC RULINGS IN REGARDS TO TANNED ANIMAL SKINS) Page 24

By Shaikh Abdullah Faisal
Edited By Muminah_29
January 13, 2013



HADITH 20:

20. Narrated Ibn 'Abbas (RAA): The Messenger of Allah (Sallallahu alayhi wa sallam) said, "If the animal's skin is tanned, it becomes pure (Tahir)"
[Reported by Muslim]

HADEETH NUMBER 21:

21. Narrated the four Imams: "Tanning any skin (purifies it)"

HADEETH NUMBER 22:

22. Narrated Salamah bin alMuhabbiq (RAA): The Messenger of Allah (Sallallahu alayhi wa sallam) said, "Tanning the skin of a dead animal purifies it." Ibn Hibban authenticated it.

HADEETH NUMBER 23:

23. Narrated Maimunah (RAA): The Prophet (Sallallahu alayhi wa sallam) passed by a dead sheep being dragged along by (some people). Thereupon he said to them, "Why didn't you make use of its skin?" They told him, "It is a dead animal (i.e. had died a natural death, without being slaughtered)." He said to them (Sallallahu alayhi wa sallam). "Water and the leaves of mimosa flava purify it"
[Related by Abu Dawud and anNasa'i]


SHARH:

When the animal hide (Skin) is tanned it becomes purified.
In the past water skin was used as containers
They are no longer used but however leather is still very useful because it is used for bags, wallets, belts, shoes, jackets, camera cases, chairs, car seats, gloves and saddles for horses

The words of the Holy Prophet (Sallallahu alayhi wa sallam) are considered wahi (revelation)

Therefore we have to accept them wholeheartedly because Allah said:

Nor does he speak of (his own) desire. (AnNajm 53:3)

It is only an Inspiration that is inspired. (AnNajm 53:4)

And whatsoever the Messenger (Muhammad Sallallahu alayhi wa sallam) gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allāh. Verily, Allāh is Severe in punishment. (AlHashr 59:7)

So by learning Fiqh, you are learning to accept the verdicts of the Holy Prophet (Sallallahu alayhi wa sallam)

It is not for a believer, man or woman, when Allāh and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allāh and His Messenger, he has indeed strayed in a plain error. (AlAhzab 33:36)

Therefore pious people love Fiqh because they are practicing Muslims who want to surrender to Allah wholeheartedly.
So any Muslim woman who does not know the ruling regarding haidh (menses) is not practicing.

During the time of the Holy Prophet (Sallallahu alayhi wa sallam) the women used to take their sanitary towels to Aisha (r.a) to see if their menstruation has stopped
They were concerned about their Salah and the ahkaam of Salah
A person who is not practicing does not care because surrendering to Allah is not on his agenda

Because of this reality the Holy Prophet (Sallallahu alayhi wa sallam) said,

Narrated By Abu Huraira: Some people asked the Prophet Sallallahu alayhi wa sallam: "Who is the most honorable amongst the people?" He replied, "The most honorable among them is the one who is the most Allahfearing." They said, "O Allah's Prophet! We do not ask about this." He said, "Then the most honorable person is Joseph, Allah's Prophet, the son of Allah's Prophet, the son of Allah's Prophet, the son of Allah's Khalil." They said, "We do not ask about this." He said, "Then you want to ask me about the Arabs' descent?" They said, "Yes." He said, "Those who were best in the prelslamic period, are the best in Islam, if they comprehend (the religious knowledge)."  [Sahih Bukhari, Vol 4, Book 55, Hadith 593]

I have been to 300 masjids and many men wipe the bottom of their socks
How can a person be a muslim for 50 years and not know where to wipe over your socks when performing wudu.
They use their aql (intellect) to wipe the bottom of their socks.

Ali (RA) observed, "If the religion was based on opinion, the bottom of the sock would take preference in being wiped to the top of the sock."
[Related by Abu Dawud (1/90) No. 162 and adDaraqutni (1/378) No. 783 with a hassan or sahih chain.]

To learn the complicated aspects of Fiqh is Fard Kifayah
E.g. the Islamic ruling of inheritance
This topic can be difficult for many people because it is complicated, however to learn the Ahkaam of basic Fiqh like how to make Wudu, Ghusl, Tayammum and Salah is Fard ul Ayn and no one is excused from this knowledge

The Holy Prophet (Sallallahu alayhi wa sallam) said tanning purifies animal skin

Animal skins are of two types:

1. THE ANIMAL SLAUGHTERED PROPERLY

E.g. the cow, goat, sheep, and camel they are halal to eat

2. ANIMALS THAT DIED BY THEMSELVES (MAITA)

The hukum for maita is that the meat is haraam and the hide is also impure

THE SKIN OF MAITA

Allah said:

Eat not (O believers) of that (meat) on which Allāh's Name has not been pronounced (at the time of the slaughtering of the animal), for sure it is Fisq (a sin and disobedience of Allāh). And certainly, the Shayātin (devils) do inspire their friends (from mankind) to dispute with you, and if you obey them [by making AlMaytatah (a dead animal) legal by eating it], then you would indeed be Mushrikûn (polytheists) [because they (devils and their friends) made lawful to you to eat that which Allāh has made unlawful to eat and you obeyed them by considering it lawful to eat, and by doing so you worshipped them, and to worship others besides Allāh is polytheism].
(AlAn'am 6:121)

We include the skins of the lion, snake, and tiger


ANIMALS THAT ARE NOT SLAUGHTERED PROPERLY AND THOSE THAT ARE NOT HALAL TO EAT

The Fuqahaa say that the skin of halal meat animals does not need tanning to be pure
They are naturally pure.

The Arabic word Alihaabu (the skin of the animal before the tanning process)
Al (means general)
Before the tanning, the ruling on the skin is that it is najis therefore the Hadith is talking about animals that are haram for us to eat

According to the Dhaahiriyyah madhab all skin becomes pure when they are tanned even that of pigs.

So if a Muslim wears leather made from pig skin he acted upon Shariah law.
According to Abu Hanifah, all skins are halal except that of the pig.
Therefore you are allowed to wear snake and crocodile skin

Imam Shafi said the dog skin is impure just like the pigskin. (i.e they are both impure).
So all tanned skin is halal to use except dogs and pigs according to the Shafi madhab.
Therefore if you come to Salah wearing a leather jacket made from pigskin your Salah is baatil because you had najasa on you while praying.

The correct opinion in regards to tanned animal skin is that of Imam Shafi because of the ayah:

Say (O Muhammad Sallallahu alayhi wa sallam): "I find not in that which has been inspired to me anything forbidden to be eaten by one who wishes to eat it, unless it be Maytatah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of swine (pork, etc.) for that surely is impure, or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for others than Allāh (or has been slaughtered for idols, etc., or on which Allāh's Name has not been mentioned while slaughtering). But whosoever is forced by necessity without willful disobedience, nor transgressing due limits, (for him) certainly, your Lord is OftForgiving, Most Merciful." (AlAn'am 6:145)

Also there are some shoe brands like Clarks in which they use pigskin to make their shoes.
Even though shoes are made with a percentage of cow leather and a percentage of pig leather it is still haram to wear because it contains a percentage of pig leather and we were commanded by Allah to stay away from pigs and the by-products of pigs.
Therefore if a Muslim prays wearing a belt made out of pig leather the Salah is baatil (void) because he prayed while he had impurity on him.
Any Salah performed while the person had impurity on him is baatil.

IT IS HALAL TO PRAY WITH SHOES ON BUT THE SALAH IS BAATIL IF IT HAS NAJASA ON IT

Abu Sa’eed al-Khudri said: Whilst the Prophet (peace and blessings of Allaah be upon him) was leading his companions in prayer, he took off his shoes and placed them to his left. When the people saw that, they took off their shoes. When the Messenger of Allaah had finished the prayer he said, “What made you take off your shoes?” They said, “We saw you take off your shoes, so we took off our shoes.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Jibreel (peace be upon him) came to me and told me that there was some filth on them.” And he said: “When one of you comes to the mosque, let him check his shoes, and if he sees any filth on them, let him wipe them and pray in them.” (Abu Dawood Ibn Khuzaimah & Haakim, who declared it saheeh and Dhahabi and Nawawi agreed. Also found in Irwaa' (284)

Ahmad Ibn Hanbal and Imam Malik said that if you want to have water skin made of leather, it is only allowed if it is made of the skin of an animal that is halal to eat

However you are not allowed to have a water skin made from the leather of an animal, which is haram to eat.
You may use it as shoes, belt, wallet etc but not for water skin.
You can only use it for dry purposes not wet purposes like water skin

YOU NEED TO ASK THE LEATHER EXPERT TO KNOW WHICH ONE IS PIG LEATHER BECAUSE WE ARE OBLIGED TO STAY AWAY FROM PIG AND ITS BY-PRODUCTS

LESSONS FROM MAIMUNA'S SHEEP

In this hadith the Holy Prophet (Sallallahu alayhi wa sallam) passed by some people
They had a dead sheep and the Holy Prophet told them to benefit from its skin

1. The Sahabahs applied the ruling of najasa on the meat as well as the skin too

2. The Holy Prophet (Sallallahu alayhi wa sallam) was a teacher 24/7 and he did not step out of his role as a teacher.
Even when he was sleeping, because he showed us how to sleep properly.
He slept on his back and his right side
When you sleep according to the Sunnah of the Holy Prophet (saws) you get barakah while you sleep.

3. The Sahabahs of Madinah were Fuqahaa (experts in Fiqh)

They lived in darul Islam
When the Sahabahs of Makkah who refused to migrate came to Madinah at a later stage in their lives they realized they missed out a lot on religious knowledge and wanted to beat up their wives who stopped them from migrating.
Hence Allah revealed the following ayah

O you who believe! Verily, among your wives and your children there are enemies for you (i.e. may stop you from the obedience of Allāh), therefore beware of them! But if you pardon (them) and overlook, and forgive (their faults), then verily, Allāh is OftForgiving, Most Merciful. (AtTaghabun 64:14)

4. The Holy Prophet (Sallallahu alayhi wa sallam) accepted their verdict that both the meat and the skin is najis

5. After accepting their verdict he directed them to the way of purifying the skin in order to benefit from the skin
He told them that water and mimosa flava will make it pure

6. The expression 'water and mimosa flava' is a metaphor for the tanning process
 
7. A Muslim is supposed to be resourceful and secure his wealth and not waste it because the wasters are the brothers of the Shaitan

Verily, spendthrifts are brothers of the Shayatīn (devils), and the Shaitān (Devil Satan) is ever ungrateful to his Lord. (AlIsra 17:27)

8. The Holy Prophet (Sallallahu alayhi wa sallam) was a keen observer of the Muslim community

He was so keen that he could tell the character of everyone. He even knew those who were stingy and those who were kind to their wives.

The summary of the four Hadiths we quoted is:
All animal skins are purified when they are tanned except the skin of dogs and pigs
Muslims who pray in belts and leather jackets made of pigs skin their Salah is baatil because they prayed with najasa

Animals whose flesh are haram to eat like the snake are not allowed to be used as water skin but can be used as belts shoes wallets etc after they are tanned.

Shoes made from pigskin or lined with pigskin are haram to wear

THE SALIVA OF THE PIG

The scholars say that if the saliva of the pig should touch something it should be washed 7 times, the first time with dirt.

They used Qiyaas by comparing it with the dog.
Uthaymeen said this Qiyaas is weak and that just one wash is sufficient.

Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) said: “This is a weak analogy, because pigs are mentioned in the Qur'aan and they existed at the time of the Prophet (peace and blessings of Allaah be upon him), and there is no report which likens them to dogs. So the correct view is that pig related impurity is like any other kind of impurity, and there is no need to wash seven times, one of which should be with dust or dirt.”
[AlSharh alMumti', 1/356]

The reason why the Holy Prophet (Sallallahu alayhi wa sallam) said that the dogs saliva is washed with dirt is because it has rabies in it.

The dirt has fluorine, which kills the rabies
But the pig saliva doesn't have rabies

TOUCHING DRY NAJASA

According to Ibn Jibrin, you don't need to wash your hand

Shaykh Ibn Jibreen said: If the body or clothes are dry and touch something impure that is also dry, that does not matter, because the impurity is only transferred when it is wet. [Fataawa Islamiyyah, 1/194]

It is only transferable if it or your hand is wet

QUESTION 1:

Regarding leather shoes/wallets etc we buy from shops, if we don't know how they were tanned i.e. tanned properly or made from skins we are not allowed to use, what is the verdict on these?

ANSWER 1:

The leather experts will tell you what kind of leather it is
Buy the leather you are certain about even if a 1/4 is pigskin you cannot wear it
Praying in these items makes your Salah baatil
The ruling on dog skin is the same as pigskin
All skins are purified by tanning except pigskin and dog skin
If the animal is halaal and slaughtered properly you don't have to tan it to wear it
If not slaughtered properly you have to tan it before you can use it.

QUESTION 2:

Touching dry najasa, for example dried urine or feces of humans or animals by mistake according to Shaykh Jibreen do not require washing. However, it is very common to transfer dirty smells and dirt even if the substances are dry. Please explain further

ANSWER 2:

He means the najasa can only transfer diseases if it is wet
If it is dry you don't have to wash
It is recommended to wash to be on the safe side and to be more hygienic

QUESTION 3:

What can pigs be used for? Like are there any benefits to raising pig's Islamically?

ANSWER 3:

It can't be used for anything because we were commanded to stay away from pigs and its by-products. We can’t even use it for candles because the fumes from the candle is najis

Say (O Muhammad Sallallahu alayhi wa sallam): "I find not in that which has been inspired to me anything forbidden to be eaten by one who wishes to eat it, unless it be Maytatah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of swine (pork, etc.) for that surely is impure, or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for others than Allāh (or has been slaughtered for idols, etc., or on which Allāh's Name has not been mentioned while slaughtering). But whosoever is forced by necessity without willful disobedience, nor transgressing due limits, (for him) certainly, your Lord is OftForgiving, Most Merciful." (AlAn'am 6:145)

QUESTION 4:

Can you slaughter animals for their skin if they are not allowed to eat? For example, lions, foxes, seal etc. There is a lot of hype about animal rights and population decline in these wild and rear animals?

ANSWER 4:

You are allowed to if they become a pest and you need to do a cull
If these animals are an endangered species then you are not allowed


QUESTION 5:

Someone told me we have to wash our hands after shaking hands with kuffaar because they are najis. Is this correct?

ANSWER 5:

To a certain extent yes
Kuffar use their right hand to clean themselves in the toilet and they shake with their right hand.
Their world is upside down and around
They have no bathroom etiquettes therefore they are not hygienic like Muslims.
Neither males nor females make istinja and most Kuffar men are not circumcised.
Circumcision is Waajib (mandatory) in Islam

Narrated Abu Huraira:Allah's Messenger () said, "Five practices are characteristics of the Fitra: circumcision, shaving the pubic region, clipping the nails and cutting the moustaches short."( Sahih al-Bukhari  Vol. 7, Book 72, Hadith 777)