Saturday, July 13, 2013

THE SHARH OF BULUGH AL MARAAM:

Book 1 Chapter 1 (BEWARE OF THE DOGS SALIVA) page 21

By Shaikh Abdullah Al Faisals

Jan 08 2013 (evening Dars)

Notes by Abu Hafiza 4

Edited by Muminah_29
 
 
HADEETH NUMBER 12:

 Huraira (RAA), narrated that the Prophet (Sallallahu alayhi wa sallam) said, "If a dog laps the water from the utensil of anyone, purify it (the vessel) by washing it seven times, using earth for the first washing."


[Reported by Muslim, with the addition: "He must spill it."


[Imam at-Tirmidhi also related it with the addition: "The first or the last (washing)"]
 
This hadith has lessons for us
The dogs saliva transmits round worms
It is a dirty animal and if it licks water, that water becomes impure
And if it licks your utensils, you should wash it 7 times and use dirt for the first washing
Modern day science found out that dirt contains fluorine and this kills the rabies virus in the dogs saliva
 
The round worms are intestinal parasites and they cause:

1. Coughing
2. Leptospirosis
3. Fever
4. Headache
5. Salmonellosis
6. E.coli virus
 
Contracting rabies from a rabid dog is also popular in the West because they live with dogs
 
These behaviors of dogs is called the canine behavior
And dogs eat from rubbish and feces
They eat feces of human beings and other dogs
The pigs also eat feces of other animals and so it is also najis
 
The dogs lick the bottom of each other also
But all these behaviors are considered normal because it is part of the canine behavior
 
The Hanafis said you may not use dirt to wash the utensils
And that you can wash the utensil only 3 times
They claim Abu Huraira (ra) passed the fatwa of washing 3 times
The saliva of animals that are halal to eat are considered pure, the left over water of the donkey is considered Makruh (disliked) in Islam
 
Narrated by Jabir bin Abdullah: on the day of Khaibar, Allah's Apostle forbade the eating of donkey meat and allowed the eating of horse meat. 

[Sahih Bukhari, Vol 5, Book 59, Hadith 530]

But we say to them that the scholars said whenever there is a clash between the fatwa of a sahabi and that of a hadith you go along with the evidence of hadith
  
Home dogs are properly fed by their masters and so they are more hygienic than the stray dogs
The stray dogs saliva is far more lethal than the home dogs
But yet still the hadith of the prophet (Sallallahu alayhi wa sallam) is general and so all dogs are the same
 
The correct opinion is that all dogs’ saliva is najis and this is the opinion of the jamhoor (Majority of the scholars)
 
People at times develop septicemia
Septicimia is a bacteria in the blood that often occurs with severe infections, it is a life threatening infection that affects mostly the lungs the abdomen and the urinary tract

If a dog should lick something liquid, you should pour all of it
But if it is solid, you are allowed to scrape away the part it licked and use the rest
 
If a rat should drop into a bucket of butter which is solid
You are allowed to scrape away that part and use the rest
But if it is liquid, then you should throw away the contents of the entire bucket
 
According to Imam Shafi'i, the whole of the dog is najis even its hair and requires washing because the sweat of the dog is najis just like its saliva
 
According to the jamhoor, it is only the tongue of the dog that is najis
And that the dog does not sweat
 
All the above-mentioned rulings about the dog are applicable to the pig because the pig is also najis

This is by way of qiyaas because even though the hadith did not mention the pig they used analogy to include the pig
So we have our Islamic rulings from qiyaas also.

The same impurities found in the saliva of the dog like round worms and E. coli are in the saliva of the pig
 
If a dog should lap the swimming pool or a huge amount of water you don't need to throw away all the water and condemn the water because the water is more than 270 Litres

And the Prophet (Sallallahu alayhi wa sallam) said whenever the water is above this volume; it purifies itself and can't be contaminated by impurities
 
Umar was travelling between Makkah and Medina and someone asked the owner of the water whether carnivores drink from the water
 
Narrated Yahya ibn Abd ar-Rahman ibn Hatib that Umar ibn al-Khattab set out on one occasion with a party of riders, one of whom was Amr ibn al-As

They came to a watering place and Amr ibn al-As asked the man who owned it whether wild beasts drank from it. Umar ibn al-Khattab told the owner of the watering place not to answer, since the people drank after the wild beasts and the wild beasts drank after them

[Muwatta Malik (1/26) No. 55]
 
It was narrated from Abu Sa'eed al-Khudri that the Prophet (Sallallahu alayhi wa sallam) was asked about the water basins located between Makkah and al-Medina, which were visited by wild animals, dogs and donkeys, and about using them for means of purification.

He said, "Whatever they (the animals) have carried in their bellies is for them, and whatever is left over is for us, and is pure."

[Sunan Ibn Majah (1/326) No. 519]
 
We quote this hadith to prove what we said above
 
IT IS HARAM TO KEEP DOGS AS PETS

Because you lose 2 amounts of good deeds each time you keep a pet dog in your home
 
Narrated By Abu Huraira: the Messenger of Allah (Sallallahu alayhi wa sallam) said,
“Whoever keeps a dog, a qiraat from his good deeds will be deducted every day, except a dog for farming or herding livestock.”

[Sahih Bukhari (4/130) No. 3324]

Abu Hurayra (RA) narrated that the Messenger of Allah (Sallallahu alayhi wa sallam) said: “Whoever keeps a dog that is not a dog for hunting, herding livestock or farming, two qiraats will be deducted from his reward each day.”

[Sahih Muslim (3/1203) No. 1575]
 
The Prophet (Sallallahu alayhi wa sallam) said that dogs are allowed to be kept in only 3 situations
 
1. The hunting dogs
2. The farming dogs
3. The livestock dogs

Abdullah ibn 'Umar (RA) that the Messenger of Allah (Sallallahu alayhi wa sallam) said: “Whoever keeps a dog, except a dog for herding livestock or a dog for hunting, a qiraat will be deducted from his good deeds each day.”

'Abdullah said: Abu Hurayra said: Or a dog for farming

[Sahih Muslim (3/1202) No. 1574]
 
On the authority of Abu Malik al-Harith bin al-Harith al-Asharee (RA) who said: The Messenger of Allah (Sallallahu alayhi wa sallam) said, "Purity is half of iman (faith)

[Sahih Muslim (1/203) No. 223]
 
For example you go hunting for a particular animal and the dog is trained to catch the game
It brings the animal to you and you say Bismillah and slaughter it
However if the game should die before you are able to slaughter it and u said Bismillah before shooting it , the meat is still halal.
If you forget tosay bismillah before shooting it you have to say Bismillah before eating it and then it becomes halal.

So you are allowed to have guard dogs to protect against thieves and also hunting dogs
 
They ask you (O Muhammad Sallallahu alayhi wa sallam) what is lawful for them (as food ). Say: "Lawful unto you are At Tayyibāt [all kind of Halāl (lawful good) foods which Allāh has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits, etc.)]. And those beasts and birds of prey which you have trained as hounds, training and teaching them (to catch) in the manner as directed to you by Allāh; so eat of what they catch for you, but pronounce the Name of Allāh over it, and fear Allāh. Verily, Allāh is Swift in reckoning."

(Al-Ma'idah 5:4)
 
Before you send out the hunting dogs, you have to say Bismillah  just like you should say Bismillah before shooting
 
You are allowed to have 2,3 etc. dogs to protect the sheep against the wolves
 
ARE WE ALLOWED TO SELL DOGS?

The jamhoor said it is haram to sell dogs
And the person has to give you back your money, if a man sells it to you

  
Abu Mas'ud al-Badri (RA) said: “The Messenger of Allah (Sallallahu alayhi wa sallam) prohibited the price of a dog, the earning of a prostitute, and the money given to a soothsayer.”

[Al-Bukhari (2237) and Muslim (1567)]
 
Ibn Hazim said if you need a guarding dog and you were forced to buy it, the sin is on the seller
 
Ibn Hazm (rh) said: It is not permissible to sell a dog at all, whether it is a hunting dog or a herding dog, or any other kind. If a person is forced to buy a dog and cannot find someone to give him one, then he may buy it, and it is halaal for the buyer and haraam for the seller, and the buyer may take back his money whenever he is able. This is like a bribe in order to ward off oppression and ransoms for freeing prisoners and appeasing an oppressor. There is no difference.
  
[Al-Muhalla (7/493) No. 1514]

Abu Hanifah said it is halal to sell useful dogs e.g. a guard dog
The correct opinion is that of Abu Hanifah because it is costly to train these guard dogs
So you are allowed to breed dogs as guard dogs
The only dog that is haram to sell therefore is the dog that is haraam to keep
 
HADEETH NUMBER 13:
 
13. Abu Qatadah (RAA), narrated that Allah's Messenger (Sallallahu alayhi wa sallam) said concerning cats, "It is not impure (Najis), it is one of those who live among you."





[Related by the four Imams At-Tirmidhi and Ibn Khuzaimah graded it as Sahih]
 
Kabshah bint Ka'b ibn Maalik, who said that Abu Qutaadah (her husband's father) entered upon her and she poured water for him to do wudoo', and a cat came to drink from it, so he tipped the vessel for it to drink. Kabshah said: “He saw me looking at him and said, “Do you find it strange, O daughter of my brother?' I said, 'Yes.' He said, 'The Messenger of Allah (SAW) said, “They (cats) are not naajis, rather they are of those who go around amongst you.”

[Sunan Tirmidhi (1/153-154) No. 92, Sunan al-Nasa'i (1/55) No. 68, Sunan Abu Dawud (1/19) No. 75, Sunan Ibn Majah (1/239) No. 367, Sunan al-Darime (1/203) No. 736, Musnad Ahmad (5/303) No. 22633, Muwatta Malik (1/25) No. 54]
   
So the cat is not considered impure by the Prophet (Sallallahu alayhi wa sallam)

Imam Malik considers the saliva of cat to be pure
If the prophet (Sallallahu alayhi wa sallam) had said the saliva of cat is impure, this would have been a burden on us

This is the argument of some scholars
But the text of the hadith is clear and there is no need for ijtihad
 
The Malikis went further and said since the saliva of cats that mixes with us is pure
 Then the saliva of the dogs that mixes with us is also pure
 
Rats also live with us, so are we supposed to consider their left over's as pure?
No because rats give us leptospirosis
 
The jamhoor said to the Malikis that they are not allowed to do qiyaas when the text is clear
So they can't use qiyaas to say the saliva of dogs that live with us is pure

 QUESTION 1:

Is the hadith authentic of using left over water for ghusl coming from a person who has given you the evil eye?

ANSWER 1:
 
Sahl ibn Haneef narrated that the Prophet (Sallallahu alayhi wa sallam) came out and traveled with him towards Makkah, until they were in the mountain passes of al-Kharaar in al-Jahfah. There Sahl ibn Haneef did ghusl, and he was a handsome white-skinned man with beautiful skin. 'Aamir ibn Rabee'ah, one of Banu 'Adiyy ibn Ka'b looked at him whilst he was doing ghusl and said: “I have never seen such beautiful skin as this, not even the skin of a virgin,” and Sahl fell to the ground. They went to Messenger of Allah (Sallallahu alayhi wa sallam) came and said, “O Messenger of Allah, can you do anything for Sahl, because by Allah he cannot raise his head.” He said, “Do you accuse anyone with regard to him?” They said, “ 'Aamir ibn Rabee'ah looked at him.” So the Messenger of Allah (Sallallahu alayhi wa sallam) called 'Aamir and rebuked him strongly. He said, “Why would one of you kill his brother? If you see something that you like, then pray for blessing for him.” Then he said to him, “Wash yourself for him.” So he washed his face, hands, forearms, knees and the sides of his feet, and inside his izaar (lower garment) in the vessel. Then that water was poured over him, and a man poured it over his head and back from behind. He did that to him, then Sahl got up and joined the people and there was nothing wrong with him. 






[Musnad Ahmad (3/486) No. 16023, Muwatta Malik (2/117) No. 1973, Sahih Ibn Hibban (13/470) No. 6106]

'A'ishah (RA) said: The person who had put the evil eye on another would be ordered to do wudoo', then the person who had been afflicted would wash himself (with that water). 



[Sunan Abu Dawud (4/9) No. 3880]
 
The left over water from the man who gave the evil eye was used by the person affected to wash himself
This is the cure
So the judge has to make the man who gave the evil eye make wudhu and give the victim the left over water to make ghusl
 
QUESTION 2:

If a man makes wudhu in a public restroom and has to stand to relieve himself, can he use the water to wipe over his pants and that be sufficient?

ANSWER 2: -
 
A Muslim is supposed to sit and urinate not to stand
And if you splash urine on your trousers you can't pray in them unless you sprinkle water there and wash it

QUESTION 3:

Can you please shed some light about ijmaa? Which ulama do we look for ijmaa or sahabah or tabayeen?
 
ANSWER 3: -
 
The word ijmaa means agreement

We derive the shariah from Qur'an, Sunnah, ijmaa, qiyaas, ijtihaad and qoul sahabah (the verdicts of the sahabahs)
 
Allah said give the slave girl 50 lashes for zina
But didn't mention for the slave boy
So the scholars said the same is given for the boy from qiyaas
 
Qiyaas is used to establish shariah

And another source is mafhoom which is the implicit meaning
E.g. the Prophet said removing a harmful thing from the road is a branch of imaan and gives you barakah
The mafhoom is if you deliberately put something harmful on the road you earn the wrath of Allah

Half of the shariah is established by mahfoom mukhaalafa
(Mahfoom mukhaalafa is the opposite meaning)

E.g. if a man goes to bed with his wife both of them gets barakah, but if he goes to bed with his girlfriend or mistress they get the wrath of Allah. This is the opposite meaning.
This is called mahfoom mukhaalafa.

Abu Hurayra reported that the Prophet (Sallallahu alayhi wa sallam) said, "I saw a man going about in the Garden who was there on account of cutting down a tree in the middle of the road which had been a nuisance to the Muslims."

[Sahih Muslim (4/2021) No. 1914]

One variant has, "A man passed by a fallen branch in the middle of the road and said, 'By Allah, I will remove this from the path of the Muslims so that it does not inconvenience them' and he was admitted into the Garden."

In a variant of the two, "If a man who is walking along on a road finds a thorny branch in the road and removes it, Allah thanks him for doing it and forgives him."
 
On the authority of Abu Hurayra (RA) who said: The Messenger of Allah (Sallallahu alayhi wa sallam) said, "Every joint of a person must perform a charity each day that the sun rises: to judge justly between two people is a charity. To help a man with his mount, lifting him onto it or hoisting up his belongings onto it, is a charity. And the good word is a charity. And every step that you take towards the prayer is a charity, and removing a harmful object from the road is a charity."

[It was related by al-Bukhari and Muslim]
 
There are 3 types of ijmaa

1. That of the sahabah
 E.g. it says if you don't pray you are a kaafir and to grow the beard is fard

Abdullah ibn Shaqiq Uqayli (RA) reported, saying “The companions of Muhammad (Sallallahu alayhi wa sallam) did not regard neglect of any of the deeds as disbelief as they did (neglect) of Salah."

[Sunan Tirmidhi (5/14) No. 2622 and Mustadrak al-Haakim (1/48) No. 12 who said it met the conditions of al-Bukhari and Muslim]
 
Jabir (RA) reported that Allah's Messenger (Sallallahu alayhi wa sallam) said, “Between a man (Muslim) and shirk and disbelief lies neglect of salah.”

[Sahih Muslim (1/88) No. 82, Sunan Tirmidhi (5/13) No. 2620, Sunan Abu Dawud (4/219) No. 4678, Sunan Ibn Majah (2/181) No. 1078, Sunan An-Nasa'i (1/232) No. 463, Musnad Ahmad (3/370) No. 15021]
 
2. That of the 4 great imams
E.g. Allah is above the arsh
It says it is haram to marry the aunt and niece and live with them at the same time
 
3. That of the Muslims

E. g Muhammad is the last Prophet
To dismatle the shariah is major kufr and Allah (SWT) warned us not to go against the ijama so Allah said in the following ayah
 
And whoever contradicts and opposes the Messenger (Muhammad Sallallahu alayhi wa sallam) after the right path has been shown clearly to him, and follows other than the believers' way. We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination. 

(An-Nisa 4:115)
 
Their ijmaa is that Muhammad (Sallallahu alayhi wa sallam) is the last prophet
Going against the ijmaa of the Muslims make you a kaafir and you will be in hell forever
 
Ibn Kathir (rh) said: “So whosoever abandons the wise Shariah which was revealed upon Muhammad ibn Abdullah, the seal of the prophets, and goes to other abrogated Shariah for judgment, he becomes a Kaafir. So how about the one who goes to al-Yaasiq (man-made law) for judgment and gives it precedence (over the Shariah of Muhammad (Sallallahu alayhi wa sallam). Whosoever does this has become a Kaafir by the Ijma of the Muslims.” 

[Al-Bidayah Wan-Nihayah, (Vol. 13, p119)]
 
Ibn Taymiyyah (rh) said: “And it is known from the religion (of Islam) by necessity and by the consensus of all Muslims that whoever legalizes to follow other than the religion of Islam or a Shariah other than the Shariah of Muhammad (Sallallahu alayhi wa sallam), he is a Kaafir. And his kufr is similar to that of the one who believes in some part of the book (Quran) and reject some of it.”

[Majmua al-Fataawa (28/524)]
 
The ijmaa of the sahabah is that Muhammad is dead see Surah 39:30 for the hujjah
The ijmaa of the Muslims is that gold is haram for men
 
Reported by 'Ali (RA) the Prophet (Sallallahu alayhi wa sallam) took some silk in his right hand and some gold in his left hand and then he said, "These two are haram for the males among my followers" 

[Abu Dawud (4/50) No. 4057, An-Nasa'i (8/160) 5144, Ibn Majah (4/594) No. 3595), Ahmad (1/115) No. 935]
 
QUESTION 4:

How do we distinguish between the rulings of darul-Islam, darul-kufr, and darul-harb? How do we know if some rulings are general or if they are specific?
 
ANSWER 4: -
 
The world is divided into 3 daars
All 3 existed during the lifetime of the prophet (Sallallahu alayhi wa sallam)
Makkah was darul harb
Therefore any country that kills or incarcerates innocent Muslims is darul harb
 
...And Al-Fitnah is worse than killing... (Al-Baqarah 2:191)
 
Therefore UK is darul harb because they are killing Muslims in Afghanistan and also incarcerating innocent Muslims
India, Burma, Russia, USA are all darul harb
 
On the authority of Jarir bin 'Abdullah that the Messenger of Allah (Sallallahu alayhi wa sallam) sent a military expedition to Khath'am. So some people (living there) sought safety by prostrating, but they were met quickly and killed.
News of this reached the Prophet (Sallallahu alayhi wa sallam) upon which he commanded that they be given half of the 'Aql (blood money). And he said: "I am free from every Muslim that lives among the idolaters." They said: "O Messenger of Allah: How is that?" He said: "They should not see each other's campfires." 

[Sunan Tirmidhi (4/155) No. 1604 and Sunan Abu Dawud (3/45) No. 2645]
 
It was narrated from Samurah that the Prophet (Sallallahu alayhi wa sallam) said: “Do not live among the mushrikeen and do not mix with them, for whoever lives among them or mixes with them is not one of us.” 

[Al-Sunan al-Kubra al-Bayhaqi (9/240) No. 18420 and Mustadrak al-Haakim (2/154) No. 2627. adh-Dhahabi graded this on the conditions of Bukhari and Muslim]
 
Shaykh 'Abdul Lateef ibn 'Abdur-Rahmaan (rh) said, “And the best thing to draw one nearer to Allah is the aggression towards His enemies, the Mushrikeen, while hating them and having enmity towards them and waging Jihad against them. And with this, the slave is saved from having allegiance with them as opposed to the believers. And if he does not do so, then he has formed his allegiance with them, based upon what he failed to fulfill from that and abandoned from that. So beware, (again) beware, that which destroys Islam and uproots it.” 


[Ad-Durar as-Saniyyah, Volume of Jihad, pg. 681]
 
Ibn al-Arabi (rh) said, “It is obligatory to leave a place where forbidden practices are rife since it is mandatory for Muslims to demand observance of the Law.” 

[Ibn al-Arabi, Ahkaam al-Qur'an (1/484-485)]

Shaykh ul Islam Ibn Taymiyyah (rh) said, “The state of a place reflects the state of a person. It is possible to be sometimes a Muslim and at other times a disbeliever; sometimes sincere and at other times hypocritical; sometimes good and pious and at other times rotten and corrupt. Thus, a person becomes like the place of his abode. The migration of a person from a land of disbelief and profanity to one of faith and probity is an expression of repentance and of his turning away from disobedience and perversion to belief and obedience.
This is so until the Day of Resurrection.” 

[Majmu'al-Fatawa, (18/284)]
 
Some people love living in darul harb chasing the Benjamin and if you read the fatawa of the scholars regarding darul harb you wonder if you are a Muslim or hypocrite
 
Darul kufr was Ethiopia
It is any kaafir country that does not fight Islam
It does not kill or incarcerate Muslims
But Ethiopia today is darul harb
E.g. of darul kufr are Brazil, Venezuela, South Africa, Jamaica etc.

Darul Islam was Medina
This is any country that rules with the law of Allah e.g. Northern Mali, Northern Nigeria
   
According to Imam Shafi'i the original relationship between us and the kuffaar is all out war

Fight them until there is no more fitna
But the jamhoor said our relationship is peaceful co-existence
And their evidence is

Narrated By Salim Abu An-Nadr: (The freed slave of 'Umar bin 'Ubaidullah) I was Umar's clerk. Once Abdullah bin Abi Aufa wrote a letter to 'Umar when he proceeded to Al-Haruriya. I read in it that Allah's Apostle in one of his military expeditions against the enemy, waited till the sun declined and then he got up amongst the people saying, "O people! Do not wish to meet the enemy, and ask Allah for safety, but when you face the enemy, be patient, and remember that Paradise is under the shades of swords." Then he said, "O Allah, the Revealer of the Holy Book, and the Mover of the clouds and the Defeater of the clans, defeat them, and grant us victory over them." 

[Sahih Bukhari, Vol 4, Book 52, Hadith #266A]

In the above mentioned hadith the Prophet told us not to wish to meet the enemy so the original realationship with the kuffar is peaceful co exsistance. We are not allowed to attack the infiels unless they are plotting to attack us

As for the evidence of imam shafii that the original relationship with the kuffar is all out war their evidence is Quran ch 8 vs 39

And fight them until there is no more Fitnah (disbelief and polytheism: i.e. worshipping others besides Allah) and the religion (worship) wills all be for Allah Alone [in the whole of the world] But if they cease (worshipping others besides Allah), then certainly, Allah is All-Seer of what they do. 

(Al-Anfal 8:39)
 
After quoting the two opinions
The correct view is that of the jamhoor because it is insanity to open to many war fronts. The Prophet himself signed a treaty at hudaybiyyah in order not to open to many war fronts
And the evidence of the jamhoor is
If your neighbor is not plotting against you, you are not allowed to fight them because it is unwise to create unnecessary enemies

Narrated By Ibn Aun: “I wrote a letter to Nafi and Nafi wrote in reply to my letter that the Prophet had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; the Prophet got Juwairiya on that day. Nafi said that Ibn 'Umar had told him the above narration and that Ibn 'Umar was in that army.” 

 [Al-Bukhari (2541) and Muslim (1730)]
 
The prophet (Sallallahu alayhi wa sallam) attacked Banu Mustalliq while they were heedless because he found out they were plotting to attack Madinah
 
QUESTION 5:

Do the jinn's have animals that are najis?
 
ANSWER 5: -
 
The jinn have animals and there is no doubt about that
Because of the hadith
 
“Every bone on which the name of Allah is recited is your provision. The time it will fall in your hand it would be covered with flesh, and (you can have) all the droppings as food for your animals.”  The Prophet (Sallallahu alayhi wa sallam) said, “So do not use (these things) for cleaning yourselves (after relieving oneself), for they are the food and provision of your brothers (Jinn).”

(Reported by Muslim)

Do they have animals that are najis?
If the human beings have animals that are najis and we are superior to them then some of their animals are najis too and the dropping of our animals is the food for their animals