Tuesday, July 16, 2013

-470- THE SHARH OF BULUGH AL MARAAM (RULINGS REGARDING USING THE UTENSILS OF THE KUFFAAR)



THE SHARH OF BULUGH AL MARAAM:
Book 1 Chapter 2 USING THE UTENSILS OF THE KUFFAAR Page 25
By Shaikh Abdullah Faisal
Edited: Muminah_29
Jan 15, 2013 (Evening Dars)



HADEETH NUMBER 24:


24. Narrated Abu Tha'labah alKhushani (RAA): I said, "O Messenger of Allah, we are living in a land belonging to the people of the Book, so can we eat our meals with their utensils?" He replied (Sallallahu alayhi wa sallam) "Do not eat from their utensils, but if you cannot obtain utensils other than theirs, wash them and eat out of them." [Agreed upon]

The wording of the hadith gives a general prohibition of using the utensils of the kuffaar in general.

But if other dishes are not available for us to use we are allowed to use the dishes of the kuffaar.

This prohibition also means that even if we know their utensils are clean it is still makrooh to use their utensils and as Muslims we should always try to be independent and have our own utensils.

The basic assumption in Fiqh is that the prohibition of the Holy Prophet (Sallallahu alayhi wa sallam) indicates that it is haraam to do the prohibited acts.

So all prohibitions of the Holy Prophet (Sallallahu alayhi wa sallam) are haram unless we have another hujjah to say it is makrooh.

Therefore if we have another evidence allowing the act, we cannot use haram to classify the prohibited act for e.g. the Holy Prophet (saws) said we should not stand and drink whilst he himself stood and drank.

Therefore this means it is preferred to sit and drink but it is not haram to stand and drink.

The following hadith is the evidence used by the Fuqaha to prove it is not haram to stand and drink however it is preferred to sit and drink.


Narrated An-Nazzal bin Sabra: Ali offered the Zuhr prayer and then sat down in the wide courtyard (of the Mosque) of Kufa in order to deal with the affairs of the people till the `Asr prayer became due. Then water was brought to him and he drank of it, washed his face, hands, head and feet. Then he stood up and drank the remaining water while he was standing. and said, "Some people dislike to drink water while standing though the Prophet did as I have just done."(Sahih al-Bukhari Vol. 7, Book 69, Hadith 520)


Therefore the hadith number 24 we are about to discuss has been explained by the scholars.

They are of the opinion that it is not haram to use the utensils of the Jews and Christians.

They brought evidences to support this view.

The following ayah was used by the scholars to support their view that it is not haram to use the utensils of Jews and Christians.


1.) SURAH 5:5


Made lawful to you these days are At-Tayyibāt [all kinds of Halāl (lawful) foods, which Allāh has made lawful (meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.). The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them (Al Ma'idah 5:05)


The Fuqaha are saying that if the above-mentioned Ayah allows you to eat food prepared by the people of the book, then their utensils are allowed, because they use them to prepare their meals.

This is the argument of the Hanbali madhab

So the correct opinion on this matter is that their utensils are allowed to be used but it is preferred for the Muslims to be self-reliant and use their own utensils.

The following hadiths of Jabir and Imran ibn Husain are additional evidences to prove that it is allowed to use the utensils of the Jews and Christians.


2.) Related by Jâbir who said: “We used to go on military expeditions with Allah's Messenger (Sallallahu alayhi wa sallam) and acquire the dishes and drinking vessels of the pagans. We would use these things and did not consider doing so to be objectionable”

[Musnad Ahmad (3/379, 327, 343, 389), Sunan Abî Dâwûd (2/391), Musnad alBazzâr (1/32), and Sunan alBayhaqî (1/218)]


HADEETH NUMBER 25:


3) 25. Narrated 'Imran bin Husain (RAA): "The Holy Prophet (Sallallahu alayhi wa sallam) and his companions performed ablution from a water bag belonging to an unbelieving woman." (This is a part of a long Hadith)[Agreed upon]


These are the other evidences used by the Hanbalis to support their view.


4.) The Sahabahs of Makkah and Madinah were reverts

And they continued to live with their pagan parents and used the utensils in the house, and the Holy Prophet (saw) did not tell them they were doing haram.

Many reverts in the world right now are living with their kuffaar parents who are Jews, Christians and Pagans and no contemporary scholar is telling them they are doing haram.

Why did the Holy Prophet (Sallallahu alayhi wa sallam) make the statement in hadeeth number 24 that says we should avoid using the utensils of the kuffaar?

This is because the questioner specifically asked about pork and when the Holy Prophet (Sallallahu alayhi wa sallam) heard this he made the statement about not using their dishes.

The dishes used to cook pork can have tapeworms and roundworms and so you need to wash them properly.


In his commentary on Sahîh Muslim, alNawawî observes that the dishes that were being asked about on that particular occasion were those that the questioner knew had been specifically used for cooking pork and for drinking alcoholic beverages. [This is clearly mentioned in the narration of the hadîth that is found in Sunan Abî Dâwûd]


The reason why using such dishes is disliked, even after washing them, is out of distaste for using items that are frequently used for impure things. Therefore, eating from such dishes is disliked, even after washing them.

Report from Abu Dawood (3839): “We live next to some of the People of the Book who cook pork in their vessels and drink wine in their vessels.” The Messenger of Allah (Sallallahu alayhi wa sallam) said: “If you can find anything else, eat from them and drink from them, but if you cannot find anything else, then wash them with water and eat and drink.” [Classed as saheeh by alAlbaani in Saheeh Abi Dawood]


The above-mentioned hadith of Abu Dawood is clear evidence that the man asked the Holy Prophet (saws) about utensils that were used for cooking pork and the Holy Prophet (saws) answered the man based upon how the question was asked. We were commanded by Allah to abstain from pork so it is disliked to use such utensils even after washing them.

So if you live with your parents and they cook pork at home and you are a revert then it is better for you to obtain your own utensils and cook your meal separately.

However the ultimate solution is to leave home and live independently of your kuffaar parents because reverts who live with their kuffaar parents always struggle with their deen in regards to Aqeedah, Fiqh and Al Walaa wal Baraa.


Imam Nawawi (may Allah have mercy on him) said in Sharh Muslim (13/80):

The reason why it is better not to eat from them even after washing is because they are regularly used for naajis things.”

Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said in al-Sharh al-Mumti', 1/68:

The hadeeth of Abu Tha'labah al- Khushani according to which the Messenger (Sallallahu alayhi wa sallam) said: “Do not eat from them unless you cannot find anything else, in which case wash them and eat from them” indicates that it is better not to use them, but many of the scholars interpreted this hadeeth as referring to people who are known to handle naajis things, such as eating pork and so on. They said: The Holy Prophet (peace and blessings of Allah be upon him) forbade eating from their vessels unless we cannot find anything else, in which case we should wash them and eat from them. This is a good interpretation, and is implied by the basic principles of Sharee'ah.


As a Muslim you should be independent in your utensils because you don't have the same eating habits, toilet habits like the kuffaar.

So the final verdict is that hadeeth number 24 is talking about kuffaar known for cooking najasa in their utensils.

If you can't find any other pots then you should wash them thoroughly before using them.

You should not live in a shared accommodation with the kuffaar because it is a fitnah for your deen in regards to Aqeedah,Fiqh and Al Walaa wal Baraa.

However if you are obliged to share accommodation with the kuffaar then you should have independent utensils.


HADEETH NUMBER 26


26. Narrated Anas Ibn Malik (RAA): "The drinking cup of the Holy Prophet (Sallallahu alayhi wa sallam) was broken, and he mended it with a silver chain..." [Related by alBukhari]

There is a hadith that says it is haram to use gold and silver utensils, so why did ibn Hajar (r.a) mention this hadith of Anas ibn Malik above?


19. Narrated Umm Salamah (RAA): The Messenger of Allah (Sallallahu alayhi wa sallam) said: "Whoever drinks from a silver vessel, is but filling his abdomen with Hell fire." [Agreed upon]


Even though it is haram to drink from silver cups, if your cup is broken, you are allowed to use silver metal to mend it.

This is not vanity but this is a necessity.

Therefore the reason why ibn Hajar (r.a) mentioned the hadith that the Holy Prophet (saw) mended his cup with silver is to teach us that we can mend our broken utensils with silver out of necessity. We are even allowed to wear a gold tooth out of necessity.

HADEETH NUMBER 27:


Chapter 3: The Cleansing of Najasah and its nature

27. Narrated Anas Ibn Malik (RAA): Allah's Messenger (Sallallahu alayhi wa sallam) was asked about the use of Khamr from which vinegar is prepared. He said, "No (it is prohibited)." [Related by Muslim and atTirmidhi who graded it as Hasan]


The Holy Prophet (Sallallahu alayhi wa sallam) was asked if wine can be made into vinegar and he said no.

So our understanding is, if khamr was not impure, the Holy Prophet (Sallallahu alayhi wa sallam) would have allowed it to be converted into vinegar.

This implies that by treating the wine to convert it into vinegar does not purify it nor does it make the vinegar halal.

This is the view of Imam Ahmad and Imam Shafi'i.

The former was the student of the latter.

According to Abu Hanifah, if we remove the intoxicating quality of the wine, which is the impurity, when turned to vinegar, it is halal for us to use.

Imam Malik said by changing wine into vinegar using salt and water causes it to be purified, because its essence and form has changed and it is now a new substance and halal for us to use.

Apparently Imam Malik and Abu Hanifah have the same opinion in this matter.

In summary the Shafi'is and Hanbalis don't allow us to change wine into vinegar.

While the Hanafis and Malikis allow us to do so.


THE CORRECT OPINION ON THE MATTER


If the wine turned into vinegar by itself without any human interference, it is halal for us to use.

But if it was tampered with and turned into vinegar by humans, then it is haram for us.


It is permitted for a Muslim to buy vinegar from someone who is selling it, unless he realizes or comes to know that it was produced by means of a deliberate process. 'Umar (may Allah be pleased with him) said: “… There is nothing wrong with a man buying vinegar from the people of the Book, if they sell it, so long as he knows that they did not deliberately process it from wine.” (Al-Mughni, 8/330)


VINEGAR


Jaabir (may Allah be pleased with him) reported that the Holy Prophet (Sallallahu alayhi wa sallam) said: “What a good food is vinegar.” (Reported by Muslim, 3/1623)

Vinegar is a well-known foodstuff made from wine, of which the composition has changed so that it is no longer sweet but sour.

This is referring to the vinegar that was naturally turned from wine without human interference


It is permitted for a Muslim to buy vinegar from someone who is selling it, unless he realizes or comes to know that it was produced by means of a deliberate process. 'Umar (may Allah be pleased with him) said: “… There is nothing wrong with a man buying vinegar from the people of the Book, if they sell it, so long as he knows that they did not deliberately process it from wine.” (AlMughni, 8/330)

Abu Talhah (may Allah be pleased with him) reported that the Holy Prophet (peace and blessings of Allah be upon him) was asked about some orphans who had inherited some wine. He said, “Pour it away.” He was asked, “Could they not make it into vinegar?” He said, “No.” (Reported by Muslim).


The Holy Prophet (Sallallahu alayhi wa sallam) was asked by Abu Talha (r.a) about turning wine into vinegar by human interference but the Holy Prophet (saws) dint not give permission to do so

Therefore this hadeeth is telling you, you are not allowed to tamper with the wine in order to turn it into vinegar. The wine has to turn into vinegar without any human interference.


THE TREATMENT OF WASTEWATER


Treated wastewater can be used for wudu and ghusl.

However Muslims should use pure bottled water from the spring for drinking for their own health.


MUSLIMS USING ALCOHOL ON THEIR BODIES


It is permissible to use medicines containing negligible amounts of well absorbed alcohol required in manufacturing that cannot be substituted, so long as that medicine is prescribed by a doctor of good character. It is also permissible to use alcohol for external cleaning of wounds, to kill germs, and in creams and lotions that are used externally. End quote. [Qaraaraat alMajma'alFiqhi alIslami, p. 341]


This chapter refers to using alcohol in medicine and cosmetics.

The alcohol used in medicines is not haram because it is not intoxicating.

It was put in the medicine to preserve it.


The issue of perfumes that are said to contain cologne or alcohol If the percentage of alcohol is very little, we say that it does not matter, and a person may use them without any concern, such as if the alcohol content is 5% or less. This does not matter.

If the percentage of alcohol is very high, so that you can detect it, then it is better not to use it except where it is necessary, such as for sterilizing wounds and the like.

[ Liqa' alBaab alMaftooh by Sheikh 'Uthaymeen, 24]


So it is permissible to use medicine containing a negligible amount of alcohol as long as it is prescribed by a Muslim doctor of good character and that there is no substitute to the alcohol for the medicine.

So the after shaves and perfumes used like eternity, escape, obsession etc are not haram to be used if the percentage of alcohol in them is very low.

So a small amount of alcohol even found in drinks like coke or pepsi that is very small and does not intoxicate you is not haram to use.

The same as mouthwash that contains alcohol


On the authority of Jabir ibn Abdullah the Messenger of Allah (Sallallahu alayhi wa sallam) said: “Whatever intoxicates in large quantities, a small amount of it is haraam.”  [Musnad Ahmad (3/343) No. 14744, Sunan Abu Dawud (3/327) No. 3681, Sunan Tirmidhi (4/292) No. 1865, Sunan Ibn Majah (4/475) No. 3393]


The alcohol in cough syrups is not an intoxicant

It contains menthol therefore it is not haram.

The Fuqaha (the Islamic Jurists) consider 5% and less to be a negligible amount of alcohol, therefore substances that contain 5% of alcohol or less is not haram for Muslims to use.


QUESTION 1:


Chewing gum that has Alcohol in is it permissible?


ANSWER 1:


Chewing gum contains a negligible amount of alcohol so it is not haram.


QUESTION 2:


The French president was in the UAE today, he said the Arab Gulf states will support them in Mali financially, what is your opinion of these Gulf States? Also, did you see the picture of the dead French crusader in Somalia, he wanted to act like a Christian Rambo and got killed?


ANSWER 2:


Any country that supports the French in their fight against the Shariah in Mali has become darul harb (the land of the enemy) because we are not allowed to support the crusaders in their war against Islam.

In this regard Allah said:


O you who believe! Take not the Jews and the Christians as Auliya' (friends, protectors, helpers, etc.), they are but Auliya' to one another. And if any amongst you takes them as Auliya', then surely he is one of them. Verily, Allah guides not those people who are the Zalimun (polytheists and wrong-doers and unjust). (Al-Maidah 5:51)


If the Gulf States give billions to the crusaders to kill Muslims and to uproot the Shariah then they are apostate regimes.

Also if they allow the crusaders to use their land and their air space to attack the Muslims then they have become apostate regimes because Allah says those who take the kuffaar as their friends and allies and help them against the Muslims they have become one of them.

This principle of Islam is called Al Walaa wal Baraa (love and hate for Allah) but a munafiq will never understand this concept because Allah has placed a seal over their hearts.

In this regard Allah said:


Allāh has set a seal on their hearts and on their hearings, (i.e. they are closed from accepting Allāh's Guidance), and on their eyes there is a covering. Theirs will be a great torment. (Al-Baqarah 2:07)

A munafiq will claim that these leaders who are helping the crusaders to kill Muslims are still Muslims because the Holy Prophet (saws) said a munafiq will never have knowledge of Islam and a good character.


Abu Huraira (RA) reported that Allah’s Messenger (SAW) said: “Two characteristics cannot combine in a hypocrite: good character and an understanding of religion.” [Reported by Tirmidhi 2693]


QUESTION 3:


What if my medicine contains more than 5 %?


ANSWER 3:


If you are about to die you can use it because you can eat pork to save your life like Allah told you in the following ayah:


He has forbidden you only the Maytatah (dead animals), and blood, and the flesh of swine, and that which is slaughtered as a scrifice for others than Allah (or has been slaughtered for idols, etc., on which Allah's Name has not been mentioned while slaughtering). But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allah is Oft-Forgiving, Most Merciful.(Al Baqarah 2:173)


However if there is an alternative medicine that contains 5% or less alcohol you are obliged to use the alternative medicine and shun the medicine that has more than 5% alcohol.


QUESTION 4:


What about the Hadith that says any intoxicant the smallest amount is haram?


ANSWER 4:


We are speaking about life saving situations

The alcohol in the medicine is not an intoxicating alcohol. It was put in the medicine by the manufacturers to preserve it.

Some of this is menthol

There are different types of alcohol

This does not get one drunk


QUESTION 5:


How did Uthaymeen come up with 5%, does that mean drinks less than 5% are halal e.g. WKD Vodka which is 4% alcohol


ANSWER 5:


Vodka is not a medicine so it is haraam to drink.

The alcohol found in medicine is different from the alcohol found in vodka.

People drink vodka not to be cured of an ailment but just to have fun, so we cannot compare the two, which is medicinal alcohol and the alcohol of vodka, because they are meant for two different purposes.

The 5% level is a precaution used by the Fuqaha for Muslims not to abuse alcohol.

The scientists will tell you that the alcohol of medicine is different from the recreational alcohol that people drink at parties.

The alcohol of medicine is used to preserve the medicine.