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Monday, October 26, 2015

Fiqh: Chapter of Vessels and Utensils (Part 2)

28-It is permissible to use the utensils of the Kuffaar. Uthaymeen expands; this is of three scenarios: 1) one knows that their utensils are impure, it is Haraam to use until they have been cleaned 2) one knows there utensils are pure, this is permissible and 3)  one is unsure, in this case one goes with what is most likely. Uthaymeen states that in origin it is pure, so one is allowed to use them until we have evidence to say otherwise.

29-Utensils or clothing made from leather which have not been tanned is of types:
            -If the animal was sacrificed according to the Shar’eeah, this is Halaal.
-If the animal died naturally (Maytah is an animal that has died of natural causes without being sacrificed with the name of Allaah over it but is permissible for us to eat) some said this is Haraam even if it is tanned. Uthaymeen states the correct view here is to look at the animal, if the animal is originally permissible (such as cow, sheep, camel, etc.) then tanning makes it permissible even if it wasn’t sacrificed. As for the Hadeeth, “Do not benefit from Maytah” then this Hadeeth is weak.
-Some said that tanning never makes Maytah Halaal, they stated that smoking the meat doesn’t make the meat Halaal so how does tanning make the skin Halaal? Uthaymeen answer by saying;
            -the Prophet told Umm Salamah to tan a Maytah animal and this ruling is not abrogated.
-meat and skin have separate rulings, so whatever is inside would be Najis but whatever is outside of an animal which is usually allowed to consume, is Taahir.

30-It is permissible to use tanned utensils which are dry. If they are not dry then they are still impure until the tanning process has been completed. Some of the Hanbalees say it is not permissible even if it is dried, however Uthaymeen states that the correct view is that tanning purifies the leather. The evidence is that the Prophet used to eat, drink and make Wudhoo from utensils from the Kuffaar and Mushriks.

31-Skins of animals is of three types:
-Animals that we are allowed to eat, tanning purifies their skin. The Hadeeth, “Tanning it is like slaughtering it.”
-Animals which are prohibited, such as cats and mice, then tanning never makes their leather pure.
-Insects that have no blood, their skin is pure and the evidence is the Hadeeth of the fly falling into ones drink.

32-Milk (and rennet) from an animal that hasn’t been sacrificed is impure. Ibn Taymiyyahof the view that it is pure, because milk and rennet has nothing to do with the meat and if the smell, taste and colour of the milk has not changed then it remains pure. This is also the view of the Hanafees. However, ‘Uthaymeen states that the view of impurity and that of the majority is more likely to be correct, because Maytah is Haraam and that means everything attached to it also (or Mutasil).

33-Hair and wool of a Maytah animal is deemed to be separate from the animal or Munfasil. Therefore, if the skin is not attached to the hair and wool, then it is permissible to use.

34-Some of the Hanbalees stated that bones from a Maytah are pure once the blood and meat has been removed. But the correct view is that is it impure with Uthaymeen and not permissible to use, as the Prophet stated it is the food of your brothers from the Jinn.

35-All seafood is Halaal without exception and does not need to be slaughtered.

36-Humans are haram to consume and their skin is also Haraam, not because they are impure but because they are honoured in their protection.

37-Any part of an animal that is cut off is Maytah known as (الطريدة). For example, if an animal has its legged chopped off, the leg is Maytah, however Ahmad and many from the companions and the Salaf viewed that the animal may still be slaughtered and made Halal.



38-Extracting musk from deer is also permitted as the sac in which the musk contained is separated from the dead animal. Usually, taking anything from a dead animal (Maytah) is Haraam (see point 32) however the musk here is deemed as being separate from the dead animal. 

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