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Lesson 006 [Utensils] 15 January 2011

Posted by istislaam in ii. Utensils.
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I begin with the Name of Allaah, the most Merciful, the One Who bestows Mercy

All praises and thanks belong to Allaah, and may the blessings and peace of Allaah be upon His Messenger. To proceed:

Lesson 006

(Baabu`l-Aaneeyah)

[Utensils]

[11.06.2008]

The majority of the scholars considered human blood to be Najas, and a minority amongst the scholars considered human blood to be taahir (with the exception of menstrual blood).

Say (O Muhammad): “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 Allâh (or has been slaughtered for idols, etc., or on which Allâh’s Name has not been mentioned while slaughtering). But whosoever is forced by necessity without wilful disobedience, nor transgressing due limits, (for him) certainly, your Lord is Oft-Forgiving, Most Merciful.”
[Soorat al-An’aam (006:145)]

Does this blood not tell us that flowing blood is haraam and impure?

This aayah talks about blood that one is not allowed to eat, and human blood is not something that is consumed so it cannot be considered to be the type of blood implied in the aayah. The blood referred to in the aayah is that of animal blood.

  • Utilizing Gold and Silver Utensils

After discussing the rulings concerning water, the author moves on to talking about utensils. The reason for the choice of this topic is because utensils are generally used to contain/preserve water. Which utensils are we allowed use and which utensils are we not allowed to use?

Narrated Aboo Hudhaifah ibn al-Yamaan, radiAllaahu ‘anhu: The Messenger of Allaah sallAllaahu ‘alayhi wa sallam said, “Do not drink from gold and silver vessels, and do not eat from gold and silver vessels, for they (disbelievers) have them in this world but you will have them in the Hereafter.”
[Agreed Upon]

21.لا يجوز استعمال آنية الذهب والفضة في طهارة ولا غيرها، لما روى حذيفة أن النبي صلى الله عليه وسلم قال: لا تشربوا في آنية الذهب والفضة، ولا تأكلوا في صحافها فإنها لهم في الدنيا ولكم في الآخرة.
Imaam ibn Qudaamah rahimahullaah wrote, “It is not permissible to use gold and silver utensils for purification or other than that due to the statement of the Prophet sallAllaahu ‘alayhi wa sallam: Do not drink from gold and silver vessels, and do not eat from gold and silver vessels, for they (disbelievers) have them in this world but you will have them in the Hereafter.”

If we look at the hadeeth, it refers to drinking and eating from gold and silver vessels. However Imaam ibn Qudaamah rahimahullaah mentioned using gold and silver utensils in general as in they cannot be used for anything basing it on the aforementioned hadeeth.

Does the statement of Imaam ibn Qudaamah fit with the wording of the hadeeth? No.

Imaam ibn Qudaamah came to the conclusion that it is not permissible to (wholly) use utensils of gold and silver by means of the principle of the Shar’eeyyah:

“If the description is mentioned in the general case scenario then it is not meant to be restrictive.”
[Maxim of the Shar’eeyyah]

In general people use utensils for eating and drinking, but it is also possible for people to use these utensils for other purposes such as washing themselves from the water contained in the utensils etc. The general case (in the actions of man) is that utensils are used for eating and drinking, so in the hadeeth only eating and drinking was mentioned, but it was not meant to be restrictive, so the complete usage of gold and silver utensils was intended, according to Imaam ibn Qudaamah.

There are three issues regarding gold and silver utensils:

1. al-I’tikhaal – Possessing the utensils (without using them)
2. al-Isti’maal – Using the utensils
3. Eating and drinking from the utensils (referred to in the hadeeth)

Some of the scholars (amongst the Hanaabilah as well) said that it is permissible to use gold and silver utensils but it is not permissible to eat and drink from them. This is in accordance with the wording of the hadeeth and there are many other hadeeth regarding this issue that specifically mention eating and drinking.

Narrated Umm Salaamah radiAllaahu ‘anhaa: The Messenger of Allaah sallAllaahu ‘alayhi wa sallam said, “Whoever drinks from a silver vessel, is but filling his abdomen with Hell fire.”
[Agreed Upon]

Umm Salaamah radiAllaahu ‘anhaa had a pot made out of silver, which she used to store ink in.

Although the official position in the Hanbalee madh-hab is that gold and silver utensils should not be used at all, there is a position within the madh-hab which states that the prohibition is restricted to eating and drinking (and using these utensils for anything other than that is permissible). This was the position of Shaikh al-Islaam ibn Taymeeyyah and Shaikh ibn ‘Uthaymeen rahimahumaAllaahu as well.

“It is He Who hath created for you all things that are on earth; Moreover His design comprehended the heavens, for He gave order and perfection to the seven firmaments; and of all things He hath perfect knowledge.”
[Soorat al- Baqarah (002:029)]

The general rule is that everything on the Earth is permissible for us to use, unless there is a specific text prohibiting us from doing a certain action.

With regards to the clothing, if gold in the clothing of a male individual is of a small amount, it is permissible to wear it. The Prophet sallAllaahu ‘alayhi wa sallam wore garments that had some threads of gold.

It is also permissible to wear silver items if they are small, such as wristwatch, glasses, or use a silver pen. Gold or gold-plated pens and watches are not permissible for men to wear.

22.وحكم المضبب بهما حكمهما إلا أن تكون الضبة يسيرة من الفضة،
Imaam ibn Qudaamah then wrote, “The ruling of soldering with them (gold and silver) is the same (i.e. haraam) except if the soldering is (done by) a small amount of silver used for a need.”

There are conditions for the exceptional permissibility of using gold and silver:

1. It must be for a need (haajah)
2. It must be small in amount
3. It must be for soldering
4. Only silver can be used (gold cannot be used at all)

Narrated `Anas bin Maalik radiAllaahu ‘anhu: When the (drinking) cup of the Prophet sallAllaahu ‘alayhi wa sallam was broken, he fixed it with a silver wire at the crack.
[Bukhaari]

In this hadeeth there seems to be some sort of leverage on the use of gold and silver for utensils that are used for eating and drinking and this may seem contradictory to the previous hadeeth. How do we understand between the two?

The scholars reconciled by stating the general rule that it is not permissible to use gold and silver utensils for eating and drinking, but there seems to be hadeeth where the Prophet did use silver, so they looked at how the Prophet used the silver utensil, and they restricted themselves to that. Hence the four conditions were formed.

A ‘Necessity’ (Dhuroorah) is when there will be some sort of loss of life or limb or extreme difficulty incurred on a person. (The broken cup of the Prophet sallAllaahu ‘alayhi wa sallam was not a necessity (dhuroorah) but a need (haajah))

A ‘Need’ (Haajah) is a need a person has, without which they can still survive and will not be put into extreme difficulty.

“In the case of necessity one may incur something that is haraam.”
[Maxim of the Shar’eeyyah]

For example, if someone is on a journey in the middle of the desert and there is no food at all except swine, then it is permissible to eat the swine (sufficient amount to survive and not excessive usage) to save themselves. In fact it would become waajib (obligatory) to eat the swine to save oneself.

So in the case of a necessity (which would incur a loss of life etc.) both gold and silver are permissible to use for eating and drinking etc. If the necessity is fulfilled by the use of silver, then gold should not be used in its place since this would be exceeding the minimum requirements to fulfil the necessity.

‘Abd al-Rahmaan ibn Tarafah narrated that his grandfather ‘Arfajah ibn As’ad had his nose cut off in the battle of al-Kulaab, and he wore a nose made of silver, but it began to stink, so the Prophet (blessings and peace of Allah be upon him) told him to get a nose made of gold. (This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood.)
[Aboo Dawood, at-Tirmidhee and an-Nasaa`ee]

This is also used to justify the usage of gold and silver fillings (for teeth). If the dentist says that other types of fillings are ineffective compared to gold/silver fillings, then these may be used.

According to the principle of the Hanbalee madh-hab, if a person were to make wudoo’ with a gold/silver utensil, this act of his would be haraam and he would be sinful. Then what of his wudoo’? According to the Hanbalee madh-hab, his wudoo’ is invalid, since how can a person be doing something Allaah has ordered by means of something Allaah has prohibited. This was their rational.

The stronger opinion seems to be that the wudoo’ of the person is correct but the person is sinful since the two events (performing wudoo’ and using gold/silver utensil to pour water) seem to be mutually exclusive. The person has fulfilled all the shar’ee conditions upon him to do the wudoo’ so his wudoo’ is fine.

If a person were to steal some water, and then make wudoo’ with that stolen water, then the person is sinful for stealing the water, but his wudoo’ would be valid.

A common example given is that a person who wrongfully seizes a property and then prays Salaah in it, then he is sinful for seizing the house but his prayer is valid. According to the Hanaabilah and their rationale his prayer is also invalid. The majority of the scholars maintain the former position that his prayer is valid but he is sinful for seizing the house.

  • Utensils Other Than That of Gold and Silver

24. ويجوز استعمال سائر الآنية الطاهرة واتخاذها،

Imaam ibn Qudaamah, rahimahullaah, then wrote, “It is permissible to use all other utensils that are pure and (it is permissible) to own them.”

The proof for this is the maxim of the shar’eeyyah that everything is halaal unless there is something to prove it to be haraam derived from the aayah:

“It is He Who hath created for you all things that are on earth; Moreover His design comprehended the heavens, for He gave order and perfection to the seven firmaments; and of all things He hath perfect knowledge.”
[Soorat al- Baqarah (002:029)]

  • Utensils of the Disbelievers

25. واستعمال أواني أهل الكتاب وثيابهم ما لم تعلم نجاستها.
Imaam ibn Qudaamah then wrote, “It is permissible to use the containers of the People of the Book and their clothes so long as one does not know of any impurity on them (clothes/utensils).”

What about mushrikeen (polytheists)? Are we allowed to eat the (halaal) food offered to us by polytheists? Yes.

Narrated Aboo Tha’labah al-Khushaanee radiAllaahu ‘anhu: I said, “O Allaah’s Messenger! We are living in a land inhabited by the people of the Scriptures, can we eat from their utensils?” He said, “Do not eat from their utensils unless you cannot find utensils other than theirs. (If you cannot find other than theirs) wash them and eat from them.”
[Agreed Upon]

The hadeeth seems to suggest that the general ruling is that it is not allowed to use utensils of the People of the Book unless there is a genuine need (haajah) and in that case you have to wash it first.

Narrated `Anas radiAllaahu ‘anhu that a Jewish woman came to the Messenger of Allaah (peace and blessings of Allaah be upon him) with some poisoned mutton. The Messenger of Allaah (peace and blessings of Allaah be upon him) ate from it, then he asked her about that. She said, “I wanted to kill you.” He said, “Allaah would not let you do that.” They said, “Shall we kill her?” He said, “No.” He said, I can still see the effect of that on the palate of the Messenger of Allaah (peace and blessings of Allaah be upon him).
[Agreed Upon]

The point being in the above hadeeth is that the Prophet sallAllaahu ‘alayhi wa sallam ate the food presented by the Jewess.

Narrated Imraan bin Husaain radiAllaahu ‘anhu: The Prophet sallAllaahu ‘alayhi wa sallam and his companions performed Wudoo’ from an animal-hide water container belonging to a polytheist woman. (Extract of a long Hadeeth)
[Agreed Upon]

Based on this the majority of the scholars including Imaam ibn Qudaamah say that it is permissible to use the utensils of the Ahlu`l-Kitaab (People of the Book).

Reconciling between the aforementioned ahaadeeth where the Prophet sallAllaahu ‘alayhi wa sallam prohibited eating from the plates of the Ahlu`l-Kitaab except in case of a need, but he ate from the plates of the Jewess even though there was no need (since he didn’t have to eat from what she presented), the scholars say that either the hadeeth is just by way of recommendation (so eating from the plates of Ahlu`l-Kitaab is makrooh) or because of the Prophet’s knowledge about the eating habits of the Ahlu`l-Kitaab (wine and swine) he warned the sahaabah to wash the plates before eating from them and so there was no specific prohibition.

  • Animal Skin

There are three parts of an animal (that is usually permissible to eat):

1. That which all of the scholars agree to be taahir (pure). Parts the animal that is on the outside, that has no blood flowing through it (i.e. wool, teeth, tusks). This is by ijmaa’.
2. The flesh of an animal that dies of natural causes, then it is haraam. Again, this is by ijmaa’.
3. The skin has a specific ruling. Sometimes you can use the skin and in other cases you cannot use the skin.

The way one can make use of skin is through tanning (dibaagh).

All parts of a halaal animal can be used if the animal has been slaughtered properly.

Can you make use of the hide of a cow (that died naturally) to make a leather jacket?

Can you make use of the skin of animals that we are not permitted to eat?

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