Indexed OCR Text
Pages 21-40
20 Translation & Commentary of MISHKATUL MASAABIH Vol. 4 1122. World is worthless 564 1123. Do not involve yourself in the world & 564 forget Allah 1124. Love of the world results in loss in the 565 next world 1125. Accursed is the slave of wealth 565 1126. Greed for wealth worse than greed of 565 pious purposes wolves for sheep 1127. Spending too much on construction 566 1128. Unnecessary buildings 567 1129. Observe contentment 568 1130. To be esteemed in the sight of Allah &. .. 568 His creatures 1131. Prophet's disinterest in worldly things 569 1132. An enviable person 569 1133. Nothing to do with the world 570 1134. Blessing that match the world 571 1135. Food that one may eat 571 1136. Ten advantages of hunger 571 1137. Exercise control over belching 572 1138. Property is a trial 573 1170. Truthfulness to good character 589 1139. The rich who fail to give charity 573 1140. Sound health & cool water 574 1141. An anecdote 574 1142. Five blessings which will have to be explained 574 1143. Section III 575 1144. Excellence lies not in colour but in piety 575 1145. Excellence of asceticism 575 1146. Success & prosperity depends on 576 sincerity of faith 1147. Disbelievers are taken to punishment 576 gradually through their wealth 1148. Ascetics keep no property with them 577 1149. The hadith itself 578 1150. Another view 578 1151. An example 579 1152. Waqf of the two Harams 579 1153. Avoid amassing worldly property 579 1154. Path of the hereafter will be easy 580 without 1155. Do not be worldly minded 580 1156. Allah's command to the Prophet 581 1157. Earning worldly wealth lawfully for 581 1158. Keys & locks for treasures 582 1159. Raising unnecessary buildings 582 1160. Foolish to collect wealth 583 1161. Wine is root of all evil 584 1162. Fearful things 585 1163. World is abode of deeds 585 1164. World is not alasting provision 586 1165. Little is better 587 1166. Men's greed for worldly possessions 587 1167. The hereafter is just round the corner 587 1168. The best person 588 1171. Who was Luqman, the Wise 589 1172. Pious deeds will intercede 589 1173. Give up what reminds you of the 591 worldly things 1174. Some advice 591 1175. Righteousness 592 1176. Token of opening of heart of any one of 593 Islam 1177. Who gets wisdom 594 1178. CHAPTER - II 595 . 1179. The excellence of the poor & the 595 prophet's social life 1180. Section I 596 1181. Merit of extreme poverty 596 1182. Weaker people are black bone of the 597 ummah 1183. Tidings of paradise for the poor + 597 : 1169. Four things make one disinterested with 588 the world 21 Translation & Commentary of MISHKATUL MASAABIH Vol. 4 1184. Majority in paradise & hell 598 1185. Excellence of the poor 598 - 1186. Life of the Prophet's family 600 1187 .. Prophet's example emulated 600 1188. Burden of debt 600 1189. Believer does not crave for the temporal 601 1190. Poverty of ahl us suffah 602 .1191. Compare yourself with one poorer than 602 you 1192. Section II 604 1193. The Poor will precede the rich to 604 paradise 1194. The excellence of the poor 605 1195. Blessings of the weak to poor Muslim 607 1196. Do not envy the disbelievers their 608 prosperity. 1197. World is a believer's prison 608 1198. When Allah withholds wealth from 609 anyone He loves him 1199 .: Less wealth is a blessing 609 1200. Choose poverty if you love the prophet 610 1201. Persecution faced by the Prophet in his 610 mission 1202. Preaching at Ta'if 612 1203. Supplication of the Weak 612 1204. Poverty of the Prophet & his Sahabah 613 1205. Who is patient & grateful 613 1206. Section III 614 1207. Being patient when striken by poverty 614 1208. The excellence of the poor among the 615 Muhajirs 1209. Divine treasure 616 1210. Three things dear to Allah's Messenger 617 1211. Not fitting for Allah's slaves to live 617 lavishly 1212. Virtue of Contentment 618 1213. Allah's assurance to one who complains 618 not to people of difficulties 1214. The Muslim who is dear to Allah 619 1215. Umar's righteousness 619 1216. Poverty during early Islam 619 1217. CHAPTER - III 620 1218. Hope & greed 620 1219. Section I 620 1220. Man, his hopes & his death 620 1221. Two things are young in an old man too 621 1222. Allah is absolved if a sixty-year old will 621 not repent 1223. Unlimited greed of man 622 1224. Live like a traveller 622 1225. Section II 624 1226. Work to set right your religious life 624 1227. Remember death always 624 1228. Death is nearer than hope 624 1229. Age of the members of the Prophet's 625 ummah 1230. Section III 626 1231. Miserliness & tall hopes condemned 626 1232. What is yaqeen 626 1233. An example 627 1234. Asceticism in its true sense 628 1235. CHAPTER - IV 630 1236. Seeking property & life to be able to 630 · obey Allah 1237. Section I 630 1238. The dear slave of Allah. 630 1239. Section II 630 1240 .. Long life with good deeds 630 1241. Four men for whom the world is good 631 or bad 1242. Good deeds before death 633 1243. The wise and the stupid ; 633 1244. Section-III 635 1245. Wealth is not bad for the God-fearing 635 1246. Wealth is the shield of a believer 635 1247. Sixty years of age is old age 636 1 22 Translation & Commentary of MISHKATUL MASAABIH Vol. 4 1248. Good deeds & long life fetch high ranks 636 1249. Life of a worshipper 637 1250. CHAPTER - V 638 1251. At-tawakkul & patience 638 1252. Sabr or patience 639 1289. Warning to performers of deeds to be 665 1253. More about tawakkul & sabr 639 heard & seen 1290. Gaining fame without desiring it 666 1291. Section II 666 1292. Associators will be put away 666 1293. Showiness condemned 667 1294. What is not riya 667 1295. Double-dealing & ostentation in religion 668 1296. Fame sinks to nothingness 670 1297. Section III 671 1298. Sumah condemned 671 1299. Ostentation is tantamount to polytheism 672 1300. Sincere slave of Allah 673 1301. Hypocrites before Last Day 673 1302. Showing off is polytheism 674 1303. Ostentation is worse than mischief of the 675 dajjal 1304. More about ostentation being 676 polytheism 1270. Placing complete trust in Allah 657 1305. Deed done in secret 676 1271. The verse to get ample provision 658 1272. Allah alone provides sustenance 659 1273. Earnings are not the real thing 659 1274. Trust in Allah & He will Suffice 1275. More on it 660 1276. An amazing example of tawakkul 660 1277. Provision looks out for the person 661 1278. Unmatched patience of a Prophet 1279. CHAPTER - VI 663 1280. Hypocrisy, ostentation & fame 663 1281. Definition of riya 663 663 1282. Kinds of riya 1283. Difficult to fight off 664 1284. Be pleased on being seen 664 660 1309. Weeping & fear 678 1310. Section I 678 1311. Laughter is a sign of disregard of the 678 hereafter 1312. What lies in store for us 678 1313. A peep into hell 679 1314. Result or rampant evil-doing 680 1315. Swallowing & metamorphosis of this 681 ummah 1285. What is Sumu'ah 664 1286. Section I 664 1287. Allah looks at hearts & deeds 664 1288. Deeds lacking sincerity are useless 665 1254. Complaining 642 1255. Who is qualified 642 1256. Sabr 642 1257. Kinds of sabr 643 1258. Section-I 644 1259. Excellence of those who observe tawakkul 1260. The believer's distinction 647 1261. Words of guidance 648 1262. Section II 649 1263. Place trust in Allah in a complete way 649 1264. Nearer paradise or nearer hell 650 1265. What is zuhd 652 1266. People cannot benefit or hurt you 653 1267. Man's happiness & misfortune 656 65 1268. Istikharah 1269. Section III 657 1306. Hypocrisy is very harmful 677 1307. Virtue of good intention 677 1308. CHAPTER - VII 678 662 1316. When punishment comes down 683 1317. What matters is how one dies 683 644 23 Translation & Commentary of MISHKATUL MASAABIH Vol. 4 1318. Section II 1319. Man's foolishness 684 . 1354. Excellence of this ummah of 706 Muhammad 1355. Wine by other name 710 1356. Section III 711 1357. State of Muslims in future 711 1324. Trumpet, first and second 688 1358. BOOK - - XXVI 712 1325. Think of death & the grave 689 1326. Fear of the hereafter made the Prophet grey-haired 691 1360. CHAPTER - I 712 1361. Section I 712 1362. The Prophet mentioned all that would transpire till the last hour 1363. Temptations unlimited 713 1364. Faith will be removed from hearts 713 1365. Retire away from people during fitnah 716 1366. The first evil 717 1367. Obey ruler 718 1368. Take precautionary measure through 718 good deeds before fitnah arises 1369. With draw into seclusion when trials & 719 mischief spread 1370. Turmoil like down pour 722 1371. Destruction of the ummah at hands of 722 Quraysh youth 1372. Limitless turmoil & killing 724 1373. Keeping to religion during turmoil 725 1374. Ensuring oppression knowing the future 725 will be worse than the present 1375. Section II 726 1376. The Prophet named the mischief 726 managers till the Last Hours 1377. Leader who mislead 726 1378. The Khilafah will last for thirty years 727 1379. About the 30 years 728 1380. Time to come 728 1381. Frightening events after the Khufa 731 Rashidah "Righteous caliphs" 1382. Harrah 733 712 1328. The sahabah's righteousness 691 1329. More about that 692 1330. About Umar & Abu Musa 693 1331. Nine commands 694 1332. Weeping for fear of Allah 695 1333. CHAPTER - VIII 695 1334. Change of the people for the worse 695 1335. Section I 695 1336. Scarcity of men 695 1337. Muslims will imitate Jews & Christians 696 696 1338. Pious people disappear gradually 1339. Section II 697 1340. The worst will take over 697 1341. The Last hour 697 698 1342. Comfortable life hinders religious obligations 1343. Sticking to religion when sin in rampant 699 1344. When life is better & when death 699 1345. Love of world & fear of death are uses of 700 weakness 1346. Section III 701 1347. Some evils & their repercussions 701 1348. CHAPTER - IX 701 1349. Warning & admonition 701 1350. Section I 701 1351. Some Divine commands 701 1352. The Qurysh invited to Islam 703 1 684 1353. Section II 706 1320. Laugh little weep much 684 1321. The destination 685 1322. Merit of dhikr 686 1323. Who vie each other to do good deeds 687 1359. Fitnah 712 1327. Section III 691 24 Translation & Commentary of MISHKATUL MASAABIH Vol. 4 1383. How to act during turmoil 733 1384. Trials before the Last Hour 735 1385. The best man during turmoil 736 1386. More about the fitnah 737 1387. Some more commotions 738 1388. Martyrdom of Abdullah ibn Zubair 740 1389. About fitnah mukhtar 741 1390. The story about Marwan 743 1391. Fitnah ad-Dahayma 744 1392. Evil draws near the Arabs 745 1393. He who keeps away from fitnah is 746 fortunate 1394. Reverting to idol worship 746 1395. The period of Islam 747 1396. The martyrdom of Sayyiduna Uthman 750 1397. The Battle of Jamal 752 1418. Leave the Ethiopian alone 772 1419. Turks will be driven off 773 1420. Future of Busrah 774 1421. Basrah in this hadith means Baghdad 775 1422. More about Basrah 776 1423. Excellence of a mosque in a village of 778 Basrah 1404. Section I 757 1424. Section III 779 1405. Those things that will necessarily 757 happen before the Last Hour 1406. Battle will be fought with some nations 760 1407. A decisive battle with Jews in future 761 1408. Coming of a man from Qahtan 761 . 1409. Kisra's treasures 762 1410. Conquest of the Byzantine & Persia 762 1411. Six things before the Last Day 764 1412. Byzantines & the dajjal against Muslims 765 1413. Will be conquered without fighting but 768 with declaration of Allah's Unity & greatness 1414. Section II 769 1415. Sequence of events before the Last 769 Hours 1416. Great war, conquest of Constantinople & 770 coming of the dajjal 1417. Peace treaty with the Byzantines will be 771 violated 1398. The Battle of Siffin 754 1399. Section III 755 1400. Dhat ul Anwat & god for people 755 1401. Some fitnah & thereafter 756 1402. CHAPTER - II . 757 1403. Al-mulahim "battles" 757 1425. Umar kept fitnah away 779 1426. Conquest of Constantinople will be near 781 the Last Hour 1427. Well completed 781 Vol.4 Translation & Commentary of MISHKATUL MASAABIH 25 بسم الله الرحمن الرحيم BOOK - XIX . كتاب الصيد والذبائح GAME & ANIMALS THAT MAY BE SLAUGHTERED RULING: It is lawful to hunt game anywhere outside the limit of the Haram (sacred territory) provided the hunter has not assumed the ihram. The permissibility of game is established from the Book and the sunnah (Holy Prophet's practice) (meaning, Quran and ahadith) There is also a consensus of the ummah on it. However, it is stated in a book Risalah (prayer) Ibn Abu Zayd which is on the school of Imam Maalik av,, that it is makruh (disapproved) to hunt game merely for pleasure and play but allowed otherwise. As for as the Prophet صلى الله عليه وسلم is concerned, it is not known that he ever took active part in hunting game. It is known however, that when any one was engaged in hunting, he did not forbid him to do so. SECTION I الفصلالاول TRAINED DOGS & ARROWS (٤٠٦٤) عَنْ عَدِيٍ بُنِ حَاتِرٍ قَالَ قَالَ لِ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إِذَا أَرْسَلْتَ كَلْبَكَ فَاذْ كُرِ اسْمَ اللّهِ فَإِْ أَهْسَكَّ عَلَيْكَّ فَأَذْرَكْتَّهُ حَيَّا فَاذْبَحُهُ وَإِْ أَذْرَكْتَّهُ قَدْ قُثُلَ وَلَمْ يَأْكُلُ مِنْهُ فَكُلُهُ وَإِنْ آَكَلَ فَلَا تَاجُلُ فَإِنَّمَا أَهْسَكَّ عَلَى نَفْسِهِ فَإِنْ وَجَدْتَّ مَعَ كَلْبِكَ كَلْبًّا غَيْرَهُ وَقَّدْ قَتَلَ فَلاَ تَأْكُلُ فَإِنَّكَ لَا تَدْرِى أَيُّهُمَا قَتَلَ وَإِذَا رَهَيْتَ بِسَهْمِكَ فَاذْكُرِ اسْمَ اللَّهِ فَإِنْ غَابَ عَنْكَ يَوْمًّا فَلَهُ نَّجِدُ فِيْهِ إِلَّا أَثّرَ سَهُمِكَ فَكُلُ إِنْ شِئْتَ وَإِنْ وَجَدْتَهُ غَرِيْقًا فِى الْمَاءِ فَلَا تَأْكُلُ - (متفق عليه) صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Adi ibn Hatim .4064 said to him, "when you set off your (trained) dog (to hunt) mention Allah's name (saying, Bismillah Allahu Akbar). If it catches anything for you and you get it alive, slaughter it. (If you do not mention Allah deliberately, then it is unlawful to eat it). If you get it while the dog has killed it but has eaten nothing of it, then you may eat it. If it has eaten some of it, then do not eat it, for it caught it only for itself. (Nothing else can be presumed in this case). If you find another dog with yours and the game is killed, do not eat it, for you cannot know which of them has killed the game. When you shoot your arrow, mention the name of Allah. If the game evades your sight for one day and you find on it (nothing else but) only the mark of your arrow, then you may eat it, if you wish. If you find it drowned in water, then do not eat it -- 26 Translation & Commentary of MISHKATUL MASAABIH Vol.4 (even though there is on it the mark of your arrow for it may have died of drawing).1 COMMENTARY: To set off the dog is tantamount to using the knife. The name of Allah is mentioned in each case, bismillah AllahuAkbar. If anyone forgets to mention it, then it is lawful to eat the game but if he deliberately omits to say so on sending the dog and stops it after it goes and he mentions Allah's name, after which the dog catches the game and kill it, then it is unlawful to eat it. The person who set off the dog must be a Muslim or one of the people of the Book (Jew or Christian). If the dog goes on its own and brings the game in a wounded condition then it is not lawful to eat it. If anyone does not mention Allah's name on sending the dog but gets the animal alive and slaughters it, then it is not a game. Just as game hunted by trained dhunaab animals, like dog, cheetah (panther) is lawful, so too game hunted by trained dhu mukhlab, birds, like hawk, eagles, etc is lawful. The sign of dhunaab being trained is that it nabs the game three times and lets go without eating it. The sign that a dhu mukhlab is trained is that when it is called after it releases the game, it comes back promptly. Hence, if the dhu makhlab, like the hawk etc, eats from the game, some of it, the game remains lawful to eat. But, if a dhunaab, like the dog, eats something of the game then it does not remain lawful. If a trained dog (or any other) catches the game and lets go and eats something of it even once, then it is like an untrained dog till it is trained again. The Hanafi ulama (Scholars) say that a game is lawful only if the name of Allah is mentioned when shooting an arrow and the animal is wounded with that. If it runs away out of sight the hunter must not give up search. Musannaf Ibn Abu Shjaybah and Tabarani have the hadith of Abu Razin رضى الله عنه that the Prophet صلى الله عليه وسلم said about the game that evades the sight of the hunter: (Also,yiplja ju) (Perhaps, the warms of the earth killed it). Musannaf Abdul Razzaq has a similar hadith from Sayyidah Ayshah Quem », too. We learn from this hadith that it a dog (or any hunting animal) or a hawk, etc is set off on a game and it kills it, then the game is lawful, provided the dog, etc. was trained. The game is lawful, provided the dog, etc was trained. The game hunted by an untrained animal is not lawful. (٤٠٦٥) وَعَنْهُ قَالَ قُلْتُ يَا رَسُوْلَ اللّهِ إِنَّا نُرْسِلُ الْكِلَابَ الْمُعَلَّمَةَ قَالَ كُلُ مَا أَمْسَكُنَ عَلَيْكَ قُلْتُ وَإِكْ قَتَلْنَ قَالَ وَإِنْ قَتَلْنَ قُلْتُ إِنَّا نَرُمِى بِالِعْرَاضِ قَالَ كُلُّ مَاخَزَقَ وَمَا أَصَابَ بِعَرْضِهِ فَقَتَلَ فَإِنَّهِ وَقِيُذْ فَلَا تَأْكُلُ- (متفق عليه) 4065. Sayyiduna Adi ibn Hatim us à+, narrated that he submitted, "O Messenger of Allah, we set of trained dogs (to hunt). He said, "You may eat what they catch for you." He asked, "Even if they kill the game?" He confirmed, "Yes, even if they have killed the game." Then he submitted, "We shoot the mu'rad (featherless arrows)." He said, "You may eat what the arrow wounds (meaning, strikes straight with its points and pierces and it dies). If the arrow strikes with its middle or side 1 Bukhari # 5484, Muslim # 6. 1929, Tirmidhi # 1470 (1472 to 1475), Nasa'i # 4269, Darimi # 2002, Musnad Ahmad 4-456, (Bukhari also # 5414, 54838-175). - -- 27 Translation & Commentary of MISHKATUL MASAABIH Vol.4 (but not the point without wounding it) and kill it then it is waqidh (beaten to death). Do not eat it."1 [mi'rad (y): a heavy stick with a sharp pointed end and thick middle used for hunting] (from glossary of Tirmidhi p 750 02 - Darul Isha'at Karachi) COMMENTARY: In fact, waqidh or mawqudh is the animal that is killed with the broad side of a stick or weapon, not with its sharp point or with a stone or any other thing. The ulama (Scholars) go by this hadith and deduce from it that any game killed by a gun, meaning a bullet, or a catapult is not lawful. The animal is also not lawful to eat if it is struck by the broad side of a mi'rad and killed because it is necessary to wound it so that it bleeds and the sense of slaughtering is upheld. The broad side of the mi'rad does not wound the animal. A bone may be broken by it but it does no cause a bleeding wound. If a bullet has a fine edge and kills the animal through a bleeding wound then the animal is not unlawful to eat. If anyone throws a knife or a sword on an animal and it strikes it from the pointed side and the animal dies then it is lawful to consume. If it does not strike from the pointed edge then the animal is not lawful to eat. If a sharp-edged stone is thrown 'on a game and it kills it after wounding it, then it is allowed to eat the animal. Its death occurred through bleeding. But, if a heavy stone is thrown and it kills the animal then it is not allowed to eat the animal even if it bleeds because it may have died of the blow (like a bone breaking). (٤٠٦٦) وَعَنْ أَبٍ تَعْلَبَةَ الْحُشَنِيِّ قَالَ قُلْتُ يَا نَبِيَّ اللُّهِإِثَ بِأَرْضِ قَوْمٍ أَهْلِ الْكِتَّابِ آَفَتَأْكُلُّ فِي أُنِبَتِهِمُ وَبِأَرْضِ صَيْدٍ أَصِيْدُ بِقَوْسِئْ وَبِكَلْىِ الَّذِى لَيْسَ بِمُعَلٍَّ وَبِكَلْبِى الْمُعَلَّمِ فَمَا يَضْلُغُ لِ قَالَ آَمَّا مَا ذَكَّرُتَ مِنْ انِيَّةٍ أَهْلِ الْكِتَابِ فَإِْ وَجَدْ تُمْ غَيَِّهَا فَلَا تَأْكُوْا فِيْهَا وَإِْ لَّمُ تَجِدُوا فَاغْسِلُوْهَا وَكُلُوا فِيْهَا وَمَا صِدُتَّ بِقَوْسِكَ فَذَكَّرْتَ اسْمَ اللّهِ فَكُلُ وَمَا صِدْتَّ بِكَلْبِتَ المُعَلَّمِ فَذَكَّرُتَ اسْمَ اللُّهِ فَكُلُ وَمَا صِدْتَّ بِكَلْبِتَ غَيْرَ مُعَلَّمٍ فَادْرَكْتَ ذَكَاتَهُ فَكُلُ- (متفق عليه) 4066. Sayyiduna Abu Tha'labah Khushani As a +, narrated that he asked, "O Prophet of Allah, we reside in a land whose folk are the people of the Book. May we eat out of their vessels? We are in a land where there is plenty of game, I hunt with my bow, my untrained dog and my trained dog. What is proper for me?" He said, "As for your question about the vessels of the people of the Book, if you find other (vessels) then that, then do not eat out of them. But, if you cannot find (other vessels), then wash them and eat out of them. (As for hunting,) the animal that you hunt with your bow and mention Allah's name (when you shoot it), you may eat that. Eat also the animal that you have caught by your trained dog if you have mentioned Allah's name (on sending dog after it). As for the game you catch with your untrained dog and get it when you can slaughter it (meaning, when it is alive and you slaughter it), then you may eat it."2 : 1 Bukhari # 5477, Muslim # 1-1929, Abu Dawud # 2847, Nasa'i # 4205, Ibn Majah # 3214, Musnad Ahmad 4-380. 2 Bukhari # 5478, Muslim # 8-1930, Abu Dawud # 2855, Nasa'i # 4266. 28 Translation & Commentary of MISHKATUL MASAABIH Vol.4 COMMENTARY: The command not to use their vessels was only to observe the best course in the light of the Prophet's صلى الله عليه وسلم saying. "Leave what causes you doubt." Secondly, even if the vessels are washed, it is better to abstain from them as far as possible. Thirdly, it should be ingrained in the minds of the Muslim that they should abhor mingling with the people of the Book. At the same time, this command to not use their vessels is to observe taqwa (piety)(righteousness). But, the ruling is as the hadith says; they must be washed and scrubbed. It will be wajib (obligatory) to observe this command if one is more inclined to believe that the vessels are impure. But it will be of the kind of mustahab (desirable) when there is no likelihood of the vessels being impure. Ibn Maalik als, said that if one is not sure that the vessels are impure then using them unwashed is makruh tanzihi (disapproved nearer to lawful) (nearer lawful than unlawuful). Burmadi ales, said that the apparent meaning of this hadith is that if other vessels are to be had, then their vessels (of the people of the Book) must not be used at all (even after washing). However, jurists say that it is allowed to use these vessels after washing, in any case, whether other vessels are available or not. They say that the dislike is when the vessels have been used for cooking pork and consuming pork or wine. FLESH THAT STINKS (٤٠٦٧) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا رَمَيْتَ بِسَهْمِكَ فَغَابَ عَنْكَ فَأَدْرَكْتَهُ فَكُلُ مَا لَهُ يُنْتِنُ- (رواه مسلم) صلى الله said that Allah's Messenger رضى الله عنه Sayyiduna Abu Tha'labah Khushani .4067 Jule said, "If you shoot your arrow (mentioning the name of Allah) and (after being struck) the animal vanishes out of sight (dying somewhere), when you find it, you may eat it provided it does not change its adour (into a stench)."1 COMMENTARY: The Hanafi ulama (Scholars) say that the commanding the hadith 'provided ... ' is by way of mustahab (desirable), for, if flesh has a stench then it does not become unlawful. According to a tradition, the Prophet صلى اللهعليه وسلم had eaten flesh that had a stench. Nawawi au, said that the disallowance to eat bad-smelling meat is merely nahi tanzihi (forbidden nearer to lawful) (nearer lawful than unlawful). The same command applies to every such food that has a stench, unless eating it might cause harm. (٤٠٦٨) وَعَنْهُ عَنِ النَّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ فِى الَّذِىُ يُدْرِكُ صَيْدَهُ بَعْدَ ثَلَاثٍ فَكُلُهُ مَا لَمْ يُنُيِّنُ (رواه مسلم) صلى الله عليه narrated that the Prophet رضى الله عنه Sayyiduna Abu Tha'labha Khushani .4068 said about the hunter who finds his game after three days. "(He may) eat it unless it stinks."2 WHEN UNCERTAIN ABOUT SLAUGHTER (٤٠٦٩) وَعَنْ عَائِشَةَ قَالَتُ قَالُوا يَا رَسُولَ اللُّهِ إِثَّ هُنَا أَقْوَامًا حَدِيْثُ عَهْدِهِمْ بِشِرُكٍ يَاتُوُ نَنَا 1 Muslim # 9-1431, Musnad Ahmad 4-194. 2 Muslim # 10-1930, Nasa'i # 3404. 29 Translation & Commentary of MISHKATUL MASAABIH Vol.4 بِلُحْمَانٍ لَّاتَدْرِئْ آَيَذْكُرُوْتَ اسْمَ اللَّهِ عَلَيْهَا أَمْ لَا قَالَ أُذْكُرُوْا أَنْتُمْ اسْمَ اللَّهِ وَكُلُوا - (رواه البخارى) 4069. Sayyidah Ayshah que a+, narrated that the sahabah (Prophet's Companions) pasàn+, submitted. "O Messenger of Allah, some people here have been polytheists till recently. They bring to us meat but we do not know whether they had mentioned the name of Allah over it, or not." (For, they are not very familiar with the commands of Islam. So, may we eat that or not?) He said "you should mention the name of Allah yourselves and then you may eat."1 رضى الله (told the Sahabah (Prophet's Companions صلى الله عليه وسلم COMMENTARY: The Prophet that they might mention the name of Allah before eating meat sent to them by. those who were until recently polytheists. It will be as good as having taken Allah's name at the time of the slaughter. In fact, he said that it is mustahab (desirable) to say bismillah at the time of eating food. As for the uncertainly whether Allah's name was mentioned at the time of slaughter, it is allowed to eat such meat provided he who slaughtered it is one of those whose slaughter is allowed to be eaten, by Shari'ah (divine law). The essential point is that one must have a good opinion of Muslims always. A Muslim is surely expected to have mentioned Allah at the time of slaughter. MENTIONING NAME OTHER THAN ALLAH'S (٤٠٧٠) وَعَنْ أَبِ الْتُفَيْلِ قَالَ سُئِلَ عَلِىّ هَلُ خَشَّكُمْ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِشَهْيٍ فَقَالَ مَاخَقَنَا بِثَّيٍ. لَمْ يَعَّْ بِهِ النَّاسَ إِلَّمَا فِي قِرَابٍ سَخِئْ هذَا فَأَخْرَبَ صَحِيْفَةً فِيْهَا لَعَنَّ اللَّهُ مَنْ ذَبَعَّ لِغَيْرِ اللَّهِ وَلَّعَنَ اللهُ مَنْ سَرَقَ مَنَارَ أُلَّارُضٍ وَفِي رِوَايَةٍ مَنْ غَّرَ مَنَارَ أَلَارُضٍ وَلَعَنَ اللَّهُ مَنْ لَعَنَ وَالِدَهُ وَلَعَنَّ اللّهُ مَنْ أَوَى مُحْدِثًا- (رواه مسلم) 4070. Sayyiduna Abu Tufayl ata>, said that (Sayyiduna) Ali usd +, was asked, "Has Allah's Messenger صلى الله عليه وسلم given you (people of his family) any specific thing (at the exclusion of the others)?" He said, "He did not distinguish us with any thing that was not common to all people. Only that which is in the scabbard of my sword (is what he gave us. But, I do not know if they are for us exclusively or common to all people)." Then he took out (from the scabbard of his sword) a piece of paper. It read; "May Allah curse him who slaughters an animal and mentions over it a name other than Allah's. May Allah curse him who steals a landmark." According to a version. "(May Allah curse him) who changes a landmark. May Allah curse him who curses his father. May Allah curse him who shelters an innovator." (1) COMMENTARY: The landmarks are the tablets erected on land to mark the limits and to identify different plots of land. One who steals them or changes them is one who usurps neighbouring land. A person who curses his father may do it directly or he may curse someone else's father who then retaliates and curses his father. So, he gets another person to curse his father. The innovator is a bid'ati. He introduces novel ideas is religion such as alter Shari'ah (divine law) and sunnah (Holy Prophet's practice). If anyone shelters an innovator then he 1 Bukhari # 5007, Muwatta Maalik # 1 (Bukhari) 30 Vol.4 Translation & Commentary of MISHKATUL MASAABIH honours him and helps him. So, he is answerable for it. ENOUGH TO SLAUGHTER WITH WHAT CAUSES BLEEDING (٤٠٧١) وَعَنْ رَافِعْ بُنِ خَدِيْجٍ قَالَ قُلْتُ يَا رَسُولَ اللُّهِ! إِنَّالَا قُوا العَدُوَ غَدًّا وَلَيْسَتُ مَعَنَا مُدَّى أَفَتَذُّبَمُ بِالْقَصَبِ قَالَ مَا أَهْرَا الدَّمَ وَذُكِرَ اسْمُ اللّهِ فَكُلُ لَيْسَ السِّنَّ وَالثُّفُرَ وَسَأُحَدِّقُتَ عَنْهُ أَمَا السِّنُّ فَعَنْظُهُ وَأَمَّا التُّفُرُ قَمُدَى الْحُبَشِ وَ أَصَبْنَا نَّهُبَّ إِبِلٍ وَغَنٍَ فَنَّأَّ مِنْهَا بَعِيٌ فَرَمَاهُ رَجُلْ بِسَهٍ فَحَبَسَهُ فَقَالَ رَسُولُ اللُّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَإِّ ◌ِلهذِهِ الْإِبِلِ آَوَابِدُ كَوَابِدِ الْوَحْشِ فَإِذَا غَبُّكُمْ مِنْهَا شَىْءٌ فَافْعَلُوا بِهِ هُكَذَا. (متفق عليه) 4071. Sayyiduna Rafi' ibn Khadija+, narrated that he submitted, "O Messenger of Allah, we shall meet the enemy tomorrow and we do not have a knife (with us to slaughter an animal). May we kill animals with reeds or canes?"1 He said, "Mention the name of Allah and use any thing that shed blood and you may eat - but not tooth or claw. I shall tell you about that A tooth is a bone and a claw is the knife of the Ethiopians." They got some booty consisting of camels and sheep. One of the camels ran away. So a man shot an arrow and (Allah) restricted the camel. Allah's Messenger صلى الله عليه وسلم said, "Indeed among these beasts are some that run wild. So, when any of them escapes from you, do this to them (as this man did)."2. . COMMENTARY: A tooth is a bone. It is not allowed to kill with a bone, so anything slaughtered with it may not be eaten. Shaykh Ibn Salah (prayer) aus, and Shaykh Abdus Salaam als, have said that they could not find out the sense of disallowing slaughter with a bone. But Imam Nawawi alus, said that the bone will become impure with blood and we are disallowed to do it because the bone is provision for the jinns. Claws may not be used to slaughter an animal because that will resemble the Ethiopian non Muslims. They tore up the animals with their nails. Muslims must not adopt the ways of non-Muslims. While the other three imams go by the hadith to the latter, Imam Abu Hanifah ai das, maintains that it is disallowed to slaughter with teeth and nails (claws) as long as they are in their places (in the mouth and fingers) but if they are outside their positions and independent (or extracted), it is allowed to use them to slaughter but even this permission is not without dislike. But, the meat of such animal may be eaten. He cites the words of the Prophet صلي الله عليه وسلم: 'use any thing that sheds blood.' He says that the Ethiopians slaughtered with teeth and nails when they were in their places. When a domesticated animal flees be it a camel, cow or sheep, it may be slaughtered in the same way as a wild animal. Recite bismillah and shoot an arrow at it. When the arrow strikes it anywhere on its body and kills it, the animal will be deemed to have been slaughtered. Its meat will be lawful to eat. 1 Bukhari has reeds 2 Bukhari # 2488, 5509, Muslim # 20. 1968, Tirmidhi # 1496, 1497 Abu Dawud # 2821, Musnad Ahmad 3-463. . 31 Translation & Commentary of MISHKATUL MASAABIH Vol.4 The same command applies when animals falls in a well or a pit. Only the camel is mentioned here perhaps because it is more wild then other. There are two kinds of slaughtering. (i) voluntary and (ii) imposed. In the first kind the animal's jugular vein is cut with a sharp knife or any other sharp object, or by hitting a spear, etc in the camel's chest. The second kind is to cause a wound an any part of the animal's body. SLAUGHTERING WITH STONE (٤٠٧٢) وَعَنْ كَعُبٍ بُنِ مَالِكٍ أَنَّهُ كَانَ لَهُ غَوْ تَرْعِى بِسَلْعٍ فَأَبْصَرَتْ جَارِيَةٌ لَنَا بِشَاةٍ مِنْ غَنَمِنَا مَوْمًا فَكَسَرَتْ حَجْرًا فَذََّتْهَا بِهِ فَسَأَلَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَآَمَرَهُ بِاَكْلِهَا - (رواه البخارى) 4072. Sayyiduna Ka'b ibn Maalik usil gio, said that he had (a herd of) sheep that were pastured at sale (a hillock near Madinah). One of his slave girls observed (One day) that a sheep was dying, so she broke a stone and severed its throat with it. Ka'b >, 1.about it. He ordered him to eat it صلى الله عليه وسلم then asked the Prophet الله عنه DO NOT SLAUGHTER WILDLY (٤٠٧٣) وَعَنْ شَذَّادٍ بُنِ أَوْسٍ عَنْ رَّسُوْلِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِّ اللَّهُ تَبَارَكَ وَتَعَالَى كَتَبَ الْإِحْسَانَ عَلَى كُلِّ شَىْءٍ فَإِذَا قَتَلْتُمْ فَأَحْسِنُوا الْقَتْلَةَ وَإِذَا ذَبَكْتُمْ فَأَحُسِنُوا الذِّبْعَّ وَلِيُحِدَّ أَحَدُ كُمْ شَفْرَتَهُ وَلْيُرُ ذَيُحتَە۔(رواه مسلم) صلى الله عليه ibn Aws narrated that Allah's Messenger رضى الله عنه Sayyiduna Shaddad .4073 , said, "Surely Allah, blessed and Exalted, has decreed kindness in everything (that you do). Hence, (even) when you kill, show kindness (and do it in a good, civil manner - even when awarding a punishment). When you cut an animal's throat. Show kindness (and be gentle). Each of you should sharpen his knife and cause the animal the minimum of pain."2 . COMMENTARY: The animal may be killed with a sharp knife and it must be done rapidly. After slaughtering the animal it must be left to cool down (before removing its hide, etc). The Hanafis say that it is makruh (disapproved) to skin the animal before it cools down well. The mustahab (desirable) way it not to sharpen the knife within sight of the animal. It should not be slaughtered in front of other animals and it should not be pulled by its legs to the place where it will be slaughtered. ANIMALS MAY NOT BE FETTERED & USED AS TARGET (٤٠٧٤) وَعَنَ ابْنِ مُمَرَ قَالَ سَمِعْتُ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَنْهى أَْ تُصْبِرَ بَهِيْمَةٌ أَوْ غَيَُّهَا لِلْقَتْلِ- (متفق عليه) صلى الله عليه narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .4074 , forbid binding an animal or any other thing before being killed and using it as .. 1 Bukhari # 2304, Ibn Majah # 3182. 2 Muslim # 1955, Tirmidhi # 1409. 32 Translation & Commentary of MISHKATUL MASAABIH Vol.4 target.1 COMMENTARY: the hadith could mean: (i) It is disallowed to tie an animal and strike it with arrows, stones or bullets. Or, (ii) It is disallowed to tie an animal and deny it fodder and water till it is killed. (٤٠٧٥) وَعَنْهُ أَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَعَنَّ مَنِ النَّخَذَّ شَيْنَّافِيْهِ الرُّوْمُ غَرَضًا- (متفق عليه) 4075. Sayyiduna Ibn Umar رضى الله عنه -narrated that the Prophet صلى الله عليه وسلم cursed him who (fetters and) uses a living being as a target.2 (٤٠٧٦) وَعَنِ ابْنِ عَبَّاسِ آَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تَتَّخِذُوا شَيْتَّافِيْهِ الرُّوُْ غَرَضًّا (رواه مسلم) 4076. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "Do · not use a living being as a target."3 COMMENTARY: It is disallowed to the point of being unlawful. The animal is made to suffer. Also it is wasteful pursuit. DO NOT BRAND THE FACE (٤٠٧٧) وَعَنْ جَابِرٍ قَالَ تَّى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنِ الضَّرُبِ فِي الْوَجْهِ وَعَنِ الْوَسْمِ فِى الْوَجُهِ. (رواه مسلم) 4077. Sayyiduna Jabir رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم forbade that any one should strike another's face and brand anyone on the face.4 (٤٠٧٨) وَعَنَّهُ أَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَرَّ عَلَيْهِ حِمَارْ وَقَدُ وُسِوَ فِي وَجُهِهِ قَالَ لَعَنَ اللَّهُ الَّذِىُ وَسَمَدِ (رواه مسلم) 4078. Sayyiduna Jabir رضى اله عنه narrated that an ass passed the Prophet صلى الله عليه وسلم . It had been branded on its face. He said, "Allah's curse be on him who has branded it."5 COMMENTARY: It is not allowed to curse a Muslim, so the man may not have been a Muslim. Or, the Prophet صلى الله عليه وسلم may have conveyed to us that the man deserve Allah's wrath. No living being - man or animal - should be branded on the face. It is disallowed. As for animals being branded on other portions of their body some ulama (Scholars) say that it is mustahab (desirable) in order to distinguish them as animals of zakah (Annual due charity) and jizyah (tribute). As for other animals, it is merely allowed to do so. As for human being branding themselves, we have different akhbar6 and asthar7 of the Prophet صلى الله عليه وسلم and the sahabah (Prophet's Companions) رضى الله عنهم and others about this, both oral and practical examples. Some sayings call it as not a good deed, some laud 1 Bukhari # 5514. 2 Bukhari # 5515, Muslim # 59-1958. 3 Muslim # 58-967. . 4 Muslim # 106-2116. 5 Muslim # 107-2117. 6 Plural of Khabar: traditions. 7 Traditions that come to us as originating from the sahabah (Prophet's Companions) +sas (+) as distinguished from hadith that originate from the Prophet Lyleàs o. (plural of athar.) 33 Translation & Commentary of MISHKATUL MASAABIH Vol.4 giving it up and some clearly disallow this practice. But, the Prophet's صلى الله عليه وسلم action suggests permissibility. He sent a physician to Sayyiduna Ubayy ibn Ka'b who opened this vein (to make it bleed) and branded him. When Sayyiduna Sa'd ibn Mu'adh san, was wounded, the Prophet ,là Lo gave permission for him to be branded. When there was a swelling on him, after that, he was branded again. Also, Sayyiduna Jabir ucan , and Sayyiduna Abu Zurarah &s &n +, are known to have been branded. The ulama (Scholars) explain that the sayings that disallow branding pertain to deliberate and necessary branding. It is allowed when branding becomes essential to cure a disease, etc. The ulama (Scholars) also say that branding a human body (with intention to cure) is a kind of superstition. It is not reasonable to adopt it because it defeats reliance on Allah while other remedies are not against reliance on Allah being conventional means. But, if there is a strong presumption that branding is a beneficial remedy for a particular disease then it is not unreasonable to u se it. Hence, the jurists rule that by itself branding is makruh (disapproved) tahrimi (disliked to the point of being unlawful) but when there is a strong presumption reported by an adept physician that there is no other remedy for an ailment, then branding is not makruh (disapproved) tahrimi. Some people say that branding is disallowed because the Arabs of pre-Islamic period believed in it firmly. They regarded it as a definite, unfailing remedy, Islam does not tolerate such belief. So, Muslims are disallowed to use branding and thus keep away from concealed polytheism. ANIMALS MAY BE BRANDED WHEN NECESSARY (٤٠٧٩) وَعَنْ آَنَسٍ قَالَ غَدَوْتُ إِلَى رَسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ بِعَبْدِ اللّهِبْنِ آَيْ طَلْحَةً لِيُحَنِكَهُ فَوَافَيْتُه فِي يَدِهِ الْمِيْسَمَ يَسِمُ إِبِلَ الصَّدَقَّةِ۔ (متفق عليه) 4079. Sayyiduna Anas us an », narrated that one morning he took Abdullah son of Abu Talhah رضى الله عنه to Allah's Messenger صلى الله عليه وسلم that he might perform his tahneek (by chewing a place of date and applying the juice to the child's palate). He found him holding a branding iron and branding the camels of sadaqah (charity) (or zakah (Annual due charity)).1 COMMENTARY: Abdullah ibn Talhah رضى الله عنه was the brother of Anas رضى الله عنه from his other's side. The practice of tahneek is sunnah (Holy Prophet's practice). The camels of zakah (Annual due charity) were being branded to distinguish them from other camels. (٤٠٨٠) وَعَنْ هِشَامِ بْنِ زَيْدٍ عَنْ آَنَسٍ قَالَ دَخَلْتُ عَلَى النَّبِيِّ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ وَهُوَفِى مِرْبَدٍ فَرَآَيْتُهُ يَسِمُ شَاءَ حَسِبْتَهُ قَالَ فِى أَذَاتِھَا۔ (متفق عليه) رضى الله narrated that from (Sayyiduna) Anas رضى الله عنه Sayyiduna Hisham ibn Zayd .4080 one day, he was in the shed of the صلى الله عليه وسلم that when he visited the prophet عنه 1 Bukhari # 1502, Muslim # 109-2119. - Vol.4 Translation & Commentary of MISHKATUL MASAABIH 34 animals branding sheep. Hisham atus, thought that he said, "On their ears."1 COMMENTARY: The ears are not included in the face otherwise they would not have been branded. SECTION II الفصل الثانى MAY SLAUGHTER WITH THAT WHICH SHEDS BLOOD (٤٠٨١) عَنْ عَدٍِ بُنِ حَاتٍِ قَالَ قُلْتُ يَا رَسُولَ اللهِ أَرَ أَيْتَ أَحَدُنَا أَصَابَ صَيْدًا وَلَيْسَ مَعَهْ سِدِّيْ آَيَذُبُ بِالْمَرْوَةِ وَشِقَّةِ الْعَصَا فَقَالَ أَمْرٍ رِ الدَّمَ بِوَ شِئْتَ وَاذْكُرِ اسْمَ اللّهِ- (رواه ابوداود والنسائى) 4081. Sayyiduna Adi ibn Hatim wca +, said that he asked, "O Messenger of Allah, if one of us catches a game but possesses no knife then may be slaughter it with a piece of stone or a reed?" He said, "You may shed blood with whatever you like and mention the name of Allah."2 SLAUGHTERING WHEN COMPELLED (٤٠٨٢) وَعَنْ آَبيِ الْعُشَرَاءِ عَنْ آَيْءٍ أَنَّهُ قَالَ يَا رَسُولَ اللَّهِ آَمَا تَكُونُ الذَّكَافُ إِلَّفِي الْخُلُقِ وَاللَّبَّةِ فَقَالَ لَوْ طَعَنْتَ فِى فَخْذِهَا لَّأَجُزَأَ عَنْتَ رَوَاءُ التِّرْ مِذِىُّ وَأَبُوْدَاؤُدَ وَالنَّسَائِىُّ وَابْنُ مَاجَةَ وَالدَّارِيُ وَقَالَ أَبُودَادؤٌ هُذَا ذَكَةُ الْمُتَرِّدِيِّ وَقَالَ التِّزْ مِذِىُّ لهذَا في الضَّرُؤُرَةِ- 4082. Sayyiduna Abu Urshara alus, reported that his father said that he asked, "O Messenger of Allah, must the slaughtering be restricted to the throat and the upper portion of the breast?" He said, "If you pierce the thigh (of the game) that would suffice you." Abu Dawud explained that this kind for slaughter is resorted to when an animal falls into a well. Tirmidhi explained that it is done when it becomes necessary.3 WHEN GAME DIES (٤٠٨٣) وَعَنْ عَدِيٍّ بْنِ حَاتٍِ أَثّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَا عَلَّمْتَ مِنْ كَلْبٍ أَوْبَازٍ ثُمَّ أَرْسَلْتَهُ وَذَّكَرْتَ اسْمَ اللَّهِ فَكُلُ مِمَّا أَهْسَكَ عَلَيْكَ قُلْتُ وَإِنْ قَتَلَ قَالَ إِذَا قَتَلَهُ وَلَمْ يَاكُلُ مِنْهُ شَيْأَ فَإِنَّمَا أَمْسَكَهُ عَلَيك-(رواه ابوداؤد) 4083. Sayyiduna Adi ibn Hatim رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "When you train a dog or a hawk and set it off on mentioning the name of Allah, eat the animal they have caught for you." He asked, "Even if they have killed the animal?" He said, "When they have killed but not eaten any of it for they have caught it for you alone."4 1 Bukhari # 5542, Muslim # 111-2119. 2 Abu Dawud # 2824, Nasa'i # 3404. 3 Tirmidhi # 1481, Abu Dawud # 2825, Nasa'I, Ibn Majah. 4 Abu Dawud # 2851. 1 35 Translation & Commentary of MISHKATUL MASAABIH Vol.4 WHEN AN ARROW IS SHOT (٤٠٨٤) وَعَنُّهُ قَالَ قُلْتُ يَا رَسُولَ اللَّهِ آَرُمِى القَّيْدَ فَأَجِدُ فِيٍْ مِنَ الْغَدِسَهُمِىِّ قَالَ إِذَا عَلِمُتَ آَنْ سَهُمَكَ قَتَلَهُ وَلَمْ تَرَفِيْهِ آثَرَ سَبع فٌل-(رواه ابوداؤد) 4084. Sayyiduna Adi ibn Hatim us à +, narrated that he asked, "O Messenger of Allah, I shoot (my arrow) at a game and find (it with) my arrow in it the next day (may I eat it)?" He said, "If you are sure your arrow killed it and find no mark of a beast of prey on it, then you may eat it." (But, if you see marks of teeth or claws on it, or another arrow. Then do not eat it.)1 (٤٠٨٥) وَعَنْ جَابِرٍ قَالَ تُمِيْنَا عَنْ صَيْدٍ كَلْبِ الْمَجُوُسِ- (رواه الترمذى) 4085. Sayyiduna Jabir us à , narrated: "We were forbidden to eat the animal caught by a dog belonging to the Majusis (Majians)."2 COMMENTARY: Any game caught by a Magian with his dog or a Muslim's dog is disallowed to Muslims but, if game is caught alive and slaughtered then it is allowed to eat it. If a Muslim kills game with a dog belonging to a Majusi then it is allowed to eat it. But, if both Muslims and Majusis are together and shoot arrows or set off dogs then that game is not lawful. If game of any non Muslim is not lawful then the game that he kills with dogs etc is also not lawful. VESSELS OF NON-MUSLIMS (٤٠٨٦) وَعَنْ آَبٍ تَعْلَبَةَّ الْخُشَنِيّ قَالَ قُلْتُ يَا رَسُولَ اللَّهِ إِنَّا أَهْلُ سَفَرٍ أَهُُّّ بِالْتُهُوُدِ وَالنَّصَارَى وَالْمَجُوُسِ فَلَاَجِدُ غَيْرَ انِيَتِهِمْ قَالَ فَإِنْ لَمْ تَجِدُوْا غَيْرَهَا فَاغْسِلُوُهَا بِالْمَاءِ ثُمَّ كُلُوا فِيْهَا وَاشْرَبُوْا- (رواه الترمذى) 4086. Sayyiduna Abu Tha'labah Kushani us al yo, said that he asked. "O Messenger of Allah, we travel often. We come across (habitations of) Jews, Christians and Magians. We do not have any vessels but theirs." (May we use them?) He said, "If you can get nothing else, wash them with water and eat and drink from them."3 (See hadith # 4066) EATING WITH NON-MUSLIMS (٤٠٨٧) وَعَنْ قَبِيْصَةَ بْنِ هُلْبٍ عَنْ آَيِّهِ قَالَ سَأَلْتُ النَّبِىِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَنْ طَعَامِ النَّصَارَى، وَفِى رِوَايَةٍ سَأَلَهُ رَجُلْ فَقَالَ إِّ مِنَ الَّعَامِ طَعَامًا آَخَرَّبُ مِنْهُ فَقَالَ لَا يَتَخَذَّجَنَّ فِي صَدْرِكَ شَهِىُضَارَعُتَ فِيْهِ النَّصْرَانِيَّة۔(رواه الترمذى و ابوداؤد) 4087. Sayyiduna Qabisah ibn Hulb ws à », narrated that from his father that he asked the Prophet صلى الله عليه وسلم about the food of the Christians. (According to a version a man asked about it.) He asked, "There is a kind of food from which I 1 Tirmidhi # 1468, Nasa'i # 4300. 2 Tirmidhi # 1466. 3 Tirmidhi # 1464. Vol.4 Translation & Commentary of MISHKATUL MASAABIH 36 abstain .: He (the Prophet) صلى الله عليه وسلم said, Let not doubt enter your mind (or heart) about any thing. By this deed, you have adopted resembles to Christianity."1 COMMENTARY: The Prophet صلى الله عليه وسلم said to him, "Your abstaining from food prepared by the Christians itself makes you resemble them, because it is with them that they have burdened themselves with unnecessary restrictions concerning food and drink. Their priests have made their religion difficult for them. Hence, you must not declare any thing unlawful without investigating. Your religion is straightforward and easy. The concluding words are translated by some: 'Let not doubt arise in you that by eating food of the Christians you would resemble them." In this case, it would mean that you should not abstain from food of non Muslims for fear that you would resemble them. This cannot happen with food unless the intention to resemble is there. Only Christianity is mentioned simply because the Sahabi usan+, asking the question was Adi ibn Hatim «sàn », who had been a Christian before embracing Islam. In short, a Muslim should not abstain from food of a non Muslim. He should not fear that food becomes impure on anyone touching it. But, of course, if he knows that forbidden things are mixed in it then he should refrain from that. Also, he must keep away from every unlawful food, impure vessels, meat of un slaughtered animals and carrion, swine, wine, etc. - all that which is forbidden. MUJATHTHAMAH IS FORBIDDEN (٤٠٨٨) وَعَنْ أَبيِ الدَّرْدَاءِ قَالَ ◌َّى رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَنْ أَكْلِ الْمُكَثَّمَةِ وَهِىَ الَّتِيْ تُصْبَّرُّ بِالنَّلِ- (رواه الترمذى) 4088. Sayyiduna Abu Darda رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم forbade eating mujaththamah. It is the animal that is tied and made to stand as a target on which arrows are shot.2 COMMENTARY: The definition of mujaththamah in the hadith is in the words of a narrator. The foolish and merciless people bound animals and birds and used them for target practice. Shari'ah (divine law) forbids this deed as also the meat of the animal that is targeted in this manner. The reason is that such an animal is not slaughtered according to Shari'ah (divine law), so its meat is unlawful. THE ANIMALS THAT ARE FORBIDDEN TO EAT (٤٠٨٩) وَعَنَ الْعِرْبَاضِ بْنِ سَارِيَةً أَكَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ◌َى يَوْمَ خَيْبَرَ عَنْ كُلِ ذِئْ نَابٍ مِنَ السَِّّاءِ وَعَنْ كُلِّ ذِى مِخْلَبٍ مِنَ الطَّيْرِ وَعَنْ لُوْمِ الْحُمُرِ الْآَهْلِيَّةِ وَعَنِ الْمُكَثَّمَةِ وَعَنِ الْخُلِيْسَةِ وَاْ تُوْظَاً الْحُبَالِى حَتَّى يَضَّعُنَّ مَا فِي بُطُوُنِنَّ قَالَ مُحَمَّدُ بُنُّ يَحْبِى سُئِلَ أَبُوْعَاصٍِ عَنِ الْمُجَثَّمَةِ فَقَالَ أَنْ يُنْصَبَ الَّيْرُ آوِالشَّيْءُ فَيُرُفِى وَسُئِلَ عَنِ الْخُلِيْسَةِ فَقَالَ الذِّئْبُ أَوِ السَّبُعُ يُدْرِكُهُ الرَّجُلُ فَيَأْخُذُ مِنْهُ فَيَمُؤْتُ فِي يَدِهِ قَبْلَ آَ يُذَکِیھا۔(رواه الترمذى) İ 1 Tirmidhi # 1565 (1571), Abu Dawud # 3784. 2 Tirmidhi # 1473 (1478) 1 1 1 1 37 Translation & Commentary of MISHKATUL MASAABIH Vol.4 4089. Sayyiduna Irbad ibn Sariyah us & +, narrated that, on the day of Khybar, Allah's Messenger صلى الله عليه وسلم forbade every carnivorous beast with canine teeth (with a fang), every bird with a claw, flesh of domestic asses, the mujaththannah and the Khalisah. And (he forbade) sexual intercourse with pregnant slave women till they had given birth to their child. Muhammad ibn Yahya al , said that Abu Aasim a >, was asked about the mujaththamah. He said, "A bird or something (grazing animal) is tied up and used as a target. And he was asked about Khalisah. He said, "An animal, snatched by a man from a wolf or a beast of prey that dies before he can slaughter it." (Muhammad ibn Yahya alus, was the Shaykh and teacher of Imam Tirmidhi aves, and he was one of the narrators of hadith. Abu Aasim atus, was his teacher.)1 COMMENTARY: The day of Khaybar refers of the year in which khaybar was conquered. Or, it could refer to the time when it was conquered. Or it might refer to the days when the jihad was going on. The beast that the Prophet ,,lean . forbade have carnine teeth with which they tear open their pray. They include the lion, wolf, cheetah (panther or a small leopard), bear, monkey, pig. Fox and badger (hyena). Some authorities say that if the ox and badger are not carnivous then their meat is lawful (to eat). The birds with claws hunt with their feet. They include the hawk, sea hawk or falcon, hyena, bat or owl, eagle, vulture, etc. The domesticated asses are those that frequent human habitation. The meat of wild asses is lawful to eat. Before this disallowance, the meat of domesticated asses was permitted. Sexual intercourse was forbidden with pregnant female captives. It was not allowed with other female captives till they experienced their first menstruation. DISALLOWED TO CONSUME SHARITAH (٤٠٩٠) وَعَنِ ابْنِ عَبَّاسِ وَآَنِيْ هُرَيْرَةَ آَكَّ رَسُولَ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ تَّى عَنْ شَرِيْطَةِ الشَّيْطَانٍ زَادَ ابْنُ عِيْنِى هِىَ الذَّيِحَةُ يُقْطَعُ مِنْهَا الْجِلْدُ وَلَا تُفْرَى الْأَوْدَاءُ ثُمَّ تُتُرِكُ حَتَّى تَمُؤْتَ- (رواه ابوداؤد) 4090. (Sayyiduna) Ibn Abbas رضى الله عنه and Abu Hurayrah رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم forbade the Sharitah of the devil. Ibn Easa (a sub narrator) said further that it is to slit the animal's hide (above the jugular vein) and not to sever the jugular vein and to leave it till it dies.2 COMMENTARY: During the jahiliyah (ignorance period), the idolaters caused an animal such cruelty so that it went through severe pain before it died. It is called Sharitah because it is from the word shart ($) meaning 'incision' or 'scarification'. Shart also means 'a mark.' It is ascribed to the devil because he is the one behind this savage act. He feels elated when any one slaughters in this manner. THE EMBRYO & ITS MOTHER (٤٠٩١-٤٠٩٢) وَعَنْ جَابِرٍ أَكَّ النَّيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ ذَكَاءُ الْجَنِيْنِ ذَكَاءُ أُقِهِ (رَوَاهُ أَبُوُدَاؤُدَ 1 Tirmidhi # 1474 (1579) 2 Abu Dawud # 2816. Vol.4 Translation & Commentary of MISHKATUL MASAABIH 38 وَالدَّارِمِيُّ) وَرَواهُ التِّرْمِذِىُّ عَنْ آَبٍ سَعِيْدٍ. 4091. Sayyiduna Jabir رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "When the mother is slaughtered, its unborn offspring is (also) including in the slaughter."1 4092. Sayyiduna Abu Sa'eed narrated the same hadith.2 COMMENTARY: While Imam Shafi'I als, holds that is lawful to eat the unborn whether it has grown hair or not, Imam Maalik ales, said that it will be lawful to eat the unborn offering only if it has developed the physical structure, and hair have grown on its body. Imam Abu Hanifah als, said that it is not lawful to eat this urborn child unless it is alive in its mother's womb, then it may be eaten after slaughtering it. Of the Hanafis, Imam Zufar atus, and Imam Hasan ibn Ziyad als, hold the same opinion. Their argument is that the Prophet صلى الله عليه وسلم disallowed eating game that fell into water after being struck and was retrieved dead, because it could not be ascertained whether the unborn died when its mother was slaughtered or because of suffocation. Also, Imam Abu Hanifah als, said that it is debatable whether this hadith is sahih or not. (٤٠٩٣) وَعَنْ أَبِئْ سَعِيْدِ نِ الْخُدْرِيِّ قَالَ قُلْنَا يَا رَسُولَ اللَّهِ تَنْحَرُ النَّاقَةَ وَتَذْبَعُ الْبَقَرَّةَ وَالشَّاةَ فَنَجِدُ فِى بْنِهَا الْجَنِيْنَ أَنْلْقِيْهِ أَمْ تَأْكُّهُ قَالَ كُلُوُهُ إِنْ شِئْتُمْ فَإِنَّ ذَكَاتَهُ ذَكَاةُ أُقِهِ (رواه ابوداؤد وابن ماجة) 4093. Sayyiduna Abu Sa'eed Khudri usa+, narrated that they asked, "O Messenger of Allah, we sacrifice a she camel and slaughter a cow and goat. It happens that we find in its womb an urborn offspring. Shall we throw it away or eat it?" He said, "You may eat it, if you wish because slaughtering its mother amounts to slaughtering it."3 COMMENTARY: This hadith has the same comments as the preceding. NEHR & SLAUGHTER: We have stated earlier that slaughter is of two kinds: the voluntary or by choice, and the necessary or driven by compulsion. The voluntary too has (نحر وذبح) two aspects: nehr and dhabh Nahr is to strike a spear in the hollow of the throat, near the breast bone of a camel. It is mustahab (desirable) to use this method for the camel though dhabh is also allowed, but with a dislike. Dhabh, is to cut the veins of the animal. The veins that are cut in this case are four. They are: narkharah or hulqum (the windpipe), mari (the gullet). Waridan or wadajan (the two jugular veins) to the left and right of narkharah. The cutting of these four veins is dhabh in Shari'ah (divine law), even if three of these four are cut off, the dhibh is correctly performed, and it is lawful to eat the meat of this animal. But, if only two veins are cut then the animal is carrion and it is unlawful to eat its meat. Just as it is musthab to make nahr for camels, it is mustahab (desirable) to resort to dhabh for cows and sheep, but nahr is also allowed with a dislike. If anyone slaughters a sheep or any animal at the nape and it remained alive till it veins were cut by him then it is allowed to eat its meat but it is disliked because this is not a 1 Abu Dawud # 1828, Darimi # 1979. 2 Tirmidhi # 1476. 3 Abu Dawud # 2827, Ibn Majah # 3199. ! 1 . Vol.4 Translation & Commentary of MISHKATUL MASAABIH 39 sunnah (Holy Prophet's practice) method. If the animal died before the veins could be cut then it is disallowed to eat its meat. If anyone slaughters an animal, like a hen and takes the knife right up to the care be llum, cut ting its head, then it is allowed to eat its flesh. It is allowed to eat its flesh. It is not mukruh (disliked). But, if he overdoes it and separates its head then it is makruh (disapproved). DISALLOWED TO KILL ANIMAL OR BIRD UNNECESSARILY (٤٠٩٤) وَعَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍ وابْنِ الْعَاصِ آَكَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مُنْ فَتَلَ حُصْفُوْرًا فَمَا قَوْقَهَا بِخَيْرِ حَقِّهَا سَأَلَهُ اللهُ عَنْ قَتْلِهِ قِيْلِ يَا رَسُولَ اللَّهِ وَمَا حَقُّهَا قَالَ أَنْ يَذْبَجْهَا فَيَا كُلَهَا وَلَّا يَقْطَةَ دَأُسَھا فیریی پھا۔(رواه احمد والنسائى والدانمى) 4094. Sayyiduna Abdullah ibn Amr ibn Aas wca+, narrated that Allah's Messenger sledo said, "If anyone kills a sparrow or any bird or animal (smaller or) greater than it for no reason (whatsoever) then Allah will question him about killing it (unnecessarily)." He was asked, "O Messenger of Allah, what is reasonable (in this matter)" He said, "It should be slaughtered (at the throat as in dhabh) and eaten. But, its head should not be severed and thrown apart."1 COMMENTARY: Islam teaches us that every creature in this wide universe of Allah has a right to survive and protect its life, be he the noblest of the creatures - man - or an animal. Just as it is a grave sin to kill a human being, so too it is most unreasonable and extremely merciless to take the life of an animal. If Allah the Omnipotent, has given man power and subjugated the animals to him, it does not follow that he must make it his pastime to hurt and kill them. If he slaughters or hunts the animal whose meat Allah has made lawful for him and eats it then he uses his authority in a permitted manner. But, if he plays with the life of an animal only to enjoy and does not use its flesh but throws it away, then he uses his authority in a wrong, disallowed way and shows cruelty to a living creature. As the hadith says, for this deed, he will be answerable to Allah. On the day of resurrection, Allay will punish him for that. Ibn Maalik ales, said that in the light of this hadith, it is makruh (disapproved) to kill an animal for any reason other than its meat for eating. Other scholars say that the dislike is to the point of being unlawful This is why the Prophet , a disallowed the killing of such animals as are not eaten, or whose meat is not lawful, as we shall see later. Teebi alas, said that the right of an animal is attached to deriving benefit from it just as it is to violate an animal's right when its head it cut off and thrown away. This is what this hadith disallows: 'Its head should not be severed and thrown apart.' ANYTHING CUT OFF FRO A LIVING ANIMAL IS DEAD (٤٠٩٥) وَعَنْ آَبٍ وَاقِدِ اللَِّهِيِّ قَالَ قَدِمَ النَّبِىُّ عَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الْمَدِيْنَةَ وَهُمْ يُِّيُّونَ أَسْتَمَّةَّ الإِبِلِ وَيَقْطَّعُوْنَ آلَيَاتِ الْغَنَّمِ فَقَالَ مَا يُقْطَعُ مِنَ الْتَهِيْمَةِ وَهِىَ حَيَّةٌ فَهِىَ مَبْتَةٌ لَّا تُؤْكُلُ(رواه الترمذى وابوداؤد) 1 Nasa'i # 4445, Musnad Ahmad.2-166.