Monday, July 19, 2010

Animals

ANIMALS:

5:1 - O ye who believe! fulfil (all) obligations. Lawful unto you (for food) are all four-footed animals with the exceptions named: but animals of the chase are forbidden while ye are in the Sacred Precincts or in pilgrim garb: for Allah doth command according to His Will and Plan. 682 683 684 685

683 That is, the exceptions named not only in the Qur-an but in the Sunnah as well. See v. 3 below. (5.1)

684 Cf. v. 94-96. Hunting and the use of game are forbidden "while ye are hurumun," i.e., while ye are (1) in the Sacred Precincts, or (2) in the special pilgrim garb (ihram), as to which see n. 212, ii. 196. In most cases the two amount to the same thing. The Sacred Precincts are sanctuary both for man and beast. (5.1)

5:2 - O ye who believe! violate not the sanctity of the Symbols of Allah nor of the Sacred Month nor of the animals brought for sacrifice nor the garlands that mark out such animals nor the people resorting to the Sacred House seeking of the bounty and good pleasure of their Lord. But when ye are clear of the Sacred Precincts and of pilgrim garb ye may hunt and let not the hatred of some people in (once) shutting you out of the Sacred Mosque lead you to transgression (and hostility on your part). Help ye one another in righteousness and piety but help ye not one another in sin and rancor: fear Allah: for Allah is strict in punishment. 686 687 688 689 690

688 The immunity from attack or interference extended to the animals brought as offerings for sacrifice and the garlands or fillets or distinguishing marks which gave them immunity. They were treated as sacred symbols. And of course every protection or immunity was enjoyed by the Pilgrims. (5.2)

5:3- Forbidden to you (for food) are: dead meat blood the flesh of swine and that on which hath been invoked the name of other than Allah that which hath been killed by strangling or by a violent blow or by a headlong fall or by being gored to death; that which hath been (partly) eaten by a wild animal; unless ye are able to slaughter it (in due form); that which is sacrificed on stone (altars); (forbidden) also is the division (of meat) by raffling with arrows: that is impiety. This day have those who reject faith given up all hope of your religion: yet fear them not but fear Me. This day have I perfected your religion for you completed my favor upon you and have chosen for you Islam as your religion. But if any forced by hunger with no inclination to transgression Allah is indeed Oft-Forgiving Most Merciful. 691 692 693 694

691 Cf. ii. 173 and nn. 173 and 174. The prohibition of dead meat, blood, the flesh of swine, and that on which other names than that of Allah have been invoked, has been there explained. (5.3)

692 If an animal dies by strangling, or by a violent blow, or a headlong fall, or by being gored to death, or by being attacked by a wild animal, the presumption is that it becomes carrion, as the life-blood is congealed before being taken out of the body. But the presumption can be rebutted. If the life-blood still flows and the solemn mode of slaughter (zabh in the name of Allah is carried out, it becomes lawful as food. (5.3)

693 This was also an idolatrous rite, different from that in which a sacrifice was devoted to a particular idol or a false god. (5.3)

6:38 – There is not an animal (that lives) on the earth nor a being that flies on its wings but (forms part of) communities like you. Nothing have We omitted from the Book and they (all) shall be gathered to their Lord in the end. 859

859 "Animals living on the earth" include those living in the water, - fishes, reptiles, crustaceans, insects, as well as four-footed beasts. Life on the wing is separately mentioned. "Tair," which is ordinarily translated as "bird," is anything that flies, including mammals like bats. In our pride we may exclude animals from our purview, but they all live a life, social and individual, like ourselves, and all life is subject to the Plan and the Will of God. In vi. 59 we are told that not a leaf falls but by His Will, and things dry and green are recorded in His Book. In other words they all obey His archetypal Plan, the Book which is also mentioned here. They are all answerable in their several degrees to His Plan ("shall be gathered to their Lord in the end"). This is not Pantheism: it is ascribing all life, activity, and existence to the Will and Plan of God. (6.38)

22:34 - To every people did We appoint rites (of sacrifice) that they might celebrate the name of Allah over the sustenance He gave them from animals (fit for food) but your Allah is one Allah: submit then your wills to Him (in Islam) and give thou the Good News to those who humble themselves 2810 2811

2810 This is the true end of sacrifice, not propitiation of higher powers, for Allah is One, and He does not delight in flesh or blood (xxii. 37), but a symbol of thanksgiving to Allah by sharing meat with fellow-men. The solemn pronouncement of Allah's name over the sacrifice is an essential part of the rite. (22.34)

2811 The good news: i.e. the Message of Allah, that He will accept in us the sacrifice of self for the benefit of our fellow-men. (22.34)

22:36 - The sacrificial camels we have made for you as among the Symbols from Allah: in them is (much) good for you: then pronounce the name of Allah over them as they line up (for sacrifice): when they are down on their sides (after slaughter) eat ye thereof and feed such as (beg not but) live in contentment and such as beg with due humility: thus have we made animals subject to you that ye may be grateful. 2813 2814

2813 See n. 2808 to xxii. 33 above. What was expressed in general terms is applied here more particularly to camels, the most precious and useful animals of Arabia, whose mode of slaughter for sacrifice is different from that of smaller animals: the special word for such sacrifice is Nahr (cviii.2). (22.36)

24:45 - And Allah has created every animal from water: of them there are some that creep on their bellies; some that walk on two legs; and some that walk on four. Allah creates what He wills: for verily Allah has power over all things. 3021 3022 3023

3022 The creeping things include worms and lowly forms of animal life as well as reptiles (like snakes), centipedes, spiders, and insects. Where these have legs they are small, and the description of creeping or crawling is more applicable to them than that of walking. Fishes and sea-animals generally cannot be said to walk: their swimming is like "creeping on their bellies". Two-legged animals include birds and man. Most of the mammals walk on four legs. This includes the whole of the animal world. (24.45)

3023 In Allah's Will and Plan, the variety of forms and habits among animals is adapted to their various modes of life and stages of biological development. (24.45)

See:

Al-Muwatta Hadith
Hadith 20.52

Situations when Ihram Not Obligatory for Garlanding Sacrificial Animals

See: Sahih Al-Bukhari Hadith
Hadith 3.668 Narrated by
Abaya bin Rafaa bin Raft bin Khadij

See: Fiqh-us-Sunnah
Fiqh 5.47a

Killing the Five Vicious Animals and Others that are Harmful

'Aishah reported that the Prophet (peace be upon him) said: "Five of the animals are vicious and they may be killed in the sacred precincts of Haram: the crow, the kite, the scorpion, the mouse, and the ravenous dog. This is reported by Muslim and Bukhari, who added "(and) the snake."

See: Fiqh-us-Sunnah
Fiqh 3.39

Zakah on Animals

There are authentic ahadith explicitly indicating that camels, cattle, and sheep are subject to zakah. This enjoys the consensus. There are, however, some conditions to be met:

1. The animals concerned must attain a nisab.

2. They have to be in possession for one year.

3. They should have pastured by themselves -- that is, grazing most of the year in the available pasture.

Fiqh-us-Sunnah
Fiqh 5.109b

Sacrificial Animals

These are animals brought to the Haram, the Sacred Mosque, seeking the closeness and pleasure of Allah, Who says in the Qur'an (22.36), "The sacrificial camels We have made for you as among the symbols from Allah: in them is (much ) good for you: then pronounce the name of Allah over them as they line up (tor sacrifice) when they are down on their sides (after slaughter), eat you thereof, and feed such as beg with due humility: thus have We made animals subject to you, that you may be grateful. It is not their meat nor their blood, that reaches Allah: it is your piety that reaches Him."

'Umar said, "Sacrifice animals, for Allah loves sacrifice. The Prophet (peace be upon him) offered one hundred camels in sacrifice for the pleasure of Allah." This offering by him was supererogatory.

See:

Al-Muwatta Hadith
Hadith 23.7

Storing Meat from Sacrificial Animals

Yahya related to me from Malik from Abdullah ibn Abi Bakr that Abdullah ibn Waqid said, "The Messengerof Allah, may Allah bless him and grant him peace, forbade eating the meat from sacrificial animals after three days."…..

Al-Muwatta Hadith
Hadith 36.37

Judgement on Animals Grazing on Other People's Crops and Animals Stolen from the Herd

Yahya related to me from Malik from Ibn Shihab from Haram ibn Sad ibn Muhayyisa that a female camel of al-Bara ibn Azib entered the garden of a man and it did some damage to it. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the people of the garden were responsible for guarding it in the day, and the owner of the animals was liable for what the animals destroyed at night.

Sahih Al-Bukhari Hadith
Hadith 3.684 Narrated by
Abaya bin Rifaa

My grandfather, Rafi bin Khadij said, "We were in the valley of Dhul-Hulaifa of Tuhama in the company of the Prophet and had some camels and sheep (of the booty). The people hurried (in slaughtering the animals) and put their meat in the pots and started cooking. Allah's Apostle came and ordered them to upset the pots, and distributed the booty considering one camel as equal to ten sheep. One of the camels fled and the people had only a few horses, so they got worried. (The camel was chased and) a man slopped the camel by throwing an arrow at it. Allah's Apostle said, 'Some of these animals are untamed like wild animals, so if anyone of them went out of your control, then you should treat it as you have done now.' " My grandfather said, "O Allah's Apostle! We fear that we may meet our enemy tomorrow and we have no knives, could we slaughter the animals with reeds?" The Prophet said, "Yes, or you can use what would make blood flow (slaughter) and you can eat what is slaughtered and the Name of Allah is mentioned at the time of slaughtering. But don't use teeth or fingernails (in slaughtering). I will tell you why, as for teeth, they are bones, and fingernails are used by Ethiopians for slaughtering. " (See Hadith 668)

Al-Muwatta Hadith
Hadith 25.13

Prohibition Against Eating Animals with Fangs.

Yahya related to me from Malik from Ibn Shibab from Abu Idris al-Khawlani from Abu Tha~laba al-Khushani that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is haram to eat animals with fangs "

Fiqh-us-Sunnah
Fiqh 1.7

Dead animals of the sea and dead locusts

Ibn 'Umar reported that the Messenger of Allah said, "Two types of dead animals and two types of blood have been made lawful for us. The types of dead animals are seafood and locusts. The two types of blood are the (blood of the) liver and the spleen."

This is related by Ahmad, ash-Shaf'i, al-Baihaqi and adDaraqutni. The hadith is weak, but Imam Ahmad says that it is authentic in mauqoof form. Abu Zar'ah and Abu Hatim have said the same. Such a report has the implication of a marfu' hadith because a companion saying, "This was allowed for us" or "This was forbidden for us" is like one of them saying, "We were ordered to do this," or "We were forbidden to do this," and so on. (Such statements are considered marfu' with respect to their regulations). And we have already mentioned the Prophet's statement concerning the ocean, "Its water is pure and its 'dead animals' are allowable (to eat.)."

See: Dead animals of the sea and dead locusts

Ibn 'Umar reported that the Messenger of Allah said, "Two types of dead animals and two types of blood have been made lawful for us. The types of dead animals are seafood and locusts. The two types of blood are the (blood of the) liver and the spleen."

This is related by Ahmad, ash-Shaf'i, al-Baihaqi and adDaraqutni. The hadith is weak, but Imam Ahmad says that it is authentic in mauqoof form. Abu Zar'ah and Abu Hatim have said the same. Such a report has the implication of a marfu' hadith because a companion saying, "This was allowed for us" or "This was forbidden for us" is like one of them saying, "We were ordered to do this," or "We were forbidden to do this," and so on. (Such statements are considered marfu' with respect to their regulations). And we have already mentioned the Prophet's statement concerning the ocean, "Its water is pure and its 'dead animals' are allowable (to eat.)."

See:

Fiqh-us-Sunnah
Fiqh 1.7b

Bones, horns, claws, fur, feathers, and skin and so on of dead animals

Fiqh-us-Sunnah
Fiqh 5.63a

Sacred Precincts of Madinah (Haram Madinah)

In the Sacred Precincts of Madinah killing a game and cutting its trees is prohibited as it is in the case of Haram Makkah. Jabir bin Abdullah reported that Allah's Messenger (peace be upon him) said: "Ibrahim (peace be upon him) made Makkah Haram (sacred), and I declare Madinah and what lies between its two black tracts Haram. No game (within this area) is to be killed, nor any adah - a thorny plant - growing therein is to be cut." (Muslim)

Fiqh-us-Sunnah
Fiqh 5.112b

Riding the Sacrificial Animals

It is permissible to ride and benefit from the sacrificial animals (e.g., camels or cows). Allah says in the Qur'an (22.33): "In them (i.e., animals) you have benefits for a term appointed. In the end their place of sacrifice is near the Ancient House."

Fiqh-us-Sunnah
Fiqh 5.116

Time of Shaving

A pilgrim may shave or cut his hair short right after throwing the first pebbles at Jamarah Al-Aqabah on the Day of Nahr - the 10th of Dhul-Hijjah. If, however, a pilgrim has with him animals to be slaughtered then he can shave or cut his hair short only after having slaughtered these animals.

Al-Muwatta Hadith
Hadith 31.63

What Is Not Permitted in the Sale of Animals

Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab said, "There is no usury in animals. There are three things forbidden in animals: al-madamin, al-malaqih and habal al-habala. Al-madamin is the sale of what is in the wombs of female camels. Al-malaqih is the sale of the breeding qualities of camels" (i.e. for stud).

Malik said, "No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash."

Malik said, "That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed

Al-Muwatta Hadith
Hadith 31.66

Selling Animals in Exchange for Meat

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al-Musayyab said, "Bartering live animals for dead meat is forbidden." Abu'z-Zinad said, "I said to Said ibn Musayyab, 'What do you think of a man buying an old camel for 10 sheep?' " Said said, "If he buys it to slaughter it, there is no good in it." Abu'z-Zinad added, "All the people (i.e. companions) that I have seen forbade bartering live animals for meat."

Abu'z-Zinad said, "This used to be written in the appointment letters of governors in the time of Aban ibn Uthman and Hisham ibn Ismail."

Sahih Al-Bukhari Hadith
Hadith 3.438 Narrated by
Jabir bin AbdullahI heard Allah's Apostle, in the year of the Conquest of Mecca, saying, "Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols." The people asked, "O Allah's Apostle! What about the fat of dead animals, for it was used for greasing the boats and the hides; and people use it for lights?" He said, "No, it is illegal." Allah's Apostle further said, "May Allah curse the Jews, for Allah made the fat (of animals) illegal for them, yet they melted the fat and sold it and ate its price."

Sahih Al-Bukhari Hadith
Hadith 3.520 Narrated by
Rafi bin Khadij

"There is no harm in hiring animals for a definite (fixed) period on the basis that one-third or one-fourth of the products carried by the animals is given to the owner of the animals."

Sunan of Abu-Dawood
Hadith 1577 Narrated by
Abdullah ibn Mu'awiyah al-Ghadiri

AbuDawud said: I read in a document possessed by Abdullah ibn Salim at Hims: Abdullah ibn Mu'awiyah al-Ghadiri reported the Prophet (peace be upon him) as saying: He who performs three things will have the taste of the faith. (They are:) One who worships Allah alone and one believes that there is no god but Allah; and one who pays the zakat on his property agreeably every year. One should not give an aged animal, nor one suffering from itch or ailing, and one most condemned, but one should give animals of medium quality, for Allah did not demand from you the best of your animals, nor did He command you to give the animals of worst quality.

Fiqh-us-Sunnah
Fiqh 1.12

Jallalah

Jallalah refers to an animal that eats the waste or flesh of other animals, such as camels, cows, sheep, chickens, geese, and so on. Ibn 'Abbas reported that the Messenger of Allah forbade the drinking of such animals' milk.

This hadith is related by "the five," except for Ibn Majah. At-Tirmidhi grades it as sahih. In one narration it states, "It is also prohibited to ride upon a jallalah. (Related by Abu Dawud.) 'Amr ibn Shu'aib related on the authority of his father, from his grandfather, that the Messenger of Allah prohibited the meat of domestic donkeys. As for the jallalah, he prohibited riding or eating them." (Related by Ahamad, an-Nasa'i and Abu Dawud.) If the jallalah animal is kept away from the other animals for some time and is given clean food to eat, then it becomes pure and is no longer called jallalah. If this is the case, it becomes permissible to eat, as the reason for its prohibition was the change it underwent due to eating filth, a state which would no longer be present.

Fiqh-us-Sunnah
Fiqh 4.70

Slaughtering Animals on the Graves

The Prophet, peace be upon him, forbade the slaughtering of animals at graves, which was practiced in the Days of Ignorance out of arrogance and self conceit in order to flaunt one's wealth

Sahih Al-Bukhari Hadith
Hadith 7.476 Narrated by
Salama bin Al Aqua

The Prophet said, "Whoever has slaughtered a sacrifice should not keep anything of its meat after three days."

Sahih Bukhari Hadith Subjects
Animals Slaughtered On 'Id-al-adha

1. The tradition of Al-Udhiya
B 7.453, B 7.454

2. The distribution of the meat of sacrificed animals
B 7.455

3. Sacrifices slaughtered
B 7.456

4. Meat is desired on the day of Nahr
B 7.457

5. Sacrifice should be offered on the day of Nahr
B 7.458

6. Slaughtering sacrifices at the Musalla-
B 7.459

7. The Prophet slaughtered two horned rams
B 7.460, B 7.461, B 7.462

8. "but it will not be sufficient for anybody else'
B 7.463, B 7.464

9. Slaughtering the sacrifice with one's own hands
B 7.465

10. Slaughtering sacrifice on behalf of others
B 7.466

11. Slaughtering sacrifice after the 'Id prayer
B 7.467

12. Slaughtering the sacrifice before the 'Id prayer
B 7.468, B 7.469, B 7.470

13. Putting one's foot on the side of the animal
B 7.471

14. Saying Takbir while slaughtering
B 7.472

15. Sending the Hadi to be slaughtered
B 7.473

16. What may be eaten of the meat of sacrificed animals
B 7.474, B 7.475, B 7.476, B 7.478, B 7.479, B 7.480

Sahih Bukhari Hadith Subjects
Animal Slaughtering and Hunting

1. Mentioning Allah's Name while hunting
B 7.384

2. The game killed by the Mi'rad
B 7.385

3. The game killed with the shaft of the Mi'rad
B 7.386

4. Hunting with a bow
B 7.387

5. Al-Khadhf
B 7.388

6. A pet dog
B 7.389, B 7.390, B 7.391

7. If a hound eats of the game
B 7.392

8. Catching the game days after hitting it
B 7.393

9. Finding another hound with the game
B 7.394

10. Hunting
B 7.395, B 7.396, B 7.397, B 7.398, B 7.399

11. Hunting on mountains
B 7.400

12. 'Lawful to you is the pursuit of sea-game
B 7.401, B 7.402

13. The eating of locusts
B 7.403

14. Eating dead flesh
B 7.404, B 7.405

15. Mentioning Allah's Name on slaughtering
B 7.406

16. Slaughtering in the name of idols
B 7.407

17. "So slaughter in the Name of Allah"
B 7.408

18. Instruments causing blood to gush out
B 7.409, B 7.410, B 7.411

19. Animals slaughtered by a lady
B 7.412, B 7.413

20. Not to slaughter with a tooth, bone or nail
B 7.414

21. Animals slaughtered by bedouins
B 7.415

22. Animals slaughtered by the people of the Scripture
B 7.416

23. Domestic animals that run away
B 7.417

24. The Nahr and the Dhabh
B 7.418, B 7.419, B 7.420

25. Al-Muthla, Al-Masbura and Mujaththama
B 7.421, B 7.422, B 7.423, B 7.424, B 7.425

26. The meat of chickens
B 7.426, B 7.427

27. Horse flesh
B 7.428, B 7.429

28. Donkey flesh
B 7.430, B 7.431, B 7.432, B 7.433, B 7.434, B 7.435, B 7.436, B 7.437

29. The meat of beasts having fangs
B 7.438

30. The skin of animals
B 7.439, B 7.440

31. Musk
B 7.441, B 7.442

32. The rabbit
B 7.443

33. The mastigure
B 7.444, B 7.445

34. If a mouse falls into butter
B 7.446, B 7.447, B 7.448

35. Branding the faces
B 7.449, B 7.450

36. War booty
B 7.451

37. Shooting a runaway animal
B 7.452

38. Eating dead meat out of necessity

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