3.0 CHAPTER: VESSELS
Every vessel which is clean can be used even if it is expensive, except vessels made from gold or silver or plated with these two [materials]. Verily their use is forbidden even for females.
“Chapter on vessels”: Since water is liquid, a container is needed to hold it. It can be made o f steel or any material including skin or leather.
“Every vessel which is clean can be used even if it is expensive, except vessels made from gold or silver”: The forbidden materials for use as vessels are gold and silver. They are not to be used for holding water, boiling it or as pitchers to hold drinking water. Their use is forbidden for Muslims for purification or anything else. Any other material is allowed to be used as a vessel, praise be to Allah, even if it is an expensive material like diamond or emerald. This is because everything is permissible unless there is evidence to the contrary. There is evidence indicating the fact that gold and silver are haram. The Prophet(pbuh) said, “Do not drink from gold or silver vessels and do not eat from a platter made from these two. Verily it is for them (disbelievers) in this world and permissible for you in the Hereafter.”(Reported by al-Bukhari (7/99) and Muslim (6/134) from the narration of Hudhaifah ibn al-Yaman.) He(pbuh) also said, “Whoever drinks from a vessel made from gold or silver will indeed be dragged on his stomach in the Hellfire.”(Reported by al-Bukhari (7/146) and M uslim (6/134) from the narration of Umm Salamah.)
Hence gold and silver are totally forbidden. They are not even allowed to be made into a staff(It was said in al-Sihah: “A staff such as the cattle prod and its like. The prohibition is for one to make the staff with gold and silver for his personal use, not for trade.” (6/2467)) or an art piece due to the excess and arrogance this represents. This was also a practice of the disbelievers. It is not permissible to take a vessel made from gold or silver let alone use them. It is haram for both genders, although wearing jewellery made of these two substances is allowed for females.
“Or plated with these two [materials]”: This is an example to illustrate the prohibition. Any vessel containing something of these two materials is considered haram except if there is any evidence to the contrary.
Cleansing from it is valid. [It is forbidden on ornaments] except a sewing kit made of traces of silver used when there is a necessity.
“Cleansing from it is valid”: If an individual makes wudhu from a gold or silver
vessel, then it is valid as it fulfils all the criteria for validity and does not possess
properties that nullify it. However he is sinful for using it.
“Except a sewing kit made of traces of silver used when there is a necessity”: There is an exception to the prohibition in one situation: a sewing kit made of silver to fix vessels. Two nails or a strap (which makes up the sewing kit) is used to mend the hole in the vessel. This is permissible as was shown by the Prophet(pbuh). He mended his drinking cup with straps o f silver.(Reported by al-Bukhari (4/101) from the narration o f Anas.) The requirements for this are:
1. It must be a sewing kit.
2. It must be of silver and not gold. As the example of the Prophet specifically mentions silver.
3. It must have a small portion o f silver. If it contains a lot then it is forbidden.
4. It is used for a necessity (i.e. to mend the vessel) and not for adornment.
Unnecessary contact with the silver is disliked.
“Unnecessary contact with the silver is disliked’’: Although the sewing kit is permissible for use when there is a need, the lips coming into contact with the area fused with silver is disliked. This is in line with the general prohibition of using silver.
Vessels belonging to disbelievers are permissible even though their slaughtered meat is forbidden. Their clothes are permissible if their status is unknown.
“Vessels belonging to disbelievers are permissible even though their slaughtered meat is forbidden. Their clothes are permissible”: Indeed it is permissible as this is the basic rule. The Muslims came to own properties of the disbelievers during wars which included vessels. The Muslims made use of them as well. We have been importing vessels, clothes and manufactured goods from the disbelievers up to this day. It has never been mentioned anywhere that the Muslims used to wash these before using them. Similarly, they used to don the clothes of disbelievers without washing them. They did so only if the clothes had impurity on them. This is because the basic rule is that they are permissible. The human body, be it of a Muslim or disbeliever, is pure. What grows from it, like perspiration, saliva, hair, teeth and nails is also pure. What afflicts the disbeliever is an intangible impurity, the impurity of associating partners with Allah (shirk), not a tangible one.
“If its status is unknown”: Referring to the clothes, as the basic rule is ‘permissibility’. In some of his journeys, the Prophet(pbuh) used a water bag belonging to a polytheist woman to make wudhu. So in conclusion, the vessels belonging to the disbelievers whose meat is impermissible (e.g. the mushrikin) can be used without any reservations, just like those belonging to the Jews and Christians (whose meat is permissible).
And the skin of a carcass does not become pure due to tanning. However it is permissible for use after tanning is done on the dry skin of an animal which was pure before death.
The subject of the skin of carcasses needs more elaboration:
Firstly, the skin of an animal whose meat is not halal like a donkey or a dog, its skin should not be used as it is essentially impure. It does not attain purity by tanning or any other methods. The skin o f lions and snakes cannot be used even if tanned. They are essentially impure.
Secondly, if it is an animal whose meat is halal for consumption and it dies of something besides slaughter, then its meat is haram. Allah the Most High and Dignified says: {Forbidden to you is that which dies of itself.}(Al-Maidah: 3) This ayah includes the skin of the animals too as it is a part o f it. The author made an exception for tanned skin due to evidence from the hadith where the Prophet(pbuh) was reported to have seen a dead sheep being dragged and said, “Will you not use the skin?” The Companions said, “O Messenger of Allah! It is dead.” He replied, “It is purified by water and al-qaraz.(It is said in al-Lisdn: “Al-qaraz is a tree which is used in the tanning process. It is a leaf used in skin-tanning… Abu Hanifah says, ‘ Al-qaraz is the best substance used for tanning the skin in the Arab lands. Both the leaf and the fruit o f the tree is used in the tanning process.’” (7/454)) In this hadith he was referring to tanning. In another hadith the Prophet(pbuh) said, “Whenever skin is tanned, it becomes pure.”(Reported by M uslim (1/119), Abu Dawud (4123), al-Tirm idhl (1728) and al-N asal (7/173) from the narration o f A bdullah ibn Abbas.) This is evidence that the skin of a dead animal whose meat is halal for consumption, can be used after tanning. However, there is another hadith narrated by Abdullah ibn ‘Ukaym that the Prophet(pbuh) said: “Do not use the dead animal’s skin or sinews.”(Reported by Ahmad (4/310), Abu Dawud (4127), al-Tirmidhi (1729) and al-N asai (7/175) from the narration o f A bdullah ibn ‘Ukaym. )This hadith was reported during the latter part o f the Prophet’s life, hence it is the latest with regards to the issue of the skin of dead animals. If this hadith was authentic, it would abrogate the hadith allowing the use of tanned skin of the carcass.
However, this hadith is not authentic. Therefore it remains that the tanned skin of a carcass can be used.
This provides evidence to the purity of cattle skin (camel, cow and sheep) and that it is permitted for use when it is wet or dry, the author’s view notwithstanding. The correct opinion is that it is pure without exception as the Prophet(pbuh) has said, “It is purified by water and al-qaraz,” and his saying, “Whenever skin is tanned, it becomes pure.” In another hadith, the Prophet afe said, “Cauterising a dead animal’s skin is like tanning it.”(Reported by Ahmad (7/174) from the narration of Aishah.) Proving yet again the complete permissibility of using the skin of dead cattle.
“And the skin of a carcass does not become pure due to tanning”: This is in the madhab of Ahmad. However, as we have discussed, the skin of the cattle is tahur without a doubt.
The bones, milk and all other parts of an animal carcass are impure except the hair and other things similar. A portion [of flesh] from a live animal is like meat from a dead carcass.
“The bones, milk and all other parts o f an animal carcass are impure”: The focus now shifts from skin to the rest of the carcass. Its bones are najis as they are part of the carcass. This applies to all other parts of the carcass including the horns and its hooves. Allah the Most High and Dignified says: {Forbidden to you is that which dies of itself.}(Al-Ma’idah: 3) Those parts integral to sustaining the animal’s life becomes najis upon its death.
“Except the hair”: Hair is exempt from this prohibition as it is a part of the body that does not sustain the animal’s life.
“And other things similar”: For example, feathers of a bird. If it dies, its feathers can be taken for use as feathers are not integral to sustaining the bird’s life. However, an egg still within a chicken’s dead body is considered haram for consumption and it is najis as it is considered a part o f the dead chicken.
A portion [of flesh] from a live animal is like meat from dead carcass”: Exceptions would be the fish and locust which can be eaten without slaughtering according to Islam. The Prophet(pbuh) said, “It is permitted for us to eat two dead things: the fish and the locust.”(Reported by Ahmad (2/97) and Ibn Majah (3218) from the narration o f ‘A bdullah ibn Amr.) If a piece of flesh is torn from a locust whilst it is still alive, it is halal for even the dead locust is halal. The same applies to fish. The Prophet(pbuh) mentioned the aforementioned hadith because when he arrived at Madinah, he noted that the dwellers there cut off and ate pieces of flesh from animals that were alive. So he said in another narration, “Whatever is cut off of cattle which is alive, then that portion is like the meat of a carcass.”(Reported by Ahmad (5/218), Abu Dawud (2858), al-Tirmidhi (1480) from the narration of Abu Hurairah.)
By Shaykh Salih ibn Fawzan al-Fawzan
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