باب الآنية
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. وحكم المضبب بهما حكمهما إلا أن تكون الضبة يسيرة من الفضة، ويجوز استعمال سائر الآنية الطاهرة واتخاذها، واستعمال أواني أهل الكتاب وثيابهم ما لم تعلم نجاستها.
وصوف الميتة وشعرها طاهر. وكل جلد ميتة دبغ أو لم يدبغ فهو نجس.
وكذلك عظامها، وكل ميتة نجسة إلا الآدمي. وحيوان الماء الذي لا يعيش إلا فيه، لقول رسول الله صلى الله عليه وسلم في البحر: والطهور ماؤه الحل ميتته.
وما لا نفس له سائله إذا لم يكن متولداً من النجاسات
Sheikh Mashhoor explains, “Usually, the scholars place the vessels in the chapter of purification since the vessels are what hold or contain the water being used for purification.”
Sheikh Bilal Ismail explains, “General Rule: All utensils are permissible until proven otherwise.
This is a very important principle. The proof of this is the 29 ayah in Surah Baqarah where Allah says:
هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا ثُمَّ اسْتَوَىٰ إِلَى السَّمَاءِ فَسَوَّاهُنَّ سَبْعَ سَمَاوَاتٍ وَهُوَ بِكُلِّ شَيْءٍ عَلِيمٌ
It is He who created for you all of that which is on the earth. Then He directed Himself to the heaven, [His being above all creation], and made them seven heavens, and He is Knowing of all things.
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.
It is not lawful to use gold and silver utensils etc for purification or other uses (like for eating, washing etc).
Sheikh Bilal Ismail explains, “this is because, narrated Hudhaifa bin Al-Yaman: Allah’s Messenger ﷺ said:
لَا تَشْرَبُوا فِي آنِيَةِ الذَّهَبِ والْفِضَّةِ، وَلَا تَأْكُلُوا فِي صِحَافِهَا، فَإِنَّهَا لَهُمْ فِي الدُّنْيَا، وَلَكُمْ فِي الْآخِرَةِ
“Do not drink in silver or gold utensils, and do not eat in plates of such metals, for such things are for them (the disbelievers) in this worldly life and for you in the Hereafter.” [Agreed Upon]
This is a general ruling for males and females from among the Muslims alike.
The scholars of the 4 madhaib and the majority of the scholars are of the opinion that if one is not allowed to use such utensils for basic necessities like eating and drinking, then for sure using it for anything else will also be impermissible. Just like, if saying “uff” to the parents is not allowed, then for sure, striking them falls under a greater degree of impermissibility.
Using gold and silver to adorn the house or to hold other items based on the above ruling would be impermissible for the male and the female. The exception for this is given to the jewellery of the women.
It was narrated from Abu Musa al-Ash’ari that the Prophet ﷺ said:
أحل الذهب والحرير للإناث من أمتي وحرم على ذكورها
“Gold and silk have been permitted for the females of my ummah, and forbidden for the males.” [Ahmad, al-Nasa’i, al-Tirmidhi, Abu Dawood]
A minority number of scholars opined that gold and silver could be used for other purposes as long as it wasn’t used for eating and drinking. The safer opinion without doubts is the opinion of the majority of the scholars which deems it to be impermissible.
Sheikh Mashhoor exaplains, “It is impermissible (Haram) to use vessels of gold or silver for purification or even in general. This is by the consensus of the scholars. These vessels cannot be used for even possession or decoration.
Umm Salamah said: The Messenger of Allah ﷺ said,
الذي يشرب في آنية الفضة إنما يجرجر في بطنه نار جهنم
“Whosoever drinks in utensils of silver, in fact, kindles in his belly the fire of Hell.” [Agreed Upon].
The narration of Muslim is: “Verily, the person who eats or drinks in utensils made of gold and silver.”
The default is that all utensils are permissible to be used unless proven otherwise as is seen above. The question now arises regarding the status of the wudhu done using such impermissible vessels. The madhab and the majority says that it is Haram to use such vessels but the wudhu is valid. There is another narration within the madhab that the wudhu itself is invalid.”
وحكم المضبب بهما حكمهما إلا أن تكون الضبة يسيرة من الفضة، ويجوز استعمال سائر الآنية الطاهرة واتخاذها، واستعمال أواني أهل الكتاب وثيابهم ما لم تعلم نجاستها.
The ruling on vessels that were soldered with silver is that it is permissible for a need in small amounts. All other utensils which are pure and clean are permissible for the Ummah to use. The usage of the utensils of the Ahl Kitab and their garments are also permissible as long as we know that there is no impurity in it.
Sheikh Bilal Ismail explains, “Narrated Anas bin Malik: When the cup of the Prophet ﷺ got broken, he fixed it with a silver wire at the crack [Bukhari].
There is more room or a higher concession is given in the cause of the usage of silver.
What if a person makes wudhu from a container of gold? Majority of the scholars and an opinion from the Madhab of Imam Ahmad states that the wudhu is valid but the person is sinful for using this vessel.
Another narration from Imam Ahmad likens this action to a person who prays on a land that has been acquired by impermissible means and that salah is invalid. Why? Ibadah is used to get close to Allah and if this is mixed with that which is haram then it invalidates that act of worship as well.
The clothing and vessels of the Ahl Kitab are permissible to use as long as no impurity is seen from it.
Narrations in Sahih al-Bukhari narrate how the Prophet ﷺ used to accept the invitations from the Jews. In the Musnad of Imam Ahmad we have narrations from the companions who narrate that they used to get war booty from the battle which included cups and plates which they used and there was no issue with it.
Narrated Imran bin Husain: The Prophet and his Companions performed Wudhu (ablution) from a skin water container belonging to a polytheist woman. [Agreed Upon].
This skin used to hold the water had become pure because it had undergone the tanning process.
The basic rule is that everything is Halal until proven otherwise and likewise pure until proven otherwise.”
Sheikh Mashhoor explains, “If one of the vessels was welded or repaired with small quantities of silver then that is allowed. But if gold is used, no matter what the quantity is, it is impermissible to be used to drink, eat, make wudhu etc.
Narrated Anas bin Malik: When the cup of Allah’s Apostle got broken, he fixed it with a silver wire at the crack. (The sub-narrator, ‘Asim said, “I saw the cup and drank (water) in it.”) [Bukhari]
It is permissible to use any other types of vessels which are pure and they can be possessed and utilised at home. It could be a metal which is even more precious than gold etc.
This prohibition doesn’t refer to those items which are merely coloured silver or golden. It refers to those utensils which are either coated with gold, silver or made by them.
Using the utensils and the clothes of the People of the Book is allowed as long as one is certain that there is no impurity involved with them.
Narrated Abu Tha’laba Al-Khushni: Narrated: I said “O Allah’s Messenger! We are living in a land inhabited by the people of the Scriptures; can we take our meals in their utensils?” He said,
“لَا تَأْكُلُوا فِيهَا، إِلَّا أَنْ لَا تَجِدُوا غَيْرَهَا، فَاغْسِلُوهَا، وَكُلُوا فِيهَا
“If you can get utensils other than theirs, do not eat in theirs, but if you cannot get other than theirs, wash them and eat in them” [Agreed Upon].
This refers to the utensils in which they have eaten in. The utensils and cloths manufactured by them are permissible.”
وصوف الميتة وشعرها طاهر. وكل جلد ميتة دبغ أو لم يدبغ فهو نجس.
The wool of dead animals and their hair is pure. Every hide of a non-slaughtered dead animal be it tanned or not is impure and likewise their bones.
Every dead body is impure.
The hair of all the animals are permissible except that of the dog and the pig. It is different to the hide of the cow etc as it is lifeless and does not cause pain when removed just like a human getting a haircut. The hide and the skin of animals like the cow etc cannot be just removed like that as it is directly attached to the animal.
Every hide of a non-slaughtered dead animal be it tanned or not is impure and likewise their bones. There are nearly 7 opinion on this matter.
One narration from Imam Ahmad and the position of the Hanbali school is that such a skin cannot be used unless it meets 2 conditions:
- The animal itself is a halal animal.
- The animal was slaughtered in a halal manner.
The proof of this is that was narrated that ‘Abdullah bin ‘Ukaym who said: “There came to us a letter from the Prophet ﷺ (saying):
أَنْ لاَ تَنْتَفِعُوا مِنَ الْمَيْتَةِ بِإِهَابٍ وَلاَ عَصَبٍ
‘Do not make use of the untanned skin and sinew of dead animals.’” [Sunan Ibn Majah, Musnad Imam Ahmad]
The authenticity of this hadith is questioned. Also بِإِهَابٍ, the scholars say that this is before undergoing the tanning process. Imam Tirmidhi narrates that Imam Ahmad before passing away changed his opinion from that of impermissibility to another opinion.
The middle opinion is that all halal animals, be they slaughtered Islamically or not, their hides and skins will be permissible to use after undergoing the tanning process. By this the skin of the lion, tiger, snakes, crocodile are impermissible to use.
Narrated Ibn Abbas: The Prophet ﷺ saw a dead sheep which had been given in charity to a freed slave-girl of Maimuna, the wife of the Prophet ﷺ . The Prophet ﷺ said,
هَلاَّ انْتَفَعْتُمْ بِجِلْدِهَا
“Why don’t you get the benefit of its hide?”
They said, “It is dead.” He replied,
إِنَّمَا حَرُمَ أَكْلُهَا
“Only to eat (its meat) is illegal.” [Bukhari]
Narrated Ibn Abbas: Narrated: Allah’s Messenger ﷺ said:
إِذَا دُبِغَ الْإِهَابُ فَقَدْ طَهُرَ
“When the skin is tanned it becomes purified.” [Muslim]. Al-Arba’a have the words: “Any skin that is tanned … ”
The Zahiris claim that any hide or skin is permissible to be used if it has undergone the tanning process.
Regarding the bones, if the animal was a Halal animal then it would be permissible to use it.
Sheikh Mashhoor explains, “The wool and hair of the dead animal, be it slaughtered in a permissible manner or not, is pure since it could be taken even when the animal was alive without harming it.
According to the madhab, every skin of a dead animal (not slaughtered Islamically) whether it was tanned or not is deemed najjis. Also if the animal is slaughtered in a permissible manner, then the skin is considered pure irrespective if it is tanned or not.
Another position says that for those animals that are Halal, even if the animal is not Islamically slaughtered, the skin is deemed pure if it is tanned.
Sheikh narrated the hadith of Ibn Abbas as mentioned above. As per the madhab though, it is not allowed to be used if the animal is found dead.
Similar is the case of the bone of such animals. Every dead body or the corpse is najjis. Anything which dies on its own without being slaughtered Islamically is najjis with the exception of the body of a human, those from the sea and those without blood (locusts, flies etc).
Narrated Abu Huraira: The Prophet ﷺ came across me in one of the streets of Madinah and at that time I was Junub. So I slipped away from him and went to take a bath. On my return the Prophet ﷺ said,
أَيْنَ كُنْتَ يَا أَبَا هُرَيْرَةَ
“O Abu Huraira! Where have you been?”
I replied, “I was Junub, so I disliked to sit in your company.” The Prophet ﷺ said,
سُبْحَانَ اللَّهِ، إِنَّ الْمُؤْمِنَ لاَ يَنْجُسُ
“Subhan Allah! A believer never becomes impure.” [Bukhari]”
وكذلك عظامها، وكل ميتة نجسة إلا الآدمي, و حيوان الماء الذي لا يعيش إلا فيه، لقول رسول الله صلى الله عليه وسلم في البحر: والطهور ماؤه الحل ميتته.
Every dead body is impure except the human, any type of animal that lives and dies in water.
Allah mentions in the Quran,
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ وَالْمُنْخَنِقَةُ وَالْمَوْقُوذَةُ وَالْمُتَرَدِّيَةُ وَالنَّطِيحَةُ وَمَا أَكَلَ السَّبُعُ إِلَّا مَا ذَكَّيْتُمْ وَمَا ذُبِحَ عَلَى النُّصُبِ وَأَن تَسْتَقْسِمُوا بِالْأَزْلَامِ ذَٰلِكُمْ فِسْقٌ
Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah , and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns, and those from which a wild animal has eaten, except what you [are able to] slaughter [before its death], and those which are sacrificed on stone altars, and [prohibited is] that you seek decision through divining arrows. That is grave disobedience. [Surah al-Maidah, Ayah3]
The dead body is not given ghusl because it is deemed impure. If it was impure in itself then it cannot become pure by doing ghusl just like giving a dog ghusl 20 times won’t make it pure. Human beings are pure by default. Allah mentions in the Quran,
وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنَاهُم مِّنَ الطَّيِّبَاتِ وَفَضَّلْنَاهُمْ عَلَىٰ كَثِيرٍ مِّمَّنْ خَلَقْنَا تَفْضِيلً
And We have certainly honored the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with [definite] preference. [Surah al-Isra, Ayah 70]
Narrated Abu Huraira: The Prophet ﷺ came across me in one of the streets of Madinah and at that time I was Junub. So I slipped away from him and went to take a bath. On my return the Prophet ﷺ said,
أَيْنَ كُنْتَ يَا أَبَا هُرَيْرَةَ
“O Abu Huraira! Where have you been?”
I replied, “I was Junub, so I disliked to sit in your company.” The Prophet ﷺ said,
سُبْحَانَ اللَّهِ، إِنَّ الْمُؤْمِنَ لاَ يَنْجُسُ
“Subhan Allah! A believer never becomes impure.” [Bukhari]
What about the kafir? The Kafir after death is also pure. Why? We are allowed to marry the women of Ahl Kitab. What Allah means by impurity of the kuffar is the impurity of their Aqeedah.
As for the water animals, it is narrated, Abu Huraira: Allah’s Messenger ﷺ said regarding the sea,
هُوَ اَلطُّهُورُ مَاؤُهُ, اَلْحِلُّ مَيْتَتُهُ
“It’s water is purifying and its dead (animals) are lawful (to eat).” [Al- Arba’a]
In the text it should be ‘هُوَ اَلطُّهُورُ ‘ and not ‘والطهور’
It was narrated that Jabir said: “The Prophet sent us with Abu ‘Ubaidah on a campaign. Our supplies ran out. Then we passed by a whale that had been cast ashore by the sea. We wanted to eat from it, but Abu ‘Ubaidah told us not to. Then he said: ‘We are the envoys of the Messenger of Allah for the sake of Allah, so eat. So we ate from it for several (15) days. When we came to the messenger of Allah we told him about that and he said:
إِنْ كَانَ بَقِيَ مَعَكُمْ شَىْءٌ فَابْعَثُوا بِهِ إِلَيْنَا
‘If you have anything left of it then send it to us.”‘ [Sunan an-Nasai]
وما لا نفس له سائله إذا لم يكن متولداً من النجاسات.
And that which does not have flowing blood and did not initiate from a place of filth are pure.
Sheikh Bilal explains, “Nafs (نفس) and Nifas which is the post partum bleeding after delivery are from the same root.
Narrated Abu Huraira: The Prophet ﷺ said,
إِذَا وَقَعَ الذُّبَابُ فِي شَرَابِ أَحَدِكُمْ فَلْيَغْمِسْهُ، ثُمَّ لِيَنْزِعْهُ، فَإِنَّ فِي إِحْدَى جَنَاحَيْهِ دَاءً وَالأُخْرَى شِفَاءً
“If a house fly falls in the drink of anyone of you, he should dip it (in the drink) and take it out, for one of its wings has a disease and the other has the cure for the disease.” [Bukhari]
Based on the above hadith, scholars made qiyas and said that those animals like spiders, locusts etc which don’t have flowing blood are not impure provided they did not emanate from something impure meaning it did not live, feed or come from impurity. This is the position of Imam Ibn Qudamah. Sheikh Bilal Ismail opines on the contrary that originating from impurity does not make the fly etc impure in and of itself.
Generally one cannot consume an animal that is found dead, but based on the hadith mentioned above, the animals of the sea are the exception to the rule.
So the exception to the rule of impurity includes:
a. Human beings
b. Animals from the seas and oceans
c. Animals that do not have flowing blood”
Sheikh Mashhoor explains, “If the sea animals wash dead ashore, then they can be consumed without any problem. But, if it is a land animal which is found dead then it is impermissible to consume them at any cost.
A confusion arises regarding the amphibians, which reside in the sea as well as the land, such take the ruling of the land animals. Other scholars opine that they take the ruling of sea animals. They base their opinion on the mention of Allah in the Quran,
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَّكُمْ وَلِلسَّيَّارَةِ وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا وَاتَّقُوا اللَّهَ الَّذِي إِلَيْهِ تُحْشَرُونَ
Lawful to you is game from the sea and its food as provision for you and the travelers, but forbidden to you is game from the land as long as you are in the state of ihram. And fear Allah to whom you will be gathered. [Surah al-Ma’idah, Ayah 96]
Another group of scholars wrote that the amphibians take the ruling based on where they live more, the land or in the sea.
Regarding the creatures who don’t have flowing blood, they are considered pure and not najjis. They become impermissible when they emanate from places of impurity like sewage etc.”
The following are notes transcribed based on the commentary of Umdatul Fiqh by Sheikh Bilal Ismail and Sheikh Mashhoor Muhammad al-Suhaibi.
