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Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

Chapter Regarding Utensils 4


Shaikh-ul-Islm Ibn Qudmah al-Maqdis writes:

"
"

and likewise, their bones (are Najis)

Meaning, just as the skins of dead animals are Najis, the bones of dead animals
are also Najis. Similar to the skin, unlike the hair, the bones are an essential
part of an animal. The proof for this can be found in the words of Allh :

He says, Who will give life to bones. [ 1 ]


Therefore it is clear that the bones are an essential part of an animal. If the
animal dies, the bones die and they come under the general prohibition
ordered in the Qurn:

Forbidden to you are: Al-Maytatah. [ 2 ]


This is further clarified by the following a adth, Raslullh said:

Breaking the bone of one who is dead is like breaking it when


he is alive. [ 3 ]
Now the question arises: What about derivatives from the skin and bones,
such as Gelatin from Pigs?
First of all what is Gelatin?
Gelatin is a protein obtained by boiling skin, tendons, ligaments, and/or bones
with water. It is usually obtained from cows or pigs.

Qurn [36:78] Srah Y-Sn yah # 78


Qurn [5:3] Srah al-Midah yah # 3
3 Jmi at-Tirmidh adth # 1480 it was graded as asan Nab ar-Rayah Volume # 4
Page # 317.
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Lesson # 15

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The original ruling is that anything that is a part of the skin or bones from a
pig is Najis. There is however a concept in the Ul al-Fiqh of Istilah
(). Istilah is explained by the great scholar of Islm, al-fidh Ibn alQayyim :
Based on this Ul (Istilah), alcohol is impure, even though its origin
is pure. If the reason for its being regarded as impure is no longer
present, then it is to be regarded as pure. This is the basis of Sharah
and the basis of reward and punishment. [ 4 ]
This principle is Ul is based upon the clear a adth reported by Imm
Muslim :

What an excellent food is vinegar. [ 5 ]


Since the origin of vinegar is wine, which is Najis, this principle shows that
when the reason for something being arm is no longer present, then that
item is not arm. Yet this principle should not be misused, the change has to
be such that it totally removes the essence of the original cause for
prohibition. This is why the anbilah restricted this Usl only to what is
documented in a Adth, from alcohol to vinegar. As for trying to change
other arm substances such as melting the bones and fat of Najis animals,
then this does not fall under the principle of Istilah, because of the clear
proof from the a adth. It was reported by both Imm al-Bukhr
and Imm Muslim on the authority of Jbir bin Abdullh
, he
heard Raslullh say on the day of the Fat al-Makkah while in Makkah:
Allh and His Messenger have forbidden the sale of alcohol, dead
meat, pigs and idols. It was said, Oh Raslallh , what do you
think of the fat taken from a dead animal which is used for caulking
ships, greasing animal skins and which people use to light their
lamps? He said, No, it is arm. Then Raslullh said, May
Allh curse the Jews, for Allh forbade them the fat, but they melted it
then they sold it and consumed its price. [ 6 ]
This is a very important a adth, and it is from the last era of the lifetime
of our beloved Prophet . This illustrates that this is an authentically
established order of Allh and His Messenger and it was not abrogated,
since this was after Fat al-Makkah. Unfortunately, many Muslims today are
following the footsteps of those who were destroyed and cursed from the past
nations. They thought they could simply change the name of an item by boiling
or melting it and that would make what was arm, all. Gelatin from a pig
has not changed to a level that it can no longer be considered as a part of a pig.
Alm al-Muwaqqin Volume # 2 Page # 14
a Muslim adth # 2051
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a al-Bukhr adth # 132 and a Muslim adth # 246
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Lesson # 15

Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

Some of the scholars of Islm used the concept of Istilah with regards to an
animal that falls into a large body of salt and dissolves to the extent that one is
no longer able to identify if that salt was ever an animal, but Gelatin is not
such. Unlike the case scenario with an animal falling in salt, the chemical
structure of Gelatin does not change enough to no longer be considered as a
part of a pig. Hence it is clear that Gelatin does not become pure having been
extracted from a pig and then boiled. This is the Ijtihd and fatwa of the
Lajnah ad-Dimah (the senior most body for fatawa in Saudi Arabia called the
Standing Committee) this fatwa was signed by the following eminent scholars
Shaikh AbdulAzz bin Bz, Shaikh AbdurRazzq Aff, Shaikh Abdullh bin
Ghadyn, Shaikh Abdullh bin Qad. [ 7 ]
It fact the anbilah also forbid human manipulation to be involved in
Istilah. This is based upon the following a Adth all reported by Imm
Muslim . Anas bin Mlik
said:
Raslullh was asked whether wine could be changed to be used
as vinegar. He said, No.
Hence wine that naturally changes into vinegar is perfectly fine but to deal
with alcohol and use that Najis substance to make vinegar is not acceptable.
This is also clear from what Ab alah
reported, he said:
Raslullh was asked about some orphans who had inherited
some wine. He said: Pour it out. He was asked, Could they
not make it into vinegar? He said, No.
Imm Ibn Qudmah al-Maqdis continues:



"



:

"


Everything dead is Najis, except for humans, and water
animals, who only live in water. This is due to the saying of
Raslullh upon the sea: Its water is a purifier and its
dead are all (lawful). And the corpse of a creature that
has no flowing blood, so long as it is not generated from
impure substances.

Fatwah Lajnah ad-Dimah Volume # 22 Page # 281

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Lesson # 15

The student of knowledge should take note at the dedication of Imm Ibn
Qudmah to sticking to the proofs. Even in this small matn
(summarized text in Fiqh), he has quoted many proofs from a Adth. The
ruling on all dead being Najis, is a general rule, which is established by the
Ijm of the scholars of Islm and the dall for this ruling is found in the
Qurn:

Forbidden to you are: Al-Maytatah. [ 8 ]


This is a general rule yet there are three exceptions that Imm Ibn Qudmah
points out:
1. A Dead Human Being:
A human Believer, male or female, alive or dead, is not Najis; even when in a
state of ritual impurity. The dall for this is the a adth, reported by Ab
Hurayrah
, that he was seen by Raslullh on one of the streets
of Madnah when he was junub. He slipped away to perform ghusl, and
Raslullh noticed when he was not there. When he came to him he said:
Where did you go, Oh Ab Hurayrah? He said: Oh Raslallh , you saw me
when I was junub and I did not want to sit with you until I performed ghusl.:
Raslullh said:

Verily, a believer is never Najis. [ 9 ]

There is a case principle that all things are pure until proven filthy. Hence all
humans in essence are pure. Death does not change this original state, this is
clear by the fact that we are ordered to perform Ghusl for the dead. If the dead
were Najis then Ghusl would not purify them, instead they would spread that
Najsah with the water that rolls off them. That is why washing a dead pig
would not purify it.
With regards to the Kfir, they are spiritually Najis due to their Kufr and
sometimes physically Najis due to not performing Ghusl, Istinja or Istijmr. Yet
due to the fact that they are human beings, in essence, they are pure, as all
humans are created pure.
2. The Creatures that Live in Water:
The clear proof for this has been quoted by Imm Ibn Qudmah in
the text of al-Umdah, it is the a adth where Raslullh said about
the sea:

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Qurn [5:3] Srah al-Midah yah # 3


a al-Bukhr adth # 276 and a Muslim adth # 556

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Lesson # 15

Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

"Its water is a purifier and its dead are all (lawful)." [ 10 ]


This would include ALL creatures from the ocean, sea, rivers and etc. The only
expectations would be those creatures that may not exclusively live in water,
meaning, they may hunt on land, such as crocodiles and alligators. Since they
hunt on land they will be considered as land predators.
3. A Dead Bloodless Animal
An explanation of the difference between an animal with blood and a
bloodless animal in Fiqh terms is necessary. In the earlier days of Islm,
animals were divided into two categories.
1. Animals with blood. This would be similar to what are labeled as
vertebrates today. All animals with following blood are included in this
category. This category would include fish, reptiles, amphibians, birds,
and mammals.
2. Animals without blood. This would be similar to what are labeled as
invertebrates today. All animals except for those in the Chordate
subphylum Vertebrata (fish, reptiles, amphibians, birds, and
mammals). These are animals in which blood does not circulate. This
includes insects, such as a fly.
Imm Ibn Qudmah says that the bloodless animals do not become
Najis due to death. The Dall for this can be found in the a adth where
Raslullh said about a fly:
If a fly falls into one of your containers [of food or drink], immerse it
completely before removing it, for under one of its wings there is
venom and under another there is its antidote. [ 11 ]
When a fly is dipped into water or food three times, then it is most likely to
die. The fact that Raslullh ordered us to dip the fly into the utensil three
times, irrespective of whether or not the fly dies, shows that the fly does not
become Najis by its death, and if it did, the Prophet wouldnt have ordered
us to dip it in our food and drink three times.
The only exception given to the dead bloodless animals are those creatures
that originate from filth, such as cockroaches or certain flies that are hatched
in excrements; for these type of insects are Najis in their origin, and therefore
Najis when they are dead.
Jmi at-Tirmidh adth # 377. Al-Bukhr, Ibn Khuzaymah, al-kim, Ibn azm and
ad-Daraqun all graded as a.
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a al-Bukhr adth # 3320
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Lesson # 15