Darul Uloom Trinidad & Tobago

Question:

Asalaam alaikam mufti saheb I want to ask concerning income and dogs as soon there will be a guard dog looking after my house so i just need a few things masaail on these matters

1) in Bukhari it says the price of a dog is haram what’s the sharh of the hadith i ask because i know in the hanafi madhaab dogs can be sold for profit if its a working dog not as a pet can you kindly explain me this fatwa for me like is there any hadiths or athar of the sahabah allowing sale of a working dog or is this based on qiyas ?

2) in the uk if one is registered as a dog owner they can breed if they are licensed and they can basically hire the dog out to mate with another owners dog and you get paid money each time it mates but the problem is one cant be sure if the puppies are bought as pets or for guarding or farming is the money haraam?

3) in the hanafi madhaab is it haraam to buy and sell cats cause a hadith in one of the two sahihs forbids its price

4) what’s the ruling on poaching like killing animals for sport just to hunt them for sport and cut off their skin I’m asking as I’m confused about the meaning of the hadiths saying tan animal skins the hadith doesn’t mean you can just kill a animal and take their fur for fashion does it? Its just poachers are hunting most wild animals to extinction and use cruel and barbaric methods

I do apologize if there were too many questions I hope you don’t mind.

Answer:

Wa Alaikum As Salaam,

1. With respect to the Hadith recorded by Imams Bukhari and Muslim which states that the Prophet (s.a.w) prohibited from the price of a dog, and in another hadith by Muslim, which states that the Prophet (s.a.w) said, ‘The price of the dog is impure’, Imam Abu Hanifa and the scholars of the Hanafi Mazhab have given the following explanations:

a. The hadith of Muslim which states that the Prophet (s.a.w) said, ‘The price of a dog is impure (Khabeeth)’, this, as explained by Imam Abu Hanifa, does not mean Haram. In other words ‘Khabeeth’ (impure) as used in the hadith does not mean haram. It only means that it is not pure and that it is Makrooh. Imam Abu Hanifa has explained that the Prophet (s.a.w) also used the same word for the earnings of one who does cupping, however, no one says that the earnings of the cupper is haram. In this regard, the Prophet (s.a.w) said, ‘the earnings of a cupper is ‘Khabeeth’ (impure).’ None of the scholars have stated that here, Khabeeth means haram. (Mirqaat – Sharh Mishkat by Mulla Ali Qaari vol. 6 pg. 12. Faisal Publishers India 2006).

b. The hadith which states that the Prophet (s.a.w) ‘Prohibited from the earnings of the dog’, this, according to the Hanafi scholars refers to a prohibition which was given at a time when the Prophet (s.a.w) ordered that the dogs should be killed. At that time, using a dog was totally prohibited. After this, seeking benefit from a dog was allowed (in situations mentioned in other ahadith). It is also narrated that the Prophet (s.a.w) ordered a man to pay 40 dirhams for killing a hunting dog. The Prophet (s.a.w) ordered another to pay a ram for having killed a watchdog.

These narrations show that a value was applied to the hunting dog as well as the watchdog. Imam Abu Hanifa therefore, considered the sale of a dog which is beneficial to be permissible. (Mirqaat – Sharh Mishkat vol. 6 pg. 12).

2. Hiring the dog out to mate, to be paid money is not permissible. It is narrated from Abdullah bin Umar (R.A) that the Prophet (s.a.w) prohibited from the earnings of the copulation of animals. (That is, the earnings achieved when one hires his male animal to copulate with a female animal) (Recorded by Imam Bukhari).
In Umdatul Qari (commentary of Sahih Al Bukhari), the great scholar Allama Badrudeen Al Aini after quoting the hadith of Imam Bukhari which shows the prohibition of hiring the male animal to mate, writes: “Those who say it is Haram to sell the semen of the male animal or hire it out to mate with another dog, have used this hadith as an evidence. A large group of Sahabah including Ali and Abu Hurairah (R.A) hold this view, and this is the stance of most of the Jurists, like Imam A’uzai, Imam Abu anifa, Imam Shafi, Imam Ahmad and others.” (Umdatul Qaari – Kitabul Ijarah, Baab Asb Al Fahl).

The well known book of Islamic law and Jurisprudence Al Hidaya states, ‘It is not permissible to take the wage of ‘Asb At Tees’. ‘Asb At Tees’ is that a person hires out his male animal (stud) to jump on (i.e to copulate) with the female animal.’ (Al Hidaya – Chapter of Invalid hiring).

These narrations make it abundantly clear that hiring out the animal to mate with other animals is not permissible. The ruling is the same, whether the puppies will be pets, for guarding or farming. Monies achieved from this is haram.

3. With respect to cats, a hadith narrated by Jabir (R.A) states that the Prophet (s.a.w) prohibited from the earnings (price) of the dog and the cat. (Recorded by Imam Muslim).

As mentioned by the scholars of the Hanafi Mazhab, this prohibition refers to when there is no benefit in it, or it is a light nature of prohibition so that people will give the cats to others without charging for these (i.e they were encouraged to give these free), as it is well known among the people. If having cats is of benefit to people, then it is permissible to buy and sell these, and in this case, the earnings will be halal. This is the opinion of the overwhelming majority of scholars. (Mirqaat – Sharh Mishkaat vol. 6 pg. 15).

4. Killing animals for sport and just for the sake of hunting without the intention to use their meat, is totally haram. The Prophet (s.a.w) has strictly prohibited this. In one tradition, the Prophet (s.a.w) said, ‘Do not take anything (any animal) as a target (to shoot at) which has life in it.’ (Recorded by Muslim. Mishkaat Hadith # 4076).

When hunters hunt for the purpose of sport, they make animals their targets and shoot at them. In this tradition the Prophet (s.a.w) gave a clear order, prohibiting one from doing this. In another tradition, Abdullah bin Umar (R.A) narrates that the Prophet (s.a.w) cursed those who take as targets (to shoot at and kill), anything that has life in it.’ (Recorded by Bukhari and Muslim. Mishkaat Hadith # 4075). It means that the Prophet (s.a.w) has cursed those people who use animals and birds as their targets while hunting. While explaining these traditions, the great scholar, An Nawawi has written, ‘This prohibition (mentioned in these traditions) shows that it is haram to use animals, birds etc. as targets while hunting. This is tormenting and torturing of animals and destroying their lives. (Mirqaat – Sharh Mishkaat vol. 8 Pgs. 15,16 Faisal Publishers India 2006).

In another hadith narrated by Abdullah bin Amr (R.A), he says that the Prophet (s.a.w) said, ‘Whoever kills a bird or anything bigger than that without its right (without a just cause), Allah will hold him accountable for its killing on the day of judgement.’ It was asked, ‘O messenger of Allah! What is its right (or just cause).’ The Prophet (s.a.w) said, ‘its right (or just cause for killing) is that when it is slaughtered (or killed) it shall be eaten. (That is, it should be killed for the purpose of eating). And a person, must not cut off its head and throw it away.’ (Ahmad, Nasai, Ad Darimi – Mishkat Hadith # 4094).

While explaining the above traditions, the scholars have stated that these ahadith show the grave detestation for killing animals without the intention of eating them. The traditions show that the Prophet (s.a.w) has strictly prohibited killing animals when they are not for the purpose of eating. (Mirqaat – Sharh Mishkaat Vol. 8 Pg. 27 Faisal Publishers India 2006).

From these ahadith and explanations, it is clearly seen that in Islam, hunting for sport is prohibited. Muslims are allowed to hunt and kill animals of hunt when it is done for food.

As for tanning the skins of animals, this does not mean that one can kill an animal simply to get its skin. It means that when one has an animal’s skin after an animal has been killed/slaughtered for food, then one can tan the skin and use it for useful purposes.

And Allah Knows Best.

Mufti Waseem Khan.

21/2/2014