January 2010 - Toronto, Canada: Precious Provisions

1 Precious Provisions
Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

January 2010 | Toronto, Canada
For more information on this notes compilation please email majd.scribes@gmail.com

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Table of Contents

Introduction ....................................................................................................................................................................... 4
Etiquettes of Eating ................................................................................................................................................ 5
Etiquettes of Drinking.......................................................................................................................................... 11
Section 1: Permissible and Impermissible Animals............................................................................................. 13
Category 1: Land Animals .................................................................................................................................... 13
Category 2: Sea Animals ....................................................................................................................................... 20
Category 3: Birds ................................................................................................................................................... 22
Category 4: Land Vermin ..................................................................................................................................... 23
Section 2: Slaugthering (Dhabh) ............................................................................................................................... 25
Three Categories of Permissible Animals ......................................................................................................... 25
Require slaughtering ................................................................................................................................... 25
May be hunted ............................................................................................................................................. 25
Eaten without slaughtering or hunting ..................................................................................................... 27
Condition of Slaugher .......................................................................................................................................... 28
Evidences for the Different Opinions ............................................................................................................... 31
Position 1 ...................................................................................................................................................... 31
Position 2 ...................................................................................................................................................... 34
Position 3 ....................................................................................................................................................... 34
Problems/Solutions Regards to Meat Issue ..................................................................................................... 38
Section 3: Miscellaneous Issues ................................................................................................................................ 40
The Status of Alcohol ........................................................................................................................................... 40
Opinion 1 ..................................................................................................................................................... 41
Opinion 2 ..................................................................................................................................................... 42
Chemical Changes ................................................................................................................................................. 43
Opinion 1 ..................................................................................................................................................... 43
Opinion 2 ................................................................................................ Error! Bookmark not defined.
Small amounts of impurities ...................................................................................................................... 45
Introduction: Fiqh of Clothing ........................................................................................................... 46
Section 4: Iiqh of Men's Clothing ...................................................................................................... 48
Men`s Awarh ........................................................................................................................................................ 48
Opinion 1 ..................................................................................................................................................... 49
Opinion 2 ..................................................................................................................................................... 50

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Silk and Gold ........................................................................................................................................................ 51
Wearing Ties? ...................................................................................................................................................... 51
Small amounts of gold or silver ......................................................................................................................... 52
Prohibited colors? ................................................................................................................................................ 52
Covering the head ................................................................................................................................................. 53
Issues of isbal ......................................................................................................................................................... 54
Minority position ......................................................................................................................................... 54
Majority position .......................................................................................................................................... 55
What exactly is a lihya? ........................................................................................................................................ 57
The Beard .............................................................................................................................................................. 56
Obligatory ..................................................................................................................................................... 59
Recommended (mustahab) ........................................................................................................................... 59
Etiquettes of the beard ........................................................................................................................................ 60
Other guidelines ................................................................................................................................................... 61
Imitating the opposite gender ................................................................................................................... 61
imitating other cultures .............................................................................................................................. 61
Imitating the clothes of the Prophet ................................................................................................................. 62
Israf VS Zuhd ....................................................................................................................................................... 63
Muraà VS Shuhra ................................................................................................................................................ 64
Section S: Iiqh of Women's Clothing ................................................................................................. 65
Modern dilemmas ................................................................................................................................................ 65
History of hijab legislation .................................................................................................................................... 67
Primary verses dealing with hijab ....................................................................................................................... 67
Benefits of hijab .................................................................................................................................................... 71
Requirements o women`s hijab ......................................................................................................................... 72
Evidences of jilbab ................................................................................................................................................ 74
Issues of niqab ....................................................................................................................................................... 75
Conclusion........................................................................................................................................................................ 77

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Allah mentioned two blessing of Jannah that are above all others: food and clothing. Allah tells Adam:

'In the garden vou will never go hungrv, feel naked...` [Ta-Ha: 118]
Allah has taken care of food and clothing for you. Everything is halah besides the very few
restrictions. It is Allah`s blessing. When one oI the Sahabah said he would give up meat, the
Prophet when he heard oI this said, '...it is one oI my sunnah to eat and to fast. I eat of the pure
oI what Allah has given me...
Shaiytan came and he enticed Adam and Huwa to eat haram. The consequences when tehy fell
prey to this was that their nakedness was exposed. The blessings of Allah diminishes when you
sin and so Adam and Huwa tried to cover themselves with whatever was available.
Allah says:

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

O ye Children of Adam! Let not Satan seduce you, in the same manner as He got your parents
out of the Garden, stripping them of their raiment, to expose their shame: for he and his tribe
watch you from a position where ye cannot see them: We made the evil ones friends (only) to
those without faith. |Al A`raI: 27|
From the very beginning, the thought and plan of Shaytan was to eat the haram and expose
nakeness.
We thank Allah for giving us such a perfect Shari ah that leaves no stone unturned and no facet
upon which light has not be shed. In each and every aspect of our live, Allah has told us what to
do, when to do it, and how to do it.
Etiquettes of Eating
The adab (etiquettes) of eating are not haram versus halal but rather what is preferred and what
is makruh.
Terms to understand:

Etiquettes vacillate between makruh and mustahab. Very few are actually wajib to do or haram
to avoid.
'Once the Prophet was sitting in the house of his wife Umm Salemah, when her son Umar b. Abi
Salamah ran in and started eating hastilv from all over the plate. The Prophet said, Oh
Ghulam' Mention Allahs name and eat with vour right hand, and eat from that which is close to
vou.` [Bukhari and Muslim]

Haram: it is a sin if the prohibition is done
Makruh: not a sin but should be avoided
Mubah
Mustahab: recommended to do
Wajib: must be done

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

1. Say BISMILLAH

Once the Prophet was sitting around a large plate of food and the sahabah were having a meal
when a Bedouin passed from a distance and diverted his course to come to the food. The
sahabah said he was walking in an unnatural manner as if he was being pushed. He reached for
the food and the Prophet stopped him with his right hand. The same happened with a girl and the
Prophet stopped him with his left hand. He said, 'Shavtan considers it permissible to eat food
over which bismillah has not been said and when he saw this food, he wanted it so he sent the
Bedouin to get it and when I stopped it he sent the little girl to get it. Wallahi, mv hand is in his
hand, and my hand is in her hand, and Shavtan is in their two hands.`
This hadith shows us that when we do not say bismillah, someone is free loading off our
food. When you do not say bismillah, you have a partner when you eat. We will never
know how (it is ilm al ghavb) but the food satisfied another entity as well. The key phrase:
the Shaytan considers it halal to eat food over which bismillah has not been said.

Should you forget to say bismillah and remember in the middle, say it anyways.

2. Eat with the RIGHT HAND

Eating with the right hand is one of the strongest etiquettes of eating and even becomes wajib.

Evidence from the hadith of Umar b. Abi Salamah (above). Also Once a munafiq (hypocrite)
was in the house of the Prophet and they were eating food. The Prophet observed the hypocrite
eating with his left hand and said, 'Ya fulan, eat with vour right hand.` The munafiq became
enraged and thought, 'Who is the Prophet to tell me what to do?` and he becamse arrogant and
said, 'I cannot eat with mv right.` The Prophet understood what was happening and dealt with
him in the wav he deserved and said, 'In that case, if vou cannot do it, vou should not do it.`
The mans right hand was then paralv:ed for the rest of this life and he could not raise his right
hand because of his arrogance.

Musnad Imam Ahmad: The Prophet said, 'Jerilv, the Shavtan eats with his left hand.` We do
everything which is pure and noble with the right hand: giving and accepting things, shaking
hands, etc.

It is clear that eating with the right hand is sunnah. Anas ibn Malik narrates that the Prophet ate
with three fingers. The scholars have differed over what three fingers are being mentioned but at
the end of the day, it is a trivial difference. The point is that the Prophet would eat with small
morsels.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Is it sunnah per se to eat with the fingers or to eat with the right hand even if
we use a utensil?

There is more reward in eating with the bare fingers. What use to be a sign of status is
no longer the case now as the use of utensils has become common practice and has lost
all connotations of snobbishness and its standard. There were no spoons or forks
during the Prophet`s time. However, he did use knives. It is reported in Sahih Muslim
that once the Prophet was eating meat and the adhan was called, so he picked up his
knife and eat the meat and went to pray without making wudu (again). Therefore, we
can safely state inshAllah that the sunnah is to use the right hand regardless of using
the bare fingers or utensils.

3. Eat form that which is CLOSE TO YOU

This, too, is learned from the hadith of Umar b. Abi Salamah (above). They use to eat from a
large common plate, and it is sunnah to eat from the portion of food that is closest to you.

Once the Propeht was invited to the house of an ansari, and he loved squash, and when the
squash around him finished, he began eating the squash around the plate until he finished it all.
When Anas ibn Malik saw this, he said that he never ceased to love squash. It appears that the
Prophet is eating from other portions of the plate.

How is this reconciled If you are in a situation and know that the host or people will not mind,
then it is not a problem to eat from other portions of the plate.

3. Eat from the CORNER of the Plate and not from the Centre

This applies to individual plates as well.

The Prophet said `when one of you eats, let him eat from the corners (sides) and leave the center
[meaning for the last] because barakah come down in the middle of the food.` In Islamic
science, baraqah refers to increasing the utility and usefulness of the product.

The Prophet is telling us that when Muslims sit down to eat, Allah`s barakah comes down in the
center of the food, and we want to leave as much there to increase the barakha.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

5. Eating TOGETHER from a Common Plate

Coming together and eating from on large plate is a sunnah that the Prophet always did.
However, we have completely forgotten this today. Hadith in Ibn Majah: The Prophet said, 'Eat
all of you together and do not break up. The blessing of Allah are with the famaah.`

This does not mean that eating separately is not allowed. Allah says:

It is no fault in the blind nor in one born lame, nor in one afflicted with illness, nor in yourselves,
that ye should eat in your own houses, or those of your fathers, or your mothers, or your
brothers, or your sisters, or your father's brothers or your father's sisters, or your mohter's
brothers, or your mother's sisters, or in houses of which the keys are in your possession, or in the
house of a sincere friend of yours: there is no blame on you, whether ye eat in company or
separately. But if ye enter houses, salute each other - a greeting of blessing and purity as from
Allah. Thus does Allah make clear the signs to you: that ye may understand. [An-Nur: 61]
6. WIPING the Plate and Fingers Clean

The Prophet said, 'When one of you eats, let him not wipe his hand until he licks what is on it or
it is licked for him.` |Bukhari| During the Prophet`s time, they would have cats in the house. So
the Prophet is saying that even if you give food to the cats, it is made use of. By analogy, the
same applies to the plate and utensils. It is a sign of being thankful to Allah for each and every
morsel of food.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

7. WASHING Hands Before and After Eating

The Prophet said, 'Making barakh for food requires doing wudu (washing hands before and
after it).` [Tirmidhi]

8. Not WASTING FOOD, Even if dropped

The Prophet said, 'If a morsel of food falls on the ground as vou are eating, pick it up and wipe
awav the dust and eat it, and do not leave it for Shavtan.` [Muslim]

From this hadith we learn:
1. Be grateful to Allah for every morsel that even if it falls.
2. When the food falls down, only one layer of it is touched the ground and 99.9% of it is
not touched. If you leave it, then Shaytan can come and eat it, and we do not want
Shaytan to eat of our food because when the Shaytan eats of our food, we are inviting
him in and empowering him.

9. Being GENEROUS With Your Food

The Prophet said, 'When one of vou cooks meat, increase the broth and then gift it to vour
neighbours.` [At Tabarani]

In another hadith. 'When vou show vour generositv to others, Allah will show His generosity to
vou.`

In another hadith. 'The food of one person should suffice for two, and the food of two should
suffice for three.`

Do not be greedy with food!

10. NOT CRITICIZING the Food, Even if you Dislike it

Abu Hurayrah narrates that the Prophet never criticized any food ever. To emphasize the point,
he used double negative. 'If he liked it, he would eat, and if he did not like it, he would abstain.`
[Bukkhari]
This contradicts many cultural ideas that the Prophet would eat anything that was presented to
him.

Criticizing food is highly makruh because it shows we are ungreatful to what Allah has given to
us.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

11. PRAISING Allah Afterwards

In the hadith in Sahih Bukhari, thre phrases are similar. When the Prophet would say: 'All praise
be to Allah, abundant praise, a pure praise, a blessed praise. I praise Allah in this manner fully
realizing that this praise is not sufficient for what He has blessed me with. I fully realize this is
not the end and I will never be free of this item [i.e. need the favour over and over again].`

12. MAKING DUA for the One who Hosted You

One of the duas the Prophet said was, 'O Allah, bless them in what you have given them and
forgive them, and have mercv on them.`

13. Eating in MODERATE QUANTITIES

The Prophet said, 'The worst container that anv human can fill is his own stomach. It is
sufficient for a person that he eats a few morsels of food (five or seven morsels) because of which
his back will remain straight. But if you want to go more than this, then you may take up to one-
third for your food, one-third for your drink, and one-third for the air that vou breathe.` [At-
Tirmidhi] Eating more than one-third becomes makruh.

14. CONTROL One's Belching

Once a Bedouin came into the gathering of the Prophet and began belching out loud. The
Prophet said, 'O so and so, stop vour belching because it is irritating us'` [At-Tabarani] If
belching is makruh, then any other sound emitted are also makruh.

15. Not doing ITTIKA

The Prophet once was eating, and a Bedouin came in and saw him sitting in a way that the
Bedouin found strange. The Bedouin said, 'What tvpe of sitting is this?` The Prophet

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

responded, 'As for me, I do not eat while muttaki.` |Bukhari| In another version, he said, 'Allah
has made me a humble servant and not an arrogant king.`

The scholars differed on what muttaki means. Ittika means to lean with one`s back against a
support, to lean one`s leIt side, supporting the body with one`s leIt hand, and to sit cross-legged.

Etiquettes of Drinking

A lot of what precedes in terms of food also applies to drink as well. Note: Sahih Muslim is one
of the most comprehensive encyclopaedias on eating and drinking.

1. Drinking in THREE SIPS

Anas ibn Malik narrates that the Prophet would take three sips when he was drinking and would
sav, 'This is more quenching, healthier, and sweeter.` [Muslim] Three sips means that the
Prophet would split the average sip a human being takes into three.

2. Not BLOWING OR BREATING into the Container

The Prophet forbade blowing into a container. [Muslim]

3. Avoid Drinking While STANDING

The Companions themselves differed over this issue. This is a huge controversy over whether it
is makruh or haram or mubah or mustahab to drink while standing? To summarize: There are
conflicting hadith in this regard.

The first set of hadith seem to prohibit drinking while standing:

Anas ibn Malik says the Prophet zajarah drinking while standing. [Muslim] The term
zajarah is ambiguous and could mean strongly Iorbade` or disliked` and the diIIerence
between the two is haram and makruh. The term is not precise.

The Prophet said, 'Whoever drinks while standing should vomit.` In the opinion of many
scholars, this hadith is weak and not authentic.

The second set of hadith seem to allow drinking while standing. In fact Sahih Bukhari has a
chapter titled the Chapter Regarding the Traditions of Drinking While Standing.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Ali ibn Abi Talib narrated that when he was in Kufa, he was brough a container of water
to drink, and he drank while standing in front of evervone. He then said, 'I know some of
vou think that it is discouraged to drink while standing, but wallahi I saw the Prophet
drink while standing.`

The Prophet drank zam-zam while standing. [At Tahawi]

There was a canister of water stuck to the wall, and the Prophet stood up and unscrewed it
and drank the water while standing and then closed it. [Bukhair]

Reminder/Disclaimer
All that has preceded is etiquettes of eating and drinking. If you contradict them because you are
lazy and not out of arrogance, then there is no sin per se. If you do them wanting to please Allah
and follow the sunnah, then Allah will reward you and bless you.
The scholars are stricter and say the follow are sinful if not done:
1. Saying the basmalah
2. Eating with the right hand

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

The general rule regarding food is that everything is halal unless
proven otherwise. This basic assumption can be applied in all
matters in our religion. Therefore it is essential to understand the
rules. Should a debate take over whether an animal is halal or
haram, the person claiming it is haram should bring the proof.

Allah says:

Say: I do not find in that which has been revealed to me anything forbidden for an eater to eat,
except that it be what has died of itself, or blood poured forth, or flesh of swine-- for that surely
is unclean-- or that which is a transgression, other than (the name of) Allah having been invoked
on it; but whoever is driven to necessity, not desiring nor exceeding the limit, then surely your
Lord is Forgiving, Merciful. [Anam. 145]

The phrasing of the ayah shows that everything is halal except that which is listed. Allah (SWT)
does not list that which is permissible (halal) but rather mentions the things that are impressible
(haram).

General Rule: Everything is
permitted unless evidence
proves otherwise.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

This class is comparative fiqh, meaning that in certain areas there will be differences of opinion.
Madhabs are human interpretations to understand the Shariah of Allah. It is not the divine link.
Nevertheless, whether a certain opinion speaks to you or not, it is essential to have respect for all
the opinions.

So which one do you follow? You have two options:
1) You stick to your tradition madhab and follow its fiqh
2) Follow what you are taught and what follows the stronger position based upon evidences
from the Quran and Sunnah. Make taqleed to a living person that you trust.

It is not permissible to pick and choose the easy position or go to the
Quran/Sunnah and drive our own interpretations.

General Standing
The Hanafi madhab is the strictest in regards to food and most lax madhab regards to drink.
Maliki is the exact opposite. The Hanbalis and Shafis stand in the middle.

The Shariah has divided animals into four categories:
1) Land animals
2) Sea animals
3) Birds
4) Vermin (insects)

It is important to note that this is not a scientific categorization of animals. So does this mean
there is contradiction? No. Because the Shariah looks at animals in a certain light while modern
science looks at it in another light.

We will now look at each category in detail and understand what is permissible and what is not.

Category 1: Land Animals

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

The Shariah divides land animals into domesticated animals and wild animals. Domesticated
animals are those that humans take care of such as cows, sheep, goat, etc. Wild animals consist
of those that do not live among humans such as lion, deer, moose, etc. Wild animals are further
divided into predatory (generally haram for consumption because they feed on other animals)
and non-predatory (generally halal).

General Rule: Domesticated animals must be ritually slaughtered (dhabh).
Non-predatory animals by and large may be hunted. Predatory animals by
and large
are not allowed.

Animals ALLOWED by unanimous consensus

1. Cattle (e.g., cows, sheep, goat, camels)
2. Gazelles, deer, antelopes, etc.
3. Wild bovines (buffalos, etc.)
4. Zebras
The Prophet (SAW) passed by a group of people who were cooking donkey in the
conquest of Makkah. He asked them, 'What meat is this?` Thev replied, 'This is
donkev meat.` The Prophet (SAW) said, 'Allah and His Messenger have prohibited al
Humur al ahliyah and have allowed al humur al washiyah. |Muslim| Al humur al
ahliyah is donkey and al humur al washiya is zebra (This hadith has been commonly
mistranslated)
5. Rabbits
Narrated Anas: We chased a rabbit at Mar-al-Zahran and the people ran after it but
were exhausted. I overpowered and caught it, and gave it to Abu Talha who slaughtered
it and sent its hip or two thighs to Allah's Apostle. (The narrator confirms that he sent
two thighs). The Prophet accepted that. (The sub-narrator asked Anas, " Did the
Prophet; eat from it?" Anas replied, " He ate from it. " ) [Bukhari, 746]

Animals PROHIBITED by unanimous consensus

1) All types of pig, and all that is derived directly from it.
Lahma al-khinzeer: the flesh of pig. When Allah prohibits the item that is the most
useful (the juiciest part of the animal), then anything less useful is also prohibited.
There is no ikhtilaf about this issue.

2) All types of dogs and all that is derived from it is haram except for Maliki says it is
Makruh
Narrated Abu Huraira: Allah's Apostle said, " If a dog drinks from the utensil of
anyone of you it is essential to wash it seven times. " (Bukhari: 176)

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

The dog`s physical body is not najas (filthy). What is najas is its saliva. So if a dog
makes water filthy, then what about food?

3) Donkeys (``domesticated donkeys`)
Donkeys became haram at the Battle of Khaybar. Jaabir ibn Abd-Allaah (may
Allaah be pleased with him) said: On the day of Khaybar, the Prophet (peace and
blessings of Allaah be upon him) forbade the meat of domesticated donkeys, but he
granted us a concession allowing us to eat the meat of horse. (Bukhari: 5520).

4) Mules
Majority of the scholars claim that mules are prohibited because it is an offspring of
a male donkey and a female horse. The scholars use the hadith 'the child is ascribed
to the father and say that the mule shall be ascribed to the Iather. ThereIore because
the father (i.e. donkey) is haram, then the offspring is also haram.

The last three (dogs, donkeys, and mules) are considered makruh in Maliki
Madbah.

Difference of opinion over horses

The Malikis, Shafis, and Hanbalis say that horse is permissible because at the time of the Prophet
SAW, the Sahaba (companions) use to sacrifice horses in Madina in a public manner. Since the
Prophet SAW did not object, this can be used as a silent hadith.

Hanafis say it is not permissible because Allah mentions that horses are created to be ridden on
and not eaten.

And (He has created) horses, mules and donkeys, for you to ride and as an adornment.
And He creates (other) things of which you have no knowledge. (An-Nahl: 8)

In response to Imam Hanafi, other scholars have claimed that Allah has mentioned the greatest
benefit of horses but that does not mean that it does not have other benefits.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

MAJOR RULES Regarding Land Animals

Rule 1: Every predator that has fangs
Every predator that has fangs is haram because Abu Thalaba narrated. Allah's
Messenger forbade the eating of the meat of beasts having fangs. (Bukhari: 438)

The Malikis say that it is not haram but makruh.

Rule 2: Every animal that is mustakhbath

Examples: scorpions, snakes, rats, mice, monkeys of all types, hedgehog, porcupine,
squirrels, etc.
Mustakhbath means anything that is considered disgusting. Allay says:

Those who follow the apostle, the unlettered Prophet, whom they find mentioned in their own
(scriptures),- in the law and the Gospel ;- for he commands them what is just and forbids them
what is evil ; he allows them as lawful what is good (and pure) and prohibits them from what is
bad (and impure); He releases them from their heavy burdens and from the yokes that are upon
them. So it is those who believe in him, honour him, help him, and follow the light which is sent
down with him,- it is they who will prosper. " (Al-Araf: 157)

Based on this ayah, the Hanafi, Shafi, and Hanbali understood that every animal that you find
disgusting is haram. (Note: what is disgusting is labeled by the Shariah, not the individual itself).

The Malikis said that the others have misunderstood the ayah. 'I have allowed that which is pure
and I have forbidden that which is filthv` means that the halal is pure and the haram is filthy. It
is not our prerogative to decide what is filthy and pure because Allah has told us what is halal
and haram. Therefore the Malikis say that whatever is haram is filthy and there is no such thing
as a disgusting animal.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Issue among the three madhabs: How is it decided what is filthy?

-Hanafi

They did not have a general rule by which they defined mustakhbath. Rather, they use this
rule quite liberally to prohibit many items other madhabib considered permissible. In
Shaykh Yasir Qadhi`s humble opinion, Imam Abu HaniIah`s ethnicity and upbringing (a
nobleman from Persia) influenced his decision and he found many items disgusting,
particular shrimp.

-Shafi and Hanbali

Unlike the Hanafi, Shafis and Hanbalis had a general rule.

Shafis said: The city dwelling Arabs will decide what is mustakhbath because the Bedouins
were uncivilized people and ate everything. Why restrict it to the Arabs? Who better to
understand the word mustakhbath than the Arabs.

Hanbalis said: Using the city dwelling Arabs is too broad and Arab culture is very different
from place to place. Therefore, they restricted it to the Hijaz city Arabs because the Quran
was revealed in Hijaz.

-Ibn Taymiyyah

He said that the religion is not depended on Arab culture and cuisine. Therefore the general
rule should be based upon the general trends of humanity. For example, humanity as a whole
find snakes and monkeys disgusting. We do not look at what strange and exotic cultures do
(ex: China)

DISCUSSION over the following animals

1) Elephants

It depends on whether the tusks are classified as fangs or not. Majority of scholars say that
the elephant is haram because it has fangs. However, we now know that the elephant is a
docile creature and not a predator, and the tusks are not fangs. This shows cultural effects
upon our own scholars. At the time, the elephant was looked at a predator and a beast and
on top of that the scholars did not visit Africa where the elephants resided.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

2) Fox

The majority of scholars said that it is haram because it has fangs. Imam Shafi said that
they are halal because Ioxes are not predators. The hadith says 'every predator that has
fangs`, therefore, there are two conditions: 1) predator and 2) fangs. Foxes are known for
snatching chickens.

3) Hyena

Many scholars (standard Hanbali and Shafi position) say that they are allowed because
they are scavengers and not predators. Imam Hanafi says it is haram.

4) Jackals

5) Dabb

Khlid b. al-Wald narrated that the Messenger of Allah entered upon Mavmnah along
with him, and Mavmnah was his [Khlids] maternal aunt, and the maternal aunt of Ibn
Abbs, and found that she had some roasted li:ard that her sister Hafdah bint al-Hrith
had brought from Najd. She offered the lizard to the Messenger of Allah, and [it was his
habit] that he would rarely stretch forth his hand to food until he had been told what it
was. The Messenger of Allah stretched forth his hand, then one of the women (Hafiza) who
were present said, 'Tell the Messenger of Allah (peace and blessings of Allah be upon
him) that what has been offered to him is the dab`. The Prophet withdrew his hand from
the lizard. So Khalid b. al-Walid asked, 'Is it prohibited, O Messenger of Allah?` He said,
'No, but it is not found in the land of mv people, and so I find myself having no need for
it.` Khalid said, 'Then I chewed it and ate it, and the Messenger of Allah was looking at
me.` (Narrated by al-Bukhr:5085 and Muslim)

The weakest usage of this hadith is by the Shafis. Hanbalis said that since the culture does
not eat it, then it is not allowed. However this can be used against them as well because the
Prophet allowed Khalid to eat it. The Maliki position claims that it was a disgusting animal
even to the Prophet but he did not make it haram.

Rule 3: The MDOOODK animal
A jallalah animal is one that eats as its primary consumption something najas (filthy). The
scholars say that the jallalah animal is not allowed because The Prophet forbade riding and
drinking the milk of the camel, which feeds on filth.[So other animals will be the same i.e. cow,
sheep, goat and so on in regard to drinking its milk] (Abu Dawud: 3778)

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

All the madhabs consider the jallalah animal to be makruh and not haram. They differed
on what is considered a jallalah animal.
-Hanbalis and Hanafis: Majority of its food is najas
-Shafis: change in its smell (sweat) and taste (milk) occurs

To feed an animal najas is haram but to eat the animal is not haram.

Category 2: Sea Animals

1. By unanimous consensus, FISH are permitted

Allah praises fish in the Quran in a way that He does not praise anything else. An
adjective is used that is not used for any other meat. Surah Fatir, verse 12: Allah says
that He has blessed us with sweet water and salt water and from the both types of
water, Allah says we extract a meat that is taree (beneficial, nutritional, fresh, juicy,
succulent,` Allah praises ish meat like le praises no other.

Allah says:

Nor are the two bodies of flowing water alike - the one palatable, sweet, and pleasant to drink,
and the other, salt and bitter. Yet from each (kind of water) do ye eat flesh, fresh and tender, and
ye extract ornaments to wear; and in each you see the ships therein that plough the waves, that
ye may seek (thus) of the Bounty of Allah that ye may be grateful. |Fir: 12]

The scholars did not differentiate between whales and regular fish. Jbir narrated, 'We set out
in the army of al-Khabt and Abu Ubayda (Allah be pleased with him) was the commander of the
troops. We were struck with severe hunger and the sea threw out a dead fish the like of which we
had never seen, and it was called al-Anbar. We ate of it for half a month. Abu Ubayda took (and
fixed) one of its bones and a rider passed underneath it (without touching it). Abu Ubayda said
(to us): Eat (of that fish).When we arrived at Madina, we informed the Messenger of Allah (Allah
bless him & give him peace) about what had happened, and he said: Eat, for it is food Allah has

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

brought out for you, and feed us if you have some of it. So some of them gave him (of that fish)
and he ate it (Bukhari: 4104). This was the only time the Prophet eat seafood.

The Prophet said: 'Two dead animals and two [tvpes of] blood are permitted for us. as for the
dead animals, whales and locusts, and as for blood, the liver and the spleen.` [al-Bayhaqi]

The Hanafis say that if you do not catch the fish, you must find them on the shore. If you find
them into the middle of the ocean, you cannot take it. This is not really followed by the Hanafis
themselves. Therefore it is ignored.

2. Animals that live in the water BESIDES FISH

These include lobster, octopus, shrimp, etc.

The Hanafis use the mustakhbath rule. They found everything besides fish and whales to be
mustakbath. The Shafis and Hanbalis, however, said there is not mustakhbath rule for animals in sea
because Allah says:

Lawful to you is the game of the sea and its food, a provision for you and for the travellers,
and the game of the land is forbidden to you so long as you are on pilgrimage, and be careful
of (your duty to) Allah, to Whom you shall be gathered. (Al-Maidah: 96)

Hadith of the sailor coming to the Prophet. The
sailor said, 'O Messenger oI Allah, I am a sailor
and sometimes we run out of water. Can we
make wudu with salty water? The Prophet gave
a general rule and said, 'Its water is pure and its
dead is halal to eat. You can make wudu with
ocean water even if you have fresh water. The sailor did not ask about seafood, but the Prophet
gave the verdict anyway. Based upon this hadith, the Prophet said 'its dead is allowed. The
three madhabs say that 'its dead reIers to anything in the ocean.

How about land-equivalent animals?
The Malikis, Hanbalis, and ShaIis said that those animals whose 'land-equivalent are prohibited
are also prohibited. This is an opinion within the latter two madhabs. Examples include sea-dog
seal, sea-pig dolphin.
NOTE:
Anything poisonous from the
land or sea is haram.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

The Hanafis said that sharks have fangs and so it is haram but the fang rule does not apply to sea
because the ocean is halal.

3. Animals that live ON THE SHORE (between land and water)

There are differences of opinion over animals that live on shore such as crabs, turtles and seals.

-Hanafi position: none of these animals is permitted. There is no evidence to permit it.

-Maliki position: all such animals are allowed.

-Shafi and Hanbali position: blood-flowing animals require slaughter, rest are permitted, except
frogs (and crocodiles) for the Hanbalis.
The Shafis and Hanbalis considered frogs to be impermissible based upon an exception. Hanafis
say mustakhbath and Malikis say that it is halal.
Abd al-Rahmaan ibn Uthmaan (mav Allaah be pleased with him), according to which a doctor
asked the Prophet (peace and blessings of Allaah be upon him) about using frogs in medicine,
and the Prophet (peace and blessings of Allaah be upon him) forbade killing them. (Abu-
Dawood: 5269)
Also the Prophet forbade the killing of frogs and said that their croaking is tasbih.
If every animal makes tasbih, then how are we allowed to kill animals and
not the frog? Response: This is an exception and we do not ask why.

Category 3: Birds

PERMISSIBLE

By unanimous consensus, vast majority of birds are considered permissible. Allah praises it as
the Iood oI Jannah. In Surah Waqiah: '.they shall have the meat oI any bird they desire.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

PROHIBITED

1. Birds that have talons (except for Maliki) [i.e. falcons, eagles, kites, hawks]

Talons are the claws that the bird hunts with. The Malikis consider them to be makruh.

Other scholars say it is haram because Ibn Abbaas (may Allaah be pleased with him), who
said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade every
wild animal with fangs and every bird with talons. (Muslim: 1934).

2. Birds that feed off carrion (dead meat) [except for Malik] (e.g., vultures, buzzards, kites)

The three madhabs define the mustakhbath bird as one that eats carrion.

The Hanafis, Shafis, and Hanbalis consider it haram to eat large black crows and speckled
crows, which are both types that usually eat only carrion, so they are abhorrent to those of
a sound nature. This type also include vulture, because they only eat carrion, even though
they do not have talons with which they catch prey

3. Hoopoe (Hudhud) and shrike (Surad) due to explicit prohibition about killing them (Abu
Dawd)

The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade killing four
kinds of animals: ants, bees, hoopoes and sparrow-hawks. (Abu Dawud: 5267 and Ibn
Majaah: 3224).

Category 4: Land Vermin

Land vermin is everything else such as insects, rats, snakes, lizards, etc.

My unanimous consensus, LOCUSTS are allowed

Narrated Ibn Abi Aufa: We participated with the Prophet in six or seven Ghazawat, and we
used to eat locusts with him. (Bukhari, 403)

OT HER Vermin

Majority of scholars prohibited or considered it makruh (mustakhbath).
Mliks considered most permissible .

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Snails, Rats, House Lizards, Crocs, Mice, Spiders, etc all are prohibited by all except
Malikis. This is HARAM, because they are disgusting (Mustakhbath rule).

Imam al-Nawawi said that land insects are haram. This is the view of Hanafis, Hanbalis, and
Dhahiris. Imam Malik, however, consider them halal. Ibn Hazm said that it is not permissible to eat
geckos, wasps, worms, flies, bed bugs, etc. because Allah has forbidden everything that is
khabeeth.

When Imam Malik was asked by some people of North Africa about eating a snail, he replied,
'This is the same as the locust, so I do not think there is anything wrong with eating it. This shows
that he considered it to be permissible.

Anything else that is NOT an animal (i.e. vegetables and fruits) is halal UNLESS it is
harmful or drug injected .
We do not care who cooks it (i.e. a non-Muslim can cook it) as cooking does not have any
condition. So long as we know they are not adding najas to the food, we are permitted to go to
non-Muslim restaurant.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

3 Categories of Permissible Animals

1. REQURIE Slaughtering

These animals must be slaughtered either by the method of dhabh or nahr. Dhabh is done about
the adam`s apply, closer to the throat. Nahr is done above the collar bone. The difference is half
an inch in goats and three feet in camels.

Nahr is done for the camel. Dhabh is done to other domesticated animals. However, nahr can
also be usedits just a matter of what is most comfortable and convenient.

What animals fall under this category? By and large, domesticated animals
(e.g., sheep, cattle, cows, goats, etc.) fall under this condition. The scholars
have also added that if a wild animals that is usually killed through hunting
is under your control and not dangerous, then you have to slaughter it.

2. May be HUNTED (sayd)

Non-predatory are usually hunted. For example a deer which is not under your control. Hunting
is a concessionyou shoot any part of the body and the animal bleeds to dead. This is a
concession because you cannot physically have the animal in your hand to do dhabh.

Hunting is a separate chapter of fiqh which we will not discuss in deal here.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Allah says:

They ask you as to what is allowed to them. Say: The good things are allowed to you, and what
you have taught the beasts and birds of prey, training them to hunt-- you teach them of what
Allah has taught you-- so eat of that which they catch for you and mention the name of Allah
over it; and be careful of (your duty to) Allah; surely Allah is swift in reckoning. |Midah: 4|

Separate chapter of fiqh deals with issues such as:

Who is allowed to hunt? A person in the state of ihram is forbidden from hunting.
Also, people of religions other than the Abrahamic religions are not allowed to
hunt for us.

With what may one hunt? Scholars agree that you can hunt with a dog, birds, and
sharp instruments (i.e., kill by bleeding and not by weight). You cannot beat an
animal to death or starve them to death. Animals traps are forbidden in Islam. A bullet is
allowed because it pierces and bleeds. Scholars different over black dogs.

Characteristics oI a trained` dog? The books of fiqh discuss dog training because
Allah says in the Quran that you can hunt with a trained dog. The scholars of fiqh
then have to clarify what constitutes a trained dog. Simply rule: if you tell your
dog to stop eating and it stops eating, then it is a trained dog. The dog has to hunt for you
and not for itself.

Procedure of Hunting

For Shafis, saying the Tasmiya is Sunnah while it is mandatory for others. For the three
madhabs, if you intentionally did not say bismillah when you shoot an arrow, then the meat is
not allowed.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Allah says:

They ask thee what is lawful to them (as food). Say: lawful unto you are (all) things good and
pure: and what ye have taught your trained hunting animals (to catch) in the manner directed to
you by Allah. eat what they catch for you, but pronounce the name of Allah over it: and fear
Allah. for Allah is swift in taking account. [A;-Maìda: 4|

What if you intended a specific deer and the dog captured another? The Majority of
scholars say it is irrelevant which animal is killed and the bismillah is attached to
the instrument used.

What if you are in doubt as to how the animal died? For example, you shoot a bird
and it falls into the water and you are not sure if it died due to the bullet or because
of drowning. In such case, all four madhabs say: when in doubt, you must leave it. When
you do not know how the animal died, you are not allowed to eat it because it may be
maytah.

A man asked the Prophet: 'What if I send my dog and it loses sight and when I reach, there
are other animals present?` the Prophet said, 'Do not eat because you only said bismillah
for vour dog.`

3. Eaten WITHOUT Slaughtering or Hunting: Fish & Locusts

Seafood even if you find it dead is halal for you. It does not matter who catches it either. It is
permissible because there are no rules associated with seafood or locusts.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Conditions of Slaughter

There are numerious hadith that talk about the conditions of slaughtering. We will discuss five
major points here.

Rfi b. Khadf asked, 'O Messenger of Allah' We have no knife [with which to slaughter].` The
Prophet said, 'Whatever [instrument] causes blood to gush out, and whatever [animal] Allahs
name is mentioned over, eat (of it). |MuttaIaq alayh|

1. INTELLIGENCE (not bulgh) of the one who slaughters

What is important is the niyyah (intention) to kill. Majority of scholars say that the person has to
be able to intend slaughter. The evidence Ior this is in Bukhari that 'all actions are by
intentions.`

The Shafis, however, said it is not a necessary condition, but preferred. However the blood flows
is okay so long as it flows.

No scholar has set bulugh has a condition of taharah to slaughter. A person can be in a state of
janabah (impurity) and is permissible to slaughter. No scholar differentiated between men and
women slaughtering.

2. RELIGION of the One Who Slaughters

By unanimous consensus, Muslims, original Christian or Jew are allowed to slaughter.

In case oI Arab and convert Christians, the ShaIis prohibited. Classical ShaIis had a strange
opinion which modern Shafis had discarded. There was a group of Arabs who embraced
Christianity because they were interacting with the Romans. The Shafis did not view them as real
Christians and said that the only thing they kow of Christianity is to drink alcohol.

By and large, the madhahibs say: any Christian, Jew, or Muslim is allowed to slaughter for us. A
Christian is someone who belies in Jesus Christ and the trinity regardless of if they view him as
the son of God or not. A Christian by definition believes in blasphemy.

What about the heretical groups within Christianity? At that time, there was only Roman
Catholicism. Protestantism is close to Islam than Catholicism, so they fall under the group of
Christians. The differences between Roman Catholics and Greek Orthodox are minor. What
about minor Iringe groups such as the Mormons? In Shaykh Yasir`s humble opinion, Mormons
cannot be given the verdict of ahl al kitab (people of the Book) because they believe in another

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

prophet and a different book and revelation. [They are like the Qadiyyanis of the Christians]. The
Amish are pure Protestants, and their meat is permissible.

By and large, America is a Christian nation. However, when it comes to many European
countries, we cannot make that claim anymore (e.g., Denmark, Sweden, Finland) because many
claim to be agnostic and atheist.

How do you know the one who slaughtering in North America? It is safe to
presume that the majority of the laborers are Roman Catholic. Therefore, this
issue would not be a problem.

3. The INSTRUMENT Used

Two conditions:
1.That it be a sharp instrument that kills by cutting, and not weight
2. That it not be manuIactured Irom an animal`s teeth or claws.

Scholars made two conditions. The main condition is that the slaughter should be done by a
sharp instrument that causes the animal to bleed and not by a blunt instrument that causes the
animal to die of blows. The animal should be killed by the sharpness and gushing of the blood.
There is unanimous consensus on this. If you kill by bluntness and blowing, then no blood flows
out, and it is not dhadb.

The second condition is that the knife cannot be made from animals, teeth, or claws (i.e., an
ivory knife is not allowed). The Prophet instructed animals to be slaughtered except with
teeth/claws or nails. This hadith is ambiguous and many scholars interpreted it to mean that
slaughtering cannot be done with instruments made of teeth or nails. Other scholars said, in
jahiliyy society, they would claw a chicken to death or rip it open and let it bleed, so when the
Prophet said this, he is saying to not slaughter in the jahiliyy practice.
|In Shaykh Yasir`s humble opinion, the second condition is misunderstood|

If the animal dies by another method, it is considered haram by all four madhahib. If the animal
dies before the knife reaches the throat, it is considered maytah (carrion); therefore, it raises the
issue of stun guns and electrocutions. In America, by federal law, all large meat processing
plants must stun the animals before they are slaughtered, which they believe is a manifestation of
mercy and sign of humanity. Poultry is electrocuted and beef is stunned with a stun gun (the
bullet goes in and out of the brain). The cow is immobilized and loaded onto a machine and then
slaughtered.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

The problem that arises: a large percentage of these animals will die before the
cow is placed on the machine or the knife reaches the throat. This raises
condition #3. Regarding chicken, the voltage is so low that very few chickens
actually die. Regarding larger animals, the percentage is higher. In Shaykh Yasir`s
opinion, research is difficult because every factory is different and each factory has
different procedures. Also, because there is no monitoring, many factory workers are
not in a hurry to finish the work and may stun the animals and come back later and put
them on the machine.

Based upon this condition, there is another opinion amongst North American scholars: poultry is
halal and beef is haram. Those who ignore the other two conditions will reason as follows: this
is a Christian plant and the workers have intended to sacrifice and the knife has reached the
throat of the chicken, but a good percentage of beef is dead before the knife reaches it; therefore,
there is a huge doubt regarding it and it is considered impermissible.

Those who allow beef say that it is a trivial percentage of beef that is dead before the knife
reaches it.

4. VEINS that need to be Cut

Mammals have four primary arteries: trachea (air passage), esophagus (food passage), and two
jugular veins (blood arteries).

Perfect Slaughter: all four arteries, while leaving the spinal cord (unanimous consensus)

By almost unanimous consensus, if all four are cut along with the spinal cord, the animal is still
halal even though what you have done is makruh.

How many of these need to be cut? What is the bare minimum quantity of
passages that need to be cut? If you slaughter a goat or sheep, if you cut 1.5
inches, they you have done all four.
x Imam Malik and Hanbali: all four must be cut
x Abu Hanifah: any of these three must be cut
x Standard Maliki madhab position: the tachea and the two jugular vein are
the minimum (esophagus is voluntary)
x Abu Yusuf (student of Imam Abu Hanifah): the trachea, the esophagus,
and one of the two jugular veins is wajib
x Standard Shafi and Hanbali opinion: trachea and esophagus

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

*None of these positions have textual evidences: Shaykh Yasir leans toward
at least one of the jugular veins being cut because blood must gush out

5. The TASMIYA (the Basmalah)

Is it mandatory or sunnah to say the basmalah?

Crux of the matter with respect to meat available here. This issue differentiates those who think
it is permissible to eat meat outside and those who do not.

x First opinion: Obligatory to mention Allah`s name, in all circumstances

If you do not say bismillah, the meat is haram. This is the opinion of Hanbali
madhab, Ibn Taymiyyah, and Ib Al Qayyim.

x Second opinion: Obligatory to mention Allah`s name, but Iorgiven if accidently forgotten

You have the intention to say bismillah but you forget at the time of slaughter (i.e.,
accidentally you forget). This is the opinion of mainstream Hanbali scholars, the
Malikis and the Hanafis.

x Third opinion: Mentioning Allah`s name is mustaab. The tasmiya is recommended but
not obligatory in all circumstances.

This is the opinion of Shafis. They say it is not an act of worship and niyyah is not
needed.

EVIDENCES .

Evidence for the Fi rst Opinion: the tasmiya is obligatory in all ci rcumstances.

PROOF ONE: Sacrificing an animal is an act of worship with specific conditions

Since it is an act of worship, it has conditions and of those conditions one is to say bismillah
arRahman arRaheem. (for the Shafis, it is not an act of worship because you do not need a
niyyah).

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Allah says:

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 god is One God: submit
then your wills to Him (in Islam): and give thou the good news to those who humble themselves.
[Al- Hajj :34]

PROOF T WO: The Verses of al-Anam

Allah says in Surah Anm , verses 118-121

118. Then eat of that on which the name of Allah has been pronounced, if you believe in His
signs. [COMMAND]

119. Why should ye not eat of (meats) on which Allah.s name hath been pronounced, when He
hath explained to you in detail what is forbidden to you - except under compulsion of necessity?
But many do mislead (men) by their appetites unchecked by knowledge. Thy Lord knoweth best
those who transgress. [RHETORICAL REBUKE]

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

121. Eat not of (meats) on which Allah.s name hath not been pronounced: That would be
impiety. But the evil ones ever inspire their friends to contend with you if ye were to obey them,
ye would indeed be Pagans. [PROHIBITION]

When you sacrifice an animal, there are three logical scenarios: 1) mention Allah`s name, 2)
mention a Ialse god`s name, 3) mention no name. The Quran has prohibited mention other than
Allah. To sacrifice for other than Allah is an act of shirk.
PROOF T HRE E: It is of the signs of being a Muslim, j ust li ke prayer and facing the qibla.
It is related that Anas ibn Malik said that the Messenger of Allah, may Allah bless him and grant
him peace, said, " Whoever prays our prayer and faces our qibla and eats what we slaughter, he
is a Muslim and is under the protection of Allah and the protection of His Messenger. Do not act
treacherously against Allah with respect to those under His protection. " [Bukhari]
PROOF F OUR: Strictness shown in hunted animals, so how about non-hunted?
Ab Thalaba al-Khushan asked, 'O Messenger of Allah, we live in a land where [people] hunt.
I hunt with my bow, and with my trained dog, and with my untrained dog, so tell me what is
permitted for me?` He replied, 'You asked that vou live in a land of hunting, so whatever vou
hunt with vour bow and mention Allahs name over, eat of it. And whatever vour trained dog
catches, and vou have mentioned Allahs name over, eat of it. And whatever your untrained dog
catches and vou are able to sacrifice it vourself, eat if it`. [Bukhari]
Also, the hadith of the man who came and asked if he found other dogs [Bukhari]. The Prophet
said, 'you only said bismillah over your dog.
PROOF FI VE: Prohibited even in Pre-Islamic times
Waraqah b. Nawfal, the elder cousin of Khadija, before he accepted Islam had rejected idolatry.
He narrates his story and oI what he says: 'And I do not eat the meat that you give to your idols.
I only eat the meat over which Allah`s name has been mentioned. The pre-Islamic hunafa (those
who avoided idolatry) knew this principle.
PROOF SI X: 6KD\WQeats f rom meat over which no name is mentioned

When Shaytan asked Allah what will be his provision, Allah said: any animal over which My
name has not been mentioned.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

E VI DENCES for the Second Opinion: Obligatory to mention Allah`s name
but forgiven if accidentally forgotten

This is the modification of the first opinion. All of the evidence for the first opinion are also used
by those who hold this option. They just added:

'Mv Lord has forgiven from mv nation mistakes, forgetfulness, and what thev were forced to
do.` [Amad]

E VI DENCES for the Thi rd Opinion: Mentioning Allah`s name is Mustahab

PROOF ONE: Explicit DGWK

'A Muslim sacriIices using the name oI Allah, regardless oI whether he verbalizes it or not.
Reported by al-Draqun; considered weak by all discerning scholars oI adth.

The very fact that a Muslim sacrifices is bismillah. The hadith is saying that even if he does not
say it, it is embodied in him. Even the Safi muhadithhoon (al-Nawawi, Ibn Hajr) clearly said that
this hadith is weak and fiqh is not built on weak hadiths.

PROOF T WO: You should say bismillah and eat from it`

Hadith of meat being presented to some sahabah: Aisha narrates that a group of people came to
the Prophet and said 'O Messenger of Allah, some people send us meat and we do not know
whether thev mention the name of Allah over it or not.` The Prophet said, 'vou sav bismillah
and then eat over it.` Aisha adds. 'This group had fust accepted Islam.` [Bukhari]

The Shafis say that this hadith shows the the bismillah is not wajib. Other scholars say that this is
a hadith against their opinion. The other three madhahib say to look at the hadith and if bismillah
had been sunnah, it would not matter whether they said bismillah or not, but the Propeht did not
say that and did make a big deal of saying bismillah over it. The context of the hadith shows us
that bismillah is very important but we do not have to go spying on other Muslims to find out
and if they make a mistake, it is between them and Allah. If there is a reason for doubting, then
we should say it ourselves. The hadith in fact is not related to the bismillah being sunnah or not
but rather on how suspicious you should be of other Muslims. The Shafi scholars said that this
hadith should be used to prove that we should think the best of other Muslims and not spy on
them.

People who use this hadith usually disregard the ending which tells us that these people were
actually converts to Islam and not Christians or Jews.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

PROOF T HRE E: Sacrificing is not a purely religious act (WDDEXGG).

Refutation of this proof: Every verse in Which Allah commands you to sacrifice tells you that it
is an act of worship.

Allah says:

Therefore turn in prayer to your Lord and sacrifice (to Him only). [Al-Kauthar: 2]

PROOF F OUR: Allah allowed us to eat thei r meat while knowing how they kill.

This is the most difficult to refute without knowledge of usul al fiqh. They say: when Allah
allowed us to eat their meat, surely He knows how they are sacrificing. Therefore, when Allah
says in the Quran 'there Iood is halal Ior you |Surah Maìdah| then Allah knows how they
sacrifice, therefore, we do not have to ask and can just eat of their food.

Refutation: They are using general versus specific verses. Ask: In many Christian lands, they do
not kill the animal by slaughtering it but beat it to dead. Ask the Shafi scholar: if they electrocute
the animal and it dies in front of you, the meat is not alloed for you but ahl al kitab will eat of it.
Allah`s knowledge is inIinite and knows how they sacriIice but the question is: Is this approved
by Allah? Is this what Allah wants them to do? The three madhahib say no. We are allowed to
eat of their meat as long as the five conditions are met. Allah has given a concession, and if all of
the other conditions are met, then the meat of a Christian or Jew can be eaten.

PROVE FI VE: The verses of al-Maìdah
abrogate the verses of al-Anàm

Verses of Maàdah are those that allow us to eat the
meat of ahl al kitab. The verses of Anm are to not
eat the meat over which Allah`s name was not
mentioned. Maìdah is one oI the last surahs ever to
be revealed.

The other three madhahib say that abrogation is the
last resort, and you never use abrogation when you
can reconcile (a principle from usual al fiqh). Also,
there is no need to resort to abrogation because we
can reconcile. When an ahl al kitab person says
bismillah, we can eat their meat. Also, abrogation
Dialogue:

Yz
allows the meat of the
Z
A: Yes
Q: Do our people of the
Book eat pork?
A: Yes
Y
would eat pork?

Also if a Christian beats an
animal to death, do you eat
it?

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

cannot occur in factual statements and can only occur in laws. Eating such meat is a sin is not a
law but a statement of fact. You cannot abrogate a statement of fact; therefore, there is no such
abrogation. The other three madhahib are asked: to what do the verses oI Maàdah apply? They
respond: Allah is referring to when these five conditions are met. The meat upon this si done in
our times is kosher or equivalent. It is a fundamental mistake to equate kosher with the meat
available in the marketplace. The Christians and Jews do not have to say Allah because they
believe in the same God as we do and can say in the name of God. The reason why there is a
concession for ahl al kitab is because they believe in the same God we do.

It is well known that Christians do not mention the name of God. However, if you have a
Christian friend who goes hunting or has a farm and gifts you some meat, ask him to mention the
name of God over it.

Ibn Al Qayyim`s comment: He says that mentioning the name of Allah removes filth from the
animal.

Opinions of some famous scholars

- Modern anafis
They are following the classical Hanafi textbooks. They say the meat is haram to eat.

- Modern ShaIis
It is halal to eat

- Modern anbals
It is haram to eat the meat.

Why is this a cultural issue? The majority of madhabs say it is haram but the
Arabs by and large think it is permissible while desis think it is haram? Modern
Hanbali scholars say that it is haram, and modern Maliki scholars say it is haram. The one
opinion that has been complete distorted is that of Shaykh Ibn Uthaymeen.

Shaykh Ibn Uthaymeen (rahimahullah) followed the first of the three opinions. (Shaykh Bin
Baaz followed the second opinion). Shaykh Yasir was there when the conversation took place.
He said, 'Even iI a person accidentally Iorgets, it is haram to eat the meat. In the Q&A, a
brother said, 'In North America, they do not say anything when they slaughter the meat. The
Shaykh said, 'you do not have to research what they are saying, and they are technically obliged
to say it. He presumed that Christians are Iollowing their book and mention the name of Allah
when they sacrifice and he applied the hadith in Bukhari. The man said, 'I am not researching or
spying, and we all know for a fact that they do not say bismillah . The Shaykh said, 'in that case,

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

for you it is haram to eat. Shaykh Uthaymeen had a different understanding of people in North
America and his position was dont ask, dont tell. We know that they are not following their
shariah, therefore, according to the usul of Shaykh Uthaymeen, the meat would be haram.

Modern Hanbalis, Malikis, and Hanafis are following their madhahib. Why is there a cultural
divide? Shaykh Yasir`s theory: when the first immigrants came to America, they were from
India, Pakistan, and Egypt. Desis are Hanafi and Egyptians are Shafi. When masajid were
established, the first split was between Hanafis and Shafis, so when the Hanbalis and Maliks
came, they attached themselves to the Shafi masajid. For those who came to America, the fact
that he Shafis preceded them may have had a cultural bias on their own inclinations.

Summary of Fiqh Issues Pertaining to Commonly
Available Meat

1. Religion of the one sacrificing. In European countries, it is not safe to extrapolate and say
that they are all Christians. They have a high percentage of atheists and agnostics. They
do not have large number of immigrants working in their meat factories. Therefore, for
European countries, this is a huge factor. In America, we can assume that the people
working in these plants are Christian.

2. State of animal as instrument cuts throat. By and large, we an assume that chicken passes
this test because the voltage level is low and only stuns it. When it comes to livestock,
20-40% are dead before the knife reaches the throat. Therefore, poultry is halal and beef
is haram.

3. Mentioning Allah`s name. The three madhahib say that it is a condition. Ritual slaughters
are only done by the Muslims and orthodox Jews.

4. Cleanliness of the animal itself. Even if the animal is fed najas or has hormones, the
majority of scholars say that it is makruh and not haram.
Note: Distinction between all` and dhabiha has no real fiqh basis cultural
difference. Halal and dhabiha are synonymous in the books of fiqh. Shafis define it
one way and the other three madhahib define it in another way. This does not have a
legitimate fiqh basis. It is a completely modern American cultural fiqh connotation.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Problems and Solutions

PROBL E M: This issue, while not as divisive as the moon-sighting one,
understandably raises tension between Muslims. Even worse, it has taken on a cultural
dimension that exacerbates the matter.
SOLUTI ON: Educating the Muslims that this is a classical difference of opinion that
transcends cultural lines.
PROBL E M: There is a very real problem regarding all meat in this country. Muslim
butchers themselves many times follow dubious practices.
SOLUTI ON: Dire need to form a national body that certifies all butchers (gradation
system?)
PROBL E M: Large-scale meat-processing plants present unique issues which might not
have simplistic answers.
SOLUTI ON: That`s why the door oI iftihd remains open let`s use it!

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

I bn al-Qayyim`s (d. 751) Psycho-spiritual Comment.
(Wisdom behind saying bismillah)

Ibn al-Qayyim writes, regarding animals that are slaughtered in other than Allah`s name: '|this|
slaughtering gives the slaughtered animal a type of filth that necessitates its prohibition. For mentioning
the name of idols, or starts, or jinns over the slaughtered animal gives it`s a type oI Iilth.while
mentioning the name of Allah alone causes it to acquire a purity. And Allah has made the [animals] over
which His name has not been mentioned fisq, and that is filthy. There is no doubt that mentioning the
name of Allah over a slaughtered animal purifies it, and expels Shaytan both from the one sacrificing and
the animal that is sacrificed. So if the name of Allah is not mentioned, Shaytan remains a part of [both]
the one who sacrifices and the animal that is sacrificed, which in turn causes a type of filth in the animal.
And Shaytan runs through the blood veins oI animals.so when Allah`s name is mentioned by the
slaughter, Shaytan is expelled along with the blood, thus puriIying the slaughtered animal. And iI Allah`s
name is not mentioned, the filth is not expelled. And if the name of other than Allah is mentioned, from
the devils or idols, this causes the animal to acquire yet another type of filth. And slaughter is a type of
worship, which explains why Allah pairs the two together, as in, So pray to your Lord and sacriIice to
Him`, and Say 'my prayer, and sacriIice, and liIe, and death, are only Ior Allah, Lord oI the Worlds` and,
And we have made the sacrificial animals from amongst the signs of Allah, you have much good in it. So
mention the name of Allah over it as they are lined up, and when their sides fall, then eat of it, and feed
the indignant and deprived.` So Allah inIormed us that He has given ownership and power over these
animals to those mention Allah`s name over it, and that through it one came achieve taqwa, and that is
coming closer to Him through it and mentioning Allah`s name over it. So iI Allah`s name is not
mentioned over it, it would be prohibited to eat, and would be despised.

Ilam al-muwaqqiin, v.2, p. 154.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

In Shaykh Yasir`s opinion, all oI the books written on halal/haram products did not take these
rules into account because if they did, they would be shortened to a few pages. In his opinion, the
vast majority of products labeled haram are not haram.

1. 7KH6WDWXVRI$OFRKRO
The issue of alcohol is crucial when it comes to products in North America. The problem is that
people have messed up organic chemistry with shariah. In organic chemistry, alcohol is anything
with an OH radical. The chemical definition has little to do with the Shariah definition. In other
words, it does not mean that if something is called an alcohol, chemically does not make it
khamr. The Islamic definition of khamr is that which intoxicates.` Most alcohols do not
intoxicate. Ethanol is used in the manufacturing of alcohol.

Whatever a human being can consume is considered
large quantity. If there is a trace amount of khamr in
a product, and if you were to drink twenty glasses
and not become intoxicated, then it is not forbidden.
If there is a trace amount that is less than it detectable or what you can become high of, then it is
not prohibited (e.g., grape juice).

Beer intoxicates after 5 to 10 glasses, thus a spoonful of beer is harm. It is haram to eat or drink
it but is it also haram to apply it on the body? Is khamr najas or not? Khamr is clearly haram to
drink, but what if we apply it on our lotions and gargle with it or it is in our perfumes? This goes
back to the classic difference of opinion on whether khamr is najas or not. If you say it is not
najas, then it can be put on your body and it would not be haram.

General Rule: :KDWHYHULQWR[LFDWHV
in large quantities is prohibited in
VPDOOTXDQWLWLHVDO-Nisa)

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

FIRST OPINION: Alcoholic Drinks are Najas

Four schools, Ibn azm:

1. Allah says:

'O vou who believe' intoxicants and games of chance and (sacrificing to) stones set up
and (dividing by) arrows are only an uncleanness (rijs), the Shayans work, shun it
therefore that vou mav be successful` [al-Mida: 90|.

This is the strongest evidence. The majority say that rijs is filthy. Allah calls khamr rijs,
and they say that rijs is najas.

2. The command to wash dishes of Ahl Kitb because they eat pig and drink wine.

'O Messenger of Allah, we live in a land of Jews and Christians, can we use their
utensils?` The Prophet said that if vou do not have anv other choice, then wash them
first. The Majority say that the Prophet told us this because they eat pork and drink wine.

3. It is prohibited in the strictest of terms, hence must be najas.

He prohibited transporting it, selling it, etc. therefore, it must be najas.

Prophet Muhammad (pbuh) said: "Gods curse falls on ten groups of people who deal
with alcohol. The one who distills it, the one for whom it has been distilled, the one who
drinks it, the one who transports it, the one to who it has been brought, the one whom
serves it, the one who sel ls it, the one who utilizes money from it, the one who buys it and
the one who buys it for someone else. " (Sunan Ibn-I-Majah: 3380).

4. In Jannah, Allah describes wine as, 'And their Lord will give them a ahr drink |al-
Insn:21|.

The wine of Jannah does not intoxicate. Tahur means pure and purifying (highest level of
purity).

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

SECOND OPINION: Alcoholic Drinks are NOT Najas

This is the position of very minority throughout our history. Each person who held this opinion is
a heavy-weight. Rabià (main teacher oI Imam Malik), Al Muzani (main student oI ShaIi),
Dawud Al Dhahiri (founder of Dhahiri madhab), As-Sanani (famous scholar from yemen), Ash
Shawkani (intellectual descendant of As-Sanani), Siddiq Hassan Khan (founder of ahl al hadith
movementstudied under students of Ash Shawkani), Ahmad Shakir of Egypt, and Shaykh Ibn
Uthaymee.

1. The base ruling is that all things are pure unless explicit evidence otherwise; there is no
explicit evidence here.

Response to proof 1: rijs means spiritually filthy and not physically filthy. Gambling
poker chips are not najas, idols are not physically najas, arrows are not physically najas.

Response to proof 2: If you can taste the wine, it is haram to ingest. The two are not the
same: not every haram is najas, but it may be haram for you to eat it. Poison is haram
but not najas.

Response to proof 3: idolatry is prohibited more than drinking alcohol and idols are not
najas. Just because something is haram, it does not make it najas. Every najas is haram,
but not every haram is najas.

Response to proof 4: the wine of Jannah is tahur, and the wine of this world is tahir.

2. Action of the Companions in pouring wine into the streets of Madinah.

They say that when khamr was prohibited in Madinah, they broke the wine bottles and
spilled it into the streets, and people would walk over it for days. Are you allowed to
throw najas in the street where people walk? No. If khamr had been najas, would the
sahabah have been allowed to discard it where people walk? The very fact they discarded
it in the streets and not in the restroom area or the trash area is evidence that the sahabah
did not think of alcohol as being najas.

Shaykh Yasir prefers going with the majority, but sometimes you have to contextualize. Looking
at the evidences in a neutral matter, those holding the second opinion have a point. This is an
opinion that is being resurrected, and many large Islamic fatwa councils are re-thinking the issue.
We cannot live in the modern world without coming into contact with products with khamr in it.
It appears that khamr is not najas. Thus, anything that has ethanol in it, there is no problem
applying it externally.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

How about ingesting it?

Here we follow a number of opinions.
1. Follow the general rule: 'That which intoxicates in large quantities is forbidden in small
quantities.` Thus, one teaspoon would make it haram because it si a small quantity.
2. The need ad necessity for the product. May medicines in our times have quantities of
ethanol in them. There are no alternative sometimes. Someone said 'we drink alcohol Ior
medicine. The Prophet said 'it is a disease and not a medicine. The hadith does not
apply. No one is drinking Rohitussin, for example, as khamr, and alcohol is used as a
medium for the drug to go from the bottle to your stomach. It is makruh and should be
avoided.

Can the same ruling be applied to food flavoured with alcohol? If the quantity is
insignificant, then we can overlook it (e.g., homeopathy). Those who take and believe in
homeopathy take pills that have quantities of ethanol in them. You can swallow the entire
bottle and nothing will happen, so we can apply the hadith that 'whatever intoxicates in large
quantities is not allowed in small quantities.

How about denatured alcohol? Denatured alcohol is one that has been chemically altered
such that you cannot get high off of it. Therefore, it is not Islamically khamr. Also, pure
100% ethanol used to sterilize equipment is not khamr at all and will blind a person if it is
drunk. By and large, small and traces quantities are overlooked. Also, there is laxity in its use in
medicines.

2. Chemical Changes LVWLKOD

FIRST OPINION: Chemical Change Does Not Purify Except in Specific
Circumstances

Majority position oI the Mlikis, ShaIis, anbalis.

E XCEPTI ONS:
1. Wine changing to vinegar by itself (almost ifm)

Vinegar is a by-product of khamr. The Prophet was given vinegar and said, 'What a
good condiment is vinegar`[Muslim] This shows that vinegar is halal.

They say said that vinegar is only halal if the wine transforms into vinegar without
human intervention. They wanted to shut the door for Muslims getting into the wine
business.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

The Prophet was asked, 'Should we not turn it [i.e. the wine] into vinegar? He replied,
'No.` [Muslim]

Muslim would have to buy vinegar from non-Muslims and not make them
themselves. Red-wine vinegar does not mean that it is has red wine in it but
that the intermediate stage was red wine.

2. Tanning of leather for dead animal (except for Hanbali)

Carrion is najas, but can you utilize the skin and tan it? Yes.

SECOND OPINION: A Chemical Change Purifies an Impure Substance

Held by the anaIs, Dhhirs, some Mlikis, Ibn Taymiyya and others. The worst najas is used
as fertilizer and feeds the food that we eat. Shaykh Yasir has no doubt that this is the correct
position. They respond to those of the first opinion: you took two things, but what gives you the
right to prohibit everything else?

1. 'What a great condiment is vinegar |Muslim|.

The fact that the Prophet eat vinegar shows a chemical change is halal.

2. 'Whatever skin is tanned has become puriIied, |Abu Dawd|.

3. Change of name.

When a pig decomposes into fertilizer, it is not called pig. When carrion changes
chemically, you do not call it dead meat.

The OIC (Organization of Islamic Conference) has 60-70 scholars from all over the Muslim
world and they release fatwa annually. One of these fatwa is that a chemical change makes a
substance pure. Thus, based upon this, even if something is derived from a dead animal or pork,
it a chemical change occurs, then it will be pure.

The key question: has a chemical change occurred? You have to do the research.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Issue of Gelatin:

Gelatin is a substance that is found on the outer layer of bones, in particular cartilage. It gives a
type of shape and body such as in jello. Although it can come from fish, vegetables, and
chemically manufactured, 60% of it comes from animals which is the cheapest and most
common way of extracting it. Kosher gelatin is fish gelatin.

Since the cheapest and most common way is to get if from animal bones (cows and pigs), it
becomes problematic because:
1) does a chemical change occur? If it does occur, then it is okay
2) if a chemical change does not occur, then a Shafi can take beef gelatin. If you do not
follow the Shafi position, then even this would be haram.

From Shaykh Yasir and researchers who have stupid gelatin, it is obvious that a chemical change
does not occur. They take the bone and put it in a solvent so that the gelatin is transferred from
the bone into a solvent and made into a powder. If it is haram to eat the animal, it is haram to eat
the bones, and it is haram to eat the gelatin.

3. Extremely small quantities of impurities (istihlak)

Evidence are in the article: Of Mice and MenThe Cheese Factor. (article discussing why
Doritos is not haram)

http:/ /muslimmatters.org/2007/07/09/of-mice-and-men-the-cheese-factor/

Cheese utilizes something called rennet, which is taken from beef or pig. The quantity of najas
rennet that remains is 0.0001%. The Sharaiah is pragmatic. The question arises: what is the
percentage? Herein lies the conundrum and no such figures appear in our texts. We do not know
the cut-off point. Shaykh Yasir asked Shaykh Uthaymeen (rahimahullah) this question and he
responded that the Shari ah did not come with numbers and we use our common sense.
Therefore, common sense would dictate for sure that anything less that 0.1% is pure and
anything 20-30% is not pure. We look at the needs. If there is a medicine that has 3% najas in it,
and we need it, then inshaAllah we can overlook it.

The E factors are of minute amount, and some of them are najas. They are too inconsequential to
make the final product najas.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

This section focuses on issue such as how should men and women appear in public and in
private? What are the restrictions on men and women when it comes to clothing?

Awrah comes Irom the Arabic word meaning to to Iind Iault/to criticize`. The awrah is that
which you want to cover from the public eye because you are embarrassed to show it because it
is worthy oI criticism iI shown. Awrah is also a sign of faith and modesty. When faith is gone,
that is when we find people exposing their awrah.

Allah says:

O Children of Adam! We have bestowed raiment upon you to cover yourselves (screen your
private parts, etc.) and as an adornment, and the raiment of righteousness, that is better. Such
are among the Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) of Allah, that they
may remember (i.e. leave falsehood and follow truth).? [Al-Araf: 26].

What does it mean Allah send down garments?

This means that from the very beginning mankind was clothed. Adam came down
on earth fully clothed so Allah says He send down clothes. It is part of our fitrah
to be clothed. If anyone discards clothes, they are rejecting the blessing of Allah.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Allah criticizes the children of Adam for falling prey to the plot of Shaytan. Allah says:

O Children of Adam! Let not Shaitan (Satan) deceive you, as he got your parents [Adam and
Hawwa (Eve)] out of Paradise, stripping them of their raiments, to show them their private
parts. Verily, he and Qabiluhu (his soldiers from the jinns or his tribe) see you from where you
cannot see them. Verily, We made the Shayatin (devils)Auliya' (protectors and helpers) for those
who believe not. [Al-Araf: 27].

The jahiliyy Arabs feel prey to the plot of Shaytan. The men and women would do tawaaf around
the Kabah naked. Allah criticizes them:

And when they commit a Fahisha (evil deed, going round the Ka'bah in naked state, every kind
of unlawful sexual intercourse, etc.), they say: " We found our fathers doing it, and Allah has
commanded us of it. " Say: " Nay, Allah never commands of Fahisha. Do you say of Allah what
you know not? [Al-Araf: 28].

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

0HQV$ZUDK

Bahz b. akm asked, 'O Messenger of Allah' What are we allowed to show of our awra?` He
replied, 'Guard vour awra except with your wife or right-hand possession.` I asked, 'O
Messenger of Allah' What if the people are tightlv congested?` He said, 'If vou are able to hide
it such that no one sees, do so.` I asked, 'O Messenger of Allah' What if we are alone?` He
replied, 'Allah has more right that vou be ashamed of Him than of other people` [al-Tirmidh|.

The only person you can show your awrah to without any restriction is your spouse. To
walk around the house naked even when alone is against the etiquettes and perfection of
our religion.

'Let no man look at the awra of another man, nor a woman at the awra oI another woman
[Muslim].

The concept of awrah varied from religion to religion. For example the Jews and
Christians had different ruling of awrah than us. For them there was no awrah in front of
the same gender. The concept of awrah from them was more lax and it was made perfect
in our Shariah. The last verses oI Surah Ahzab mention that the people oI Israìl irritated
Musa and Allah says. 'Do not be like those who irritated Musa. We learn about the story
of Musa from a hadith in Sahih Muslim.

Hammam b. Munabbih reported that Abu Huraira reported many ahadith from Allah's
Messenger (may peace be upon him) and one, of them speaks that Allah's Messenger (may
peace be upon him) is reported to have said: Banu Isra'il used to take bath (together)
naked and thus saw private parts of one another, but Moses (peace be upon him) used to
take bath alone (in privacy), and they said: By All ah, nothing prevents Moses to take bath

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

along with us; but scrotal hernia. One day when he (Moses) was taking bath (alone) he
placed his clothes upon a stone, but the stone began to move along with his clothes. Moses
raced after it saying: My garment, stone ; until (some of the people) of Banu Isra'il looked
at the private parts of Moses, and they said: By Allah, there is no trouble with Moses. The
stone stopped after he (Moses) had been seen. He took hold of his garments and struck the
stone. Abu Huraira said: I swear by Allah that there were six or seven scars on the stone
because of the striking of stone by Moses (peace be upon him).

The ruling that 'let no man look at the awrah oI another man, nor a woman at the awrah
oI another women abrogated the previous Shariahs ruling.

FIRST Opinion: The Two Private Parts Only (the Front and the Back)

This is the opinion of Dhahiri madhab only.

Their evidence: The Quran mentions the lots of Shaytan and mentions Shaytan expose the two
private parts of Adam and Eve, so Allah criticized the showing of the two private parts, which
shows that the two private parts are the awrah.

Hadith of Jabir in Muslim: The Prophet was going for Hajj and Jabir was riding on a camel with
him. He said that the ihram of the Prophet split open, and he saw the whiteness of his thigh. So
the Dhahiris say that iI the thigh was awrah, the Prophet would not have it let uncover.

In another incident: The Prophet was lying down in his house and his thigh was exposed, and
Abu Bakr asked permission to come in and came in and sat down. Umar asked permission to
come in and came in and sat down. Uthman asked to come in and the Prophet say up and
covered and then called him in. The Prophet explained later. 'Should I not be shv of someone
even the angels are shv of?`

The Prophet was so free with Abu Bakr and Umar that he did not mind lying down in front
of them. He did not want to put Uthman in a shy situation so he sat up and covered himself.
The Dhahiris say the Prophet would not have let Abu Bakr and Umar come in if it was
awrah. Also if the Prophet did not know it was showing, Jibreel (AS) would have came
down and told the Prophet it is showing. However, he did not.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

SECOND Opinion: Between the Navel and Kneee

Standard position of all four madhahib and majority of scholars and companions.

All claim that the thigh is part oI awrah. However, among the four madhahib, there is a lot of
controversies whether the navel and knee are included or not.

The Prophet said, 'The thighs are a part of the awrah.` |Tirmidhi, An Nisaì. Abu Dawud, Ibn
Majah, reported by many chainshasan hadith]

The Prophet once saw a man wearing underwear and told him to cover the thigh because the
thigh is awrah.

How did they explain the Dhahiri evidences?

1. Quran verse: Allah criticized the private parts as the most private oI the awrah.
They say that it is more embarrassing to expose than the thigh.
2. The hadith:
- Some say the Prophet was not aware when Jibreel was behind him, which is
problematic because then Jibreel should have come and told him just as when
one when the Prophet was praying with najas on his shoes, Jubreel came and
told him so he then took off his shoes.
- Scholars say that this was specific for the Prophet and only he was allowed to
do that.
- Look at the context: The Prophet did not intentionally expose the thigh and he
was not wearing something to intentionally expose the thigh. The thigh was
exposed in circumstances wehre it would be overlooked.

Shaykh Yasir`s humble opinion is that oI the Maliki scholars. Awrah is of two types: a strict
awrah and an awrah we are not as strict about (awrah mughalladah and awrah mukhaffafah).

It is not allowed to expose the awrah directly or indirectly? NO. Wearing
something that describes the portion of the body is not allowed. Tight jeans and
pants are haram for men and women.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

0HQV&ORWKLQJ

SILK and GOLD

The Prophet held a piece of silk in his right hand and gold in his left hand and said, 'These two
are forbidden for the men of mv Ummah, and permitted for the women` |Ab Dawd|.

Hudhayfa b. al-Yamn, 'The Prophet forbade us from eating and drinking in gold and silver
utensils, and from wearing and sitting on silk` [al-Bukhr|

The prohibition of gold and silver utensils is for men and women. However, touching,
handling and buying is allowed.

'Do not wear silk, for whoever wears it in this world will be deprived of it in the Hereafter |al-
Bukhr|.

Silk is prohibited for men even to sit on or use as a sheet or blanket. Men are not allowed
to have silk carpets or rugs as it is considered something feminine in nature in this world.
Allah says: 'Thev will sit upon couches of gold and silk in Jannah.`

How about small quantities of silk?

Small amounts of silk are allowed. What is not allowed is if the garment is made out of
silk. The Prophet would wear garments that were decorated with patches of silk. Ibn Abbas
said that the Prophet forbade wearing a garment made out of silk but there is no problem
with decorating or fringes being made out of silk. At that time, there would be a simply
garment with embroidery sewn on top. Umar ibn Al Kattah said the Prophet forbade
wearing silk except for a figher or two or three or four.

Wearing TIES?

Even if the tie is made out of 100% pure silk, it is permissible because the tie is not a garment
but an embroidery and embellishment. We use the 4 finger rule and it qualities. Also the silk ties
are not 100% silkworm silk. The prohibited silk is silkworm silk which is very difficult to get
and primarily used in rugs and other handmade garments.

Those who claim that the tie is a Christian symbol have no bases. Even if it was a symbol, it has
lost its meaning now as no one wears the tie as a symbol of Christianity.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

SMALL AMOUNTS of Gold or Silver

What about small amounts of gold and silver for purely decoration purposes?

Once the Prophet wore a beautiful cloak on Friday that had traces of gold decoration on
it, gifted to him by a neighboring ruler, and the people said, 'We have never seen anv
garment like this'` To which the Prophet replied, 'Are vou impressed with this?' Jerilv
the handkerchief of Sad b. Mudh in Paradise is better than what vou see` |Tirmidh|.

This was right aIter Battle oI Khaibr where Saàd Muàdh had just died. Some scholars
said that this was only for the Prophet and others said it was before gold was prohibited.
However there is no evidence for this. The Malikis, Shafis, and Hanbalis said gold is
prohibited even in small quantities for decorative purposes. Based upon this hadith, the
Hanafis disagreed and along with them was Ibn Taykiyyah who said that the hadith is clear
and small quantities of gold should be allowed. Example: gold cufflinks, gold plating.

Shaykh Yasir follows the opinion of the Hanafis but adds to do it at your own discretion
because people may think badly of it.

Silver is not prohibited for men and can be worn. What are prohibited is silver utensils. But
what about silver plated utensils? The Prophet had a favorite cup and it broke, so he had
the hole filled up with silver. [Bukhari]

When it comes to gold plated, it should be avoided even though it is not haram as the
Prophet`s garment had traces oI it. However people may think evil of you.

How about using gold for medical purposes?

Malik ibn Arfaja ibn Assad has his nose chopped off in one of the wars and he asked he
asked the Prophet if he could make a nose out of silver. The Prophet allowed him to do so.
However, the silver nose started to rust and so he asked for permission to make a false nose
out of gold. The Prophet allowed him to do so. Therefore, for legitimate purposes, it is
permissible to use silver and gold.

PROHIBITED Colors?

The Prophet`s Iavorite color was white and he use to say 'clothe your living in white and clothe
your dead in white. The Prophet wore many colors. Among them were green (which is the color
of Jannah), black turban, and yellow. In general, any color is allowed except red for 'The
Prophet forbade us from wearing red leather and silk |al-Bukhr|.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Abdullah b. Amr b. al- came to the Prophet wearing two saffron-dyed garments. The
Prophet said, 'These are the clothes of disbelievers, so do not wear them` [Muslim]

mir b. Amr al-Anr said, 'I saw the Prophet deliver the sermon at Mina, on a donkev,
wearing a red cloak, and Al was in front of him repeating [the speech]` |Ab Dawd|.

The above two hadiths cause discussion among scholars as in one red is prohibited while in
the other, the Prophet wore it. It is best to not wear it. Some said that saffron red is
prohibited and not other types of red. Ibn Taymiyyah and others said there is no kiralah
whatsoever, and the Prophet eventually allowed the color red.

In Shaykh Yasir`s opinion: brothers should avoid at least the saIIron red.

Covering the Head

Al-Shib said, '|Customs| change matters Irom something
praiseworthy to something blameworthy, and vice versa. For
example, uncovering the head, for this is an issue that varies
from place to place. In eastern lands, it is something frowned
upon for people of stature [murua], while in Western lands it
is not. Therefore the Islamic ruling on it changes from place to
place, and in Eastern lands, it would be taken into account for
considering someone not worthy, while this would not be the
case in Western lands. |al-Muwfaqt, 2/284].

The Prophet would cover his head at all times in public but he
did so because of the culture of his time. It was the custom of
Arabs to cover their head. There is no authentic hadith in
which the Prophet commanded the people to cover their hair.

Imam Al-Shatibi said in his Al-Muwafaqat: 'Customs change
matters from something praiseworthy to something
blameworthy. For example: covering the heard. This varies
from time to place to culture. In Eastern lands, it is something
frowned upon fro people of stature to walk with their heads
uncovered. In Western cultures, it is not Irowned upon. ThereIore, the ruling changes.

If a brother wants to wear a topi (hat) with the intention to show he is a Muslim, then it is a good
sign and there is nothing wrong with that. But to make it a requirement or sunnah or mustahab
because it is a head covering, then there is no evidence in the Shariah for that.

2 Types of Sunnah:
1. Customs of the Prophet:
This includes the things the Prophet did
because of the time, certain
civilizations, and culture. For example:
mode of transportation, cuisine, form of
houses, and how he dressed.

2. Legislative Sunnah:
This includes religious matter. For
example, the Prophet prayed because
Allah commanded him to do so.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Issue of Isbal

It comes from the Arabic verb sabala which means to proceed down. It is a path or tunnel. The
technical definition is to allow your garments to hang below your ankle.
At the time of the Prophet, isbal was a sign of arrogance and extravagance, something which
Islam forbids. The Arabs in general were poor and owned one piece of cloth. To not get them
dirty, they use to wear them up. The very rich lowered their garments to show they do not care
about it as they have many at home. As a result, it became a sign of extravagance and
luxuriousness and a way to show off their wealth. Due to its practice doing against the basic
Islamic teachings, the Prophet forbade it in numerous hadiths.

Was isbal forbidden because it was associated with pride and arrogance? Or was it
forbidden because of the act itself regardless of the intention?

- If a man practices isbal out of pride: major sin by unanimous consensus.
- If a man practices isbal out of habit/custom and not pride: two opinions
1. Harm [Ibn ajr, Ibn al-Arab, minority in other madhhabs]
2. Makrh [Ibn Taymiyya, al-Nawaw, Standard position oI all 4
madhhabs]. It is better to avoid but will not incur sin if done.

Evidence of the MINORITY POSITION

Ibn Umar narrated that the Prophet said, 'Whoever trails his garment out of pride, Allah will
not look at him on the Dav of Judgment.` Ab Bakr said, 'One of the sides of the garment drags
below [the other] unless I protect mvself against that.` The Prophet said, 'You dont do that out
of arrogance` [Bukhr|.

They say that Abu Bakr did it untentionally and they say that who among you would
even come close to comparing onself to Abu Bakr. Therefore this hadith cannot be used
to allow it.

Abu Hurayra narrated that the Prophet said, 'Whatever is below the ankles of the i:r is in the
Fire` [Bukhr|.

Izar is the lower garment. Ibn Hajar says that this hadith says if you do it out of pride,
Allah will not look at you in the Day of Judgment (1
st
sin) and if you do it out of habit,
then you go to Fire of Hell (2
nd
sin).

According to the minority position, isbal is prohibited unconditionally regardless of the niyyah.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

For some reason this minority position has become the majority position in our
modern world.

Evidence of the MAJORITY POSITION

1. Considering the unconditional adth [mulaq] as being conditional [muqayyad] to
arrogance`.

Their response is that the hadith are complementary and not contradictory. In one hadith
the condition is mentioned (i.e. pride) and in the other it is not mentioned. Therefore you
do not link it. The prohibition is for the pride and not for the garment.

Response to the famous hadith oI Abu Bakr where he said: 'O Messenger of Allah,
sometimes mv garment trails behind unless I guard mvself.` The prophet said, 'You are
not those who do it out of arrogance.`

They say that we are not comparing ourselves to Abu Bakr. Also the Prophet did not
say its okay.you did it unintentionally` but rather he gave Abu Bakr a general
ruledo not do it out of arrogance. Therefore whoever does it without arrogance,
they are not sinful.

In our time, no one wears long pants to show off their wealth. That was customs of
the Arabs back then.

Ibn Umar narrated that the Prophet said, 'Whoever trails his garment, and he only intends
with that pride, Allah will not look at him on the Day oI Judgment. |Muslim|.

Some of the salaf understood that if it was done for a valid reason, it would be
permissible. The garment is not the problem but the pride is.

Cultural significance of isbal. There are many reports from the early scholars that
they would lower their garments.

Once Iman Abu Hanifa was wearing a long garment and his student asked 'aren`t we
not allowed to do that? He said that we are not among those who do it out oI pride.

Ibn Masud is one of the narrators of the hadith of lowering the garment out of pride
and yet he himself would wear garments that went below his ankles. He did this due
to a deformity in his legs which caused some sahabahs to say unkind things to him.
When they did this, the Prophet said, 'Do vou laugh at his legs? Wallahi thev are
heavier in the eyes of Allah than the mountain of Uhud'`

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Iman ShaIi said, 'it is not permissible to let the garment hang below the ankles in
prayer or outside of prayer in order to show off. As for wearing the garment below
the ankles Ior other than this, it is not a big deal.

Imam al-Nawawi said the same.

The student of Ibn Taymiyyah said that it is not haram to lower the garments out of
culture.

The vast majority of scholars consider this prohibition to be something a cultural nature. They
understood the prohibition to be because of the arrogance with the isbal which disappeared by
second generation. By the time of Abu Hanifah, it was clear they wore garments like we do.

The Beard

Allah says:

We have honoured the sons of Adam; provided them with transport on land and sea; given them
for sustenance things good and pure; and conferred on them special favours, above a great part
of our creation. [Israa: 70]. Many of the scholars of old and it is reported from some sahabah
that Allah has honoured the men by giving them beard and women by giving them long hair.

Allah says in Surah Taha, verse 94 that Aaron tells Musa to do not hold on to his beard. Some
scholars say that this is a Quranic evidence that you should grow the beard because Allah
commands us in the Quran to follow the way of the Prophets. This is not a strong evidence.

(Aaron) replied: " O son of my mother! Seize (me) not by my beard nor by (the hair of) my head!
Truly I feared lest thou shouldst say, 'Thou has caused a division among the children of Israel,
and thou didst not respect my word!' "

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

There is no real base in the Quran for beard.

There are clear textual evidences regarding the beard though:

isha narrated that the Prophet said, 'Ten matters are from the fira (natural state): trimming
the mustache, leaving the beard to grow, brushing the teeth, cleansing the nose with water,
trimming the nails, washing the barfim (joints between fingers), plucking the underarm hair,
and shaving the pubes.` One narrator added, 'I forgot the tenth, unless it was. washing the
mouth with water.` [MuttaIaq alayh]

The Arabic Ior trimming the mustache` has been interpreted to mean shaving the
mustache. The Hanafi madhab interprets it as shaving. Both seem to have a basis, so we
should not be too strict about this. It is not allowed to grow a mustache to an unhealthy
amount (i.e. if you are eating, it should not touch your food).

From the hadith we learn that it is natural to have beard because its among the 10 things
from the fitra. Allah meant it that way.

Ibn Umar reported that the Prophet said, 'Be different from the pagans, let the beard grow and
trim the mustache.` And when Ibn Umar would perform ajj or Umrah, he would hold on to
his beard, and whatever descended below that he would remove it. [Bukhr|

We do not have an authentic hadith in which the Prophet himself would trim from his
beard. The hadith in At Tirmidhi is weak. The Prophet had a very large beard and we
know this because the sahabah would be able to tell he was the imam by the movement
of the beard in the prayer.

The Pagans also had beards so the difference was in trimming the moustache.

Now that we know men need to have a beard, what constitutes a beard?

What Exactly is a Lihya (Beard)?

The issue is in the definition of lihya.

Lihya comes from the Arabic word laha (lam-ha-alif) which means the area oI the bones upon
which the teeth grow` (i.e. the jaw bone). Majority oI scholars say the jaw bone is the entire jaw
bone. The minority position says that it is the bone upon which the Iront teeth grow`.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

The difference is not a fiqh issue but a linguistic one.

x All linguists agree that hair on the chin is part of the Arabic word
x Vast majority include hair on the cheekbones as well
x Vase majority also state that the hair below the eyes and on the throat is not a part of the
lihya.
x Difference of opinion regarding hair below the chin and above the throat.

Interview with Shaykh Yasir about the beard:

http://muslimmatters.org/2008/11/24/the-beard-story-exclusive-interview-with -
yasir-qadhi/

People go to extremes regarding the beard and some make it a sign of religiosity and piety while
others consider a trivial matter, and the truth lies somewhere in the middle.

Opinion of Scholars Regarding Keeping a Beard

1. It is OBLIGATORY (Wajib) to Grow a Beard

This was the position of the vast majority of scholars of all times and all madhahib so much so
that some scholars such as Ibn azm declared there to be ifm on this issue. Of those who
narrated ijma is Ibn Hazm who said: 'There is no diIIerence oI opinion that it is wajib to grow a
beard. ShaIi explicitly wrote in his book Al Umm and al-Nawawi in Al Majmu that it is wajib to
keep a beard and haram to trim it.

All agree that it is wajib to grow the beard. However, they differed on whether it is allowed to
trim or not. There are more than 8 opinions. The follow goes in order to severity with the
beginning ones being the strictest):

x arm to trim it in any fashion or form. This is unheard of in the history of Islam until an
esteemed grand mufti of our times popularized it. This is a very solitary opinion.

x Makrh to trim. This is the opinion of the Shafi madhab.

x Permissible to trim more than a fistful only during ajj and Umrah. Some Shafi
scholars said it is mubah to trim with tow conditions: 1) more than a fistful and 2) during
Hajj and Umrah`. Based on Ibn Umar`s actions. **there is a time condition**

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

x Permissible to trim more than a fistful at any time. Standard position of the Hanbali
madhab and Ibn Taymiyyah`s position. They took the ShaIi position but removed the
time condition.

x It is mustahab to trim beyond a fistful. This is the standard position of the Hanafi
madhab.

x Mustahab to trim if it becomes an object of pride and fame (shuhra). This is the standard
position of the Maliki madhab. They did not mention how much but said to trim it to be
normal for your people. In order words that it does not stand out.

x Wajib to trim it after a fistful. This is completely unheard of in classical and medieval
Islam. It was popularized by a noble and erudite scholar of hadith who lived in the region
of Syria and for much of the 80s, the biggest debate was whether it was waj ib or haram
to trim, both of which are shadh position.

We have two different scholars saying the exact opposite: one say it is wajib to
trim and the other says it is haram to trim. Both of these positions are
unknown in classical Islamic times.

x Permissible to trim to a 'reasonable length. The very Iact that there is no real dald for
any one position and there is ikhtilaf, then as long as they have something this is lihya,
then it is fine. In other words, the Shariah did not say how long or how much to grow. It
just said to grow a beard. Thus so long as you look at it and it looks like a beard, it is fine.
This is the standard position of the Maliki madhab. However, they did not want it to be
an object of attention.

The pencil line mark (chin stap) or two day stubble does not qualify as a
beard.

2. It is RECOMMENDED (Mustabhad) to Grow a Beard & Shaving it
Completely is Makruh (and not Haram)

This is a minority position with ShIi school; ascribed to al-Ghazl, al-Nawaw, and al-RIi,
and these three are considered the main pillars oI the modern ShIi school.

This is the standard position of Modern Shafis. It is the position that is propagated by the
scholars of Al Azhar University. Because of this fatwa,the masses think that growing a beard is
simply a sunnah. Classical Shafs clearly said it is haram including Imam Shafi and Imam al-

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Nawawi, who is the primary architect of the Shafi madhab. Modern Shafis say: this is the
position of al-Ghazali and al-Rafi who are two of the three architects of the Shafi madhab, with
the third being al-Nawawi. The fatwa from Al Azhar says that al-Ghazali and al-Rafi said it is
makruh, and the fact that they said it is makruh overrides the opinion of Imam Shafi because they
are the medieval scholars who came late on.

In Shaykh Yasir`s limited research, he found the quotes of al-Ghazali and al-Rafi is talking about
the trimming of the beard and not shaving the beard.

Therefore, in Shaykh Yasir`s humble opinion (and he is not an expert in the Shafi school), this is
an accidental misinterpretation. Nonetheless, because the majority of Muslims believe it is
sunnah to grow the beard, Allah will judge them on the Day of Judgement based upon their
knowledge and not your knowledge: therefore, do not be harsh on brothers without beards.

Etiquettes of the Beard

The Prophet use to oil and comb his hair to make sure it was in a healthy state. Therefore it is
sunnah to kept a well kept beard.

A man came to the Prophet with unkempt hair, and the Prophet asked if he had wealth, to which
he replied yes. The Prophet said that Allah loves to see the effects of it on your body. Allah is
Jameel and loves beauty.

It is makrh to pluck white hair.

Harm or makrh to dye with black without a valid reason. A valid reason would be right before
a battle.

It is sunnah to dye white beards with enna or other non-black colors. When the Prophet
conquered Makkah, Abu Bakr brought his father Abu Qahafa, who was an old man and had been
an ardent enemy of Islam for the previous twenty years and opposed the Prophet publicly. Abu
Bakr brought him in front of the Prophet while he was still a mushrik at the time. He was an old,
frail man, and the narrator said his hair was as white as a pigeon. The Prophet was gently with
him and smiled and joked with him. He said to Abu Bakr, 'why didn`t you leave the shaykh (old
man) at home? It was more beIitting that I go and visit him. When such kindness was showered
on him, Abu Qahafa accepted Islam. As he was leaving, the Prophet told the women around him
to change the color of his hair but make sure it was not black.

Black would be makruh and some scholars has even said it is haram.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Other Guidelines

1. Imitating the OPPOSITE GENDER

Ibn Abbs narrated that the Prophet cursed men who imitated women, and women who imitated
men [Bukhr].

In another version, he cursed al-mukhanithn (women who trv to be like men) and al-mutaraffilt
(men who try to be like women) [Ahmad].

The beauty of our religion is that it comes with guidelines and not examples. For example, men
should not be like women (a guideline) but what exactly does it mean to be a man or a woman is
not told to us. Imitation of opposite gender is a cultural bases. What might be imitation in 2010
might not have been in 1990. Therefore, the ruling on specific dress and jewelry varies from time
to place to culture.

For example, some fatwa has claimed that it is haram for women to wear pants in front of her
mahram because it imitates men. This imitation might be imitation in their culture but not in our
culture (West). We clearly have different pants for women and men. Therefore it is okay to wear
pants in front of mahrams.

What constitutes imitation?

In our religion, there are certain things that are clearly imitation of the opposite
gender, certain things that are not and in between remain gray areas. Therefore we
are not allowed to pass verdicts. Skirts are imitation. Earrings for men are in the
middle. Pendants and bracelets are also in the grey area.

In Shaykh Yasir`s opinion: to see masculinity, you look at the respected people oI the
society. The Sariah does not tell us what masculinity is and what is not and there is a
lot of cultural differences as well. Things change over time and place and culture.
See what the noble, respectable gentry are doing.

2. Imitating OTHER CULTURES

Ibn Umar narrated that the Prophet said, 'Whoever tashabbah (imitates) any nation is
considered to be one of them` |Ab Dawd|.

Abdullah b. Amr b. al- came to the Prophet wearing two saffron-dyed garments. The
Prophet said, 'These are the clothes of disbelievers, so do not wear them` [Muslim].

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

It is a cultural fatwa meaning that what might be imitation for them is not necessarily imitation
for us.

What does imitating the kuffar mean? Did the Prophet come with a fashion
revolution when he started teaching Islam? Did he bring a new fashion or wore the
clothes of his own people?

When the Prophet dressed up, he dressed up according to the way the Arabs of his
time did. He use to tell his people (at the time) not to go beyond their people (i.e.
the Arabs of Makkah).

Moreover, if a group converted in Rome, they were not expected to adapt to the
Arab culture.

In our time, most immigrant are not fully East or West. We are carving our own culture which
will slowly become a part of our culture. Dressing in a pant and shirt or suit and tie is dressing up
to the norms of our culture. It is not imitating anyone else. However if an Arab dresses this was
in Arabian land, that would constitute as imitation.

Is it permissible to dress up in a Iashionable manner and to look 'cool?

It is permissible to dress up in accordance to your culture of your times. Ibn Al
Qayyim`s position is that it was sunnah of the Prophet to dress in accordance of the
culture of the people of his time.

Imitating Clothes of the Prophet?

Example: Do you get more reward if you wear a thawb or a kufi?

Majority of scholars say there is no clothing that is more Islamic than the other. Should a person
claim to imitate the dress of the Prophet, they should also give up their cuisine and live like him.
The Prophet did certain things because of his culture, time, and place he lived in. To think it is
more blessed is like picking and choosing. Moreover, the fancy thawb worn today is not what the
Prophet wore.

Ibn Al Qayyim said, 'The custom oI the Prophet with regards to clothing was that he would wear
whatever Allah had facilitated from him of the clothes of his people, so he would wear a qamis, a
turban, an izar, a shawl, etc. And he would wear cotton and wool. And other garments and he
would also wear that was imported from Yemen and other lands. So his sunnah actually
necessitates that a man should wear whatever Allah has facilated fro him in his land, even if it be
more luxurious (than this). |Zad al-Maad, 1/143]

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

,VUI vs. Zuhd .

Abdullah b. Umar narrated that the Prophet said, 'Whoever wears thawb shuhra in this
world, Allah will place on him thawb madhalla on the Day of Judgment and then cause him to
enter the Fire` |Ab Dawd|.

The Prophet said, 'Do vou not hear'? Do vou no hear?' Al-Badhdha (living a simple life) is a
part of faith, al-badhdha is a part of faith` |Ab Dawd|. In the end oI the day, it`s all about
the Hereafter and not this world.

Israf means extravagance and going above and beyond your means. It is related to status. What is
israf for one person may not be israf for someone else. For example, a middle class buys a Ford
car with loans and a doctor buys the same car. The middle class person is committing israf
becaue it is beyond what he can normally afford.

Zuhd means asceticism and living a simply life.

Islam discourages israf and encourages zuhd.

Allah says:

Worship Allh and join none with Him in worship, and do good to parents, kinsfolk, orphans, Al-
Maskin (the poor), the neighbour who is near of kin, the neighbour who is a stranger, the
companion by your side, the wayfarer (you meet), and those (slaves) whom your right hands
possess. Verily, Allh does not like such as are proud and boastful ;[An-Nisaa: 36]. Therefore to
make a statement with your clothes in a manner that is extravagance and looks down upon others
would be haram.

The best of zuhd is when the Prophet was given a fancy outfit but his heart was not attached to it.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

0XUD vs. Shuhra .

Murua means to have a dignified appears and shuhra means dressing in a very ostentatious
manner. In other words the garment is flashy and meant to grab attention to oneself. Our
religion encourages murua and discourages shuhra.

In Shaykh Yasir`s opinion, we need to make a point in North America to practice murua. We
need to give a respectable appearance to show integrity, honesty, and a person who looks and
acts in a good manner. The extreme is shuhra and becoming tacky and flashy.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Modern Dilemmas

Post-Feminist Western World VS Ideal Islamic Paradigm

We are living in a post-feminist western world and are trying to resurrect ideal utopian Islamic
paradigms. How tradition can you be when society around you has lost all sense of orthodoxy?
We live at a time when it is correct to say that never in the history of humanity have the gender
roles been as they are now. It is impossible to stand still when everything else is moving. The
question is: to what level are you going to conform and to what level are you going to fight and
compromise?

The feminist movement has gone through three primary phases.
x Phase 1 began in the last 19
th
century and reached its pinnacle in the 1920s and focused
on the right of women to vote. There is nothing un-Islamic at all. The Prophet asked his
wives for opinions on certain things.
x Phase 2 began post World War II and reached its pinnacle in the 1960s and 70s and
focused on sexuality and to a lesser extent equal opportunities and education.
x Phase 3 began in the 1980s and reached its pinnacle in the 1990s and is still continuing
now and focuses on equal employment opportunities for women.
x Since 1960s, we have female Islamic feminist start calling out for same rights as men

We are living in a society, land, area where gender interactions are so radically different than the
way that they should be. It is politically incorrect to say that men and women are different.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Allah created men and women differently, and it is not a matter of superiority. It is a matter one
of having some skills and the other having different skills. There is no comparison and
competition.

Allah says:

Then when she delivered her [child Maryam (Mary)], she said: " O my Lord! I have delivered a
female child, " - and Allah knew better what she delivered, - " And the male is not like the
female, and I have named her Maryam (Mary), and I seek refuge with You (Allah) for her and
for her offspring from Shaitan (Satan), the outcast. " [al-imran:36]

And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is
not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and
the Last Day. And their husbands have the better right to take them back in that period, if they
wish for reconciliation. And they (women) have rights (over their husbands as regards living
expenses, etc.) similar (to those of their husbands) over them (as regards obedience and respect,
etc.) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is
All-Mighty, All-Wise. [al-Baqarah: 228]. This means that men have a degree over women. This
means that in certain regards only, men have more privileges over women such as divorce.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

History of Hijab Legislation

Historically, all Shairahs were obliged to cover their heads and the body. For example, Orthodox
Jewish women. Even they have levels of covering: snood, tichel and wigs. Similarly, all
observant Christian nuns of the Roman Catholic and Eastern Orthodox churches dress in a
conservative fashion.

4 Every man who prays or prophesies with his head covered dishonors his head. 5 And every
woman who prays or prophesies with her head uncovered dishonors her headit is just as
though her head were shaved. 6 If a woman does not cover her head, she should have her hair
cut off; and if it is a disgrace for a woman to have her hair cut or shaved off, she should cover
her head. 13 Judge for yourselves: It is proper for a woman to pray to God with her head
uncovered? 14 Does not the very nature of things teach you that if a man has long hair, it is a
disgrace to him, 15 but that if a woman has long hair, it is her glory? For long hair is given to
her as a covering, 16 If anyone wants to be contentious about this, we have no other practice-
nor do the churches of God. [I Corinthians 11:3-6]

The Primary Verses Dealing with Hijab

Hijab came down in Dhul Qi`dah in the 5
th
year of hijrah. It was one of the last laws to be
revealed after salah, zakah, and fasting and marriage laws (which came down in the third and
fifth years). This shows that we have to look at the prioritization. In other words, when we give
dawah to people, we start off with prayer and not hijab.

There are only two verses that deal with hijab. First came Surah Al Ahzab and then Surah Nur.

AHZAB: 59 .

O Prophet! Say to your wives, your daughters and the women of the believers that they let down
(vudnn) over themselves their over-garments (falbb); this will be more proper, that they may
be known, and thus they will not be given trouble; and Allah is Forgiving, Merciful.

Yudnin comes from the ver dana, a verb commanding women to bring something close to
themselves. What should she bring close? The jilbab. In other words the women have to cover
herself with her jilbab. Jalabib is the plural of jilbab, which comes from jalaba that means to

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

pull something from one place to another. Therefore, a jilbab is a garment used to pull from one
side to another.
From classical dictionaries (Lisan Al Arab), the definition of jibab is: a type of qamis, a garment
bigger than a head scarf but smaller than a lower garment, something that a woman covers her
head and chest with, a sheet that a woman uses above her clothes, a khimar.

Why does Allah want the wives of the Prophet to cover? This is so that they are not given
trouble.

The purpose of jilbab is to draw attention but a positive attentionyou should be known as a
Muslim woman. People will look at you with good attention; not with lust.

Key points: women must make a conscious effort to cover themselves and they need to cover
themselves with the jilbab (the word in the Quran).

An Nur: 31 .

Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! Allah is
aware of what they do. And tell the believing women to lower their gaze and be modest, and to
display of their adornment only that which is apparent, and to draw their veils over their
bosoms, and not to reveal their adornment save to their own husbands, fathers, husbands
fathers, their sons, their husbands sons, their brothers, their brothers sons or sisters sons,
their women, or their slaves, or male attendants who lack desire, or children who know naught

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

of womens nakedness. And let them not stamp their feet so as to reveal what thev hide of their
adornment. And turn unto Allah together, O believers, in order that you may be successful.

Lowering the gaze and guarding ones private parts is obliged by both genders.

They should not display their zinah (anything that is attractive or anything that will draw
unwanted attention). The verb za-ha-ra is not ascribed to anything (no subject unlike yudin
which has a subject) because it is being done out of one`s control. Misusing that which is in your
control is not forgiven but what is not in your control, you are not responsible for. It is narrated
that after the verse of hijab came down, Safiyyah walked outside in full hijab and Umar said that
he recognized her. Safiyyah went home upset and the Prophet said that Allah has allowed you to
leave your houses if you need to. The verse tells us that a woman has to cover as much as she can
and what is beyond her effects is forgiven.

'Let them draw their khumur over the fuvub.` khumur comes from the verb khamara. The
plural of khumur is khimar. The khumur makes the intellect to disappear and the khimar is that
which physically covers the head (i.e. a head scarf). Therefore the Quran specifically mentions
that the hijab is obligatory. Juyub is the plural of j ayb which is a slit or an opening which is why
a pocket is called jayb. It is the slit that you open to put your head in. Allah is saying take the
head scarf and use it to cover the upper chest area. Women of jahileyya would cover their head
but will expose their bosom but Allah says to cover the bosom as well.

In the one case, Allah says 'let them not reveal their adornment except.. Two phrases are
exactly the same, except after on phrase there is a long list of mahrams. This shows that there are
two levels of hijab that a woman has:
1. Hijab in the public
2. Hijab in front of mahrams. When in front of mahrams, she does not need to wear her
scarf.

In some cultures, women wear ankle bracelets. Allah did not say not to wear it but said to walk
in a manner that does not draw undue attention. In North America, we have high heels that draw
more attention as it makes the woman walk in a certain way. If Allah is telling women not to
draw attention to herself with sound (which is the least of the sensitive senses) then what about
smell and sight?

These two verses in the Quran mention two different clothing items. The first verse mentions
something called a jilbab, and the second verse mentions the khimar. Therefore, this shows us
that there are two items that a woman needs to wear in order to fulfill the requirements of the
hijab.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Was hijab only for the wives of the Prophet?

The answer is yes and no. It depends what the questioner is asking for because there are
two meanings of hijab: the classical usage and the modern usage. The classical usage was
restricted to the wives of the Prophet and the modern usage is universal. Notice in the
verses quoted, Allah does not mention the word hijab but mentions khimar and jilbab.
Hijab is mentioned in reference to the wives of the Prophet. Allah says:

O you who believe! Enter not the Prophet's houses, except when leave is given to you for
a meal, (and then) not (so early as) to wait for its preparation. But when you are invited,
enter, and when you have taken your meal, disperse, without sitting for a talk. Verily,
such (behaviour) annoys the Prophet, and he is shy of (asking) you (to go), but Allh is
not shy of (telling you) the truth. And when you ask (his wives) for anything you want,
ask them from behind a screen (hijab), that is purer for your hearts and for their
hearts. And it is not (right) for you that you should annoy Allh's Messenger, nor that you
should ever marry his wives after him (his death). Verily! With Allh that shall be an
enormity. [Al-Ahzab: 53]

The usage of hijab in the Quran is different from the modern usage. In the Quran, it literally
means a curtain or screen. Their level of hijab was a degree higher than that required by other
Muslim women. In the Battle of Camel, Aisha was in a tent on the camel and was not seen. This
curtain is a requirement only for the wives of the Prophet. In modern usage, however, the word
hijab means head scarf.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

Benefits of Hijab

1. PURITY of Heart

Allah explicitly says in Surah Al-Ahzab, verse 53 that 'when you ask (his wives) for anything
you want, ask them from behind a screen (hijab), that is purer for your hearts and for their
hearts.`

Evil thoughts do not come to you when the woman is covered up properly. The hijab protects the
woman`s own intentions as well since it has an inner impact that will ease the dealing with the
opposite gender easy.

2. Sign of CHASTITY

Allah explicitly says in Surah Al-Ahzab: 'This is better that they are recognized and not
irritated. The hijab is a sign and is meant to draw attention however without evil thoughts.

3. Promotes HEALTHINESS in Marriage

The average male would have Iound the average woman attractive iI it wasn`t Ior the exposure oI
women on television and advertisements and if men did not compare women to the women seen
on television. We are facing a major crisis of marriage and the divorce rates in America are
skyrocketing.

4. Increases MODESTY

Modesty is a branch of iman. The less hayyah a person has, the less covered they are. Your outer
clothing is a sign of your inner iman. Allah has connected taqwah with physically covering
oneselI when He says: 'cover vourself and the covering of taqwah is better`.

5. CURBS Perverted Behavior

There is a direct link between increased sexuality and increased nudity. The percentage of
homosexuality in our times is related to the increase in nudity. We are desensitized to nudity that
it is a problem and leads to perverted behavior and leads to the unnatural.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

6. Protects the NATURAL beauty of Women from Being Exploited

The Shariah does not want to abuse women. It gave women freedom by freeing them off the
lusts of men. In the West, the name of freedom has been used by women have become slaves to
men and products.

7. Part of the INNER Beauty of Women

It brings out the chastity and modesty of women. There are two types of beauty: inner and outer.
Hijab shows the inner beauty of iman. The Story of Yusuf: When Yusuf did not fall prey to the
desires of women and showed himself to be chaste, be became even more handsome to them.

One of the characteristics of the hoor al ayn is that they are women who have been separated and
taken away from the eyes of men in their tents. They are women who are sequestered.

Requirements of Woman`s Hijab

1. It does not DESCRIBE the Body, either through Tightness or Transparency.
Hence it must be think and loose

Ab Huravra narrated that the Prophet said, 'Two groups of Hellfire I have vet to see . and the
other are women who are clothed yet naked, milt mumlt, their heads will be like camel-
humps. They shall not enter Jannah, nor even smell its fragrance, even though its fragrance can
be smelt for such and such a distance` [Muslim].

The Prophet did not see these women yet. 'thev are clothed vet naked` means that transparent
and tight clothing that describes the contours of the body is not considered hijab as it exposes the
awrah. Hadith in Abu Dawud: 'Tell her to wear a garment under this cloth because I am
worried it will still describe her bodv.`

This shows that simply covering the awrah is not sufficient because it has to be covered in a
loose manner.

The worst of women are those who draw attention to themselves and teach other women to draw
attention to themselves. They are the role models of evil.

2. That it not be EYE-CATCHING in and of itself

The purpose of hijab is to draw attention but that attention should be that of lust. To make a
fashion statement with the hijab is incorrect. Hijab is to be simply and not flashy.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

But what is flashy? The Shariah came with the guidelines and not specific rules.
Therefore you have to use your better judgement to label what is flashy and what
is not. What is eye-catching varies from culture to culture and place to place. For
example, Saudi women wear all black outside. So if a woman wears a pink hijab, that
is being flashy and drawing attention. However, in North America, there is a blending
of many cultures and we consider it acceptable to wear different colors.

Note: There is no one color that is required or preferred in Islam. The point is
that it not be eye catching in and of itself.

3. That it CONFORM with the General Etiquettes of Clothing (gender-
specific, not imitating others; not libas shuhra)

The same issue that apply to men, apply to women in terms of it not imitating the kuffar and
opposite gender. Some people assume that the proper hijab is the Saudi hijab but that is not true.

4. That it COVER the Women's awrah

There are three situations that a woman has to take into account:

1. In public in front of non-mahram men. All schools of law, even the Shai say that the
woman`s entire body is awrah except the hands and face. Some minority of scholars
allow the feet but majority say the feet is part of awrah as well.
The issue oI the Ieet being the awrah: The Hanafi madhab says that the feet are not
awrah and the other three madhahib say that the Ieet are a part oI the awrah.
There is nothing very explicit in this regard. When Umm Salamah heard the hadith
of men covering their ankles, she asked if it applied to women, and the Prophet
said, 'Let her lower one hands length below men`s, she said, 'The the Ieet will be
exposed? The Prophet said, 'Then let her increase it by an arm`s length. It is clear
that it is better to cover their feet.

2. In front of her mahram male-relatives (father, brother, uncle, etc). Scholars say that there
does not seem to be a precise ruling about what is allowed in front of mahram men.
Nothing specific has been found in the Shariah. Therefore we have to look at the culture.

3. Women in front of other women. This is the same as men in front of men: navel to knee.
It is not allowed to wear tight clothes even in Iront oI other women because the awrah
has to be covered. When it comes to Muslim women in front of non-Muslim women,

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

there is no diIIerence. Jewish women use to come to Ayisha`s house and she would not
cover up.

5. That She Wear an OUTER GARMENT Over and Above the Regular
Clothes (jilbab)

The concept of jilbab is not that common among the sisters. Many sisters think that the jilbab is
optional. Every society and culture has formed its own acceptable form of hijab and jilbab.

Evidences for Jilbab
1) O Prophet! Say to your wives, your daughters and the women of the believers that they
let down (vudnn) over themselves their over-garments (falbb); this will be more
proper, that they may be known, and thus they will not be given trouble; and Allah is
Forgiving, Merciful. [Azb: 59|

Allah clearly mentions jalabib in Quran which is the plural of jilbab.

2) Allah says:

And as for women past child-bearing who do not expect wed-lock, it is no sin on
them if they discard their (outer) clothing in such a way as not to show their
adornment. But to refrain (i.e. not to discard thei r outer clothing) is better for
them. And Allah is All-Hearer, All-Knower.[An Nur: 60]

Allah is saying that the old woman can take a cloth off (and of course that cloth is
the jilbab). Therefore the young ladies must have a garment that the old ladies do
not have to.

3) The Prophet commanded women to attend Eid, at which one woman said, 'O Messenger
of Allah! Some of us do not have a filbb, so can we remain home?` To which the
Prophet said, 'Let her sister share her filbb with her` [al-Bukhr|.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

This shows us that the jilbab must be worn outside the house, so when the Prohet
says to pray Eid outside, they asked about those who do not have jilbab. Women
should go for Eid properly dressed.

How do you share? One of the meaning of jilbab is a large cloth so the Prophet is
saying find a sister that has a large cloth and go under it.

This raises a number of questions and issues:

1. The prochlogical impact for many sisters who have been wearing a headscarf but have
not been wearing a jilbab: they are now told that a jilbab is a requirement of Islam and
there is no doubt that this will hit them in a very personal manner. We are very proud of
these sisters for wearing the hijab and are asked not to feel bad that you have not been
doing the job However, the fact of the matter is that our religion does require a little bit
more. The khimar is the more difficult, and the less difficult is the jilbab. It is a
requirement clearly found in the Quran and Sunnah.

2. What is minimum jilbab? One that is larger than a headscarf and smaller than a lower
garment. The jilbab is the headscarf. A large headscarf constitutes the jilbab and kimar
together. The Shariah does not say how long it has to be but it is better if it comes down
at least to the knees.

3. Brother are too often overly obsessed with what sisters are and are not wearing. Lower
your gaze! It is not your job to give dawah to strange sisters about hijab or jilbab unless
she is your wife and to a lesser extent your sister. Let other sisters do that job.

4. Sisters who are wearing proper hijab and jilbab should not be overly harsh on thsoe who
are not. You will not win converts through harshness and arrogance. Set a good example
and be a role model. Be their friend before prodding their hijab and jilbab. Simply fiqh of
dawah: win thier hearts before you win their minds.

Issue of Niqab

Was in practice from earliest times, but is it obligatory? It is not an invention into the religion or
something the Persians has added but has existed in the beginning. This is one of the those issue
that there is intra-madhab debates. This shows the fact that niqab has always been a controversial
debate in terms of its wujub.

The niqab can also become a sex symbol if misused.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

First Set of Evidences: OBLIGATORY

1) From the Quran: 'Let them lower their khimar over their fuvub.` In their opinion, this
means the niqab.

2) 'Let not the women in irm wear the niqb or gloves` [al-Bukhr|. This means that
outside of Hajj they would be wearing it.

3) Aishah narrates, 'Travelers would pass us bv while we were riding with the Prophet
during Hajj. So when they approached us, we would lower our filbb from our heads
over our faces, until thev passed us, after which we would lift it off` |Ab Dawd|. The
wives of the prophet understood that they have to cover their face even if they are not
wearing nijab

Second Set of Evidences: Mustahab and Not Obligatory

1) adth oI Asm, 'O Asm' When a woman comes of age, nothing should be seen of her
except this and this,` and he pointed to his face and hands. |Ab Dawd|. There is a
huge issue if it is authentic hadith or not.

2) adth of Jbir that on the Dav of Eid the Prophetwent to the women to give them a
lecture [.until he said], 'So a woman stood up, from the middle of the gathering, with
dark cheeks, and asked.` [al-Bukhr|. So how would Jabir know she had dark cheeks if
she wore nijab? This shows that some women did not wear it.

Q
M
a
j
d
:

J
a
n
u
a
r
y

2
0
1
0

ifb is a total concept, a way of life, not just a piece of cloth. A lifestyle that a woman chooses
to overtake.

If a sister chooses to wear the hijab but does not act on it, then she is not fulfilling the ruling.

Shayn`s earliest plot was to expose the nakedness of our parents, and cause them to eat
impermissible foods.

'The best oI all deeds is to bring happiness to other Muslims: by covering his nakedness, or
satiating his hunger, or IulIilling any need oI his |al-Mundhir|.

This is what Shayn did and he will continue to do!

Be sure to tell your friends about Majd Scribes! Join in on the action:
majd.scribes@gmail.com. Jazakallahu khairun for reading.

January 2010 - Toronto, Canada: Precious Provisions

Diunggah oleh

Informasi Dokumen

Judul Asli

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

January 2010 - Toronto, Canada: Precious Provisions

Diunggah oleh

Hak Cipta:

Format Tersedia

1 Precious Provisions

Anda mungkin juga menyukai