The Book of Ritual Purification (Tahara) - كتاب الطهارة من الحدث.
Book of Removal of Impurities
|Section:||The kinds of impurities|
|Topic/Issue:||182 - Carrion and dead sea animals -- |
|Imam Malik||Carcass of bloodless creature and dead sea creatures are clean||The verse 5:3 is general which is intended for particular. The narration of Abu Huraira (RA) shows the cleanliness of flies, and there is no underlying reason for this except that they are bloodless|
|Imam Shafi||Carrion of bloodless creatures is impure unless it was something that its not carrion like warms and what is produced in eatables. Dead sea animals are clean|| The narration of Abu Huraira (RA) is specific to flies. If blood had been the cause of prohibition of carrion, the prohibition of eating dead animals would not have been lifted by slaughter. The prohibition of the blood still remaining in it and which has not been eliminated yet would have subsisted and permissibility would have only applied after complete exhaustion of blood from the animal.
Dead sea animals are excluded based on the narration from Jabir (RA) and also narration from Abu Huraira
|Imam Abu Hanifa||Carrion and dead sea animals are impure, excluding bloodless carrion||Imam Abu Hanifa preferred the general meaning of the verse 5:3 over the tradition from Jabir (RA) either because verse is definitive and tradition probable, or he held that this was an exemption for them or because he held that the whale had died due to a cause, which was the turbulence of the sea that thew it out on the shore, as carrion is that which dies of its own without an external cause|
|Evidences :||1 - Quran [5:3], 2 - Sahih Muslim [# 673], 3 - Sahih Muslim [# 4757], 4 - Sunan Abi Dawud [# 83] [Hide/Show]|
|Last Updated:||2010-06-12 |
<< Back to List of Issues
|Please Help Us Spread the Word. Press LIKE.|