Hirr (the cat: purity, sale, damage and eating)

هِرّ

Hirr in the lexical sense is the male cat, with hirra for the female; it is a species of the feline family. ¹ The majority (Hanafis, Malikis, Shafi'is and Hanbalis) hold the cat pure, on the Prophet ﷺ's words that it is not impure and is among those who go about you; a Hanafi view, that of al-Tahawi, holds it impure. ² Its remnant (su'r) is pure. ² Its urine and dung are impure in the sounder Hanafi narration, and impure for the Malikis and Shafi'is. ² ³ Most jurists allow its sale as a pure animal of use; the Shafi'is limit that to the domestic cat, and some scholars, including Abu Hurayra (may God be pleased with him) and Mujahid, dislike it, citing the report of Jabir on the price of the dog and the cat. ³ ⁴ The Hanbalis and the sounder Shafi'i view hold the owner liable for damage a habitually destructive cat causes. ⁴ On killing an attacking cat, the Shafi'is permit killing only when no lesser repulse works; a habitually harmful cat may be killed according to some Shafi'i and Maliki views. ⁵ ⁶ Eating its flesh is forbidden by most Hanafis, the Hanbalis in the sounder view and some Malikis, and allowed by some Shafi'is. ⁶

Summary

Hirr is the male cat, with hirra for the female; it is a species of the feline family. ¹

Purity and remnant

The majority of jurists hold the cat pure, on the Prophet's words that it is not impure and is among those who go about you; a Hanafi view, that of al-Tahawi, holds it impure. ² Its remnant is pure. ² Its urine and dung are impure in the sounder Hanafi narration, and likewise for the Malikis and Shafi'is. ² ³

Sale

The majority allow its sale as a pure animal of use; the Shafi'is limit this to the domestic cat. ³ Some scholars dislike its sale, among them Abu Hurayra and Mujahid, citing the report of Jabir on the price of the dog and the cat. ⁴

Damage it causes

If a cat destroys a bird or food, its owner is liable, according to the Hanbalis and the sounder Shafi'i view, when such habits were known. ⁴

Killing an attacking cat

The Shafi'is allow killing it only when killing is the only way to repel it, and otherwise require the lightest repulse first. ⁵ Some jurists allow killing a cat whose harm goes beyond the habit of cats and recurs. ⁵ ⁶

Eating it

Most Hanafis and the sounder Hanbali view forbid eating its flesh; some Shafi'is allow it, and the Malikis dislike it in one view. ⁶

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16519

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16520

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16521

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16522

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16523

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16524

Hawam (creeping things: their sale, eating and killing)

Hawam is the plural of hamma, a creature with venom that kills, and sometimes used of harmless insects. The jurists agree in general that the sale of creeping things with no benefit is not valid: the Hanafis, Shafi'is and Hanbalis hold that their sale does not conclude, while the Malikis hold them pure, and the sale of anything pure and useful is valid. The Shafi'is and Hanbalis permit the sale of bees, as do the Malikis, and the Shafi'is require that delivery be possible. Some jurists permit the sale of silkworms and their eggs before they move, since they are pure and yield silk. Most jurists forbid eating creeping things, while the Malikis allow all kinds of insects. Killing them is generally permitted outside the Sacred Precinct and for those not in ihram.