Burning (ihraq)

In jurists' usage ihraq is the fire's removing a thing entirely, or its effect on a thing while it remains, as in branding and roasting. ¹ If ground stained with an impurity is dried by sun or fire and its trace is gone, prayer on it is lawful according to the Hanafis. ² Using the fat of carrion to light a lamp is forbidden according to the Hanbalis and the apparent Hanafi view. ³ Whatever is burnt to ash may not be used for tayammum, by agreement. ⁴ On praying over a body burnt beyond washing the jurists differ: Ibn Habib, the Hanbalis and some Shafi'is allow it, while the Hanafis, most Shafi'is and the Malikis forbid it. ⁵

If a usurped thing changes by cooking, roasting or manufacture, the Hanafis and Malikis hold that the owner cannot recover it, and the usurper owes its like or value. The Shafi'is, the Hanbalis in their school, and a view of Abu Yusuf hold that the owner's right is not ended. ⁷

The Malikis allow throwing fish alive into fire to roast it, and the Shafi'is in the sound view allow burning bones; Ahmad disliked roasting fish alive but not eating it, and allowed roasting locusts alive. ⁸ Cautery for treatment without need is forbidden, because it is punishment by fire. ⁸

If the enemy can be subdued it is not lawful to burn him, by agreement, on the report of Hamza al-Aslami. ⁹ What Muslims cannot carry away, such as weapons, goods and beasts, is burnt so that the enemy gets no use of it; animals are slaughtered before burning. ¹⁰

Jurists differ on burning the goods of one who concealed part of the booty. The Hanafis, Malikis, Shafi'is and al-Layth do not burn it, on the report of the hair-rope, and because burning goods is wasting property. ¹¹

An animal is not burnt, nor the concealer's clothing or weapon or provisions; a usurped part of the booty is not burnt. Books of hadith and knowledge are not burnt, since their benefit goes to religion. ⁶