Halal and haram
Family: Food · 44 entries
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Akl (eating: lawful food and manners)
Eating is part of the faith: forbidden food is warned against, and the forbidden foods are known from the text and the Sunna. Eating has rulings that vary by need: obligatory up to what keeps life, required for prayer and fasting, recommended for earning and learning, permitted up to satiety, and forbidden beyond it. It is recommended for the one who sacrifices to eat from his sacrifice; the jurists differ on a sacrifice that was vowed. For expiations the Shafi'is and Hanbalis require transfer of ownership, while the Hanafis accept enabling the needy to eat. Manners include saying the basmala, eating with the right hand and from what is nearest, not blaming food, and not reclining while eating. A person in necessity may eat the forbidden only enough to keep alive. Eating from another's orchard or field without leave is allowed only under conditions.The divine method: commands and prohibitions
Sha'rawi holds that the first lesson of the divine method for humanity is command and prohibition, that what is permitted in the revealed method is abundant and what is forbidden is little, that forbidding approach to the unlawful protects better than forbidding the act alone, and that wronging oneself is giving the self a passing desire that deprives it of lasting bliss.Prohibition of misappropriating spoils (ghulul)
A strict legal and ethical prohibition forbidding the misappropriation of spoils before equitable distribution; emphasized by the Prophet at al-Ji'rana holding up a tuft of camel hair and warning that ghulul brings disgrace and fire on the Day of Resurrection even down to a needle and thread.Hadi (the whitish fluid before childbirth: its ruling on ablution and purity)
Hadi, in the technical sense, is a term of the Malikis: a whitish fluid that comes from a pregnant woman near childbirth; some define it as a fluid coming at the birth or at a miscarriage. It differs from madhi, wadi, semen, menses and postpartum bleeding in its outflow from the womb, and menses requires bathing while hadi does not. The Malikis have two views on whether hadi breaks ablution: the accepted one says it does, the other says it is nothing, since it is not habitual. The Malikis hold hadi impure, and the Hanafis, Shafi'is and Hanbalis agree on the impurity of what comes from a pregnant woman before the birth.Hadm (demolition, real and legal)
Hadm in the lexical sense is tearing down a building, destruction or collapse; the technical sense does not depart from this. It is of two kinds: real demolition of a structure, and figurative demolition of something else, such as a contract, meaning annulment. Real demolition is required in several cases: a church built by People of the Book in a city the Muslims founded, a building within a river's buffer, a projecting structure over a public road that harms passers-by (the judge orders it removed), and a leaning wall, whose demolisher bears no liability. Real demolition has legal effects: demolishing a mosque wall obliges its restoration, a buyer who demolishes part of the house confirms the sale, and one who demolishes a house decorated with figural images owes its value. The figurative case is triple divorce: a woman divorced three times returns to her husband, after another marriage, under a new marriage, the earlier divorce being demolished.Hady (animal offered to the Sacred Precinct)
The hady, in lexical and legal usage, is the animal (camel, cow or goat) brought to the Sacred Precinct and slaughtered as a devotion during the days of sacrifice; it is distinct from the udhiyya and the aqiqa in time and place. It falls into voluntary hady (recommended for one performing the rite, or one who sends an animal without going), obligatory hady for thanks (imposed on the tamattu' and qiran pilgrim), hady for compensation, and hady of vow. The rider may ride it when needed without harm, though the Malikis dislike riding without necessity; an obligatory hady may not be sold, leased or used, and a donor may not eat from it except in the cases the jurists list. The best animal is the camel, then the cow, then the sheep.Halak (destruction of property and its legal effect)
Halak in the legal sense is the loss of a thing's intended benefit, whether or not it survives, and it is also used of death. If a sold article perishes before delivery it is at the seller's risk; if it perishes with the buyer and a defect is later found, the buyer recovers the arsh (compensation for the defect), except that the Malikis hold that if the destruction was caused by a defect the seller concealed, the buyer recovers the whole price. If the property perishes before a year is complete, or before the owner can pay, the zakat falls away; if it perishes after the owner could pay, the zakat stands as a debt. If a sheep or camel is designated as a sacrifice and dies before the day of sacrifice, the owner owes nothing; if it perishes through his negligence he is liable. The Shafi'is and Hanbalis treat the pledgee's possession as a trust, so he is not liable for loss without fault; the Hanafis treat it as a liability.Himyan (money belt: pilgrim's wearing, spoils and theft)
Himyan in the lexical sense is a purse in which provision is kept and tied at the waist; it is a loan word, used in the same sense in the law. The Hanafis, Malikis and Shafi'is permit a pilgrim in the state of ihram to tie the himyan at his waist, relying on a report of Ibn Abbas; the Malikis allow it only for the pilgrim's own and his family's provision, not for trade, and only when tied on the skin, not on the waist-wrapper. Abu Yusuf disliked a silk girdle for the pilgrim, and Ibn Umar disliked tying the himyan in the sounder of his two reports. The Hanbalis permit it only when it holds provision. Most jurists count the himyan within the spoils a fighter may take; the Malikis and in one Shafi'i view do not. Most jurists hold that a thief who cuts a himyan and takes its money is liable to amputation; the Hanafis distinguish a purse hanging outside the sleeve, which is not cut for, from one reached through the sleeve.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.Prohibition (hazr)
Hazr (prohibition) in the lexicon means preventing; the forbidden (mahzur) is what the law forbids, and the term is wider than the unlawful and the disliked for some, but for others only the unlawful; the doer is blamed by the law. The usulis distinguish prohibition (hazr), unlawfulness (tahrim, which is blamed and punished) and disliking (karaha, rewarded for leaving it and not punished for doing it). In the Hanafi books, a section titled after permitted and forbidden (hazr wa-ibaha), or disliked matters, or preference, gathers scattered rules: looking and touching, dress, gold and silver vessels, food, gifts, earning, visiting graves, reciting in graveyards, music, medicine, circumcision, adornment, slaughter, naming children, backbiting and envy, travel, loans, greeting rulers, shared property, the Qur'an, and the mosque. The Hanafis give that section different names, for the mixed rules in it.Hirr (the cat: purity, sale, damage and eating)
Hirr in the lexical sense is the male cat, with hirra for the female; it is a species of the feline family. The majority (Hanafis, Malikis, Shafi'is and Hanbalis) 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. Its remnant (su'r) is pure. Its urine and dung are impure in the sounder Hanafi narration, and impure for the Malikis and Shafi'is. 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 and Mujahid, dislike it, citing the report of Jabir on the price of the dog and the cat. The Hanbalis and the sounder Shafi'i view hold the owner liable for damage a habitually destructive cat causes. 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. Eating its flesh is forbidden by most Hanafis, the Hanbalis in the sounder view and some Malikis, and allowed by some Shafi'is.Iltibas (confusion between the lawful and the forbidden)
Iltibas in the lexical sense means mixing, and also confusion or perplexity; the Malikis use the word in its own right. When the lawful is mixed with the forbidden, the forbidden side is preferred as a precaution: a stranger woman confused with a sister by nursing, or a slaughtered animal confused with carrion. When the qibla is unclear, one searches and decides by reasoning. Most jurists hold that clean water, vessels and clothes confused with unclean ones are judged by reasoned search.Imsak (holding, restraint and abstention in fiqh)
Imsak in the lexical sense is holding and restraining. Jurists use it in several places: the hunter's dog holding its prey; the faster's abstention from what breaks the fast; one who holds a victim while another kills in a retaliation case; and taking back a divorced wife. The jurists differ on eating from game that a trained dog has killed and then eaten from. One who broke the fast in the belief that it was a day of Sha'ban, and learns it was Ramadan, must abstain for the rest of the day; the holder in a killing and the return by intimacy are disputed.Iqtina' (keeping property for oneself)
Iqtina' means taking a thing for oneself, not for sale or trade. The jurists' technical sense is the same as the lexical one. Keeping a thing may be permitted, or even recommended, as in keeping copies of the Qur'an and books of hadith and learning. It may be permitted in some circumstances and not others, as with keeping gold, silver, or a trained dog. It may be forbidden, as with keeping swine, wine, or instruments of forbidden play. Zakat is not due on kept livestock in general, except on animals kept for load, riding or breeding that reach the minimum (nisab). In the Hanafi view, kept gold and silver are liable to zakat once they reach the nisab, whether or not the owner intended trade; the Malikis, Shafi'is and Hanbalis agree in general, except for women's jewellery.Iqtiyat (the staple food)
Iqtiyat in the language means eating the staple food (qut), which is what keeps a person alive, such as wheat and rice. Staple foods are those fit to sustain bodies on a regular basis, unlike things that give only occasional sustenance. The jurists use the word in its lexical sense; al-Dusuqi defines a staple as what sustains the body so that it does not decay when one is limited to it. Foods in general are a wider category than staples. The jurists treat the staple in three places: zakat, since there is no disagreement that zakat is due on crops and fruit that are staple and storable; the sale of ribawi goods, where the majority do not count being a staple as the cause of riba, but the Malikis do, together with storability; and hoarding, where the jurists agree that hoarding staples is forbidden, most of them holding it unlawful, and most hold that hoarding applies only to staples.Gambling and games of chance (maysir)
In the lexicon, maysir is the Arabs' gambling with arrows, dice, or any wager. Jurists divide it into the game of amusement (maysir lahw), where no money is at stake, such as backgammon and chess, and gambling (maysir qimar), where people stake money. The jurists agree that maysir is forbidden in general. The Shafi'is hold that gambling in which money is staked by both sides is a grave sin. The law requires a person who invites another to gamble to give alms; the majority hold that the sale of instruments of amusement is void; the Hanafis hold it valid but forbidden; greeting a player is disliked; a gambler's testimony is rejected even once; and the ruler must discipline those proven guilty.Carrion (mayta) and the rulings on dead animals
In law carrion (mayta) is an animal that dies without proper slaughter (tadhkiya). It covers the strangled, the beaten to death, the fallen, the gored, what a beast of prey has eaten, what was slaughtered on a stone altar, and a limb cut from a living animal. The jurists agree that eating it is forbidden in ease and choice; in necessity they permit it, for the majority only enough to keep alive. They differ on whether eating it is obligatory, permitted or recommended, on treating with it, and on its impurity. They also differ on the use of its hide after tanning, its wool, bone, rennet, eggs, milk and fat. The majority exempt the carrion of the sea and of locusts.Backgammon and games of chance (nard)
Nard, in the lexicon, is a well-known game; the word is Persian. Shatranj relies on thought and planning, while nard relies on chance and guesswork. Playing nard is forbidden by most jurists (Malikis, Hanbalis, and the sounder Shafi'i view), and disliked as forbidden by some Hanafis, on the hadith that whoever plays nard has disobeyed God and His Messenger, and because gambling with it is forbidden and it is idle sport. Al-Rafi'i extends the ruling to every game whose basis is guesswork, while games that rest on counting, such as the mancala-like board, are not forbidden.Natiha (gored animal)
Natiha is an animal gored to death by another's horns; a gored animal is carrion, and every gored animal is carrion but not the reverse. It shares with the strangled, struck and fallen animals the status of carrion dead without lawful slaughter. It is unclean and its eating is forbidden by the verse of the Ma'ida surah, except what is reached with a settled life and lawfully slaughtered.Naw' (kind or species, and its effect on zakat and exchange)
Naw' in the lexical sense is a kind or class; the Jurist al-Jurjani defined it as a term for many different things by their individuals. Kind matters for zakat: if the animals are of one kind, the zakat is taken from that kind; most jurists allow substituting a sheep for a goat and the reverse, taking value into account, while the Hanafis require the same kind. If the kinds differ, the Hanbalis and the sounder Shafi'i view let the owner give what he chooses, proportioned by value, while the Hanafis join the kinds together. For crops and fruit, kinds are joined to complete the threshold; joining gold and silver is disputed. The exchange of ribawi goods of different kinds is referred to the chapter on usury.Rada' (suckling): who nurses, the wage of the nurse, the bars of marriage by milk kinship, and how suckling is proved
Rada' is the sucking of the breast and drinking of milk; in law it is the arrival of a woman's milk, or what comes of it, into the belly of an infant under conditions. Nursing is a duty on the mother, in the Hanafi view a duty of religion and not of law; for the Shafi'is and Hanbalis the father must arrange it if the mother is not fit, and the nurse is paid the usual wage. The bar of kinship comes from a woman's milk and not a man's or an animal's; from the milk of a dead woman by the majority; and from a mixed milk where its effect shows. The schools differ on the number of sucks: the Hanafis and Malikis count any number, the Shafi'is and Hanbalis five. The period of suckling that bars marriage is two years by the Shafi'is, the Hanbalis, Abu Yusuf and Muhammad, and two and a half years in Abu Hanifa's view. By suckling the nurse and her line are barred to the child, and the nurse's children are his milk-siblings; the milk of the stallion (the husband of the nurse) bars by the majority. Suckling is proved by admission or evidence, and the schools differ on the number of witnesses. The nurse has a claim on the one she nursed, and it is recommended to reward her.Radkh (a small gift from the spoils at the imam's discretion, to women, boys and others who help but do not fight)
Radkh in the lexicon is a small gift; in the jurists' usage it is a gift from the spoils whose amount the imam judges, given to those who are not bound to fight but do useful work in the war, such as women, boys and a dhimmi. Most jurists hold it a binding right for one who has done useful work, and a view of the Shafi'is makes it recommended. A mount other than a horse has no share, but its rider is given a radkh after the foot-soldier's share. The jurists differ on where it comes from: the Hanafis and Hanbalis, and one Shafi'i view, take it from the whole booty, and the preferred Shafi'i view takes it from four-fifths. Its amount is less than a full share according to the majority, and is left to the imam by the Malikis.Raqs (dancing): its ruling, its conditions, the dancer's testimony, and the hire for it
Raqs (dancing) in the lexicon is quick movement and agitation; technically it is swaying, bowing and rising in measured motions. Those who allow it cite the hadith of the Abyssinians who played with their spears in the Prophet's mosque; the Hanafis, Malikis and Hanbalis dislike it as baseness, folly and a loss of manly dignity, and Ibn Taymiyya forbids making it a worship. It is forbidden when accompanied by something unlawful, such as drinking or exposing the private parts, and the Shafi'is allow it only where it is fitting and free of affectation. The testimony of a dancer is rejected for loss of manly dignity; the Shafi'is and Hanbalis count habitual and frequent dancing. Hiring someone to dance follows its ruling: if the dance is forbidden the hire is forbidden.Riba in the rulings: the forbidden excess in exchange and in delay, its kinds, its causes and its rulings
Riba is excess in the lexical sense; in the jurists' usage it is an excess on one of two counter-values in an exchange, or an excess on a debt in return for delay, and the schools define it differently. It is forbidden by the Qur'an, the Sunna and consensus, is a major sin, and is counted among the seven destructive sins. The Hanafis, Malikis and Hanbalis divide riba of sale into excess and delay, and the Shafi'is into three kinds. The six items named in the hadith are gold, silver, wheat, barley, dates and salt; most jurists extend the rule to other items sharing its cause, and the schools differ on that cause. Related questions include 'inah, muhaqala and muzabana, the mud 'ajwa case, and riba in the abode of war, where the jurists differ.Profit (ribh): lawful and unlawful gain, profit from another's property, profit-sharing in partnership and investment, and zakat on trade profit
Ribh is gain in trade; its relatives are growth (nama') and income (ghalla), and growth is the wider term. Lawful profit comes from a lawful contract such as sale, mudaraba or partnership, and is lawful by consensus; unlawful profit comes from a forbidden transaction, such as riba or gambling. On profit made from another's property in one's hand, the Hanafis hold it not lawful to the user, the Malikis and the preferred Shafi'i view give it to the user, and the Hanbalis give it to the owner. All agree that the share of profit between owner and worker must be fixed in a mudaraba. In partnership the profit follows the agreed shares, and the schools differ on whether unequal capital may bring equal shares. Profit on trade goods is added to the principal for zakat by the Malikis, the preferred Shafi'i view and the Hanbalis, while Abu Hanifa has each new gain run its own year.Rijl (the foot): washing in ablution, the theft and hirabah penalties, the blood-money for a foot, and its place in the nakedness rules
Rijl means the foot. In the jurists' usage it names the foot with the two ankle bones in the verse of ablution, the part below the joint of the leg in cutting a thief's foot, and from the root of the thigh to the foot in another place. Most jurists hold that washing the feet up to the ankles is obligatory in ablution; some early scholars held wiping, and al-Hasan al-Basri and al-Tabari allowed a choice. For theft, the right hand is cut first and the left foot at the second theft; the rest is disputed, and the Malikis, Shafi'is and a Hanbali view cut the left hand and right foot. Cutting both feet carries full blood-money, one foot half of it, and each toe a tenth; the Hanafis and Shafi'is add a just assessment. For a free woman the foot is nakedness except the two feet, and for men the nakedness runs from navel to knees by the majority.Rikaz (buried treasure of the pre-Islamic period): what is owed on it (one fifth), its kinds, where it is found, to whom it belongs, and how the fifth is spent
Rikaz in the lexicon is what is fixed and hidden in the ground; for the majority it is the treasure buried by people of the pre-Islamic period, and it may name any property, though the Shafi'is restrict it to gold and silver. For the majority a mine is not rikaz, while the Hanafis use the word for both mines and hoards. One fifth is due on rikaz by agreement, following the saying that there is a fifth on buried treasure; it is due on little and much according to the majority, and the Shafi'is require a nisab. Anyone who finds it, Muslim, dhimmi, child or madman, owes the fifth according to the schools. If it is found on unowned ground, the finder takes the rest after the fifth; if it is on owned ground, most jurists give it to the owner, while Abu Yusuf and Ahmad give it to the finder. The fifth is spent like the booty in the Hanafi, Maliki and Hanbali views, and like zakat in the Shafi'i view. In the abode of war the schools differ on the rule.Rish: feathers, plumage, and their rulings of purity and use in Islamic jurisprudence
Rish lexically denotes the plumage of birds, and riyash denotes furnishings and fine clothing, while in fiqh terminology it refers to avian plumage corresponding to mammalian hair, wool, and fur. Jurists agree on drawing an analogy between feathers and hair; feathers attached to living edible birds are pure by consensus, whereas plucked or shed feathers are deemed pure by the majority, though the Malikis classify down as pure and quills as impure, and the Shafi'is regard detached body parts from living animals as impure. Feathers taken from edible carrion are judged pure by Hanafis and Hanbalis because life does not reside in them, impure by Shafi'is, and down alone is pure according to Malikis if sheared. Tanning skin does not purify attached feathers for the Shafi'is because feathers are unaffected by tanning agents, plucking game feathers in the state of ihram is prohibited and requires compensation, and dry cleansing (istinja') with clean, unhallowed feathers is permissible. Forward contracts (salam) in defined feathers by weight are valid, and plunging an ungutted bird into boiling water to pluck feathers renders internal flesh impure if boiling heat drives intestine impurities inward, whereas superficial softening of quills without internal cooking allows external washing.Rishwa (bribery): its definition, its ruling for giver and taker, the paying to avert harm, and its effects on judges and rulings
Rishwa in the lexicon is a fee or reward paid to secure a purpose; in the jurists' usage it is what is given to void a right or to establish a falsehood, and it is distinct from favours, forbidden gain, gift, alms and presents. It is forbidden to the one who takes and to the one who gives, is a major sin, and taking, offering and accepting it are all forbidden, as is acting as broker; the Prophet cursed the giver, the taker and the broker. The majority hold that a person may pay a bribe to avert wrong or harm or to gain a right, and that the guilt falls on the taker. Taking gifts or bribes is forbidden to the ruler, the governors, the judges, the muftis and the witnesses, and the forbidding of it to the judge is agreed. Obtaining the office of judge by bribery is forbidden, and the majority hold the rulings of a judge who took a bribe void, while the Hanafi, Shafi'i and Hanbali schools hold that a judge is removed by such wrongdoing. No fixed punishment applies, and discretionary punishment is the rule.Rutuba (moisture): whether the moisture of a woman's private part, of a beast and of a contact with an impurity is pure, and its effects on cleaning with stones and on wet semen
Rutuba is dampness, the opposite of dryness; the Hanbalis distinguish moisture from wetness in ruling on impurity. Abu Hanifa and the Hanbalis hold a woman's private moisture pure, while the Malikis, Abu Yusuf and Muhammad hold it impure; the Shafi'is divide it into three kinds. The majority hold the moisture of a pure animal's private part pure, and the Malikis limit this to animals that may be eaten. The Hanafis and Malikis hold that what touches a moist impurity does not become impure, in the sounder view, while the Shafi'is and Hanbalis hold it impure. Cleaning with stones requires a dry surface, and wet semen is washed while dry semen is rubbed off, according to the Hanafis and Hanbalis.Sawm (pasturing livestock, and bidding in sale)
In language sawm is offering goods for sale; the jurists use it for pasturing on open pasture and for a seller offering goods to a bidder who wants them for less. Among the conditions for zakat on livestock, most jurists require that the animals be pastured on open land. Bidding before agreement on the price is lawful; after agreement it is disliked by the Hanafis and forbidden by the Malikis, Shafi'is and Hanbalis.Shahm (animal fat: food, use of carrion fat, and the slaughter of the People of the Book)
In the animal shahm is the essence of fat; for most jurists it is the fat inside the body, such as kidney fat; dihn is wider, since it can be vegetable, and shahm only animal. The fat of a properly slaughtered animal is lawful, and the fat of carrion is forbidden. Most jurists forbid using carrion fat in anything at all, on the hadith of Jabir that wine, carrion, pork and idols were forbidden to sell; the Shafi'is allow it for caulking boats and lighting lamps, but not for eating or for the human body. The jurists differ on the fat of the slaughter of the People of the Book where it was forbidden to them. The Hanafis, Shafi'is, the Hanbali school and a view of Malik hold it lawful; Ibn al-Qasim, Ashhab, Abu al-Hasan al-Tamimi and a Hanbali qadi hold it forbidden, a view also reported from Malik, with the matter placed between forbidden and permitted.Shariid (a strayed animal, and its sale, hire and slaughter)
In language shariid is a strayed thing: a camel that bolts and runs off. The word fits animals, while aabiq (the runaway) fits people. The jurists agree that selling a strayed animal, or any thing the seller cannot deliver, is forbidden, and so is hiring it out. For most jurists, when a tame lawful animal goes wild and cannot be slaughtered at the usual place, it may be lawfully eaten after a wound of any kind that brings death, on the report of Rafi' ibn Khadij about a camel that bolted and was struck by a man's arrow. The Malikis, Sa'id ibn al-Musayyib, al-Layth and Rabi'a hold that a strayed animal is lawful only when slaughtered at the usual place.Shubha (doubt that averts a penalty, and avoiding doubtful matters)
In language shubha is likeness. In the technical sense it is what is not certainly known to be lawful or unlawful, or what resembles the established without being established. The Hanafis and Shafi'is divide shubha into shubhat al-mahall (in the object, ownership) and shubhat al-fi'l (in the act, a mistaken belief); the Hanafis add shubhat al-'aqd (in the contract's form) and the Shafi'is shubhat al-tariq (a disagreement of jurists). The law urges avoiding doubtful matters, and the jurists grade the avoidance from obligatory to disliked.Shurb (drinking: manners, the one who drinks in prayer and fasting, and vessels of gold and silver)
In language shurb is taking in any liquid, water or other. The basic rule is that all drinks are lawful unless a proof forbids them. Its manners include naming God at the start and praising Him at the end, drinking with the right hand, taking the drink in three breaths outside the vessel, drinking seated, sipping rather than gulping, and disliking drinking from the mouth of a waterskin or from a notch in a vessel. Most jurists forbid eating and drinking from vessels of gold or silver. The fasting person is forbidden to eat and drink; drinking deliberately in an obligatory prayer requires repetition, and the schools differ on drinking in prayer by mistake.Fertilizer (simad) and its rulings
Simad is what the land is manured with: material such as earth or animal dung cast at the roots of crops and vegetables so that the plant thrives; the technical sense does not depart from the lexical one. The jurists differ on whether fertilizer is pure or impure according to its source. Droppings of animals whose flesh is not eaten, other than birds, are impure by consensus; the droppings of birds of prey are impure for the majority and pure for Abu Hanifa and Abu Yusuf. The Malikis, the Hanbalis and Zufar hold the droppings of eaten animals pure, while the Shafi'i preferred view holds the droppings of all animals impure. Beyond purity, the entry also covers the use of impure manure on crops, the sale of fertilizer, and conditions on it in share-cropping and irrigation contracts.Tadbib (binding a vessel or tool with metal, esp. gold or silver)
Tadbib is repairing a vessel or the like with a clamp of iron, silver or gold. It differs from inlay, which is by cutting into the surface for decoration, and from gilding, which is a coat of gold or silver water. The Hanafis allow tadbib and the use of a bound vessel with dislike, avoiding the place of the hand and the mouth. The Malikis, in the preferred view, forbid it in all cases. The Shafiis and Hanbalis forbid gold absolutely and large silver clamps that are ornamental without need; a small silver clamp for need is allowed, on the hadith of the Prophet's cup mended with a silver chain. Beyond need, the sounder Shafii view disliked it.Prohibition as chastisement and correction
Sha'rawi holds that some prohibitions are chastisement and correction, not a sign of harm in the thing forbidden, and that seeking a harm in what God forbade is a wish to escape his rule. He cites the prohibition of certain good things on the Jews as a punishment for their wrongdoing. He records that the People of the Book claimed camels had been forbidden since the time of Abraham and Noah, and that the Prophet made clear they were not forbidden, since all food had been lawful for the children of Israel except what Israel had forbidden himself.Tasmiya (naming: giving a name to a child, and the rules on names)
Tasmiya in the language comes from height or from a mark. The jurists use it in four senses: saying «in the name of God», giving a proper name to a child or to anything else, fixing the consideration in contracts, and identifying by name as against leaving a thing vague. The father has the better right to name a child, and if the parents differ the father's choice is preferred. The schools differ on the time: the Malikis hold that a child is named on the seventh day after the aqiqa sacrifice, and a child whose guardian cannot afford the aqiqa may be named at any time; the Shafi'is recommend the seventh day; the Hanbalis report two views. For a stillborn child, Abu Hanifa's view is that he is not named, the Malikis agree, the Shafi'is say his naming is not to be omitted, and the Hanbalis say he may be given a name fit for either sex. A child who dies after birth and before he is named is named. Names built on the divine names are recommended, and the most beloved to God are Abdullah and Abd al-Rahman. Naming after prophets is allowed according to most jurists. Names that people think ill-omened, such as Rabah, Yasar, Najah and Aflah, are disliked, and names that people shrink from, such as Harb and Murra, are disliked too. The names of God that belong to Him alone are forbidden, and so is every name built on a servitude to anything other than God, such as Abd al-Uzza or Abd al-Ka'ba. Changing a name is allowed and changing an ugly name to a good one is recommended. Naming tools, mounts and garments, and naming stars after Arabic words, is permitted; renaming a forbidden drink to escape its ruling does not lift the prohibition.Tasriya (leaving a beast's udder unmilked to deceive a buyer)
Tasriya is when a seller deliberately leaves a she-camel or other beast unmilked before sale so the buyer thinks it gives much milk. It is forbidden by consensus when intended to deceive, as deceit and harm. It is a defect that gives the buyer an option according to Malik, al-Shafii, Ahmad and Abu Yusuf, and not according to Abu Hanifa. The compensation for the milk is a sa of dates according to Ahmad and the sounder Shafii view, a sa of the staple food of the town according to Malik, and the value of the milk according to Abu Yusuf. The buyer must not have known before buying, the seller must have intended it, and the beast must be returned after milking.Tatbib (medical treatment: the physician, his look, hire and liability)
Tatbib is medical treatment. Learning medicine is a communal duty, practising it is lawful, and it may be recommended by intention to follow the Prophet or to benefit Muslims, or obligatory where one physician is specifically needed. A physician may look at the place of illness as far as needed. The Shafiis and Hanbalis require a chaperone when the physician is a stranger to the woman patient. Hiring a physician is lawful for a term, not for the cure; the Hanbalis forbid making the medicine a condition, and Ibn Qudama allows a cure fee as a reward rather than a hire. The physician owes compensation for harm caused by ignorance, negligence, or treatment without consent; he owes none if he is skilled, authorised, and does not exceed the usual.Wadi (the thick white fluid after urine: its purity, ablution and bath)
Wadi in the lexical sense is the thick white fluid that comes after urine or on lifting a heavy weight; it also means the young palm shoots. It differs from semen, which comes with desire, and from madhi, which is thin and comes with desire; wadi comes after urine. Most jurists hold wadi impure, and the Hanbalis hold that what is not eaten is impure, while the flesh of the animal eaten is pure. It must be removed when needed, by water or stones, and its exit requires only ablution, not bathing, on the report of Ibn Abbas; its exit breaks the ablution by agreement. One who wakes with a wet mark and is unsure whether it is semen or wadi or something else is not bound to bathe, according to most jurists; the Shafi'is let him choose the rule that fits the probable one.Wasl al-sha'r (hair extensions: the ruling on joining hair)
A wasila is a woman who joins her hair to another's, and a mustawsila is one for whom this is done at her request. The majority hold joining human hair forbidden, whether a woman's or a man's, on the reports of Asma bint Abi Bakr, Ibn Umar and Mu'awiya, since human hair is held in honour. A Hanafi view and a Hanbali view dislike it, and one Hanbali view permits it with the husband's leave. On joining animal hair the jurists differ: the Hanafis and one Hanbali view allow it, the Malikis and the Hanbali school forbid it, and the Shafi'is distinguish clean from unclean hair and a married woman from an unmarried one. On joining with material other than hair, such as cloth, the Hanafis and Hanbalis allow it, the Malikis forbid it, and the permission is attributed to Ibn Abbas, Umm Salama and Aisha. The Malikis hold the prohibition is not limited to women, since it alters God's creation.
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