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Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

Removing Filth
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Classifications of Impurities
:


There are three classifications of Impurities:


(Mughallaah): Major Impurities: :
.1
(Mukhaffafah): Light Impurities:
: .2

(Mutawassiah): Medium Impurities: : .3

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Shaikh-ul-Islm Ibn Qudmah al-Maqdis writes:

The filth of the dog and the swine should be washed seven
times, one of them with earth.

Mughallaah : Major Impurities

The dall for this is the a adth reported by both Imm al-Bukhr
and Imm Muslim . It is the sixth adth recorded in Umdat-ul-Akm:



:
:


"If a dog drinks from the utensil belonging to one of you, wash it
seven times." [ 1 ]
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a al-Bukhr adth # 172 and a Muslim adth # 279

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Lesson # 7

172
279

This adth can be explained by another a adth reported by Imm Ibn


Mjah with an authentic chain of narrators:

"If a dog licks the utensil belonging to one of you, wash it seven times,
one of them with earth." [ 2 ]
The student of knowledge should take note that the words of Imm Ibn
Qudmah are almost verbatim from the words of Raslullh .
The narration recorded by Imm Muslim reads:

"The purification of the utensil belonging to any one of you, after it is


licked by a dog, lies in washing it seven times, using earth for the first
time." [ 3 ]
In addition, Imm Muslim reported it with the following wording:

"When a dog licks a utensil belonging to any one of you, (the contents)
should be thrown away and then (the utensil) should be washed seven
times." [ 4 ]

This adth is the foundation for many rulings in Fiqh. Amongst the many
benefits from this adth are:

This adth is clear proof that the saliva of dogs is Najis.


It is a proof that something that is less than Qullatn can be made Najis
by the mixing of an impure substance even if it does not change the
color, smell or taste.

Sunan an-Nas adth # 337. Graded as a by Shaikh al-Albn in Irw al-Ghall


Volume # 1 Page # 60 and in his checking of Sunan an-Nas.
3
a Muslim adth # 91
4
a Muslim adth # 279
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Lesson # 7

Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

This adth illustrates to the believers how to purify themselves and


their utensils that are contaminated with the saliva of dogs.

This adth asserts the obligatory nature of washing the objects


contaminated with the saliva of dogs seven times.

It asserts the obligatory nature of using dirt in one of the washings.

There is Ijm of the Muslim Ummah that what a dog has licked should be
washed seven times as stated by Ibn azm . [ 5 ] Yet there are some
issues of disagreement amongst the scholars of Islm regarding the process
and status of this procedure.

Is the dog hir or Najis?


The first issue to discuss and understand is whether a dog is hir or Najis.
The great scholars of Islm have three differing opinions on this issue:
The first opinion is that the dog is pure in itself, its saliva is pure and left over
water that a dog drinks is pure as well. This is the opinion attributed to Imm
Mlik and it is the relied upon opinion of the Mlik madh-hab as
stated in Al-Mudawwanah al-Kubr [ 6 ]
Their proof is that Allh has allowed the believers to eat prey that has
been captured by dogs. The animal captured by a dog is going to be exposed
to the dogs saliva. Hence, according to the he Mlik madh-hab the fact that
hunting with dogs is permissible shows that the saliva of dogs is pure. They,
the Mlik scholars, do agree that one should wash a dish licked by a dog seven
times but not as an obligation rather it is just as devotion to the words of
Raslullh . The great scholar of Islm Imm Ibn Daqq al-Ed
rejected this view in his Shar of Umdat-ul-Akm [ 7 ]. Imm Ibn Qudmah
wrote:
If it was only an act of devotion, we would not have been commanded
to pour out the contents of the bowl, since that would be a waste. [ 8 ]
Clearly, the Mlik stance is a weak stance due to the clear command of the
Prophet :

"When a dog licks a utensil belonging to any one of you, (the contents)
should be thrown away and then (the utensil) should be washed seven
times." [ 9 ]

Martib al-ijm Page # 46.


Al-Mudawwanah al-Kubr Volume # 1 Pages # 115-116.
7 Ihkm al-Ahkm f Shar Umdat-ul-Akm Volume # 1 Page 27.
8 Al-Mughn Volume # 1 Page 42.
9
a Muslim adth # 279
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Lesson # 7

As for their proof regarding hunting dogs, then it is well known that no one
takes prey out of the mouth of a hunting dog and eats it raw. Rather the prey
is skinned and/or de-feathered, then washed and then cooked. Hence instead
of rejecting the command of Raslullh due to the permissibility of eating
hunted game meat, one should understand the procedure of cleansing game
meat with the command of Raslullh .
The second opinion held by the scholars of Islm is that the entire dog is a
Najis animal, not just the saliva but the entire dog. According to this view even
is a dog brushed against someone, they must wash that place seven times once
with earth. The water that is left over from a dog is also Najis. This is the
opinion of Imm ash-Shfi . The proof for this opinion is the above
quoted a adth:

"When a dog licks a utensil belonging to any one of you, (the contents)
should be thrown away and then (the utensil) should be washed seven
times." [ 10 ]
The adth clearly mentions licking hence; it does not cover the entire dog.
The process of licking transfers saliva therefore this adth does not seem to
cover the entire dogs rather it covers the saliva, which can be transferred by
licking.
The third opinion held by scholars of Islm is that the saliva of the dog is
Najis but the dog itself is not Najis. Hence, a dry dog brushing up against
someone would not contaminate that persons clothing. Yet the wetness from
the saliva, or nose or water leftover from a dog drinking in a bowl would be
Najis. This is the opinion presented by Imm Ibn Qudmah and it is
the relied upon position of the anaf madh-hab. It was attributed to Imm
Amad bin anbal and it was the preference of Shaikh-ul-Islm
Taq-ud-Dn Ibn Taymiyyah . [ 11 ] The proof for this opinion is the
same aforementioned a adth:

"If a dog drinks from the utensil belonging to one of you, wash it
seven times." [ 12 ]
The adth under discussion is clear evidence, the fact that purification is
needed shows that the saliva is Najis. The fact that we are ordered to wash the
dish repeatedly and once with earth shows that a dogs saliva is a major filth.
This is supported by the narration recorded by Imm Muslim:
a Muslim adth # 279
Al-Majm al-Fatw Volume # 21 Page 530.
12
a al-Bukhr adth # 172 and a Muslim adth # 279
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Lesson # 7

Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

"When a dog licks a utensil belonging to any one of you, (the contents)
should be thrown away and then (the utensil) should be washed seven
times." [ 13 ]
In this adth there is a clear command from Raslullh to discard the
contents of the dish. If the contents were not contaminated with impurities,
this would be wasteful destruction of food or drink. Hence, it is clear from this
adth that it is an obligation to discard the water due to the water being
Najis, unusable for Ibdt (ritual purification) and for dt (customary uses).

What about the Impurities of the pig?


With regards to the pig, there are two major opinions amongst the scholars of
Islm.
The first opinion amongst the scholars of Islm is that a pig is not from anNajsah al-Mughallaah, and it does not require washing seven times. This is
the standard opinion of the anaf madh-hab and it was the preference of
Imm an-Nawaw in his Shar of Sa Muslim[ 14 ]. The claim made
by these scholars is that there is no clear evidence to indicate the necessity of
washing from a pigs filth seven times, unlike the dog.
The second opinion is that the pig is like the dog and the contamination from
the saliva of the pig must be washed seven times, one of the them with earth,
just like the dog. This is the standard opinion of the anbal madh-hab as
stated in al-Inf [ 15 ], Shar Muntah al-Irdt [ 16 ], and Ghyah al-Muntah[
17 ]. Shaikh-ul-Islm Taq-ud-Dn Ibn Taymiyyah writes in his Shar
of Umdat-ul-Fiqh:

And with regards to the dog and the swine there is no disagreement
in the madh-hab that they both are Najis and it is Wjib to wash the
dish contaminated by them seven times, one of them with earth. [ 18 ]
The great researchers of the anbilah such as al-fidh Ibn Jawz [
19 ] and az-Zarkash [ 20 ] accredited this view. And from amongst
a Muslim adth # 279
Shar Sa Muslim Volume # 3 Page # 185.
15 Al-Inf Volume # 1 Page # 310.
16 Shar Muntah al-Irdt Volume # 1 Page # 204.
17 Ghyah al-Muntah Volume # 1 Page # 111.
18 Shar Umdat-ul-Fiqh Volume # 1 Page # 85.
19 At-Tanq Volume # 1 Pages # 52 - 53.
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Lesson # 7

the contemporary anbal scholars Shaikh li al-Fawzn adopted this


opinion in his Shar Zd al-Mustaqni[ 21 ], as did Shaikh Abdullh al-Fawzn
in his book Fiqh ad-Dall [ 22 ]and it was supported by Shaikh Ubaykn
in his Ghyh al-Marm[ 23 ].
This is also the opinion of the madh-hab of Imm ash-Shfi . It is
the later opinion of Imm ash-Shfi and it was his final verdict.
Imm an-Nawaw states in the relied upon book of the Shfi madhhab Minhj-a-libn:

And the swine is like the dog according of the last opinion (of Imm
ash-Shfi ) . [ 24 ]
This is also the opinion of al-fidh Ibn AbdulBarr al-Mlik who
wrote:

And the swine is like the dog. [ 25 ]

The dall for this opinion is found in the yah from the Qurn when Allh
describes the swine as:

indeed it is impure [ 26 ]
It is clear from the words of Allh that indeed the swine is an extremely
filthy animal. Hence the scholars of Islm have assigned it the highest level of
being Najis, al-Mughallaah. This level of Najsah requires seven washes, one
of them being with earth, like the dog.
This is clearly the stronger opinion since by Ijm of the Muslim Ummah a pig
is filthy, this Ijm was recorded by Ibn azm [ 27 ]. Since there is
Ijm that a pig is filthy, it must be cleansed, and there is no clear adth on the
number of washings, then Qiys must be performed. There is no doubt that in
Islm the swine is a filthier animal than the dog and the great scholars of Islm
have pointed this out. It is permissible for a Muslim to even keep a dog in
certain circumstances (such as hunting, guarding, shepherding etc.) while a
pig can never be raised by Muslims. Hence the Qiys to include the pigs

Shar az-Zarkash Volume # 1 Page # 144.


Shar Zd al-Mustaqni Volume # 1 Page # 226.
22 Fiqh ad-Dall f Shar at-Tashl Volume # 1 Page # 226.
23 Ghyh al-Marm Volume # 1 Page # 75.
24 Minhj-a-libn Volume # 1 Page # 117.
25
Ikhtiyrt al-fidh Ibn AbdulBarr al-Mlik Page # 81 - 82
26
Qurn [6:145] Srah al-'Anm yah # 145
27 Martib al-ijm Page # 46.
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Explanation of Umdat-ul-Akm and Umdat-ul-Fiqh

saliva, urine and blood in the highest category of Najst, al-Mughallaah, is in


fact a strong Qiys, based on the words of Allh :

indeed it is impure [ 28 ]
Is it seven washings of eight?
A report in a Muslim by Abdullh bin Mughaffal
reads:

"If a dog licks the utensil belonging to one of you, wash it seven times
and rub it with earth as the eighth. [ 29 ]
Some of the scholars thought this is contradictory to the reports from Ab
Hurayrah
who reported only seven washings, not eight. Shaikh-ulIslm Ibn Taymiyyah clarifies this issue in his Shar of Umdat-ul-Fiqh:

And the correct opinion is that the earth being the eight is not a
separate washing as (Allh) the most high said: ..there were three,
the fourth of them being their dog.. this was the conclusion of the
scholars of linguistics, they said: If the Ism Fil (actor) is a different
type them the Mafl then it will be add as an additional number. [ 30 ]

Hence, it is seven washing and earth is used in the first, which is the additional
element.

Can we use soap instead of earth?


Can we replace earth with soap or detergent? Imm ash-Shfi was of
the view that it is obligatory to use earth, and nothing else can take its place. [
31 ]. While Imm Amad bin anbal stated that earth was the
cleaning agent used in the time of Raslullh hence it is permissible to use
other cleaning agents, as long as they can effectively clean like the earth [ 32 ].
It would seem that the best thing is to attempt to stick to the wording of the
adth and use earth but if it is unavailable one may use other cleaning agents.
Qurn [6:145] Srah al-'Anm yah # 145
a Muslim adth # 28
30 Shar Umdat-ul-Fiqh Volume # 1 Page # 85.
31 Rawdat-a-libn Page # 16.
32 Al-Inf Volume # 2 Page # 248.
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Lesson # 7

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