Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
Chapter on the Compelled
If one is forced (by necessity) in scarcity and finds nothing but impermissible (food), it is permitted to eat enough of it to save one’s life.1508
وَمَنِ اضْطُرَّ فِيْ مَخْمَصَةٍ، فَلَمْ يَجِدْ إِلاَّ مُحَرَّمًا، فَلَهُ أَنْ يَأْكُلَ مِنْهُ مَا يَسُدُّ رَمَقَهُ
If one finds something that is impermissible by agreement and something else whose permissibility
وَإِنْ وَجَدَ مُتَّفَقًا عَلىٰ تَحْرِيْمِهِ وُمُخْتَلَفًا فِيْهِ، أَكَلَ مِنَ الْمُخْتَلَفِ فِيْهِ
1508.Can One Get Full?
There is disagreement over whether one can eat one’s fill or eat only enough to avoid death. (A) + (+H, +m, +s): The view chosen here is to eat enough of it to save one’s life. This is because one is permitted to eat to avoid demise, so once there is no fear of that, he or she may not eat more. (A2) + (-M, -S): The other view in the madh-hab allows getting full. This view finds support in this hadith:
“A man settled at al-Ḥarrah with his wife and children. Another man said (to him), ‘My she-camel has strayed; if you find it, hold it.’ He found it but did not find its owner, and it fell ill. His wife said, ‘Slaughter it,’ but he refused, and it died. She said, ‘Skin it so that we may dry its fat and flesh and eat them.’ He said, ‘Let me ask the Messenger of Allah (SA).’ So he went to him and asked. The Prophet (SA) said, ‘Do you have what is sufficient for your needs?’ He replied, ‘No.’ The Prophet (SA) said, ‘Then eat it.’” (D – from Jâbir ibn Samurah. al-Albâni: R chain)
نَّ رَجُلاً، نَزَلَ الْحَرَّةَ وَمَعَهُ أَهْلُهُ وَوَلَدُهُ فَقَالَ رَجُلٌ إِنَّ نَاقَةً لِي ضَلَّتْ فَإِنْ وَجَدْتَهَا فَأَمْسِكْهَا . فَوَجَدَهَا فَلَمْ يَجِدْ صَاحِبَهَا فَمَرِضَتْ فَقَالَتِ امْرَأَتُهُ انْحَرْهَا . فَأَبَى فَنَفَقَتْ فَقَالَتِ اسْلُخْهَا حَتَّى نُقَدِّدَ شَحْمَهَا وَلَحْمَهَا وَنَأْكُلَهُ . فَقَالَ حَتَّى أَسْأَلَ رَسُولَ اللَّهِ صلى الله عليه وسلم فَأَتَاهُ فَسَأَلَهُ فَقَالَ " هَلْ عِنْدَكَ غِنًى يُغْنِيكَ " . قَالَ لاَ . قَالَ :فَكُلُوهَا
When May One Eat?
One may eat before fearing immediate demise if they are afraid that by not eating, they may eventually suffer demise, loss of limbs or organs, or other severe harm. One may also eat if they are afraid that not eating will cause them to lag behind their company and not be able to catch up with them, thus putting their lives in peril. These positions can find support in the hadith of Jâbir as well.
is controversial, he or she should eat from that which is controversial.1509
If one only finds food that belongs to someone else who is subject to the same adversity, it is not permissible to take it. If (the other person) has no need for it, one may purchase it from him. If he bars him from it, one may take it by force, yet he or she is liable for its value and must compensate him for it whenever he or she can. If the one in adversity is killed, he is a martyr, and the killer is liable; if the withholder is killed, there is no liability.
فَإِنْ لَمْ يَجِدْ إِلاَّ طَعَامًا لِغَيْرِهِ، بِهِ مِثْلُ ضَرُوْرَتِهِ، لَمْ يُبَحْ لَهُ أَخْذُهُ، وَإِنْ كَانَ مُسْتَغْنِيًا عَنْهُ، أَخَذَهُ مِنْهُ بِثَمَنِهِ، فَإِنْ مَنَعَهُ مِنْهُ، أَخَذَهُ قَهْرًا، وَضَمِنَهُ لَهُ مَتَى قَدِرَ، فَإِنْ قُتِلَ الْمَضْطَرُّ، فَهُوَ شَهِيْدٌ، وَعَلىٰ قَاتِلِهِ ضَمَانُهُ، وَإِنْ قُتِلَ الْمَانِعُ، فَلاَ ضَمَانَ فِيْهِ
Seeking treatment with forbidden medicines is impermissible. 1510
وَلاَ يُبَاحُ التَّدَاوِيْ بِمُحَرَّمٍ
1509.For example, if one has to choose between a pig and a fox, he or she should eat the fox since its prohibition is debatable, whereas the pig is known to be prohibited.
1510.The Use of Forbidden Substances as Medicines
(A): In the madh-hab, all khamr and repulsive things are forbidden for use as medicines; they even mentioned the impermissibility of treatment with forbidden songs. However, medicines mixed with poisons thought to be safe and beneficial are permissible. Also, they allowed external use of forbidden substances.
Points of Agreement
The jurists agreed in principle on the prohibition of using forbidden and filthy substances in treatment. They also agreed on the impermissibility of using haram substances as medicine when halal alternatives are available. It is reported that there is a consensus on the prohibition of using pure khamr as medicine.
Positions of Other Madh-habs
(-H) Allowed the use of forbidden and filthy matters for treatment on the conditions that they are known to be cures and there is no alternative. They interpreted the prohibitive reports to apply only when halal options were available. In the case of necessity or need, the prohibition is lifted. (-M) Considered the prohibition general and applicable to all forbidden and filthy substances except through external application to save one’s life.
(-S) Prohibited pure intoxicants but allowed them in mixtures. They permitted treatment using najis and other haram substances.
Evidence and Discussion
In support of the permission are the following proofs:
Allah said:
{And why should you not eat of that upon which the name of Allah has been mentioned while He has explained in detail to you what He has forbidden you, excepting that to which you are compelled…} (al-An‘âm 6: 119)
وَمَا لَكُمْ أَلَّا تَأْكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلَّا مَا اضْطُرِرْتُمْ إِلَيْهِ
The Messenger of Allah (SA) said:
“There should be no harm nor reciprocation of harm.” (Ma – from Ibn ‘Abbâs. Nawawi:R)
لَا ضَرَرَ وَلَا ضِرَارَ
The nose of ‘Arfajah ibn As‘ad was cut off on the day (battle) of al-Kulâb, so he wore a nose made of silver, but it became foul-smelling. The Prophet (SA) ordered him to get a nose made of gold. (D – from ‘Abdur-Raḥmân ibn Ṭarafah. al-Albâni:R) The Prophet (SA) also permitted ‘Abdur-Raḥmân ibn ‘Awf and az-Zubayr to wear silk due to some itching they suffered from. (Ag – from Anas) Eight people from ‘Ukl came to the Prophet (SA) and gave him the pledge of Islam. Their bodies didn’t agree with the climate of Madinah, and it made them sick, so they complained to the Messenger of Allah (SA), who said:
“I recommend for you to go out with our shepherd and his camels, so that you may have a share of their urine and milk.” (Ag – from Anas)
لَا تَخْرُجُونَ مَعَ رَاعِينَا فِي إِبِلِهِ فَتُصِيبُونَ مِنْ أَبْوَالِهَا وَأَلْبَانِهَا
They agreed and went out and drank urine and milk from the camels, and they recovered. This particular hadith cannot be used against the Mâlikis and Ḥanbalis because they consider the urine of halal-to-eat livestock clean. In support of the prohibition are the following proofs: The Messenger of Allah (SA) said:
“Allah sent down the disease and the cure, and He made a cure for every disease. So seek treatment, but do not use as medicine that which is haram.” (D – from Abi ad-Dardâ’. Ibn Ḥajar:R)
إِنَّ اللَّهَ أَنْزَلَ الدَّاءَ وَالدَّوَاءَ، وَجَعَلَ لِكُلِّ دَاءٍ دَوَاءً، فَتَدَاوَوْا، وَلا تَدَاوَوْا بِحَرَامٍ
Likewise, drinking wine is not permissible for someone who is thirsty. 1511
وَلاَ شُرْبُ اْلخَمْرِ مِنْ عَطَشٍ
However, one who is choking may remove his choke with it (khamr) if he cannot find another liquid.
وَيُبَاحُ دَفْعُ اْلغُصَّةِ بِهَا، إِذاَ لَمْ يَجِدْ مَائِعًا غَيْرَهَا
He also said:
“Allah did not put your healing in that which He has forbidden to you.” (Ba – from Umm Salamah. al-‘Ayni: S)
إنَّ الله لَمْ يَجْعَلْ شِفاءَكُمْ فيما حَرَّمَ عَلَيْكُم
While treatment was mainly based on conjecture in the past, it is not anymore. The benefit of a medicine is sometimes almost a matter of certainty, like the fact that fire burns or knives cut. Therefore, the permission to use treatments made of forbidden substances, in the case of necessity or need and in the absence of alternatives, is most consistent with the principles of Sharia. Pure khamr is an exception, since the Prophet (SA) said it is a (cause for) disease, not a cure. There is also a reported consensus on its prohibition.
1511. The discussion here is about intense thirst, so we might expect that it would be permitted due to necessity. Those who forbade it argued that it does not quench the thirst. (A) + (+M, +S)
The authorized position in the madh-hab is to allow its consumption when it is mixed with another liquid that may quench the thirst.
(-H, -s): Allowed it for intense thirst; some did that on condition that it does in fact quench the thirst.
( Page : no 139)