Thursday, August 22, 2013

Dought and clear, - Water spilling onto one’s clothes and body from a vessel that had been licked by a dog

I have a friend who putsa bowl of water in the shop so that the dog
candrink from it. One time, after the dog had drunk, this vessel was
tipped over and the water came out of it, and I was afraid that it had
got onto my clothesor my body, because it contained the saliva of the
dog that had drunk from it.
What should I do if this water touches my clothes or my body? Should I
wash the place it gets onto seven times?
Praise be to Allah.
Firstly:
The scholars (may Allah have mercy on them) differed concerning the
najaasah (impurity) of dogs and there are several opinions.
It says inal-Mawsoo'ah al-Fiqhiyyah(40/79):
The fuqaha' differed concerning dogs with regard to whether they are
pure or impure.
The Shaafa'is and Hanbalis are of the view that dogs are impure in and
of themselves.
The Hanafis are of the view that dogs are not impure in and of
themselves, rather their leftover (food or water) and wetness are
impure.
The Maalikis are of the view that dogs are pure in and of themselves,
because they say that the basic principle concerning all things is
that they are pure, and all living beings, even dogs, are pure, and so
are their sweat, tears, mucus and saliva.
They also said: The fuqaha' differed concerning the impurity of a
vessel that has been licked by a dog. The majority of fuqaha' are of
the view that if a dog licks a vessel, it makes it impure.
The Maalikis and some ofthe Hanafis are of the view that the licking
of adog does not make the vessel impure. End quote.
Ibn 'Abd al-Barr (may Allah have mercy on him) attributed the viewthat
dogs are impure to the majority of the scholars among the Sahaabah and
Taabi'een.
He said (may Allah have mercy on him): The scholars differed with
regard to acting upon the apparent meaning of this hadeeth [about the
licking of a dog, as we shall see below], and they also differed about
what we shall mention, by Allah's leave. Most of the scholars among
the Sahaabah and Taabi'een, and those who came after them of the
fuqaha' of the Muslims, said that a vessel should be washed seven
times with water if it is licked by a dog.
End quote fromat-Tamheed, 18/269
He also said (may Allah have mercy on him): The fuqaha' also differed
concerning the leftover (food or water) of a dog or any water or food
licked by a dog. The view of Maalik, which is the final view of his
madhhab, is that the leftovers of a dog are taahir (pure) and a vessel
licked by a dog should be washed seven times on the basis that it is
mustahabb to do so, but not obligatory.
Abu Haneefah and his companions, ath-Thawri and al-Layth ibn Sa'd said
that the leftovers of a dog are najis (impure),and they did not
specify a number of times for washing (the vessel). They said: Rather
he should wash it until he thinks it most likely that the impurity has
been removed, whether that is one time or more.
Al-Awzaa'i said that the leftovers of the dog in the vessel are najis
(impure), but inal-Mustaqni'it says that they are not impure.
Thegarment should be washed if the dog's saliva gets on it, and the
meat of game (caught bythe dog) should be washed to remove the dog's
saliva.
Ash-Shaafa'i, Ahmad ibn Hanbal, Ishaaq ibn Raahawayh, Abu 'Ubayd, Abu
Thawr and at-Tabarisaid: The leftovers of a dog are najis (impure) and
the vessel should be washed seven times, the first of which should be
with dust or soil. This is the view of the majority of the
literalists.
Dawood said: The leftovers of a dog are taahir (pure) and the vessel
should be washed seven times, as an obligation, if the dog licked the
vessel. Regardless of whether the vessel contained water or something
other than water, it is taahir (pure), but one should wash the vessel
seven times. However, one may do wudoo' with the water that was
licked, and the food and drink that were licked may be consumed.
Abu 'Umar said: Those (scholars) who were of the view that dogs are
not najis (impure) say that their leftovers are taahir (pure) but the
vessel should be washed seven times if the dog licked it. In their
opinionthis is so as to follow the instructions in the hadeeth to wash
that which remains pure, andit is limited to this case. Those who are
of the view that dogs are najis (impure) and that their leftovers are
najis, and also said that the vessel must be washed seven times if the
dog licks it, say that the hadeeth specifies seven times to purify
this impurity, which is different from other types of impurity.
Ash-Shaafa'i and his companions said that dogs and pigs are najis
(impure) whether alive or dead, and there is nothing among living
beings that is najis apartfrom these two. He said: All parts of the
dog (are impure), by analogy with its tongue…
End quote fromat-Tamheed(18/269)
The correct scholarly view is that all parts of the dog are najis,
including its saliva and hair, because the Prophet (blessings and
peace of Allah be upon him) said: "The way to purify the vessel of one
of you, if a dog licks it, isto wash it seven times, the first of
which should be with dust (or soil)." Narrated by Muslim.
Al-Khattaabi (may Allah have mercy on him) said:What we learn from
this hadeeth is that dogs are najis (impure) in and of themselves; if
they were not najis, he would not have instructed us to purify the
vessel if it is licked by a dog. Purification is basically prescribed
to remove major or minor ritual impurity (ghusl and wudoo') or wash
off impure substances. The rulings on ritual impurity cannot apply
tovessels, thus it is known that the aim here is to remove an impure
substance. Once it is proven that the dog's tongue, with which it
drinks the water, is najis (impure) and it is obligatory to purify the
water from that, it is known that all the parts (of the dog) are
impure, like its tongue. So if any part of its body touches one, it
must be purified. It also clearly shows that purification cannot be
done with less than seven washings, and that rubbing it once with dust
or soil is obligatory.
It is obvious that the reason for using dust is to achieve a thorough
purification. This highlights the high degree of the dog's impurity.
Therefore, other means of purification, such as potash and the like
[used as cleansing substances], that are very effective in
purification, may also beused in place of dust or soil.
End quote fromMa'aalimas-Sunan(1/93)
As-San'aani (may Allah have mercy on him) said:This hadeeth points to
several rulings:
Firstly, the dog's mouth is najis, because of the instruction to wash
anything that the dog licks and pour away the water. He said "The
purification of the vesselof one of you", because there is no washing
except in the case of ritual impurity or contamination with an impure
substance. There is no ritual impurity in this case, therefore whatis
meant is contamination with an impure substance. Pouring it away is
wasting the water; If thewater was taahir (pure), he would not have
instructed them to wasteit, because he had forbidden them to
wastewater. This clearly indicates that the dog's mouth is najis
(impure), and the rest of the dog's body is deemed to be the same, by
analogy. That is because if it is proven that the dog's saliva is
najis, and its saliva is part of its mouth, as it is the sweat of its
mouth, then its mouth is najis, because sweat is part of what comes
from the body, so the rest of its body is thesame… End quote fromSubul
as-Salaam(1/22).
Based on that, if the dogputs its tongue or its foot or any other part
of its body in the water, the water becomes najis (impure); hence the
water must be poured away and the vessel must be washed.
Thirdly:
If the water that was licked by the dog spills onto your clothes or
your body, and you are certain or think it most likely that it got
onto your clothes or your body, then you have to wash the place
affected by the impurity seven times, one of which should be with dust
or soil, or whatever may take its place of cleansing substances such
as soap, because dust may be harmful. Butif you think it most
likelythat the water did not reach your clothes or your body, then you
do not have to do anything,because the basic principle is that things
are taahir (pure), but in this case there is some doubt concerning
najaasah (impurity).
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
With regard to lapping up (water), saliva comes out of the dog when it
does this. If the dog's saliva gets onto one's clothes or anything
else, then they should be washed seven times. But we do not say that
one of them should be with dust or soil, because thatmight be harmful.
Rather we say that instead of dust one should use soap or something
similar to remove the impurity, and that, with the seven washings, is
sufficient.
End quote fromLiqa' al-Baab al-Maftooh, no. 49
Note: it is not permissible to keep dogsexcept for a need such as
guarding or hunting. If a person keeps a dog for any other purpose, he
is sinning and every day one or two qiraats of hasanaat (good deeds)
will be detracted from his reward. And Allah knows best.

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