Question:
It was said that there is a difference of scholarly
opinion concerning the use of animal-derived ingredients in non-food
products such as lotions and soaps and whether we as Muslims can use
these products.
Answer:
Praise be to Allah.
Firstly:
With
regard to the ruling on using fats from haraam animals in manufacturing
soap etc., yes there is a difference of scholarly opinion, but it is
most likely the case, that they are haraam and we are not allowed to use
them.
We will
explain this further – in sha Allah – in the following points.
Secondly:
With
regard to the verse (interpretation of the meaning):
“Say (O Muhammad): ‘I find not in that which has been revealed to me
anything forbidden to be eaten by one who wishes to eat it, unless it be
Maytah (a dead animal) or blood poured forth (by slaughtering or the
like), or the flesh of swine (pork); for that surely, is impure or
impious (unlawful) meat (of an animal) which is slaughtered as a
sacrifice for others than Allah (or has been slaughtered for idols, or
on which Allah’s Name has not been mentioned while slaughtering). But
whosoever is forced by necessity without wilful disobedience, nor
transgressing due limits; (for him) certainly, your Lord is
Oft‑Forgiving, Most Merciful’
[Al-An’aam 6:145]
Its
meaning is as follows:
Here Allah
is commanding His slave and Messenger Muhammad (peace and blessings of
Allah be upon him): Say, O Muhammad, my Lord has not forbidden any foods
apart from these; everything else is halaal (permissible).
“unless it be
Maytah (a dead animal)”
this refers to whatever dies a natural death, such as an animal that is
dealt a fatal blow, falls or is gored by another, or that which is
slaughtered in a manner other than that which is prescribed in sharee’ah.
“or blood poured
forth (by slaughtering or the like)”
means blood that flows, unlike other things that are described as
“blood” (damm), such as the liver and spleen, and unlike the blood which
remains in the flesh and veins after slaughter.
“or the flesh of
swine (pork)”
which is the well known animal (pig).
“for that surely,
is impure”
means it is filthy, abominable and harmful.
“or impious
(unlawful) meat (of an animal) which is slaughtered as a sacrifice for
others than Allah (or has been slaughtered for idols, or on which
Allah’s Name has not been mentioned while slaughtering)”
means, it has been slaughtered in a name other than His.
“But whosoever is
forced by necessity” to eat one of the things mentioned here, “without
wilfull disobedience”
not wanting to eat it without being forced to,
“nor transgressing
due limits” – “(for him) certainly, your Lord is Oft‑Forgiving,
Most Merciful”
means, He will forgive him for what he has eaten, and will be Merciful
towards him.
However,
we should note that there are other haraam things which are not
mentioned in this verse. They were forbidden later on, such as every
wild animal that has fangs and every bird that has talons, and the meat
of domestic donkeys.
Thirdly:
The
hadeeth of Jaabir narrated by al-Bukhaari (2121) and Muslim (1581). It
was narrated from Jaabir ibn ‘Abd-Allah (may Allah be pleased with him)
that he heard the Messenger of Allah (peace and blessings of Allah be
upon him) say on the day of the Conquest when he was in Makkah:
“Allah and His Messenger have forbidden the sale of alcohol, dead meat,
pigs and idols.” It was said, “O Messenger of Allah, what do you think
of the fat taken from a dead animal which is used for caulking ships,
greasing animal skins and which people use to light their lamps?” He
said, “No, it is haraam.” Then the Messenger of Allah (peace and
blessings of Allah be upon him) said, “May Allah curse the Jews, for
Allah forbade them the fat, but they melted it then they sold it and
consumed its price.”
With
regard to the meaning:
It is
clear that the context is explaining the prohibition on selling alcohol
(khamr – that which fogs (khaamara) the mind – which includes all kinds
of alcohol), dead meat, pigs and idols – which are things made from
wood, copper, gold, etc, in the form of people or animals.
Then the
Sahaabah wanted to make an exception from this prohibition in the case
of selling the fat of dead animals, because of the benefits that there
were in it, which that it was used as caulking for ships, to protect the
wood from water, and to grease animal skins in order to keep them soft
and supple, and as fuel for lamps.
The Prophet (peace and
blessings of Allah be upon him) did not make these things exceptions
from the prohibition, as he said,
“No, it is
forbidden.”
Then he mentioned what the Jews did, which was that they melted down the
fat that Allah has forbidden to them, and turned it into another
substance, such as wax, which they then sold and consumed its price.
The
scholars differed as to what the pronoun huwa (it) in the
Prophet’s phrase Laa, huwa haraam (No, it is forbidden) referred.
Some of them said that what is haraam is benefitting from the thing;
others said that what is haraam is selling it. The latter view is the
one which was regarded as correct by Shaykh Ibn ‘Uthaymeen (may Allah
have mercy on him), who said in al-Sharh al-Mumti’ (8/136):
“This view
is the one which is correct: that the pronoun in the phrase ‘it is
forbidden’ refers to selling, even though the substance in question has
these uses that the Sahaabah (may Allah be pleased with them) mentioned.
That is because the context of the hadeeth has to do with selling. And
it was said that ‘it is forbidden’ refers to benefiting from it in these
ways, so it is not permissible to caulk ships with it, or grease animal
skins with it, or to use it in people’s lamps. But this view is da’eef
(weak).
The
correct view is that it is permissible to caulk ships with it, and
grease animal skins, and use it in people’s lamps.”
Al-San’aani
said:
The
pronoun in the phrase ‘it is forbidden’ is to be understood as referring
to selling, i.e., that selling the fat is haraam. This is the most
apparent meaning, because this is what is implied by the context, and
because the same hadeeth was narrated by Ahmad, in whose version it
says, ‘And what do you think of selling the fat of dead meat?’ Or it may
be interpreted as referring to the uses to which it is put, in the
phrase, ‘for it is used for caulking ships’ etc.. The majority
interpreted it in this manner and said, ‘No use should be made of a dead
animal apart from its skin, if it is tanned.’
Those who
say that the pronoun refers to selling quote as evidence the fact that
there is scholarly consensus that it is permissible to feed dead meat to
dogs even if they are hunting dogs. It is known that the pronoun is more
likely to refer to selling, so it is permissible to make use of naajis
(impure) things in general and it is haraam to sell them for the reasons
that are known. This view is supported by the fact that the Prophet (S)
condemned the Jews for melting down the fat then selling it and
consuming its price.
So it is
clear that the prohibition is directed against the selling which results
in the consumption of its price. If the prohibition applies to selling
then it is permissible to make use of the fat of dead animals and impure
(naajis) fats for all purposes except food for humans or use on human
bodies. (i.e., it is not permissible for a human being to eat the fat
from a dead animal or to apply impure (naajis) fats to his body). So the
prohibition is like the prohibition on eating dead meat or using impure
substances on the body. But it is permissible to feed the fat of dead
animals to dogs or to feed honey that is contaminated with an impure
substance to bees. All of that is regarded as permissible in the
Shaafa’i madhhab, and was narrated by al-Qaadi ‘Iyaad from Maalik and
most of his companions, and from Abu Haneefah and his companions, and
from al-Layth.
This hadeeth also
indicates that if it is haraam to sell a thing, its price is also
forbidden, and that every contrivance that leads to permitting something
which is forbidden is false.
Fourthly:
With
regard to the hadeeth of Maymoonah, narrated by al-Bukhaari (1421) and
Muslim (363). The following version is quoted from Muslim because the
version narrated by al-Bukhaari does not contain the word “tanning”.
It was
narrated that Ibn ‘Abbaas said:
A sheep was given in charity to the freed slave woman of Maymoonah, and
it died. The Messenger of Allah (peace and blessings of Allah be upon
him) passed by it and said: “Why do you not take its skin, tan it and
make use of it?” They said, “It is dead meat.” He said, “It is only
haraam to eat it.”
With
regard to its meaning:
Maymoonah
had a freed slave woman who had a sheep that someone had given to her in
charity. When it died, they thought that it was not permissible to make
any use of it at all, so they threw it away. This regards to anything
other than eating it, such as making use of the skin, that is
permissible after tanning it.
The scholars differed
concerning the ruling on the skin of dead animals if it is tanned.
Shaykh Ibn ‘Uthaymeen favoured the view that tanning purifies the skin
of the dead animal if it is from an animal whose meat may be eaten, such
as camels, cattle and sheep. But if it comes from an animal whose meat
may not be eaten, such as pigs, then it cannot be purified by tanning.
Al-Sharh
al-Mumti’,
1/72.
Shaykh
al-Islam said, after quoting the views of the scholars:
The point
of confusion has to do with tanning: is it the case that the skin of
animals which are pure when they are alive may be purified by tanning
when they are dead or is it the case that tanning can only purify the
skin of an animal that is slaughtered properly according to sharee’ah?
The second opinion is more likely to be correct, and the evidence for
that is that the Prophet (peace and blessings of Allah be upon him)
forbade using the skin of carnivores, as was narrated by Usaamah ibn
‘Umayr al-Dhuhali. Narrated by Ahmad, Abu Dawood, and al-Nasaa’i. Al-Tirmidhi
added the phrase “and (he forbade) their use as furnishing.”
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