of the Scripture, from the Book of Food. Sunan Abi Dawud 2/327. And al-Tirmidhi, in: The Chapter on What Has Been Said Regarding What Is Eaten from the Game of a Dog and What Is Not, from the Chapters on Hunting, and in: The Chapter on What Has Been Said Regarding Benefiting from the Utensils of the Polytheists, from the Chapters on Expeditions, and in: The Chapter on What Has Been Said Regarding the Utensils of the Disbelievers, from the Chapters on Food. 'Aridat al-Ahwadhi 6/552, 7/51, 299. And Ibn Majah, in: The Chapter on Hunting with a Dog, from the Book of Hunting. Sunan Ibn Majah 2/1069, 1070. And al-Darimi, in: The Chapter on Drinking from the Utensils of the Polytheists, from the Book of Expeditions. Sunan al-Darimi 2/233, 234. And Imam Ahmad, in: al-Musnad 2/184, 4/193, 195. (23) Omitted from the Original. (24) Al-Taylasan: A type of cloak, an Arabized term (originally Persian). (25) In M: "al-azar" (loincloth). (26) It appears as such in the manuscripts.
The lowest level of the prohibition is dislike [and because they are not cautious regarding impurity, and their utensils are not free from their food; the least effect of this is dislike]. (23) As for their garments, what they have not used, or what is on the surface, such as the turban, the taylasan (24), or the outer garment, is pure, and there is no harm in wearing it. As for that which comes into contact with their private parts, such as the trousers, the undergarment, or the loincloth, Ahmad said: "It is more beloved to me that he repeats (the prayer)." This means: the one who prayed in it. This permits two interpretations: one, that repeating is mandatory, which is the opinion of al-Qadi. Abu Hanifah and al-Shafi'i disliked the loincloth (25) and trousers, because they do not worship by avoiding impurity and are not cautious regarding it, so the default assumption is the impurity of that which touches their private parts. The second interpretation is that it is not mandatory, which is the opinion of Abu al-Khattab, because the default state is purity, which is not removed by doubt.
The second category is those who are not People of the Scripture, namely the Magians, idolaters, and their like. Their garments share the ruling of the garments of the dhimmis (protected non-Muslim citizens). As for their utensils, al-Qadi said: "That which they have used of their utensils should not be utilized, because their utensils are not free from their food, and their slaughtered animals are considered carrion (maytah), so their utensils are not free from being used for them."
Abu al-Khattab said: "Their ruling is that of the People of the Scripture; their garments and utensils are pure and permissible to use, as long as their impurity is not certain." This is the school of al-Shafi'i, because the Prophet (peace be upon him)
of the Scripture, from the Book of Food. Sunan Abi Dawud 2/327. And al-Tirmidhi, in: The Chapter on What Has Been Said Regarding What Is Eaten from the Game of a Dog and What Is Not, from the Chapters on Hunting, and in: The Chapter on What Has Been Said Regarding Benefiting from the Utensils of the Polytheists, from the Chapters on Expeditions, and in: The Chapter on What Has Been Said Regarding the Utensils of the Disbelievers, from the Chapters on Food. 'Aridat al-Ahwadhi 6/552, 7/51, 299. And Ibn Majah, in: The Chapter on Hunting with a Dog, from the Book of Hunting. Sunan Ibn Majah 2/1069, 1070. And al-Darimi, in: The Chapter on Drinking from the Utensils of the Polytheists, from the Book of Expeditions. Sunan al-Darimi 2/233, 234. And Imam Ahmad, in: al-Musnad 2/184, 4/193, 195. (23) Omitted from the Original. (24) Al-Taylasan; with a fatha, damma, or kasra on the lam: a cloak, Arabized. (25) In M: "al-azar". (26) It appears as such in the manuscripts.