Section: A bequest of a dog that is permitted to be kept is valid, because it is a transfer of possession of it without compensation. Its gift (hibah) is also valid for the same reason. Al-Qadi said: It is not valid, because it is an act of transferring ownership during life, which resembles a sale. The first view is more sound. It differs from a sale because a sale involves taking compensation, and that is forbidden. There are two positions among the companions of al-Shafi'i, similar to these two.
771- Issue: He said: "And whoever kills it while it is trained has committed a wrong, and there is no liability (ghurm) upon him."
As for killing a trained dog, it is forbidden, and the perpetrator is a wrongdoer and an oppressor. The same applies to every dog whose possession is permitted, because it is a subject from which benefit is derived and whose acquisition is permitted, so its destruction is forbidden, just like a sheep. We do not know of any disagreement regarding this. There is no liability upon its killer. This is the view of al-Shafi'i. Malik and 'Ata' said: He is liable, due to what we mentioned regarding the prohibition of its destruction. Our argument is that it is a subject for which taking compensation is forbidden due to its vileness, so liability for its destruction is not mandatory, just like a pig. However, its destruction is forbidden due to the harm it causes. The Prophet (peace and blessings of Allah be upon him) forbade causing harm or retaliating with harm (1).
Section: As for killing what is not permitted to be kept, the solid black dog is permitted to be killed because it is a devil. 'Abdullah ibn al-Samit said: I asked Abu Dharr and said: What is the matter with the black one compared to the red or the white one? He replied: I asked the Messenger of Allah (peace and blessings of Allah be upon him) just as you asked me, and he said: "The black dog is a devil." Narrated by Muslim (2). It is also narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Were it not that dogs are a community among communities, I would have ordered their killing; so kill every solid black one among them" (3). It is permitted
(1) Preceded in: 4/140. (2) Its extraction preceded in: 3/98. (3) Extracted by Abu Dawud, in: The Chapter on Keeping a Dog for Hunting and Other Purposes, from the Book of Hunting. Sunan Abi Dawud 2/97. And al-Tirmidhi, in: The Chapter on What Has Been Said Regarding Killing Dogs, and The Chapter on What Has Been Said Regarding One Who Keeps a Dog and What Is Diminished from His Reward, from the Chapters on Hunting. 'Aridat al-Ahwadhi 6/283, 285. And al-Nasa'i, in: The Chapter on the Description of Dogs That One Is Ordered to Kill, from the Book of Hunting. Al-Mujtaba 7/163. And Ibn Majah, in: The Chapter on the Prohibition of Keeping a Dog..., from the Book of Hunting. Sunan Ibn Majah 2/1069. And al-Darimi, in: The Chapter on Killing Dogs, from the Book of Hunting. Sunan al-Darimi 2/90. And Imam Ahmad, in the Musnad 4/85, 5/54, 56, 57.
