Malik, Abu Hanifa, and Muhammad ibn al-Hasan said regarding the frog: If it dies in water, it does not spoil it because it lives in the water; it is similar to fish.
Our view is that it renders non-water substances impure, so it renders water impure, like land animals. Furthermore, it is an animal with flowing blood whose dead body is not permitted; thus, it is similar to water birds. It differs from fish in that fish is permissible and does not render anything other than water impure.
The third category is the human being. The correct view in the madhhab is that he is pure, both alive and dead, due to the saying of the Prophet (peace and blessings of Allah be upon him): "The believer does not become impure," which is agreed upon.
It is related from Ahmad that he was asked about a well into which a human fell and died. He said: "It should be drawn [drained] until it is purified." This is the school of Abu Hanifa, who said: "It becomes impure and is purified by washing, because it is an animal with flowing blood, so it becomes impure upon death like other animals."
There are two opinions regarding al-Shafi'i, as there are two narrations [from Ahmad].
The correct view is what we mentioned first, due to the report, and because he is a human being and therefore does not become impure upon death, like the martyr (shahid). Furthermore, if he were to become impure upon death, he would not be purified by washing, just like other animals that become impure upon death (18). Our companions did not distinguish between the Muslim and the non-Muslim because they are equal in their humanity and in their state of life. It is possible that the non-Muslim becomes impure upon his death because the report only came concerning the Muslim, and it is not valid to analogize the non-Muslim to him, as there is no funeral prayer for him, and he does not have the same sanctity as the Muslim.
Section: The ruling on the parts and limbs of a human is the same as the ruling on his whole body, whether they separated during his life or after his death, because they are parts of a whole. Therefore, their ruling is like that of other pure and impure animals. Moreover, because the funeral prayer is performed over them, they are pure like the whole body.
The Qadi mentioned that they are impure according to a single narration, because they have no sanctity, evidenced by the fact that the funeral prayer is not performed over them.
This is not valid; for they do have sanctity, evidenced by the fact that breaking the bone of a deceased person is like breaking the bone of a living person. Also, the funeral prayer is performed over them if they are found from the deceased, and then it is nullified in the case of the battlefield martyr, for the funeral prayer is not performed over him, yet he is pure.
(18) Dropped from: M.