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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 1 · Page 123

Translation · EN

with it. This is the view of Abu Hanifa and al-Thawri.

This narration indicates the view of the purity of their leftover water; for if it were impure, purification with it would not be permissible. It is narrated from Isma'il ibn Sa'id: There is no harm in the leftover water of beasts of prey, because Umar said regarding beasts of prey: "They come to us, and we come to them (17)."

Al-Hasan, 'Ata', al-Zuhri, Yahya al-Ansari (18), Bukayr ibn al-Ashajj (19), Rabi'a (20), Abu al-Zinad (21), Malik, al-Shafi'i, and Ibn al-Mundhir all granted concessions regarding the leftover water of all of these creatures, based on the hadith of Abu Sa'id regarding the water basins (22). It has also been narrated from Jabir (23). In another hadith from Jabir, the Prophet (may Allah bless him and grant him peace) was asked: "Shall we perform ablution with what the donkeys have left over?" He said: "Yes, and with what all beasts of prey have left over." This was narrated by al-Shafi'i in his Musnad (24), and this is an explicit text (nass). Furthermore, because it is an animal from which benefit is permissible without necessity, it is pure, like a sheep.

The line of reasoning for the first narration is that the Prophet (may Allah bless him and grant him peace) was asked about water and the beasts of prey that frequent it, and he said: "When water reaches two qullas (large vessels), it does not become impure." If they were pure, he would not have restricted it to two qullas. He said...

Notes

(16) In M: "purity" (tahara), while what is verified in the original (al-asl) and A is [the statement regarding the purity of]. (17) See: "Chapter on Changing Water," from the Book of Purification. Sunan al-Daraqutni 1/32. (18) Abu Sa'id Yahya ibn Sa'id ibn Qays al-Ansari al-Madani, the jurist. He narrated from Anas ibn Malik and many others, and served as a judge for al-Mansur. He died in the year 143 AH. Tabaqat al-Fuqaha' by al-Shirazi 66; al-'Ibar 1/195, 196. (19) Abu Abd Allah Bukayr ibn Abd Allah ibn al-Ashajj al-Qurashi, their freedman, the Madani. He resided in Egypt; he was trustworthy and righteous. He died in the year 117 AH, though it is said otherwise. Tabaqat al-Fuqaha' by al-Shirazi 78; Tahdhib al-Tahdhib 1/491-493. (20) Abu Uthman Rabi'a ibn Farrukh (Abu Abd al-Rahman) al-Madani, known as Rabi'a al-Ra'y. He lived during the time of the Companions, and Malik ibn Anas learned from him. He died in the year 136 AH. Tabaqat al-Fuqaha' by al-Shirazi 65; al-'Ibar 1/183. (21) Abu al-Zinad Abd Allah ibn Dhakwan al-Madani, the jurist. He died in the year 130 AH. Tabaqat al-Fuqaha' by al-Shirazi 65, 66. (22) Provided previously on page 40. (23) Narrated by Ibn Majah, in: "Chapter on Water Basins," from the Book of Purification and its Sunan. Sunan Ibn Majah 1/173. (24) Musnad al-Imam al-Shafi'i with the marginal notes of al-Umm 6/4, 5, and Tartib Musnad al-Shafi'i by al-Sindi 22, which contains: "and with what they have left over."

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