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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 148Section

Translation · EN

and its scent does not dissipate, it is not permissible for the muhrim to consume it, whether it is raw or has been touched by fire. This is the view of al-Shafi'i. Malik and the scholars of opinion (ashab al-ra'y) saw no harm in food touched by fire, [whether its color, scent, and taste have vanished, or if all that remains; because through cooking, its state as a perfume has fundamentally changed. It is narrated from Ibn 'Umar, 'Ata', Mujahid, Sa'id ibn Jubayr, and Tawus that they did not see any harm in eating yellow khushkananj (1)], and it was deemed disliked (makruh) by al-Qasim ibn Muhammad and Ja'far ibn Muhammad. Our stance is that enjoyment and luxury through it are achieved by direct use, so it is similar to it being raw, and because the intended purpose of perfume is its scent, which remains. The statement of those who permitted yellow khushkananj is interpreted as referring to that in which no scent remains; for that whose scent and taste have vanished, and only the color remains after being touched by fire, there is no harm in eating it. We do not know of any disagreement regarding this, except that al-Qasim and Ja'far ibn Muhammad disliked yellow khushkananj. It is possible to interpret their stance as referring to that in which the scent remains, to resolve the disagreement. If it is not touched by fire but its scent and taste have vanished, there is no harm in it; this is the view of al-Shafi'i. Malik, al-Humaydi, Ishaq, and the scholars of opinion deemed yellow salt disliked and distinguished between what has been touched by fire and what has not. Our stance is that the intended purpose is the scent, for perfume is only perfume due to its scent, not its color, so the ruling must revolve around the scent, not the color.

Section: If its scent has vanished, but its color and taste remain, the literal text of al-Khiraqi suggests its permissibility, because we have stated that the scent is the intended purpose, so the prohibition is removed with its removal. The apparent view of Ahmad, in the report of Salih, is its prohibition. This is the school of al-Shafi'i. Al-Qadi said: It is impossible for the scent to be separated from the taste; therefore, whenever the taste remains, it indicates the persistence of the scent, and thus fidya becomes obligatory for its use.

Notes

(1) This is how it appears with the addition of the letter jim at the end. Khushkanan is a bread made from pure wheat flour, filled with sugar and almonds or pistachios, and fried. (2) Omitted from A.

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