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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 358Section

Translation · EN

it is not prohibited to keep it during the period of his abstention, because that is something from which one cannot guard. Likewise, if the owner of crops harvests his crops, it is permissible for him to keep the dog until he sows other crops. If his livestock perishes and he wishes to purchase others, he is permitted to keep their dog in order to benefit from it regarding the ones he will purchase. As for someone who keeps a hunting dog but does not hunt with it, there is a possibility of permissibility, because the Prophet (may Allah bless him and grant him peace) granted an exception for the hunting dog in an absolute sense. There is also a possibility of prohibition, because he kept it without a need, making it similar to other dogs. The meaning of "hunting dog" is any dog that one hunts with. The same two possibilities apply to one who keeps a dog to guard his crops or livestock, should he acquire them, or to hunt with it if he finds a need to hunt, while he currently has neither crops nor livestock; it is possible (10) that it is permissible, due to his intent for that, just as in the case of one who has harvested his crops and intends to plant others.

Section: It is not permissible to sell swine, carrion, or blood. Ibn al-Mundhir said: "The people of knowledge have reached a consensus on stating this." They have reached a consensus on the prohibition of carrion and wine, and that the selling and purchasing of swine is prohibited. This is because of what Jabir narrated, saying: I heard the Messenger of Allah (may Allah bless him and grant him peace) while in Mecca say: "Indeed, Allah and His Messenger have prohibited the sale of wine, carrion, swine, and idols." Agreed upon (11). It is not permissible to sell that which has no benefit, such as all insects and beasts of prey that are not suitable for hunting, such as the lion, the wolf, and birds that are not eaten and are not hunted with, such as the vulture, the kite, the pied crow, and the raven, as well as their eggs. All of this cannot be sold because there is no benefit in them; thus, taking their price is consuming wealth unjustly.

Section: It is not permissible to sell manure (12) that is impure. Malik and al-Shafi'i held this view. Abu Hanifah said: It is permissible, because the people of the cities used to trade it for their crops without objection, so it was a consensus. Our counter-argument is that there is a consensus on its impurity, so it is not permissible to sell it, like carrion. What they mentioned is not a consensus, for consensus is the agreement of the people of knowledge, and it is not found here. Furthermore, it is impure excrement.

Notes

(10) In the original: "yahsul" (it is obtained). (11) Its extraction was previously mentioned on page 320. (12) Al-sirjin: dung (zibl).

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