Tag: quduri

Fiqh of Fasting (Hanafi) : annotated Quduri

The Chapter on Fasting from a central legal manual of the Hanafi school, the Mukhtasar of al-Quduri (d. 428H), annotated with clarifications and additional details from other normative Hanafi texts. Click the link below for the PDF:

Fiqh of Fasting (Hanafi) – Annotated Quduri

(c) 2018, Suheil Laher. Permission granted for personal, non-commercial use. May not be copied, sold, or posted on the internet without explicit permission.

DISCLAIMER: Information is presented for informational purposes. The translator neither guarantees that this
information is totally free from errors, nor that it is always suitable for acting upon or putting into
practice. Religious decisions should be taken with due care and thought, after reading and
investigating, but also after consulting with reliable people of knowledge – who are aware of one’s
particular circumstances – and then pondering and exercising one’s conscience.

Islamic Regulations of Hunting and Slaughtering (Food)

FOOD (HUNTING AND SLAUGHTERING)”

Translated by Suheil Laher from

Kitab al-Sayd wal-Dhaba’ih in Mukhtasar al-Quduri

(a summary-text of Hanafi law), with some re-arrangement and editing.

Rulings presented are as inferred from Qur’an and Sunnah by scholars of the Hanafi school.

DISCLAIMER: Information presented here is for informational purposes only, and should not be construed as a call to perform or abstain from any specific action mentioned in the text. Religious decisions should be taken with due care and thought, after reading and investigating, but also after consulting with reliable people of knowledge – who are aware of one’s particular circumstances – and then pondering and exercising one’s conscience.

 

    • Permissibility
    • Use of Animals
    • Shooting

 

 

    • Conditions
    • The Animal
    • Types

 

 

1.0 HUNTING

1.1 Permissibility

1. The hunting of a Zoroastrian, apostate or idolater may not be eaten.

2. It is permissible to hunt those animals whose meat may be eaten [for the purpose of acquiring food],
and also those which may not be eaten [for the purpose of non-food benefits and/or prevention of harm].

  • If one slaughters that whose meat may not be eaten, its flesh and skin become pure [but not permissible to eat], except for the human and the pig, for slaughter does not have any effect on them [i.e. they remain impermissible both to consume and to use]

1.2 Use of Animals

1. It is permissible to hunt with a trained dog, panther, falcon, or any other trained predatory animal or bird.

  • The training of a dog is : that it refrain from eating three times.
  • The training of a falcon is : that it return when you call it.

2. So, if one sends his trained dog, or falcon, or hawk, and mentions the name of Allah, the Exalted upon it at the time of sending, and then [the animal] seizes the prey and wounds it such that it dies, it is permissible to eat it.

  • If the dog eats from it, [the prey] may not be eaten, but if the falcon eats from it, it can be eaten.
  • If the dog strangles [the prey] and does not wound it, it may not be eaten.
  • If an untrained dog – or a Zoroastrian’s dog, or a dog on which the name of Allah, the Exalted was not mentioned – participated with [the trained dog], [the prey] may not be eaten.

3. If the sender reaches the prey alive, it is obligatory upon him to slaughter it, and so if he refrains from slaughtering it until it died, then it may not be eaten.

1.3 Shooting

1. If a man shoots an arrow at prey, and mentions the name of Allah at the time of shooting, he may eat what he strikes provided the arrow wounded it so that it died [as a result]. But, if he reaches it alive, he [must] slaughter it, and so if he refrains from slaughtering it until it died, then it may not be eaten.

  • If the arrow strikes, and the animal struggles [and moves] so that it disappears from him, but he continues to pursue it until he overcomes it dead, it may be eaten. But, if he sat back from pursuing it, and then came upon
    it dead, it may not be eaten.
  • If he strikes quarry which then falls into the water and dies, it may not be eaten.
  • Similarly, if it falls on an inclined surface or mountain, and then tumbles down to the ground, it may not be eaten, but if it falls to the ground initially, it may be eaten.
  • If someone shoots a quarry, and strikes it without incapacitating it nor preventing it from escaping, and then someone else shoots it and kills it, it is his and may be eaten. But, if the first one incapacitates it and then the second one kills it, it may not be eaten, and the latter must reimburse the former for its price less its wound

2. That which a featherless arrow strikes with its breadth may not be eaten, but if it wounds [the quarry] it may be eaten.

  • That which is struck by a pebble may not be eaten if it dies from that.

3. If one shoots at quarry and severs a piece from it, [the animal] may be eaten, but the piece may not be eaten. But, if he cuts it in thirds, and the major portion is adjacent to the rump, then it may [all]be eaten. If the major portion is adjacent ot the head, the larger portion may be eaten, but the lesser one may not.

2.0 SLAUGHTERING

2.1 Conditions for Slaughtering

1. The slaughter of a Muslim or a Kitabi is permissible [to eat].

  • The slaughter of a Zoroastrian, apostate, idolator, or of [a Muslim] in ihram may not be eaten.

2. If the slaughterer omitted the pronouncment of the name [of Allah] deliberately, then the slaughter is carrion which may not be eaten. But, if he left it out forgetfully, it may be eaten.

3. The vessels which must be severed in slaughtering are four : the trachea, the oesophagus and the two jugular veins. So, if he cut [all] these, eating [from the animal] is permissible. If he cut most of them, then similarly [it is valid] according to Abu Hanifah. Abu Yusuf and Muhammad said : it is essential to cut the trachea, the oesophagus and one of the two jugular veins.

  • If one reaches the spinal cord with the knife, or severs the head, that is repugnant for him [to do], but the slaughter may be eaten.
  • If one slaughters a ewe from the back of its head, then if it remains alive until he severs the [required] vessels it is valid but repugnant. But, if it dies before the cutting of the vessels it may not be eaten.

4. It is permissible to slaughter with a sharp reed or stone, or anything that causes the blood to flow out, except for an intact tooth or an intact nail.

It is recommended that the slaughterer sharpen his blade.

2.2 The Sacrifical Animal

1. An animal with severed ears or [severed] tail does not suffice, nor one from which the major part of the ear has gone. But, if the major portion of the ear or tail remains, it is permissible.

2. It is valid to sacrifice a hornless animal, a castrated animal, a mangy animal [provided it is plump], or an insane
animal [provided it is plump].

3. Animal-sacrifice is [only] from amongst camels, cows and sheep [or goats].

A thaniyy [two-year old cow/buffalo or five-year old camel, or one-year old sheep/goat], or better, of [any of] these suffices, except for the sheep, of which a jadha` [well-built six-month old] suffices.

4. If one performs nahr on a camel, or slaughters a cow or sheep, and then finds in its belly a dead fetus, it may not be eaten, [egardless of] whether its features are discernible or not.

2.3 Methods of Slaughter

1. Domesticated game must be slaughtered, and wild livestock may be wounded [as in hunting].

2. The recommended [technique] for camels is nahr [thrusting the knife into the base of the neck], but if one slaughters them, it is valid but disliked.

3. The recommended [technique] for cows and sheep is slaughtering, but if one performs nahr on them, it is valid but disliked.

3.0 WHAT MAY AND MAY NOT BE EATEN

1. It is not permissible to eat any canine-toothed beast of prey, nor any taloned [predatory] bird.

  • There is no objection to [eating] the agrarian crow, but the speckled one that eats corpses may not be eaten.
  • It is repugnant to eat the hyena.

2. [It is repugnant to eat the] lizard and all vermin.

3. It is not permissible to eat the flesh of the domesticated donkey or mule.

  • The meat of the horse is discouraged according to Abu Hanifah.

4. There is no objection to eating the rabbit.

5. Nothing may be eaten of the animals of the water except fish.

6. It is repugnant to eat floating [fish that died on their own].

7. There is no harm in eating the jirrith and eel

8. It is permissible to eat locusts, and there is no slaughter [needed] for them.

 

Lawful and Prohibited : Miscellaneous Islamic Regulations

PROHIBITION AND PERMISSIBILITY”

Translated by Suheil Laher from

Kitab al-Hazr wal-Ibaha in Mukhtasar al-Quduri

(a summary-text of Hanafi law), with some re-arrangement and editing.

Rulings presented are as inferred from Qur’an and Sunnah by scholars of the Hanafi school.

DISCLAIMER: Information presented here is for informational purposes only, and should not be construed as a call to perform or abstain from any specific action mentioned in the text. Religious decisions should be taken with due care and thought, after reading and investigating, but also after consulting with reliable people of knowledge – who are aware of one’s particular circumstances – and then pondering and exercising one’s conscience.

1.0 SILK

1. It is not permissible for men to wear silk, but it is permissible for women.

  • There is no harm in reclining on it according to Abu Hanifah. Abu Yusuf and Muhammad said : It is
    repugnant to recline on it.

2. There is no objection to wearing pure silk in war according to the two of them, but it is repugnant according to Abu Hanifah.

3. There is objection to wearing [clothing made of] a blended fabric if its warp is silk and its weft is cotton.

[

‘Blended fabric’ here refers to an interlaced or interwoven fabric, with warp and weft not of the same material.

Warp” is the set of threads held in tension on a loom.

Weft” is the set of threads interlaced with the warp.

]

2.0 GOLD AND SILVER

2.1 Jewelry and Decorations

1. It is not permissible for men to use jewelry of gold,

2. Nor [may they wear jewelry of] silver excepting:

  • a ring
  • [decorations of] a belt
  • the decoration of a sword from silver.

3. It is permissible for women to use jewelry of gold and silver.

4. It is repugnant to make a [minor] boy wear gold and silk.

5. It is disliked to mark verses in tens in the mushaf, and [also] to add diacritical dots [when
not needed for correct reading].

6. There is no objection to decorating the mushaf, [nor to] engraving mosques and decorating them [on
the outside] with gold-water.

2.2 Vessels

1. It is not permissible to eat, drink, use oil or perfume from vessels of gold or silver, neither for men nor for women.

  • It is permissible to drink from a silver-decorated vessel according to Abu Hanifah, and [similarly] to
    ride on a silver-decorated saddle and to sit on a silver-decorated bed [provided one avoids contact with the areas of silver]

2. There is no objection to using vessels of glass, crystal or cornelian.

[“Cornelian” is a reddish-white variety of quartz.]

3.0 LOOKING AND TOUCHING

3.1 Looking at Women

1. It is not permissible for a man to look at a stranger-woman, except at her face and hands. But, if he
did not consider himself safe from lust, he may not look at her face except out of need.

  • [But] it is permissible for
    • the judge, when he wishes to pass judgement over her
    • the witness, when he wishes to testify concerning her
    • [the suitor, when he is considering proposing marriage to her]

to look at her face, even if he fears he may experience lust.

    • It is permissible for the doctor to look at the afflicted spot on her.
  • The [regulation] of a eunuch regarding looking at a stranger-woman is like [the regulation for] a
    non-eunuch.

2. A man may look at his mahram’s (i.e. permanently umarriageable female relatives’) face, head, chest,
shins and arms, but he may not look at their back or belly. There is objection to touching what it is permissible to look at [of the mahrams] [for a legitimate reason, i.e. provided there is no fear of lust or other inappropriate consequences].

3. A man may look at his wife [entirely] including [even] her genitals.

  • One may not practise coitus interruptus with his wife except with her permission.

4. A woman may look at that [much] of another woman that a man may look at of another man.

3.2 Looking at Men

1. A man may look at all of the body of another man except for what is between his navel to his knee.

2. It is permissible for a woman to look at that [part] of a man which another man may look at.

3. It is repugnant to employ the service of eunuchs [if that involves perpetuation of the
practice of castration, which is a prohibited act of mutilation]

  • There is no harm in castrating cattle, nor in mating a donkey with a horse.

4.0 CREDIBILITY

2. It is permissible to accept, in [the matter of] a gift or permission, the word of a child or servant.

3. The word of a transgressor is acceptable in transactions [and other mundane matters]

4. Only the word of a morally upright (`adl) person is acceptable in religious matters.

5.0 TRADE

1. Hoarding of staple-foods of humans and cattle is repugnant, if that is in a land in which hoarding harms
the inhabitants.

2. One who hoards the produce of his [own] estate, or what he has imported from another land, is not [termed] a hoarder.

3. It is not appropriate for the ruler to regulate prices for people [as long as they do not reach the level
of exploitation, which is harmful to the public interest]

4. It is repugnant to sell weapons in times of fitna [i.e. turmoil (in which the side of truth is unclear) or sedition (in which there is unjustified rebellion against a legitimate ruler and one is selling weapons to the rebels)]

5. There is no [judicial] objection to selling juice to someone whom it is known will produce wine from it [but notwithstanding the absence of worldly prosecution, the seller might still be sinful in the spiritual domain].

Mukhtasar al-Quduri

—–

Brief Biography of Imam al-Quduri

He is Abu’l-Hasan Ahmad ibn Muhammad ibn Ahmad ibn
Ja`far ibn Hamdan al-Quduri al-Baghdadi, the Hanafi jurist, born 362 AH.
Al-Quduri is an ascription to the selling of pots (qudur).

Abu’l-Hasan al-Quduri took
his knowledge of fiqh from Abu `Abdillah Muhammad ibn al-Jurjani, from
Abu Bakr al-Razi, from Abu’l-Hasan al-Karkhi, from Abu Sa`id al-Barda`i
from `Ali al-Daqqaq, from Abu Sahl Musa ibn Nasr al-Razi, from Muhammad
ibn al-Hasan al-Shaybani, from Abu Hanifah, from Hammad ibn Abi Sulayman,
from Ibrahim al-Nakha`i, from `Alqamah, from `Abdullah ibn Mas`ud (may
Allah be pleased with him) from the Prophet (may Allah bless him and his
Household and grant them all peace). Continue reading “Mukhtasar al-Quduri”

4-Zakat

PURIFYING CHARITY (ZAKAH)

(According to the Qur’an and Sunnah, as extracted and inferred by scholars of the Hanafi

school.)

From “Mukhtasar al-Quduri“, a matn of Hanafi fiqh

————————————

————————————
1.0 OBLIGATION

1. Zakat is obligatory on

– the free, adult sane Muslim,

– when he possesses the nisab with complete possession, and

– a [lunar] year has passed over it.

There is no zakat [obligatory] upon a child, nor an insane person,
nor a mukatib. Continue reading “4-Zakat”

3 – Fasting

FASTING (SIYAM)

(According to the Qur’an and Sunnah, as extracted and inferred by scholars of the Hanafi school.)

From “Mukhtasar al-Quduri“, a matn of Hanafi fiqh

1.0 THE OBLIGATION OF FASTING

1.  The time for fasting is from the rising of the second dawn
until the setting of the sun.

2.  Fasting is : abstention from eating, drinking and sexual intercourse
by day with the intention.

3.  If in Ramadan a child reached adulthood, or an unbeliever
accepted Islam, they abstain [from things which invalidate fasting] for
the remainder of that day, and fast that which comes thereafter.
They do not make up what passed. Continue reading “3 – Fasting”

2 – Prayer

RITUAL PRAYER (SALAH)

(According to the Qur’an and Sunnah,
as extracted and inferred by scholars of the Hanafi school.)
From “Mukhtasar al-Quduri“, a matn of Hanafi fiqh

  1. Times for Salah
    • Times of Salah
    • Preferred Times
    • Disliked and Prohibited Times
  2. Adhan
    • Its form
    • Its sunnahs
  3. The Constituents and Manner of Performing the Salah
    • Its Pre-Requisistes
    • Its Rudiments
    • Its Obligations
    • Description of the Salah
    • Disliked Actions in Salah
    • Disruptors and Nullifiers of the Salah
    • Prostrations of Inattentiveness
    • Prostration of Recitation
  4. Group Prayer

1 – Purity

PURIFICATION (TAHARAH)

(According to the Qur’an and Sunnah,as extracted and inferred by scholars of the Hanafi school.)
From “Mukhtasar al-Quduri“, a matn of Hanafi fiqh

1.0 WUDU

1.1 The Rudiments of Wudu’
Allah, the Exalted, says, (translated),
“O you who believe!  When you stand for prayer, then wash your faces, and your hands upto the elbows, and wipe your heads, and [wash] your feet upto the ankles.”
So, the obligatory elements of purification [i.e. wudu’] are:
– Washing the three parts [the face, the two arms, and the two feet].  The elbows and the ankles are included in washing.
– Wiping the head – the obligatory [part] in wiping the head is the extent of the forelock [one-fourth], based on that which Mughirah ibn Shu`bah narrated, that the Prophet (may Allah bless him and grant him peace) made wudu’ and wiped his forelock and his khuffs. Continue reading “1 – Purity”