What is the ruling on cheeses made from substances extracted from an animal that was not slaughtered according to the Shari'ah? With an explanation of the prohibition of circumventing the rulings of the Shari'ah.
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The questioner : It has become clear that cheeses are made using a substance extracted from the stomach of sheep. This is the case in Europe, not here. If this quantity is very small, almost less than half a percent of the milk from which the cheeses are made, what is the ruling?
The Shaykh : The answer is that this substance is presumed to be ritually impure because it was extracted from an animal that was not slaughtered according to the Shari'ah, even if the animal was originally lawful to eat. However, if this animal, which is originally lawful, is not slaughtered, it becomes like carrion. Carrion is ritually impure, as you should be aware. This substance from which cheeses are made falls into one of two states:
1- Either its essence changes due to the chemical reaction between it and the milk that turns into cheese.
2- Or it remains retaining its identity and specific nature.
If the state is the first scenario, meaning it has transformed, then transformation is among the purifiers in the Shari'ah. Evidence for this is the transformation of wine into vinegar; vinegar becomes pure and lawful, even though its origin was forbidden. Likewise... and this is a text. However, some scholars bring other examples, looking at the reality of the forbidden impurity that has transformed into another identity and type. [I turned it off] So, examples of the transformation of an impure or forbidden essence into another reality are that this transformation is among the purifiers. A dead animal may transform due to natural factors such as wind, rain, sun, and the like, into salt. Over time, this impure carrion transforms into salt. Is the Shari'ah to look at the reality of what it has become, which is salt, or is it to look at its origin?
The answer is: No, we do not return to the origin; rather, we look at this reality. This reality, by touch, taste, and smell, is salt. It is not the carrion that the soul rejects seeing, let alone touching, let alone eating even more. So, this impure substance, which is forbidden due to those factors, when it transformed into another nature, which is salt, this salt became lawful. Accordingly, if this impure substance from which dairy products are made has transformed due to chemical reaction into another essence, such that if examined, the examiner's answer would be that this is not that fat or that impure substance, but if we assume...
One of the brothers: Peace be upon you.
The Shaykh : And upon you be peace. As for if we assume that this substance still retains its identity and specific nature, which is impurity and prohibition, then the issue is looked at with the following detail:
If this impurity, which retained its identity and specific nature, is in that compound, which is milk, for example, or medicine, then we look at the proportion of this impurity with the milk or with anyAnother questioner : such as medicine. If this impurity has overcome the purity of what it entered, or if this impurity entered it, then all of it may become impure. If the mixed substance retains its identity—milk has a known taste, and medicine, which is composed of many and very many parts, is also known—if it transforms due to this mixing into another essence, the mixed substance, which is milk and medicine, is impure. Otherwise, it is pure, even if it contains impurity. Because the established Shari'ah ruling is that not every liquid in which impurity falls becomes impure and forbidden to use. No. And a sensitive, real example in this subject is: oil or ghee. A mouse falls into it, or in summer, a liquid in which a mouse falls. Is it permissible or not to sell this oil or that ghee, and then is it permissible to eat and use it?
The answer: According to the previous detail: If this impurity, which is the mouse here, changed the identity of the oil or ghee in which it fell, by changing one of its three attributes: taste, color, or smell, then changing one of these three attributes means that thisThe questioner : oil or ghee has departed from its original reality and the impurity has mixed with it such that it overcame it, making it another liquid. In that case, it is impure; it is not permissible to sell it, eat it, or use it in any way, because it is impure and must be poured out. Because the Prophet (peace and blessings be upon him) used to say: So, this oil or that ghee, if it becomes impure by an impurity, in our example the dead mouse, then it has become impure, so it is not permissible to sell it, because Allah has forbidden its consumption, and consequently the consumption of its price, as you heard in the previous hadith: .
Fat is good and follows the meat in our Shari'ah. The dominant, controlling rule in all Shari'ahs until the Day of Resurrection. However, in the Shari'ah of the Jews, Allah (Mighty and Majestic) had forbidden them the fats of the animals whose meat is lawful to eat. And He made explicit in the Qur'an the reason for this prohibition, which some of those present might ask about: Why did Allah forbid the Jews the fats?
The answer: In the Noble Qur'an itself:[An-Nisa 4:160]. So, the fats are among the good things that Allah forbade them. And if Allah forbade them, the necessary consequence is the prohibition of buying and selling. But the Jews, whose hearts are hardened by the text of the Torah with them, did not endure this Shari'ah ruling; rather, they circumvented it. They took the fats and put them in pots and lit a fire underneath them, so they melted and took a flat shape, as it is said. In their opinion, or as their souls, which command evil, suggested to them, that this fat had become another reality, nothing but a difference in shape. As for the oil, it is still oil, and therefore people use it. So, Allah (Mighty and Majestic) cursed them, as the Messenger (peace be upon him) informed in the previous hadith: Sahih Muslim 1582a. Do not forget the verse: [An-Nisa 4:160]. Sunan an-Nasa'i 4257Sahih (Darussalam) What does "jamiluhum" mean? Melt them. Sunan Abi Dawud 3488Sahih (Al-Albani) Accordingly, if a drop of oil or ghee has an impurity fall into it and then one of its three attributes changes, it is not permissible to sell it, and of course it is not permissible to eat it or use it in any way, and it must be poured out because it is impure.
However, if the matter is as we mentioned earlier, that the impure substance that fell into it did not affect the change of one of its three attributes, then it is permissible to use this ghee or that oil after removing the visible impurity, which, if it remained in thisThe questioner : over time, will decompose and that decomposed thing will stinkThe questioner : and become impure, and it is not permissible to eat it, sell it, or buy it. This is what relates to that question.
The questioner : May Allah reward you with good.
The Shaykh : And you.
The Shaykh : Is there anything else?
The Shaykh : The answer is that this substance is presumed to be ritually impure because it was extracted from an animal that was not slaughtered according to the Shari'ah, even if the animal was originally lawful to eat. However, if this animal, which is originally lawful, is not slaughtered, it becomes like carrion. Carrion is ritually impure, as you should be aware. This substance from which cheeses are made falls into one of two states:
1- Either its essence changes due to the chemical reaction between it and the milk that turns into cheese.
2- Or it remains retaining its identity and specific nature.
If the state is the first scenario, meaning it has transformed, then transformation is among the purifiers in the Shari'ah. Evidence for this is the transformation of wine into vinegar; vinegar becomes pure and lawful, even though its origin was forbidden. Likewise... and this is a text. However, some scholars bring other examples, looking at the reality of the forbidden impurity that has transformed into another identity and type. [I turned it off] So, examples of the transformation of an impure or forbidden essence into another reality are that this transformation is among the purifiers. A dead animal may transform due to natural factors such as wind, rain, sun, and the like, into salt. Over time, this impure carrion transforms into salt. Is the Shari'ah to look at the reality of what it has become, which is salt, or is it to look at its origin?
The answer is: No, we do not return to the origin; rather, we look at this reality. This reality, by touch, taste, and smell, is salt. It is not the carrion that the soul rejects seeing, let alone touching, let alone eating even more. So, this impure substance, which is forbidden due to those factors, when it transformed into another nature, which is salt, this salt became lawful. Accordingly, if this impure substance from which dairy products are made has transformed due to chemical reaction into another essence, such that if examined, the examiner's answer would be that this is not that fat or that impure substance, but if we assume...
One of the brothers: Peace be upon you.
The Shaykh : And upon you be peace. As for if we assume that this substance still retains its identity and specific nature, which is impurity and prohibition, then the issue is looked at with the following detail:
If this impurity, which retained its identity and specific nature, is in that compound, which is milk, for example, or medicine, then we look at the proportion of this impurity with the milk or with anyAnother questioner : such as medicine. If this impurity has overcome the purity of what it entered, or if this impurity entered it, then all of it may become impure. If the mixed substance retains its identity—milk has a known taste, and medicine, which is composed of many and very many parts, is also known—if it transforms due to this mixing into another essence, the mixed substance, which is milk and medicine, is impure. Otherwise, it is pure, even if it contains impurity. Because the established Shari'ah ruling is that not every liquid in which impurity falls becomes impure and forbidden to use. No. And a sensitive, real example in this subject is: oil or ghee. A mouse falls into it, or in summer, a liquid in which a mouse falls. Is it permissible or not to sell this oil or that ghee, and then is it permissible to eat and use it?
The answer: According to the previous detail: If this impurity, which is the mouse here, changed the identity of the oil or ghee in which it fell, by changing one of its three attributes: taste, color, or smell, then changing one of these three attributes means that thisThe questioner : oil or ghee has departed from its original reality and the impurity has mixed with it such that it overcame it, making it another liquid. In that case, it is impure; it is not permissible to sell it, eat it, or use it in any way, because it is impure and must be poured out. Because the Prophet (peace and blessings be upon him) used to say:
Allah cursed the Jews. The fats were forbidden to them, so they melted them, then sold them and ate their price. And when Allah forbids the consumption of something, He forbids its price.
لَعَنَ اللهُ اليهود، حُرّمَـت عليهم الشحوم فجملوها ثم باعوها وأكلوا أثمانها، وإن الله إذا حرّم أكلْ شيءٍ حرّم ثَـمَـنَـهُAllah cursed the Jews. The fats were forbidden to them, so they melted them, then sold them and ate their price. And when Allah (Mighty and Majestic) forbids the consumption of something, He forbids its price.
لَعَنَ اللهُ اليهود، حُرّمَـت عليهم الشحوم فجملوها ثم باعوها وأكلوا أثمانها، وإن الله - عزّ وجلّ - إذا حرّم أكلْ شيءٍ حرّم ثَـمَـنَـهُFat is good and follows the meat in our Shari'ah. The dominant, controlling rule in all Shari'ahs until the Day of Resurrection. However, in the Shari'ah of the Jews, Allah (Mighty and Majestic) had forbidden them the fats of the animals whose meat is lawful to eat. And He made explicit in the Qur'an the reason for this prohibition, which some of those present might ask about: Why did Allah forbid the Jews the fats?
The answer: In the Noble Qur'an itself:
For wrongdoing on the part of the Jews, We made unlawful for them [certain] good foods which had been lawful to them
فَبِظُلْمٍ مِنَ الَّذِينَ هَادُوا حَرَّمْنَا عَلَيْهِمْ طَيِّبَاتٍ أُحِلَّتْ لَهُمْLet there be the curse of Allah upon the Jews that fat was declared forbidden for them
لَعَنَ اللهُ اليهود حُرّمَـت عليهم الشحومFor wrongdoing on the part of the Jews, We made unlawful for them [certain] good foods which had been lawful to them
فَبِظُلْمٍ مِنَ الَّذِينَ هَادُوا حَرَّمْنَا عَلَيْهِمْ طَيِّبَاتٍ أُحِلَّتْ لَهُمْfor animal fat was forbidden to them, but they rendered it
حُرّمَـت عليهم الشحوم فجملوهاthey sold them and they enjoyed the price they received for them. When Allah declared eating of thing forbidden for the people, He declares it price also forbidden for them.
ثم باعوها وأكلوا أثمانها، وإن الله إذا حرّم أكلْ شيءٍ حرّم ثَـمَـنَـهُHowever, if the matter is as we mentioned earlier, that the impure substance that fell into it did not affect the change of one of its three attributes, then it is permissible to use this ghee or that oil after removing the visible impurity, which, if it remained in thisThe questioner : over time, will decompose and that decomposed thing will stinkThe questioner : and become impure, and it is not permissible to eat it, sell it, or buy it. This is what relates to that question.
The questioner : May Allah reward you with good.
The Shaykh : And you.
The Shaykh : Is there anything else?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
