Commentary on the Book of Fiqh al-Sunnah " . . . . . .
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The Shaykh : And I bear witness that there is no god but Allah, alone, having no partner, and I bear witness that Muhammad is His slave and His messenger [Ali 'Imran 3:102] .
[An-Nisa 4:1] .
[Al-Ahzab 33:70-71] As for what follows:
Indeed, the best of speech is the speech of Allah, and the best of guidance is the guidance of Muhammad (peace and blessings be upon him and his family), and the worst of matters are their innovations, and every innovation is a religious innovation, and every religious innovation is misguidance, and every misguidance is in the Fire:
We discussed tonight in the Book of Fiqh al-Sunnah and " the residue (saur) ", and saur, as you know, is the water from which an animal drinks, whether it is a human or an animal, and then some remains. What is the ruling on this saur? This is our discussion tonight. The discussion is divided into chapters. It says: Chapter One. It says: The residue of a human being. It says: It is pure, whether from a Muslim, a disbeliever, one in a state of major ritual impurity, or a menstruating woman. There is no difference in the residue of a human being, whether he is a Muslim or a disbeliever, and whether the drinker is menstruating or pure or a polytheist. All these residues are pure and lawful to drink. Evidence is cited for this, or the doubt that may arise regarding it is refuted, from the saying of Allah the Glorious and Exalted[At-Tawbah 9:28]. It says: As for the saying of Allah, Blessed and Exalted is He [At-Tawbah 9:28], the intended meaning is their spiritual impurity, due to their false beliefs and their lack of caution regarding filth and ritual impurities, not that their physical bodies are impure. They used to mix with the Muslims, and their envoys and delegations would come to the Prophet (peace and blessings be upon him), and they would enter his mosque, and he did not order the washing of anything that their bodies had touched.
This chapter is, in reality, a matter agreed upon by the Muslims, meaning that the residue, whether from a believer or a disbeliever, from one who is pure or one who is menstruating or in a state of major ritual impurity, this residue is pure by the consensus of the scholars of the Muslims, with no disagreement among them. Therefore, the author limited himself to presenting a doubt that may arise in the minds of some people, along with the answer to it, which is the saying of Allah the Glorious and Exalted[At-Tawbah 9:28]. He answered that the impurity of the polytheist is not a physical impurity, but rather a spiritual impurity, due to the false beliefs and polytheistic, pagan opinions that exist in their hearts. For this reason, Allah, Blessed and Exalted is He, described them as impure, not because their physical bodies are impure such that if they touch something or tread on the ground, that thing becomes impure. The answer is no. This verse is explained in the sense for which the author cited it by a hadith that appeared in some books of hadith, but with a chain of narration containing weakness. I mention it for two reasons: the first is to point out its weakness, and the second is because this hadith clarifies the meaning of this noble verse.
That hadith says, in its meaning, that when the delegation of Najran entered the mosque, the mosque of the Messenger (may the prayer and peace of Allah be upon him), it seemed as if he knew that this was on the minds of his Companions, and it seemed as if the apparent meaning of the saying of the Glorious and Exalted[At-Tawbah 9:28] was coming to their minds. It seemed as if the apparent meaning was coming to their minds, as the Shi'ah understand it. The Shi'ah interpret it as their physical bodies, so this meaning seemed to come to the minds of the Companions of the Prophet (peace and blessings be upon him), and they were surprised by the entry of these impure ones, these polytheist Christians, into the mosque of the Messenger (peace and blessings be upon him). He (may the prayer and peace of Allah be upon him) noticed this on their faces and answered them by saying: " None of their impurity is in your mosque; rather, their impurity is in themselves". So, this story, despite its weakness in terms of the chain of narration, supports the intended meaning of the saying of the Glorious and Exalted [At-Tawbah 9:28], meaning that their impurity is a spiritual impurity, not a material impurity. If a disbeliever drinks from a vessel containing water or any drink, then this residue is pure and there is nothing wrong with it. Likewise, if they use vessels, cook in them, and pour lawful water and drinks into them, it is permissible for us to use them. Except in one case: if the vessel is one that it is most likely they use for the forbidden intoxicants, or if it is most likely that they cook pork, which is impure, filthy, and forbidden, in that vessel. In that case, it is not permissible for us to use these vessels except after washing them. Then he cited an authentic hadith.
The questioner : If this disbeliever eats or drinks intoxicants, or eats pork, and they drink from a vessel... is the remaining residue pure or impure?
The Shaykh : This is what we are discussing, may Allah bless you. Perhaps you came after we mentioned the text from the book and we repeated it. The residue, whether it is the residue of a believer or a disbeliever, or one who is pure or menstruating or in a state of major ritual impurity, is all pure, because there is no evidence in the Book or in the Sunnah regarding the impurity of the residue of the polytheist, and we have understood the aspect of the verse. And I mentioned the previous detail regarding some of the vessels of the polytheists, lest it be understood or come to the minds of some that since the residue itself is permissible to drink, taking the vessels from them to pour water or food or drink into them is permissible a fortiori. So that this meaning does not come to mind, even in this specific detail, I mentioned the previous detail. If these polytheists drink intoxicants and pour them into specific vessels, and we borrow them from them, for example, or take them from them in Islamic wars—may it return, if Allah wills—then in that case, it is not permissible for us to use them except after purifying and washing them. Likewise, the vessels in which it is most likely that they cook pork. As for the residue itself, there is no disagreement among the Muslims regarding its purity, and as we know, the original ruling for things is permissibility, along with the consensus of the Muslims in this matter, so the issue is certain to be permissible.
Another questioner: Perhaps the brother means when they drink intoxicants and eat pork... .
The Shaykh : The answer is the same... even if... and if what came to my mind from his question was this meaning, the answer does not differ, because this residue has the ruling of water in the general principle... .
The questioner : ... .
The Shaykh : Yes, this has the ruling of the residue of a cat. The residue of a cat, according to some of the known schools of jurisprudence, has three rulings. As for us, it has only one ruling. The three rulings are: it is definitely impure, it is pure, or it is doubtful. It is definitely impure if you see the cat catch a mouse... and then what? It licks in the vessel. This vessel is impure. It is pure if the cat is in the house and you are watching it, it has not gone out or come in, and it only eats the things that the people of the house provide for it, so its residue is pure. Or the third case, which is dislike, if a person doubts that it ate something impure but is not certain of it.
As for us, we have a hadith:Sunan Abi Dawud 75Hasan Sahih (Al-Albani) So its residue is pure. So the residue of the polytheist, if it is an honor for it to be compared to the cat... .
O you who have believed, fear Allah as He should be feared and do not die except as Muslims [in submission to Him].
يا أيها الذين آمنوا اتقوا الله حق تقاته ولا تموتن إلا وأنتم مسلمونO mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, over you, an Observer.
يا أيها الناس اتقوا ربكم الذي خلقكم من نفس واحدة وخلق منها زوجها وبث منهما رجالا كثيرا ونساء واتقوا الله الذي تساءلون به والأرحام إن الله كان عليكم رقيبا(70) O you who have believed, fear Allah and speak words of appropriate justice. (71) He will [then] amend for you your deeds and forgive you your sins. And whoever obeys Allah and His Messenger has certainly attained a great attainment.
يا أيها الذين آمنوا اتقوا الله وقولوا قولا سديدا يصلح لكم أعمالكم ويغفر لكم ذنوبكم ومن يطع الله ورسوله فقد فاز فوزا عظيماIndeed, the best of speech is the speech of Allah, and the best of guidance is the guidance of Muhammad (peace and blessings be upon him and his family), and the worst of matters are their innovations, and every innovation is a religious innovation, and every religious innovation is misguidance, and every misguidance is in the Fire:
We discussed tonight in the Book of Fiqh al-Sunnah and " the residue (saur) ", and saur, as you know, is the water from which an animal drinks, whether it is a human or an animal, and then some remains. What is the ruling on this saur? This is our discussion tonight. The discussion is divided into chapters. It says: Chapter One. It says: The residue of a human being. It says: It is pure, whether from a Muslim, a disbeliever, one in a state of major ritual impurity, or a menstruating woman. There is no difference in the residue of a human being, whether he is a Muslim or a disbeliever, and whether the drinker is menstruating or pure or a polytheist. All these residues are pure and lawful to drink. Evidence is cited for this, or the doubt that may arise regarding it is refuted, from the saying of Allah the Glorious and Exalted
indeed the polytheists are unclean, so let them not approach al-Masjid al-Haram after this, their [final] year
إنما المشركون نجس فلا يقربوا المسجد الحرام بعد عامهم هذاindeed the polytheists are unclean
إنما المشركون نجسThis chapter is, in reality, a matter agreed upon by the Muslims, meaning that the residue, whether from a believer or a disbeliever, from one who is pure or one who is menstruating or in a state of major ritual impurity, this residue is pure by the consensus of the scholars of the Muslims, with no disagreement among them. Therefore, the author limited himself to presenting a doubt that may arise in the minds of some people, along with the answer to it, which is the saying of Allah the Glorious and Exalted
indeed the polytheists are unclean
إنما المشركون نجسThat hadith says, in its meaning, that when the delegation of Najran entered the mosque, the mosque of the Messenger (may the prayer and peace of Allah be upon him), it seemed as if he knew that this was on the minds of his Companions, and it seemed as if the apparent meaning of the saying of the Glorious and Exalted
indeed the polytheists are unclean
إنما المشركون نجسindeed the polytheists are unclean
إنما المشركون نجسThe questioner : If this disbeliever eats or drinks intoxicants, or eats pork, and they drink from a vessel... is the remaining residue pure or impure?
The Shaykh : This is what we are discussing, may Allah bless you. Perhaps you came after we mentioned the text from the book and we repeated it. The residue, whether it is the residue of a believer or a disbeliever, or one who is pure or menstruating or in a state of major ritual impurity, is all pure, because there is no evidence in the Book or in the Sunnah regarding the impurity of the residue of the polytheist, and we have understood the aspect of the verse. And I mentioned the previous detail regarding some of the vessels of the polytheists, lest it be understood or come to the minds of some that since the residue itself is permissible to drink, taking the vessels from them to pour water or food or drink into them is permissible a fortiori. So that this meaning does not come to mind, even in this specific detail, I mentioned the previous detail. If these polytheists drink intoxicants and pour them into specific vessels, and we borrow them from them, for example, or take them from them in Islamic wars—may it return, if Allah wills—then in that case, it is not permissible for us to use them except after purifying and washing them. Likewise, the vessels in which it is most likely that they cook pork. As for the residue itself, there is no disagreement among the Muslims regarding its purity, and as we know, the original ruling for things is permissibility, along with the consensus of the Muslims in this matter, so the issue is certain to be permissible.
Another questioner: Perhaps the brother means when they drink intoxicants and eat pork... .
The Shaykh : The answer is the same... even if... and if what came to my mind from his question was this meaning, the answer does not differ, because this residue has the ruling of water in the general principle... .
The questioner : ... .
The Shaykh : Yes, this has the ruling of the residue of a cat. The residue of a cat, according to some of the known schools of jurisprudence, has three rulings. As for us, it has only one ruling. The three rulings are: it is definitely impure, it is pure, or it is doubtful. It is definitely impure if you see the cat catch a mouse... and then what? It licks in the vessel. This vessel is impure. It is pure if the cat is in the house and you are watching it, it has not gone out or come in, and it only eats the things that the people of the house provide for it, so its residue is pure. Or the third case, which is dislike, if a person doubts that it ate something impure but is not certain of it.
As for us, we have a hadith:
