The benefits of the hadith: (That the Messenger of Allah (peace and blessings be upon him) prohibited: (the price of a dog, the wage of a prostitute, and the fee of a fortune-teller)?)
Machine translationRead the Arabic original
The Shaykh : In this hadith, there are several benefits:
The first benefit is the prohibition of the price of a dog, which is derived from his sayingSunan Abi Dawud 3483Sahih (Al-Albani) and the original ruling in the prohibition?
The student: Prohibition.
The Shaykh : Prohibition.
And among its benefits is also that the apparent meaning of the hadith includes the prohibition of the price of a dog, even if it is a trained dog used for hunting, because the Messenger of Allah (peace and blessings be upon him) did not make an exception, did not make an exception. In fact, if someone were to say that the dog for hunting, guarding, and herding falls under the hadith primarily, if someone said that, we would say this is the correct view. Why?
The student: ...
The Shaykh : Yes, because dogs other than these are not sold or bought. And by this we know that excluding the dog for hunting, guarding, and herding has no basis, because how do we exclude it from the general meaning when the apparent meaning is that it is what is intended? The apparent meaning is that it is what is intended.
Now, if we find a person who has a herding dog, yes, and he refuses to give it to anyone who needs it except for a price, we say here that it is permissible to take it from him to save it. It is permissible to take it from him to save it. And the sin is upon whom?
The student: Upon the taker.
The Shaykh : The sin is upon the taker, upon the seller who sold the dog. Yes, and moreover, the seller who sold the dog, if he is in no need of it, it is forbidden for him to keep it, let alone sell it.
And among the benefits of the hadith is that the dog has no value, meaning if a hunting dog, guarding dog, or herding dog is destroyed, it has no value in the Shari'ah. It has no value in the Shari'ah, is that right? Because if it had value, its price would be permissible, its price would be permissible. Since value is compensation for the destroyed item, and price is compensation for the item lost from its owner, and in both cases there is deprivation of the dog's owner, for example, of its benefit. And this view is the stronger one, that it has no value. Yes, and that its destruction is a loss. The destruction of a hunting dog, guarding dog, or herding dog. If the owner of the dog whose dog was destroyed says, "My dog... sometimes the Bedouin says, 'My dog is worth my son!' Yes, it is very dear to him. Undoubtedly, this... I cannot be relieved except by the neck of this man. I seek refuge in Allah. Yes, some of them... what do we say? We say that in such a case, if a dog like his is found, he is given that; otherwise, he is given what soothes his anger to prevent harm and fitnah. To prevent harm and fitnah.
Now, and among the benefits of the hadith is the impurity of the dog, is that right? And for this reason, its price is prohibited, even though benefiting from it is permissible. Whereas a donkey is bought and sold because it is forbidden in itself, but its benefit is not forbidden. And at that point, a problem arises for us, and it is said: What is the difference between the donkey and the dog in this case? Why is it permissible to buy a donkey for the permissible benefit of riding and other uses, despite the prohibition of its essence and its impurity, while it is not permissible to buy a dog for the permissible benefit of hunting, guarding, and herding? And the answer is that it should be said...
The student: ...
The Shaykh : No, the text is clear, there is no problem. And may Allah reward you well. We are satisfied with this, but what is the wisdom in the fact that the Lawgiver distinguished between them?
So the answer is that it should be said: The severity of the dog's impurity. This is one point.
Second, the permissible benefit of the dog is not a permissible benefit in an absolute sense, but a permissible benefit when? Restricted by need, restricted by need. As for the donkey, the benefit in it is permissible in an absolute sense. It is permissible to keep a donkey even if you do not benefit from it. But it is not permissible to keep a dog or benefit from it except in case of need, except in case of need. So the difference between them appears from two aspects: The severity of the dog's impurity, because its impurity reaches seven washes, it is not purified except with seven washes, one of which is with earth. And the second is that the permissibility of the dog's benefit is restricted by what? By need. As for the donkey, its benefit is permissible absolutely.
Among the benefits of the hadith is the prohibition of the wage of a prostitute. The prohibition of the wage of a prostitute is by the prohibition of it. It is forbidden for the fornicating woman and forbidden for the fornicating man to give it to her. It is forbidden for her to take it, and forbidden for him to give it. The wisdom? Because this is compensation for a forbidden act, and the principle established by the Messenger of Allah (peace and blessings be upon him) is that when Allah forbids something, He forbids its price. And this fornication is forbidden by explicit text and consensus. So whatever is compensation for it is forbidden. This is one aspect.
The second aspect: If we permitted that, it would open the door to prostitution, because every woman who needs money would offer her private parts, may Allah protect us, through prostitution to obtain money.
And among the benefits of the hadith is that preserving honor is more important than preserving wealth, and that it must be preserved more. And for this reason, if you see a man committing fornication with your wife, it is permissible for you to kill him immediately without warning. And if you see a person eating from your pot, it is not permissible for you to kill him, even though this is your dinner and you have nothing else. It is not permissible to kill him. Why?
The student: ...
The Shaykh : You repel him with the easiest means, unlike honor, which is the greatest, the greatest crime.
And among the benefits of the hadith is the prohibition of prostitution. The prohibition of prostitution. The evidence? The aspect of indication?
The student: The prohibition of the compensation.
The Shaykh : Because when its compensation was prohibited, that became evidence for its prohibition. And its prohibition is known by other texts, but we want to take it from this hadith.
And among the benefits of the hadith is also the prohibition of fortune-telling and the prohibition of taking compensation for it. And the prohibition of taking compensation for it is evidence that it is forbidden, because if it were lawful, it would be permissible to take compensation for it. Clear?
And among its benefits is also the prohibition of giving the fortune-teller his fee for fortune-telling, because he prohibited the fee of the fortune-teller. Now, is it permissible for me to go to the fortune-teller without a fee?
The student: It is not permissible.
The Shaykh : We say no, it is not permissible, because going to the fortune-teller has no benefit except that you benefit from what he tells you, and this is forbidden, as indicated by the hadith. And on this basis, the hadith indicates the prohibition of going to the fortune-teller, because there is no benefit in going to the fortune-teller except asking about what he tells you regarding the unseen, and this is forbidden.
And it has come before us in the book of Tawhid that the one who goes to the fortune-teller is of three categories:
That he goes to him to test him and expose his lying and playing with people, and this is permissible, and it may be obligatory.
That he goes to him and asks him but does not believe him, and this is forbidden. And whoever does that, his prayer is not accepted for forty nights. And in this there is encouragement of the fortune-teller, and encouragement of others as well, if people see you going to him, especially if you have status in society, then this encourages people to go to the fortune-teller.
The third is that he goes to him and asks him and believes him, and this is disbelief, disbelief in what was revealed to Muhammad (peace and blessings be upon him), by the saying of the Prophet (peace and blessings be upon him).
Now, these forbidden things: the price of the dog, the fee of the fortune-teller, the wage of the prostitute, are they forbidden for the taker and forbidden for the giver, or not?
The student: Yes.
The Shaykh : Meaning, it is not permissible to give it to her. This is a man who came to a person who had a hunting dog, a hunting dog that does not fail in hunting, and he said, "Sell it to me." He said, "The dog is expensive for me." He said, "I will give you whatever you want in dirhams." He said, "I will not sell it except for ten thousand." He said, "I accept." So he took the dog from him, then he said, "I will not give you ten thousand." Why, man? He said, "Because the Messenger of Allah (peace and blessings be upon him) prohibited the price of a dog." And I will not give you. What do we do?
The student: ...
The Shaykh : Absolutely, he says, "The dog does not come back, the dog does not come back!"
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : Now, we say to this man: Either you return the dog if it is still there, and if it was destroyed and cannot be returned, either you return the dog or give me the dirhams, it is necessary. So we take the dirhams from him and put them in the treasury of the Muslims, and we do not give them to the owner of the dog, because the owner of the dog is not entitled to that. Now, if the owner of the dog says, "Return my dog to me," we look: if he needs it, we return it to him, because this is deception. And if he does not need it, we say, "You are not in need of it, and it is not permissible for you to keep it," and the dog remains with the one who has need of it. (Let us complete this discussion.) And we do not give him both the compensation and the compensated item.
This is a man who also stood at the door of a prostitute and tried her, and she said to him, "Absolutely, it is not possible except one hundred riyals every night. I seek refuge in Allah." So he agreed and started coming every night for ten nights, and he collected a thousand riyals for her. And when he finished the ten nights, she said, "Give me the thousand." He saidMusnad Ahmad 212[Da'of (Darussalam)!
The student : Hehehe.
The Shaykh : I seek refuge in Allah... the prohibition is only after he has relieved himself. I seek refuge in Allah. He said, "He prohibited the wage of the prostitute." So do we agree with him in that?
The student: ...
The Shaykh : Yes? Yes, in this case we say it is valid. We say, first, praise be to Allah, we take the one thousand riyals and place them in the public treasury. Second, if you are a married man, you are stoned to death; and if you are unmarried, you are flogged one hundred times and exiled for one year. Yes, in any case, this is if it is established, because he may deny it and not confess, or he may say that he did nothing. In any case, my intention is that it is not possible, yes, it is not possible to combine the compensation and the thing compensated for; they are not combined. As for those among the scholars, may Allah have mercy on them, who said that he is not given anything, we see that this issue, from one perspective... the rest of the research. Okay, yes?
The questioner : ... he has a hunting dog or a livestock dog, he has a hunting dog or a livestock dog.
The Shaykh : Yes.
The questioner : A man came and ... knowing that it would not yield anything ...
The Shaykh : Yes, indeed.
The questioner : What do we say about this?
The Shaykh : No, this is aggression.
The questioner : ... upon the man.
The Shaykh : Yes, we impose a discretionary punishment on him, we impose a discretionary punishment on him and do not give him the value.
The questioner : And we do not give him the value ...
The Shaykh : Yes. Waleed?
The first benefit is the prohibition of the price of a dog, which is derived from his saying
forbade the price paid for a dog
نهى عن ثمن الكلبThe student: Prohibition.
The Shaykh : Prohibition.
And among its benefits is also that the apparent meaning of the hadith includes the prohibition of the price of a dog, even if it is a trained dog used for hunting, because the Messenger of Allah (peace and blessings be upon him) did not make an exception, did not make an exception. In fact, if someone were to say that the dog for hunting, guarding, and herding falls under the hadith primarily, if someone said that, we would say this is the correct view. Why?
The student: ...
The Shaykh : Yes, because dogs other than these are not sold or bought. And by this we know that excluding the dog for hunting, guarding, and herding has no basis, because how do we exclude it from the general meaning when the apparent meaning is that it is what is intended? The apparent meaning is that it is what is intended.
Now, if we find a person who has a herding dog, yes, and he refuses to give it to anyone who needs it except for a price, we say here that it is permissible to take it from him to save it. It is permissible to take it from him to save it. And the sin is upon whom?
The student: Upon the taker.
The Shaykh : The sin is upon the taker, upon the seller who sold the dog. Yes, and moreover, the seller who sold the dog, if he is in no need of it, it is forbidden for him to keep it, let alone sell it.
And among the benefits of the hadith is that the dog has no value, meaning if a hunting dog, guarding dog, or herding dog is destroyed, it has no value in the Shari'ah. It has no value in the Shari'ah, is that right? Because if it had value, its price would be permissible, its price would be permissible. Since value is compensation for the destroyed item, and price is compensation for the item lost from its owner, and in both cases there is deprivation of the dog's owner, for example, of its benefit. And this view is the stronger one, that it has no value. Yes, and that its destruction is a loss. The destruction of a hunting dog, guarding dog, or herding dog. If the owner of the dog whose dog was destroyed says, "My dog... sometimes the Bedouin says, 'My dog is worth my son!' Yes, it is very dear to him. Undoubtedly, this... I cannot be relieved except by the neck of this man. I seek refuge in Allah. Yes, some of them... what do we say? We say that in such a case, if a dog like his is found, he is given that; otherwise, he is given what soothes his anger to prevent harm and fitnah. To prevent harm and fitnah.
Now, and among the benefits of the hadith is the impurity of the dog, is that right? And for this reason, its price is prohibited, even though benefiting from it is permissible. Whereas a donkey is bought and sold because it is forbidden in itself, but its benefit is not forbidden. And at that point, a problem arises for us, and it is said: What is the difference between the donkey and the dog in this case? Why is it permissible to buy a donkey for the permissible benefit of riding and other uses, despite the prohibition of its essence and its impurity, while it is not permissible to buy a dog for the permissible benefit of hunting, guarding, and herding? And the answer is that it should be said...
The student: ...
The Shaykh : No, the text is clear, there is no problem. And may Allah reward you well. We are satisfied with this, but what is the wisdom in the fact that the Lawgiver distinguished between them?
So the answer is that it should be said: The severity of the dog's impurity. This is one point.
Second, the permissible benefit of the dog is not a permissible benefit in an absolute sense, but a permissible benefit when? Restricted by need, restricted by need. As for the donkey, the benefit in it is permissible in an absolute sense. It is permissible to keep a donkey even if you do not benefit from it. But it is not permissible to keep a dog or benefit from it except in case of need, except in case of need. So the difference between them appears from two aspects: The severity of the dog's impurity, because its impurity reaches seven washes, it is not purified except with seven washes, one of which is with earth. And the second is that the permissibility of the dog's benefit is restricted by what? By need. As for the donkey, its benefit is permissible absolutely.
Among the benefits of the hadith is the prohibition of the wage of a prostitute. The prohibition of the wage of a prostitute is by the prohibition of it. It is forbidden for the fornicating woman and forbidden for the fornicating man to give it to her. It is forbidden for her to take it, and forbidden for him to give it. The wisdom? Because this is compensation for a forbidden act, and the principle established by the Messenger of Allah (peace and blessings be upon him) is that when Allah forbids something, He forbids its price. And this fornication is forbidden by explicit text and consensus. So whatever is compensation for it is forbidden. This is one aspect.
The second aspect: If we permitted that, it would open the door to prostitution, because every woman who needs money would offer her private parts, may Allah protect us, through prostitution to obtain money.
And among the benefits of the hadith is that preserving honor is more important than preserving wealth, and that it must be preserved more. And for this reason, if you see a man committing fornication with your wife, it is permissible for you to kill him immediately without warning. And if you see a person eating from your pot, it is not permissible for you to kill him, even though this is your dinner and you have nothing else. It is not permissible to kill him. Why?
The student: ...
The Shaykh : You repel him with the easiest means, unlike honor, which is the greatest, the greatest crime.
And among the benefits of the hadith is the prohibition of prostitution. The prohibition of prostitution. The evidence? The aspect of indication?
The student: The prohibition of the compensation.
The Shaykh : Because when its compensation was prohibited, that became evidence for its prohibition. And its prohibition is known by other texts, but we want to take it from this hadith.
And among the benefits of the hadith is also the prohibition of fortune-telling and the prohibition of taking compensation for it. And the prohibition of taking compensation for it is evidence that it is forbidden, because if it were lawful, it would be permissible to take compensation for it. Clear?
And among its benefits is also the prohibition of giving the fortune-teller his fee for fortune-telling, because he prohibited the fee of the fortune-teller. Now, is it permissible for me to go to the fortune-teller without a fee?
The student: It is not permissible.
The Shaykh : We say no, it is not permissible, because going to the fortune-teller has no benefit except that you benefit from what he tells you, and this is forbidden, as indicated by the hadith. And on this basis, the hadith indicates the prohibition of going to the fortune-teller, because there is no benefit in going to the fortune-teller except asking about what he tells you regarding the unseen, and this is forbidden.
And it has come before us in the book of Tawhid that the one who goes to the fortune-teller is of three categories:
That he goes to him to test him and expose his lying and playing with people, and this is permissible, and it may be obligatory.
That he goes to him and asks him but does not believe him, and this is forbidden. And whoever does that, his prayer is not accepted for forty nights. And in this there is encouragement of the fortune-teller, and encouragement of others as well, if people see you going to him, especially if you have status in society, then this encourages people to go to the fortune-teller.
The third is that he goes to him and asks him and believes him, and this is disbelief, disbelief in what was revealed to Muhammad (peace and blessings be upon him), by the saying of the Prophet (peace and blessings be upon him)
Whoever visits a fortune-teller and believes in what he says has disbelieved in what was revealed to Muhammad.
من أتى كاهنا فصدّقه فقد كفر أنزل على محمّدNow, these forbidden things: the price of the dog, the fee of the fortune-teller, the wage of the prostitute, are they forbidden for the taker and forbidden for the giver, or not?
The student: Yes.
The Shaykh : Meaning, it is not permissible to give it to her. This is a man who came to a person who had a hunting dog, a hunting dog that does not fail in hunting, and he said, "Sell it to me." He said, "The dog is expensive for me." He said, "I will give you whatever you want in dirhams." He said, "I will not sell it except for ten thousand." He said, "I accept." So he took the dog from him, then he said, "I will not give you ten thousand." Why, man? He said, "Because the Messenger of Allah (peace and blessings be upon him) prohibited the price of a dog." And I will not give you. What do we do?
The student: ...
The Shaykh : Absolutely, he says, "The dog does not come back, the dog does not come back!"
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : Now, we say to this man: Either you return the dog if it is still there, and if it was destroyed and cannot be returned, either you return the dog or give me the dirhams, it is necessary. So we take the dirhams from him and put them in the treasury of the Muslims, and we do not give them to the owner of the dog, because the owner of the dog is not entitled to that. Now, if the owner of the dog says, "Return my dog to me," we look: if he needs it, we return it to him, because this is deception. And if he does not need it, we say, "You are not in need of it, and it is not permissible for you to keep it," and the dog remains with the one who has need of it. (Let us complete this discussion.) And we do not give him both the compensation and the compensated item.
This is a man who also stood at the door of a prostitute and tried her, and she said to him, "Absolutely, it is not possible except one hundred riyals every night. I seek refuge in Allah." So he agreed and started coming every night for ten nights, and he collected a thousand riyals for her. And when he finished the ten nights, she said, "Give me the thousand." He said
It was narrated from ʼUmar bin al-Khattab that the Prophet (ﷺ) forbade 'azl (coitus interruptus) with a free woman, except with her permission.
إنّ النّبيّ صلّى الله عليه وسلّم نهى عن مهر البغيّThe student : Hehehe.
The Shaykh : I seek refuge in Allah... the prohibition is only after he has relieved himself. I seek refuge in Allah. He said, "He prohibited the wage of the prostitute." So do we agree with him in that?
The student: ...
The Shaykh : Yes? Yes, in this case we say it is valid. We say, first, praise be to Allah, we take the one thousand riyals and place them in the public treasury. Second, if you are a married man, you are stoned to death; and if you are unmarried, you are flogged one hundred times and exiled for one year. Yes, in any case, this is if it is established, because he may deny it and not confess, or he may say that he did nothing. In any case, my intention is that it is not possible, yes, it is not possible to combine the compensation and the thing compensated for; they are not combined. As for those among the scholars, may Allah have mercy on them, who said that he is not given anything, we see that this issue, from one perspective... the rest of the research. Okay, yes?
The questioner : ... he has a hunting dog or a livestock dog, he has a hunting dog or a livestock dog.
The Shaykh : Yes.
The questioner : A man came and ... knowing that it would not yield anything ...
The Shaykh : Yes, indeed.
The questioner : What do we say about this?
The Shaykh : No, this is aggression.
The questioner : ... upon the man.
The Shaykh : Yes, we impose a discretionary punishment on him, we impose a discretionary punishment on him and do not give him the value.
The questioner : And we do not give him the value ...
The Shaykh : Yes. Waleed?