A discussion on the meaning 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 : It is permissible to keep a dog for three needs. For three needs. What are they? Hussein.
The student: First, a hunting dog.
The Shaykh : Yes.
The student: Second, for guarding.
The Shaykh : Guarding what?
The student: For guarding, one is afraid, so he keeps a dog to guard him.
The Shaykh : Guarding the house?
The student: Yes.
The Shaykh : Did the Sunnah mention guarding the house?
The student: No, guarding livestock.
The Shaykh : Very well.
The student: The third matter is that he keeps it not for anything, but rather...
The Shaykh : ...for nothing? Does the prohibition remain?
The student: It is the second one.
The Shaykh : We said that it is permissible to keep a dog for three needs.
The student: It is permissible for hunting and guarding livestock.
The Shaykh : And the third?
The student: The third is for agriculture.
The Shaykh : Agriculture.
The student: And hunting.
The Shaykh : Hunting, livestock, and agriculture. Now, can something similar be analogized to these? Hajjaj?
The student: ...
The Shaykh : Huh?
The student: No.
The Shaykh : Can something similar be analogized to these needs or not? It seems you are absent from us?
The student: ...
The Shaykh : Huh? Now, is there anything in Egypt?
The student: There are some things.
The Shaykh : Some things. Now, what about you, Abd al-Rahman?
The student: Yes, what is similar to them can be analogized to them.
The Shaykh : Yes, what is similar to them, or as... Now.
If someone asks why the Messenger (peace and blessings be upon him) did not say, "Whoever keeps a dog except a dog of need," to generalize it? Yes.
The student: It was reported from the Prophet (peace and blessings be upon him) that he specifies certain things for a need that the situation required.
The Shaykh : Yes.
The student: ... (peace and blessings be upon him).
The Shaykh : Because that was what was present in his time. Yes. Now, specifying a thing is more eloquent than generalizing. Now.
Now, come on, Talaal. Regarding the word "dog," is the "al" here for covenant, for indicating reality, or for generality?
The student: For the generality.
The Shaykh : For generality. What is the rule for the generality of "al"?
The student: The noun defined by "al" is usually...
The Shaykh : Usually?! Give us a rule, a rule? Now, Muhammad?
The student: It means it is...
The Shaykh : No, no. The names... that do not apply to the dog and its like, yes?
The student: The "al" of comprehensiveness, comprehensiveness...
The Shaykh : What is its rule? Mustafa?
The student: That it is valid to substitute "every" in its place.
The Shaykh : Correct. "Every" with a sukun?
The student: Every.
The Shaykh : With a shaddah?
The student: Yes. Because I stopped on a static letter.
The Shaykh : Yes, now. That it is valid to substitute "every" with a shaddah in its place. So, for example, if we said, "He prohibited the price of every dog," is that correct?
The student: Yes.
The Shaykh : Correct. Now, is the trained dog excluded from that, brother?
The student: Yes.
The Shaykh : Is the trained dog excluded? So the price of the trained dog is permissible. Wait, everyone! Raising the hands means you are telling the answerer that he made a mistake. Let the one who makes a mistake today be correct tomorrow.
The student: The trained dog...
The Shaykh : Yes.
The student: It means...
The Shaykh : Its price is permissible.
The student: No, its price is not permissible.
The Shaykh : How? And what does "excluded" mean? We are talking now about its price, not its benefit. It is not permissible. Where did you take the non-permissibility from?
The student: FromSunan Abi Dawud 3483Sahih (Al-Albani).
The Shaykh : Now, the "al" in "dog" here "al" refers to the genus... the generality applies to a single dog. Now, brother, yes?
The student: We say that "al" here is for generality.
The Shaykh : For generality, yes.
The student: And the evidence is that "every" can be substituted in its place.
The Shaykh : Correct.
The student: And the inclusion of the trained dog is a fortiori, because...
The Shaykh : It may be said that it is a fortiori.
The student: It may be said that it is a fortiori because... it is the trained dog.
The Shaykh : Because it is not trained, no one... or not? Because the untrained one is not sought... it goes out to the field and brings a hundred dogs. Now, in any case, we say that "al" here is for generality, so any individual that comes out of this generality, upon the one who excludes it?
The student: The evidence.
The Shaykh : The evidence. Now, the wage of the prostitute. Who is the prostitute?
The student: The fornicator.
The Shaykh : The fornicator. Do you have a witness from the Qur'an that supports what you say?
The student: ...
The Shaykh : Yes, Rishad?
The student: His saying, the Exalted:[An-Nur 24:33].
The Shaykh : Well done. That is regarding fornication. Now, what is the wage of the prostitute?
The student: It is the compensation for the man's enjoyment of her.
The Shaykh : Well done. It means what is given to the fornicator...
The student: To the fornicator in exchange for enjoyment.
The Shaykh : Now, regarding the word, who is the fortune-teller, Hussein?
The student: He is the one who claims knowledge of the future.
The Shaykh : Knowledge of the unseen in the future. What is the origin of fortune-telling?
The student: ...
The Shaykh : Did the people in the pre-Islamic age of ignorance have it?
The student: They had jinn... they had jinn who ascend and eavesdrop on the hearing.
The Shaykh : Yes.
The student: Then they descend to...
The Shaykh : Yes, so they inform the fortune-tellers of what they learned of the unseen, and the people resort to them for judgment. Yes. Now, we mentioned that among the foolishness of the people of the pre-Islamic age of ignorance is that they resorted to fortune-tellers who tell the truth once in a hundred? Yes.
The student: Me?
The Shaykh : Yes, indeed.
The student: That... the Prophet (peace and blessings be upon him), when he was sent to them, came with all things, or he said, "Inform... the unseen things one hundred percent."
The Shaykh : All of it is truth, and these people lie more than they tell the truth, and yet they honor them and resort to them for judgment. This is among their foolishness and Satan's misguidance of them. Now, what is the fee of the fortune-teller, Khalid?
The student: What is given to him in exchange for fortune-telling.
The Shaykh : Why is it called "hulwan" (fee)?
The student: Because he takes it without effort.
The Shaykh : So he takes it sweetly. Now, is the prohibition here for the taker or the giver, Sami...?
The student: The taker and the giver.
The Shaykh : The taker and the giver. That means the price of the dog is forbidden for the one who pays it and the one who takes it. The wage of the prostitute?
The student: It is forbidden for the prostitute herself and for the one who pays it.
The Shaykh : The fee of the fortune-teller?
The student: Likewise.
The Shaykh : Likewise. Now, that it is upon the taker is clear? That it is upon the giver?
The student: Because he is facilitating it for him.
The Shaykh : Because he is facilitating it for him. Now, this man committed fornication with a woman and gave her a dowry, Khalid. Before giving her the dowry, he said to herSunan an-Nasa'i 5092Sahih (Darussalam). After he relieved himself, religion and worship came! He said Sunan an-Nasa'i 5092Sahih (Darussalam). What do we say to him?
The student: If that is issued, the hudud punishment is established against him, and the money is taken from him and placed in the public treasury.
The Shaykh : How?
The student: If he confesses to it.
The Shaykh : Yes.
The student: The hudud punishment is established against him.
The Shaykh : Yes.
The student: And the money is taken from him and placed in the public treasury.
The Shaykh : And what is it?
The student: The hudud punishment is also established against her.
The Shaykh : And the hudud punishment is established against her. Now, if his act does not reach the hudud, meaning he did not make a legal confession...
The student: He denied it?
The Shaykh : No, he did not deny it, he did not deny it. Suppose it did not reach the ruler. Between them, is it permissible for him to do that?
The student: It is not permissible for him to give her anything. There is a rule that one does not combine the compensation and the compensated item...
The Shaykh : Yes, now. He has done it and finished with her, and when she came to ask for it, the Messenger saidMusannaf Ibn Abi Shaybah 6:1432, and we cannot do what the Messenger (peace and blessings be upon him) prohibited.
The student: It is not permissible for him to give her anything, he does not give her anything.
The Shaykh : Now, she says that he enjoyed her. We think we discussed this?
The student: Yes, indeed.
The Shaykh : Yes?
The student: It is not permissible, because if Allah forbids something, He forbids its price.
The Shaykh : Now, does that mean this man earned dirhams, may Allah protect us, and committed fornication?
The student: No, he only committed fornication.
The Shaykh : He did not give her the dirhams.
The student: Yes.
The Shaykh : He did not give her the dirhams.
The student: ...
The Shaykh : No, how?
The student: ...from lawful means.
The Shaykh : Yes, now, this...
The student: ...the dirhams.
The Shaykh : Yes.
The student: ...
The Shaykh : Yes, we say this is not permissible for her nor for him. As for her, it is not permissible because the Messenger (peace and blessings be upon him) prohibited it. And as for him, because he took it out of his ownership, but it is given to the public treasury so that he does not combine the compensation and the compensated item. However, if he says that he repented, but if he says that he repented with sincere repentance and is truthful in his statement that the Prophet (peace and blessings be upon him) prohibited the wage of the prostitute, then at that time we may say that completing your repentance is to take out this money, to take out this money is part of completing your repentance, because you have now taken its compensation. And it may be said that if he repents, he is not obligated to take it out of his ownership because it is not legally due from him.
The questioner : Is it permissible to give it in charity?
The Shaykh : Yes, he gives it in charity. Now, regarding the fortune-teller, we mentioned that visiting fortune-tellers is in three categories, yes?
The student: Three categories: If he visits him to test him, examine him, and expose his deception and trickery of the people, then this is considered obligatory. And if he visits him and does not believe him, but visits him like this...
The Shaykh : ...
The student: He visits him and does not believe him, then it is forbidden for him, and his prayer is not accepted for forty days.
The Shaykh : Yes.
The student: And if he visits him, asks him, and believes what he says, then he has disbelieved in what was revealed to Muhammad (peace and blessings be upon him).
The Shaykh : Why? The evidence and the reasoning?
The student: Because the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 639Hasan (Darussalam).
The Shaykh : This and the reasoning?
The student: The reasoning is that he may have believed this fortune-teller, even though he lies, or he may happen to be right once in a hundred times, whereas the Messenger (peace and blessings be upon him) brought the truth.
The Shaykh : No. No. Yes, Yahya?
The student: Because he did not do it except while believing that he benefits and harms, or that he knows the unseen.
The Shaykh : No, Hamad?
The student: Because he denies the Qur'an and that this [person] came to report about the unseen[An-Naml 27:65].
The Shaykh : Well done, that is enough. Shall we start a new lesson now?
The student: Yes.
The Shaykh : He said: "And from Jabir ibn 'Abd Allah (may Allah be pleased with them both), that he was on a camel of his that had become exhausted, so he wanted to let it go" ...
The student: The issue of the dog is ...
The Shaykh : How?
The student: You mentioned an issue and said it is important for the next lesson.
The Shaykh : And what is it?
The student: The issue of disputing over the price of a trained dog, or if it is destroyed.
The Shaykh : Yes.
The student: ...
The Shaykh : No, I think we discussed it.
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : Okay, we mentioned that its price is not permissible, yes. And if it is destroyed? We said that it has no value in the Shari'ah, but he is given a discretionary punishment for transgressing against what is specific to this man, yes. Because it is obligatory for the one who has a trained dog, or crops, or livestock, so it is obligatory for the one who has such things, if he no longer needs them, to offer them for free to whoever wants them, or to let them go, because it is not permissible to keep a dog except for a need from the needs of dogs.
The questioner : Shaykh, is the cat included with the dog?
The Shaykh : Yes.
The questioner : ...
The Shaykh : I do not think the author mentioned it, yes.
The student: First, a hunting dog.
The Shaykh : Yes.
The student: Second, for guarding.
The Shaykh : Guarding what?
The student: For guarding, one is afraid, so he keeps a dog to guard him.
The Shaykh : Guarding the house?
The student: Yes.
The Shaykh : Did the Sunnah mention guarding the house?
The student: No, guarding livestock.
The Shaykh : Very well.
The student: The third matter is that he keeps it not for anything, but rather...
The Shaykh : ...for nothing? Does the prohibition remain?
The student: It is the second one.
The Shaykh : We said that it is permissible to keep a dog for three needs.
The student: It is permissible for hunting and guarding livestock.
The Shaykh : And the third?
The student: The third is for agriculture.
The Shaykh : Agriculture.
The student: And hunting.
The Shaykh : Hunting, livestock, and agriculture. Now, can something similar be analogized to these? Hajjaj?
The student: ...
The Shaykh : Huh?
The student: No.
The Shaykh : Can something similar be analogized to these needs or not? It seems you are absent from us?
The student: ...
The Shaykh : Huh? Now, is there anything in Egypt?
The student: There are some things.
The Shaykh : Some things. Now, what about you, Abd al-Rahman?
The student: Yes, what is similar to them can be analogized to them.
The Shaykh : Yes, what is similar to them, or as... Now.
If someone asks why the Messenger (peace and blessings be upon him) did not say, "Whoever keeps a dog except a dog of need," to generalize it? Yes.
The student: It was reported from the Prophet (peace and blessings be upon him) that he specifies certain things for a need that the situation required.
The Shaykh : Yes.
The student: ... (peace and blessings be upon him).
The Shaykh : Because that was what was present in his time. Yes. Now, specifying a thing is more eloquent than generalizing. Now.
Now, come on, Talaal. Regarding the word "dog," is the "al" here for covenant, for indicating reality, or for generality?
The student: For the generality.
The Shaykh : For generality. What is the rule for the generality of "al"?
The student: The noun defined by "al" is usually...
The Shaykh : Usually?! Give us a rule, a rule? Now, Muhammad?
The student: It means it is...
The Shaykh : No, no. The names... that do not apply to the dog and its like, yes?
The student: The "al" of comprehensiveness, comprehensiveness...
The Shaykh : What is its rule? Mustafa?
The student: That it is valid to substitute "every" in its place.
The Shaykh : Correct. "Every" with a sukun?
The student: Every.
The Shaykh : With a shaddah?
The student: Yes. Because I stopped on a static letter.
The Shaykh : Yes, now. That it is valid to substitute "every" with a shaddah in its place. So, for example, if we said, "He prohibited the price of every dog," is that correct?
The student: Yes.
The Shaykh : Correct. Now, is the trained dog excluded from that, brother?
The student: Yes.
The Shaykh : Is the trained dog excluded? So the price of the trained dog is permissible. Wait, everyone! Raising the hands means you are telling the answerer that he made a mistake. Let the one who makes a mistake today be correct tomorrow.
The student: The trained dog...
The Shaykh : Yes.
The student: It means...
The Shaykh : Its price is permissible.
The student: No, its price is not permissible.
The Shaykh : How? And what does "excluded" mean? We are talking now about its price, not its benefit. It is not permissible. Where did you take the non-permissibility from?
The student: From
forbade the price paid for a dog
نهى عن ثمن الكلبThe Shaykh : Now, the "al" in "dog" here "al" refers to the genus... the generality applies to a single dog. Now, brother, yes?
The student: We say that "al" here is for generality.
The Shaykh : For generality, yes.
The student: And the evidence is that "every" can be substituted in its place.
The Shaykh : Correct.
The student: And the inclusion of the trained dog is a fortiori, because...
The Shaykh : It may be said that it is a fortiori.
The student: It may be said that it is a fortiori because... it is the trained dog.
The Shaykh : Because it is not trained, no one... or not? Because the untrained one is not sought... it goes out to the field and brings a hundred dogs. Now, in any case, we say that "al" here is for generality, so any individual that comes out of this generality, upon the one who excludes it?
The student: The evidence.
The Shaykh : The evidence. Now, the wage of the prostitute. Who is the prostitute?
The student: The fornicator.
The Shaykh : The fornicator. Do you have a witness from the Qur'an that supports what you say?
The student: ...
The Shaykh : Yes, Rishad?
The student: His saying, the Exalted:
And do not compel your slave girls to prostitution, if they desire chastity
ولا تكرهوا فتياتكم على البغاء إن أردن تحصّناThe Shaykh : Well done.
to prostitution
على البغاءThe student: It is the compensation for the man's enjoyment of her.
The Shaykh : Well done. It means what is given to the fornicator...
The student: To the fornicator in exchange for enjoyment.
The Shaykh : Now, regarding the word
The fee of the fortune-teller
حلوان الكاهنThe student: He is the one who claims knowledge of the future.
The Shaykh : Knowledge of the unseen in the future. What is the origin of fortune-telling?
The student: ...
The Shaykh : Did the people in the pre-Islamic age of ignorance have it?
The student: They had jinn... they had jinn who ascend and eavesdrop on the hearing.
The Shaykh : Yes.
The student: Then they descend to...
The Shaykh : Yes, so they inform the fortune-tellers of what they learned of the unseen, and the people resort to them for judgment. Yes. Now, we mentioned that among the foolishness of the people of the pre-Islamic age of ignorance is that they resorted to fortune-tellers who tell the truth once in a hundred? Yes.
The student: Me?
The Shaykh : Yes, indeed.
The student: That... the Prophet (peace and blessings be upon him), when he was sent to them, came with all things, or he said, "Inform... the unseen things one hundred percent."
The Shaykh : All of it is truth, and these people lie more than they tell the truth, and yet they honor them and resort to them for judgment. This is among their foolishness and Satan's misguidance of them. Now, what is the fee of the fortune-teller, Khalid?
The student: What is given to him in exchange for fortune-telling.
The Shaykh : Why is it called "hulwan" (fee)?
The student: Because he takes it without effort.
The Shaykh : So he takes it sweetly. Now, is the prohibition here for the taker or the giver, Sami...?
The student: The taker and the giver.
The Shaykh : The taker and the giver. That means the price of the dog is forbidden for the one who pays it and the one who takes it. The wage of the prostitute?
The student: It is forbidden for the prostitute herself and for the one who pays it.
The Shaykh : The fee of the fortune-teller?
The student: Likewise.
The Shaykh : Likewise. Now, that it is upon the taker is clear? That it is upon the giver?
The student: Because he is facilitating it for him.
The Shaykh : Because he is facilitating it for him. Now, this man committed fornication with a woman and gave her a dowry, Khalid. Before giving her the dowry, he said to her
The Messenger of Allah [SAW] forbade
إنّ الرّسول صلّى الله عليه وسلّم نهى عن مهر البغي!The Messenger of Allah [SAW] forbade
إنّ الرّسول صلّى الله عليه وسلّم نهى عن مهر البغيّThe student: If that is issued, the hudud punishment is established against him, and the money is taken from him and placed in the public treasury.
The Shaykh : How?
The student: If he confesses to it.
The Shaykh : Yes.
The student: The hudud punishment is established against him.
The Shaykh : Yes.
The student: And the money is taken from him and placed in the public treasury.
The Shaykh : And what is it?
The student: The hudud punishment is also established against her.
The Shaykh : And the hudud punishment is established against her. Now, if his act does not reach the hudud, meaning he did not make a legal confession...
The student: He denied it?
The Shaykh : No, he did not deny it, he did not deny it. Suppose it did not reach the ruler. Between them, is it permissible for him to do that?
The student: It is not permissible for him to give her anything. There is a rule that one does not combine the compensation and the compensated item...
The Shaykh : Yes, now. He has done it and finished with her, and when she came to ask for it, the Messenger said
He prohibited the price of a prostitute
نهى عن مهر البغيّThe student: It is not permissible for him to give her anything, he does not give her anything.
The Shaykh : Now, she says that he enjoyed her. We think we discussed this?
The student: Yes, indeed.
The Shaykh : Yes?
The student: It is not permissible, because if Allah forbids something, He forbids its price.
The Shaykh : Now, does that mean this man earned dirhams, may Allah protect us, and committed fornication?
The student: No, he only committed fornication.
The Shaykh : He did not give her the dirhams.
The student: Yes.
The Shaykh : He did not give her the dirhams.
The student: ...
The Shaykh : No, how?
The student: ...from lawful means.
The Shaykh : Yes, now, this...
The student: ...the dirhams.
The Shaykh : Yes.
The student: ...
The Shaykh : Yes, we say this is not permissible for her nor for him. As for her, it is not permissible because the Messenger (peace and blessings be upon him) prohibited it. And as for him, because he took it out of his ownership, but it is given to the public treasury so that he does not combine the compensation and the compensated item. However, if he says that he repented, but if he says that he repented with sincere repentance and is truthful in his statement that the Prophet (peace and blessings be upon him) prohibited the wage of the prostitute, then at that time we may say that completing your repentance is to take out this money, to take out this money is part of completing your repentance, because you have now taken its compensation. And it may be said that if he repents, he is not obligated to take it out of his ownership because it is not legally due from him.
The questioner : Is it permissible to give it in charity?
The Shaykh : Yes, he gives it in charity. Now, regarding the fortune-teller, we mentioned that visiting fortune-tellers is in three categories, yes?
The student: Three categories: If he visits him to test him, examine him, and expose his deception and trickery of the people, then this is considered obligatory. And if he visits him and does not believe him, but visits him like this...
The Shaykh : ...
The student: He visits him and does not believe him, then it is forbidden for him, and his prayer is not accepted for forty days.
The Shaykh : Yes.
The student: And if he visits him, asks him, and believes what he says, then he has disbelieved in what was revealed to Muhammad (peace and blessings be upon him).
The Shaykh : Why? The evidence and the reasoning?
The student: Because the Prophet (peace and blessings be upon him) said:
or who goes to a fortuneteller and believes what he says, he has disbelieved in that which was revealed to Muhammad.
من أتى عرّافا فسأله فصدّقه بما يقول فقد كفر بما أنزل على محمّدThe Shaykh : This and the reasoning?
The student: The reasoning is that he may have believed this fortune-teller, even though he lies, or he may happen to be right once in a hundred times, whereas the Messenger (peace and blessings be upon him) brought the truth.
The Shaykh : No. No. Yes, Yahya?
The student: Because he did not do it except while believing that he benefits and harms, or that he knows the unseen.
The Shaykh : No, Hamad?
The student: Because he denies the Qur'an and that this [person] came to report about the unseen
Say, "None in the heavens and earth knows the unseen except Allah
قل لا يعلم من في السّماوات والأرض الغيب إلاّ اللهThe Shaykh : Well done, that is enough. Shall we start a new lesson now?
The student: Yes.
The Shaykh : He said: "And from Jabir ibn 'Abd Allah (may Allah be pleased with them both), that he was on a camel of his that had become exhausted, so he wanted to let it go" ...
The student: The issue of the dog is ...
The Shaykh : How?
The student: You mentioned an issue and said it is important for the next lesson.
The Shaykh : And what is it?
The student: The issue of disputing over the price of a trained dog, or if it is destroyed.
The Shaykh : Yes.
The student: ...
The Shaykh : No, I think we discussed it.
The student: ...
The Shaykh : Huh?
The student: ...
The Shaykh : Okay, we mentioned that its price is not permissible, yes. And if it is destroyed? We said that it has no value in the Shari'ah, but he is given a discretionary punishment for transgressing against what is specific to this man, yes. Because it is obligatory for the one who has a trained dog, or crops, or livestock, so it is obligatory for the one who has such things, if he no longer needs them, to offer them for free to whoever wants them, or to let them go, because it is not permissible to keep a dog except for a need from the needs of dogs.
The questioner : Shaykh, is the cat included with the dog?
The Shaykh : Yes.
The questioner : ...
The Shaykh : I do not think the author mentioned it, yes.
