Bukhari

Hadith Commentary:
Makkah was conquered in 8 AH.

As for the fat of carrion, most scholars have stated regarding it that its sale is forbidden, but deriving benefit from it is permissible. For example, applying it to boats or using it to light lamps. Some have said that no benefit may be derived from it except that which is explicitly mentioned in the hadith, i.e., the hide—when it has been tanned. If any pure thing becomes impure, such as wood or cloth, then according to the majority of scholars, its sale is permissible.

Shah Waliullah Muhaddith Dehlawi rahimahullah states: The Messenger of Allah sallallahu alayhi wa sallam said:
“Inna Allaha wa rasulahu harrama bay‘a al-khamri wa al-maytati wa al-khinziri wa al-asnam”
Meaning: Allah and His Messenger sallallahu alayhi wa sallam have declared the trade of wine, carrion, swine, and idols to be forbidden. And also, he sallallahu alayhi wa sallam said:
“Inna Allaha idha harrama shay’an harrama thamana-hu”
Indeed, when Allah has declared something forbidden, He has also forbidden its price. That is, when a way of deriving benefit from a thing is specified—for example, wine is for drinking, and idols are only for worship—then Allah has forbidden them. Therefore, the wisdom behind this necessitates that their sale also be forbidden.

And also, he sallallahu alayhi wa sallam said:
“Mahr al-baghi khabith”
That is, the wage of a prostitute is impure. And the Prophet sallallahu alayhi wa sallam forbade giving payment to a soothsayer, and he sallallahu alayhi wa sallam prohibited earning from a female singer.

I say: Any wealth in the acquisition of which there is a mixture of sin, deriving benefit from such wealth is forbidden for two reasons:
➊ Firstly, forbidding such wealth and not deriving benefit from it serves to prevent disobedience, and establishing such transactions as customary leads to the spread of corruption and encourages people towards that sin.
➋ Secondly, in people’s minds and understanding, a loophole is created regarding the price of the sold item, and the impurity of this act permeates their knowledge, this price, and this wage, and it also affects people’s souls.

For this reason, the Prophet sallallahu alayhi wa sallam, in the matter of wine, cursed the one who squeezes it, the one for whom it is squeezed, the one who drinks it, the one who carries it, and the one to whom it is carried—all of them—because assisting in sin, spreading it, and directing people towards it is also a sin and causes corruption in the land.

Jabir ibn Abdullah radi Allahu anhu, who is the narrator of this hadith, his kunya is Abu Abdullah, and he is among the Ansar. He was from the tribe of Salama. He is counted among those famous Companions who narrated a large number of hadiths. He participated in Badr and all the battles, the total of which is eighteen. He undertook missionary and educational journeys to Syria and Egypt. In the latter part of his life, he lost his eyesight. A large group narrated hadiths from him. He passed away in Madinah al-Munawwarah in 74 AH at the age of 94, during the reign of Abdul Malik ibn Marwan. It is said that among the Companions radi Allahu anhum, he was the last to pass away. Radi Allahu anhu wa ardah. Ameen.

The blessed month of Ramadan, 8 AH, corresponding to 630 CE, was when Makkah was conquered. At that time, there were ten thousand noble Companions radi Allahu anhum with the Noble Prophet sallallahu alayhi wa sallam. In this way, the prophecy of the sacred scriptures was fulfilled, the translation of which is as follows:
“The Lord came from Sinai, and dawned from Seir upon them, and shone forth from Mount Paran. He came with ten thousand holy ones. At his right hand was a fiery law for them. Indeed, he loves the people; all his holy ones are in your hand, and they sit at your feet; everyone receives your words.” (Torah, Deuteronomy 33:2-4)

On the occasion of this great historical conquest, the Prophet sallallahu alayhi wa sallam delivered a general address, in which he also issued the rulings regarding the trade of wine, carrion, swine, and idols, which have been mentioned here.

(Note)
The printed Torah of Calcutta, 1842, is before me; I am quoting this prophecy from it. (Raaz)

Hadith Commentary:
(1)
The buying and selling of alcohol, carrion, and swine is prohibited because all these things are impure and filthy. Similarly, as long as idols retain their forms, it is not permissible to earn profit from them. When they are broken, however, there is no harm in buying and selling them as fuel.

(2)
It should be noted that fat was forbidden to the Jews. They issued a legal opinion (fatwa) that only its consumption was prohibited, as if they had found a loophole to benefit from it. In the same way, when people said to the Messenger of Allah (sallallahu alayhi wa sallam) that they used the fat of carrion for such-and-such purposes, he referred to the Jews on that occasion, indicating that this is a device to make the unlawful lawful, and therefore it is not permissible to do so. If a lawful animal dies, its skin may be tanned and used. This permissibility is found in the hadith.

Hadith Commentary:
That is, just as Allah has forbidden the consumption of alcohol, He has likewise forbidden the trade of alcohol. Those who, despite being called Muslims, engage in this business are among the most severe criminals in the sight of Allah.

Hadith Commentary:
Imam Bukhari rahimahullah has detailed this hadith in the Book of Transactions (Kitab al-Buyu‘), where the Messenger of Allah sallallahu alayhi wa sallam, in the year of the conquest of Makkah, forbade the buying and selling of wine, carrion, swine, and idols.
(Sahih al-Bukhari, al-Buyu‘, Hadith: 2236.)
For this reason, Imam Bukhari rahimahullah has mentioned it here.
The purpose here is not to state the permissibility or prohibition of any particular issue, but rather, it is mentioned solely because it contains a reference to the conquest of Makkah.

Hadith Commentary: Benefits and Issues: (1)
By "carrion" (maytah) is meant those animals which die of themselves, or are not slaughtered according to the prescribed Islamic method. The flesh of carrion is unanimously forbidden, and fish and locusts are, in light of the hadith, exceptions to this. There is a difference of opinion regarding the remaining parts. According to Imam Abu Hanifah and Imam Malik rahimahum Allah, those parts in which there is no life, such as hair, nails, hooves, and horns, it is permissible to benefit from them and to sell them. However, according to Imam Shafi'i and Ahmad rahimahum Allah, all parts of carrion are impure, and therefore their buying and selling is not permissible. This is what Allamah 'Ayni rahimahullah has written. But according to Hafiz Ibn Qayyim rahimahullah, those parts in which there is no life are not considered carrion, so according to the majority of scholars, these parts of a pure animal, even if it becomes carrion, will remain pure. This is the position of Imam Abu Hanifah, Imam Malik, Imam Ahmad, Imam Layth, Imam Dawud, and others rahimahum Allah; only Imam Shafi'i considers them impure. (Zad al-Ma'ad, vol. 5, p. 667) There is a difference of opinion regarding bones. Those scholars who do not consider them impure, such as Imam Abu Hanifah, some Hanbalis, and Ibn Wahb al-Maliki, according to them, their trade (sale) is permissible. Hafiz Ibn Qayyim rahimahullah has given preference to this view. (vol. 5, p. 674) Imam Malik considers bones to be impure, so according to him, buying and selling the bones of carrion is not permissible, and therefore he does not consider the buying, selling, or use of ivory (elephant tusks) to be permissible. According to this hadith, the buying and selling of a human corpse is also not permissible, whether the person was Muslim or non-Muslim. Thus, when Nawfal bin Abdullah bin Mughira fell into the trench and the Muslims killed him and took possession of his body, and the disbelievers offered ten thousand dirhams for his corpse, the Prophet sallallahu alayhi wa sallam did not accept it and handed over his corpse to them. (Umdat al-Qari, vol. 12, p. 56, Matbu'ah Muniriyyah; Sharh Muslim, vol. 2, Nawawi, p. 23)

(2)
There is consensus on the prohibition of the sale of swine (khinzir); none of its parts can be sold. According to Ibn Hajar rahimahullah, the reason for the prohibition of carrion, wine, and swine, according to the majority of scholars, is impurity (najasah), and therefore the sale of every impure thing is forbidden. (Fath al-Bari, vol. 4, p. 537, Maktabah Darussalam). However, Imam Nawawi rahimahullah has attributed this view to the Shafi'is. (Muslim, vol. 2, p. 23). Therefore, according to the three Imams, it is not permissible to sell dung and filth, but according to the Hanafis, the reason for the prohibition is the prohibition of benefiting from carrion, swine, and wine, so those things from which benefiting is permissible, their sale is also permissible.

(3)
Sanam: The reason for the prohibition of the sale of idols is that there is no permissible benefit in them. In this regard, if it is possible to derive benefit by breaking them up, then according to some Hanafis and some Shafi'is, selling their parts is permissible. And from the prohibition of the sale of idols, it is understood that all instruments and items that are worshipped, their sale is impermissible. In fact, according to Hafiz Ibn Qayyim, even the sale of books that propagate shirk is not permissible. (Zad al-Ma'ad, vol. 5, p. 675)

(4)
"La, huwa haram, huwa" — according to the Shafi'is and Hafiz Ibn Taymiyyah and Hafiz Ibn Qayyim rahimahum Allah, the referent of the pronoun is "sale" (bay'), that despite the benefits and uses of the fat, its sale is forbidden. Therefore, deriving benefit from it is permissible, but buying and selling is not permissible. In summary, Hafiz Ibn Qayyim writes: "Laysa kullu ma hurrima bay'uhu hurrima al-intifa'u bihi, bal la talazum baynahuma, fala yu'khad tahrim al-intifa' min tahrim al-bay'" (Zad al-Ma'ad, vol. 5, p. 668) — Not everything whose sale is forbidden is its use also forbidden; there is no necessary connection between the two, so the prohibition of use cannot be derived from the prohibition of sale. However, according to the majority of scholars, among whom are the Hanafis, it is not permissible to benefit from the fat of carrion. Thus, the referent of the pronoun is not sale but benefit, and in some ahadith the pronoun is "hiya" or "hunna", which supports the majority's view. And the evidence of the Shafi'is is that the Prophet sallallahu alayhi wa sallam said: "They sold the fat and used its price, so the prohibition is of its sale, because whatever is forbidden to eat, its sale is also forbidden."

Benefits and Issues:
➊
Those items whose use is not permissible—
How can their trade be declared permissible? This hadith proves
that alcohol is forbidden.
Its use in medicines is also forbidden,
and its trade is also forbidden.

➋
The sale of the flesh or bones of a dead animal (carrion) is forbidden.
However, the hide of (lawful animals) becomes pure after tanning,
and its sale is also permissible.

➌
Whether the pig is alive or dead, all its parts are impure and forbidden.
Materials obtained from the bones of carrion are also forbidden.
The buying and selling of these forbidden items is not allowed.

➍
It is permissible to burn the fat of carrion in a lamp,
but selling it is absolutely not correct.

➎
Idols and images of animate beings (statues), whether made of wood, iron, clay, stone, or plastic, etc.—
even if they are children’s toys—
making them and trading in them is forbidden. If small boys or girls make them at home by themselves, and they do not have eyes, nose,
ears,
etc., but are merely in the form of a figure,
then concession can be given.
As, for example, Aisha radi Allahu anha made a horse.

➏
All such legal stratagems (hiyal) that are used to make permissible what Allah has forbidden are themselves forbidden.
Changing the name does not change the ruling.
And resorting to stratagems is a characteristic of the Jews.

(1) The fat of a dead animal (carrion) cannot be used in any form of usage whatsoever.

(2) This blessed hadith also indicates that every stratagem (hiylah) adopted to make something unlawful (haram) lawful (halal) is invalid. Such a stratagem is also invalid if it leads to the permissibility of something unlawful, and likewise, the opposite is also true.

(3) From this blessed hadith, it is also understood that changing the form or the name of something does not alter its ruling; for example, the Jews melted solid fat and converted it into liquid form for use, yet they were still cursed. The same ruling applies to other things as well. Furthermore, this issue also points to the fact that whoever devises any kind of stratagem to make unlawful things lawful is accursed, because he is certainly following the path of those Jews who invented excuses and tricks to violate the sanctities of Allah Ta'ala. May Allah protect us from this.

(4) The purpose of the aforementioned detail is that anything which is inherently unlawful is prohibited to benefit from in any way, and its trade is also unlawful. It cannot be made lawful through any stratagem; for example, wine cannot be converted into vinegar and then sold. The price of an unlawful thing is also unlawful.

(1) The purpose is that just as the pig (khinzir) is forbidden (haram), likewise its buying and selling are also forbidden. Furthermore, if any individual or nation, in order to make a forbidden and unlawful thing permissible, devises any kind of trick or legal stratagem (hiylah) and then acts upon it, such a person is accursed (mal‘un) in the sight of Allah Ta‘ala, because in this way he is following the path of those Jews who invented tricks and stratagems to violate the sanctities of Allah ‘Azza wa Jall, and thus became objects of wrath and accursed in the sight of Allah.

(2) The pig (khinzir) is absolutely forbidden. None of its parts can be used in any way; therefore, its sale is forbidden in all circumstances. None of its parts can be sold, not even its skin, as it cannot be purified by tanning. (For further details, see Hadith: 4261)

Benefits and Issues:

➊
Wine, carrion, and swine—just as it is forbidden to eat them, likewise all other uses of them are also forbidden.

➋
It is forbidden to use the fat of a dead animal for eating or burning.
Similarly, its other industrial uses are also not permissible.

➌
In non-Muslim countries, even halal animals (such as chicken, goat, cow, etc.) are not slaughtered properly; rather, they are cut by machines without mentioning Allah’s name.
One should avoid using fat or fat-derived products coming from these countries.
And Muslims should refrain from eating their slaughtered meat when traveling to those countries.

➍
It is also prohibited to sell forbidden (haram) items.
Any earnings obtained in this manner are haram.

➎
It is necessary to avoid the evil habits and customs of non-Muslims.

➏
By resorting to legal trickery (hiyal), a forbidden thing does not become permissible; rather, the sin becomes even more heinous and evil.

Takhrij:
«أخرجه البخاري، البيوع، باب بيع الميتة والأصنام، حديث:2236، ومسلم، المساقاة، باب تحريم بيع الخمر والميتة...، حديث:1581.»©Explanation:
This hadith is evidence that selling the mentioned item is prohibited; rather, the sale of all parts of a carcass (maytah) is forbidden. However, its hide, when tanned, is an exception to this, because at the beginning of the book, the noble statement of the Messenger of Allah (sallallahu alayhi wa sallam) has already been mentioned: «أَیُّمَا إِھَابٍ دُبِغَ فَقَدْ طَھُرَ» “Any raw hide that is tanned becomes pure.”
The majority (jumhur) have also excluded the hair and wool of a carcass, because the term “carcass” does not apply to them, nor does life enter into them.
And regarding those things of a carcass which Allah and His Messenger (sallallahu alayhi wa sallam) have not declared unlawful, there is a difference of opinion about deriving benefit and making use of them, for example: using it to light lamps, or feeding it to hawks and falcons.
One opinion is that deriving benefit from them is absolutely forbidden.
And Allamah Khattabi has argued for the permissibility of benefiting from them by citing the consensus (ijma‘) of the scholars that when someone’s animal dies, it is permissible to offer it as food to hunting dogs; thus, in the same way, it is permissible to use the fat of a carcass to coat ships.
There is no difference between these two cases, as is transmitted in ‘Awn al-Ma‘bud (3/298) with reference to Fath al-Bari.
And Allamah Ibn Qayyim rahimahullah has said in Zad al-Ma‘ad (4/242) that it should be known that the chapter of deriving benefit (intifa‘) is broader and more expansive than that of sale (bay‘).
Thus, it is understood that everything whose sale is prohibited is not necessarily also prohibited to benefit from.
There is no necessary connection between the two; therefore, from the prohibition of sale, the prohibition of benefit should not be derived.
The buying and selling of idols (asnam) has only been prohibited because they are among the instruments of shirk (polytheism), and from this, the prohibition of every instrument of shirk is derived. Likewise, musical instruments and instruments of singing have been analogized upon this.
And in the prohibition of trading in wine (khamr), the prohibition of trading in every intoxicating substance is included, whether it is liquid, solid, distilled, or prepared by cooking.
This hadith comprises the prohibition of three types of items: drinks (mashrubat) that corrupt the intellect, foods that cause corruption in temperaments and become impure nourishment, and currencies (nuqud) that cause the corruption of religions and invite to tribulation and shirk.
(al-Huda) In this hadith, there is a severe warning that every stratagem (hiylah) which leads to making the unlawful lawful is invalid.