Bukhari

Hadith Commentary:
According to this hadith, the earnings of a fornicating woman are deemed unlawful (haram), whether she is free or a slave-girl. In this way, this hadith corresponds to both aspects of the chapter heading.
Moreover, there is a relationship of partial overlap (عموم خصوص من وجہ) between a fornicating woman and a slave-girl, because sometimes a fornicating woman is a slave-girl, and at other times a free woman may also adopt this profession.
In any case, according to the aforementioned hadith, adopting this profession is haram and its earnings are invalid (batil).

Hadith Commentary:
That is, for a believing Muslim, it is forbidden to take their food.
The price of a dog, the wage of a fornicating woman, and the gifts of soothsayers—the taking and consuming of these are absolutely forbidden.

Hadith Commentary:
(1)
The profession of soothsaying (kahānah) is forbidden (haram) in Islam, and its earnings are also unlawful (najā’iz).
It cannot be used under any circumstance.
(2)
There are several types of soothsaying, among which the following four are well-known:
➊ The devils (shayāṭīn) would ascend towards the heavens and overhear some of the conversations of the angels, then they would inform the soothsayer (kāhin) and add something from themselves as well. After the advent of Islam, this practice was almost entirely ended.
➋ The jinn would inform their friends of such news that was hidden from ordinary people, or could be known from nearby but not from afar. Such matters would be learned through the jinn and then conveyed to humans.
➌ Some would speak merely from conjecture and guesswork, and by coincidence, some of it would turn out to be correct; through this, others would be ensnared.
➍ Some would estimate based on their own experience, and this last type closely resembles magic (sihr).
Islam has declared all these types to be forbidden (haram), and their earnings are also unlawful (najā’iz).
(Fath al-Bari: 10/267)

Hadith Commentary:
All these earnings are unlawful (haram).
Some have considered the sale of a hunting dog to be permissible.
Now, those scholars and spiritual leaders (maulvis and mashayikh) who eat at the invitation of prostitutes, or who take money from prostitutes by performing fortune-telling, amulets, or charms, are not true scholars or spiritual leaders, but rather outright consumers of the unlawful (haram). They are slaves to their stomachs.
So beware of them, O believers.

Hadith Commentary:
In Arabia, there were many soothsayers (kahin) who used to inform people about future events.
Even today, there are many such claimants.
It is absolutely not permissible to pay them a fee or to present them sweets, nor is it permissible to consume their money.

Hadith Commentary:
Vocabulary of the Hadith:
‘Arraf:
One who gives information about hidden things in the present, that is, one who claims knowledge of stolen or lost items; astrologers are also considered in the same category as soothsayers (kahin).

Benefits and Issues:
(1)
The majority of jurists, in light of this hadith, have declared the buying and selling of dogs to be prohibited,
whether the dogs are hunting dogs (i.e., trained) or ordinary,
whether keeping them is permissible or impermissible,
in every case, taking a price for them is impermissible.
Imam Shafi‘i,
Imam Ahmad,
Imam Rabi‘ah al-Ra’y,
Imam Ishaq,
Muhammad ibn Sirin,
Hasan al-Basri,
Awza‘i,
Hammad ibn Abi Sulayman
(the teacher of Imam Abu Hanifah),
and others hold this same position,
and one narration from Imam Malik is also in agreement.
However, according to the Hanafi imams and al-Nakha‘i,
for those dogs whose keeping and benefit is permissible,
there is allowance for taking a price for them,
but it is not a preferred action.
According to the evidence, the position of the majority is correct,
because the buying and selling of dogs is a disliked act,
and it should be discouraged.

(2)
Since fornication (zina) is an unlawful act, its wage or compensation has been referred to as a dowry (mahr),
and by consensus, it is forbidden.

(3)
A soothsayer (kahin), who gives news about the future and claims knowledge of the unseen,
the offering he receives, which he obtains without any effort or labor,
for this reason it has been described as “sweetness” or “sweet reward,”
and this too is, by consensus, impermissible.

Explanation:

1:
The dog is impure (najis), therefore any price obtained from it will also be impure. The extent of its impurity is such that the Shariah has commanded that a vessel into which a dog puts its mouth must be washed seven times, one of which must be with earth. For this reason, the buying and selling of dogs and deriving benefit from them is prohibited, except in cases of dire necessity, such as for the protection of the home, property, or livestock.

2:
Since fornication (zina) is a major sin and among the indecent acts, any wage obtained from it is also impure and forbidden (haram). There is no difference in this ruling whether the fornicating woman is a slave-girl or a free woman.

3:
Knowledge of the unseen (ilm al-ghayb) is exclusive to Allah, Lord of all the worlds. Claiming it is a grave sin. Likewise, the wealth that soothsayers and astrologers obtain from the public through false means under the guise of such claims is also forbidden (haram).

Explanation:
1:
Knowledge of the unseen (ghayb) is exclusive to the Lord of all worlds (Rabb al-‘Alamin).
Claiming it is a very grave sin.
For this reason, the wealth that soothsayers and astrologers obtain from people through false and invalid means under the pretense of such claims is unlawful (haram).
Adultery (zina) is the worst of the acts of disobedience and immorality,
therefore, any wage earned from it is impure and unlawful (haram).
A dog is an impure (najis) animal; its impurity is such that if it puts its mouth into a vessel, the Shari‘ah has commanded that it be washed seven times.
For this reason, buying and selling dogs and deriving benefit from them is prohibited,
except in the case where it is for the protection of the home,
property, or livestock.

Explanation:
1:
In «كسب الحجام خبيث», the word "khabith" (impure) does not carry the meaning of being prohibited (haram), but rather means lowly and unbecoming. The Messenger of Allah (sallallahu alayhi wa sallam) instructed Muhayyisa (radi Allahu anhu) to benefit his camel and slave from the earnings of cupping (hijama), and he himself had cupping performed and paid the practitioner his wage. Therefore, the use of the word "khabith" regarding the earnings of the cupper is similar to how the Prophet (sallallahu alayhi wa sallam) called garlic and onion "khabith," even though their consumption is not prohibited. In the same way, the earnings of the barber (hajjam) are not haram; it is another matter that it is considered unbecoming. Here, "khabith" is in the sense of haram.

2:
Since fornication (zina) is among the obscene acts and major sins, the wage earned from it is also impure and haram. There is no difference whether the fornicating woman is a slave or free.

3:
Since the dog is an impure (najis) and filthy animal, the price obtained from it will also be impure. Its impurity is such that the Shariah has commanded that a vessel into which a dog puts its mouth must be washed seven times, one of which should be with earth. For this reason, buying and selling dogs and benefiting from them is prohibited, except in cases of dire necessity, such as for the protection of home, property, or livestock. Even then, taking a price is a lowly act; it should rather be given as a gift.

Benefits and Issues:
Benefit:
A soothsayer (kahin) is one who tells people news of the future and matters of fate.
These are liars.
It is prohibited (haram) even to go to them.
If someone believes their prediction to be true, then his prayer (salah) is not accepted for forty days.
(Sahih Muslim, As-Salam, Hadith: 2230) It is also prohibited (haram) to give them anything.
And their own earnings are also prohibited (haram).

Benefits and Issues:
In this hadith, although the word "dog" is general,
whether it is a hunting dog, a non-hunting dog, or for purposes such as surveillance, etc.
According to this generality, the buying and selling of all types should be impermissible.
However, based on other evidences, those dogs will be excepted from this generality whose keeping has been declared permissible in the ahadith.
Such as for hunting, for guarding, or as is common nowadays, for surveillance and similar purposes.
When keeping them is permissible, then certainly their buying and selling will also be permissible.
Because without this, obtaining dogs for the aforementioned purposes would become impossible.
This is why in some ahadith, an exception has also been mentioned.
As in the hadith:
"Nahya ‘an thaman al-kalbi wa al-sinnawri illa kalb sayd" (Sahih Sunan al-Nasa’i, Hadith: 4682 and al-Sahihah, Hadith: 348) — The Messenger of Allah (sallallahu alayhi wa sallam) forbade the price of the dog and the cat,
except for a hunting dog.
From this it is understood that the buying and selling of a hunting dog is permissible.
And the reason (‘illah) for its permissibility
is clear.
Due to this same reason, the buying and selling of dogs for guarding and surveillance and similar purposes will also be permissible.
And Allah knows best.

For a detailed discussion, please refer to the benefits of the hadith: 4297.

(1) According to the majority of scholars, the buying and selling of dogs is prohibited, whether keeping the dog itself is permissible or impermissible, and this is the correct view because a dog is not something to be bought or sold so that it becomes a means of earning. However, Imam Abu Hanifah rahimahullah considers the buying and selling of dogs to be permissible because benefiting from them is allowed. Since every dog can be used for hunting and protection, therefore, the buying and selling of every dog is permissible, not just the common ones. The opinion of Imam Abu Hanifah rahimahullah is not acceptable in opposition to the explicit hadith. He relates this hadith to the period when the Prophet sallallahu alayhi wa sallam ordered the killing of dogs, implying that it was a temporary restriction. But this is merely a possibility for which there is no evidence.

(2) “The wage of a prostitute”: Since fornication is a crime, its wage is also forbidden, and this is a matter of consensus.

(3) “The offering to a soothsayer”: A soothsayer is one who claims to give news of the unseen. These people have connections with jinn and devils, and thus they mislead people. Since this act is prohibited, whatever is received for it is also prohibited. In Islamic law, it is neither permissible to ask anyone about the unseen nor to inform others of it, because the jinn and devils mix many lies with one truth, therefore their words cannot be trusted.

Benefits and Issues:

➊
The buying and selling of prohibited (haram) items is also prohibited (haram).

➋
A "kahin" is one who predicts future events and claims to tell matters of the unseen (ghayb).
This includes those who work under the names of astrologers, palmists, numerologists, practitioners of 'Ilm al-Ja'far, etc., and those who tell fortunes using parrots and similar means.

➌
Kahin and astrologers earn their livelihood by deceiving the public, therefore their earnings are unlawful (haram).
It is prohibited (haram) to ask such people about future matters because this is contrary to tawhid (the oneness of Allah).

➍
Those who identify thieves by recognizing footprints are not included in this warning, because "qiyafah shanasi" (physiognomy) is a permissible skill in which, with the help of intelligence, certain things are deduced from the structure and appearance of a person's hands, feet, face, etc.

➎
In the era of ignorance (Jahiliyyah), people used to make their slave girls practice prostitution and considered it a source of income.
In Islam, fornication (zina) is prohibited (haram), whether it is done for money or by mutual consent under the name of friendship and love.
Any benefit obtained as a result of illicit relations, whether received as wages or as a gift, is unlawful (haram).

➏
Some people have declared the buying and selling of hunting dogs to be permissible because it is allowed to keep them at home.
According to this opinion, the sale of those dogs whose keeping is prohibited will be forbidden; however, caution lies in avoiding the buying and selling of all types of dogs. And Allah knows best (wallahu a‘lam).

Hadith Authentication (Takhrij al-Hadith):
[و اخرجه البخاري، 2237، و مسلم، 1567، من حديث مالك به]

Jurisprudential Explanation (Tafaqquh):
➊ This hadith is a strong refutation of those who say that selling a dog is permissible!
➋ There is consensus (ijma‘) that the earnings of a prostitute and the soothsayer’s gift are forbidden. [التمهيد 398/8]
➌ The Messenger of Allah (sallallahu alayhi wa sallam) said:
«ثمن الکلب خبیث ومھر البغی خبیث وکسب الحجام خبیث»
“The price of a dog is impure (khabith), the earnings of a prostitute are impure, and the wages of a cupper are impure.” [صحيح مسلم : 1568/41 [4012]
The Messenger of Allah (sallallahu alayhi wa sallam) said:
«لا یحل ثمن الکلب»
“The price of a dog is not lawful.” [سنن ابي داود : 3484 وسنده حسن]
In another hadith, it is mentioned that if someone comes to collect the price of a dog, fill his hands with dust. [سنن ابي داود : 3482 وسنده صحيح]
➍ All the narrations in which the sale of certain types of dogs is considered permissible are weak and rejected. For example:
① «عن جابر أن النبى صلى الله عليه وسلم نهى عن ثمن السنور و الكلب إلا كلب صيد» [سنن النسائي 7/191 ح 4300 و قال : ليس هو بصحيح 7/309 ح 672 و قال : ”هذا منكر“]
This narration is weak due to Abu al-Zubayr Muhammad ibn Muslim ibn Tadris’s «عن». Abu al-Zubayr was a well-known mudallis (one who practices tadlis). See: [الفتح المبين فى تحقيق طبقات المدلسين ص62، 61 رقم 3/101]
② «عن ابي هريرة نهى عن مهر البغي و عسب الفحل وعن ثمن السنور وعن الكلب إلا كلب صيد» [السنن الكبري للبيهقي 6/6]
This narration is weak for two reasons:
➊ The reliability (tawthiq) of Muhammad ibn Yahya ibn Malik al-Dhabi is unknown.
➋ Hammad ibn Salamah and Qays ibn Sa‘d are both trustworthy, but Hammad’s narration from Qays is weak. Al-Bayhaqi said: «ورواية حماد عن قيس فيها نظر» [ايضاً 6/6]
This very narration of Hammad ibn Salamah from Qays ibn Sa‘d is found in Sahih Ibn Hibban, but it does not permit the sale of a dog; rather, it is written that «إنّ مهر البغي وثمن الكلب والسنور وكسب الحجام من السحت» [الاحسان 217/7 ح 4920]
Sayyiduna Jabir ibn ‘Abdullah al-Ansari (radi Allahu anhu) was asked about the price of a dog and a cat, and he replied:
«زجر النبى صلى الله عليه وسلم عن ذالك»
“The Prophet (sallallahu alayhi wa sallam) strictly forbade it.” [صحيح مسلم، 42/1569، 4015]
From this, it is clear that Sayyiduna Jabir (radi Allahu anhu) also considered the price of a dog and a cat to be unlawful.
③ In Sunan al-Daraqutni [72/3، 73 ح 3045، 3046، 3047], there are some narrations from which the permissibility of selling certain dogs is inferred, but all these narrations are weak and rejected, and some of their narrators have themselves been declared weak by Imam al-Daraqutni rahimahullah.
The research on some further narrations presented by the people of taqlid is as follows.
④ «ابوحنیفة عن الهيثم عن عكرمة عن ابن عباس قال : رخص رسول اللہ صلی اللہ علیہ وسلم فی ثمن کلب الصید» [مسند ابي حنيفه راوية الحصكفي ص 169، اردو مترجم ص 319، جامع المسانيد للخوارزمي 10/2، 11]
A previous narrator of Musnad al-Hasakafi [متوفيٰ 650 هجری] was Abu Muhammad ‘Abdullah ibn Ya‘qub al-Harithi. [اردو مترجم ص24 مسند الحصكفي ص 27]
‘Abdullah ibn Muhammad ibn Ya‘qub al-Harithi is severely criticized by the noble hadith scholars. Abu Zur‘ah Ahmad ibn al-Husayn al-Razi said: “Weak.” [سوالات حمزه بن يوسف السهمي : 318]
Abu Ahmad al-Hafiz and Hakim al-Naysaburi said: «الأستاذ ينسج الحديث» “He was a master, he fabricated hadith.” [كتاب ال قرأت خلف الامام للبيهقي ص178، ح388]
That is, this person was a complete master in fabricating hadith. He has been criticized by Khatib al-Baghdadi, Khalili, Ibn al-Jawzi, and Hafiz al-Dhahabi rahimahullah, among others. [تاريخ بغداد 126/10 ت 5262، الارشاد للخليلي، 972/3 ت 899، كتاب الضعفاء والمتروكين لابن الجوزي 141/2، ديوان الضعفاء للذهبي 63/2 ت 2297]
Also see: [ميزان الاعتدال 496/2، و لسان الميزان 349، 348/3]
His reliability is not established from any trustworthy hadith scholar.
The chains of transmission in Jami‘ al-Masanid of al-Khwarizmi are as follows.
⓵ Al-Khwarizmi himself is unreliable and unknown in terms of reliability.
⑤ Abu Muhammad al-Bukhari al-Harithi is a liar. «كما تقدم»
➌ Ahmad ibn Muhammad ibn Sa‘id, known as Ibn ‘Uqdah, is criticized by the majority of hadith scholars. Imam al-Daraqutni, despite praising him, said that he was a corrupt man, i.e., a Rafidi. [تاريخ بغداد 22/5 ت 2365 و سنده صحيح] And he said: He used to narrate many munkar (rejected) narrations. [ايضاً وسنده صحيح]
Abu ‘Umar Muhammad ibn al-‘Abbas ibn Muhammad ibn Zakariyya al-Baghdadi rahimahullah said that this person used to have criticisms written against the Companions, i.e., Abu Bakr and ‘Umar (radi Allahu anhuma) and others, in the Jami‘ Baratha, so I abandoned his hadith. [سوالات حمزةالسهمي : 166، وسنده صحيح]
This (Ibn ‘Uqdah) was also a thief; he stole books from the house of the son of ‘Uthman ibn Sa‘id al-Marri. [الكامل فى الضعفاء لابن عدي 209/1 وسنده صحيح، محمد بن الحسين بن مكرم البغدادي ثقه وثقه الدارقطني وغيره]
It is thus clear that Ibn ‘Uqdah was a thief, discredited, and a Rafidi.
➍ Ahmad ibn ‘Abdullah ibn Muhammad al-Kindi al-Lajlaj narrated munkar (rejected) hadiths for Imam Abu Hanifah. [الكامل لابن عدي 197/1] Imam Abu Hanifah is not in need of such munkar hadiths. And all praise is due to Allah.
This narration about the dog from Ahmad ibn ‘Abdullah al-Kindi was declared a fabricated hadith by Hafiz ‘Abd al-Haqq al-Ishbili rahimahullah. [الاحكام الوسطي 249/3، لسان الميزان 199/1]
➎ Regarding Muhammad ibn al-Hasan ibn Farqad al-Shaybani, the master of the science of rijal, Yahya ibn Ma‘in, said: «ليس بشئ» “He is nothing.” [تاريخ ابن معين : 1770]
Imam Ibn Ma‘in further said: «جھمی کذاب» “Muhammad ibn al-Hasan al-Shaybani is a Jahmi liar.” [كتاب الضعفاء للعقيلي 82/4 وسنده صحيح]
In the second chain, both Ahmad ibn ‘Abdullah al-Kindi and Muhammad ibn al-Hasan al-Shaybani are criticized, and al-Hasan ibn al-Husayn al-Antaki is unknown.
In the third chain, Ibn ‘Uqdah is a thief, ‘Abdullah ibn Muhammad al-Bukhari is a liar, and both Ahmad ibn ‘Abdullah al-Kindi and Muhammad ibn al-Hasan are criticized.
In the fourth chain, Husayn ibn Muhammad ibn Khusraw al-Balkhi, al-Husayn ibn al-Husayn al-Antaki (?), Ahmad ibn ‘Abdullah, and Muhammad ibn al-Hasan are criticized.
In the fifth chain, Ibn Khusraw, Husayn ibn Husayn, Ahmad ibn ‘Abdullah al-Kindi, and Muhammad ibn al-Hasan are present.
In the sixth and final chain, Ibn Khusraw the Mu‘tazili is criticized. See: [لسان الميزان 312/2، وسير اعلام النبلاء 592/19]
Qadi Abu Nasr ibn Ashkab and ‘Abdullah ibn Tahir are unknown, and Muhammad ibn al-Hasan al-Shaybani is criticized.

Summary of the Research (Khilasat al-Tahqiq):
This narration is fabricated and rejected, and it is not established from Imam Abu Hanifah. It is thus clear that all narrations permitting the sale of certain dogs are weak and rejected.
In opposition to the prohibition and impurity of the price of a dog, some people have written that selling a dog is permissible. See: [الهدايه للمرغيناني 2/101، واللفظ له، 3/79]
[القدوري ص74 قبل باب الصرف،]
[فتح القدير لابن همام 6/345،]
[بدائع الصنائع 5/142،]
[كنز الدقائق ص 257،]
[البحر الرائق 172/6،]
[الدر المختار مع كشف الاستار 50/2،]
[رد المختار المعروف بفتاويٰ شامي 238/4، 239،]
[حاشية الطحاوي على الدر المختار 127/3،]
[كتاب الفقه على المذاهب الاربعه 232/2،]
and [الفقه الاسلامي و ادلته 446/4،]
etc. In fact, some people have written that it is permissible to slaughter a dog and sell its meat. See: [فتاويٰ عالمگيري 3/115]
All these statements are rejected because they contradict authentic hadiths.
Mulla Marghinani has written: «واذا ذبح مالا يؤكل لحمه طهر جلده و لحمه الا الآدمي و الخنزير» “Except for man and swine, whatever animal’s meat is not eaten, its meat and skin become pure by slaughtering.” [الهدايه 441/2 دوسرا نسخه 69/4] This fatwa is also rejected due to lack of evidence.

Takhrij:
«أخرجه البخاري، الإجارة، باب كسب البغي والإماء، حديث:2282، ومسلم، المساقاة، باب تحريم ثمن الكلب، حديث:1567.»©Explanation:
➊ From this hadith, the prohibition of the aforementioned things is established, namely: the price of a dog, the earnings from the prostitution of a woman, and the wage of a soothsayer for soothsaying.
➋ The dog is itself impure (najis), and therefore it is forbidden (haram), and taking the price of something forbidden is also forbidden. However, some Imams have declared the buying and selling of a hunting dog to be permissible, because keeping it in the house is permissible. In support of this, they present the narration of Sunan al-Nasa’i (4672). According to this view, the buying and selling of a dog whose keeping is forbidden will also be prohibited. However, there is a difference of opinion regarding the authenticity of this narration of Sunan al-Nasa’i. Nevertheless, caution lies in avoiding the buying and selling of every kind of dog. Furthermore, the majority of scholars have also declared the price of a dog to be absolutely forbidden. And Allah knows best.
➌ Adultery (zina) is absolutely forbidden in Islam, and its earnings are also forbidden.
➍ The profession of soothsaying (kahānah) is forbidden, so its wage is also forbidden.

Benefit:
This hadith proves that selling a dog is prohibited, whether it is a hunting dog or a non-hunting dog. The author has discussed this issue in detail in his valuable book "Ahkam al-Hayawanat" (Rulings Regarding Animals), and all praise is due to Allah.

Now, there is a need for people like Muhammad bin Qasim, Umar bin Khattab radi Allahu anhu, and Umar bin Abdul Aziz, may Allah grant someone the courage to eradicate evil, Ameen.

A soothsayer also spreads lies, thus trading in superstitions and misguidance; his earnings are also unlawful (haram). Nowadays, this business is also at its peak. The principle that emerges is that anything or work that is inherently unlawful (haram), its price is also unlawful. There is no allowance for its trade. This principle itself has been stated by the Messenger of Allah sallallahu alayhi wa sallam. He sallallahu alayhi wa sallam said: Indeed, when Allah makes the consumption of something unlawful for a people, He also makes its price unlawful. [ســن ابـى داود : 3488]

Those who take payment for fornication (zina) are dealing in unlawful (haram) transactions. To obtain such earnings, shameful oppression and injustice are being perpetrated throughout the world today. Women and girls are deceived or forcibly involved in this. Allowing such acts in any society is tantamount to opening the door to filth and oppression. Therefore, it has been declared unlawful (haram).