Bukhari

5590
Imam Bukhari rahimahullah has established a chapter heading (tarjamat al-bab) which consists of two parts. The relevance of the first part is completely clear, “it includes wine (khamr),” but the relevance of the second part, “and they will call it by other than its name,” is not apparent. Thus, Hafiz Ibn Hajar al-Asqalani rahimahullah, while explaining the connection between the chapter heading and the hadith, states:

“Indeed, in other chains, there is explicit mention in accordance with the requirement of the chapter heading, but they do not meet his (Imam Bukhari’s) conditions, so he sufficed with the indication found in the narration he presented.”

Certainly, in some other chains, the wording explicitly matches the requirement of the chapter heading, but those are not according to his conditions; therefore, he merely alluded to it in this narration.

Ibn Abi Asim, through another chain, has narrated from Sayyidah Aisha radi Allahu anha that Abu Muslim Khawlani rahimahullah went to meet Sayyidah Aisha radi Allahu anha in the morning. She began asking him about Syria and its cold weather. During the conversation, he mentioned that the people of Syria drink a wine called “Tala’.” Upon this, Umm al-Mu’minin radi Allahu anha said that the Prophet sallallahu alayhi wa sallam spoke the truth when he said that some people of my ummah will drink wine, calling it by another name. Imam Bayhaqi rahimahullah has also narrated this.

According to Hafiz Ibn Hajar rahimahullah, the connection between the chapter heading and the hadith is that Imam Bukhari rahimahullah, through the chapter heading, has alluded to other ahadith on this subject, which have been narrated in Ibn Majah, Ibn Abi Asim, and Nasa’i.

Ibn al-Munir rahimahullah says:

“The chapter heading matches the hadith except for his statement, ‘and they will call it by other than its name.’ It is as if he was content to use as evidence the words in the hadith, ‘from my ummah,’ because it is unlikely that someone from the Muhammadan ummah would consider wine lawful without an interpretation.”

The conformity of the hadith to the chapter heading is apparent, except for “and they will call it by other than its name.” It is as if Imam Bukhari rahimahullah, considering the words “from my ummah” in the hadith, was content to use this as evidence, because it is not possible for a member of the Muhammadan ummah to consider wine lawful without some interpretation.

Imam Ibn al-Munir rahimahullah has established the conformity in another way. His intent is that the Prophet sallallahu alayhi wa sallam mentioned his followers (ummah) in his hadith. Now, it is necessary that the person is from the ummah, so how would he declare the unlawful (haram) as lawful? Therefore, it is necessary that they will change the name of the wine and, by giving it another name, consider it lawful. That is, even in the text of the hadith, there is a connection to the chapter heading, provided one reflects and contemplates.

Badr al-Din ibn Jama‘ah rahimahullah says:

“The conformity of the first part of the chapter heading to the hadith is apparent. As for the rest of the chapter heading, he left out the place of indication from it, which is his statement in another chain: ‘they will call it by other than its name.’ He sufficed with what is mentioned due to its indication of the rest of the ahadith, or because that addition was not established according to his conditions.”

The conformity of the first part of the chapter heading is apparent, and as for the remaining second part, it was left out, and that is established through another chain: “they will call it by other than its name.” He sufficed with these words and did not transmit the addition, because it was not according to his conditions.

Allamah Qastallani rahimahullah, while explaining the connection, says:

“The conformity of the first part of the chapter heading to the hadith is apparent. As for the second part, it is found in the hadith of Malik ibn Abi Maryam with Imam Ahmad, Ibn Abi Shaybah, and Imam Bukhari in his Tarikh, from Abu Malik al-Ash‘ari, marfu‘: ‘There will be people from my ummah who will drink wine, calling it by other than its name,’ as is the habit of the author rahimahullah to allude through the chapter heading to a hadith that is not according to his conditions.”

The conformity of the first part of the chapter heading to the hadith is apparent, and as for the second part, it is mentioned in Musnad Ahmad, Ibn Abi Shaybah, and Imam Bukhari’s Tarikh, from Abu Malik al-Ash‘ari, marfu‘: “There will be people from my ummah who will drink wine, calling it by other than its name,” as is Imam Bukhari’s habit to allude through the chapter heading to a hadith that is not according to his conditions.

The author of Kawakib al-Darari writes:

“The hadith contains only mention of the first part of the chapter heading, not the mention of calling wine by other than its name. I say: Perhaps he sufficed with what is clearly stated in other narrations, which are not according to his conditions, or perhaps his attention (for the connection) was to the words ‘from my ummah,’ for in these words is evidence that (the people of the ummah) will declare wine lawful through interpretation, and if they do not interpret, then this would be disbelief and expulsion from the ummah, because the prohibition of wine is known in the religion by necessity.”

Thus, from here is the connection between the chapter heading and the hadith.

Hadith Commentary:
If a camel or any other lawful animal escapes control, and it is brought down with an arrow or similar means after pronouncing "Bismillah" (in the name of Allah), then it is lawful (halal).
The word mentioned in the narration, "arn," is with a kasrah under the letter ra and a sukun on the letter nun.
Refer to al-Nawawi, who said that "arn" means "be swift," that is, hasten during slaughter so that the animal does not suffer.
(Fath)

Hadith Commentary:
In a state of helplessness and compulsion, when there is no opportunity to perform the prescribed slaughter and blood flows from any part, then that will be considered as slaughter, just as it is in the case of hunting.

In one hadith, it is mentioned that someone asked:
O Messenger of Allah! Is the slaughtering of an animal only from the throat or the neck? The Prophet sallallahu alayhi wa sallam replied:
“If you strike it with an arrow or something similar in its thigh, that is sufficient.”
(Sunan Abi Dawud, al-Dahaya, Hadith: 2825, and Irwa’ al-Ghalil: 168/1, No. 2535)

Although this narration is weak, regarding it Imam Abu Dawud rahimahullah states that this situation applies only to an animal that has fallen somewhere below or has become wild.

In any case, in a state of helplessness, an animal may be slaughtered from any part.

And Allah knows best.

Chapter of Sahih Bukhari Hadith Number: 5506: «بَابُ لاَ يُذَكَّى بِالسِّنِّ وَالْعَظْمِ وَالظُّفُرِ:»
Relevance between the Chapter Heading and the Hadith:
In the translation of the chapter heading, Imam Bukhari rahimahullah has mentioned not slaughtering with a tooth, bone, or nail, whereas in the hadith under the chapter, the tooth and nail are mentioned but the bone is not. Therefore, the complete relevance between the chapter heading and the hadith is not established.

Hafiz Ibn Hajar Asqalani rahimahullah, while establishing the relevance between the chapter heading and the hadith, states:
«والبخاري فى هذا ماش على عادتة فى الإشارة إلى ما يتضمنه أصل الحديث فان فيه ”أما السن فعظم“ وان كانت هذه الجملة لم تذكرهنا لكنها ثابته مشهورة فى نفس الحديث .» [فتح الباري لابن حجر : 540/90]
“That is, Imam Bukhari rahimahullah, as per his usual practice, has here also alluded to the implication of the original hadith, in which the words are: ‘the tooth is a bone.’ Although this sentence is not mentioned here, Imam Bukhari rahimahullah, through an indication, has referred to that hadith which is established and well-known in the text of the hadith.”

Abdul Haq al-Hashimi rahimahullah writes:
«ذكر البخاري فى الباب حديث رافع وفيه ذكر السن والظفر، وليس فيه ذكر العظم، لكن مشي البخاري على عادته فى الاشارة الى ما يتضمنه اصل الحديث .» [لب اللباب فی تراجم والابواب : 306/4]

Allamah Kirmani rahimahullah states:
«ترجم بالعظم ولم يذكره فى الحديث، ولكن حكمه يعلم منه، لأن المذكور فى الحديث، أعني : السن والظفر أيضا من العظم .»
“According to the explanation of Imam Kirmani rahimahullah, in the other hadith there are clear words that:
«اعنيى السن والظفر أيضاً من العظم .»

Imam Qastallani rahimahullah states:
In addition, in the previous narration there is an addition that «أما السن فعظم» (the tooth is a bone), so from here the relevance between the chapter heading and the hadith will be established.” [ارشاد الساري : 439/9]

Hadith Commentary:
In the hadith of the chapter, only the tooth and the nail are mentioned. The bone is cited by Imam Bukhari through another chain of this hadith, in which the reason for the impermissibility of slaughtering with a tooth is mentioned: that it is a bone.

Hadith Commentary:
Although bone is not mentioned in this hadith, Imam Bukhari rahimahullah has alluded to the original hadith, in which the reason for the impermissibility of slaughtering with a tooth is stated in these words: "The tooth is a bone."
(Sahih al-Bukhari, Hadith: 5503)
In any case, one should avoid using the tooth, bone, and nail when slaughtering, because slaughtering with these has been prohibited.
And Allah knows best.

Hadith Commentary:
The kunyah of Hazrat Rafi‘ bin Khadij radi Allahu anhu is Abu Abdullah Harithi Ansari.
During the Battle of Uhud, he was struck by an arrow, upon which the Messenger of Allah sallallahu alayhi wa sallam said, "I will be a witness to this arrow of yours on the Day of Resurrection."
His wound remained until the era of Abdul Malik bin Marwan.
He passed away at the age of 86 in the year 73 AH, radi Allahu anhu.

Hadith Commentary:
Imam Bukhari rahimahullah first briefly referenced the hadith narrated from Hazrat Rafi’ bin Khadij radi Allahu anhu, then presented the detailed narration.
Since, before the distribution of the spoils of war, they were not the owners of those animals, it was unlawful for them to slaughter the animals without permission; therefore, the Messenger of Allah sallallahu alayhi wa sallam ordered that this meat be discarded.
Similarly, when a thief slaughters a stolen animal, he is also making an unlawful use of someone else’s property, so eating it is prohibited as well.
Although some jurists have considered it permissible to eat an animal slaughtered by a thief, this position is questionable.
And Allah knows best.

Hadith Commentary:
(1)
In one narration, it is mentioned that when the camel ran away, people chased after it. During this, a man shot it with an arrow and, by injuring it, managed to stop it.

(2)
Imam al-Bukhari rahimahullah has alluded to those narrations in which it is explicitly stated that the noble Companions radi Allahu anhum sought permission to slaughter using a sharp stone or a splinter of bamboo. In another narration, the Messenger of Allah sallallahu alayhi wa sallam said:
“Whatever causes the veins to flow, you may slaughter with it, but you should not slaughter with teeth or nails.” (Al-Mu‘jam al-Awsat by al-Tabarani: 5/238, no. 7190, and Fath al-Bari: 9/781)

(3)
It is narrated from Ibn ‘Abbas radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam forbade the slaughter of the Shaytan. (Sunan Abi Dawud, al-Dahaya, Hadith: 2826)
By “the slaughter of the Shaytan” is meant such an animal whose throat is only slightly cut at the time of slaughter, and the veins are not fully severed, so it dies writhing in agony. In the time of ignorance (Jahiliyyah), the polytheists used to do this. Since Shaytan incited them to such an act, it is called the slaughter of the Shaytan.
In one hadith, the Messenger of Allah sallallahu alayhi wa sallam said:
“When you slaughter, slaughter well; that is, sharpen your knife and bring comfort to your animal.” (Sahih Muslim, al-Sayd wa’l-Dhaba’ih, Hadith: 5055 (1955))

Hadith Commentary:
The narrator is uncertain whether the Prophet (sallallahu alayhi wa sallam) used the word "a'jil" or the word "arn".

Khatabi said that the word "arn" was originally "a'ran", which is derived from "arn" or "ran", and its meaning is also "a'jil", that is, to hasten.

Hadith Commentary:
Some individuals have derived from this hadith the issue that the Messenger of Allah (sallallahu alayhi wa sallam) equated ten goats to one camel.
This is in terms of division, not in terms of sacrifice, because in the case of a camel for sacrifice, not ten but only seven people can share.
However, this position is not correct, because without doubt, in the camel for Hady (sacrificial offering during Hajj), only seven people can participate, whereas in the camel for Udhiyah (Eid sacrifice), ten individuals can participate, as narrated from Ibn Abbas (radi Allahu anhu), who said:
We were with the Messenger of Allah (sallallahu alayhi wa sallam) on a journey when the time for sacrifice came, so ten people shared in a camel and seven in a cow.
(Sunan Ibn Majah, Al-Adahi, Hadith: 3131)
In another narration, the Messenger of Allah (sallallahu alayhi wa sallam) said:
“The sacrifice of a cow can be done on behalf of seven people, and a camel can also be sacrificed on behalf of seven individuals.”
(Sunan Abi Dawud, Al-Dahaya, Hadith: 2808)
The reconciliation between these narrations is that both ten and seven people can share in a camel.
And Allah knows best.

Hadith Commentary:
The meaning of this chapter is derived from the phrase "wa adhkur isma Allahi 'alayhi" ("and mention the name of Allah over it").
The Hanafis have considered it permissible to slaughter with a nail or tooth that has been separated from a human body, but this is not correct.

Hadith Commentary:
(1)
In the hadith, "Dhul-Hulaifah" does not refer to the location near Madinah Tayyibah that is famous by the name of Bi’r Ali, but rather it is another place in the land of Tihamah, between Makkah and Ta’if. At this location, the camels and goats that were obtained as spoils of war, the noble Companions (radi Allahu anhum), due to hunger, slaughtered them and put their pots on the fire before the distribution. For this reason, the Messenger of Allah (sallallahu alayhi wa sallam) ordered that those pots be overturned.

(2)
In this hadith, it is stated that when the name of Allah is mentioned over an animal and its blood is made to flow with any sharp-edged tool, then eating it is permissible.

(3)
Imam Bukhari (rahimahullah) has established his chapter heading from these words: that reciting "Bismillah" at the time of slaughter is necessary, and if "Bismillah" is forgotten unintentionally, then the animal is lawful (halal).

(4)
According to this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) prohibited slaughtering with teeth and nails. He forbade using teeth because they are bone, and if slaughter is done with them, the animal is not properly slaughtered. Similarly, slaughtering with nails causes pain to the animal and does not result in proper slaughter. It should be noted that with this chapter heading, Imam Bukhari (rahimahullah) has begun to explain the rulings of slaughter (dhabh).

And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Āwābid:
Plural of ābida,
runaways,
those that bolt or escape.
(2)
Madiyyah, plural madi:
Knife.
(3)
Arni:
There is a difference of opinion regarding this word and its meaning,
the summary of which is as follows.
(a)
This word is arān from arāna, on the pattern of aqim or ati‘ (imperative form),
it is said arān al-qawm,
the livestock of the people perished,
thus this verb is intransitive,
but here it has the meaning of transitive, i.e., slaughter it and thereby destroy it.
(b)
It is on the pattern of a‘ṭi,
arni, which means
to look at something continuously,
i.e., slaughter it continuously without laziness.
(c)
This word is arni from arā yuri irā’ah,
i.e., the one whom you wish to slaughter,
show me,
so that I may tell you.
(d)
This word is arni and for lightening, the wāw has been made silent, thus it became arni.
(ṭ)
This word is arni from arana yarni, on the pattern of a‘lam,
to become active,
to become light, i.e., slaughter quickly and energetically,
lest you strangle it,
but in this case, there should be a second hamzah, i.e., it would be irān.
Benefits and Issues:
The main objective of slaughtering with a sharp-edged tool is
to let the blood out of the animal,
which is required,
and it is forbidden
to slaughter with teeth,
nails, or any kind of bone,
because with these, the animal is not slaughtered properly,
rather it is strangled,
which causes it pain,
but if an animal runs away and it is not possible to slaughter or sacrifice it,
then, out of necessity, blood can be let out by cutting any part of its body,
but if it can be caught and slaughtered or sacrificed,
or if it falls into a well and can be taken out and slaughtered,
then the slaughter out of necessity will not suffice.
This is the position of the majority of scholars,
but according to Imam Malik,
Rabī‘ah, and Layth, slaughter out of necessity is only for wild animals,
for domesticated animals it is not sufficient in any case.

Explanation:
1:
This includes the sword, knife, sharp stone, wood, glass, reed, bamboo, and items made of copper or iron.

2:
There is a difference of opinion regarding this sentence: whether it is the statement of Allah’s Messenger sallallahu alayhi wa sallam or of the narrator of the hadith, Rafi‘ bin Khadij radi Allahu anhu.

3:
Slaughtering with the nail resembles the practices of the disbelievers; furthermore, it does not fulfill the proper manner of slaughter. Whether the tooth or nail belongs to a human or any other animal, whether it is detached or attached to the body, it is not permissible to slaughter with them.

Benefits and Issues:
➊
At the time of necessity, it is permissible to slaughter with a sharp-edged stone, or with sharp wooden bark or splinters, etc., but it is not permissible to slaughter with a tooth, bone, or nail. This is because it resembles the practices of the disbelievers.

➋
At the time of slaughtering, reciting the takbir is necessary, and the blood must flow.

➌
If an animal becomes wild and cannot be controlled, then it is permissible to strike it as in hunting, either by wounding or injuring it until it is subdued. When it falls down wounded, then its throat should be cut with a knife to slaughter it.

➍
The Imam has the right to impose financial penalties as deemed appropriate (imposing fines is permissible).

➎
The implementation of justice in an Islamic society is extremely necessary. Especially in jihad and in confrontation with the disbelievers, its importance increases even more. This is because this act is a significant factor in gaining victory and dominance over the disbelievers.

➏
In this hadith, considering one camel equivalent to ten goats was, in this context, based on value. To deduce from this that ten people can share in one camel is questionable. However, the participation of ten people in one camel at the time of sacrifice is established from other ahadith. (For details, see Benefits and Issues of Hadith number 2810)

The Habashi people use their nails in place of a knife. Firstly, they are disbelievers, so one should avoid resembling them, and secondly, this is an uncivilized method of slaughtering.

Teeth and nails are not for slaughtering, but rather for other purposes; therefore, slaughtering with teeth and nails is a barbaric act. As you (sallallahu alayhi wa sallam) have stated in one narration that the nail is the knife of the Abyssinians. (Sahih al-Bukhari, al-Shirkah, Hadith: 2488 and Sahih Muslim, al-Adahi, Hadith: 1968) That is, this is the practice of uncivilized nations. Those people would insert the necks of small animals into their mouths and cut them with their teeth. Similarly, they would keep long nails and use them for slaughtering. It is evident that the Shari‘ah cannot permit such a cruel method; however, if the teeth and nails have become separated from the body, then according to the Hanafis, slaughtering with them is permissible. In some ahadith, it is also mentioned that whatever causes blood to flow, slaughtering with it is permissible, so apparently their view seems reasonable. However, the requirement of the ahadith of the Messenger (sallallahu alayhi wa sallam) is precisely that slaughtering should not be done with nails or teeth in any case, because in another narration, the reason you (sallallahu alayhi wa sallam) stated for not slaughtering with teeth is that it is bone. It is evident that even if the tooth is separated, it remains bone. The nail is also bone.

Benefits and Issues:
➊
It is also permissible to slaughter with a spear, sword, or a piece of glass, etc., besides an iron knife.

➋
If a piece of bone breaks off and becomes sharp like a blade, and it is possible to slaughter with it, even then one should not slaughter with it.

➌
If a small animal or bird is slaughtered by biting it with the teeth, this will not be considered a valid slaughter because it is prohibited.

➍
Similarly, it is not permissible to render an animal lifeless by drawing blood with a nail.

➎
By “Habashis” (Abyssinians) are meant non-Muslim Abyssinians, because in the blessed era of the Prophet (sallallahu alayhi wa sallam), the overwhelming majority of those people were non-Muslims.

➏
It is necessary to avoid, as much as possible, the customs and practices of non-Muslims, because the Prophet (sallallahu alayhi wa sallam) stated the reason for the prohibition of slaughtering with a nail is that it is the practice of non-Muslim Abyssinians.

Takhrij:
«أخرجه البخاري، الذبائح، باب الستمية علي الذبيحة...، حديث:5498، ومسلم، الأضاحي، باب جواز الذبح بكل ما أنهر الدم إلا السن وسائر العظام، حديث:1968.»©Explanation:
➊ This hadith absolutely indicates the prohibition of killing an animal with teeth or nails.
Whether the teeth or nails belong to a human or an animal, whether they are detached or attached to the body, even if they are sharp-edged.
(Sabil al-Salam) ➋ The Abyssinians referred to here are non-Muslim Abyssinians, because during the blessed era of the Messenger of Allah (sallallahu alayhi wa sallam), the majority of those people were non-Muslims.
It is necessary to avoid, as much as possible, the customs and practices of non-Muslims, because the Prophet (sallallahu alayhi wa sallam) stated that the reason for the prohibition of slaughtering with a nail is that it is the practice of non-Muslim Abyssinians.