Ibn Majah

Benefits and Issues:
➊
The taste of sea water is different from that of ordinary water, which is why the Companion had doubt as to whether ablution (wudu) with it is valid or not. At that time, the Messenger of Allah (sallallahu alayhi wa sallam) gave this instruction. See: (Sunan Ibn Majah, Hadith 386, 388)

➋
If a sea creature dies in the sea, it is still lawful (halal). And if it dies after being taken out, it is also lawful (halal).

➌
For further benefits, see:
(Sunan Ibn Majah, Kitab al-Taharah, Chapter: Ablution with Sea Water, Hadith: 386, 388)

1:
That is, He is both Tāhir (Pure) and Mutahhir (One Who purifies).

2:
By the dead of the sea is meant those sea and river creatures that live only in water.
Also, the word "dead" is general, encompassing all types of animals that live in water, even if they resemble dogs or pigs in form.
Some scholars have said that what is meant by this is only fish,
because the Messenger of Allah (sallallahu alayhi wa sallam) said:
"Two dead things have been made lawful:
fish and locust."
And some scholars say that only those sea creatures are lawful whose counterparts are eaten on land.
But the correct view is that every sea creature (living or dead) is lawful, provided it is not generally harmful to human health,
and is not of a filthy (khabīth) type, such as the turtle
and the crab, etc.
These two principles are rules for all kinds of animals, whether sea or non-sea.

Every Specific Evidence Takes Precedence Over Every General Evidence
Every specific evidence takes precedence over every general evidence, provided that (both evidences are established with an authentic or hasan chain). For example, in the Noble Qur’an it is stated: «حرمت عليكم الميتة» carrion is forbidden to you. [المائده: 3]
Whereas in an authentic hadith it is stated that «والحل ميتته» and the dead of the sea is lawful. [موطأ امام مالك: 1/ 22 ح 40، جامع الترمذي 1/ 21 ح 69]
Imam Tirmidhi said: «هٰذا حديث حسن صحيح .»
The following hadith scholars have also declared it authentic in terms of its chain:
Ibn Khuzaymah
Ibn Hibban
Bukhari
Ibn al-Mundhir
al-Baghawi
rahimahumullah [ديكهئے التلخيص الحبير ج 1 ص 9، 10]
Ibn al-Hajib al-Nahwi rahimahullah says:
«تخصيص العام جائز عند الأكثرين»
Specifying the general (text) is permissible according to most (scholars). [منتهي الوصول وا لامل فى علمي الاصول والجدل ص 119]
In fact, al-Ghazali (d. 505 AH) says:
«لا يعرف خلافًا بين القائلين بالعموم فى جواز تخصيصه بالدليل»
We do not find any disagreement among those who claim generality that specifying it with evidence is permissible. (al-Mustasfa min ‘Ilm al-Usul, vol. 2, p. 98)
Shawkani (d. 1255 AH) writes that «إن التخصيص للعمومات جائز ….» that specifying generalities is permissible. [ارشاد الفحول الي تحقيق الحق من علم الاصول ص 143 ] ... For details, see ...
Maqalat, vol. 1, article “Andheray aur Mash’al-e-Raah” and Monthly al-Hadith, issue 2, pages 10 to 12

Benefits and Issues:
➊ The water of the sea, river, and canal is itself pure and purifying, so drinking from it, bathing, and washing with it are all permissible. If there is any place where impurity has fallen, that spot should be avoided.
➋ There is no need to slaughter fish; even if it dies naturally without being hunted, it is still lawful (halal), and the water remains pure. All types of fish are included in this ruling.

59. Commentary:

➊ The reason for the question was that seawater is extremely salty, and sea creatures and travelers die in it. Their impurities also remain there. It was possible that, according to the Shariah, it might be considered unusable. However, the Noble Prophet (sallallahu alayhi wa sallam) clarified that despite all this, seawater is pure and has the ability to purify other things as well, because it is abundant water (mā’ kathīr). Furthermore, Allah, the Exalted, has placed such elements in this water that, even when impurities enter it, no foulness develops. Its color, smell, and taste do not change.

➋ «الْحِلُّ مَيْتَتُهُ» refers to sea creatures, which, if they die in the sea, are lawful (halal). One benefit of this statement is that since sea creatures are lawful (even after death), their death does not render the water impure. Another benefit is that an additional ruling is learned: if, during travel, such a creature is found for food, it can be eaten without hesitation. The discussion as to whether by this «میتہ» “carrion” only fish is meant or every sea creature, will come at its appropriate place ahead, insha’Allah.

➌ The name of the person who asked the question was Abdullah Mudlaji. For details, see: [عون المعبود : 152/1 ، حدیث : 83]

(1) The water of the sea is different in taste from ordinary water. The filth of the animals living in it and the humans traveling through it remains in the water itself. If any of them dies, it also decomposes and decays in the water. This could give rise to the doubt that perhaps it is not pure, therefore the Prophet sallallahu alayhi wa sallam stated this, because firstly, it is an extremely large quantity of water. Secondly, Allah Ta’ala, with His perfect power, has arranged matters such that neither does the water become putrid nor does any impurity leave its effect. And Allah is Mighty, Wise.

(2) “Pure and purifying”: In Arabic, the word “tahur” is used. Its meaning is: pure in itself, and also purifying other things.

(3) “Lawful without slaughter”: In Arabic, the word “maytah” is used, meaning that which dies without being slaughtered, for example: that which is hunted or that which dies a natural death in the water. The Hanafis do not consider aquatic animals that die a natural death to be lawful, but the wording of the hadith is general. Similarly, this hadith includes every aquatic animal. Imam Shafi’i rahimahullah holds this view, whereas Imam Malik only considers those aquatic animals lawful whose counterparts are lawful on land. And the Hanafis consider only fish to be lawful, because in some narrations the word “fish” is mentioned, but the words of the Qur’an and hadith are general. The words of the Noble Qur’an clearly express this meaning. The statement of Allah is: ﴿أُحِلَّ لَكُمْ صَيْدُ الْبَحْر﴾ (, al-Ma’ida: 5:96)

(4) There is no need to slaughter aquatic animals because they do not have blood. And slaughtering is for the purpose of draining blood. As for the red fluid that comes out of fish, etc., when wounded, it does not have the characteristics of blood; for example, if it is left in the sun, it will turn white, whereas blood turns black and congeals, and only congealed blood is unlawful. Therefore, there is no need to slaughter it.

333. Commentary: See Sunan an-Nasa'i, Hadith: 59 and its benefits and issues.

Benefit:

From this blessed hadith, it is understood that prayer (salah) is permissible even on a boat. In fact, those obligatory prayers whose entire time passes while on a conveyance—such as the short time of Fajr—or even if the complete time for both Dhuhr and Asr or Maghrib and Isha passes while on the conveyance, and there is no opportunity to combine them before or after by disembarking, then such prayers may be performed on the conveyance itself. This situation often arises nowadays during travel by ship, airplane, train, etc...

In this hadith, by attributing carrion (dead animal) to the sea, the Prophet sallallahu alayhi wa sallam has made it clear that those animals which live exclusively in the sea, whose life and death are confined to the sea, all of them are lawful (halal) for us—whether they are hunted or die naturally, and whether they are in the form of fish or in any other form.

Commentary:

➊
The name of the Companion who asked the question is mentioned as Abdullah in the narration of Tabarani, and from a narration in Musnad Ahmad, it is known that he belonged to the tribe of Banu Mudlij. See: (Subul al-Salam, Sharh Bulugh al-Maram: 1/10)

➋
The taste of seawater is different from that of ordinary water.
Most likely, this is why the Companion had a doubt in his mind.
The Prophet sallallahu alayhi wa sallam clarified that the water of the sea is both pure and purifying, so it can be used for ablution (wudu) and other such purposes.

➌
By “dead animal of the sea” is meant an animal that lives in water.
Just as it is lawful (halal) if caught alive, similarly, if it dies in the sea or comes out of the sea and dies, it is still lawful (halal).
There is no need to slaughter it like a land animal.
Allah Ta’ala says:
﴿Uhill lakum saydu al-bahri wa ta‘amuhu﴾ ( al-Ma’idah: 5/96)
“The game of the sea and its food have been made lawful for you.”
However, if a land animal drowns in water and dies, it is unlawful (haram), because it is not a dead sea animal but a dead land animal. See: (Sahih al-Bukhari, al-Dhaba’ih wa al-Sayd, Chapter: The game if it is absent for two or three days, Hadith: 5484)

➍
The Companion had only asked about the water of the sea, but the Prophet sallallahu alayhi wa sallam informed him about the animals of the sea as well.
From this, it is understood that if a scholar feels that the questioner needs to be informed about another issue which he did not ask, then along with the issue asked, the other issue should also be explained.

➎
Some animals can live both in water and on land.
Should they be counted among aquatic animals or terrestrial animals? In the hadith, only the frog is mentioned among these.
Regarding this, there is a narration in Sunan Ibn Majah in which killing the frog is prohibited.
About this hadith, Muhammad Fu’ad ‘Abd al-Baqi said:
(In al-Zawa’id:
In its chain is Ibrahim ibn al-Fadl al-Makhzumi, and he is weak.)
It is written in al-Zawa’id that in its chain is Ibrahim ibn al-Fadl al-Makhzumi, and he is weak.
However, ‘Allamah Nasir al-Din al-Albani rahimahullah has mentioned this hadith in Sahih Sunan Ibn Majah.
Another hadith is mentioned by Imam Ibn Hajar rahimahullah in Bulugh al-Maram, the meaning of which is that the Messenger of Allah sallallahu alayhi wa sallam did not permit the physician to kill the frog for use in medicine.
Hafiz Ibn Hajar said:
This hadith was narrated by Imam Ahmad, Imam Hakim declared it authentic, and Imam Abu Dawud and Imam Nasa’i also narrated it. See: (Bulugh al-Maram, Kitab al-At‘imah, Hadith: 13)
In light of this hadith, it seems correct to avoid such animals that can live both in water and on land.
And Allah knows best.

Lexical Explanation:
«كِتَابُ الطَّهَارَةِ» is derived from "kitab, kutub," which means to gather and to combine. According to scholars, "kitab" refers to a collection of issues that have an independent status, whether they comprise several types, i.e., different chapters, or not. And "taharah" refers to the removal of filth or impurity.

«بَابُ الْمِيَاهِ» refers to issues of an independent status related to a single matter or type, which are termed as "bab" (chapter). And «مِيَاهِ : ماء» is the plural of it. Its diminutive form is «مُوَیْه». The Bedouin Arabs, by distorting its form, have made it «مُویَه». (The author) has brought it in the plural form because in this chapter, he will mention the water of wells, rivers, seas, springs, and rain of mercy.

«عن ابي هريرةَ» is related to a deleted genitive construction, which could be «رُوِيَ» or «مَروِيٌ», etc., and «فِي البَحرِ» means: What is the ruling regarding river and sea water?
«الطَّهُورُ» has a fathah on the "ta," and it refers to that which is used to obtain purification, and here it will be in the meaning of «مُطَھّر» (purifying). The water of rivers and seas is itself pure and also purifies.
«الْحِلُّ» is with a kasrah on the "ha" and a shaddah on the "lam." It means: lawful (halal).
«مَيْتَتُهُ» refers to those animals that can live only in water. This is not absolute, and it does not refer to those animals that can also live outside water.

Benefits and Issues:
➊ This hadith was actually stated in response to a question from a questioner, as narrated by Imam Malik rahimahullah and others, that a man came to the Messenger of Allah sallallahu alayhi wa sallam and said: O Messenger of Allah! We travel by sea, and we have only a little water with us. If we use it for ablution (wudu), we will be left thirsty. So can we perform ablution with sea water? In response, the Prophet sallallahu alayhi wa sallam said: "Its water is pure." [الموطأ، يحييٰ : 1، 22، و سنن ابي داؤد، الطهارة، باب الوضوء بماء البحر، حديث : 83]
➋ This hadith is evidence that sea water is absolutely pure, without any detail or division, and also that sea animals are lawful (halal), regardless of their form. This is the opinion of Imam Malik, Imam Shafi'i, and Imam Ahmad rahimahullah. However, Imam Abu Hanifah rahimahullah considers only fish among sea animals to be lawful. The Prophet sallallahu alayhi wa sallam, along with clarifying the permissibility of sea water to the questioner, also, without being asked, clarified the permissibility of animals that die a natural death in it, because a person who may be in doubt about the permissibility of sea water may be in even greater doubt about the permissibility of dead animals in it, as a traveler by sea may encounter such a situation. Therefore, the answer of the Prophet sallallahu alayhi wa sallam is based on wisdom and compassion.
➌ Who was this questioner? There are different opinions about this. Some have said his name was Abdullah Mudlaji radi Allahu anhu, and some have said Abd al-Araki radi Allahu anhu, and it has also been said that he was Ubayd al-Araki radi Allahu anhu. "Araki" (with a fathah on both the "ayn" and the "ra") «صیاد السمک» refers to one who catches fish, i.e., a fisherman. Then, due to the connection with catching fish, this term is also applied to sailors, i.e., boatmen, even if their actual name is not «عَرَك».
➍ This hadith proves that sea water is pure. Performing ablution with it and using it (after purification) is valid.
➎ Similarly, it is also established that those animals which are only from the sea (cannot live outside the sea) are all lawful, whether they die in the sea or after being taken out.
➏ Also, traveling by sea is permissible.

Narrator of the Hadith:
SR Sayyiduna Abu Hurairah radi Allahu anhu: ER He is that eminent Companion of the Messenger from whom the most narrations of the Prophet have reached us. According to the opinion of the author of "al-Isti'ab," his name was Abdullah or Abdur-Rahman. He was from the tribe of Daws. He embraced Islam in the year of Khaybar, 6 AH, and remained constantly in the company of the Messenger of Allah sallallahu alayhi wa sallam. He lived to the age of 78 and departed from this transient world in 59 AH, and was buried in the cemetery of Baqi' al-Gharqad (Jannat al-Baqi') in Madinah Munawwarah. During the caliphate of Sayyiduna Umar radi Allahu anhu, he performed the duties of a mufti and was also appointed as the governor of Madinah by Marwan. Nearly (5384) hadith are narrated from him, and the number of those who narrated hadith from him exceeds (800). «والله اعلم»

«كتاب الطهارة»
Issues of Purification
Lexical Explanation of the word «كتاب»:
The word «كتاب» is used in the meanings of gathering, joining, that in which something is written, a scroll, obligation, and command, and it is the verbal noun (masdar) of the form «كتب يكتب» (nasr).
Technical Definition:
A kitab (book) is called a collection of issues that holds an independent status, whether it comprises several types (i.e., chapters) or not. [القاموس المحيط ص /119] 1
Lexical Explanation of «الطهارة»:
«الطهارة» means purity, cleanliness, being pure, and purifying, all of which are its meanings, and it is the verbal noun (masdar) of the form «طهر يطهر» (nasr, karam). The word «طهور» (with a dammah on the letter ta) “to purify” is the verbal noun from «طهر». And the word «طهور» (with a fathah on the letter ta) “pure or purifier” is on the pattern of “fa‘ool,” which is a form of the adjective (sifah mushabbahah). «طهر» is called “the state contrary to menstruation.” «تطهير» (taf‘eel) means “to purify.” [القاموس المحيط ص/ 289] 2
Technical and Legal Definition:
(Shafi‘i rahimahullah, Nawawi rahimahullah) To remove hadath (state of ritual impurity) and to eliminate filth is called taharah (purification). [المجموع 124/1] 3
(Hanabilah, Malikiyyah) Taharah is such a legal attribute that, with its subject or in it or for it, establishes the permissibility of prayer. [المغني 13/1] 4
(Hanafiyyah) By taharah is meant to attain cleanliness from impurity, whether the impurity is real (such as filth, excrement, etc.) or legal (such as hadath or lack of ablution, etc.). [الدر المختار 79/1] 5
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1 [القاموس المحيط ص /119، الدرر 6/1، الصحاح 208/1، أنيس الفقهاء ص/45]
2 [القاموس المحيط ص/ 289، الصحاح 227/2، المصباح المنير 579/2، الجواهر المضية 190/2]
3 [المجموع 124/1، مغني المحتاج 16/1]
4 [المغني 13/1، الشرح الكبير 30/1، الشرح الصغير 20/1]
5 [اللباب شرح الكتاب 10/1، الدر المختار 79/1، الكليات لأبي البقاء ص /234، حدود أبن عرفة ص /12، المطلع للبعلي ص/5]
* * * * * * * * * * * * * *

«باب اقسام المياه»
Explanation of the Types of Water
Lexical Explanation of «باب»:
In which issues related to a single type are explained. [تحفة الأحوذي 19/1] 1
Lexical Explanation of «اقسام المياه»:
The word «مياه» is the plural of «مآء» (water), and despite being a generic noun, it is brought in the plural form to indicate the difference of types (for example, well water, sea water, spring water, etc.). [نيل الأوطار 43/1]
● The statement of Allah, the Exalted, is:
«وَأَنزَلْنَا مِنَ السَّمَاءِ مَاءً طَهُورًا» [25-الفرقان:48]
“And We sent down from the sky pure water.”
● In another place, He said:
«وَيُنَزِّلُ عَلَيْكُم مِّنَ السَّمَاءِ مَاءً لِّيُطَهِّرَكُم بِهِ» [8-الأنفال:11]
“And He sends down upon you water from the sky so that He may purify you thereby.”
❀ It is narrated from Abu Sa‘id al-Khudri radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
«الْمَاءُ طَهُورٌ لَا يُنَجِّسُهُ شَيْءٌ»
“Water is pure; nothing makes it impure.” [أبوداود 66] 2
❀ Regarding the water of the sea, he sallallahu alayhi wa sallam said:
«هُوَ الطَّهُورُ مَاؤُهُ الْحِلُّ مَيْتَتُهُ»
“Its water is pure and its dead (i.e., dead sea creatures) are lawful.” [أبوداود 83] 3
● There is consensus on the purity and purifying nature of plain water. [الفقه الإسلامي وأدلته 260/1]
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1 [تحفة الأحوذي 19/1 نيل الأوطار 43/1]
2 [صحيح : صحيح أبو داود 60، كتاب الطهارة : باب ماجاء فى بئر بضاعة أبوداود 66، مسند شافعي 30،أبوداود طيالسي 292،أحمد 31/3، ترمذي 66، نسائي 1781، شرح معاني الآثار 11/1، دارقطني 29/1]
3 [صحيح : صحيح أبو داود 76، كتاب الطهارة : باب الوضوء بماء البحر : أبو داود 83، موطا 22/1، ابن أبى شيبة 131/20، أحمد 361/2، دارمي 186/1، ترمذي 69، نسائي 176/1، ابن ماجة 386، ابن خزيمه 111، ابن حبان 119، الموارد ابن الحارود ص /20، دارقطني 36/1، حاكم 140/1، بيهقي 3/1، معرفة السنن والآثار 150/1]