Hadith 364

This hadith is listed as number 810 in Maktaba Shamila

حَدَّثَنَا أَحْمَدُ بْنُ عُثْمَانَ النَّوْفَلِيُّ ، حَدَّثَنَا أَبُو عَاصِمٍ ، حَدَّثَنَا ابْنُ جُرَيْجٍ ، أَخْبَرَنِي عَمْرُو بْنُ دِينَارٍ ، أَخْبَرَنِي عَطَاءٌ مُنْذُ حِينٍ ، قَالَ : أَخْبَرَنِي ابْنُ عَبَّاسٍ ، أَنَّ مَيْمُونَةَ أَخْبَرَتْهُ ، " أَنَّ دَاجِنَةً ، كَانَتْ لِبَعْضِ نِسَاءِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَمَاتَتْ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَلَّا أَخَذْتُمْ إِهَابَهَا ، فَاسْتَمْتَعْتُمْ بِهِ ؟ " .
Ibn'Abbas reported on the authority of Maimuna that someone amongst the wives of the Messenger of Allah (ﷺ) had a domestic animal and it died. Upon this the Messenger of Allah (ﷺ) said: Why did you not take off its skin and make use of that?
Hadith Reference صحيح مسلم / كتاب الحيض / 364
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
In the narration of Sahih Muslim, the Messenger of Allah sallallahu alayhi wa sallam said:
“How excellent it would be if you had removed its skin and, after tanning it, benefited from it.” (Sahih Muslim, al-Hayd, Hadith: 806 (363))

From this hadith, it is understood that the skin of a dead animal (maytah) can only be made usable after tanning. However, Imam al-Zuhri rahimahullah holds the view that benefit can be derived from the skin of a dead animal even without tanning.
This is a solitary (shaadh) opinion of his.
All the ahadith in this regard refute this, because it is only through tanning that the skin becomes pure, as is mentioned in a hadith: when the skin is tanned, it becomes pure.
(Sahih Muslim, al-Hayd, Hadith: 812 (366))

Some scholars are of the opinion that no skin becomes pure through tanning, because in a hadith it is stated: Do not benefit from the skin and sinews of a dead animal.
(Jami‘ al-Tirmidhi, al-Libas, Hadith: 1729)

The answer to this is that “ihab” refers to skin that has not been tanned, and after tanning, other terms are applied to it. Therefore, the ahadith of prohibition will be understood to refer to skin that has not yet been tanned.

Except for the skin of a dog and a pig, the skin of every dead animal becomes pure through tanning, because in the Qur’an, the pig is called “rijs” (filth), and the dog is analogized to it due to its being comprised of impurity.

It is mentioned in the hadith: Whatever skin is tanned, it becomes pure.
(Sunan Ibn Majah, al-Libas, Hadith: 3609)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5532
Maulana Dawood Raz
Hadith Commentary: Leather becomes pure through tanning.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5531
Maulana Dawood Raz
Hadith Commentary:
Although in the Noble Qur’an, “Hurrimat ‘alaykumul-maytatu” (al-Ma’idah: 3) is absolute.
All its parts are included, but the hadith has specified that only the eating of carrion (maytah) is forbidden.
Zuhri took evidence from this hadith and said that deriving benefit from the hide of carrion is absolutely permissible,
whether it has been tanned or not; however, the condition of tanning has been derived from another hadith.
And this is the very evidence of the majority of scholars, and Imam Shafi‘i rahimahullah has made an exception for dogs and swine among carrion.
Their hides will not be purified even by tanning. And Imam Abu Hanifah rahimahullah has made an exception only for the hide of swine and humans.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2221
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The meaning of this hadith is that it is permissible to benefit from the hide of a dead animal (carrion), therefore its sale and purchase have not been declared unlawful.

(2)
Apparently, the hadith indicates that it is permissible to benefit from the hide of a dead animal even if it has not been tanned. This is the position adopted by Imam Zuhri rahimahullah. It also appears to be the position of Imam Bukhari rahimahullah. However, in the narration of Sahih Muslim, there is this addition:
"Why did you not tan its hide and then benefit from it?"
(Sahih Muslim, al-Hayd, Hadith: 806(363))
From this, it is understood that the hide of a dead animal should not be used without tanning (dibaghah), nor should it be bought or sold.

(3)
The interpretation of Imam Bukhari rahimahullah’s position can be as follows: the sale and purchase of untanned leather is permissible provided its moisture has dried up, whether that is through tanning or exposure to sunlight; on this basis, tanning is not a condition for the permissibility of sale.
Islahi Sahib has raised a question at this point: where is tanning mentioned in this hadith, which Imam Bukhari rahimahullah has mentioned in the chapter heading? (Tadabbur Hadith: 1/506)
The answer is that "ihab" refers to leather that has not been tanned, because after tanning it is called "qirbah"; therefore, Islahi Sahib’s question is unfounded.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2221
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From this hadith, it is understood that it is permissible to give charity to the slaves and slave-girls of the Mothers of the Believers (radi Allahu anhunna). However, the freed slaves and slave-girls of the Messenger of Allah (sallallahu alayhi wa sallam) cannot accept charity, as is mentioned in the hadith that the Messenger of Allah (sallallahu alayhi wa sallam) appointed a man from Banu Makhzum to collect zakat. He said to Abu Rafi‘ (radi Allahu anhu): "Come with me, and you will also receive a share from it." He replied: "I will not go until I present myself before the Messenger of Allah (sallallahu alayhi wa sallam) and inquire about this matter." So he went to the Prophet (sallallahu alayhi wa sallam) and mentioned it, and the Prophet said:
"The freed slave of a people is considered among them, and charity is not lawful for us."
(Sunan Abi Dawud, Zakat, Hadith: 1650)

(2)
From this hadith, it is understood that both obligatory and voluntary charity is forbidden for the freed slaves of the Messenger of Allah (sallallahu alayhi wa sallam). However, the Mothers of the Believers (radi Allahu anhunna) themselves are included among the family (Ahl) of the Messenger of Allah (sallallahu alayhi wa sallam), and for them, charity and alms are forbidden, as Khallal has transmitted in this narration. ‘Aishah (radi Allahu anha) says: "We are from the family of Muhammad (sallallahu alayhi wa sallam), and charity is forbidden for us."
(Fath al-Bari: 3/448)
Similarly, in Musannaf Ibn Abi Shaybah, it is mentioned that Khalid ibn Sa‘id sent some charity to ‘Aishah (radi Allahu anha), so she said:
"We are related to the family of Muhammad (sallallahu alayhi wa sallam); charity is not permissible for us."
(Al-Musannaf li-Ibn Abi Shaybah: 3/214, and ‘Umdat al-Qari: 6/545)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 1492
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
(1)
Asqiyah:
This is the plural of siqā’.
It refers to a leather water-skin.

(2)
Dabāghat:
It is permissible with anything that dries out the moisture of the hide,
removes its bad odor,
and preserves the hide from rotting and decay.

Benefits and Issues:
In the aforementioned ahadith, only the water-skins of permissible animals or of the Magians are mentioned.
There is no difference of opinion regarding the purification of the hide of a lawful (halal) animal after tanning (dabāghat). Regardless of permissibility or prohibition, in general, the Imams have different views:
(1)
According to Imam Shafi’i rahimahullah, except for the pig and the dog, the hide of every dead animal becomes pure both inside and outside after tanning; therefore, every kind of dry and wet thing can be kept in it.

(2)
The well-known opinion of Imam Malik rahimahullah and Imam Ahmad rahimahullah is that tanning does not purify the hide of any dead animal.
This view is also attributed to Umar radi Allahu anhu and Aisha radi Allahu anha.

(3)
Imam Awza’i rahimahullah,
Ibn al-Mubarak rahimahullah, and Ishaq ibn Rahwayh rahimahullah hold the view that only the hide of a lawful (halal) animal becomes pure by tanning; the hide of a prohibited (haram) animal does not become pure.

(4)
According to Imam Abu Hanifah rahimahullah, except for the pig, the hide of every dead animal becomes pure by tanning.

(5)
The second opinion of Imam Malik rahimahullah is that tanning purifies all hides,
but only from the outside,
not from the inside; therefore, no wet thing can be placed in them.

(6)
The hide of every animal becomes pure both inside and outside by tanning; this is the position of Imam Abu Yusuf rahimahullah and Dawud al-Zahiri.

(7)
Benefit can be derived from the hide of a dead animal even without tanning; this is the view of Imam Zuhri rahimahullah and some Shafi’is.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 815
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: From this hadith, it is understood that if a lawful (halal) animal dies, its skin becomes pure after being tanned.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 806
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
From this hadith, it is understood that every hide which has been tanned becomes pure.
However, from this generality, the hides of predatory animals are excluded,
because in this regard, there is the statement of the Messenger (sallallahu alayhi wa sallam): (An Rasul Allah ﷺ naha ‘an julud as-siba‘) — that is, the Messenger of Allah (sallallahu alayhi wa sallam) forbade the use of the hides of predatory animals.
On the basis of this hadith, the hides of predatory animals remain impure in every situation,
and their use is impermissible.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1728
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
It is understood from this that the skin of a dead animal can only be benefited from after tanning (dabaghah).
And those narrations in which the condition of tanning is not mentioned
should be interpreted in light of the narration that includes the condition of tanning.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1727
Hafiz Muhammad Ameen
It is understood that although the slaughtered animal of an idolater is not lawful (halal), if he tans the hide, the hide becomes pure.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4247
Hafiz Muhammad Ameen
Urdu marginal note:
This hadith has no direct connection with the relevant chapter; however, it is related to the previous chapters. It is possible that the nearby chapter is incidental, while the actual chapter is the preceding one. The nearby chapter would be like a parenthetical statement. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4266
Hafiz Muhammad Ameen
1. The relevance of the hadith to the chapter is as follows: the ruling regarding the hide of a dead animal is that it is permissible to benefit from it, provided that it is tanned, as is clarified in other ahadith.

2. From this blessed hadith, it is also understood that if the meaning of the statement of an imam or a responsible person is not clear, one may ask him about it; this is not contrary to his respect, just as the noble Companions (radi Allahu anhum) asked the Messenger of Allah (sallallahu alayhi wa sallam) how benefit could be derived from the hide of a dead animal.

3. Even a respected and dignified person should not become angry during questioning, discussion, or research, nor should he make it an issue of his ego, as the best example of the Messenger of Allah (sallallahu alayhi wa sallam) is that he would graciously explain to people when they asked.

4. From this blessed hadith, this important issue is also established: that the generality of the Book of Allah () can be specified by the noble hadith (). In the Noble Qur’an, it is stated in absolute terms: the ruling of the prohibition of carrion includes every part of it and applies in all circumstances. The hadith and Sunnah have specified this general ruling, that if the hide of a dead animal is tanned, its use becomes lawful.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4239
Shaykh Safi ur-Rahman Mubarakpuri
Lexical Explanation:
«دُبِغَ» is derived from «دِبَاغ». «دُبِغَ» is in the passive form. Its meaning is: to dry out the moisture and other impurities (filth) from the leather and to remove whatever causes its foul smell and corruption.
«اَلْإِهَابُ» is on the pattern of «اَلْكِتَابُ». It is used for leather in general, or it also refers to that leather which has not yet been dyed.
«أَيُّمَا إِهَابٍ دُبِغَ» The remaining words of the hadith are: «فَقَدْ طَهُرَ» and «أَيُّمَا» conveys a sense of generality, thus it includes all types of leather.

Benefits and Issues:
➊ This hadith includes the skins of all types and kinds of animals; however, the skin of the pig (i.e., swine) is, by consensus, excluded from this, and according to the majority, the skin of the dog is also excluded. According to the investigating scholars, the skins of all those animals are also excluded which are non-edible (ghayr ma’kul al-lahm), i.e., whose meat is not eaten.
➋ From the mentioned hadith, it is understood that after tanning (dabaghah), every type of leather becomes pure, whether the leather is from a lawful (halal) animal or an unlawful (haram) one, whether the animal was slaughtered according to the Shari’ah or died a natural death. Despite this general principle, there are some animals whose skins are not considered pure even after tanning, for example: the skin of the pig, which is not considered pure due to its inherent impurity (najas ‘ayn), and human skin, which is also prohibited due to its dignity, nobility, and honor, so that it may be preserved from disrespect.
➌ Some people are of the opinion that if the pig or dog is slaughtered with the recitation of takbir, then in that case it also becomes pure, whereas this opinion is not correct. Similarly, the Hanafi view that the skin of the dog becomes pure after tanning is also not based on the correct and sound opinion.
➍ It should be kept in mind that the horns, hair, teeth, and bones, etc., of those animals whose skins become pure after tanning can be used, and their trade is also permissible.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 16
Hafiz Zubair Ali Zai
Takhrij al-Hadith: [وأخرجه مسلم 366/105، من حديث ما لك به .]
Jurisprudential Explanation:
➊ The skin of lawful animals is called "ihab." The renowned grammarian Imam Abu al-Hasan al-Nadr ibn Shumayl al-Mazini al-Basri rahimahullah (d. 203 AH) said: The skin of camels, cows, and goats is called "ihab," while the skin of predatory animals is called "jild." (Masa’il al-Imam Ahmad wa Ishaq ibn Rahwayh by Ishaq ibn Mansur al-Kawsaj 1/215, Statement: 477, and its chain is authentic)
● Imam Ishaq ibn Rahwayh has stated almost the same thing in brief. (Also: 477) See also Lisan al-‘Arab (entry: أهب)
◄ It is thus known that the skins of lawful animals become pure through tanning. It should be clear that this does not refer to predatory animals such as dogs, etc. For the prohibition of the skins of predatory animals, see al-Muwatta’, Hadith: 52
➋ For further jurisprudential benefits, see al-Muwatta’, Hadith: 52
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 182
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
It is established from this hadith that if an edible (halal) animal dies, the condition for benefiting from its hide is that it must be tanned. It should be noted that the hide of non-edible (haram) animals does not become pure even after tanning. For a detailed discussion, see the author's valuable book "The Rulings of Animals."
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 317
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
It is established from this hadith that leather becomes pure by tanning. It should be noted that when the animal whose meat is lawful to eat (ma’kul al-lahm) dies, its skin becomes impure; but when it is tanned, it becomes pure. However, the skin of animals whose meat is not lawful to eat (ghayr ma’kul al-lahm) does not become pure by tanning.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 492
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
It is established from this hadith that if an animal whose meat is lawful to eat (ma’kul al-lahm) dies, its hide becomes impure. However, if the hide of the animal is removed and tanned with the bark of the acacia tree (kikar), it becomes pure. It should be noted that the hide of an animal whose meat is not lawful to eat (ghayr ma’kul al-lahm) is impure in every condition; it does not become pure even after tanning.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 498