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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.57 –:– The Earnings of a Prostitute, Price of Dogs and Earnings of a Fortune Teller is Prohibited

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

The Earnings of a Prostitute, Price of Dogs and Earnings of a Fortune Teller is Prohibited

[57] From Malik from Ibn Shihab from Abu Bakr Ibn Abd ar-Rahman Ibn al-Harith Ibn Hisham from Abu Mas’ud al-Ansari that the Messenger of Allah (Sallalahu Alayhi Was-Sallam) forbade the sale price of a dog, the earnings of a prostitute and the earnings of a fortune teller.

[GRADING] – [SAHIH]

Ibn Shihab az-Zuhri clarified hearing (this hadith from Abu Bakr Ibn Abdurahman Ibn al-Harith Ibn Hisham) in Humaydi (with my verification: (no.451))

[REFERENCES] – [AGREED UPON]

Al-Muwatta (Yahya’s narration 2/656 hadith no.1400, book 31, chapter 29, hadith no.68) at-Tamhid (8/397) al-Istidhkar: (no.1321)  

Transmitted by Bukhari (no.2237) and Muslim (no.1567) from the hadith of Malik.

[UNDERSTANDING FROM THE HADITH]

1) This hadith is an excellent refutation against those people who say that the selling of a dog is allowed!

2) There is a consensus that the earnings of a prostitute and earnings of a fortune teller are prohibited. (at-Tamhid (8/398))

3) The Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, “The price of a dog is evil, the earning of a prostitute is evil and the earning of a cupper is evil.” (Sahih Muslim: (41/1568)[no.4012]) The Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, “The price paid for a dog is not lawful” (Sunan Abu Dawud: (no.3484) and its chain is [Hasan] good) It has come in a hadith that if someone comes to take the earnings for a dog then his hands should be filled with mud (soil). (Sunan Abu Dawud: (no.3484) and its chain is [Sahih] authentic)

4) The narrations in which it has been declared that selling some dogs is allowed are all [Daif] weak and rejected. For example:
1. “From Jabir that the Prophet (Sallalahu Alayhi Was-Sallam) forbade the price of cats and dogs, except hunting dogs.” (Sunan an-Nasa’i (7/191) hadith (no.4300) and he said: it is not [Sahih] authentic, (7/309) hadith (no.4672) and he said: this is [Munkar] rejected) This narration is [Daif] weak because of the [An] of Abu Zubayr Muhammad Ibn Mutris. Abu Zubayr was a famous mudallis. (al-Fath ul-Mubin fi Tahqiq Tabaqat al-Mudalisin (pg.61, 62) number (101/3))

2. “From Abu Hurayrah that (the Prophet (Sallalahu Alayhi Was-Sallam)) forbade from the earnings of a prostitute, stallions, cats and dogs except hunting dogs.” (as-Sunan al-Kubra of al-Bayhaqi (6/6)) This narration is weak because of two reasons: 1) the reliability of Muhammad Ibn Yahya Ibn Malik adh-Dhabi is not known. 2) Hamad Ibn Salamah and Qays Ibn Sa’d are both reliable however the narrations of Hamad from Qays are [Daif] weak. Al-Bayhaqi said, “And there is inspection (further examination, looking into, investigation, scrutinizing) (needed) in the narrations of Hamad from Qays” (also (6/6)) This narration which contains Hamad Ibn Salamah from Qays (in the chain) is present in Sahih Ibn Hiban however it does not contain the permission to sell a dog, rather it is written that, “

(al-Ihsan (7/217) hadith (no.4920)) Jabir Ibn Abdullah al-Ansari (Radi Allahu Anhu) was asked about the charging (buying and selling) of dogs and cats he said, “The Prophet (Sallalahu Alayhi Was-Sallam) has severely prohibited it.”(Sahih Muslim: (42/1569)[no.4015])
It is known from this that even Jabir (Radi Allahu Anhu) understood that the charging (buying and selling) of dogs and cats is not allowed.

5) In Sunan Daraqutni there are some narrations ((3/72, 73) hadith (no.3045, no.3046, no.3047) whereby the permissibility of selling some dogs is known however all these narrations are [Daif] weak and rejected and Imam Daraqutni has himself declared some of the narrators to be [Daif] weak. The grading and verification of the additional narrations that the people of blind following present are below:
“Abu Hanifa from al-Haytham from Ikrimah from Ibn Abaas he said that the Messenger of Allah (Sallalahu Alayhi Was-Sallam) permitted in the sale price of the hunting dog” (Musnad Abu Hanifa al-Haskafi’s narration (pg.169), urdu translation (pg.319), Jami’ul Masanid of al-Khwarizmi (2/10,11)

One of Musnad al-Haskafi’s (died 650 hijri) previous narrator was Abu Muhammad Abdullah Ibn Muhammad Ibn Ya’qub al-Harithi (urdu translation (pg.24) Musnad al-Haskafi (pg.27))

According to the noble muhadithin, Abdullah Ibn Muhammad Ibn Ya’qub al-Harithi is severely criticised. Abu Zur’ah Ahmad Ibn al-Husayn ar-Raazi said, “[Daif] weak” (Su’alat Hamzah Ibn Yusuf as-Sahmi (no.318))

Abu Ahmad al-Hafidh and Haakim Nayshapuri said, “He was a teacher, he used to make hadith (up)” (Kitab al-Qira’at Khalful Imam of al-Bayhaqi (pg.178) hadith (no.388))
Meaning this person was a complete teacher (talented) in fabricating hadith. Khatib Baghdadi, Khalili, Ibn Jawzi, Hafidh Dhahabi etc. have criticised him. (Tarikh Baghdad (10/126) (check what taa means) (no.5262), al-Irshad of al-Khalili, (3/972) taa (no.899), kitab adh-Dhu’afa Wal Matrukin of Ibn al-Jawzi (2/141), Diwan adh-Dhu’afa of adh-Dhahabi (2/63) taa (no.2297))

Also see Mizan al-I’tidal (2/496) and Lisan al-Mizan (3/348, 349)
His reliability is not established from any credible muhadith.
An overview of the chains of narration from Jam’ul Masanid of al-Khwarizmi is below:
1. Khwarizmi himself is not trustworthy and has an unknown reliability.
2. Abu Muhammad al-Bukhari al-Harithi is a liar. As mentioned previously.
3. Ahmad Ibn Muhammad Ibn Sa’id Urf Ibn Aqdah according to the majority of the muhadithin is a criticised narrator. Despite Imam Daraqutni praising him he said that he was a corrupt person meaning a rafidhi. (Tarikh Baghdad (5/22) taa (no.2365) and its chain is [Sahih] authentic) and said he used to say (spread) many [Munkar] rejected narrations. (Also and its chain is [Sahih] authentic) Abu Umar Muhammad Ibn al-Abas Ibn Muhammad Ibn Zakariya al-Baghdadi said that this person listed (wrote) criticisms about the noble companions meaning Abu Bakr and Umar (RadhiAllahu Anhuma) in Jami’ Baratha therefore (because of this) I have abandoned his hadith. (Su’alat Hamzah as-Sahmi: (no.166) and its chain is [Sahih] authentic)
He (Ibn Uqdah) was also a robber, he stole books from Uthman Ibn Sa’id al-Muris son’s house. (al-Kamil fee adh-Dhu’afa of Ibn A’di (1/209) and its chain is [Sahih] authentic, Muhammad Ibn al-Husayn Ibn Mukram al-Baghdadi is reliable and Daraqutni declared him to be reliable etc.)
It is known from this that Ibn Uqdah was a robber, unrighteous and a rafidhi.
4. Ahmad Ibn Abdullah Ibn Muhammad al-Kindi al-Jilaj spread [Munkar] rejected hadiths on behalf of Imam Abu Hanifa. (al-Kamil of Ibn Adi (1/197))
Imam Abu Hanifa is not in need of these type of [Munkar] rejected hadiths. Wal Hamdullilah.
Hafidh Abdul Haq Ishbili declared this narration of Ahmad Ibn Abdullah al-Kindi about the dog, to be a false hadith. (al-Ahkam al-Wasiti (3/249,248) Lisan al-Mizan (1/199))
5. The Imam of Asma ar-Rijal Yahya Ibn Ma’in said about Muhammad Ibn al-Hasan Ibn Farqad ash-Shaybani, “He is nothing” (Tarikh Ibn Ma’in: (no.1770))
Imam Ibn Ma’in also said, “Muhammad Ibn al-Hasan ash-Shaybani is a jahmi liar.” (Kitab adh-Dhu’afa of al-Uqayli (4/52) and its chain is [Sahih] authentic)
In the second chain both Ahmad Ibn Abdullah al-Kindi and Muhammad Ibn al-Hasan ash-Shaybani are criticised and al-Hasan Ibn al-Husayn al-Intaki is unknown. In the third chain there is Ibn Uqdah the robber, Abdullah Ibn Muhammad al-Bukhari the liar and both Ahmad Ibn Abdullah al-Kindi and Muhammad Ibn al-Hasan ash-Shaybani who have been criticised. In the fourth chain there is Husayn Ibn Muhammad Ibn Khusro al-Bakhli, al-Husayn Ibn al-Husayn Intaki the unknown, Ahmad Ibn Abdullah al-Kindi and Muhammad Ibn al-Hasan ash-Shaybani who have been criticised. In the fifth chain there is Ibn Khusro, Husayn Ibn Husyan, Ahmad Ibn Abdullah al-Kindi and Muhammad Ibn al-Hasan. In the sixth and last chain there is Ibn Khusro the Mu’tazali who is criticised. See Lizan al-Mizan (2/312) and Sir A’lam an-Nubala (19/592) Qadhi Abu Nasr Ibn Ishkab and Abdullah Ibn Tahir are unknown, and Muhammad Ibn al-Hasan ash-Shaybani is criticised.

Summarised verification: This narration is false and rejected and it is not established from Imam Abu Hanifa. It is known from this that the narrations which show the permissibility for selling some types of dogs are all [Daif] weak and rejected.
Some people have said that selling a dog is allowed in contrast to a dog’s price being prohibited and evil. See al-Hidayah of al-Mirghinani (2/101, and the words for it, (3/79)) al-Quduri ((pg.74) before chapter as-Sarf) Fath ul-Qadir of Ibn Hamam (6/345) Bida’i as-Sana’i (5/142) Kanzud Daqa’iq (pg.257) al-Bahr ur-Ra’iq (6/172) ad-Durul Mukhtar with Kashf ul-Astar (2/50) Radul Mukhtar al-Ma’ruf with Fatawa Shami (4/238, 239) Hashiyah (marginal notes) of Tahtawi ‘Ala (on) ad-Durul Mukhtar (3/127) Kitabul Fiqh ‘Ala al-Madhahib al-‘Arba’a (2/232) and al-Fiqh al-Islami Wa adilatah (4/446) etc., Rather some people have written that it is allowed to slaughter a dog and sell its meat. See Fatawa Alamghiri (3/115)!
All these sayings are rejected because they are against the authentic ahadith.
Mulla Marghinani wrote, “Apart from (the meat of) humans and pigs, the meat and skin of those things which are not eaten become pure from slaughtering it.” (al-Hidayah (2/441) other manuscript (4/69))
This fatwa is rejected because of it having no proof.

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