Daleel at-Talib: Unit #2: Vessels

 

2: VESSELS[1]

It is lawful to acquire and
use all the purified vessels,[2]
even if these are expensive, except the vessels made of gold, silver and
whatever be plated with them.[3]
Purification with these (golden or silver) and misappropriated vessels, is
valid.[4]
The vessel soldered with a small amount of silver, without ornamental purpose,
is permissible to use.[5]
Vessels and garments of disbelievers are clean.[6]
Nothing is defiled by doubt, until its impurity is known surely.[7]

The bone, horn, nail, hoof,
tendon and skin of the dead animal is considered filth,[8]
that could not be purified even by tanning,[9]
however, hair, wool and feather of a dead animal, that was considered clean in
its life, even if it was prohibited to eat like cat and rat, is clean.[10]
It is Sunnah (recommended) to cover
the vessels and fasten the water-skin.[11]

NOTES:

---

[1] Vessel (Arabic: Aaniyah) means
any hollow vessel that can hold or contain something. The reason for listing
this topic, after types of water immediately, is the frequent use of vessels to
hold and preserve water, for daily use. Though the rulings discussed here are
not confined to water vessels only, but it discusses all types of vessels, that
humans use in their daily life for drinking, eating, washing, measuring,
storing, or transporting all sorts of commodities.

 

[2] LAWFUL VESSELS: The vessels made of
all types of clean materials like soil, stones, wood, glass, skin, metals,
alloys are lawful to use, except two metals i.e gold and silver.
[Kashaf-ul-Qina’a: vol.1, p.46]

The things are lawful to use in general unless Shariah
prohibits use of a specific thing. Allah Almighty says:

“It is He who created for you all of that
which is on the earth.” [2:29]

So the vessels made of aforementioned materials,
excluding gold and silver, are lawful to use for all purposes like drinking,
eating, washing, measuring, storing, transporting and shopping etc. [Tayseer
Masaayel al-Fiqh, vol.1, p.64]

 

The following Hadiths also indicate the permissibility
of aforementioned materials:

            Anas bin Malik (May Allah be pleased
with him) reported that Allah's Apostle (May Allah shower His blessings and peace
on him) said, “I did forbid you to drink Nabeedh (Date-syrup) in a few
vessels, now drink in any vessel, that you want. [Musnad Imam
Ahmad:H.13521]

Abdullah bin Zaid (May Allah be pleased
with him) reported that once Allah’s Apostle (May Allah shower His blessings
and peace on him

 came to us and
we brought out water for him in a brass vessel, then he performed
ablution. [Sahih Bukhari:H.197, Sahih Muslim:235, Sunan Abu Dawood:H.118, Jami
at-Tirmidhi:H.32, Sunan Ibni Mjah:H.434]

Abdullah bin Abbas (May Allah be pleased
with them) reported that Allah’s Apostle (May Allah shower His blessings and
peace on him) fasted during Ramadan and Muslims fasted with him as well. When
the Prophet (May Allah shower His blessings and peace on him) reached Al-Kadid
he  asked for a wooden bowl of
water and drank it, while he was on his dromedary, and people were looking at
him and came to know that he had broken the fast, so the Muslims also broke the
fast.

[Musnad Imam Ahmad:H.2363]

Durrah binti Abu Lahab (May Allah be pleased with her)
reported that I was present in the company of Ayeshah  (May Allah be pleased with her) and  Allah’s Apostle (May Allah shower His
blessings and peace on him) came there and said, “Fetch me water for ablution.”
Then I and Ayeshah  (May Allah be pleased
with her) rushed towards an earthen jug, but I grabbed it. I held it and
he performed ablution. [Musnad Imam Ahmad:H.24891]

            However, the vessels made of unclean
material or used for holding filthy materials is impermissible to use, until
they are purified properly, as directed by Shariah. Allah Almighty says:

“Purify your
clothes, and keep yourself away from filth.” [74:4-5]

Abu Tha’alabah Al-Khushni (May Allah be pleased with
him) reported that I said, “O’ Allah’s Apostle (May Allah shower His blessings
and peace on him) we live in the country of the People of the Book, indeed they
eat pork and drink wine, so what we do with their utensils?” He said, “If you
do not find the utensils except theirs, then wash them with water and cook in
them and drink.” [Musnad Imam Ahmad:H.17889]

[3] PROHIBITION OF VESSELS MADE OF GOLD AND
SILVER:

The precious materials like gem stones or precious
metals (like platinum) are lawful to use for making vessels and using them,
except gold and silver.

The following Hadiths forbid using vessels made of
gold and silver, both for a male and a female:

Hudhaifah bin al-Yaman (May Allah be pleased with him)
reported that I heard Allah’s Apostle (May Allah shower His blessings and peace
on him) saying, “Don’t drink in the vessels of gold and silver; and don’t wear
silk and brocade. Verily luxuries are for them in this world and for you in
Hereafter.”[Musnad Imam Ahmad:H.23703, 23756, Sahih Bukhari: H.5426, Sahih
Muslim:2067]

Ummi Salma (May Allah be pleased with her) reported
that Allah’s Apostle (May Allah shower His blessings and peace on him) said,
“Verily! Whoever drinks in a vessel made of silver, he fills his abdomen with
hell fire.” [Musnad Imam Ahmad:H.27103, 27117, 27130, 27146 , Sahih Bukhari:
H.5634, Sahih Muslim:2065]

The permissibility of precious materials, other than
gold and silver, is drawn from the general Islamic principle that everything is
permissible to use, until it is prohibited by Shariah. However the use of vessels made of gem stones or platinum etc is discouraged for the sake
of Taqwa (Fear of Allah). Allah Almighty says:

“Whoever desires the harvest of the
Hereafter - We increase for him in his harvest. And whoever desires the harvest
of this world - We give him thereof, but there is not for him in the Hereafter
any share.” [42:20]

Noaman bin Bashir (May Allah be pleased with him)
reported that he heard the Allah’s Apostle (May Allah shower His blessings and
peace on him) saying: “Halal (lawful) is evident and Haram (unlawful) is
evident too, but there are some doubtful things in between two. Most of the
people do not know whether these are Halal or Haram. Whoever avoids doubtful
things, he saved his Deen (religion) and honour. Whoever commits that (doubtful
thing), he is like a shepherd who puts (his cattle) to graze around a pasture,
so he is more likely to get enter into it. Lo’ every king has his pasture, and
pasture of Allah on His earth is that He has prohibited.”

[Musnad Imam Ahmad:H.18558, 18564, 18565, 18574,
18602, 18608,  Sahih Bukhari: H.52, Sahih
Muslim:1599]

 

VESSELS COPLATED WITH GOLD AND SILVER: Gold plating is a method of depositing a
thin layer of gold onto
the surface of another metal, most often copper or silver (to make silver-gilt), by chemical or electrochemical plating. [Wikipedia]

The vessels plated with gold and silver are like vessels
made of these metals, in this regard.[Al-Insaf: vol.1, p.81, Kashaf-ul-Qina’a:
vol.1, p.47]

The following Hadith leads scholars to the
aforementioned ruling:

Abu Hurairah (May Allah be pleased with him) reported
that the  Allah’s Apostle (May Allah shower
His blessings and peace on him) said: “When I forbid you from something,
avoid it at all and when I command you to do something, do it to make you
exhausted.”

[Musnad Imam Ahmad:H.7361, 9519, 10716,  Sahih Bukhari: H.7288, Sahih Muslim:H.1337]

ORNAMENTS OF GOLD AND SILVER: Women are allowed to adorn them
with ornaments of gold and silver.  It
will be discussed in detail later.

انشاء اللہ 

[4] VALIDITY OF PERFORMING PURIFICATION
USING VESSELS MADE OF GOLD AND SILVER: If a person performs ritual purification
by using vessels made of gold and silver, or misappropriated vessels, the
purification is valid, though he is sinful for using these vessels. The reason
behind this ruling lies that the water is not considered imclean by preserving
in these vessels.

[Al-Insaf: vol.1, p.81 Kashaf-ul-Qina’a: vol.1, p.48]

 

[5] VESSELS SOLDERED WITH GOLD AND SILVER: Soldering
is a process in which two or more metal items
are joined together by melting and flowing a filler metal (solder) into the joint, the filler metal having a lower melting point than the adjoining metal. [Wikipedia]

Vessels soldered with gold and silver are prohibited
to use in general, except if it is soldered with a slight amount of silver for
necessity, rather than ornamental purpose.

[Al-Insaf: vol.1, p.82, Kashaf-ul-Qina’a: vol.1, p.48]

The evidence for the first part of this ruling is same
that is for the gold plated vessels. While the evidence for the second part of
ruling is as follows:

Anas bin Malik (May Allah be pleased with him)
reported that the Allah’s Apostle (May Allah shower His blessings and peace on
him) possessed a bowl that was broken, so he soldered it with a patch of
silver.

[Sahih Bukhari:H.3109]

This Hadith shows the permissibility of soldering with
slight amount of silver, as the drinking bowls are small, generally; so the
reported soldering would have been in small amount. While, gold remained on its
previous ruling because gold is not allowed in any report for soldering.
Moreover, there is more emphasis on prohibition of gold in the Prophetic
narrations, like golden ring is prohibited for men, whereas, silver ring  is allowed for them.

Filling engraved designs on vessels made of other
metals, with gold or silver, is also forbidden.

[Al-Insaf: vol.1, p.81 Kashaf-ul-Qina’a: vol.1, p.47]

[6] VESSELS AND GARMENTS OF DISBELIEVERS: Vessels
and garments used by all kinds of disbelievers are clean originally, provided
that they are free of external filth like wine, urine etc.

[Al-Insaf: vol.1, p.85 Kashaf-ul-Qina’a: vol.1, p.48]

The permissibility of using disbelievers’ vessels is
derived from the following  Hadiths:

Imran bin Husain (May Allah be pleased with him)
reported that the Allah’s Apostle (May Allah shower His blessings and peace on
him) performed Wudhu (ablution), with water taken from water-skin of a
female disbeliever. [Sahih Bukhari: H.344, 595, Sahih Muslim:H.682]

Abdullah bin Abbas and Abu Hurairah (May Allah be
pleased with them) reported that the Jews of Khaybar offered mutton to the
Allah’s Apostle (May Allah shower His blessings and peace on him) that was
actually toxic. He accepted it and when he took a limb, he was informed that it
was toxic. He stopped eating at once and ordered his Companions to stop.

[Musnad Imam Ahmad:H.9826, Sahih Bukhari:H.3169, Sunan
Abu Dawood:H.4510, Sunan Darmi:H.68]

Jabir bin Abdullah (May Allah be pleased with him)
reported that we used to fight along with the Allah’s Apostle (May Allah shower
His blessings and peace on him) and we found the utensils for eating and
drinking of the polytheists then we used them, but no body would detest it.

[Musnad Imam Ahmad:H.15119, Sunan Abu Dawood:H.3838]

However, if disbelievers’ vessels are impure or their
impurity is most probable, then they can be used after washing them.

Abu Tha’alabah Al-Khushni (May Allah be pleased with
him) reported that I said, “O’ Allah’s Apostle (May Allah shower His blessings
and peace on him) we live in the country of the People of the Book, indeed they
eat pork and drink wine, so what we do with their utensils?” He said, “If you
do not find the utensils except theirs, then wash them with water and cook in
them and drink.” [Musnad Imam Ahmad:H.17889]

The Prophet (May Allah shower His blessings and peace
on him) suspended the use of disbelievers’ vessels, on the unavailability of
other vessels that were not used by them. In addition to that he commanded to
wash their vessels before using. So washing their vessels, before using, is
preferable.

One should not be annoyed by this ruling, because,
vessels are generally washed after use, in all the communities, to avoid germs
and dirt. Even disbelievers do not use the vessels without washing, used by
their own community members, but if used by their own. So there is no wonder if
Mulslims do not use the vessels used by non-Muslims. It is not for hatred but
to avoid dirt and filth.

The garments used by disbelievers are considered clean
if no filth is confirmed on them. However, it is safer to avoid their lower
garments like under garments, pants, trousers, nickers, skirts etc, preferably,
while offering  Salaah.
[Kashaf-ul-Qina’a: vol.1, p.48, Manarus Sabeel, vol.1, p.21]

Likewise, offering Salaah is disliked, in garments of
a female disbeliever who is undergoing menstrual cycle or post-partum bleeding,
if there is no blood stains on them. If blood stains are confirmed on them,
then they can’t be used without washing properly. [Ar-Raudh-ul-Murbi: p.23]

Ali bin Abu Talib (May Allah be pleased with him) reported
that Ukaydir of Dumat-ul-Jjandal gifted a silk dress or cloth to the Allah’s
Apostle (May Allah shower His blessings and peace on him) and he gifted it to
me for my wives.[Musnad Imam Ahmad:H.1077, Sahih Muslim:H.2071]

The vessels and dresses prepared or manufactured by
disbelievers are clean, till something impure is confirmed onto them.
[Kashaf-ul-Qina’a: vol.1, p.48]

Ali bin Abu Talib (May Allah be pleased with him)
reported that Ukaydir of Dumat-ul-Jjandal gifted a silk dress or cloth to the
Allah’s Apostle (May Allah shower His blessings and peace on him) and he gifted
it to me for my wives.[Musnad Imam Ahmad:H.1077, Sahih Muslim:H.2071]

[7] It is a general rule in Madhab, if
impurity of something is not known, that thing will be considered clean, whether
it is water, skin or cloth, floor or vessel etc.

[8] MAYTAH : The animal,
that is allowed to eat for Muslims,  if
was  not slaughtered properly and has
lost its life naturally or accidentally, is known as Maytah (carrion).While a
forbidden animal is considered Maytah, after its death, even
if it is slaughtered. [Al-Mughni: P. 55-59]

The bone, horn, nail, hoof, tendon and skin of the
dead animal are considered filth in the Madhahb.This ruling is based on the following verse. Allah Almighty said:

“Prohibited to you are dead
animals, blood, the flesh of swine, and that which has been dedicated to other
than Allah , and [those animals] killed by strangling or by a violent blow or
by a head-long fall or by the goring of horns, and those from which a wild
animal has eaten, except what you [are able to] slaughter [before its death],
and those which are sacrificed on stone altars, and [prohibited is] that you
seek decision through divining arrows. That is grave disobedience. This day
those who disbelieve have despaired of [defeating] your religion; so fear them
not, but fear Me. This day I have perfected for you your religion and completed
My favour upon you and have approved for you Islam as religion. But whoever is
forced by severe hunger with no inclination to sin - then indeed, Allah is
Forgiving and Merciful.” [5:3]

Remember that it has been proved scientifically
that bones are not dead in the life of animal (as some scholars believe), but
they receive blood and nourish on the nutrients provided in the blood.
(Wikipedia)

Allah Almighty said:

“And he presents for Us an
example and forgets his [own] creation. He says, ‘Who will give life to bones
while they are disintegrated?’ Say, ‘He will give them life who produced them
the first time; and He is, of all creation, Knowing.” [36:78-79]

A consensus of
scholars has been established that the skin, flesh and tendons of a dead animal
are filthy. [Al-Mughni: P. 55-59]

[9] TANNING:
The official view of Hanbali Madhab states that skin of a dead animal can not
be purified by tanning.

[Al-Furoo:vol.1, p.109, Kashaf-ul-Qina’a: vol.1, p.49,
Al-Insaf:vol.1, p.86, Manarus Sabeel, vol.1, p.32]

Some scholars claimed that it is not Imam Ahmad’s
official position but his real view is contrary to this view. This claim is not
acceptable, because all of Imam Ahmad’s pupils, including Abdullah bin Ahmad,
Salih bin Ahmad, Hanbal bin Ishaq, Abu Bakr Al-Athram, Ishaq bin Ibrahim, Abu
Al-Saqr, Ibni Mansoor etc  reported the
former view as Qadhi Abu Ya’ala stated.[Al-Masayel Al-Fiqhiyah:vol.1, p.66]

The argument of the official view is derived
from the aforementioned verse of Surah Al-Mayedah (5:3). Allah Almighty
described no exception for tanned skin. The Hadith of Maymoonah (May Allah be
pleased with her), that is presented in this regard does not mention
purification by tanning, but allows use of dead skin in certain cases. Imam
Ahmad (May Allah shower His mercy on him) said about aforementioned Hadith:

“Younus, Ma’amar and Malik did not mention
tanning, so to me, no Hadith with mention of tanning is Sahih (authentic).

[Masayel Imam Ahmad by Salih:p.302,  Masayel Imam Ahmad by Ishaq bin Ibrahim
Al-Harabi:p.22]

So Hadiths with this weakness (discovered by
Imam Ahmad) are not able to specify the general argument of the Holy Quran.

Moreover, Maytah
(dead animal) is Najasah Ayniyah
(Physical Filth) that cannot be purified at all like dungs of forbidden
animals.

On the other hand there are Sahih Hadiths that
contradict the Hadith of Maymoonah (May Allah be pleased with her).

Abdullah bin Ukaym Al-Juhni (May Allah be
pleased with him) reported: “When we lived in land of Juhaynah and I was a
young boy, the Prophet’s letter came to us before one or two months earlier
than his death, (with this commandment), ‘Don’t benefit from skin and tendon of
the dead animals.”

[Musnad Imam Ahmad:H.18987, 18990-18992, Sunan Abu
Dawood: H.4127, Jami At-Tirmidhi:H.1729, Sunan Ibni Majah:H.3613, Sahih Ibni
Hibban:H.1278]

Imam Ahmad declared this Hadith more reliable than the
Hadith of Maymoonah
(May Allah be pleased with her), as mentioned before. Nasir-ud-Deen Al-Albani
declared this Hadith Sahih. (Al-Irwa Al-Ghaleel:vol.1, p.76]

It is notable that Imam Ahmad’s stance does not depend
on this Hadith but on the Holy Quran. So his position is stronger than those
who declare tanning a way of purification for dead skin.

[10] Hair, wool and feathers of a dead animal,
that was considered clean in its life, like goat, sheep, pigeon, cat and rat,
are clean.

[11] Though this ruling is general and
applicable to all the times, but it is strongly recommended at night before
going to bed.

Jabir bin Abdullah Al-Ansari (May Allah be pleased with
him) reported that the Messenger of Allah (May Allah shower His blessings and
peace on him) said: “Cover up the utensils and fasten the water-skins.”

[Musnad Imam Ahmad:H.15234,   Sahih Bukhari: H.3316, Sahih Muslim: H.2012,
Sahih Ibni Hibban:H.1272, 1276, Sahih Ibni Khuzaimah:H.131 ]