Sunday, April 29, 2007

Re: [fiqh-hanafi:1] halal and haram


Although the scholars in their majority have said that seafood is allowed as long as it is considered fish, there is a difference of opinion regarding prawns, shrimps etc. I have been approached by a person who said that hanafis are not allowed to eat prawns. is this true?

Some scholars considered all seafood halal, since it is mentioned in Qur'aan that the sea's harvest is halal [Suurah Al-Maa'idah 96].

According to Ĥanafiys this is not absolute, but restricted by:
Suurah al-'a3raaf 157 which says we cannot eat kħabaa'itħ, which could perhaps be translated as "vile things". They interpreted this in terms of aquatic animals as "other than fish" (samak). Also, the Prophet (may Allah raise his rank) forbade killing frogs (Ahmad, Al-Bayhaqiy, Abuu Daawuud, etc.), so its forbidden to eat it. Frogs are aquatic animals, and this shows that not all aquatic animals can be eaten. Moreover, he forbade eating what has not been slaughtered except fish and locust (Ahmad, Shaafi3i, Ibn Maajah). Thus aquatic animals other than fish are not allowed to eat - although they are not najis. Non-Hanafiys attacked the above ĥadiitħs; it comes back to the methodological questions of when it is allowed to go by a ĥadiith that has some weaknesses. Ĥanafiys consider ĥadiitħs that have been deemed acceptable by at least one major Hadiitħ Master (Ĥaafiţĥ), as acceptable, provided that the Ĥaafiţĥ is not considered to be easy going in his criticism of narrators. Al-Tirmidħiy is considered easy going, for example, and so is Al-Haakim in his Al-Mustadrak.

Note that a "Ĥanafiy" is a person who has deep and wide knowledge of the school and its evidences. I.e. someone who is convinced that his school is the most likely to be correct. People who are not at that level are simply required to follow a mujtahid, and most of them allowed all seafood, such as shrimp, crab and oyster. 


2) In sahih muslim i have read that the noble prophet, may Allah raise his rank, said that the use of khamr (a form of alcohol) is not permissible to make vinegar. having considered this the issue of spirit vinegar confuses me. Spirit Vinegar is made by using alcohol to start with and during the process there is a doubt that there is some residual alcohol left. If this is the case then would this form of vinegar as well as any form that used alcoholic drink to start with be considered haram? some scholars have stated that all types of vinegar are permissible. please clarify

Vinegar is Ĥalaal, permissible to buy, sell and consume. I don't know of any scholarly disagreement on this issue, except that Al-Sħaafiˆiy had some reservations regarding vinegar that has been made by adding something to wine to make it turn into vinegar.


3) When a husband and wife have sexual relations, the ejaculated fluid remains inside the wife sometimes for a few hours. during this time is she considered clean (once she has had the obligatory bath)? When she has had the obligatory bath and the fluid is then discharged does she then need to have another bath to cleanse herself?

Answer: If she had an orgasm then she has to repeat the ghusl and the prayer, because the semen will be a mix of his and her semen. If she did not have an orgasm, then it is his semen, not hers, so there is no need to repeat anything.


4) Could you please clarify the situation regarding the correct pronounciation of the Qur'an during salaat. if the recitation is incorrect will this affect the validity of the salaat. I have been to a few different mosques and have noticed that during the last portion of surah fatiha the imam's either pronounce as

"ghairil maghdhubi alaihim waladh-dhwaaalleen"


"ghairil maghzubi alaihim walaz-zwaaalleen"

which of these is correct?  

Answer: I do not fully understand the transcription used above, but there is no "w" sound in "đaalleen". Also if you mean by z in zwaaalleen, the sound z as in "zenith" then this is wrong. Pronouncing "đaalleen" with a w or z as in zenith would invalidate the prayer, because these words are not in the Qur'aan.


if one stands behind an imam who recites incorrectly is that person's salaat accepted?

Answer: It is invalid if the imam pronounces words that are not in the Quran or that changed the meaning of the Quraan.