On 2003-04-18 23:30:24 PST The Cynic (kosongman@n...) wrote: 
 
>[...] 
>Both Rafidah and Abu Abbas are Muslims. One loves and plays with dogs, 
>whereas the other has stated Muslims and dogs do not mix. Who is the liar? 
>Are there different sets of rules for different  Muslims? Or is Abu Abbas a 
>less Muslim than Rafidah?   BTW, during the Iraq war, the TV news carried 
>scenes where dogs seen running and some barking were heard in the 
>background. Apparently, the Iraqis kept dogs. How did they manage to 
>reconcile this with their religion, I wonder. 
 
The quick and simple answer is that there are differences among the  
scholars. The rulings--those which are agreed upon and differed about--are  
best understood by starting with a quick peak at history. 
 
HISTORICAL STAGES 
During the pre-Islamic age of ignorance, Arabs used dogs in general. The  
matter remained this way in the beginning of Islam, so Muslim used dogs  
just as they were accustomed to using them before Islam. They continued  
doing so after the Hijra to Medina, and until the Prophet (Allah bless him  
and give him peace) prohibited it.  The reason for this prohibition is  
mentioned in the Sahih of Imam Muslim bin Al-Hajjaj Al-Naysaburi, on the  
authority of Mother Of the Faithful Maymunah (Allah be well pleased with  
her), that the Prophet (Allah bless him and give him peace) woke up with  
morning when he was with her and he (Allah bless him and give him peace)  
was despondent: 
 
<<I said to him, I disapprove of your manner today. He said, Jibreal (peace  
be upon him) promised me that he would come to me today, and he did not. By  
Allah, he would never break [his word] with me! So he (Allah bless him and  
give him peace) spent the rest of the day this way, and then it occurred to  
him that there was a puppy underneath a fustat we had, so he ordered that  
it be taken out. Then he took water in his hand and sprinkled the water  
where the puppy had been. That night he (Allah bless him and give him  
peace) met Jibreal (peace be upon him) and he said to the Messenger of  
Allah (Allah bless him and give him peace), I made a promise to visit you  
yesterday? He replied, Yes. [Jibreal said,] But we [angels] do not enter a  
house containing a dog or an image. In the morning he (Allah bless him and  
give him peace) ordered for dogs to be killed immediately. He even ordered  
that  small dogs of small orchards be killed and that large dogs of large  
orchards be left alone.>> 
 
Abu Dawud mentioned that the dog belonged to Hasan or Al-Hussein, and that  
it was underneath a small dresser that they had. 
 
The order to kill dogs did not continue, rather it was abrogated just as  
Imam Muslim reports on the authority of Abd Allah bin Mughaffal (Allah be  
pleased with him): 
 
<<The Messenger of Allah (Allah bless him and give him peace) ordered that  
dogs be killed. Then he (Allah bless him and give him peace) said, ma  
baluhum wa bal al-kilab?Then he made a leniency for dogs used for hunting  
and herding sheep and said, If a dog laps in a bowl, wash it seven times  
and in the eighth time sprinkle it with dirt.>> 
 
  And Imam Muslim narrated on the authority of Jabir bin Abd Allah (Allah  
be pleased with them both) that he said: 
 
<<The Messenger of Allah (Allah bless him and give him peace) ordered that  
dogs be killed. Even if a woman would come from the desert with a dog, we  
would kill it. Then he (Allah bless him and give him peace) prohibited  
killing them, and said, Be wary of a completely black [dog], since it is  
Shaytan.>> 
 
So, the order to kill dogs was general and the leniency was for some dogs,  
and there was an order for what to do with what a dog lapped out of. 
 
REASONS PERMITTING DOGS TO BE USED 
The four Imams agree that it is permissible [mubah] to acquire dogs for  
hunting, herding, and guarding agriculture. 
 
Their evidence for this is what the two Sheikhs Imam Abu Abd Allah  
Al-Bukhari and Imam Muslim narrated on the authority of Abd Allah bin Omar  
(Allah be pleased with them both) that he said: 
 
<<I heard the Messenger of Allah (Allah bless him and give him peace) say:  
Whoever acquires a dog--except a dog for agriculture or herding--each day  
qiratan will be removed from his reward.>> 
 
And Imam Muslim said: 
 
<<Abu Hurayra (Allah be pleased with him) said, &or a dog for agriculture  
while he is a farmer.>> 
 
This hadith is universal, encompassing all dogs except for the mentioned  
purposes, since the word whoever[man] indicates universality. Rewards being  
removed indicates prohibition, and the root meaning of prohibition is it  
being unlawful [tahrim]. However, some of the scholars said that the  
prohibition here indicates offensiveness [karahah] since the reward reduces  
a bit at a time, and if it was unlawful it would go all at once. So the  
meaning is that it is not permissible to acquire a dog except for someone  
who acquired it to guard his agriculture, herd or to hunt with it. 
 
The Hanafis, Malikis and Shafis add acquiring a dog to guard alleys and  
houses, while the Hanbalis prohibited it. 
 
The evidence for the ones who allow it is that it is analogous to the types  
that were removed in the previous hadith, since guarding houses has the  
same meaning. 
 
The evidence for the ones who prohibit is that making it analogous to those  
types permits what the textual evidence includes as being unlawful, and  
that guarding houses does not have the same meaning since a thief could  
spoof the dog by getting him to leave the house and then steal the goods,  
and because acquiring it for houses harms passers-by in contrast to the desert. 
 
As for acquiring dogs for a reason not mentioned above, the Malikis said  
that it is offensive when the dog is not aggressive, and that aggressive  
dogs are unlawful. Imam Al-Nawawi mentions that one of the reasons for  
which it is not permissible to take a dog is being awed by its appearance.  
Ibn Muflih mentions that it is offensive to acquire a dog for the sake of  
entertainment or play. 
 
The Malikis consider it unlawful to acquire dogs inside the house without  
there being a permissible reason, whether in cities or the desert. 
 
The majority of Shafiis and Hanbalis said that it is permissible to raise  
puppies for one of the reasons for which it is permissible to acquire them. 
 
Their evidence for this is that it is not permissible to acquire a dog  
unless it is trained, and it cannot become trained except by training it  
and acquiring it during the time it is trained, and something that is a  
condition for something else takes its ruling. And Allah Most High has  
said, (Al-Maidah 4), and there is no such thing as a trained dog without  
training. 
 
The evidence of those who prohibit it is that the leniency is only  
mentioned concerning three. 
 
-- 
Musa Furber 
musaf@r... 
245