rule is: any change in the substance entails change in its ruling’.
The Hanafi Position
In vol. 1,
page 314, Hashiya ibn Abedin, Radd al Muhtar ala ad-durr al Mukhtar, a standard Hanafi fiqh text book, written by Muhammad
Ala’a al Deen Al Hasafki, there are more than thirty purifying things mentioned by Al Hasafki (rendered into a poetry
form to make it easy to memorize) . In one line he said, ‘and change of substance" .
Ibn Abedin said, "the swine
which drowns in a salt lake, after decomposition, becomes salt and thus halal". Ibn Abedin based his comments on the saying
of Al Hasafki regarding the manufacturing of vinegar made from wine. "According to the principle of change of substance, vinegar
made of wine is lawful".
He then went on to say, "Vinegar made by mixing wine with water, according to the correct
opinion, is pure"
One page 315, Al Hasafki has said that "soap made from impure oil is pure and can be used. Ibn Abedin,
commenting on this said, "This is an example of change of substance". he then went on to quote a statement issued by Al Mugtaba
which reinforced Al Hasafki’s view that pure soap could be derived from oil that was not pure. A similar position was
reflected by Muhammad ibn Al Hasan, the second great pupil of Abu Hanifa.
According to Ibn Abedin, the fat of a dead
animal, used to make soap is subject to the same conditions. The expression used was impure (najas) as opposed to mutanajjis
which means to make impure. However, oil is usually used in preference to other fatty substances. However, reading Al Munyah,
I found an explanation which supports the first view, he states, "If a man or dog falls into the container in which soap is
being made, it remains pure".
Ibn Abedin goes on to say, "Know that a compound is deemed pure, according to Muhammad
ibn Al Hasan, from the rule which allows for change of substance". In addition, he adds that any product or substance, not
only soap, can also be judged pure on account of its widespread use.
One page 326, on the subject of change of substance,
as if to reinforce the point, al Hasafki says that dust and smoke particles rising from burnt human or animal excrement cannot
be judged impure. If it were, he says, then we would be forbidden to eat bread baked on fires in which such impurities were
used as fuel. The same can be said for salt filtered from animal-contaminated lakes.
This, concludes Ibn Abedin, is
how any product or substance is judged to be pure or otherwise. Muhammad Al Dakhira, Al Muhit and Abu Hanifa are all of the
same opinion. Other shaikhs choose to follow this ruling as well. This is the chosen rule for the Shar’iah ruled that
these things were impure in their nature. The
reality of a thing changes with the change of some of its implied parts,
not to mention all of them. Salt is totally different from meat and bones. If they become salt, they are salt. What is similar
to that in the Shar’iah is the life-germ (sperm), the beginning of human life. From a Hanafi point of view it is impure,
then it is turned into a clot, it is still impure, then it becomes a lump of flesh and at this point it becomes pure.
same goes for wine juice. it is pure, when it becomes wine it becomes impure, but when it turns to vinegar, it becomes pure.
This is as far as the Hanafi school is concerned.
The Hanbali position
The Hanbali school’s attitude
is quite different. In al Mughni by Ibn Qudamah, a Hanbali standard book, in the book of purity, section on utensils, he writes:
‘No impure thing could turn into pure as a result of the change in its substance except wine when it changes by itself
But it could be deduced that all impure things become pure as a result of the change of its nature,
analogous to the change of wine to vinegar is the skin of a dead animal when tanned and the domestic, edible birds and animal
which eat excretion.
The Dhaahiri - Literalist position
According to the Literalist School: Ibn Hazm, the
exponent of the Literalist school wrote in his manual (Al Muhalla) volume 1, page 166, problem no. 132: ‘If the excretion
of the animal is burnt down or changed and becomes ashes or dust, all that becomes pure and can be used for tayammum (earth
purification) . The proof of that is the fact that rules are in accordance with what Allah Most High, has ruled regarding
the objects in what the object is named. If the name of the object is changed or dropped, the previous rule is dropped as
well. It is something from that which Allah has named’. As such, excretion is different from dust, as it is different
from ashes. The same thing with wine which is different from vinegar and human being is different from the blood from which
he is created. The dead thing is different from dust or ashes.
In problem 136, page 178, he goes on to say: ‘If
the quality of the substance of naturally impure object changes the name which was given to it so that it is no more applicable
to it and it is given a new name which is given to a pure object, so it is no more an impure thing. It becomes a new object,
with a new rule.
The same thing is true of a pure thing changing into impure thing such as juice becoming wine or the
wine becoming vinegar. The pork flesh eaten by a chicken and becoming a chicken flesh. It is halal. The water becoming wine
or the food turning into excretion, the excretion and the wine used as fertilizer or becoming a fruit and so many other things.
The basis of all these is the Qur’anic verse:
‘And surely there is a lesson for you
in the cattle we give you to drink of what is in their bellies from between the faeces and blood, pure milk, wholesome to
those who drink it’ (16-66)
Allah Most High, considers it one of the favours He bestowed upon people that a healthy
pure animal product comes out of these impure things.
Gathered from various sources.