Bismillahi wa salaatu wa salaamu 'alaa rasulillah,
(Taken entirely from a dars given by Sh. Muhammad Bazmool, translated by Moosa Richardson and a fatwa given by Sh. al-Albaani)
Istihala is when something becomes pure. It was najis (impure) but it is now taahir (pure). A good example would be maitah (animal carcass): it is najis, but should it be burned and become ashes, or decompose and become earth, then it is taahir, it is no longer najis. This can happen with dung or feces or whatever. Whenever something changes from one property to another, then the ruling likewise changes.
Example: Let us say that someone uses the fat of a dead animal to make soap. That fat is najis, but the chemical change that it was put through makes it taahir.
Ibn Hazm put it concisely when he said,
"Ruling upon an object is upon what it is named (what it is), if the name (what it is) changes then so does the ruling."
He also mentioned in his book of fiqh, Al-Muhalla: "If the quality of the substance of naturally impure objects 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."
Meaning that if the natural composition of a substance changes to another substance of a different composition, so much so that you can no longer call the new substance by the name of what it was-- ruling upon that substance changes too.
Proof/Example 1:
The companions (radyallahu anhum) used to eat a cheese that came from the land of the disbelievers. In that cheese was a part of the calf which was slaughtered by the disbelievers in a way that is not in accordance with Islaam. The companions knew this, but they also knew that the prohibition was upon the calf, what is directly from the calf, and what could be properly called part of the calf; the ruling is not upon that which you cannot identify as part of the calf nor is it called any longer such-and-such part of the calf. This is called istihala.
Proof/Example 2:
Another proof from the Sunnah: The Prophet (sallallahu 'alayhi wa sallam) forbade making vinegar out of wine, but he said that if you should come across vinegar that has been made from wine then it is halaal.
Why?
The ruling is upon what the object is, and not what it was. Wine is haraam; vinegar is not, and before the wine became an intoxicant, it was halaal. Why? Because it was fruit before that.
Proof/Example 3:
Allah says in the Qur'an:
"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 feces and blood, pure milk, wholesome to those who drink it." (16:66)
Allah is putting forth an example for us of how something pure can come from something impure.
And we can also use as proof something that we've already gone over. The Prophet (sallallahu 'alayhi wa sallam) said that when the hide of maitah (the carrion) is tanned, then it is taahir. He (sallallahu 'alayhi wa sallam) gave us a method to purify something which was first impure.
Let us examine things we are familiar with: mono and diglycerides, whey, gluten, emulsifiers, gelatin, and whatever else is on the international haraam list. These by-products sometimes come from animals, pigs even, in which case the ruling on the initial substances is that they are haraam. But the initial substances (e.g. fat, marrow, cartilage, etc.) are put through chemical change so that you no longer can even call it "pig fat" or "animal bone" or "skin" or "cartilage", etc. because it is no longer that, hence it is taahir, it is halaal.
What is gelatin? As Oxford dictionary of science defines: "A colorless or pale yellow, water-soluble protein obtained by boiling collagen with water and evaporating the solution. It melts when water is added and dissolves in hot water to form a solution that sets to a gel on cooling." (page 290)
Is this a chemical change or is this not a chemical change? Is it protein any longer? No, it is not.
You are in disbelief so you ask, "But how can it be halaal when it came from something haraam?"
Because of the proofs mentioned above, the ruling is not based upon what it was, the ruling is based upon what it is. A Hanafi scholar, Ibn Abedin gave the example: "the swine which drowns in a salt lake and decomposes and becomes salt itself, is now halaal."
And other Hanafi scholars go on to say: "salt is different from meat and bones. If they become salt, they are salt."
To take the salt example further: salt consists of sodium chloride (NaCl) when together they are the halaal food known as salt, when separated they make up two poisonous substances which are then haraam for consumption.
The ahnaaf (Hanafis) also use as an example the human semen, saying that it is najis, then when it inseminates the egg and becomes a blood clot it is still najis, but when it becomes flesh it is no longer najis. And the ahnaaf are not the only ones who take this position.
The examples are numerous and they extend beyond food: Yesterday a man was kaafir and going towards Hell, today he is Muslim, so what is the ruling upon him? It is based upon what he is today.
We must be careful when we call things haraam because it is a form of thulm (oppression). Scholars have said that it is worse that you make something halaal to haraam rather than making something haraam to halaal. This deen Allah has made yusr (easy) let us not make it 'usr (hard). Wallahu 'Alim.
Sunday, April 17, 2011
Useful ruling on Gelatin
Wednesday, December 15, 2010
"The meaning has changed for me"
Sunday, October 24, 2010
It has been a while
Saturday, July 24, 2010
Help a Sister in need
One of my blogging friends has started a 'chip in' campaign to help a sister and her 5 kids. Please follow this link and read the story and give what you can. Inshallah every little bit counts. Sometimes we just need a little boost to get us through the tough times.
Help A Sister in Need
Wednesday, July 21, 2010
Abayas, black henna and what ever else comes to mind
A few months ago in my Friday class the question came up about the proper clothing for Muslim women. Now don't roll your eyes! It is a constant struggle for some of us, and something that needs to be addressed. The question was "do we have to wear an abaya?". The instructor then quoted the following ayat:
And as for women past child-bearing who do not expect wed-lock, it is no sin on them if thy discard their outer clothing in such a way as not to show their adornment. But to refrain is better for them. And Allah is the All Hearer, All Knower. 24:60
She went on to explain that this ayat tells us that when we are out of the house that we have to wear an over garment that can only be cast off when we are past the age of child bearing, but that it is better to keep it on. Now lets ask ourselves a question. if we are not wearing something abaya like, what are we casting off? If we are wearing pants and a long shirt, what is under there when we 'cast them off'? How about salwar kameez? What is under there? Now a lot of sisters will say 'I'm not Arab, why should I wear something Arab??". The truth is... if it fits the requirement of an over garment, who cares what it is called. If you want to wear a giant sheet loosely wrapped around you, go for it. But its got to cover your 'inner clothes' and it can't be tight, transparent or short. So it became clear to me that most western clothes are not appropriate for wearing out in public. I'll start to brace myself for the storm of comments that will be coming my way over this one.
So moving on... the next thing I wanted to write about is black henna. You may, or may not know that I do henna as a little side business. I recently have been getting inquiries about doing bridal henna. This past weekend I went on a bridal consultation, and the sister asked me for the 'black henna'. For those of you that do not know, there is no such thing as black henna. What people call black henna is really just black hair dye made into a paste and put on the skin. It can cause severe burns, permanent scars and health problems. I absolutely refuse to use this death paste. Usually darker skinned sisters want this done because they say that natural henna won't show up (which it will). I calmly explained that I don't do black henna and why. She said that she had it done before and nothing happened. I calmly told her that it may not burn your skin, but it is getting into your bloodstream and causing problems. She didn't care... it was her 'big day' and she wanted it to show up. She called her sister and she came over to talk to me. She said that natural henna only lasts 3 days. I showed them what I had on my own palm and said that it had been there for 7 days and it was still dark. Her sister said it again. The bride to be said perhaps we can do a test on her before the wedding to see if it shows up. I agree, and we set a date and time to do the test. Her sister keeps going on about it not lasting. At that point I said, do you realize that as a Muslim if you knowingly do something dangerous like black henna that it could be considered a sin? Blank stare. Again, she said it was her big day. And for a final time her sister said that natural henna lasted only 3 days. I finally said, perhaps we should not do this at all. You seem to think I'm lying to you about the henna on my own hand. Oh no! they said, apologies galore. We part ways, agreeing on the date of the test. The night before the test I call to confirm and she tells me that she found someone to do black henna. Sigh. After all of the warnings and even bringing up that it could be sinful, she just didn't care. I guess its best that I didn't do it... she never would have been happy.
So I guess that is it for now, I'm all blogged out. May Allah swt keep us safe and on his straight path.