Ijtihad Network Being Wise and Faithful Muslim in the Contemporary World
The relation between man and animal is a bilateral one; i.e. if man is granted the right – albeit limited – to utilize animals, the animal – in turn – has rights that man is obliged to observe (as his responsibility) that in case he does not, he will lose his right of utilization.
The Commander of the Faithful Imam ‘Ali (A.S.) says in this respect:
Be wary of Allah concerning His servants and His lands, because you are responsible even for the places and beasts.[1]
The duty and responsibility of man towards animals can be summarized in the following proposition: It is incumbent upon the owner of the living creatures to do whatever is in their interest.[2]
The necessity of acting in the interest of the animals can be well understood from the following words of the Holy Prophet (S.A.W.):
‘A’isha is quoted as saying, “I went out of the house and saw the Holy Prophet (S.A.W.) was wiping his horse’s back with his clothes, I said, ‘May my father and mother be your ransom! Are you cleaning the back of the horse with your clothes? He said, ‘Yes O ‘A’isha! You do not know. Maybe My Lord has commanded this to me. Besides, I am near and the angels call me to account for keeping the horse and cleaning it.’ I said, ‘O Apostle of Allah! Assign me to this; let me be the one who takes care of it.’ He said, ‘I will not do so. My friend, Gabriel, informed me that the Exalted Allah will reward me for every single grain that I give it and erases a sin from me for every single grain that I give it. There is no Muslim taking care of a horse in the way of Allah except that he will receive reward and his sins will be erased for every grain that he gives it.[3]
In Islamic jurisprudence, provision for the needs of the living creatures is referred to as nafaqa (maintenance). Paying maintenance becomes obligatory for man for three reasons: marriage, kinship, and ownership. Accordingly, in case a human being owns an animal, he is obliged to provide for various needs of his animal such as food, clothing, dwelling, medicine, and medical treatment.[4]
- Providing Foodstuffs
The All-knowing and Almighty Allah has created the nature in such a way that it readily provides for the needs of all creatures for foodstuffs. Thus, viewing man and animal as equal [in their physiological needs], the Holy Qur’an stresses that Almighty Allah undertakes to provide for their food.
﴾ How many an animal there is that does not carry its own provision. Allah provides for it, and for you, and He is the All-hearing, the All-knowing.﴿[5]
Therefore, the first and the foremost duty of man as the God’s vicegerent on earth is to provide food and water for the animals that he is taking care of without there being any difference between various animal species in this rule.[6] However, once he is not capable of this undertaking, he should not take on the responsibility of keeping animals.
This responsibility is of such importance in the Islamic legal system that the jurists consider fulfilling it as necessary even if the animal is not able to use the food and water[7] due to old age or is passing its last moments of life and thus giving it food and water does not make any difference in sustaining its life.[8]
As it is implied from the religious sources, fulfilling this responsibility is associated with the spiritual status and divine veneration of the animal.[9]
Concerning this association, Shaykh al-Tusi wrote:
Whenever you own an animal, it is incumbent upon you to provide for its food, whether its meat is eatable or not; there is also no difference between birds and non-birds, because animals are revered.[10]
The existence of such a relation between divine veneration of animals and the necessity of providing for their food has led to the fact that providing for the animals’ food needs is regarded as benevolent from the Islamic point of view that if it is for gaining divine pleasure, it will bring reward in the world Hereafter, as well.[11]
Whoever provides for the horse’s expenses for the sake of Allah is like a person who has always been open-handed for giving alms.[12]
Whoever takes care of a horse for the sake of Allah, the feeding and giving water to it and cleaning its place will all be counted as his good deeds on the Resurrection Day.[13]
The benevolence of providing food for the animals will have two consequences:
First: the Muslims by endowing all or part of their properties can provide for food expenses for a special kind of animals or any animal needing food as it desires.[14]
Second: fulfilling the food needs of animals was considered a moral issue, without needing there to be an ownership relation between man and the animal so that he has to fulfill its food needs; rather, man can give food and water to the animals that he is not an owner of, too.
While passing by the sea, Jesus son of Mary threw a piece of bread that was his own meal into water. Some of his companions told him, “O Spirit of God! Why did you do so? That piece of bread was your meal.” Jesus (A.S.) answered, “I did so for one of the aquatic creatures to eat it; such an act has a great reward with God.”[15]
Imam al-Sajjad (A.S.) would constantly say, “I do not cultivate to benefit; rather, I cultivate so that the poor or a bird, especially a lark, may eat from it.”[16]
The sacredness of this act would become more manifested when we know that according to the Islamic teachings man first has to provide food for the animals then proceed to supply food for himself.[17]
Although fulfilling animals’ food needs includes giving water to them too, in Islamic sources special emphasis has been placed on giving water to the living creatures and quenching their thirst, including the animals.
In this respect, Imam al-Baqir (A.S.) said:
Allah, the Blessed and the Exalted, likes the quenching of a thirsty liver. Whoever quenches a thirsty one – whether an animal or non-animal – God will place him/her in the shade of His mercy on the Day of Resurrection.[18]
Irrespective of the moral aspect of this act, whoever owns an animal is obliged to provide sufficient food and water for it. This duty can be performed in the following two direct and indirect ways:
In the first way, the owner or the caretaker of the animal provides the food and water for the animal and gives it to it; in the second way, however, he provides a chance for the animal so that it can get its food and water directly from the nature.[19]
The above can be implied from the advice that the Commander of the Faithful Imam ‘Ali (A.S.) gave her daughter, Umm Kulthum, in the last night of his life:
… then he entered the house, and there were some geese in the house that my brother Husayn (A.S.) had given to me as a gift. When he sat down, the geese gathered around him, flapping their wings and making noise in front of him, which they had not done before… Then he said, “My daughter! By the right I have upon you, release them, because you are keeping what neither have tongue nor are able to talk when they are hungry and thirsty. Give them food and water, otherwise set them free to eat from the plants on the ground.”[20]
Obviously, using the indirect method, like taking the animals to the pasture, may release man from duty (lapse of duty) only when, on the one hand, there is enough water and food in nature for the animal to use, and on the other hand, the animal’s health and safety would not be at risk. Otherwise, the owner or the caretaker has to provide for the animals’ provision directly.[21]
Every quadruped has six rights upon its owner: …when he dismounts it, he should first give it fodder… Whenever he passes by water, he should let it drink water.[22]
Such a duty for man when taking care of and utilizing animals has prompted Muslim legal experts to generalize this notion to insects and proclaim that the beekeepers are also required not to collect all the honey in the hives and leave out some honey for the bees to use. Similarly, the silkworm owners are obliged to prepare and provide enough mulberry leaves for the worms to eat.[23]
Accordingly, if the owner is unable to normally fulfill his duty, he is permitted to use other methods to carry out this task. For this reason, if the owner or the caretaker cannot provide fodder for his animal by means of paying or without paying for it, he will be permitted – in order to support the animal’s life and health – to supply food for his animal from the fodder that is at someone else’s disposal without asking permission from the owner (usurpation); and then compensate for the loss when the situation is normalized.[24]
On the other hand, in case the owner refuses to provide fodder for his animal while he can afford it, the government or a supporting organization would force him to carry out his duty. However, if he is not financially able to pay for it or forcing him to do so does not work out, depending on the circumstances, the expenses can be paid for from the state’s public budget or the ownership of the animal transferred to a qualified person to protect its life and safety.[25]
It is worth mentioning that in the legal sources three issues have been referred to for proving the necessity of providing the animal’s fodder by its owner as well as for putting him under pressure in case of refusal: 1. the status of the animal’s soul 2. avoidance of abusing the animal, and 3. punishment in the world Hereafter in case of not avoiding it.[26]
The Holy Prophet (S.A.W.) said, “The night I ascended to the mi‘raj, I saw a woman in fire. I asked for the reason, it was said, ‘she had tied up a cat without giving it water and food and would not let it go so that it would eat insects of land until it died. That was why God punished her’.”[27]
While the Apostle of Allah (S.A.W.) was performing ablution, a cat entered his house. He noticed that the cat was thirsty, he set the water container for it to drink, and then he performed his ablution with the remainder of the water.[28]
The Apostle of Allah (S.A.W.) passed by a camel whose belly was stuck to his backbone due to excessive thirst. He said, “Be wary of God in respect to these beasts, ride them decently, and use their meat decently.”[29]
Why are you not wary of God concerning the right of the animal whose ownership He has given to you? It complained to me that you have left it hungry and made it used to it.[30]
Where is the owner of this animal? Why do you not wary God concerning its right? Either give it fodder, or let it go find food by itself.[31]
The Holy Prophet (S.A.W.) said, “There is no beast except that every morning it prays to God as follows: Grant me a good owner who relieves my hunger and thirst by food and water, one who does not burden beyond my endurance.[32]
With such an attitude, provision of the animal’s food and water is not merely restricted to a time when there is possibility of utilizing it; rather, this duty is still to be done even when the animal is disabled.[33]
One day I was sitting with the Holy Prophet (S.A.W.), suddenly a camel slowly came over and sat down before us, starting to cry. He told me, “Woe on you! See who the owner of the camel is? It has some problem.” I left the house, looking for the owner of the camel, until I found out it belonged to a man from among the Ansar. I called him to the Holy Prophet (S.A.W.). He told the man, “What is the problem with your camel?” The man asked, “What problem? By God, I do not know what its problem is. I used to carry loads and do irrigation with it. When it got disabled to irrigate, I decided yesterday to kill it and distribute the meat.” The Prophet said, “Do not do that. Give it or sell it to me.” The man said, “O Apostle of Allah (S.A.W.)! It is yours.” The Holy Prophet (S.A.W.) marked it as charity and set it free.[34]
1.1. The Quality of the Provisions: In providing the animal with food and water, care must be taken of the animal’s physical well-being and spiritual status, as well. Accordingly, it is not upright (it is aversive) to give animals wine or any intoxicating (alcoholic) drinks or feed it with foods that are not permissible (lawful) for man to eat.[35]
The most important reason the Shi‘a jurisprudents present for proving the aversion (kirahat) and not unlawfulness (hurmat) of this action is the content of two traditions narrated by Abu Basir and Ghiyath b. Ibrahim[36] as well as the fact that animals are not religiously accountable.[37] However, like Qadhi b. Barraj and Ibn Najim Misri, we too can claim that such an action is unlawful (haram) and not permissible.[38] Because, although animals are not religiously accountable (mukallaf), if we accept that using alcoholic drinks and unhealthy foods is as harmful to animals as they are to human beings, then man does not have the right to knowingly inflict physical damage to animals just as he does not have the right to do so to a child who is not legally accountable.[39]
It is in this respect that for proving this theory we can rely on traditions, the content of which concerns the impermissibility of using alcoholic drinks for treatment of all people, including children and animals.[40]
Therefore, it is not unlikely to be able to interpret the term kirahat (aversion) used in the two traditions of Ghiyath and Abu Basir by its literal meaning and not its technical sense and imply unlawfulness of the action from the context of those traditions.[41]
1.2. The Provision Rate: Although in legal sources no specific rate and amount is determined for man in providing the animal’s provision, two issues need to be taken into consideration:
First: the provision supplied for the animal has to (sufficiently) fulfill its food needs, so the least amount cannot be deemed as sufficient and feed it just enough to keep it alive.[42] Second: the amount of food the animal needs is varied depending on various conditions of time and place; so, a certain quantity of food cannot be content with at various times such as sickness, pregnancy, breastfeeding, reproduction, etc. so that moving animals from one climatic location to another would in itself cause changes in the dietary type and amount of food they consume.
It was in consideration of these two aspects that the Holy Prophet (S.A.W.) protested to the people who had overloaded a camel and reduced the amount of its food; taking this to be the reason for its disobedience.[43]
Therefore, the animal’s owner is obliged in respect to the two aspects of time and place to provide for his animal’s food needs.
There is no fixed amount for their provision; rather, it is obligatory to provide for whatever the animal requires: food, water, shelter and the similar things that change over different times and places.[44]
- Providing Sanitation
The glorious religion of Islam has given great importance to the sanitation of animals. Hygiene recommendations of Islam concerning animals can be divided into three general categories:
1.2. Hygiene of the Body and Environment: Muslims should not only undertake to clean of the animals they are taking care of but also to keep their living place (stockyard) clean so that a Muslim may be able to perform their most important devotional act, i.e. prayer, there.
The Noble Prophet (S.A.W.) says in this respect:
Clean up the keeping place of sheep and sweep the dust off the place, because the sheep is an animal from Paradise.[45]
Clean the dust off the sheep and you can say prayers in their sleeping place, because sheep are animals from Paradise.[46]
It is implied from examining the Islamic sources that man’s duty in providing hygiene for the animals is not restricted to their individual and environmental hygiene; rather, it includes their food hygiene, as well.
2.2. Food Hygiene: Although to some people the animals’ food hygiene does not seem to be of serious importance, Islam has taken an interest in this issue since the very beginning.
In this respect, the Holy Prophet (S.A.W.) says:
Whoever feeds his horse with cleaned barley, God will record every grain of barley as a good deed (hasana) for him.[47]
2.3. Water Hygiene: When water is exposed to sunshine, it absorbs sunrays and retains them in itself; thus using such water is not advisable and performing ablution (wudhu) with it is aversive due to the damage it can inflict to the body.
In some legal texts, it is asserted that if the criterion for such an ordinance is its likelihood of damage to the human beings and it is assumed that this damage is the same among both man and animals, it can be decreed that quenching the thirst of the animal with such water is inadvisable and aversive (makruh).[48]
- Providing Medication
The one who undertakes to take care of an animal is obliged to proceed to treat the animal when sick and fulfill for its veterinary needs. According to Muslim jurists, medication expenses of animal are among the expenses that the animal’s owners are obliged to pay for (obligatory maintenance).[49]
- Providing Dwelling
Our observations of the wildlife reveal the fact that any living creature, whether aquatic or aerobic, begins to look for a suitable place for sustaining its life as soon as it attains an independent power to live, a place that may provide for its physical and spiritual health and fulfill its various needs.
Although animals in most cases are able to prepare such a desirable place for themselves, when human beings directly undertake their care, they have to positively respond to these animals’ needs and provide a suitable and befitting place;[50] otherwise, they have been negligent and disobeying the Almighty Allah and have committed sin.[51]
The suitability and fittingness of this place has three features in Islamic law as follows:
First, proportionate to the status of the animal: it does not suffice to be merely a shelter and the animals cannot be kept in unsuitable and filthy places on the pretext that they do not understand and are undiscerning.[52]
Second, proportionate to the physical needs of the animal: since the animals are to be kept in conditions in which their health is not endangered, it is essential that their keeping place be such that they are secure from heat and cold.[53]
Third, not jeopardizing human health: although this feature is not much talked about, it is to be noted that the differences in the body structure of man and animal entail various health consequences that not taking care in choosing proper living places for them would lead to pollution of human environment and sometimes illness for human beings. Therefore, it is necessary to choose a living place for the animals that may not jeopardize human physical and psychological health.[54]
As much as the Muslims are obliged to provide suitable dwelling for the animals they take care of, they are also obliged to respect their natural dwelling, as well. That is because, as any kind of human privacy is to be respected and nobody has the right to violate it, the animals’ privacy is also respectful and no living creature, neither man nor animal, has the right to violate it
Thus, a Muslim has to have a measured behavior towards the animals’ environment, not to prepare the way for its pollution or destruction.
1.4. Destroying the Animals’ Environment: the issue of destroying animals’ environment has been discussed in Islamic sources. Besides the traditions that have warned people against destruction of the animals’ environment, the jurists have legally examined this issue, too.[55]
2.4. Polluting the Animals’ Environment: disposing human waste in the animals’ environment is among the indecent behaviors. The Holy Prophet (S.A.W.) has warned against urinating in the holes (juhr) where the animals live,[56] following that, the jurists have also deemed it as indecent (aversive = makruh).[57]
Such an ordinance may have resulted from two reasons: this act, on one hand, can put animals’ life in danger, and on the other, some animals may endanger human health.[58]
Although the term juhr in the Holy Prophet’s (S.A.W.) saying and thaqb (burrow) in the words of the jurists concern the homes of animals that live in holes and burrows or in the crags of mountains, it seems the indecency of this act is not limited to a particular group of animals and encompasses all animals.
The evidence for this claim are the traditions in which the Infallible Imams (A.S.) have prohibited people from urinating in the running and stagnant water. To explain this, they have pointed out that there are [tiny] creatures in water that would be harmed by this; yet it may also have some harm to human beings too.
No one of you should urinate in stagnant water.[59]
The Holy Prophet (S.A.W.) prohibited anyone from urinating in running water except in dire need and said, “Water has inhabitants.”[60]
Man should not splash his urine in the air or in running water; whoever does this and face a problem, should not blame anyone except himself, because some creatures live in the air and water.[61]
Do not urinate in stagnant water; whoever does this and face a problem, should not blame anyone except himself.[62]
Despite the disagreement in legal sources concerning the difference between running and stagnant water, most of the jurists believe that urinating in water is aversive and in stagnant water even more aversive.[63]
Furthermore, although in these traditions the issue brought up concerns urinating in animals’ dwellings, it is to be accepted that with respect to the reason for this ruling, i.e. harming the animals, discharging human excreta in the dwellings of animals is not permissible.[64]
This issue can be well understood from the following saying of the Holy Prophet (S.A.W.) concerning the dwelling of the aquatic creatures:
Water has its inhabitants; do not abuse them by urinating or defecating.[65]
If we accept that polluting the animals’ environment with human waste is an indecent act as it would abuse the animals, the question remains to be answered as to whether by implication from the traditions and trusting the reasons provided in them, we can make the judgment that polluting the animals’ environment using any type of pollutant is aversive, in case it abuses them.
- Respecting Animals’ Status
Being committed to respecting animals is regarded as a principle in adjusting the relationship between human and animal. For this reason, people are not permitted to prepare the ground for offending the animals by mistreating or misusing them.
Although concealing one’s private parts from animals is not obligatory,[66] we should remember to observe courtesy before them in this respect. It is probably for this reason that the Holy Prophet (S.A.W.) dismissed the shepherd of his sheep because he was sitting naked in front of them and said, “We do not hire a person who is not ashamed of God in their private parts.
One day the Holy Prophet (S.A.W.) went to check on his sheep. The shepherd was sitting naked while cleaning his clothes. When he noticed that the Holy Prophet (S.A.W.) was coming, he put on his clothes. The Holy Prophet (S.A.W.) told him, “Go away! We do not need your shepherding.” The shepherd asked, “Why?” the Holy Prophet (S.A.W.) said, “Our family does not employ those who do not observe courtesy in the presence of God and are not ashamed of Him in their private parts.”[67]
Paying attention to such a law in utilizing animals has prompted some Muslim jurists not to permit people to clean off themselves (istinja’) with living animals’ parts such as tail, ear, and wool after releasing faeces, because this action would discredit the status of the animal.[68]
In contrast, a number of jurists – instead of this issue – have only pointed out the general rule that after releasing faeces one cannot clean off with respectful objects,[69] as by accepting the respectfulness of animals, it can be decreed that using living animals’ parts for this purpose is not permissible.
With this explanation, there remains no room for the claim that only abusing animals and not degrading them is unlawful (haram),[70] just as disrespect for the animals’ parts is not permissible, either.[71]
Paying attention to such a status for animals in the Islamic legal system has led to the ruling that when some animals, due to lack of understanding their own situation, perpetrate something that may degrade their status and respect, people are obliged to stop its fulfillment or continuation.
The Commander of the Faithful Imam ‘Ali (A.S.) was passing by a male and female animal engaged in copulating on the way. He turned his face away from them. He was asked, “Why did you do so?” He answered, “It does not behoove them to do such a repulsive act in public; one should hide them in a way that no human being may see that.”[72]
The principle of respectfulness in human-animal relationship is not restricted just to the animals’ living period; it applies to their afterlife, too.
Imam al-Sajjad (A.S.) advised his son to bury in the ground the body of the camel, by which he had several times performed his Hajj pilgrimage, after it dies so that it may not be prey to predators.[73]
For this reason, any kind of offense to the animals’ corpses is not permissible and the Muslims are not permitted to cut off the animals’ parts of body such as their ears, lips, nose, etc. or damage their faces (mutilate) for the purpose of revenge or the like.[74]
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References
[1] Nahj al-Balagha, 2/8, sermon 167.
[2] Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 3/464.
[3] Kanz al-Ummal fi Sunan al-Aqwal wa al-Af‘al, 4/456, No. 11360.
[4] Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 31/301 and 394
[5] Q. 29:60.
[6] Al-Hada’iq al-Nazira fi Ahkam al-‘Itrat al-Tahira, 25/142; Nihayat al-Miram fi Sharh Mukhtasar Shara’i‘ al-Islam, 1/491; Al-Sharh al-Kabir, 9/130-311.
[7] Faydh al-Qadir Sharh al-Jami‘ al-Saghir, 1/164.
[8] Al-Rawdhat al-Bihiyya fi Sharh al-Lum‘at al-Damishqiyya, 5/481.
[9] Bihar al-Anwar, 61/217.
[10] Al-Mabsut fi Fiqh al-Imamiyya, 6/47.
[11] Bihar al-Anwar, 62/65: The Apostle of Allah (S.A.W.) was asked: O Apostle of Allah! Is giving water to an animal rewarding? He answered: Yes, there is reward in quenching the thirsty liver of any creature.
[12] Man la Yahdhuruhu al-Faqih, 2/283, No. 2459; Makarim al-Akhlaq, p. 264.
[13] Tusi, al-Amali, pp. 383-384. This content has been reported in various other ways, too: see for example: Da’a’im al-Islam, 1/344; Mustadrak al-Wasa’il wa Mustanbat al-Masa’il, 8/251, No. 9372.
[14] Tadhkirat al-Fuqaha, 2/430; Ansari, Zakaria b. Muhammad, Fath al-Wahhab bi Sharh Manhaj al-Tullab, 2 vols. Dar al-Kutub al-‘Ilmiyya, Beirut, 1418/1997, 1/441; Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 2/379.
[15] Saduq, Muhammad b. ‘Ali, Thawab al-A‘mal wa ‘Iqab al-A‘mal, Manshurat-i Radhi, Qum, 1368 sh/1999, p. 144.
[16] Al-Kafi, 6/225, No, 2.
[17] Al-Mahasin, 2/361, No. 88: When one of you go on a journey, wherever you stop, first give fodder and water to your animal.
[18] Al-Kafi, 4/58, No. 6; also see: Man la Yahdhuruhu al-Faqih, 2/64, No. 1723.
[19] Rawdhat al-Talibin, 6/523; Al-Hada’iq al-Nazira fi Ahkam al-‘Itrat al-Tahira, 25/142.
[20] Bihar al-Anwar, 42/278.
[21] Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 31/395-396; Bihar al-Anwar, 61/218; Fath al-Wahhab bi Sharh Manhaj al-Tullab, 2/218; Al-Iqna‘ fi Hall Alfaz Abi Shuja‘, 2/142; Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 3/462.
[22] Al-Mahasin, 2/627, No. 96.
[23] Qawa’id al-Ahkam fi Ma‘rifat al-Halal wa al-Haram, 3/118; Idhah al-Fawa’id fi Sharh Ishkalat al-Qawaʿid, 3/290; Kashf al-Litham, 2/118; Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 31/397; Al-Hada’iq al-Nazira fi Ahkam al-‘Itrat al-Tahira, 25/143; Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 3/463; Al-Iqna‘ fi Hall Alfaz Abi Shuja‘, 2/142; Rawdhat al-Talibin, 6/524.
[24] Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 3/463; Rawdhat al-Talibin, 6/524.
[25] Shara’i‘ al-Islam, 4/1027; Masalik al-Afham ila Tanqih Shara’i‘ al-Islam, 5/89; Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam; 27/111; Al-Hada’iq al-Nazira fi Ahkam al-‘Itrat al-Tahira, 25/142; Nihayat al-Maram fi Sharh Mukhtasar Shara’i‘ al-Islam, 1/491; Bihar al-Anwar, 61/218; Al-Majmuʿ fi Sharh al-Muhadhdhab, 18/318; Rawdhat al-Talibin, 6/523-524; Fath al-Wahhab bi Sharh Manhaj al-Tullab, 2/218; Al-Iqna‘ fi Hall Alfaz Abi Shuja‘, 2/144; Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 3/463; Kashshaf al-Qina‘, 5/581-582; Al-Sharh al-Kabir, 9/314-318.
[26] Fath al-Wahhab bi Sharh Manhaj al-Tullab, 2/218; Al-Iqna‘ fi Hall Alfaz Abi Shuja‘, 2/142; Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 3/462; Bada’iʿ al-Sana’iʿ fi Tartib al-Shara’iʿ, 4/40; Al-Bahr al-Ra’iq Sharh Kanz al-Daqa’iq, 4/371; Al-Majmuʿ fi Sharh al-Muhadhdhab, 18/318; Bihar al-Anwar, 61/217; Tadhkirat al-Fuqaha, 2/203; Kashshaf al-Qina‘, 5/580-581; Haskafi, ‘Ala al-Din, Al-Durr al-Mukhtar, 8 vols. Dar al-Fikr, Beirut, 1415/1994, 3/701; I‘anat al-Tallibin, 4/120.
[27] Al-Majmuʿ fi Sharh al-Muhadhdhab, 18/319.
[28] Al-Nawadir, 187.
[29] Ibn Khuzayma al-Salami, Muhammad b. Ishaq, Sahih ibn Khuzayma, ed. Dr. Muhammad Mustafa al-A‘zami, Al-Maktab al-Islami, 4 vols. 2nd edition, 1412/1991, 4/143.
[30] Kanz al-Ummal fi Sunan al-Aqwal wa al-Af‘al, 9/67, No. 24982.
[31] Kanz al-Ummal fi Sunan al-Aqwal wa al-Af‘al, 9/67, No. 24983; also see: Majma‘ al-Zawa’id wa Manba‘ al-Fawa’id, 8/196-197.
[32] Al-Mahasin, 2/626, No. 91.
[33] Nayl al-Awtar min Hadith Sayyid al-Akhyar, 61/61; Mufid, Muhammad b. Nu‘man, Al-Ikhtisas, ed. ‘Ali Akbar Ghaffari, 2nd edition, 1414/1993, p. 294.
[34] Lawaqi‘ al-Anwar al-Qudsiyya fi Bayan al-‘Uhud al-Muhammadiyya, p. 395-396; also see: Ibid, pp. 396-397; Bihar al-Anwar, 61/111/112.
[35] Al-Nihaya fi Mujarrad al-Fiqh wa al-Fatawa, p. 592; Al-Sara’ir al-Hawi li Tahrir al-Fatawi, 3/132; Al-Jamiʿ li al-Shara’iʿ, p. 395; Al-Mabsut, 24/25; Al-Musannaf fi al-Ahadith wa al-Athar, 5/432, No. 5; Al-Durr al-Manthur fi al-Tafsir bi al-Ma’thur, 2/325.
[36] Tahdhib al-Ahkam fi Sharh al-Muqniʿa, 9/114, No. 497; Al-Kafi, 6/430, No. 7.
[37] Mukhtalaf al-Shiʿa, 8/346; Masalik al-Afham ila Tanqih Shara’i‘ al-Islam, 12/109; Kashf al-Litham, 2/271.
[38] Al-Muhadhdhab, 2/433; Al-Bahr al-Ra’iq Sharh Kanz al-Daqa’iq, 8/404.
[39] Masalik al-Afham ila Tanqih Shara’i‘ al-Islam, 12/109; Majmaʿ al-Fa’ida wa al-Burhan fi Sharh-i Irshad al-Adhhan, 11/283.
[40] Mustadrak al-Wasa’il wa Mustanbit al-Masa’il, 17/51
[41] On this basis, the claim of ascribing these two terms to their technical meanings, as calimed by some jurists, does not seem to be correct. See: Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 36/420.
[42] Qawa’id al-Ahkam fi Ma‘rifat al-Halal wa al-Haram, 3/118; Idhah al-Fawa’id fi Sharh Ishkalat al-Qawaʿid, 3/290
[43] Al-Khara’ij wa al-Jara’ih, 3/523; Basa’ir al-Darajat, p. 368, No. 3.
[44] Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 31/395.
[45] Al-Mahasin, 2/641, No. 157; also see: Al-Kafi, 6/544, No 3.
[46] Al-Mahasin, 2/642, No. 160. It is worth mentioning that some believe what is meant by “cleaning off dust” in these two traditions is changing the soil of the animals’ living place and they have concluded from this that besides observing hygiene of the animals’ stockyard, the soil of the sleeping place of the animals should be changed so that they would be safe from the moist and cold; see: Huquq-i Haywan, Nazar-i Islam darbara-yi Raftar ba Haywanat, Ruznama-yi Kar-u Kargar, 25.01.1377/13.04.1998.
[47] Bihar al-Anwar, 61/177; Ahmad, Musnad, 4/103; Musnad al-Shammiyin, 1/315.
[48] Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 1/19.
[49] Masalik al-Afham ila Tanqih Shara’i‘ al-Islam, 5/88; Mu’min Sabzivari, Muhammad Baqir, Kifayat al-Ahkam, Lithography, Madrisa-yi Sadr-i Nabawi, Isfahan, n.d, p. 132; Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 27/109; Al-Hada’iq al-Nazira fi Ahkam al-‘Itrat al-Tahira, 21/417; Al-Rawdhat al-Bihiyya fi Sharh al-Lum‘at al-Damishqiyya, 4/246.
[50] Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 31/395.
[51] Al-Rawdhat al-Bihiyya fi Sharh al-Lum‘at al-Damishqiyya, 5/481-482.
[52] Riyadh al-Masa’il fi Bayan al-Ahkam bi al-Dala’il, 2/168.
[53] Fiqh al-Sadiq fi Sharh al-Tabsira, 22/384
[54] Kashshaf al-Qina‘, 5/581.
[55] Bihar al-Anwar, 61/318.
[56] Sunan Abi Dawud, 1/15, No, 29; Kanz al-Ummal fi Sunan al-Aqwal wa al-Af‘al, 9/364, No. 26481.
[57] Shara’i‘ al-Islam fi Masa’il al-Halal wa al-Haram, 1/15; Hilli, Hasan b. Yusuf, Irshad al-Adhhan ila Ahkam al-Iman, ed. Shaykh Faris al-Hassun, 2 vols. Nashr-i Islami Publication, Qum, 1410/1990, 1/222, Masalik al-Afham ila Tanqih Shara’i‘ al-Islam, 1/33; Majmaʿ al-Fa’ida wa al-Burhan fi Sharh-i Irshad al-Adhhan, 1/94; Kifayat al-Ahkam, p. 2; Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 2/67; Ansari, Murtadha, Kitab al-Tahara, 2 vols. Mu’assisa-yi Al-Hadi, Qum, 1415/1994, 1/481; Hamadani, Ridha, Misbah al-Faqih, 5 vols. Lithography, Maktibat al-Sadr, 1/93; Ibn Hajar ʿAsqalani, Ahmad b. ‘Ali, Al-Talkhis al-Habir fi Takhrij al-Rafi‘i al-Kabir, 12 vols. Dar al-Fikr, 1/465; Hashiyatu Radd al-Muhtar, 1/371; Al-Mughni, 1/157.
[58] Nihayat al-Ahkam fi Ma‘rifat al-Ahkam, 1/83; Muntaha al-Matlab, 1/41; Al-Musawi, Muhammad b. ‘Ali, Madarik al-Ahkam fi Shara’i‘ al-Islam, 8 vols. Al al-Bayt Institute, Qum, 1410/1989, 1/179; Dhakhirat al-Mi‘ad fi Sharh al-Irshad, 1/21; Ibn Tawus, ‘Ali b. Musa, Falah al-Sa’il, n.p., n.d, p. 48; Fiqh al-Sunna, 1/34, No. 7.
[59] Al-Istibsar fi Makhtalafa min al-Akhbar, 1/13, No.525.
[60] ‘Ibn Abi Jumhur Ahsa’i, Muhammad b. ʿAli, ʿAwali al-Li’ali, ed. Mujtaba ʿIraqi, 4 vols. Sayyid al-Shuhada Publication, 1403/1983, 2/187, No. 66.
[61] Al-Khisal, p. 613.
[62] Ilal al-Shara’i‘, 1/283, No. 1.
[63] Al-‘Amili, Zayn al-Din, Rawdh al-Janan fi Sharh Irshad al-Adhhan, lithography, Al al-Bayt Institute, 1404/1983, p. 26; Majmaʿ al-Fa’ida wa al-Burhan fi Sharh-i Irshad al-Adhhan, 1/95; Madarik al-Ahkam fi Shara’i‘ al-Islam, 1/180; Dhakhirat al-Mi‘ad fi Sharh al-Irshad, 1/21; Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 2/68-69; Ansari, Kitaba l-Tahara, 1-481; Hakim, Sayyid Muhsin, Mustamsik al-ʿUrwat al-Wuthqa, 14 vols. 4th edition, 14 vols. Dar Ihya’ al-Turath al-ʿArabi, Beirut, 1391/1971, 2/244-245, Ibn Qudama, Al-Mughni, 1/157.
[64] Rawdh al-Janan fi Sharh Irshad al-Adhhan, p. 26; Jawahir al-Kalam fi Sharh Shara’iʿ al-Islam, 2/68-69; Ansari, Kitaba l-Tahara, 1-481; Misbah al-Faqih, 1/93; Dhakhirat al-Mi‘ad fi Sharh al-Irshad, 1/21; Hakim, Sayyid Muhammad Sa‘id, Misbah al-Minhaj, 4 vols. Maktab al-Sayyid al-Hakim, 1416/1996; 2/145.
[65] Awali al-Li’ali, 2/187, No. 67.
[66] Jamiʿ al-Maqasid fi Sharh al-Qawaʿid, 1/99.
[67] Daylami, Husayn b. Al-Hasan, Irshad al-Qulub, 2 vols. Sharif Radhi Publication, 1412/1991, p. 161.
[68] Al-Majmuʿ fi Sharh al-Muhadhdhab, 2/121, 2/112; Al-Mughni, 1/149; Fath al-‘Aziz fi Sharh al-Wajiz, 1/497; Rawdhat al-Talibin, 1/180; Mughni al-Muhtaj ila Maʿrifat Maʿani Alfaz al-Minhaj, 1/43; Sahih Muslim bi Sharh al-Nawawi, 3/157; Kashf al-Litham, 1/20.
[69] ‘Amili, Muhammad b. Makki, Al-Dhikra, Lithography, p. 21; Rawhani, Minhaj al-Salihin, 1/27.
[70] Al-Majmuʿ fi Sharh al-Muhadhdhab, 2/121 (quoted from Mawardi).
[71] ‘Amili, Sayyid Muhammad Jawad, Miftah al-Kirama fi Sharh Qawa‘id al-‘Allama, ed. Muhammad Baqir al-Khalisi, 5 vols. Mu’assisat al-Nashr al-Islamiyya, Qum, 1409/1988, 1/212.
[72] Al-Mahasin, 2/634, No. 124.
[73] Al-Mahasin, 2/635-636, No. 133.
[74] Al-Muhalla, 8/399; Sharh al-Azhar, 4/566.
