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An Office Friend and His Eating of Bacon Then Touching One

Answered as per Shafi'i Fiqh by Shafiifiqh.com

An office friend eats baccon & eggs everyday & does not wash hands-just wipes with paper towel. You still smell the egg & the bacon is oily so the yold of the egg will be contaminated & call najasah.

He tugged on my ear like school teachers do & I could still smell that egg. his hands were dry but due to the smell I feel bad. how do i clean myself. is water enough or do I use the 7 times/ 1 time with soil method. just treat it as dry najis.

Answer:

In the Shafi School swine is impure. (Mughni al-Muhtaj 1/227; Tuhfat al-Muhtaj 1/290) And, it is najasa mughallaza (Wasit 204-06), similar to a dog, according to the relied-upon opinion of Imam Shafi [qawl azhar]. (Mughni al-Muhtaj 1/240) Accordingly, both the filth of a dog and a pig should be removed by washing seven times, one of those washings with pure earth. Imam Nawawi discussed some problems underlying the ruling on the impure nature of pigs in his commentary on Shirazi’s Muhadhdhab. For instance, Ibn al-Mundhir related that there is scholarly consensus [ijma] that a pig is impure; the best evidence on the issue is a report of consensus from Ibn al-Mundhir, when it is established. But, Imam Malik opined that a living pig is pure. In his evaluation of the arguments raised by Muhadhdhab’s author (and others), Imam Nawawi stated,

ليس لنا دليل واضح على نجاسة الخنزير في حياته

“There is no sound evidence with us that establishes the impure nature of a pig while it is alive.” (Sharh al-Muhadhdhab 2/405)
Imam Nawawi held an opinion independent from the majority of the Shafiyyah. (Sharh al-Muhadhdhab 2/417) His opinion is that a pig’s wulugh only needs to be washed once without earth. This is an opinion of Imam Shafi: being muqabil al-azhar and also a qawl qadim. (Fath al-Aziz 1/67; Sharh al-Muhadhdhab 2/417; Tanqih 1/205) Imam Nawawi mentioned,

بل مقتضى الدليل طهارته كالأسد والذئب والفأرة ونحوها

“In fact, the evidence’s necessary implication is its purity, similar to the lion, wolf, rat, and their like.” (Tanqih 1/205)

The texts on the dog express that it is necessary to wash seven times once with earth. For instance, there is the hadith related by Imam Muslim,

طهور إناء أحدكم إذا ولغ فيه الكلب أن يغسله سبع مرات أولاهن بالتراب

“The purification of your utensils when a dog licks in them is that they are washed seven times, the first washing with earth.” (Sahih Muslim 1/234)

The dog’s wulugh is mentioned in this hadith. A pig being impure is reasoned as per an understanding that a pig is worse than a dog. (Tanqih 1/205) Nonetheless, swine has not been expressly mentioned.

Regarding a dead pig, in this condition, it is without a doubt maytah [carrion] from an animal that we do not consume. Allah the Most High said,

أو لحم الخنزير فإنه رجس

“…or the pig’s flesh for certainly it is filth…” (Surat al-Maidah 3)

This is mentioned after Allah the Most High said,

حرمت عليكم الميتة

“Made unlawful for you is carrion…” (Ibid)

Khatib discussed the issue of a Muslim husband compelling his wife from the People of the Book to bathe after she consumed swine. (Mughni al-Muhtaj 4/314) He related two opinions [wajhayn] regarding the manner in which she would be compelled to bathe, 1) an opinion that she must wash seven times with earth, and 2) an opinion that she must wash only once without earth. Khatib gave preference to the first opinion. (Ibid) Also, Sharwani stated that the first opinion is preferred. (Hawashy Tuhfat al-Muhtaj 7/319) The number of washings is reasoned consistent with the issue of wulugh. (al-Hawi al-Kabir 9/230) In this scenario the possibility of one consuming swine, and thereafter, transferring the filth by touching another is acknowledged. (Ibid)

There may be enough latitude to consider a single washing without earth as sufficient in the situation in question, in light of Imam Nawawi’s ikhtiyar and that it is an opinion of Imam Shafi [muqabil al-azhar]. Yet, there is no substantial difficulty for one to wash six additional times. It is most prudent for one to adhere to the Shafi School’s relied-upon standpoint which would indicate toward seven washings one being with pure earth.

If it is difficult for one to wash with earth, then there is an opinion of Imam Shafi [muqabil al-azhar] that one may use another substance, like soap, in its place. (Mughni al-Muhtaj 1/240) It has been related that another substance may be used when earth will damage what needs to be cleaned, for example textiles. (Ibid) And, according to a third opinion of Imam Shafi [muqabil al-azhar], another substance may only be used in the absence of earth. (Ibid)

In conclusion, there are five views transmitted, and they are,

1)   The relied-upon opinion of Imam Shafi [qawl azhar] that a pig’s filth must be washed seven times, one of those being with earth.

2)   An opinion of Imam Shafi that is strong enough to practice upon [muqabil al-azhar] that it must be washed seven times and another substance, like soap, suffices.

3)   An opinion of Imam Shafi that is strong enough to practice upon [muqabil al-azhar] that it must be washed seven times and another substance, like soap, suffices in the absence of earth.

4)   A lesser opinion that another substance, like soap, suffices when using earth will cause damage. This opinion and the three before it (1, 2, 3) apply to pigs and as well dogs.

5)   An opinion of Imam Shafi that is strong enough to practice upon [muqabil al-azhar] that one washing without earth suffices. This is also the ikhtiyar of Imam Nawawi. This opinion applies to pigs only.

Allah knows best.

Shafiifiqh.com Fatwa Dept.

Source

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