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How could dogs be impermissible if the People of the Cave had a dog with them?

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

wrong. In particular, could you please provide some Tafseer in respect of Surah Al-Kahf and the pious people whom lived with a dog. Whilst the articles undermine Hadiths by calling them weak and in some cases slandering those whom narrated such Hadiths, the articles appear to be of non-Islamic origin. These I’m sure you may be aware of, suggest no condemnation in the Qur’an rather allow the dog as a pet in the home, other than the keeping of trained dogs. A close brother is in much distress, as this was a point put to him by a non-Muslim woman he intends to marry, this in itself has caused him to wonder away from his initial learning and now questions many issues. A detailed answer would be greatly appreciated.

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam wa rahmatullah,

It is established in rigorously authenticated hadiths of the Messenger of Allah (Allah bless him and give him peace) that it is impermissible and sinful to acquire a dog for other than hunting, guarding, shepherding or the like. [see appended answer for details]

As for the mention of the dog of the People of the Cave:

a) it is not unlikely that it was for hunting, guarding, shepherding or the like;

b) if not for one of these purposes, then the Sacred Law of past people is only binding for us if it was adopted within the Sacred Law of the Prophet Muhammad (peace and blessings be upon him). [Jassas, al-Fusul fi’l Usul, 3.22]

If the guidance of the Messenger of Allah (Allah bless him and give him peace) points to the abrogation of a ruling from the Sacred Law of past people (such as in this situation, if we were to accept it as a case of keeping a dog as a pet), then such rulings are not permitted to follow: the Sacred Law of the Beloved Messenger of Allah (peace and blessings be upon him) abrogated all past Laws. [Jassas, al-Fusul fi’l Usul, 3.22]

And Allah alone gives success.

Faraz Rabbani.

Sidi Fadi Qutub Zada explained:

“Having a dog as a pet is prohibitively disliked (makruh tahriman). However, there is no harm in acquiring a hunting dog, or a guard dog to protect one’s sheep or property. [Al-Hadiyyah al-‘Alaiyyah 347]

It is related by Abu Huraira (Allah be well pleased with him) that the Prophet (peace and blessings be upon him) said, “Whoever acquires a dog, with the exception of a dog for hunting, or guarding sheep, or protecting the harvest, then a large portion of his reward will be diminished every day.” [Reported by Bukhari and Muslim]

Abu Talha relates (Allah be well pleased with him), that the Prophet (peace be upon him) said, “The angels do not enter a house that has a dog or a picture.” [Reported by Bukhari and Muslim]

It is mentioned in al-Fatawa al-Hindiyya, that one should not keep a dog unless they fear a thief or fear anything else. One should know that acquiring a dog for guarding is legally permissible, as is acquiring a dog for hunting or for protecting the harvest and livestock. [5:362]”

قال الإمام الجصاص (رحمه الله تعالى) في الفصول في الأصول: (3/22) فنقول : إن الصحيح أن تلك الشرائع التي لم تنسخ قبل نبينا صارت شريعة لنبينا عليه السلام , فلزم الناس حينئذ حكمها , من حيث صارت شريعة للنبي عليه السلام , لا من حيث كانت شريعة لمن كان قبله .

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