Selling the leather of dead animals before it is tanned

4-1-2006 | IslamWeb

Question:

I have a question concerning trade. I have a Muslim friend who buys skins from Mushrikeen who have either slaughtered that animal in an improper way or an animal which has died, and then sells to another person who is also a Muslim and that person also sells to another person who takes it to tannery. I wanted to know if this trade is lawful and if its money can be used to built mosque, to pay Zakaah, etc, since from the Hadeeth of Prophet, sallallaahu alayhi wa sallam, he saw a sheep which had died and he advised them to benefit from its skin after removing the hair i.e., tanning it. Please explain it in details because so many Muslims are actually doing this business and give references from Quran and Sunnah.
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

It is not permissible to sell the leather of dead animals before it is tanned as it is impure; purity is a condition for selling an item. This is the view of the majority of the former and late scholars may Allaah have mercy upon them. An-Nawawi may Allaah have mercy upon them said: 'It is not acceptable to sell the leather of dead animals before tanning it according to our school [Shaafi'ee], and this is the view of the majority of the scholars may Allaah have mercy upon them. However, Al-'Abdari may Allaah have mercy upon him reported that Abu Haneefah may Allaah have mercy upon him is of the view that it is permissible.'

Therefore, it is not permissible for you to buy the leather of dead animals slaughtered by non-Muslims, other than the people of the book, before it is tanned, as it takes the ruling of dead animals. Nonetheless, there is no harm to act according to the view of Abu Haneefah may Allaah have mercy upon him who is of the view that it is permissible to buy it in case of necessity as a means of benefiting from it, as you did not find any other alternative than buying it. Even though you do not benefit from it immediately, you will benefit from it in the future. Indeed the necessity makes such a thing permissible as the scholars may Allaah have mercy upon them permitted selling impure dung for necessity.

Allaah Knows best.

www.islamweb.net