Saturday, March 29, 2014

Q&A: Drawing Pictures, Benefitting from Impurities & Work of the Employee based on Commission




Questions: 
Assalamu Alaykum Wa Rahmatullahi Wa Barakatuhu...
There are three questions which I hope that you kindly respond to them:
1. The ruling of hand drawing and drawing living objects; such as human beings and animals, and then placing them and hanging them in houses. 
2. Is it permissible to take a gene from a pig, such as a growth gene, and then putting it in a halal food, such as cucumber, for the sake of growth?
3. These days, using the word percentage has increased, that is if you sold this month for 120,000 dinars, you would get a quarter percentage for example; and if you did not sell, you would not get anything. Is this state permissible?
May Allah bless you, be with you, and bring victory between your hands.

Answer:

Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuhu,

1. As to hand drawing and drawing living objects...

Drawing pictures of humans and animals that are similar to reality...

Prohibition mentioned in the evidences applies to this, whether drawing is with a pencil or by using the mouse on the computer, so as long as the drawing by human effort is an imitation of a living thing, prohibition applies to it. 

It was narrated by al-Bukhari from the Hadith of Ibn Abbas that the Prophet (saw) said:

«مَنْ صَوَّرَ صُورَةً فَإِنَّ اللَّهَ مُعَذِّبُهُ حَتَّى يَنْفُخَ فِيهَا الرُّوحَ وَلَيْسَ بِنَافِخٍ فِيهَا أَبَدًا» 

“Whoever makes a picture will be punished by Allah till he puts life in it, and he will never be able to put life in it.”

Ibn 'Umar (May Allah be pleased with them) said: The Messenger of Allah (saw) said,

«إِنَّ الَّذِينَ يَصْنَعُونَ هَذِهِ الصُّوَرَ يُعَذَّبُونَ يَوْمَ الْقِيَامَةِ يُقَالُ لَهُمْ أَحْيُوا مَا خَلَقْتُمْ» 

“Those who draw pictures will be punished on the Day of Resurrection; and it will be said to them: 'Breathe soul into what you have created'.”

As to the ruling of owning, putting them in the houses, and hanging them, it is as follows:

A) If they are put in places of worship such as praying carpets, mosque curtains, or advertisement for mosques, and things of the like... This is forbidden and is not permissible, and from the evidences for that:

The Hadith of Ibn Abbas that the Prophet (saw) refused to enter the Ka'ba until the drawings inside it were erased. The refusal of the Prophet (saw) to enter the Ka'ba until the pictures were erased is an indicative proof (qareenah) for the prohibition of placing drawings in places of worship, so it is an evidence for forbidding pictures in mosques:

Muslim extracted that Ibn Abbas narrated that 

«أَنَّ النَّبِيَّ صبى الله عليه وسلم لَمَّا رَأَى الصُّوَرَ فِي الْبَيْتِ يَعْنِي الْكَعْبَةَ لَمْ يَدْخُلْ وَأَمَرَ بِهَا فَمُحِيَتْ» 

“when the messenger (saw) saw pictures in the house, which means the Ka`ba, he did not enter it and ordered them to be erased.”

B) If they are placed in places other than places of worship, then the evidences mentioned have clarified that this is permissible:

- With undesirable (karaheh), i.e. it is undesired (makruh), if placing them in places for the sake of respect or glory such as curtains for houses, or clarification means for educational institutions, or worn on shirts, or clothes... Or at schools, in offices, or advertisements which has no relation with worship, or if they are hanged in the middle of the room, or worn to improve the appearance or things of the like... All of these are undesired.

- Permissible, if they are put in places other than places of worship and respected places, such as if they are on a carpet you step on, or on mattresses where you sleep and lay down, or pillows you lay on them, or drawings on the ground stepped on or things of the like... All of these are permissible. 

Some of the evidences for that:

- It was narrated that Abu Talha as extracted by Muslim who heard that the Messenger of Allah (saw) said: 

«لا تدخل الملائكة بيتاً فيه كلب ولا صورة» 

“The angels do not enter a house in which there is a dog or a picture.” And in another narration by Muslim that he said: 

«إلا رقماً في ثوب» 

“Except the prints on the cloth”, and this proves the exception of pictured prints on the cloth. It means that angels enter the house that has prints on a cloth, that is a picture which is drawn by hand.

This means that the flat picture "prints on a cloth" is permissible because angels enter the house that has flat pictures. However, other Ahadeeth have been mentioned that clarify the type of this permissibility:

- Al- Bukhari narrated from 'A'isha (ra) who said;

«دَخَلَ عَلَيَّ النَّبِيُّ وَفِي الْبَيْتِ قِرَامٌ فِيهِ صُوَرٌ فَتَلَوَّنَ وَجْهُهُ ثُمَّ تَنَاوَلَ السِّتْرَ فَهَتَكَهُ» 

“The Prophet (saw) entered upon me while there was a curtain having pictures (of animals) in the house. His face got red with anger, and then he got hold of the curtain and tore it into pieces.”

"القرام" al-kiram is a type of clothes, and it was used as a curtain on the door of the house. The Prophet's (saw) face becoming red and getting hold of the curtain are considered a command of refraining from putting a curtain on the door if it has pictures, so if this is added to the permissibility of entering the angels the house that has pictures "prints on cloths", it proves that the command of refraining is not assertive, that is disliked. Because this place of the pictures was on a curtain held on a door, thus, this is a respected place, so putting pictures in a respected place is undesired.

- Abu Hurayrah narrated from Ahmad that Jibreel (as) said to the Messenger (saw): 

«وَمُرْ بِالسِّتْرِ يُقْطَعْ فَيُجْعَلَ مِنْهُ وِسَادَتَانِ تُوطَآَنِ» 

“Order the curtain to be cut up and made into two cushions on which people may tread.”

So Jibreel (as) has commanded the Messenger (saw) to remove the curtain from the respected place, and make from them two cushions on which people may tread.

This means that using drawn pictures from others in places that are not respected is permissible.

2. Taking a gene from a pig and nourishing plants by it to increase their growth, such as using it to increase the growth of cucumber or anything else is not permissible, and this is for the following evidences:

- The pig is forbidden, and it is filthy for the following reasons:

(إِنَّمَا حَرَّمَ عَلَيْكُمُ الْمَيْتَةَ وَالدَّمَ وَلَحْمَ الْخِنْزِيرِ وَمَا أُهِلَّ بِهِ لِغَيْرِ اللَّهِ فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَلَا إِثْمَ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ)

“He has only forbidden to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is Forgiving and Merciful.” [TMQ 2:17]

(حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنْزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ... )

“Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah.” [TMQ 5:3]

- at-Tabarani in his al-Kabeer extracted that Abu Tha’labah al-Khushani said that he asked the Messenger of Allah (saw), “We live in the area of the People of the Book and they cook in their pots (the flesh of swine) and drink wine in their vessels.” The Messenger of Allah (saw) said:

«...وَإِنْ وَجَدْتَ عَنْ آنِيَةِ الْكُفَّارِ غِنًى فَلَا تَأْكُلْ فِيهَا، وَإِنْ لَم تَجِدْ غِنًى فَارْحَضْهَا بِالْمَاءِ رَحْضًا شَدِيدًا ثُمَّ كُلْ فِيهَا» 

“If you find any other pots, then eat in them and drink. But if you do not find any others, then wash them with water and eat and drink (In them).”

i.e. if one needed them and could not find it otherwise, then wash them in a thorough washing. This indicates the impurity of alcohol and pigs, as long as you need it (objects) must be washed to be cleansed. In the narration of Dariqtunai mentions, that the Prophet (saw) washed it with water is a purification for it, which is an explicit indication of the impurity of pigs and alcohol, and this is Dariqtunai’s narration:

- al-Hussain bin Ismail narrated that Saeed bin Yahya al-Amawee that Abdelraheem bin Suleiman on the authority of al-Hajjaj bin Artaa on the authority of Makhuul on the authority of Abi Idrees on the authority of Al-Khushani who said, "O Messenger of Allah! We live in a land of polytheists, and we do not have containers and vessels except theirs." The Messenger of Allah (saw) said: 

«اسْتَغْنُوا عَنْهَا مَا اسْتَطَعْتُمْ فَإِنْ لَمْ تَجِدُوا فَارْحَضُوهَا بِالْمَاءِ فَإِنَّ الْمَاءَ طَهُورُهَا ثُمَّ اطْبُخُوا فِيهَا» 

“Stay away from them as much as you can, and if you do not find other than them, then rinse them with water, as water is their cleanser and then cook in them.”

This is a clear evidence that wine and swine are from impurities, as the Messenger (saw) says: «فَإِنَّ الْمَاءَ طَهُورُهَا» “water is its cleanser”. 

- Benefitting from impurities is also forbidden, and from the evidences:

- Bukhari extracted the narration of Jabir bin `Abdullah I heard Allah's Messenger (saw), in the year of the Conquest of Mecca, saying: 

«إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ وَالْمَيْتَةِ وَالْخِنْزِيرِ وَالْأَصْنَامِ»

“Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols.” The people asked, "O Allah's Messenger (saw)! What about the fat of dead animals, for it was used for greasing the boats and the hides; and people use it for lights?" He said,«لَا هُوَ حَرَامٌ» “No, it is illegal.” Allah's Messenger (saw) further said, 

«قَاتَلَ اللَّهُ الْيَهُودَ إِنَّ اللَّهَ لَمَّا حَرَّمَ شُحُومَهَا جَمَلُوهُ ثُمَّ بَاعُوهُ فَأَكَلُوا ثَمَنَهُ» 

“May Allah curse the Jews, for Allah made the fat (of animals) illegal for them, yet they melted the fat and sold it and ate its price.”

- Narrated Ibn `Abbas as extracted by Muslim that Umar (ra) was informed that Samurah has sold wine, so he said: "May Allah Curse Samurah, Doesn't he know that the Prophet (saw) said:

«لَعَنَ اللهُ الْيَهُودَ، حُرِّمَتْ عَلَيْهِمُ الشُّحُومُ، فَجَمَلُوهَا، فَبَاعُوهَا» 

“May Allah curse the Jews for, though they were forbidden (to eat) fat, they liquefied it and sold it.”

- Narrated Abu Hurairah as extracted by Abu Dawood on the authority of Abi Azzinad: The Messenger of Allah (saw) as saying:

«إِنَّ اللَّهَ حَرَّمَ الْخَمْرَ وَثَمَنَهَا، وَحَرَّمَ الْمَيْتَةَ وَثَمَنَهَا، وَحَرَّمَ الْخِنْزِيرَ وَثَمَنَهُ»

“Allah forbade wine and the price paid for it, and forbade dead meat and the price paid for it, and forbade swine and the price paid for it.”
These evidences show the reason of the prohibition of benefitting from impurities; for that, it is not permissible to take a gene from swine and nourish plants by it to increase their growth, such as using it in growing cucumbers and other things, so it is not permissible because of the prohibition of benefitting from impurities. 

It cannot be said that this is similar to medicine which is permissible by impurity although disliked for: 

Narrated Anas that some people from `Uraina tribe came to Medina and its climate did not suit them, 

«أَنَّ نَاسًا مِنْ عُرَيْنَةَ اجْتَوَوْا الْمَدِينَةَ فَرَخَّصَ لَهُمْ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ يَأْتُوا إِبِلَ الصَّدَقَةِ فَيَشْرَبُوا مِنْ أَلْبَانِهَا وَأَبْوَالِهَا...»،
“so Allah's Messenger (saw) allowed them to go to the herd of camels (given as Zakat) and they drank their milk and urine (as medicine)...”

It cannot be said that this is similar to medicine because growing plants does not fall under the meaning of the word medicine. So it is not permissible to use a gene for swine for growing plants.

3. The laborer who works for a merchant in a selling store, his wages should be known, and a percentage of the sold items can be added to it. For example, if his wages are 100 a month, 10% of the sold items can be added to it.

Whereas if he is paid only a percentage of the sold items, that is if he sold, he gets 10%, otherwise, he does not get anything, this issue has different opinions... What I preponderantly lean towards in this issue is that working as a laborer for somebody else, that is selling for him in his commercial place, and his wages are a percentage of what he sells; that is if he sold, he would get a percentage of what he sold, otherwise, he wouldn't get anything. This is not permissible as to what I overbalance because the laborer should have a known wage... A percentage of the sold items can be added to the wages, but it is not permissible that the wages of a laborer is the percentage of what he sells, so that if he sold he would get percentage, and if he did not sell, he would not get a salary...

This is for the following evidences:

Ibn Abi Sheebah extracted in his Munsafahi on the authority of Abu Hurayrah and Abu Sa'eed said that:

«مَنِ اسْتَأْجَرَ أَجِيرًا، فَلْيُعْلِمْهُ أَجْرَهُ» 

“Whoever employs a laborer, let him tell the laborer his wages.”
Bayhaaqi extracted in his Sunnan Assagheer on the authority of Abu Hurayrah narrated that the Messenger of Allah (saw) said:

«أَعْطِ الْأَجِيرَ أَجْرَهُ قَبْلَ أَنْ يَجِفَّ عَرَقُهُ»

“Give the worker his wages before his sweat dries.”

Based on this, the worker should have wages for his work, and it is not permissible that he works for somebody without wages. This is most likely preponderant in this issue, and Allah is the All Knowing and the Best of all Judges.

Your Brother,
Ata Bin Khalil Abu Al-Rashtah

18 Jumada I 1435 AH
19/03/2014 CE

النسخة العربية

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