Laws of Jurisprudence
In certain conditions, it
is Fard (obligatory) to eat, and eating in such conditions will allow one to
accumulate reward. Not eating (in such conditions) will cause one to be held in
contempt (i.e. he will be regarded as being sinful). If a persons hunger is so
intense, that he feels he will surely die if he does not eat, then in such a
condition, it is Fard for him to eat the amount of food which is sufficient to
save his life. If he does not eat in this condition and this causes his death, then
he will be regarded as being sinful. It is necessary for a person to eat enough
that will give him the energy to stand up and perform his Namaaz and to keep
his fast. In other words, if he does not eat, he will become so weak that he
will not have enough energy to stand up and perform his Namaaz or keep his
fast. To eat in such a condition is deserving of reward. [Durr-e-Mukhtar]
Law: When in a situation of Iztiraar; in other
words, when one is faced with a situation where there is a risk of one losing
his life if he does not eat, then in such a situation, even if he does not get anything
which is Halaal to eat, he may eat that which is haraam, or he may eat of the
carrion, or even that which belongs to someone else, in order to save his life.
Under such dire circumstances, there is no accountability for eating these
things. Actually, one is held accountable for not eating in such a situation.
He should eat it, even if he will be held liable to pay a penalty for eating
something that does not belong to him. [Durr-e-Mukhtar]
Law: If there is danger of dying due to thirst, then
to drink anything in order to save you from destruction is Fard. If no water is
available and only alcohol is available, then one should drink only enough to eliminate
the threat (of death). [Durr-e-Mukhtar,
Raddul Muhtar]
Law: If some other person has in his possession
something to eat and drink, then one may pay him for it and then eat or drink
it. If he does not agree to give the said thing even on payment and there is a fear
of ones life being in danger, then one may forcefully snatch it from him. If he
is also facing the same threat (i.e. he too faces dying if he gives it away),
then you should take only a portion and leave a portion for him. [Raddul Muhtar]
Law: If a person is in the condition of Iztiraar
(in such a condition where there is danger that one may loose his life) and
another person says to him, Cut off a piece of my hand and eat the flesh’, then
in this case, he has no permission to consume this meat (no matter what the
circumstance). To consume the flesh of humans, even in such a (dire)
circumstance is not Mubah (Lawful). [Raddul
Muhtar]
Law: Medicine and Treatment should not be adduced
on the basis of the ruling, which is applicable to food and drink. In other
words, in the condition of the risk of death, one is permitted to eat the carrion
and to drink alcohol (only sufficient to save ones life), but alcohol as a
medicine will not be regarded as permissible. Reason being that the flesh of
the carrion and the alcohol will definitely alleviate the hunger which is
threatening ones life, but it cannot be said with complete conviction that
consuming alcohol as a medicine will definitely reverse the illness. [Raddul Muhtar]
Law: One should try to eat less than ones hunger,
and to eat so much that ones hunger is completely alleviated is Mubah (lawful),
i.e. neither is there any (special) reward in doing so, nor any sin, because there
is always the possibility that one could have had a valid reason for this
(eating enough to alleviate the hunger totally), such as to attain more
stamina. To eat more than ones hunger (i.e. to over-eat) is haraam. To eat more
than ones hunger (over eating), means to each so much that there is a risk of
the stomach being damaged (upset). In other words, there is a risk that it will
lead to having diarrhoea and will cause ones condition to become unpleasant
(i.e. it can cause severe indigestion). [Durr-e-Mukhtar]
Law: If one eats more than ones hunger (need),
with this thought in mind that he would be able to keep the fast of the
following day properly and so that he will not feel any fatigue whilst fasting,
then there is no harm in doing so. This is only when he only eats so much more,
where he knows that it will not cause any harm to his stomach (digestive
system) and he knows that if he does not eat more, he will feel fatigue and it
will take (a longer) time for him to accomplish other duties. Similarly, if he
is partaking in a meal with a visitor and he knows that by him holding back his
hand, the visitor will be shy to eat a full stomach, then even in such a situation,
one is allowed to eat a bit more. [Durr-e-Mukhtar]
Law: To eat a full stomach so that one may be able
to perform Nafil prayers in abundance and that he will not feel any fatigue in
reading or teaching and he will be able to accomplish this duty properly, is (recommended).
If one ate more than ones limit, but not so much that the stomach is upset, it
is Makruh. A person who spends a great deal of time in Ibaadat (worshipping and
prayer) has the discretion of either eating to the extent of it being Mubah
(Lawful) or to the extent of it being Mandub (recommended), but he should make
the intention that, ‘I am eating so that I may attain the necessary stamina to
perform Ibaadat’ as to eat with the said intention is also included in the
category of Obedience (to Allah). One should not eat with the objective of
attaining pleasure and delight, as this is not a good quality. In the Holy
Qur’an it mentions that the objective of the kufaar is to eat for pleasure and enjoyment,
and overeating (over indulging) has been referred to in the Hadith Shareef as
the quality of the kufaar. [Raddul
Muhtar]
Law: It is impermissible to eat such a modest
amount of food whilst striving in the way of Allah (i.e. in Riyaazat and
Mujaahida), that it causes one such weakness which hinders him from fulfilling
his obligatory Ibaadat, like in a situation where a person eats so little and
becomes so feeble due to this, that he is not able to stand up to perform his
Namaaz. However, if he does not feel such weakness, then there is no objection
(to him eating such a modest amount). [Durr-e-Mukhtar]
Law: If one over ate, so that he may throw up
thereafter, and this situation is beneficial for him, then there is no
objection to this, as this practice is beneficial to some people.[1]
[Raddul Muhtar]
Law: There is no objection to eating a variety of
fruits (together), even though it is better not to do so. [Raddul Muhtar]
Law: If a young man fears that by eating a full
stomach, he will be overwhelmed by lust, then he should eat less so that he is
not overwhelmed by this lust[2].
However, he should not eat so little that it causes failure in him
performing his Ibaadat. [Alamgiri]
Law: If only one type of food is present and this
causes a person to become agitated because he is not able to fulfil his
(dietary) requirements through this, and he thus prepares a variety of foods so
that he may eat some of each food type and thus fulfil his (dietary)
requirement; then there is no objection in preparing a variety of meals for
this reason. If a person prepared a variety of foods so that he may invite
others to partake in it and none of the food will go to waste, then this too is
allowed. If this is not the aim, then it is regarded as Israaf (being
wasteful). [Alamgiri]
Law: The etiquettes and recommendations of eating
are as follows: (1) To wash the hands before eating; (2)
To wash the hands after eating; (3) Not to wipe the hands
after washing them before eating; (4)
To wipe the hands on a piece of cloth or
towel after washing them after eating, so that the traces of food are not left
on the hand.
Law: It is Sunnat to wash both the hands up to the
wrists, before and after eating. Some people wash only one hand or just the
fingers. Some people just suffice by only washing the finger tips. This does not
fulfil the recommendation of the Sunnat. [Alamgiri]
Law: It is Mustahab (Desirable) when washing the
hands, not to take assistance from anyone, but rather to pour the water over
your hands personally. In other words, the rule is the same as with regards to
wudu. [Alamgiri]
Law: (5) Wash the hands thoroughly after eating so that there are no traces
of food on the hand. There is no objection in using flour, husk or gram flour
when washing the hands. Nowadays, there is the practice of using soap to wash
the hands. There is also no objection to this. It is not Sunnat to rinse the mouth
before eating. If someone did not rinse the mouth, it will not be said that he
has omitted a Sunnat. However, if a Junub1 does not rinse the mouth before
eating, then this is regarded as Makruh. However, it is not regarded as Makruh
for a female who is menstruating to eat without rinsing the mouth. (6) Before eating, the
hands of the younger ones should be washed first and after eating, the hands of
the elders should be washed first. (7)
and thereafter the hands of the youngsters.
This same rule applies regarding the Ulama and Mashaíkh (Learned Personalities
and Mystics), that before eating, their hands should be washed last and after
eating, their hands should be washed first. (8)
To commence eating by saying Bismillah-
بسم اﷲ (9) To complete eating by
saying الحمدﷲ
; If one has forgotten to say بسم اﷲ _ then on remembering, one should say بِسْمِ
اللہِ فِیْ اَوَّلِـہٖ وَاٰخِرِہٖ.
Pronounce the
بسم اﷲ
(Bismillah) aloud, so that those who have forgotten to say it may remember and
then mention it, but say الحمدﷲ
silently if you have finished eating.
However, if all have completed eating, then you may say الحمدﷲ
aloud as well, so that the others may hear it
and be grateful to Allah. (11) Nothing should be kept on top of the roti (bread). Some people
keep the curry bowl or the bow[3]
of chutney or the salt dispenser on it. One should abstain from doing this. However,
if the salt is kept in a piece of paper, then it may be kept on the roti. (12) Do not
wipe your hands or a knife on the roti. (13)
To recline whilst eating or (14) to eat
without covering the head is contrary to the etiquettes of eating. (15) To rest
the left hand on the ground whilst eating is also Makruh. (16) To break
off the edges (crust) of the roti and only eat the bread from the centre is
Israaf (being wasteful). The entire roti should be eaten. There is no objection
in breaking off the edges (crust) if they are not properly cooked, and if
eating it will be harmful to you. Similarly, if you are aware that the pieces
that you break off will be eaten by others and will not go to waste, then there
is also no objection in breaking it off. The same ruling applies to eating only
that portion of the roti which is raised and leaving the rest. (17) One should
not wait for the curry once the roti has been served, but one should
immediately start eating. This is one of the reasons why the roti is usually
the last thing to be served, so that there is no need to wait; (18) eat with
the right hand; (19) it is wasteful to discard a morsel, which has fallen from ones
hand onto the spread. One should first pick up and eat the fallen morsel. (20) Do not eat
from the centre of a plate or bowl but eat from the sides; (21) and eat
from the side, which is closer to you. (22)
If there is only one type of food, then eat
from one place and do not put your hands everywhere. However if there is a
variety of foods kept in a tray, then one may eat from different places, as it
is not regarded as being of one type. (23)
When eating, place the left leg on the ground
and keep the right leg (knee) upright, or sit on your rear keeping both knees
upright. (24) Do not eat very hot (steaming) food; and (25) blow
neither on food; (26) nor smell the food; (27)
continue talking whilst eating. Do not remain
totally silent as this is the way of the Majoosis’ (fire-worshippers). However,
do not speak vile words, but have good discussions. (28) Clean your
fingers (lick them) after eating. Do not leave any traces of food on them; (29) wipe your
plate clean with your fingers and then clean (lick) the fingers. It has been
mentioned in the Hadith that the plate of a person who cleans it thoroughly
after eating, will make dua on his behalf by saying, ‘(May) Allah protect you
from the fire of hell, like you have protected me from shaitaan’. It is
mentioned in another narration that the plate makes Istighfar for him (asks for
him to be forgiven). (30) Commence eating with salt and (31)
end with salt. It alleviates 70 illnesses. [Bazaazia, Raddul Muhtar]
Law: It is Makruh to eat on the streets and in the
market place.
Law: If pieces of bread have piled up on the
eating mat, either eat it or feed it to the chickens, cows or goats etc.
Otherwise, leave it somewhere carefully, where the birds or ants will eat it.
Never throw it onto a road (pathway). [Bazaazia]
Law: Neither should you find fault with food, nor
should you say that the food is bad. Rasoolullah never found any fault with food. If he wished
he ate it, if not he left it.
Law: In India it is a practice, that when someone
enters whilst you are eating, people generally invite him to join in the meal.
They say, please join us in our meal. However, if those who are eating do not offer
them to join in the meal, they then taunt them about it and say, ‘they didn’t
even offer us to join them’. It is a good practice to invite other Muslims to
join you whilst eating. However, it is necessary for those who are inviting
someone; to do so with sincerity and not merely as a formality to show that
they have asked. It has also been noted that sometimes when someone is asked to
join in a meal, he replies by saying Bismillah. One should not say this at this
juncture, as there is no sense in saying بسم اﷲ at this
time (i.e. it is not appropriate). The learned Ulama have strictly cautioned us
against saying بسم اﷲ
at such an instance. The Ulama have mentioned
that it is more appropriate to mention some words of Dua, such as, Allah grant
you barkat! May Allah bless you abundantly!
Law: If a father is in (urgent) need of provisions
belonging to his son and is needy but does not have the amount to purchase it,
then it is permissible for the father to use the goods of the son without any compensation
(payment). However, if he has the amount to purchase it, but he is not able to
get the goods, then he may pay the compensation (price) and use it. This is in
the case where the son is Na Laa’ik (i.e. incapable or inefficient) and if he
is inefficient, then the father may use his belongings even without need. [Alamgiri]
Law: If a person has become so feeble due to hunger
that he is not even able to walk out of his house to explain his plight to
others, then is Fard upon whoever hears of his plight, to provide him with something
to eat, so that he may become able enough to leave his home. If he was not
given any assistance and died of hunger, then all those who were aware of his
condition are sinners. Now if one person in particular is aware of his
condition, but even he is in such a position that he does not have anything to
give him, then it is Fard upon him to mention his plight to others and to ask
others for something, and to then give it to him; and if this was not done and the
person died, then all those who were aware of his condition are sinful; and if
this person is strong enough to leave his home but does not have the capacity
to work and earn, then he should go to the people and ask for assistance, and
it is Waajib (compulsory) upon those who have something that can be given as
Sadqa, to give something to him. However, if that needy person is able to work
and earn, he should work in order to earn some money. It is not Halaal for him
to ask for help (i.e. beg) in such a circumstance. If a needy person is not
able to work but he has the ability to go to the homes of people and beg (ask
for help), then it is Fard upon him to do this. If he did not do this and died
due to starvation, he will be held accountable (i.e. he will be regarded as
being sinful). [Alamgiri]
Law: If a few drops of perspiration, saliva or
tears dripped (into the food) whilst eating, it will not cause the food to
become Haraam. The food can be eaten. Similarly, if something pure mixed with
water, but caused one to feel abhorrence; drinking it is still permitted. [Alamgiri]
Law: If one finds a piece of dung in the roti and
it (the dung) is hardened, then break off that piece and throw it away. The
entire roti will not be regarded as being Najis (contaminated – impure), and if
it has some softness in it, then it should not be eaten at all. [Alamgiri]
Law: If one sees a piece of roti (bread) in a gutter
or in any other impure place, then it is not necessary for him to pick it up,
wash it and keep it in some other place. [Alamgiri]
Law: If a human tooth is crushed together with
wheat in a mill, then neither is one allowed to eat this flour and nor can it
be fed to any animal. [Alamgiri]
Law: It is Haraam (totally forbidden) to eat
rotten meat. [Alamgiri]
Law: If one enters an orchard and finds fruit
scattered on the ground, then unless one does not acquire the permission of the
owner of the orchard, he is not allowed to eat the fruit. There are two ways of
acquiring permission: Saraahatan (Explicitly Clear) or Dalaalatan
(Evidently implying). One is where explicit
(i.e. clear) permission is given, where the owner has said that whatever fruit have
fallen (from the tree) can be eaten. The second is when the permission is based
on the fact that it is well known and a common practice in such a place, that
the owners of the orchards do not forbid people from eating the fallen fruit.
However, it is not permissible to break the fruit from the trees and then eat
them. However, there is an abundance of the fruit and it is known that the owner
will not take offence in you doing so. Then to break the fruit from the trees
and eat them is also permissible. However, under no circumstance is it
permitted to carry away fruit from the orchard. [Alamgiri]
All the above mentioned rules are based on well known and common practice,
and if there is no prevalent and common practice prevailing there and one is
aware that eating from the orchard will be offensive to the owner, then to eat
from it is not permissible.
Law: During the autumn months, the trees shed
their leaves. If the leaves are useful, then to take them away is not
permissible. If they are of no use to the owner, like in our country (India)
when the trees shed their leaves, and the owner does not make use of them, but rather
those who use it in the furnace to parch grain take them away, then to take
such leaves is not objectionable. [Alamgiri]
Law: A person went to his friend’s home and
without permission, he ate whatever food he found there, or if he went into his
friend’s orchard, broke fruit of the tree and then ate it. If he knows that his
friend will not take offence to this, then it is permissible for him to do this.
However, he must contemplate accurately here, because in some cases it seems
like the friend does not take offence, but in reality such actions offend him. [Alamgiri]
Law: To slice the roti with a knife is the way of
the Christians. Muslims should abstain from this. However, there is no harm in doing
so, if there is a necessity, such as if one needs to slice the current day loaf
of bread, by cutting it into halves, so as to serve each person with one half
during a function or when milk bread is served. Similarly there is no harm in
slicing (carving) a whole roasted thigh piece.
Law: The manner of the Muslim is to sit on the
ground etc. when eating. To eat at a table whilst sitting on chairs, is the
manner of the Christians. We should avoid this. Muslims should emulate the
pious predecessors in everything that they do. We should never adopt the ways
of the unbelievers.
Law: When cooking leavened bread, yeast is
purchased from the baker and on the same token, the baker takes away a portion
of their flour. There is no harm in this. [Alamgiri]
Law: There are people who jointly collected money
and then prepared a meal, in which all of them will partake. All of them contributed
equal amounts of money, but some will eat more whilst others will eat less.
There is no harm in this. Similarly, if a few Musafirs (travellers) kept their
provisions together and then sat down to eat all together, there is still no
harm in doing this, even though someone may eat more whilst another might eat
less, or even if the provisions of some were good whilst the provisions of others
were not the same. [Alamgiri]
Law: When cleaning the teeth with a toothpick, if
any strands of food etc. come out of the teeth, it is best to discard of it.
However, if one swallows it, there is still no harm. One should not throw the toothpick
or anything else that was used to clean the teeth in front of anyone, but one
should keep it with him until such time that a basin etc. is brought around,
wherein it can be discarded. Do not make Khilaal of the teeth with picks from
fruit trees or flowers. [Alamgiri]
When making khilaal of the teeth it is best to use the toothpick acquired
from the Neem (Margosa)[4]
tree. The reason for this is that its bitterness helps to cleanse the mouth well
and it is also very beneficial to the gums. Broom sticks can also be used for
this purpose. This should only be done if they have not been used before.
[1] The above mentioned law should not be misunderstood by those who
use the, eat and vomit method when dieting or for other undesirable reasons. To
eat and vomit for such reasons is not beneficial in any way and causes harm to
the digestive system. In reality, it is an eating disorder which is very
harmful and commonly known as bulimia.
[2] Similarly, some people have an increase in lust (shahwat) after
eating meat. Such people should thus cut down in meat in their diet.
[3] Junub: A person in an impure state after sexualy intimacy etc. and
thus in need of taking the Fard (Obligatory) Bath.
[4] The
Margosa (Neem) is an evergreen tree found in semi and sub tropical regions,
common to India, Myanmar and Sri Lanka etc. It is also known as the azadirachta
indica.
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