Dog (kalb), fiqh rulings

The dog (kalb) is, in lexical sense, any fanged predator, and in law the animal that barks; sabʿ, predator, is wider than it, since every dog is a predator but not every predator is a dog ^{1 2}.

The pig shares with the dog the impurity of its substance, the prohibition of eating its flesh and of using its milk, hair and skin; the majority hold this even after tanning ¹.

All agree that a dog may be kept only for a need, such as hunting, guarding or another lawful use. The Malikis dislike keeping one except for crops, livestock or hunting. A hadith says that one who keeps a dog other than for livestock, hunting or crops loses a daily measure of his reward. The Shafi'is require giving up a dog when the need ends, and allow rearing a pup likely to be trained; the Hanbalis hold keeping one to guard houses not permitted in the sounder view ^{2 3}.

Picking up an animal that cannot defend itself is allowed, among small predators. The Malikis allow picking up a permitted dog, to be announced for a year, after which it becomes the finder's; the Shafi'is prefer picking it up only to keep it safe; the Hanbalis do not allow picking up what can defend itself by its size, speed or fangs. The Shafi'is allow a bequest of a trainable dog, not a vicious one ³.

The majority hold that usurping a permitted dog is compensable by its value and must be returned; a non-permitted dog carries no compensation. The Hanbalis hold that a permitted dog must be returned, and its killer owes nothing ⁴.

Taking game by a dog requires that it be trained, by agreement. The Hadith of Adi ibn Hatim (may God be pleased with him) says that if one releases a trained dog and names God, one may eat what it catches, even if it kills, unless another dog that is not trained is with it. Training requires that the dog run when sent, stop when called, and not eat what it holds ⁴.

The Hanafis forbid hiring a dog, since guarding cannot be imposed by beating. Al-Nawawi holds hiring a trained dog void in the sounder view; Ibn Qudama does not permit it. The Shafi'is and Hanbalis forbid selling a dog outright, on the hadith forbidding the price of a dog; the Hanafis and Sahnun allow it, and the Malikis have three views on a permitted dog, the firm one being prohibition ^{4 5}.

The Shafi'is, Hanbalis and the well-known Maliki view hold that a dog's hide is not purified by tanning, since its substance is impure; a narration of Sahnun and Ibn Abd al-Hakam holds all hides are purified by tanning. Most jurists forbid lighting with an impure substance in mosques, and the Shafi'is allow it outside them with disapproval ^{5 6}.

The Malikis recommend washing the vessel seven times without earth; the Hanafis require three washings; the Shafi'is require seven, one with earth. Ibn Rushd explained the rule as a precaution against the venom in the saliva. Where a dog licks several times, the Malikis require one seven-fold washing, and the Shafi'is hold three views, the soundest being that seven suffice for all ^{7 8}.

Most jurists hold that passing in front of a worshipper, beyond a barrier, does not void prayer but lessens it. Ahmad, reported by a group, held that only the black dog voids it, as Aisha and others did, on the hadiths of Abu Hurayra (may God be pleased with him) and Abu Dharr ^{8 9}.

Most jurists forbid eating the meat of any animal with fangs that it hunts with, whether domestic or wild ⁹.

The Malikis hold that most dogs may not be killed except a vicious one that harms, and that the order to kill dogs was abrogated; the Shafi'is dislike killing one with no benefit or harm; the Hanbalis forbid killing a trained dog and allow killing a black or vicious one ^{10 11}.

Killing a vicious dog in the sanctuary is allowed by agreement, and the Hanbalis require it. Harm to a non-vicious dog must be prevented and its life kept, on the hadith of the man who gave water to a thirsty dog and was forgiven; most jurists require a worshipper who has water and fears for a dog's life to give it, even if that leads him to dry ablution ^{11 12}.