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20,80324/01/2012

Ruling on pig bones and making use of them

Question: 171393

What is the ruling on importing bones from European countries, including pig bones (for use in producing wood adhesive and to produce calcium phosphate from them to be used in poultry feed)?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

It is not permissible to buy and sell pigs or any part of
them, such as the skin, bones and fat, because Allah, may He be exalted,
says (interpretation of the meaning):

“Say (O Muhammad ): ‘I find not in that which has been
inspired to me anything forbidden to be eaten by one who wishes to eat it,
unless it be Maytatah (a dead animal) or blood poured forth (by slaughtering
or the like), or the flesh of swine (pork, etc.) for that surely is impure”

[al-An‘aam 6:145]. 

Al-Jassaas (may Allah have mercy on him) said: Although meat
is singled out for mention, what is meant is all parts (of the pig). The
meat is only singled out for mention because that is what is mostly used and
sought from it.

End quote from Ahkaam al-Qur’aan, 1/153. 

It was narrated from Jaabir ibn ‘Abdullah (may Allah be
pleased with him) that he heard the Messenger of Allah (blessings and peace
of Allah be upon him) say in the year of the conquest when he was in Makkah:
“Verily Allah and His Messenger have forbidden the sale of alcohol, dead
meat (from animals that were not slaughtered properly), pork and idols.” It
was said: O Messenger of Allah, what do you think about the fat of animals
that were not slaughtered properly, for it is used to caulk ships and is
applied to leather and people use it to light lamps? He said: “No, it is
haraam.”

Narrated by al-Bukhaari, 2082; Muslim, 2960. 

Ibn Battaal (may Allah have mercy on him) said: The scholars
are unanimously agreed that buying and selling pork is haraam.

End quote from Ibn Battaal’s commentary on Saheeh
al-Bukhaari, 6/344 

Ibn al-Qayyim (may Allah have mercy on him) said: With regard
to the prohibition on selling pork, it includes the entire pig and all of
its parts, outside and inside.

End quote from Zaad al-Ma‘aad, 5/674 

But… If it is not possible to acquire pig bones except by
buying them and there is no other substance that can take its place, then
there is nothing wrong with you doing that because this is a case of
necessity, and necessity makes permissible that which is forbidden as Allah,
may He be exalted, said (interpretation of the meaning):

“while He has explained to you in detail what is forbidden
to you, except under compulsion of necessity”

[al-An‘aam 6:119]. 

Secondly: 

There is nothing wrong with making use of pig bones in the
way mentioned to manufacture glue, because bones come under the same rulings
as the fat of dead animals, and the hadeeth only forbade selling it, not
making use of it. Ibn al-Qayyim (may Allah have mercy on him) said: There
are two scholarly opinions concerning the phrase “it is haraam”. One is that
these actions are haraam, and the other is that selling is haraam if the
purchaser is buying it for that purpose. These two opinions are based on the
question of whether the prohibition applies to selling it for the purpose
mentioned or to the use mentioned. The former is the opinion favoured by our
shaykh and it is more likely to be correct, because when the Prophet
(blessings and peace of Allah be upon him) told them of this prohibition, he
was not referring to these uses of it;  rather he told them about the
prohibition on selling, then they told him that they trade in it for these
purposes, and he did not grant them a concession allowing them to sell it,
but he did not forbid them to use it in the ways mentioned. The fact that
something is permissible to sell does not necessarily mean that it is
permissible to use. And Allah knows best.

End quote from I‘laam al-Muwaqqi‘een, 4/248. 

So it is permissible to make use of these bones without
buying them. If there is a need for that and it is not possible to find them
except by buying, then it is permissible to buy them. 

And Allah knows best.

Source

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