Chapter 4: The Principle Of Purity
Before being able to discuss the basis of this principle it is necessary to be clear about what Islamic law regards as pure, what it regards as impure, how items are rendered impure, and the means by which they may be cleansed of impurity.
The Arabic for impurity is najasah, and an item may be described as being impure - najis - or ‘impure in itself’ - najis al-'ayn.
Impurities
Islamic law considers the following to be impure:
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Urine of humans and animals - other than those that are lawful to eat - whose blood 'gushes out forcefully' when their jugular veins are slashed.
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The faeces of the above.
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Semen
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Human corpses and those of animals whose blood 'gushes out forcefully' when their jugular veins are slashed.
This includes animals that are lawful to eat but which have not been slaughtered in accordance with the requirements of Islamic law.
The following, when associated with dead bodies, are not considered najis as they are not normally defined as containing life - in the sense that no nerve systems pervade the substances themselves: bones, teeth, ivory, nails, hooves, claws, horns, hair, fur, wool and feathers.
Rennet taken from dead animals that are lawful to eat is not considered to be najis. Thus, there is nothing wrong in eating cheese made with animal rennet other than pig rennet.
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Blood of humans and animals whose blood 'gushes out forcefully' when their jugular veins are slashed. Fish and insect blood is regarded as pure because it does not gush in this way. The same applies to the occasional spot of blood in egg yolks that, although considered pure, is recommended not to be eaten.
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Dogs.
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Pigs.
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Wine, including all intoxicating beverages. This does not apply to alcohol required for anything other than its intoxicating property (e.g. alcohol additives in paint, cough syrup), or used in cosmetic products such as after-shave and eau de cologne. It should be noted that both fresh apple juice and bananas contain small percentages of alcohol, as do citrus-flavoured boiled sweets since citric essences are preserved in alcoholic solvents. Jurists agree that the above examples are legally regarded as pure.
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Atheists/agnostics/idol-worshippers. Followers of Divine Scriptures such as Christians and Jews are not considered to be impure unless they have been in physical contact with things that are regarded as being impure.
Some jurists regard Christians who believe in the Trinity as not following Holy Scripture and therefore impure.
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The sweat of animals that persistently consume impure things - and are defined as jalalah.
How Items Are Rendered Impure
When an item defined as 'pure' comes into physical contact with any of the above impurities - if either of them is moist - the pure item is rendered impure. In Arabic, such items are referred to as mutanajis. The essential aspect of mutanajis is dampness or moistness, for, when a hand soiled by urine - that has dried before it has been cleaned - is brought into physical contact with anything else, it does NOT transfer impurity. Thus, the dry hand that has patted the dry coat of a dog is not regarded as najis.
The important question is, then, does najasah transferred from one moist item to another retain the ability to indefinitely transmit such najasah? Is this process continued ad infinitum to affect everything that is brought into contact, directly or indirectly, with the original najasah?
For example, a person's hand rendered impure by urine, being brought while it is still wet, into contact with their shirt that is moist with perspiration. If that person then leans on a chair or dries themselves with a towel, is the najasah then transmitted by the towel or chair to other items brought into contact with them?
Fuqaha in the past would have considered it valid to regard najasah as retaining an indefinite ability to be transmitted from one item to another. However, both my respected teachers, Ayatollah Milani and Ayatollah Khoei, were of the opinion that this is not the case. Based on their methodology of ijtihad, the transmission of najasah ends after a second item has been rendered impure.
For example, if the right hand of a person becomes impure via contact with urine, and while still wet is touched by his/her left hand, the left hand is also rendered impure. Even if the moisture on the now impure left hand has dried it will still transmit the najasah to a wet cloth and render that impure too. However, if that cloth is later brought into contact with another wet item, that impurity is no longer transmitted; i.e. the fourth item is not considered to be impure.
I support their view and regularly discuss the full detail of the logic that underpins such legal opinion with students at the level of Bahth al-Kharij. At this juncture it must be made clear that the subject of legal purity is in no way to be confused with guidelines regarding hygiene and the transmission of pathogens. In circumstances concerning issues of hygienic risk, the faqih will take into consideration the principle that, 'Islamic law does not occasion harm' (see chapter 5).
Purifying Agents
Islamic law acknowledges the following to be purifying agents:
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Water. This is based upon the following Qur'anic ayat 8:11 and 25:48. It is obvious that water contaminated by impurity, particularly when its colour and odour have become tainted, cannot be utilized in the process of purification.
Despite fruit juice consisting largely of water, it is not legally defined as water and therefore cannot be used as a purifying agent.
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Earth. The soles of feet or shoes are purified when the earth is dry and uncontaminated by anything ‘impure in itself’ - najis al-'ayn.
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Transformation - istihalah. This refers to all of the chemical changes required to transform one substance into another. For example, vinegar is obtained by the acetic fermentation of dilute alcoholic liquids (as fermented cider, malt beer or wine) or of dilute distilled alcohol that is often seasoned with herbs such as tarragon). Thus, wine vinegar, spirit vinegar, etc., are all lawful and pure.
A sperm is considered impure but after being transformed into a human being is regarded as pure. A dog that dies in a saltpan and is, after a period, itself transformed into salt can no longer be considered to be anything other than pure salt.
Indeed, all substances derived from impure creatures that have been broken down into their chemical constituents, such as the MMR vaccine, derived from pig intestines, have been transformed from one thing into another. Thus, they are regarded as being lawful and pure and there is no Islamic reason to refuse MMR inoculations.
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Islam. The pronouncement, by an unbeliever, of the two declarations of faith -Shahadatain - regardless of the tongue they use to renounce them in, is considered to have purified them. Of course, if there is a substance on them that is ‘impure in itself’ - najis al-‘ayn - it will need to be washed from their bodies with water.
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Interdependence. This is applicable to two specific circumstances:
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Children of unbelievers who have embraced Islam are considered to be Muslim and pure.
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Vessels that contain wine that is being transformed into vinegar are considered to be pure.
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Drainage of blood. After slaughter, when the blood of the animal has been drained and the wound in its throat washed, any retained internal blood is considered pure.
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The sun. Earth, buildings and trees tainted with impurities are purified by sunlight, providing nothing that is najis al-‘ayn remains on them after rainfall or being washed.
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Confinement. Applies specifically to jalalah animals which are only returned to purity by being prevented from eating najasah for the following time periods:
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Camel – 40 days
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Cows – 20 days
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Goats – 10 days
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Sheep – 10 days
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Ducks – 5 days
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Chicken – 3 days
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Reliance upon a Muslim. When clothes, carpets and household utensils, in the possession of a Muslim, are seen to have become impure, if the person is acknowledged to be a practising Muslim one may depend on that acknowledgement to accept that such items in his/her possession will be/have been, purified of najasah.
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Removal of najis al-‘ayn. This applies to the removal of najasah from the mouth, nose or ears. Once blood or other najasah has been removed, they are considered pure and not in need of washing.
Now To ‘The Principle Of Purity’ Itself
It is generally accepted by all the schools of Islamic law that unless one is certain of the above impurities being present, things are to be presumed to be pure. Thus, everything is regarded as pure unless it is apparent that it is not.
For example:
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The principle of purity assures Muslims, who buy houses from nonMuslims with no awareness or understanding of the Islamic concept of purity, that such homes are pure and without need of cleansing - unless visible evidence of najasah is found on any surfaces.
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Similarly, the principle of purity assures Muslims travelling in nonMuslim lands that they should rely on the purity and suitability of the towels and sheets provided in hotels.
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The principle of purity indicates that in the absence of certainty that intoxicants are included in beverages, Muslims should rely on them being pure and suitable to drink.
The basis of 'the principle of purity' is ‘Ammar's report that Imam al-Sadiq (‘a) told him, ‘Everything is regarded pure in the absence of certainty that it is impure. For, while one is unaware of the presence of impurity one cannot possibly be bound by restrictions regarding them’.1
- 1. Wasa'il al-Shi’ah, Vol. 3, p. 467.