Imam ash-Shirāzi, may Allāh have mercy upon him, in the Muhaźźab said

If the khinzīr licks, Ibnu al-Qāś mentioned: Imam ash-Shāfi’ī said in the Qadīm: “It is to be washed once.” The rest of our aśhāb said:

It requires seven (7) times. And his saying in the Qadīm is mutlaq (unrestricted). This is because he said: “It is to be washed.” And what he meant by this is seven (7) times. And the proof of it is that the khinzīr is of a worse condition than the kalb, from the standpoint of the number of washings it deserves.

Commentary

Imam an-Nawāwi, may Allāh have mercy upon him, in the commentary of the above said:

 To sum up what is being said by ash-Shirāzi, is that with regard to the licking of the khinzīr are two tarīqs (transmissions of the maźhab). The first tariq, which is the tariq of Ibnu al-Qāś, has two qauls (opinions of ash-Shāfi’ī). The first qaul is that one washing without soil suffice, just like the rest of the najis (filth). The second qaul is that it is obligatory with seven (7) washings, with soil. The second tarīq is that it is absolutely necessary to wash it seven (7) times. This is the opinion of the jumhūr. They interpreted the naś (saying of ash-Shāfi’ī) in the Qadīm as suggested above by ash-Shirāzi.

Know that the rājih (relied upon) view, considering the proofs, is that one washing without soil suffices. This is the opinion of the majority of the ‘ulamā’ that are of the opinion that the khinzīr is najis. This is the mukhtār (lit: chosen, term: rājih view considering the proofs). This is because the aśl is: absence of obligation until it is sought by the shari’ah. This is especially so since this matter is built upon ta’abbud (purely out of servanthood, ie on grounds incomprehensible or lack of ‘illa- rationale). Amongst those who are of the opinion that it is necessary to wash seven times are Ahmad and Mālik in a narration from him. The author of al-‘Udda said: This khilāf (difference of opinion) with regard to the khinzīr proceeded with regard to the case when one of the parents is either a khinzīr or a kalb. The author of at-Talkhīś with regard to the mutawallad (the one born) between the khinzīr and the kalb mentioned two qauls. This is śahīh because the shari’ah is indeed what is mentioned with regard to the kalb. On the contrary, this mutawallad is not named/referred to as “kalb”.

Other Body Parts of the Kalb

Section: important matters related to licking in brief. #1 our aśhāb said: There is no difference between the licking of the Kalb and its other body parts. Therefore, when it’s urine, dung, blood, sweat, hair, saliva or bodily member touches anything tāhir (pure) whereby there is moistness in either the kalb’s bodily member or the pure thing, seven (7) washings of the pure thing, one of it with soil becomes compulsory. The author ash-Shirāzi mentions this in the beginning of the licking issue.

It is said, it’s washing for other than licking suffices with one washing just like for other najis.  Al-Mutawallī, ar-Rāfi’ī and others transmitted this. This wajh (opinion of the aśhāb) is the muttajah (preferred) and qawī (strong) as far as the dalīl (proof) is concerned. This is because the command to wash seven (7) times due to the licking, indeed was to repel them from co-consuming with a kalb, while this ‘illa is absent in the aforementioned cases (i.e. Body parts of the kalb) other than licking. The masyhūr in the maźhab is that it is obligatory to wash it seven (7) times, one of it with soil. This is because it is more effective in repelling people from both approaching it and acquiring it i.e. the kalb.

And Allāh knows best.

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