Azami 5819

Muslim narrated it in the Book of Musaqah (1569) from Salama bin Shabib, who said, Hasan bin Ayan told us, Maqil told us, from Abu Zubayr, and he related it. It has also been narrated with the same meaning from Jabir bin Abdullah, from the Prophet ﷺ, that he forbade the price of a dog, and said, "It is filthy earning." Ahmad narrated it (14802) from Husayn bin Muhammad, who said, Abu Uways told us, Shurahbil told us, from Jabir, and he related it. Abu Uways is Abdullah bin Abdullah bin Uways Asbahi Madani, a relative and in-law of Malik. There is disagreement about him, but his hadith is hasan when he does not contradict others, and nothing has come that is objectionable regarding him. The same applies to Shurahbil, who is Ibn Saad Abu Saeed Madani, a freedman of the Ansar. There is also disagreement about him, but his hadith is hasan when he does not contradict others. Both of them added to the hadith, "It is filthy earning." This is shadh (anomalous), and what is preserved is the prohibition of the price of a dog, as in the narration of Muslim.As for what has been narrated from him, "The Messenger of Allah ﷺ forbade the price of a dog and a cat, except a trained dog or a hunting dog," this is daif. Ahmad narrated it (14411), and Abu Yaala (1919), and Daraqutni (3/73), all of them from the hadith of Abbad bin Awwam, from Hasan bin Abu Jafar, from Abu Zubayr, from Jabir bin Abdullah, and he related it. Daraqutni said, "Hasan bin Abu Jafar is daif." Nasai narrated it (4669) by way of Hajjaj bin Muhammad, from Hammad bin Salama, from Abu Zubayr, from Jabir bin Abdullah, and he related it. Nasai said, "This is munkar." And he said in another place (4295), "The hadith of Hajjaj, from Hammad bin Salama, is not sahih."Bayhaqi said (7/6), "The sahih hadiths from the Prophet ﷺ regarding the prohibition of the price of a dog are free of this exception, and the exception is only found in the sahih hadiths regarding the prohibition of keeping one. Perhaps this was confused for whoever mentioned it in the hadith about the prohibition of its price, among those narrators who are below the level of the companions and the followers." Among the companions, Jabir disliked the sale of the cat, and among the followers, Tawus and Mujahid did as well. However, the majority of the scholars, among them Malik, Shafii, Ahmad, and others, held that its sale is permissible, and they interpreted the prohibition as applying to a case where the cat is feral and cannot be handed over.As there is also some discussion among the scholars about some of its transmission paths, as Tirmidhi said (1279) after narrating it by way of Isa bin Yunus, from Amash, from Abu Sufyan, from Jabir, "The Messenger of Allah ﷺ forbade the price of a dog and a cat." It is also found in Abu Dawud (3479) by way of Ibrahim, from Amash. Tirmidhi said, "This is a hadith whose chain contains confusion, and it is not sound regarding the price of the cat. This hadith has been narrated from Amash, from some of his companions, from Jabir, and they became confused about Amash in narrating this hadith.""Some of the scholars disliked the price of a cat, while others permitted it, and this is the view of Ahmad and Ishaq. Ibn Fudayl narrated from Amash, from Abu Hazim, from Abu Hurairah, from the Prophet ﷺ, by a different route than this one." End of quote.I say, many of the scholars criticized this hadith of Jabir because of the disagreement among the narrators regarding Amash, and because some narrators added, in some of its transmission paths, "except a hunting dog," as Nasai narrated it (4295, 4668) by way of Hajjaj bin Muhammad, from Hammad bin Salama, from Abu Zubayr, from Jabir, and he related it. Nasai said, "The hadith of Hajjaj, from Hammad bin Salama, is not sahih." And he said on another occasion, "Munkar."However, the path that Muslim presented is a sound path with no defect in it. Bayhaqi extracted it (6/10) by way of Salama bin Shabib, and he made no comment on it whatsoever. He only commented on the paths narrated from Amash. After quoting the statement of Ataa, "There is no harm in the price of a cat," he said, "If the hadith is established, and its abrogation is not established, then the statement of Ataa cannot be applied against it." He also said, "Some scholars interpreted this as applying to a cat when it has gone feral, so that it cannot be handed over. Others claimed that this ruling was from the beginning of Islam, when the cat was judged to be impure, and then when its saliva came to be judged pure, its price became lawful. But neither of these two views has clear evidence to support it." End of quote.He also said in Sunan Sughra (5/214), in my edition titled Minna Kubra, "If Shafii had heard the report that came regarding this, he would have held it, Allah willing. The only reason it is not held is that some hesitated to establish the reliability of the narrations of Abu Zubayr. Abu Sufyan has also corroborated him, from Jabir, in this narration, by way of Isa bin Yunus and Hafs bin Ghiyath, from Amash, from Abu Sufyan." End of quote.