#1153: Ruling on Killing Black Dogs

QUESTION:

“Sallam alaykum Ya Shiek,Pls what is the Islamic Scholarly ruling on black dog,are they to be killed or not,jazakumullahu khyran”

ANSWER:*

Wa Alaykum Salam Warahmatullah Wabarakaatuh

As for the killing of Dogs generally then know that there are three categories of dogs:

The first, that which the Shariah has permitted its raring and its keeping such as the hunting dog, that which is used to guide the Cattle or to guard the farmhouse, and its likes. As for this, it is not permissible to kill it and the killing of it is oppression and Haraam by consensus.

Imaam Muwaffaquddin Ibn Qudaamah Al-Maqdisi rahimahullah mentioned this in Al-Mughni.

The second, the rabid dog that harms and attacks people. The Fuqahaa are at consensus on the permissibility of killing this kind of dog. Rather, it’s Obligation.

Imaam An-Nawawi rahimahullah mentioned this in the Shar’h of Sahih Muslim.

The third, the black dog. As for this, in the Hadith that was recorded by Imaam Muslim in his Sahih from Jaabir bn Abdillah radiyallahu anhu, he said:

أَمَرَنَا رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِقَتْلِ الْكِلَابِ ، حَتَّى إِنَّ الْمَرْأَةَ تَقْدَمُ مِنَ الْبَادِيَةِ بِكَلْبِهَا فَنَقْتُلُهُ ، ثُمَّ نَهَى النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ قَتْلِهَا ، وَقَالَ: (عَلَيْكُمْ بِالْأَسْوَدِ الْبَهِيمِ ذِي النُّقْطَتَيْنِ ، فَإِنَّهُ شَيْطَانٌ ).

“The Messenger of Allah salallahu alayhi wasallam commanded us to kill the dogs (and we implemented that) to such an extent that even if a woman comes from the hinterlands with her dog we will kill it. Then thereafter the Prophet salallahu alayhi wasallam forbade its killing and said ‘Pay attention only to the one which is completely black and had two white dots over its eyes for it is the Shaytaan’ ”

As for the black dog, the Scholars differed as to the use of this Hadith as it comes here. This is because some of the Ulamaa mentioned that the command to kill the dog was Initial and was later abrogated in later period and the Companions were prevented from their killing. And there is a Hadith in which the Rasul salallahu alayhi wasallam forbade the killing of any living thing by using it as a target for shooting:

لاَ تَتَّخِذُوا شَيْئًا فِيهِ الرُّوحُ غَرَضًا

“Do not use any living thing for target shooting”

Yet, some of the Ulamaa interpreted the command to kill the black dog as the same as the Hadith on the rabid dog. But this position is weak.

What is correct is that it is permissible to kill the black dog that is entirely black and has two white patches above its eyes. This was mentioned by Ibn Qudaamah in Al-Mughni.

The Fourth, other dogs not in any of the three categories mentioned above. The Ulamaa differed on this.

The position of Imaam Malik and the Jurisconsults in his School is the permissibility of killing all dogs except that whose possession and keeping is permissible such as the hunting dog. Qaadi ‘Iyyaadh mentioned this in the Ikmaal.

The position of the Hanafis and the apparent position with the Shaafi’i Imaams is the impermissibility of killing dogs except the one which harms. This was mentioned in Ad-Durru Al-Mukhtaar.

The position in the Hanbali School is the permissibility of killing only the full black dog and the dog which harms. This was mentioned by Ibn Qudaamah Al-Maqdisi rahimahullah in Al-Mughni.

It is important to note that though the Hanbalis hold that it is permissible to kill the black dog, they never held that it was obligatory.

And Allah knows best.

Barakallahu fikum
Jazakumullahu Khayran.

Abū Āsim

27th Rabī’uth Thāni, 1443AH.

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