Purification in Islamic Jurisprudence (Part 6)

Rulings on the Non-Believer (Kafir), Wine, Beer (Faqqa’), and the Sweat of an Animal that Eats Impurities

In this section, the final three of the ten intrinsic impurities (najasaat ‘ayniyyah) are examined:

• The non-believer (kafir)
• Wine and beer (faqqa’)
• The sweat of an animal that eats impurities

Islamic law provides a multi-layered framework—jurisprudential, ethical, spiritual, and social—for the above subjects to ensure that ritual purity is maintained while a life of faith continues with peace of mind, rationality, and freedom from obsessive doubt.

1. Jurisprudential Rulings: Sharia Criteria and Juristic Views
2. A) The Ruling on Non-Believers and Prominent Jurists’ Views on Human Purity

• Legal Definition of Kafir: One who denies God, His Monotheism, the Prophethood of the Prophet of Islam (peace be upon him and his progeny), or any of the essential principles of the faith—with full awareness of its essential nature.
• People of the Book (Jews, Christians, and Zoroastrians): According to the majority of contemporary jurists, including Grand Ayatollahs Khamenei, Sistani, and Makarem Shirazi, the People of the Book are intrinsically pure (tahir). Socialising with them does not cause ritual impurity.
• Non-People of the Book (Polytheists and Atheists):
  • The Majority View of Early Jurists: They issued rulings of intrinsic impurity (najasaat ‘ayniyyah) regarding their physical bodies.
  • The View of Intrinsic Human Purity: A group of prominent later Shia jurists, citing human dignity and the principle of purity (asalat al-taharah), consider all human beings to be intrinsically pure, interpreting references to impurity as “spiritual” or “accidental”. Scholars holding this view include Ibn al-Junayd al-Iskafi, Muqaddas al-Ardabili, Sahib al-Madarik, Ayatollah Sayyid Muhsin al-Hakim, Ayatollah Sayyid Muhammad Baqir al-Sadr, and Ayatollah Sayyid Muhammad Hussain Fadlallah.

1. B) Wine, Intoxicants, and Beer (Faqqa’)

• Wine and Intoxicating Liquids: Intrinsically impure (najis) and their consumption is strictly forbidden (haram).
• Beer (Faqqa’): A foamy barley drink that is intoxicating; its ruling is identical to wine—impure and forbidden (even if its alcohol content is negligible).
• Industrial and Medical Alcohols: Pure, such as the alcohol found in perfumes, colognes, and disinfectants.

1. C) Sweat of an Animal that Eats Impurities (Jallal)

• Criterion and Ruling: A lawful-meat animal that habitually consumes human faeces is termed jallal. According to the majority of jurists, its sweat is impure or subject to strict precautions. Performing prayers in clothes contaminated by it is invalid until the animal undergoes istibra’ (reconditioning with clean feed for a prescribed period).

2. Human Dignity, Obligation, and Moral Conduct

• A jurisprudential ruling of impurity never serves as a licence for disrespect, violence, or the violation of human rights.
• The Qur’an emphasises fair treatment, benevolence, and trustworthiness towards all human beings.
• Rulings of ritual purity belong to the realm of worship and must not be converted into tools of humiliation or unethical behaviour.

3. Safeguarding Intellect, Inner Purity, and Preventing Obsessive Doubt

• The prohibition of wine and intoxicants exists to preserve the intellect, which is the prerequisite for religious accountability and spiritual growth.
• Through the principle of “purity in cases of doubt,” Islamic law prevents obsessive-compulsive doubts (waswas), anxiety, and unwarranted hardship.
• In modern life, one is not required to obsessively investigate the ritual purity of public amenities, hotels, medicines, and similar items.

4. Ecological Order, Public Health, and Civic Interactions

• The prohibition of wine safeguards society, as intoxicants lie at the root of numerous moral, domestic, and social harms.
• Distinguishing ritual purity from social relations enables believers to participate in academic, economic, and international spheres without disruption.

5. Practical Rulings on Contemporary Issues

• Alcohol in Colognes and Cosmetics: Pure (tahir) and does not cause ritual impurity.
• Non-Alcoholic Industrial Malt Beverages: Because they lack the foam and fermentation characteristic of faqqa’, they are pure and permissible.
• Public Amenities: Unless there is absolute certainty of impurity, everything is judged as pure.
• Alcoholic Medicines: If no alternative exists and there is a genuine medical necessity, their consumption is permitted.

6. Frequently Asked Questions (According to Contemporary Authorities)

• Public Amenities While Travelling: The default principle is purity; investigation and obsessive doubt are forbidden.
• Sweat of an Impurity-Eating Animal: According to the rulings of Ayatollah Khamenei and Ayatollah Makarem Shirazi, the sweat of such animals is impure. Ayatollah Sistani holds that this sweat is pure, though praying in clothing contaminated by it is subject to precaution.
• People of the Book: In the past, many jurists considered the People of the Book to be impure; however, today most authorities, including Grand Ayatollahs Khamenei, Sistani, and Makarem Shirazi, have ruled them to be pure. These jurists also state that investigating the religious beliefs of individuals in society is unnecessary.
• Non-People of the Book: In contemporary rulings, the impurity of non-People of the Book is often expressed through the phrase “mandatory precaution” (ihtiyat wajib). This demonstrates that unbelief is a precise and restricted legal term, and one cannot broadly apply it to every non-Muslim.

Is Considering a Non-Believer Impure an Insult to Their Humanity?

It may be asked: “If a human being is considered impure because of their belief, is this not an insult to their human dignity?”

The answer is that in the logic of Islamic jurisprudence, ritual impurity (najasah) does not equal a lack of worth or human degradation. Rulings of purity and impurity constitute a devotional and practical system and should not be turned into a judgement on the existential worth of a human being. The Noble Qur’an attributes dignity to the fundamental reality of being human:

“And We have certainly honoured the children of Adam” (Al-Isra, 70)

This dignity, in its original Qur’anic expression, is attributed to “the children of Adam”, not exclusively to Muslims. For this reason, even where a jurist holds a ruling of ritual impurity for a group of non-Muslims, this ruling cannot serve as a licence for oppression, insult, humiliation, injustice, or the denial of their human rights. Regarding non-Muslims who are not at war with Muslims, the Qur’an explicitly states:

“God does not forbid you from being good and just to them” (Al-Mumtahanah, 8)

Therefore, human dignity, justice, and good social conduct are one matter, while the jurisprudential ruling of purity and impurity is another.