بسم الله الرحمن الرحيم

Answer To Question

Question:

A: People donate blood to blood banks for free for reasons that are well known, the blood banks carry out checks on this blood and if it is found to be safe, it is then used on other patients. But if the blood is found to be contaminated or if has any type if virus of Hepatitis or AIDS for instance, then such quantity of blood is disposed off.

Now we require such contaminated blood for our laboratory to to carry out investigations. Is it permissible for us to obtain such blood for blood banks free of cost and carry out tests on it and then safely dispose the remaining quantity of blood without causing any harm to any one or the environment?

B: In some cases, we purify the virus-contaminated blood of the virus during the investigation process which are complex and expensive and are able to isolate the virus some of which are then used in our laboratory to develop scientific research and manufacture reagents. We then sell the other portions to different laboratories, and if we are unable to isolate viruses, we purchase such virsues from other laboratories.

Is it permissible to buy and sell viruses for such purpose?

Answer:

Before we reply, we would like to clarify the following:*

1: Blood is unclean and forbidden.

As for the evidence of human blood unclean, there is a hadith in narrated in Bukhari and Muslim on the authority of Asma (r.a), she says: “A woman came to the Prophet (saw) and said: “ What do we do when one of us soils her dress with the blood of menstruation?” The Prophet (saw) told her: “she must take hold of the blood spot, rub it and wash it with water and then pray with it.” The very fact that it was ordered to be washed before one could pray in such dress, points to it being impure and unclean.

As for the evidence of it being prohibited to eat and drink etc., Allah (swt) said:

}حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنْزِيرِ…{

“Forbidden to you (for food) are: Al-Maitah (the dead animals – cattle – beast not slaughtered), blood, the flesh of swine, [TMQ al-Maaidah: 003]

}قُلْ لَا أَجِدُ فِي مَا أُوحِيَ إِلَيَّ مُحَرَّمًا عَلَى طَاعِمٍ يَطْعَمُهُ إِلَّا أَنْ يَكُونَ مَيْتَةً أَوْ دَمًا مَسْفُوحًا أَوْ لَحْمَ خِنْزِيرٍ فَإِنَّهُ رِجْسٌ أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَإِنَّ رَبَّكَ غَفُورٌ رَحِيمٌ…{

“Say (O Muhammad [sal-Allâhu ‘alayhi wa sallam]): “I find not in that which has been revealed to me anything forbidden to be eaten by one who wishes to eat it, unless it be Maitah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of swine (pork); for that surely, is impure or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for others than Allâh (or has been slaughtered for idols, or on which Allâh’s Name has not been mentioned while slaughtering). But whosoever is forced by necessity without wilful disobedience, nor transgressing due limits; (for him) certainly, your Lord is Oft-Forgiving, Most Merciful.” [TMQ al-An’aam:145]

2: Extracting benefit from unclean and prohibited things is forbidden, and among evidences for it are:

Bukhari has narrated on the authority of Jaber ibn ‘Abdullah (r.a) that he heard the Prophet (saw) said while in Makkah:

«إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ وَالْمَيْتَةِ وَالْخِنْزِيرِ وَالْأَصْنَامِ فَقِيلَ يَا رَسُولَ اللَّهِ أَرَأَيْتَ شُحُومَ الْمَيْتَةِ فَإِنَّهَا يُطْلَى بِهَا السُّفُنُ وَيُدْهَنُ بِهَا الْجُلُودُ وَيَسْتَصْبِحُ بِهَا النَّاسُ فَقَالَ لَا هُوَ حَرَامٌ ثُمَّ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عِنْدَ ذَلِكَ قَاتَلَ اللَّهُ الْيَهُودَ إِنَّ اللَّهَ لَمَّا حَرَّمَ شُحُومَهَا جَمَلُوهُ ثُمَّ بَاعُوهُ فَأَكَلُوا ثَمَنَهُ»

I heard Allah’s Apostle, in the year of the Conquest of Makkah, saying, “Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols.” The people asked, “O Allah’s Apostle! What about the fat of dead animals, for it was used for greasing the boats and the hides; and people use it for lights?” He said, “No, it is illegal.” Allah’s Apostle further said, “May Allah curse the Jews, for Allah made the fat (of animals) illegal for them, yet they melted the fat and sold it and ate its price.”

In Tahdheeb al Aathaar of Tabari, there is a narration by Jaber (r.a) who says that the Prophet (saw) said:

«لا تَنْتَفِعوا مِنَ الميْتَةِ بِشَيْءٍ»

“Do not utilise or take advantage of the dead at all.”

The skin of the dead is an exception to the above as as has been narrated in Abu Dawood on the authority of Ibn ‘Abbas and Wahb from Maymoonah, she says that a sheep was given to our servant as charity and it died. The Prophet (saw) passed by it and said: “Have you tanned its skin or used it? They said, O Allah’s Prophet (saw), it is dead. He (saw) said: “Indeed its eating is forbidden.”

Bukhari has a narration on the authorty of Jaber ibn ‘Abdullah (r.a) that he heard the Prophet (saw) say in the year of Fatah Makkah whilst he was in Makkah:

«إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ».

“Indeed Allah (swt) and His Messenger have forbidden the sale of intoxicants.”

Bukhari has another narration on the authority of Anas (r.a). He says that on that day I was at the house of Abu Talha (r.a) and al-Fadikh wine was being served when the Prophet (saw) ordered his man to announce “Beware,! Wine has been forbidden”. SO Abu Talha asked me spill the wine so I came out and spilled the wine. The streets of Madeenah were flowing with wine.

Abu Dawood has a narrartion on the authority of Abu Hurairah (r.a) that the Prophet (saw) said:

«إِنَّ اللَّهَ حَرَّمَ الْخَمْرَ وَثَمَنَهَا وَحَرَّمَ الْمَيْتَةَ وَثَمَنَهَا وَحَرَّمَ الْخِنْزِيرَ وَثَمَنَهُ».

Allah (swt) has forbidden wine and its price; forbidden carron and its price; and forbidden pork and ts price.

3: Medical treatment is an exception to such prohibition and use of prohibted and unclean things is allowed for medical purpose:

The fact of medical treatment not being haraam s substantiated in a narration by Muslim on the authority of Anas (r.a), he says that “the Prophet (saw) allowed that Allah’s Prophet (saw) had granted concession to Abd al-Rahman b. Anf and Zubair b. ‘Awwam for the wearing of a silk shirt during the journey and because of itch which they both had or any other disease from which both of them had been suffering.” Wearing of silk is forbidden for men, but is allowed for medical reasons. Similarly, there are narrations in Sunan an Nasai,Abu Dawood, and Tirmidhi: Abdur Rahman bin Turfah reports from his grandfather ‘Arfajah bin As’ad who says that his had his nose cut off at the battle of al-Kilab got a silver nose, but it developed a stench, so the Prophet (saw) ordered him to get a gold nose.” Gold is forbidden for men, but its use is allowed for medical purposes.

As for use of unclean things not being haraam for medical purpose, it is narrated in Bukhari on the authority of Anas (r.a) “Some people came to Madinah and (they became ill, so) the Prophet ordered them to go to the herd of (Milch) she-camels and told them to go out and drink the camels’ urine and milk (as a medicine). So they went and drank it…”. When the people became ill, the Prophet (saw) permitted them to use ‘urine’ which is unclean. Bukhari has narrated on the authority of Abu Hurairah (r.a), he says: A Bedouin stood up and started making water in the mosque. The people caught him but the Prophet ordered them to leave him and to pour a bucket or a tumbler of water over the place where he had passed the urine. The Prophet then said, “You have been sent to make things easy and not to make them difficult.”

4: In origin, thngs are permitted unless there is an evidence to the contrary, the evidence for this are the Words of Allah (swt):

]أَلَمْ تَرَوا أنَّ اللهَ سخَّرَ لَكُمْ مَا في السَّمواتِ ومَا في الأرْضِ[ لقمان/آية20.

“See you not (O men) that Allâh has subjected for you whatsoever is in the heavens and whatsoever is in the earth,” [TMQ Luqmaan: 020]

]أَلَمْ ترَ أَنَّ اللهَ سخَّرَ لكُمْ مَا في الأرض[ الحج/آية65.

“See you not that Allâh has subjected to you (mankind) all that is on the earth,” [TMQ al-Hajj: 065].

]وسخّر لكم ما في السموات وما في الأرض جميعاً منه[ [الجاثية 13].”

“And has subjected to you all that is in the heavens and all that is in the earth; it is all as a favour and kindness from Him. Verily, in it are signs for a people who think deeply. [TMQ al-Jaathiyah:013]

From these texts, it becomes clear that the Legislator has permitted all things which means that they are allowed, i.e. the opposite of haraam. Hence the prohibition of certain things requires text that make an exception to it being permissible in origin. Thus the original rule for things is permissibility unless there is a text providing evidence for it being prohibited.

This rule is different to actions which in origin are subject to the Shara’ii command which makes actions either as “Obligatory, recommended,…etc… and ths requires a reason, condition etc. as is known in the science of the principles (Usool).

* Hence the answer to the two questions would be as follows:

First: If the investigations on the contaminated blood are medical/pathological investigations, i.e. they are meant to diagnose a disease and treat it with appropriate medication etc., then these are permitted. But if the investigations on the contaminated blood are not related to any medical/pathological investigation or finding a medicine to cure such disease etc., then these are not be permitted.

This is because blood is unclean and forbidden and as such it is permitted only for medical purposes.

Secondly: If the isolation of the ‘virus’ from the blood is meant to carry out investigation and medical research, then it is permitted, i.e. if the contaminated blood is subjected to laboratory tests in order to isolate the virus from it and this is done with objective of carrying out medical tests on the virus so that appropriate medicine could be developed, then it is permitted.

However, if the process of isolating the virus from the blood was meant for non-medical purposes, then it is not permitted because the contaminated blood is impure and forbidden, and as such taking any advantage from it is not permitted.

Thirdly: The viruses are clean since there is no evidence reported on their prohibition, thus is it clean in accordance with above-mentioned Shara’ii rule. Thus if the virus was found alone/isolated i.e. not contaminated with the blood, then its sale, purchase as well carryng out any investigation will be permitted. As a matter of fact the scientific tests must be meant for the benefit of human beings and not to cause harm because the Prophet (saw) said: “Do no harm and do not be harmed”.

22^nd Safar, 1432 A.H

26^th January, 2011 C.E