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Fatwa CenterOffering ivory and tusk as gifts
Question
Is it ok to ivory and elephant tusk offer as gifts?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
There are four opinions of scholars concerning the ruling of ivory or elephant tusk.
First, that it is impure. This is the opinion of Shafi'e , Ahmad and some Maliki scholars. al-Khattab said: '" al-Qadi said: 'The most apparent is that Malik forbids it' .
al-Nawawi said in al-Majmou: 'Our opinion is that the bone of the elephant is impure regardless of whether, it was taken of the elephant after its slaughtering or after a normal death' .
Ibn Qudamah said: 'The bones of dead (unslaughtered animals) are impure, regardless of whether the dead animal is of those whose meat is lawful or the ones whose meat is prohibited like elephants. These bones cannot be purified in anyway' .
Their evidence is the verse. Allah Says (interpretation of meaning): {Forbidden to you (for food) are: Al-Maytatah (the dead animals - cattle-beast not slaughtered), …} [5: 3].
And the bone is part of it. So, it is prohibited. The elephant's meat is prohibited. So, it is impure in all ways meaning it if it were slaughtered.
Second, that it is dislikable. This is an opinion in the Maliki school of Fiqh. In al-Mudawwanah: "I said: 'Did Malik dislike profiting from the bones of the Maytah (dead animal not slaughtered according to Sharia)'. Malik said: 'I do not think that the Maytah bones should be sold or bought neither should the tusk of the elephant. No one should trade with it or comb with its combs or anoint ones body with its grease' . Ibn Rushd said: ' Malik disliked the horn but did not forbid it' .
Third, if the elephant is slaughtered in a way that conforms with Sharia then it is lawful otherwise it is not. This is the most known opinion of Maliki 's.
In al-Fawakih al-Dawani: 'As for the tusk of the elephant that was slaughtered according to Sharia, or hunted, it is dislikable but not forbidden.
Ibn Shass also said: 'All animals except the pig become pure when slaughtered according to Sharia. So, all their parts, meat, bones, skin become pure …' .
Four, that it is absolutely pure. This is the Hanafi opinion apart from Muhammad Ibn al-Hassan . In the Fatawa Hindiya it says: 'The bone of the elephant is pure. This is the most correct opinion' .
The last opinion is the correct one and it is the view of Ibn Taymiyah and Ibn Wahb (a Maliki scholar). This is so because the impurity of Maytah is not related to their essence or substance, it is rather due to the running blood and the wet impurities and these do not exist in the bone. Narrated Anas that "The Prophet (Sallallahu Alaihi wa Sallam) used to comb his hair with an ivory made comb" . Abu Dawood reported from Thowban that the Prophet (Sallallahu Alaihi wa Sallam) said: "Buy Fatimah a decorated Yemeni cloth made necklace and two ivory made bracelets" . al-Zuhri said: 'The best of this Ummah used to comb their hair with elephant bone made combs' .
So, since the most preponderant opinion is that ivory and elephant dusk are pure, then it is lawful to offer them as gifts.
Allah knows best.
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