Chapter IV: Lawful and Unlawful
A lawful thing is what is naturally free from unlawful things, such as the water of sky. Before it goes into the possession of there, The people take it and store it in their lands. An unlawful thing is that which is naturally unlawful for its own defect, such as intoxicant, wine, stool or that thing which is earned by unlawful method, such as the earnings by oppression, interest, etc. These are fixed, open and clear. In between these Halal and Haram or lawful and unlawful things, there are doubtful things which change the condition of Halal and Haram. A lawful thing become unlawful when it goes into possession of another for which doubt arises in most cases. If a man gets a fish and thinks that it has come from the possession of another, there arises doubt in his mind whether it is lawful or unlawful for him. This doubt should have reason and not only mere conjecture. Doubt arises out of two conflicting beliefs which come into clash with each other.
DOUBT ARISES OUT OF FOUR PLACES
(1) First place is doubt in the course of Halal and Haram: It has got four classes — (1) A man knows a thing to be unlawful before but doubt arises in the matter of its being lawful. It is compulsory to give up this doubt and to take it as unlawful. For instance, an hunted animal falls into water and it is lifted up as dead from water. To eat its meat is unlawful . There is no place of doubt in it. The Prophet said to Ad: Don't eat it. your dog
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perchance has not killed it. Whenever anything was brought to the Prophet, he used to enquire if doubt arose in his mind, till he knew whether it was present or Zakat. (2) Though a thing is lawful, yet one doubts that it may be unlawful. The thing is basically lawful but owing to peculiar circumstances, one doubts whether the legality of that thing still remains. For instance, two men quarrelled with each other, one man said to another : Your are a hater. A God-fearing man should leave them on doubt : (3)
A thing is basically unlawful but a cause prevails upon it so strongly that it becomes lawful. It becomes a subject matter of doubt and becomes strong of its being legal. For instance, an animal after being shot disappeared. Afterwards it was found with signs of only shooting in its body. It might be that it died owing to other reasons. Thus doubt arises weather its meat is lawful. A"GoU-feaftng" man refrains fromeating its meat. The Prophet said : Eat it although it disappear from you till you find the si gn of your arrow on its body (4) A thing is knowingly lawful, but it becomes unlawful at last owing to the decision of Shariat. For instance, a pot is lawful but doubt arises whether there is any impurity in it. So to drink water from it becomes unlawful.