Question:
Assalamualaikum SS Mufti. I have a question on the ruling of trading swine leather shoes. I bought a pair of shoes and when I inspect it closely, I found out that it is made of swine leather. My question is, is it permissible for me to resell the shoes to non-Muslims with a higher price than its original price to gain some profits. If not, is it permissible for me to resell it to have my money back without taking any profit out of it or should I just toss it away?
Answer
Introduction
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
We start with the saying of Allah SWT:
قُل لَّا أَجِدُ فِي مَا أُوحِيَ إِلَيَّ مُحَرَّمًا عَلَىٰ طَاعِمٍ يَطْعَمُهُ إِلَّا أَن يَكُونَ مَيْتَةً أَوْ دَمًا مَّسْفُوحًا أَوْ لَحْمَ خِنزِيرٍ فَإِنَّهُ رِجْسٌ
Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it is a dead animal or blood spilt out or the flesh of swine - for indeed, it is impure
Surah al-An’aam (145)
The scholars of madhhab Hanafi, Shafi’e and Hanbali decided that swine is najis (physically), any parts of it and its by-products like its saliva and semen are also najis.
So, the prohibition of eating pork due to it being impure is not only upon its flesh but also bones, fats and skin. [See: al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah 20/33]
Sheikh Wahbah al-Zuhayli in his tafsir states that ‘flesh of swine’ also includes all parts of the swine like fats and skin. The prohibition of swine leather is due to its dharar (harm) and dirtiness as well as looking at its habit which is as an animal that always frolicking in the mud. [See: Tafsir al-Munir 6/77]
The jurists have decided that swine leather is najis and cannot be purified through tanning as well as cannot be benefited from it except for some dharurat (exigent) and needy situations. [See: al-Mausu’ah al-Fiqhiyyah al-Kuwaitiyyah 20/34]
Allah SWT says:
فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَإِنَّ رَبَّكَ غَفُورٌ رَّحِيمٌ
"But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], then indeed, your Lord is Forgiving and Merciful."
Surah al-An’aam (145)
We already explained further this in the article AL-KAFI #1018: IS IT TRUE THAT ITEMS MADE OF SWINE LEATHER IS PERMITTED TO BE USED? through the following link https://muftiwp.gov.my/en/artikel/al-kafi-li-al-fatawi/2974-al-kafi-1018-benarkah-kulit-khinzir-boleh-dipakai?highlight=WyJraGluemlyIl0=
The Ruling of Selling Items Made of Swine Leather
A seller should make sure that his merchandise is compliant with the conditions set by shara’. The conditions of the merchandise are as the following:
- The merchandise should be pure or can be purified through washing.
- The merchandise should be beneficial.
- The merchandise should be able to be delivered to the buyer.
- The merchandise should be owned by the seller.
- The merchandise should be something decided and known of its type, value and characteristics.
Therefore, it is invalid to sell and buy items that are physically najis like intoxicants, the skin of dead animals which are not being tanned, dog or swine. This is in accordance with the hadith of the Prophet PBUH:
إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الخَمْرِ، وَالمَيْتَةِ وَالخِنْزِيرِ وَالأَصْنَامِ
"Allah and His Apostle made illegal the trade of alcohol, dead animals, pigs and idols."
[See: al-Taqrirat al-Sadidah Qism al-Buyu’ wa al-Fara’idh (pg. 14-15)]
Imam al-Kasani in his book also states that it is invalid to sell swine leather in whatever way because swine is physically najis as well as its whole part. [See: al-Badai’ al-Sonai’ 5/142]
Conclusion
Consequently, swine is najis as a whole. So, swine leather is also najis and cannot be purified even after being tanned. So, it is invalid for a Muslim to take benefit from it like making it as food, clothes or trading it.
Based on the question asked by the questioner, we advise that it is best for the questioner to refund the shoes bought by explaining the reason for the refund in which a Muslim is prohibited to use any item made of swine leather.
May Allah SWT give us a true understanding of religion.
Wallahu a’lam.