Legal Ruling on Benefiting from Dead Animals (Maitah)

The Islamic Ruling on Dead Animals (Maitah): Permissibility, Disposal, and Uses

The Legal Status of Benefiting from a Dead Animal (Maitah)

There is confusion and doubt among people regarding the disposal, burial, and use of beneficial parts of a dead animal, or selling them. This article aims to clarify these points and address people’s doubts. It should be noted that by dead animals (Maitah), we mean permissible and pure animals, such as rabbits, chickens, goats, cows, oxen, buffalo, deer, sheep, camels, horses, etc.

What is a Dead Animal?

Allah’s statement in the Qur’an is:
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ [المائدة: 3]
Translation: Forbidden to you (for food) is dead meat (animal).
In this verse, Allah explicitly prohibits all types of dead animals, meaning any animal that has died is forbidden to consume. Sheikh Saleh Fawzan explains that Maitah refers to the animal that has died before being slaughtered according to Shariah. Therefore, Maitah includes any animal that dies on its own, is slaughtered in a non-Islamic way, or is killed by strangulation or injury. Even a piece of meat cut from a living animal before slaughter is considered Maitah.

The Prophet ﷺ said:
ما قُطِعَ منَ البَهيمةِ وَهيَ حيَّةٌ فما قُطِعَ منها فَهوَ مَيتةٌ (صحيح ابن ماجه: 2624)
Translation: Whatever is cut from a living animal is considered dead meat (Maitah).
This means there are various forms of dead animals, such as those that die on their own, are not slaughtered in accordance with Islamic law, or are injured and killed.

Animals Shot by Gun
There are several points concerning animals shot with a gun:

1. If the bullet is sharp enough, such that it cuts through and enters the body, then the animal can be eaten if the Bismillah (in the name of Allah) is said before shooting, even if the animal dies from the wound. This is supported by the hadith about hunting with a bow and arrow.
2. If the bullet is not sharp, and the animal is struck and dies from the impact, then this animal is not permissible to eat. However, if the animal does not die from the blow and is quickly slaughtered according to Islamic law, it may be consumed.
3. If the Bismillah is not recited when using a sharp object or bullet to kill the animal, then the animal is not permissible to eat, as the name of Allah was not invoked.

Dead Fish and Locusts Are Permissible
The Prophet ﷺ declared two dead animals to be permissible for consumption:
أحلَّت لَكُم ميتتانِ ودَمانِ ، فأمَّا الميتَتانِ ، فالحوتُ والجرادُ ، وأمَّا الدَّمانِ ، فالكبِدُ والطِّحالُ (صحيح ابن ماجه: 2695)
Translation: Two dead animals and two types of blood have been made lawful for you: The two dead animals are fish and locusts, and the two types of blood are the liver and the spleen.
From this hadith, we learn that fish and locusts are lawful even if they are dead, while all other dead animals are prohibited, except in the case of necessity (for survival), where a person may eat dead meat to save their life.

Is it Sunnah to Bury Dead Animals?

There is no specific text in Shariah that says burying dead animals is a Sunnah. However, in today’s context, where populations are dense, leaving a dead animal near human settlements would cause harm and discomfort. Therefore, it is better to bury it in such cases to avoid causing harm. Additionally, it is permissible to discard dead animals in remote areas or deserts where predators or wild animals can consume them, as this does not cause harm to people.

Giving or Selling Dead Animals to Non-Muslims

This is an important issue, as it is often observed that poultry farmers sell dead chickens to non-Muslims, and when a larger animal dies, it is sometimes given to non-Muslims who consume dead animals. What is the Islamic ruling on this?
Selling dead chickens is not permissible in Islam. These animals should be discarded or buried to prevent the spread of odor and disease, but they should not be sold to non-Muslims.
When a goat or larger animal dies, giving it to a non-Muslim for consumption is also prohibited, as eating dead animals is not allowed in Islam. However, parts of the dead animal, such as the skin, can be given to non-Muslims for purposes other than consumption.

An Important Rule Regarding Benefiting from Dead Animals in Islam

An important rule related to dead animals, which was mentioned earlier, is that consuming them is prohibited. Furthermore, it is also prohibited to benefit from them financially. The Prophet ﷺ said:
إنَّ اللهَ إذا حرَّمَ على قومٍ أكْلَ شيءٍ حرَّمَ عليهم ثَمَنَهُ (صحيح الجامع: 5107)
Translation: Indeed, when Allah forbids a people from eating something, He also forbids them from benefiting financially from it.
This statement of the Prophet ﷺ serves as a principle: If an animal is forbidden to consume, its price is also forbidden. Today, many people use dead animals for various purposes, but according to this rule, any monetary benefit derived from them is impermissible.

Islamic Limits on Benefiting from Dead Animals

We have learned that it is forbidden to buy or sell dead animals and that their price is haram. However, Islam does permit certain uses of dead animals under specific circumstances. These permissible uses are outlined below, and the guidelines regarding their lawful benefit are provided.

(1) The Skin of a Dead Animal:

First, it should be understood that the skin of an unlawful animal (such as a dog, pig, etc.) will not become pure through tanning; this is the stronger position. The Prophet ﷺ said:
إِذَا دُبِغَ الإِهَابُ فَقَدْ طَهُرَ
(Sahih Muslim: 366)
Translation: When the skin is tanned, it becomes pure.

The word “إهَاب” refers to the skin of a lawful animal, and tanning is the process of removing moisture from the skin by using salt, etc., to purify the leather. If a lawful animal is slaughtered, its skin is inherently pure. However, if a lawful animal dies before being slaughtered, its skin becomes pure upon tanning, as mentioned in the hadith. Ibn Abbas (RA) reported:
أنَّ رَسولَ اللّهِ صَلَّى اللّهُ عليهِ وَسَلَّمَ وَجَدَ شَاةً مَيْتَةً، أُعْطِيَتْها مَوْلَتُهُ لِمَيْمُونَةَ مِنَ الصَّدَقَةِ، فَقالَ رَسولُ اللّهِ صَلَّى اللّهُ عليهِ وَسَلَّمَ: هَلَّا انتَفَعْتُمْ بِجِلْدِهَا؟ قَالُوا: إِنَّهَا مَيْتَةٌ، فَقالَ: إِنَّمَا حَرَّمَ أَكْلَهَا
(Sahih Muslim: 1492)
Translation: The Messenger of Allah ﷺ saw a dead sheep that had been given to Maimunah’s servant as charity. He ﷺ said: Why did you not benefit from its skin? They said: It is a dead animal. He ﷺ replied: Only its eating is prohibited.

There is another hadith that prohibits benefiting from the skin or muscles of a dead animal:
أَنْ لا تَنفَعُوا مِنَ المَيْتَةِ بِإِهَابٍ وَلَا عَصَبٍ
(Sahih Tirmidhi: 1729)
Translation: Do not benefit from the skin or muscles of a dead animal.

At first glance, these two hadiths may seem contradictory, but in reality, there is no contradiction. The meaning is that one should not benefit from the skin before it is tanned, but once it has been tanned, it is permissible to benefit from it.

(2) Benefiting from the Bones of a Dead Animal:

There are two main ways in which people currently benefit from the bones of a dead animal: one related to gelatin, which will be discussed later, and the other related to products made from bones. There is a difference among scholars regarding whether the bones of a dead animal are pure or impure, but the correct opinion is that the bones of a lawful dead animal are pure. The details of this can be found in the 21st volume of Majmu’ al-Fatawa by Ibn Taymiyyah. If we accept that the bones of a dead animal are pure, then products (non-edible items) made from them, such as utensils, are permissible to use.

(3) Using Hair and Wool of a Dead Animal:

If there is any way to benefit from the hair or wool of a dead animal, there is no harm in using it because these are considered pure as well.

(4) Dissecting a Dead Animal for Medical Research:

There is no harm in dissecting a dead animal for medical research. As mentioned earlier, the skin of a dead sheep can be used, so similarly, there is no harm in dissecting a dead animal for medical purposes. There is no harm to the animal, nor does it constitute disrespect. The ruling for a human corpse is different.

Prohibited Aspects of Benefiting from a Dead Animal:

(1) Buying and Selling a Dead Animal:

As mentioned earlier, the rule is that whatever is prohibited to consume is also prohibited to trade. Therefore, selling any part of a dead animal or benefiting from its price is unlawful. Thus, any trade involving a dead animal is impermissible.

(2) Eating the Meat of a Dead Animal:

Just as eating the meat of a dead animal is prohibited for Muslims, giving it to a non-Muslim for consumption is also prohibited, as it constitutes cooperation in a sinful act, and Allah has forbidden cooperating in sin.

(3) Using the Fat of a Dead Animal:

Using the fat of a dead animal is similarly prohibited, just like eating its meat. However, the issue arises as to whether the fat can be used in non-edible items such as soap, shampoo, etc.

The Prophet ﷺ was asked about the fat of a dead animal:
يَا رَسولَ اللّهِ، أَرَأَيتَ شُحُومَ المَيْتَةِ، فَإِنَّهَا يُطْلَىٰ بِهَا السُّفُنُ، وَيُدْهَنُ بِهَا الجُلُودُ، وَيَسْتَصْبِحُ بِهَا النَّاسُ؟ فَقالَ: لا، هِيَ حَرَامٌ. ثُمَّ قَالَ رَسولُ اللّهِ صَلَّى اللّهُ عليهِ وَسَلَّمَ عِندَ ذَٰلِكَ: قَاتَلَ اللّهُ اليَهُودَ، إِنَّ اللّهَ لَمَّا حَرَّمَ شُحُومَهَا جَمَّلُوهُ، ثُمَّ بَاعُوهُ، فَأَكَلُوا ثَمَنَهُ
(Sahih Bukhari: 2236, Sahih Muslim: 1581)
Translation: The companions asked: O Messenger of Allah, what is the ruling on the fat of a dead animal? People use it to coat ships, apply it to leather, and use it to light lamps. He ﷺ replied: No, it is forbidden. Then he ﷺ said: May Allah destroy the Jews! When Allah prohibited them from using the fat, they melted it, sold it, and ate its price.

The question arises: Did the Prophet ﷺ prohibit all use of fat from a dead animal, or just selling it? There is some difference among scholars, but the opinion that selling the fat is prohibited is stronger, and this is the view of Shaykh Ibn Uthaymeen (Sharh al-Mumti’ 8/136). Based on this, it can be said that non-edible items made from fat of a lawful dead animal are permissible to use, but if the fat is used in something that will be consumed, it remains prohibited.

(4) Gelatin from Dead Animals:

Gelatin is a protein made from the skin, bones, and fibers of animals like cows, donkeys, horses, dogs, snakes, fish, goats, sheep, pigs, and dead animals. Gelatin can also be made from vegetables, but usually, gelatin is made using animal bones, which undergo a specific process.

According to Islamic law, only gelatin derived from the skin or bones of lawful animals, provided they were slaughtered according to Islamic rites, is permissible. If we know that cows, sheep, goats, or horses were slaughtered in the Islamic manner, then gelatin made from these animals is permissible. Similarly, gelatin made from fish and vegetables is permissible.

However, gelatin made from forbidden animals such as pigs, dogs, donkeys, snakes, or dead animals is impermissible. Even if a lawful animal was not slaughtered according to Islamic rites, its gelatin is also impermissible. Furthermore, if gelatin is mixed into products and the source is unknown, it is considered doubtful, and we should avoid it.

(5) Utensils Made from the Bones of a Dead Animal or Products Made from Its Skin:

It is essential to know whether the item is made from the skin or bones of a lawful or unlawful animal. If the product is made from the bones or skin of a dead lawful animal, it is permissible to use.

(6) Using Parts of a Dead Animal for Medical Treatment:

The Prophet ﷺ instructed that treatments should be from lawful things, and since dead animals are unlawful for us, using any part of a dead animal for treatment is not permissible. The Prophet ﷺ said:
إِنَّ اللّهَ تَعَالَىٰ خَلَقَ الدَّاءَ وَالدَّوَاءَ، فَتَدَاوَوْا وَلَا تَتَدَاوَوْا بِحَرَامٍ
(Sahih al-Jami’ 1762)
Translation: Indeed, Allah has created both disease and its cure, so seek treatment, but do not seek treatment from forbidden things.

May Allah grant us a pure life, help us distinguish between lawful and unlawful, and protect us from using unlawful means. Ameen.

Note: This article was written at the request of the beloved Salafi scholar, Kashif Shakeel, who asked about the issue in our area where a lawful animal dies, and instead of burying it, it is given to a non-Muslim to eat. The question was to be answered in writing, and hopefully, it will address the concerns of many Muslims as well.