What is ruling on buying and selling dogs?.
Praise be to Allaah.
Firstly: In the answer to question no. 69777 , we have stated that it is haraam to keep dogs, and that the one who keeps a dog will have two qiraats deducted from his reward every day, except for dogs that are kept for hunting, guarding livestock and guarding crops, which it is permissible to keep.
Secondly: There are many ahaadeeth narrated from the Prophet (peace and blessings of Allaah be upon him) which state that it is forbidden to sell dogs. The general meaning of these ahaadeeth include all kinds of dogs, those which it is permissible to keep and those which it is not permissible to keep. These ahaadeeth include the following:
1 – al-Bukhaari (1944) narrated that Abu Juhayfah said: The Prophet (peace and blessings of Allaah be upon him) forbade the price of a dog.
2 – al-Bukhaari (2083) and Muslim (2930) narrated from Abu Mas’ood al-Ansaari that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade the price of a dog, the wages of a prostitute and the fee of a fortuneteller.
3 – Abu Dawood (3021) narrated that ‘Abd-Allaah ibn ‘Abbaas (may Allaah be pleased with him) said: The Messenger of Allaah forbade the price of a dog, and if a person comes asking for the price of a dog, then fill his hand with dust.” Al-Haafiz said: Its isnaad is saheeh; it was classed as saheeh by al-Albaani in Saheeh Abi Dawood.
4 – Abu Dawood (3023) narrated that Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The price of a dog, the fee of a fortuneteller and the wages of a prostitute are not permissible.” Al-Haafiz said: its isnaad is hasan. Al-Albaani classed it as saheeh in Saheeh Abi Dawood.
Al-Nawawi said in Sharh Muslim:
The prohibition on the price of a dog and the fact that it is among the most evil of earnings and is something vile indicates that it is haraam to sell dogs; the transaction is not valid and the price is not halaal and the one who destroys it is not obliged to repay its value, regardless of whether the dog is trained or not, or whether it is one that it is permissible to keep or not. This is the view of the majority of scholars, including Abu Hurayrah, al-Hasan al-Basri, Rabee’ah, al-Awzaa’i, al-Hakam, Hammaad, al-Shaafa’i, Ahmad, Dawood, Ibn al-Mundhir and others. Abu Haneefah said: The sale of dogs which bring some benefit is permissible, and the one who destroys them must repay their value. Ibn al-Mundhir narrated from Jaabir, ‘Ata’ and al-Nakha’i that it is permissible to sell a hunting dog but not any other kind… The evidence of the majority is these ahaadeeth. End quote.
The apparent meaning of the prohibition is that it is haraam to sell them. This is general in meaning and includes all dogs, trained and otherwise, whether it is permissible to keep them or not. This also implies that the one who destroys them is not obliged to repay their value. This is the view of the majority. End quote.
Ibn Qudaamah said in al-Mughni:
There is no dispute that sales of dogs are invalid, no matter what kind of dog it is. End quote.
It says in Fataawa al-Lajnah al-Daa’imah (13/36):
It is not permissible to sell dogs, and their price is not halaal, whether they are guard dogs, hunting dogs or any other kind, because of the hadeeth narrated by Abu Mas’ood ‘Aqabah ibn ‘Amr (may Allaah be pleased with him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade the price of a dog, the wages of a prostitute and the fee of a fortuneteller. Saheeh – agreed upon, end quote.
Shaykh Ibn Baaz said:
The sale of a dog is invalid. End quote.
Majmoo’ Fataawa Ibn Baaz, 19/39
Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’ (8/90):
It is not permissible to sell dogs; even if they are sold for hunting, that is not permissible. End quote.
Those who regard it as permissible to sell hunting dogs quote as evidence the hadeeth narrated by al-Nasaa’i (4589) from Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with him), according to which the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade the price of dogs and cats, except for hunting dogs.
This exception in the hadeeth – “except for hunting dogs” – is da’eef (weak).
Al-Nasaa’i said, after quoting the hadeeth: This is munkar (a type of weak hadeeth).
Al-Sindi said in Haashiyat al-Nasaa’i: It is da’eef according to the consensus of the muhadditheen (scholars of hadeeth).
Al-Nawawi said in Sharh Muslim:
With regard to the ahaadeeth that have been narrated about the prohibition on the price of a dog except for hunting dogs, and that ‘Uthmaan gave twenty camels in compensation to a man for a dog that he killed, and the report from Ibn ‘Amr ibn al-‘Aas about paying compensation for destroying a dog – all of these are da’eef according to the consensus of the hadeeth scholars. End quote.
If a person needs a dog for hunting or guarding and cannot find anyone to give him a dog except by selling it, it is permissible for him to buy it, and the sin will be on the seller, because he has sold something that he is not permitted to sell.
Ibn Hazm said in al-Muhalla (7/493):
It is not permissible to sell a dog at all, whether it is a hunting dog or a herding dog, or any other kind. If a person is forced to buy a dog and cannot find someone to give him one, then he may buy it, and it is halaal for the buyer and haraam for the seller, and the buyer may take back his money whenever he is able. This is like a bribe in order to ward off oppression and ransoms for freeing prisoners and appeasing an oppressor. There is no difference. End quote.