Question:
a- People donate blood for free to blood banks for known reasons. The bank tests this blood; if it is healthy, it is used for other patients, and if it is contaminated and contains viruses such as Hepatitis or AIDS, for example, it destroys this diseased quantity of blood.
Currently, we need this contaminated blood to conduct tests in our laboratory. Is it permissible for us to take this blood for free from the blood bank and conduct tests on it, then safely dispose of the remainder in a way that does not harm anyone or the environment?
b- Sometimes we filter the viruses present within the blood through complex and financially costly scientific procedures until we obtain pure viruses. We use a portion of them in our laboratory for the development of scientific research in the manufacturing of diagnostic reagents, and we sell the remaining portion to other laboratories. In the event we cannot obtain pure viruses, we purchase the pure virus from other laboratories. Is it permissible to sell and buy these viruses for this purpose?
Answer:
- Before answering, we clarify the following:
1- Blood is impure (najis) and it is forbidden (haram).
As for the evidence for the impurity of human blood, it is the hadith of al-Bukhari and Muslim on the authority of Asma (ra) who said:
جَاءَتِ امْرَأَةٌ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَقَالَتْ: إِحْدَانَا يُصِيبُ ثَوْبَهَا مِنْ دَمِ الْحَيْضَةِ كَيْفَ تَصْنَعُ بِهِ؟ قَالَ: تَحُتُّهُ ثُمَّ تَقْرُصُهُ بِالْمَاءِ ثُمَّ تَنْضَحُهُ ثُمَّ تُصَلِّي فِيهِ
"A woman came to the Prophet (saw) and said: 'If the clothes of one of us are smeared with the blood of menstruation, what should she do?' He said: 'She should scrape it, then rub it with water, then pour water over it and then pray in it.'"
The fact that she was commanded to wash it before praying is evidence of its impurity.
As for the evidence of its prohibition—eating and drinking it—it is the saying of Allah (swt):
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنْزِيرِ
"Forbidden to you are carrion, blood, and the flesh of swine..." (Quran 5:3)
And His (swt) saying:
قُلْ لَا أَجِدُ فِي مَا أُوحِيَ إِلَيَّ مُحَرَّمًا عَلَى طَاعِمٍ يَطْعَمُهُ إِلَّا أَنْ يَكُونَ مَيْتَةً أَوْ دَمًا مَسْفُوحًا أَوْ لَحْمَ خِنْزِيرٍ فَإِنَّهُ رِجْسٌ أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَإِنَّ رَبَّكَ غَفُورٌ رَحِيمٌ
"Say, 'I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure - or it be [that which has been slaughtered in] disobedience, dedicated to other than Allah. But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], then indeed, your Lord is Forgiving and Merciful.'" (Quran 6:145)
2- Benefiting from the impure (najis) and the forbidden (haram) is prohibited, and among the evidences for this are:
- Al-Bukhari narrated from Jabir bin Abdullah (ra) that he heard the Messenger of Allah (saw) say in the year of the Conquest while he was in Makkah:
إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ وَالْمَيْتَةِ وَالْخِنْزِيرِ وَالْأَصْنَامِ فَقِيلَ يَا رَسُولَ اللَّهِ أَرَأَيْتَ شُحُومَ الْمَيْتَةِ فَإِنَّهَا يُطْلَى بِهَا السُّفُنُ وَيُدْهَنُ بِهَا الْجُلُودُ وَيَسْتَصْبِحُ بِهَا النَّاسُ فَقَالَ لَا هُوَ حَرَامٌ ثُمَّ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عِنْدَ ذَلِكَ قَاتَلَ اللَّهُ الْيَهُودَ إِنَّ اللَّهَ لَمَّا حَرَّمَ شُحُومَهَا جَمَلُوهُ ثُمَّ بَاعُوهُ فَأَكَلُوا ثَمَنَهُ
"Indeed, Allah and His Messenger have forbidden the sale of wine, carrion, swine, and idols." It was said: "O Messenger of Allah, what about the fat of carrion, for it is used to coat ships, tan hides, and people use it for lights?" He said: "No, it is forbidden." Then the Messenger of Allah (saw) said: "May Allah destroy the Jews; when Allah forbade its fat, they melted it down and sold it, then consumed its price."
- In Tahdhib al-Athar by at-Tabari, from Jabir, he said: The Messenger of Allah (saw) said:
لا تَنْتَفِعوا مِنَ الميْتَةِ بِشَيْءٍ
"Do not benefit from carrion in any way."
- The skin of carrion was exempted, as mentioned in the hadith of Abu Dawud from Ibn Abbas—Musaddad and Wahb narrated from Maymunah who said: A sheep was given in charity to a freed slave girl of ours, and it died. The Prophet (saw) passed by it and said:
أَلَا دَبَغْتُمْ إِهَابَهَا وَاسْتَنْفَعْتُمْ بِهِ قَالُوا يَا رَسُولَ اللَّهِ إِنَّهَا مَيْتَةٌ قَالَ إِنَّمَا حُرِّمَ أَكْلُهَا
"Why did you not tan its hide and benefit from it?" They said: "O Messenger of Allah, it is carrion." He said: "Only its eating is forbidden."
- Al-Bukhari narrated from Jabir bin Abdullah (ra) that he heard the Messenger of Allah (saw) say in the year of the Conquest while he was in Makkah:
إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ
"Indeed, Allah and His Messenger have forbidden the sale of wine."
- Al-Bukhari also narrated from Anas (ra): "I was the cupbearer for the people in the house of Abu Talhah, and their wine that day was al-fadhikh. The Messenger of Allah (saw) ordered a caller to announce:
أَلَا إِنَّ الْخَمْرَ قَدْ حُرِّمَتْ
'Verily, wine has been forbidden.' Abu Talhah said to me: 'Go out and pour it away.' So I went out and poured it away, and it flowed in the streets of Madinah."
- Abu Dawud narrated from Abu Hurayrah that the Messenger of Allah (saw) said:
إِنَّ اللَّهَ حَرَّمَ الْخَمْرَ وَثَمَنَهَا وَحَرَّمَ الْمَيْتَةَ وَثَمَنَهَا وَحَرَّمَ الْخِنْزِيرَ وَثَمَنَهُ
"Indeed, Allah has forbidden wine and its price, and forbidden carrion and its price, and forbidden swine and its price."
3- Seeking medical treatment (tadawi) is exempted from the prohibition; thus, seeking treatment with the forbidden and the impure is not haram:
- As for the fact that treatment with the forbidden is not haram, it is due to the hadith of Muslim from Anas:
رَخَّصَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَوْ رُخِّصَ لِلزُّبَيْرِ بْنِ الْعَوَّامِ وَعَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ فِي لُبْسِ الْحَرِيرِ لِحِكَّةٍ كَانَتْ بِهِمَا
"The Messenger of Allah (saw) granted a concession—or a concession was granted—to az-Zubayr bin al-Awwam and Abdur-Rahman bin Awf to wear silk because of an itch they had." Wearing silk for men is haram, but it was permitted for medical treatment. Similarly, the hadith of an-Nasa’i, Abu Dawud, and at-Tirmidhi (the wording is from an-Nasa’i): Abdur-Rahman bin Tarafa narrated from his grandfather Arfajah bin As'ad that his nose was severed on the day of al-Kulab in the Jahiliyyah, so he took a nose made of silver, but it became putrid:
فَأَمَرَهُ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يَتَّخِذَ أَنْفًا مِنْ ذَهَبٍ
"So the Prophet (saw) ordered him to take a nose made of gold." Gold for men is haram, but it was permitted for medical treatment.
- As for the fact that treatment with the impure is not haram, it is due to the hadith of al-Bukhari from Anas (ra):
أَنَّ نَاسًا اجْتَوَوْا فِي الْمَدِينَةِ فَأَمَرَهُمْ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يَلْحَقُوا بِرَاعِيهِ يَعْنِي الْإِبِلَ فَيَشْرَبُوا مِنْ أَلْبَانِهَا وَأَبْوَالِهَا فَلَحِقُوا بِرَاعِيهِ فَشَرِبُوا مِنْ أَلْبَانِهَا وَأَبْوَالِهَا...
"Some people felt sick in Madinah, so the Prophet (saw) ordered them to go to his shepherd—meaning the camels—and drink their milk and urine. So they went to his shepherd and drank their milk and urine..." The word ijtawaw means the food of the land did not suit them, so they fell ill. The Messenger (saw) permitted "urine" for them for treatment, and it is impure (najis). Al-Bukhari narrated from Abu Hurayrah that he said: "A Bedouin stood up and urinated in the mosque, and the people seized him. The Prophet (saw) said to them: 'Leave him and pour a bucket of water over his urine, for you were sent to make things easy and not to make them difficult.'"
4- The origin of things is permissibility (al-asl fil-ashyaa’ al-ibahah) as long as there is no evidence of prohibition. Among the evidences for this are the sayings of Allah (swt):
أَلَمْ تَرَوا أنَّ اللهَ سخَّرَ لَكُمْ مَا في السَّمواتِ ومَا في الأرْضِ
"Do you not see that Allah has made subject to you whatever is in the heavens and whatever is in the earth..." (Quran 31:20)
أَلَمْ ترَ أَنَّ اللهَ سخَّرَ لكُمْ مَا في الأرض
"Do you not see that Allah has made subject to you whatever is on the earth..." (Quran 22:65)
وسخّر لكم ما في السموات وما في الأرض جميعاً منه
"And He has subjected to you whatever is in the heavens and whatever is on the earth - all from Him." (Quran 45:13)
From these texts, it is clear that the Legislator has permitted all things, meaning He made them halal. Permissibility in things means they are halal, i.e., the opposite of haram. Thus, the prohibition of certain things requires a text that exempts them from what was originally permitted. Therefore, the origin of things is permissibility unless evidence of prohibition exists.
This differs from actions, where the origin of actions is adherence to the Shari’ah ruling—the taklifi and wad’i (obligatory, recommended... cause, condition...)—as is well known in the Usul.
- The answer to the two questions is as follows:
First: If the tests on the contaminated blood are medicinal tests—meaning to identify the disease and treat it with appropriate medicines and the like—then it is permissible. If the tests on the contaminated blood have no relation to manufacturing a medicine to treat the disease or similar purposes, then it is not permissible.
This is because blood is najis and forbidden, and benefiting from the najis and forbidden is haram except for medical treatment.
Second: If the separation of the "virus" from the blood is for conducting medicinal experiments and research, then it is permissible. That is, if subjecting the contaminated blood to laboratory work to separate the virus from it is for the purpose of conducting medicinal experiments on the virus to determine the appropriate medicine, then it is permissible.
However, if the separation of the virus from the blood is for experiments other than medicine, then it is not permissible, because contaminated blood is najis and forbidden, and benefiting from it is not allowed.
Third: Viruses are pure (tahir) because they are a "thing" for which no evidence of prohibition has been mentioned. Thus, they are pure according to the aforementioned Shari’ah principle. Accordingly, if they are found alone—meaning not contaminated with blood—it is permissible to buy them, sell them, and conduct any scientific research on them. Naturally, scientific research must be for the benefit of mankind and not to cause harm, because the Messenger (saw) says:
لَا ضَرَرَ وَلَا ضِرَارَ
"There should be neither harming nor reciprocating harm."