His statement, “Nor is the hide of a carcass to be returned”: An example of this is a person who sees a dead sheep, skins it, and takes its hide. Its owner then demands it from him. Must he return it?

The author says, “Nor is the hide of a carcass to be returned,” because the hide of a carcass is not legally recognized property. It falls under the general purport of the Prophet’s statement, peace and blessings be upon him: “Indeed, Allah has forbidden the sale of wine and carcasses.” (1) It therefore has no legal value.

But if the owner of the hide says, “I wish to take the hide in order to tan it, and once it is tanned, the sounder opinion is that it becomes pure,” then it is like a garment contaminated with impurity: if a usurper takes it, he must return it to its owner. Thus, he may say: “The sheep that died belongs to me, and I can benefit from its hide by tanning it.” Hence, the stronger view in this matter is that he must return the hide of the carcass, since it can be treated until it becomes pure.

If someone asks, “How can he return it when it is impure?”

We say: Because Allah prohibited from the carcass only its consumption. Allah, Exalted is He, says:

“Say, ‘I do not find in what has been revealed to me anything forbidden for one who would eat it.’” [al-An‘am 6:145]

He did not say, “for one who would use it.”

Secondly, the hide of a carcass can be put to use once it has been tanned, because the Prophet, peace and blessings be upon him, passed by a dead sheep which they were dragging away and said, “Why did you not make use of its hide?” They said, “It is a carcass.” He said, “Water and acacia pods purify it.” (2) Once the hide becomes pure