physical constitution, is pure—not that whatever is smaller than it is pure. For the subsidiary case must be equivalent to the original case, and analogy from it to what is smaller than it is not evidently an a fortiori analogy.

The apparent meaning of his words is that predators which are not lawful to eat and are equal to the cat in size are impure.

The stronger view is that the effective cause which must be followed is the one given by the Prophet, peace and blessings be upon him: that it is among those that frequently move about among us.

Accordingly, anything that frequently moves about among people and is difficult to avoid has the same ruling as the cat. Excluded from this, however, is that which the Lawgiver has made an exception: the dog. It frequently moves about among people, yet the Prophet, peace and blessings be upon him, said: “If a dog licks the vessel of one of you, let him wash it seven times, one of them with soil.” (1)

“Beasts of prey among land animals and birds, the domestic donkey, and the mule born from it are impure.”

His statement, “beasts of prey among land animals,” means that they are impure.

Beasts of prey among land animals are those that eat flesh and hunt, such as the wolf, hyena, leopard, cheetah, jackal, weasel, and the like—animals larger than the cat.

His statement, “and birds,” means birds of prey, such as vultures, which are larger than cats.

His statement, “the domestic donkey,” excludes the wild donkey, for the wild donkey is lawful to eat and is therefore pure.