for sale, whereupon ʿUmar emptied it out over him. This report is authentically established from ʿUmar ibn al-Khaṭṭāb, and a group of jurists who uphold this principle issued fatwas in its favor, basing themselves on the Prophetic statement: “He forbade that milk be mixed with water for the purpose of selling it.” 1
This, however, differs from mixing it for one’s personal consumption, because once the two are blended the purchaser can no longer tell how much is milk and how much is water; for this reason ʿUmar destroyed it.
A comparable ruling was given by a number of jurists who follow this principle regarding adulterated manufactured goods: badly woven cloth, for instance, may lawfully be torn apart. Accordingly, when ʿUmar ibn al-Khaṭṭāb saw a silk garment on Ibn al-Zubayr he ripped it to pieces. Al-Zubayr protested, “You have frightened the child,” and ʿUmar replied, “Do not clothe them in silk.” In the same vein, ʿAbd Allāh ibn ʿUmar burned his saffron-dyed cloak at the Prophet’s command.
All of this is akin to cutting off the bodily member that committed the offense: the thief’s hand is severed, and the highway robber’s hand and foot are cut off. Destroying the object that embodies the wrongdoing likewise deters a return to that evil. Such destruction, however, is not unconditionally obligatory; if the article no longer poses harm it may be kept—either devoted to God’s cause or given away in charity.
On this basis a group of scholars held that adulterated foods—bread, stew, roasted meat—or bread and dishes that are undercooked, or food mixed with inferior ingredients while being passed off as high-quality, should be donated to the poor. That donation counts as destroying it from the perspective of the offender. If ʿUmar ibn al-Khaṭṭāb felt justified in pouring away milk adulterated for sale, then giving such food to the needy is even more appropriate: it both punishes the cheat and deters him from repeating the offense, while the poor derive benefit instead of the food being wasted. ʿUmar chose destruction because his stipends provided for the populace, so there were few, if any, poor people left in Medina.
For this reason a number of scholars permitted giving the item in charity and considered outright destruction reprehensible.