Question:
Salam ustaz. I want to ask what’s the Islamic ruling giving gifts (in any form of gift) to blood donators? Is it permissible? I’m hoping for an explanation.
Answer:
Assalamualaikum. Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his family, companions and all those that follow his teachings to the day of judgement.
The Islamic ruling in donating blood is it is permitted. This is due to the fact that it helps other people when they are in dire situations or an emergency. According to Allah’s words in the Qur’an:
وَتَعَاوَنُوا۟ عَلَى ٱلْبِرِّ وَٱلتَّقْوَىٰ ۖ وَلَا تَعَاوَنُوا۟ عَلَى ٱلْإِثْمِ وَٱلْعُدْوَٰنِ
“Help you one another in Al-Birr and At-Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression,”
Surah al-Maidah (2)
Imam Al-Qurtubi wrote an opinion by Al-Akhfash regarding the verse above. He said that it’s Allah decree for every one of His creations to help one another. Advising each other to do good and prevent one another from bad deeds. (Refer Jami’ Li Ahkam Al-Quran, 6/46)
Syeikh Ali Al-Sabuni states:
“It’s helping each other in doing good deeds and leaving the bad deeds. Do whatever it is to get closer to Allah,”. (Refer Sofwah al-Tafasir, 1/212)
On the other hand, with the advancement of technology nowadays, blood donation is vital since the blood donated is an important alternative in treating patients in critical conditions especially during surgery and other treatment procedures.
For the discussion regarding the ruling on donating blood, we have explained in detail about it in Irsyad Al-Fatwa Series Entry 276[1] on 10th December 2018.
Before answering the question posed before us, we would like to first discuss on the ruling of selling and buying of human’s blood. This issue will be discussed first since it’s closely related to the question asked.
There are two opinions from Islamic scholars regarding this matter:
- It’s prohibited to sell or buy human’s blood
This is the opinion of the majority of the Islamic scholars. They ruled it prohibited to buy or sell human’s blood by referring to Al-Quran and Al-Sunnah.
In the Quran Allah SWT states:
قُل لَّآ أَجِدُ فِى مَآ أُوحِىَ إِلَىَّ مُحَرَّمًا عَلَىٰ طَاعِمٍ يَطْعَمُهُۥٓ إِلَّآ أَن يَكُونَ مَيْتَةً أَوْ دَمًا مَّسْفُوحًا أَوْ لَحْمَ خِنزِيرٍ فَإِنَّهُۥ رِجْسٌ
“Say, "I do not find within that which was revealed to me [anything] prohibited 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,”
Surah Al-An’am (145)
In another verse Allah also states:
إِنَّمَا حَرَّمَ عَلَيْكُمُ ٱلْمَيْتَةَ وَٱلدَّمَ وَلَحْمَ ٱلْخِنزِيرِ وَمَآ أُهِلَّ بِهِۦ لِغَيْرِ ٱللَّـهِ
“He has only prohibited to you dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah….”
Sural al-Baqarah (173)
The inference made from the two verses is blood is considered to be najis (things that are considered ritually unclean) and the buying or selling of it is prohibited.
The Prophet PBUH once said, from Abu Juhaifah RA. He said:
رَأَيْتُ أَبِي فَقَالَ إِنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ ثَمَنِ الدَّمِ وَثَمَنِ الْكَلْبِ وَآكِلِ الرِّبَا وَمُوكِلِهِ وَالْوَاشِمَةِ وَالْمُسْتَوْشِمَةِ
“I saw my dad. My dad told me that the Prophet Muhammad PBUH restrict the buying and selling of blood and dog. The Prophet also restricts people from eating anything from interest as its source or anything related to interest. And he also restricts tattoos and people asking to be tattooed,”
Sahih Al-Bukhari (5945), (5962) and (2238)
Ibnu Hajar al-Asqalani stated that the narration prohibits the buying or selling of blood, the same as it is prohibited to buy or sell carcasses or swine. It is prohibited according to the majority of the Islamic scholars. (Refer Fath al-Bari Syarh Sahih al-Bukhari, 16/205)
Another narration from Abu Hurairah states:
ثَلَاثَةٌ أَنَا خَصْمُهُمْ يَوْمَ الْقِيَامَةِ رَجُلٌ أَعْطَى بِي ثُمَّ غَدَرَ وَرَجُلٌ بَاعَ حُرًّا فَأَكَلَ ثَمَنَهُ وَرَجُلٌ اسْتَأْجَرَ أَجِيرًا فَاسْتَوْفَى مِنْهُ وَلَمْ يُعْطِهِ أَجْرَهُ
“Three men where they will be my enemy in the hereafter. A man where he vowed using my name then he betrayed his words. A man that sells a free man and gain from it and a man that promised to pay someone but then didn’t what he had promised,”
Sahih al-Bukhari (2109)
From this narration it can be concluded that selling a free man is prohibited, thus the selling of even a part of a free man such as his blood, limbs and others are of course prohibited as well.
Ibnu Hajar al-Asqalani said:
“Whoever sells a free man, he has impeded the things that Allah has decreed as should and he deserves to get Allah’s contempt,”. (Refer Fath al-Bari, 16/190)
Ibnu Abidin also said:
“In the case of buying or selling of flowing blood or a grain of wheat, both are wrong and prohibited,”. (Refer Radd al-Mukhtar ‘ala Durar al-Ahkam, 1/159)
Ibnu Qudamah al-Maqdisi stated:
“It’s prohibited to buy or sell blood, even fertilizers made from excrements. For both of them are similar with carcasses,”. (Refer al-Kafi Fi Fiqh al-Imam Ahmad, 8/4)
Imam al-Ramli said:
“It’s prohibited to buy or sell anything that’s considered unclean in ritually in Islam (najis) for it will always remain unclean,”. (Refer Nihayah al-Muhtaj Ila Syarh al-Minhaj, 11/209)
According to him the buying or selling of anything that’s been classified as najis in Islam is prohibited to be sold or bought. This means that the selling or buying of blood is also considered prohibited.
Syeikh Dr Wahbah al-Zuhali said that it’s not necessary to buy or sell blood using money and is set at a certain price but by exchanging blood given with some sort of gift is should be done.
- Selling or buying blood is permitted
This view is presented to maintain the well-being of people in dire and desperate situations. They referred to the following verse:
وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلَّا مَا ٱضْطُرِرْتُمْ إِلَيْهِ
“Allah has been mentioned while He has explained in detail to you what He has prohibited you, excepting that to which you are compelled,”
Surah al-An’am (119)
Syeikh Amin al-Syanqiti explains that this verse is a method that can be used when faced with dire or desperate situations. This verse is meant for a way out of desperate situations. Lightening the burden is included in the five methods of Islamic teachings. Even fiqh is built on these five methodologies. These methodologies are:
- To remove harm الضرار يزال
- Lightening the burden المشقة تجلب التسيسر
- Acts are based on intentions الأمور تبع المقاصد
This opinion implements the famous methodology of الضَرُورَا تُبِيحُ المَحْظُورَات which means that in desperate situations what’s once considered prohibited is permitted. Some scholars say that in desperate situations where additional blood is needed for medical purposes, then setting a certain price to secure the blood needed is permitted.
There are also scholars of an opinion where the verse that prohibits the buying or selling of blood أَوْ دَمًا مَّسْفُوحًا is specifically for flowing blood where blood that doesn’t flow anymore, for example the liver or donated blood are no longer considered prohibited.
They also said the reason behind why it is prohibited to sell blood during that time is because there’s no benefit from it. But now since it’s important to have blood for medical purposes then it is permitted.
Conclusion
We are inclined towards the opinion of the ruling that it is prohibited to buy or sell blood since the opinion is supported with evidences from the Quran and narrations and is of the same opinion of the majority of the scholars that’s clearer and stronger. And at this time, there’s no real need to buy or sell blood. However, we would like to iterate a point that giving some sort of gift to blood donators is permitted. This is to encourage more people to donate blood as well as to show an appreciation to those willing to go out of their way to donate their blood to help patients that are in dire need of blood. However, there should not be any monetary gifts to the donators to avoid seeming as if it’s a buying and selling transaction which is prohibited.
Hopefully more Malaysians are more willing to donate blood and be proactive in adding to the blood reserve so that we can help as many patients that are in need of them. Let’s make it as a charity that we do for ourselves to help us in the hereafter.
Wallahu’alam.
[1] http://muftiwp.gov.my/ms/artikel/irsyad-fatwa/irsyad-fatwa-umum/2861-irsyad-al-fatwa-276-hukum-menderma-darah