Question:
Assalamualaikum wbt. I’ve a question. Castoreum exudate is among the ingredients used in the manufacture of perfume, cosmetics and others. So, what is the ruling for castoreum, is it still considered as najis although it doesn’t have a horrible smell? Hope for your explanation.
Answer:
Waalaikumussalam wbt.,
Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions, and all those who follow his footsteps until the Final day.
We start with the statement of Allah SWT:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّـهُ لَكُمْ وَلَا تَعْتَدُوا ۚ إِنَّ اللَّـهَ لَا يُحِبُّ الْمُعْتَدِينَ
“O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors.” [1]
The above verse contains reminders for believers to not prohibit the good things that Allah has made permissible for them from food and drinks and marrying woman that they narrow what has been widen by Allah SWT for them. Furthermore, this verse also reminded them to never transgress what Allah SWT has prohibited for indeed, Allah SWT does not the transgressors. [2]
Castoreum Definition
A bitter strong-smelling creamy orange-brown substance that consists of the dried perineal glands of the beaver and their secretion and is used especially by perfumers – it is also called castor. [3]
Castoreum is widely used as a key ingredient in food flavours and fragrances in cosmetic products or as a stabilizing agent in soaps, creams, lotions and perfumes. It is also recorded for use in ancient medicine. However, in modern medicine, there is no record of its use.
Castoreum extract is a natural product prepared by extraction using hot alcohol, drying and soaking (to soften) the sacs of the castor glands (and their excrement) obtained from male or female beavers. In addition to being used specifically in perfume production medium, castoreum extract has also been added to food as a flavour enhancer since the 1920s.
In fact, it is mostly used in the food and beverage category and is often used in the manufacture of vanilla-flavoured foods. Castoreum extract has been approved for use as a food flavour by the Flavor and Extract Manufacturers Association (FEMA) and the Council of Europe (CoE), as well as has been listed as a safe ingredient (GRAS) by the Food and Drug Administration (FDA). This indicates that the use of castoreum extract is safe to be used as a flavouring in food.
The Ruling for Animals and Its Najis Status
First, before answering this question, we should first know the original ruling for all animals that are still alive is pure and they aren’t considered as najis except dogs, swine and anything that is born from both of them. While any animal that dies without being slaughtered following the syarak, are all najis – for they are considered carcass [5] – except grasshopper, fish and human. The reason is these three carcasses is pure and not considered najis. Likewise, permissible animals to be eaten if slaughtered according to syarak and dies due to the slaughter, then it is considered as pure and not najis. While animals that aren’t permissible to be eaten, if it dies, all of them are considered najis even if it is slaughtered according to syarak. [6]
The ruling of castoreum
Coming back to the question asked, castoreum is a type of exudate or liquid extracted from the dried perineal glands of beavers. There are two methods to collect the glands, whether it is extracted after killing the animal or the beaver is tranquillized. Then, the castoreum (castor sacs) found near its tail is squeezed to extract the exudate and the liquid is then dried into a solid form. [7]
Thus, in our opinion, castoreum is pure if it is extracted from the beaver perineal gland by squeezing it out, for according to scholars of madhhab Syafi’I, any liquid separated from a part of an animal, excluding the inner parts of the animal (connected with the animal), except what flows out such as saliva, tears and mucus follows the ruling of the animal. If the animal is najis, then it is considered najis and if not, then it is pure. [8]
Furthermore, al-Nawawi stated that there isn’t any difference between sweat, saliva, mucus and tears of a person in janabah, menstruating women, pure people, Muslim, disbeliever, mule, donkey, horse, mouse and all wild and creeping animals. All of them are pure and each animal is ruled pure except swine and dog and anything that is born from both of them. [9]
Moreover, castoreum is pure if it is extracted from the perineal beaver gland that has been slaughtered (killed) according to syarak. The reason is beaver is one of the animals that are permissible to be eaten the same as other land animals. The original ruling – which means in determining the halal status – for land animals is that it is permissible for as long as there is no evidence that prohibits it. Allah SWT states:
أُحِلَّتْ لَكُم بَهِيمَةُ الْأَنْعَامِ إِلَّا مَا يُتْلَىٰ عَلَيْكُمْ
“Lawful for you are the animals of grazing livestock except for that which is recited to you [in this Qur’an].” [10]
Especially, since the beaver is not included as a predator that hunts its prey for food like lions, seals and others. However, the beaver is a herbivore that only eats leaves, barks, branches, roots, aquatic plants, ferns, shrubs, corn and nuts. Furthermore, beavers never eat meat. Moreover, beaver meat is rich in protein. Its liver is rich in vitamin A and iron. Beaver meat is also safe to be eaten and one of the healthy food. The benefits of eating beaver meat are more than the risk of getting exposed to pollution. [12]
Thus, castoreum is considered pure if it is extracted from the perineal gland of a beaver that is killed according to syarak for its ruling returns to the original ruling of a slaughtered animal or an animal that dies according to syarak and it is permissible to take benefit from it from all of its body parts such as its meat, bones, fur, vein and others as long as they are not najis. [13]
Whereas if the castoreum is extracted or collected from the perineal gland of a dead beaver that has become a carcass or not killed according to syarak, then it is considered as najis. This matter is the same as the ruling of milk pressed (extracted) from an animal carcass that is permissible to be eaten. Jumhur of scholars in madhhab Maliki, Syafi’I and Hanbali and two of Abu Hanifah’s senior students which are Muhammad al-Syaibani and Qadi Abu Yusuf are of the opinion that the milk is najis and it is impermissible to take it (which means to drink it). Allah SWT states:
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ
“Prohibited to you are dead animals,” [14]
They said that the prohibition of dead animals includes the prohibition of all parts of it and it includes the part (that is prohibited) which is its milk for the liquid is inside a najis container (carcass). Thus, the container has made it (milk) najis the same as the milk squeezed from a najis container. [15]
Conclusion
According to the above arguments and discussion, we conclude it into the following matters:
- Castoreum extracted from perineal beaver gland by squeezing it is pure for its ruling is the same as the ruling of its saliva, sweat and others.
- Likewise, the castoreum is pure if it is extracted from the perineal gland of a beaver that is slaughtered or killed according to syarak. The reason is bever is one of the permissible animals to be eaten. Thus, it returns to the original ruling of a slaughtered animal or an animal that died according to syarak of which all of its body parts such as its meat, fat, bones, milk and others are not najis and it is permissible to take benefit from it whether it is to be eaten or others or as long as there is no evidence that state otherwise.
- However, if the castoreum is extracted or collected from the perineal gland of a beaver that has become a carcass or not slaughtered (killed) according to syarak, then it is considered as najis.
- Lastly, we’d also like to suggest and advise all that explanation regarding halal issues especially if it involves products and others, it is best to refer to the body of authorities in our country such as the Halal Hub Division, Department of Islamic Development Malaysia.
May Allah SWT give is a clear understanding in religion. Ameen.
Wallahu a’lam.
[2] See al-Tafsir al-Muyassar, hlm. 122
[3]See Merriam-Webster https://www.merriam-webster.com/dictionary/castoreum?utm_campaign=sd&utm_medium=serp&utm_source=jsonld. Telah diakses pada 20 Februari 2020.
[4] G.A. Burdock, Safety Assessment of Castoreum Extract as a Food Ingredient, International Journal of Toxicology, 26:51-55, (2007).
[5] Carcass of an animal that died without being slaughtered according to syarak or in other words slaughtered not following the syarak in terms of the conditions of the slaughterer, animal being slaughtered and the tool of slaughtering. (See al-Taqrirat al-Sadidah, pg. 126)
[6] See al-Taqrirat al-Sadidah, pg. 127
[7] See https://www.iamgoingvegan.com/how-is-castoreum-harvested/. Accessed on 2nd September 2021.
[8] See al-Mausu‘ah al-Fiqhiyyah al-Kuwaitiyyah, 40/85
[9] See al-Majmu‘ Syarh al-Muhazzab, 2/559
[11] See article titled What Do Beavers Eat?, https://www.animalfoodplanet.com/what-do-beavers-eat/. Accessed on 11th Mac 2020.
[12] See Beaver Environmental Health – Contaminants Fact Sheet, https://www.hss.gov.nt.ca/sites/hss/files/resources/contaminants-fact-sheets-beaver.pdf. Accessed on 11th Mac 2020.
[13] See al-Bayan, 1/80; al-Mausu‘ah al-Fiqhiyyah al-Kuwaitiyyah, 5/153