Is the milk and rennet (infuha) from a dead animal (maitah) considered ritually impure (najis)?
Chapter on Utensils
Al-Mughni
Book of Purification
Primary text
The apparent ruling in the madhhab states that the milk and rennet derived from a dead animal are impure. This view is held by Malik and Al-Shafi'i. The evidence supporting the impurity rests on the principle that it is a fluid contained within an impure vessel, thus rendering it impure, similar to milk drawn into an impure container. Furthermore, if this substance were to touch the dead animal after being separated from it, it would be impure; therefore, it is impure even before separation.
Supporting text
An alternative opinion holds that the milk and rennet are pure. This view is attributed to Abu Hanifa and Dawud. The evidence cited is the action of the Companions (Sahaba), may Allah be pleased with them, who ate cheese upon entering cities where cheese production relied on rennet taken from young goats. Since rennet functions similarly to milk, and their slaughtered animals were considered *maitah* (dead animals), this implies permissibility. Additionally, there is a report that the Companions who came to Iraq with Khalid broke an army of the Persians, and after the Muslims finished fighting, they ate the food left on the tables, which was presumably meat. If ruling on impurity of animals slaughtered in that land invalidated eating their meat, then cheese would be permissible a fortiori. Therefore, if one enters a land inhabited by Magians and People of the Book, it is permissible to eat their cheese and meat, citing the actions of the Prophet (PBUH) and his Companions as precedent.