Whilst discussing Istihsaan we mentioned some practical examples of the application of Istihsaan and the different types of Istihsaan and now we will present some other examples:

Example:

The saliva (spittle) of the beak of the predatory bird and this issue relates to what is left behind in the water after predatory birds drink from it like a hawk, vulture, crow or eagle. The spittle of these birds is pure (Taahir) based on Istihsaan and Najas (impure) based on Qiyaas.

The angle of analogy (Al-Qiyaas):

The saliva of animals whose flesh is prohibited is Najas like that of a panther (or cheater), tiger, lion (or beast of prey) and wolf. The saliva or spittle of the predatory birds, which are prohibited to eat the flesh of, has by analogy (Qiyaas) been judged to be Najas (impure).

The angle of Istihsaan:

In respect to the predatory birds, even if the flesh is prohibited, their saliva generated from their flesh does not mix with their spit because they drink with their beaks and this is a pure bone. As for the spittle of the predatory beasts then they drink with their tongues which is mixed with their saliva and for that reason their spit is Najas.

Another example:

The sale of that which does not exist (Al-Ma’doom) is Baatil (invalid) due to the Qawl of the Messenger (saw):

However, ‘As-Salam’ (forward/advanced buying) has been exempted by way of Istihsaan due to the statement of the Messenger (saw):