كتاب الأشربةDrinks

Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn

Yazid informed him that Umar ibn al-Khattab came out to them. He said,

"I have found the smell of wine on so-and-so, and he claimed that it

was the drink of boiled fruit juice, and I am inquiring about what he

has drunk. If it intoxicates, I will flog him." Umar then flogged him

with the complete hadd.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that

Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn

Abi Talib said to him, "We think that you flog him for it with eighty

lashes. Because when he drinks, he becomes intoxicated, and when he

becomes intoxicated, he talks confusedly, and when he talks

confusedly, he lies." (80 lashes is the same amount as for slandering)

Umar gave eighty lashes for drinking wine.

Yahya related to me from Malik from Ibn Shihab that he was asked

about the hadd of the slave for wine. He said, "I heard that he has

half the hadd of a freeman for drinking wine. Umar ibn al-Khattab,

Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with half

of the hadd of a freeman when they drank wine."

Yahya related to me from Malik from Yahya ibn Said that he heard

Said ibn al-Musayyab say, "There is nothing that Allah does not like

to be pardoned as long as it is not a hadd."

Yahya said that

Malik said, "The sunna with us is that the hadd is obliged against

anyone who drinks something intoxicating whether or not he becomes

drunk."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that the Messenger of Allah, may Allah bless him and grant him peace,

addressed the people in one of his raids. Abdullah ibn Umar said, "I

went towards him, but he finished before I reached him. I asked about

what he had said. Someone said to me, 'He forbade preparing nabidh in

a gourd or in a jug smeared with pitch.'"

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn

Yaqub from his father from Abu Hurayra that the Messenger of Allah,

may Allah bless him and grant him peace, forbade preparing nabidh in a

gourd or in a jug smeared with pitch.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn

Yasar that the Messenger of Allah, may Allah bless him and grant him

peace, forbade preparing nabidh from nearly ripe dates and fresh dates

together, and from dates and raisins together.

Yahya related to me from Malik from a reliable source from Bukayr

ibn Abdullah ibn al-Ashajj from Abd ar-Rahman ibn al-Hubab al-Ansari

from Abu Qatada al-Ansari that the Messenger of Allah, may Allah bless

him and grant him peace, forbade making nabidh from dates and raisins

together, and nearly ripe dates and fresh dates together.

Malik said, "That is the way of doing things among us in which the

people of knowledge in our city continue. It is disapproved of because

the Messenger of Allah, may Allah bless him and grant him peace,

forbade it."

Yahya related to me from Malik from ibn Shihab from Abu Salama

ibn Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah

bless him and grant him peace, said, "The Messenger of Allah, may

Allah bless him and grant him peace, was asked about mead, and he

replied, 'Every drink which intoxicates is haram.' "

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn

Yasar that the Messenger of Allah, may Allah bless him and grant him

peace, was asked about al-Ghubayra. He said, "There is no good in it,"

and forbade it. Malik said, "I asked Zayd ibn Aslam, 'What is al-

Ghubayra?' He said, 'It is an intoxicant.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that the Messenger of Allah, may Allah bless him and grant him peace,

said "Whoever drinks wine in this world and does not turn from it in

tawba, it is haram for him in the Next World."

Yahya related to me from Malik from Zayd ibn Aslam that Ibn Wala

al-Misri asked Abdullah ibn Abbas about what is squeezed from the

grapes. Ibn Abbas replied, "A man gave the Messenger of Allah, may

Allah bless him and grant him peace, a small water-skin of wine. The

Messenger of Allah, may Allah bless him and grant him peace, said to

him, 'Don't you know that Allah has made it haram?' He said, 'No.'

Then a man at his side whispered to him. The Messenger of Allah, may

Allah bless him and grant him peace, asked what he had whispered, and

the man replied, 'I told him to sell it.' The Messenger of Allah, may

Allah bless him and grant him peace, said, 'The One who made drinking

it haram has made selling it haram.' The man then opened the water-

skins and poured out what was in them ."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi

Talha that Anas ibn Malik said, "I was serving wine to Abu Ubayda ibn

al-Jarrah and Abu Talha al-Ansari and Umayy ibn Kab. The wine had been

prepared from crushed ripe dates and dried dates. Someone came to them

and said, 'Wine has been made haram.' Abu Talha ordered me to go and

take the jugs and break them. I stood up and went to a mortar of ours

and I struck them with the bottom of it until they broke."

Yahya related to me from Malik from Da'ud ibn al-Husayn that

Waqid ibn Amr ibn Sad ibn Muadh informed him from Mahmud ibn Labid al-

Ansari that when Umar ibn al-Khattab went to ash-Sham, the people of

ash-Sham complained to him about the bad air of their land and its

heaviness. They said, "Only this drink helps." Umar said, "Drink this

honey preparation." They said, "Honey does not help us." A man from

the people of that land said, "Can we give you something of this drink

which does not intoxicate?" He said, "Yes." They cooked it until two-

thirds of it evaporated and one-third of it remained. Then they

brought it to Umar. Umar put his finger in it and then lifted his head

and extended it. He said, "This is fruit juice concentrated by

boiling. This is like the distillation with which you smear the

camel's scabs." Umar ordered them to drink it. Ubada ibn as-Samit said

to him, "You have made it halal, by Allah!" Umar said, "No, by Allah!

O Allah! I will not make anything halal for them which You have made

haram for them! I will not make anything haram for them which You have

made halal for them."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar

that some men from Iraq said to him, "Abu Abd ar-Rahman, we buy the

fruit of the palm and grapes and we squeeze them into wine and we sell

it." Abdullah ibn Umar said, "I call on Allah and His angels and

whoever hears of jinn and men to testify to you that I order you not

to buy it nor sell it nor to press it nor to drink it nor to give it

to people to drink. It is something impure from the work of Shaytan."