بَابُ بَيَانِ الْخَمْرِ وَوَعِيْدِ شَارِبِهَاThe Clarification of Wine and the Threat Against Its Drinker

And the statement of Allah, the Exalted: O you who have believed, indeed, wine, gambling, [sacrificial] altars, and divining arrows are but defilement from the work of Satan, so avoid it that you may succeed. Satan only wants to cause between you animosity and hatred through wine and gambling and to avert you from the remembrance of Allah and from prayer. So will you not desist? (Al-Ma’ida: 90-91)

And His statement, the Exalted: I will press wine (Yusuf: 36)

² The statement: O you who have believed, indeed, wine, gambling, etc.: There are seven proofs in this verse for the prohibition of wine. First: His saying defilement, and defilement is impurity, and every impure thing is forbidden. Second: His saying from the work of Satan (Al-Ma’ida: 90), and whatever is from his work is forbidden. Third: His saying so avoid it (Al-Ma’ida: 90), and whatever Allah commands to avoid is forbidden. Fourth: His saying that you may succeed (Al-Ma’ida: 90), and whatever success is tied to avoiding, its commission is forbidden. Fifth: His saying Satan only wants to cause between you animosity and hatred through wine and gambling (Al-Ma’ida: 91), and whatever causes animosity and hatred among Muslims is forbidden. Sixth: His saying and to avert you from the remembrance of Allah and from prayer (Al-Ma’ida: 91), and whatever Satan uses to divert Muslims from Allah’s remembrance and prayer is forbidden. Seventh: His saying So will you not desist? (Al-Ma’ida: 91), meaning desist, and whatever Allah commands His servants to desist from, its commission is forbidden (Al-Kashshaf). I say: The eighth is its association with idols, as He said: indeed, wine, gambling, [sacrificial] altars, and divining arrows (Al-Ma’ida: 90), and whatever is associated with disbelief is at least forbidden. Hence, the commentator likened the drinker of wine to an idol-worshipper and the drinker of wine to a worshipper of Lat and Uzza. As in (Al-Mirqat).

¹ The statement: I will press wine: They said: This indicates that wine is what is pressed, not what is infused. As in (Nayl al-Awtar).

Salim ibn Abdullah ibn Ubayd narrated that the Messenger of Allah (ﷺ) said: Indeed, from grapes there is wine, and I forbid you from every intoxicant. [Narrated by Al-Tahawi.]

In another narration by him from Ibn Abbas (may Allah be pleased with them), he said: Wine is prohibited in itself, and the intoxicant from every drink. And in a narration by Al-Tabarani and Al-Daraqutni, something similar. Al-Nasa’i narrated in his Sunan through multiple chains from Ibn Abbas (may Allah be pleased with them), who said: Wine is prohibited, whether little or much, and the intoxicant from every drink.

In another narration: Wine is prohibited in itself, little or much, and the intoxicant from every drink. And in another narration: Wine is prohibited, little or much, and whatever intoxicates from every drink. And Al-Bazzar narrated something similar. Our companions said: The intoxicant from every drink in these narrations is other than wine because the conjunction implies distinction.

Abd al-Razzaq narrated from Ibn Amr with a good chain, who said: As for wine, it is forbidden with no way to it, but as for other drinks, every intoxicant is forbidden.

In a narration by Abu Dawud (may Allah be pleased with him), the Prophet (ﷺ) forbade wine, gambling, the drum, and ghubayra, and said: Every intoxicant is forbidden.

Abu Dawud and Ibn Majah narrated from Ibn Umar (may Allah be pleased with them), who said: The Messenger of Allah (ﷺ) said: Allah has cursed wine, its drinker, its server, its seller, its buyer, its presser, the one for whom it is pressed, its carrier, and the one to whom it is carried.

In a narration by Muslim: Whoever drinks wine in this world and dies addicted to it without repenting will not drink it in the Hereafter.

First: Wine, which is the raw juice of grapes when it ferments, becomes strong, and throws off foam. This is according to Abu Hanifa. According to the other two [Abu Yusuf and Muhammad], it becomes wine when it becomes strong, without throwing off foam, and the three [imams] agreed on this. Abu Hanifa argues that fermentation itself is strength, and its completion is with the throwing off foam and its settling, as it then separates the clear from the turbid. The rulings of Sharia are definitive, so they are tied to the final state, like the prescribed punishment and declaring one who permits it a disbeliever. Its rulings are that it is forbidden, whether little or much.

Second: Badhaq, which is minimally cooked, and it is permissible when sweet. If it ferments and becomes strong, it is forbidden. Third: Munsaf, which is cooked until half evaporates, and its ruling is like badhaq. Fourth: Muthallath, which is cooked until two-thirds evaporate and one-third remains; it is permissible even if it ferments and becomes strong. This is according to Abu Hanifa and Abu Yusuf. Muhammad, Malik, and Al-Shafi’i (may Allah have mercy on them) said: It is forbidden, little or much. This disagreement applies when it is intended for strength. If it is intended for amusement, it is unanimously forbidden. From Muhammad, there is a narration like theirs, another that he disliked it, and another that he paused, saying: I neither forbid nor permit it. Fifth: Jamhuri, which is from grape juice when water is added to it and cooked until one-third evaporates and two-thirds remain; its ruling is like badhaq.

From raisins, two types are made: Naqi’ and nabidh. The first is when raisins are soaked in water and left until the water extracts its sweetness; its ruling is like badhaq. The second is from raisin water when minimally cooked; its ruling is like muthallath. From dates, three types are made: Sakar, which is made from date water; fadikh, made from unripe date water, and its ruling is like badhaq; and nabidh, made from date or unripe date water when minimally cooked, and its ruling is like muthallath. What is made from honey, pears, pomegranates, corn, or wheat is like muthallath.

Know that wine being the name for the raw juice of grapes when it becomes intoxicating is agreed upon by linguists, so its use became well-known. In other cases, it is called by different names metaphorically. This is our view. Al-Shafi’i and others said: Wine is the name for every intoxicant, based on what was narrated from Ibn Umar that he (ﷺ) said: Every intoxicant is wine, and every intoxicant is forbidden. And from Al-Nu’man ibn Bashir, who said: The Messenger of Allah (ﷺ) said: Indeed, from wheat there is wine, from barley there is wine, from raisins there is wine, from dates there is wine, and from honey there is wine. And from Abu Hurayra, who said: He (ﷺ) said: Wine is from these two trees: the palm and the grapevine. And because wine is called wine due to its veiling (khamr) of the intellect, and every intoxicant veils the intellect.

We say: Wine is literally the name for the raw juice of grapes when it becomes intoxicating. Other drinks each have their own names, like muthallath, badhaq, tala’, munsaf, sakar, and the like. Calling them wine is metaphorical. The opponents’ narrations are interpreted accordingly, supported by the narrations in this chapter, as the intoxicant from every drink is other than wine in these narrations because the conjunction implies distinction.

The detail: His saying (ﷺ): Wine is from these two trees: the palm and the grapevine has been interpreted in several ways. First: This narration and similar ones aim to clarify the ruling, which is prohibition, not the literal meaning, as this suits the prophetic mission. The Prophet (ﷺ) was sent to clarify rulings, not literal meanings, like saying: This is a stone, this is a tree, as everyone knows that. Second: The phrase from these two trees may mean one of them, as in Allah’s saying: O company of jinn and mankind, did there not come to you messengers from among you? (Al-An’am: 130), and the messengers were from humans, not jinn. And His saying: From both of them emerge pearl and coral (Al-Rahman: 22), though they emerge from one. So, the intended meaning of wine is that from grapes, not palms. Third: It may refer to both trees, and whatever is fermented from their fruit is wine. Fourth: It may mean wine comes from these two trees, though they differ, but the intent from grapes is what is literally understood as wine, so it is called wine, whether little or much, intoxicating or not. From dates, it means what is intoxicating, so non-intoxicating date drinks are not included, and the same applies to other drinks called wine.

If you say: Everything that intoxicates is called wine, as in Ibn Umar’s narration that the Prophet (ﷺ) said: Every intoxicant is wine, and every intoxicant is forbidden. I say: The intent in this narration and similar ones is that it is called wine when it causes intoxication, unlike strong grape juice, which is wine whether it intoxicates or not. The evidence is his saying (ﷺ): Wine is what veils the intellect, as it is called wine when it veils the intellect, unlike strong grape juice.

If you say: When the Prophet’s caller announced that wine was forbidden, they abstained and broke the jars without objecting or saying: We were drinking fadikh. Had they not considered it wine, they wouldn’t have abstained? I say: The fadikh they were drinking was intoxicating, and the intoxicant is called wine due to its veiling of the intellect. The literal wine is from raw, strong grape juice, so the prescribed punishment applies to it, even in small amounts. Other drinks only warrant punishment when intoxicating.

Our saying that wine is from grapes alone does not contradict the Companions’ statement: Wine is from five things, nor does their eloquence harm it. They used both literal and metaphorical language, which is the essence of eloquence. Only those with a refined sense of language distinguish between them. The Companions did not call juice from non-grapes wine by linguistic designation but by naming, and naming differs from designation without dispute. Their naming was by analogy and metaphor, not literal. They spilled what was made from dates and fresh dates because it was intoxicating then, so they called it wine due to its intoxication, not by linguistic designation.

The evidence that it was intoxicating when the news of wine’s prohibition reached them is what Abu Asim narrated: When their heads tilted, someone entered and said: Wine is forbidden. No one left or entered until we broke the jars and spilled the drink. Had it not been intoxicating, they wouldn’t have done so. Al-Tahawi narrated from Anas, who said: Abu Ubayda ibn al-Jarrah, Suhayl ibn Bayda, and Ubayy ibn Ka’b were at Abu Talha’s, and I was serving them a drink until it almost took effect. And at the end: It was from unripe dates and dates, and that was our wine then. Ahmad narrated it similarly, stating: Until the drink almost took effect. In another narration by Al-Tahawi: Until it quickly affected them. This loudly proclaims that their drink was intoxicating, and when the news of wine’s prohibition reached them, they stopped drinking and spilled what remained.

Even if wine is named for veiling the intellect, this doesn’t mean everything that veils the intellect is called wine. A horse with one white side and one black is called ablaq, but a cloth with black and white isn’t. A star is called najm due to its appearance, and it refers to the known star or Pleiades, not everything that appears. Similarly, qarura (bottle) is derived from qarar (stability) but isn’t the name for everything stable. Linguists state that wine is from grapes, and what is made from other sources is called wine only metaphorically. [Taken from Uqud al-Jawahir, Al-Hidaya, Sharh al-Kanz, and Umdat al-Qari]

Umm Salama (may Allah be pleased with her) said: The Messenger of Allah (ﷺ) forbade every intoxicant and every relaxant. [Narrated by Abu Dawud]

Jabir (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: Whatever intoxicates in large amounts, its small amount is forbidden. [Narrated by Al-Tirmidhi, Abu Dawud, and Ibn Majah]

Ahmad, Al-Tirmidhi, and Abu Dawud narrated from Aisha (may Allah be pleased with her) that the Messenger of Allah (ﷺ) said: If a faraq of it intoxicates, a handful of it is forbidden. Muhammad said: Whatever intoxicates in large amounts, its small amount is forbidden, and this is followed in our time due to the prevalence of corruption.

Abu Dawud narrated from Daylam al-Himyari, who said: I said to the Messenger of Allah (ﷺ): O Messenger of Allah, we live in a cold land and engage in hard work, and we make a drink from this wheat to gain strength for our work and to combat the cold of our land. He said: Does it intoxicate? I said: Yes. He said: Then avoid it. I said: The people won’t abandon it. He said: If they don’t abandon it, fight them.

As for others, nabidh is made from grains, fruits, or milk, called anbidha. Their ruling is that if they ferment and become strong, the small amount, non-intoxicating, is permissible if intended for strength in worship, but forbidden if for amusement. The large amount, intoxicating, is forbidden. His saying (ﷺ): Every drink that intoxicates refers to the part that causes intoxication, which is forbidden. This is the view of Abu Hanifa, Abu Yusuf, Waki’ ibn Jarrah, and Sufyan al-Thawri, though Sufyan may have retracted. In Al-Hidaya, Al-Awza’i agreed with Abu Hanifa generally, as did some Companions, though opponents interpreted their statements. Other imams also agreed with the two shaykhs generally. Ibn Mas’ud said something similar to Abu Hanifa. The four drinks are permissible according to the two shaykhs if they ferment and become strong; otherwise, they are not forbidden by consensus.

Abu Hanifa’s evidence includes that a man drank nabidh from Umar’s skin and became intoxicated, so he was punished. Umar said: I punished you for intoxication. The strongest evidence for Abu Hanifa is what Al-Tahawi narrated, raised: Drink but do not become intoxicated. Some Hanafis said: Every forbidden thing has a permissible type, so nabidh is permissible from the type of forbidden wine. Similarly, silk is forbidden, but four fingers’ worth is permissible for men, and so with gold and silver. Some from the Ahl al-Bayt said something similar to some Hanafis, stating that Saul’s river was forbidden in large amounts but permissible in small amounts, showing a basis for this view.

I say, rephrasing their words without changing their intent, which is beneficial: They said that everything except the four drinks is permissible in small amounts for strength in worship and forbidden for amusement. I say, rephrasing: Everything except the four is forbidden except a small amount for strength in worship. The difference is that their phrasing suggests permissibility is the default, and prohibition comes with amusement. My phrasing suggests prohibition is the default, and permissibility is for a small amount for strength in worship. Thus, strength is like treatment, shifting the matter to treatment, so the many narrations don’t contradict Abu Hanifa. This is like saying carrion is forbidden except in necessity, so strength in worship is an exception. Thus, all narrations about intoxicants being forbidden apply literally, like saying carrion is forbidden. For detailed evidence for Abu Hanifa from narrations and otherwise, see Al-Arf al-Shadhi, Badhl al-Majhud, Ghayat al-Bayan, and Mi’raj al-Hidaya.

As for Al-Shafi’i, Ahmad, Malik, Muhammad ibn al-Hasan, and most Companions, they held that every liquid intoxicant is forbidden, little or much, intoxicating or not, but solid intoxicants are not wine. Our jurists issued fatwas based on Muhammad ibn al-Hasan’s view due to his saying (ﷺ): Whatever intoxicates in large amounts, its small amount is forbidden. This was stated by Al-Zayla’i and others like the authors of Al-Multaqa, Al-Mawahib, Al-Kifaya, Al-Nihaya, Al-Mi’raj, Sharh al-Majma’, Sharh Durar al-Bihar, Al-Qahistani, and Al-Ayni, who said: The fatwa in our time is with Muhammad’s view due to the prevalence of corruption. Some explained: Because the corrupt gather over these drinks, intending amusement and intoxication.

I say: It appears their intent is absolute prohibition, closing the door completely. Otherwise, prohibition for amusement is not disputed but [Agreed upon] Since amusement, not strength in obedience, prevails in these times, they prohibited it entirely. Reflect. The commentator of Al-Wahbaniyya preferred this, stating it was narrated from all. [Taken from Al-Arf al-Shadhi, Al-Durr al-Mukhtar, Radd al-Muhtar, and Nayl al-Awtar]

Jabir (may Allah be pleased with him) narrated that a man came from Yemen and asked the Prophet (ﷺ) about a drink they make in their land from corn called mizr. The Prophet (ﷺ) said: Is it intoxicating? He said: Yes. He said: Every intoxicant is forbidden. Indeed, Allah has a covenant that whoever drinks an intoxicant will be made to drink from the mud of khabal. They said: O Messenger of Allah, what is the mud of khabal? He said: The sweat of the people of Hell, or the juice of the people of Hell. [Narrated by Muslim]

Abdullah ibn Umar (may Allah be pleased with them) narrated that the Messenger of Allah (ﷺ) said: Whoever drinks wine, Allah will not accept his prayer for forty mornings. If he repents, Allah will accept his repentance. If he returns, Allah will not accept his prayer for forty mornings. If he repents, Allah will accept his repentance. If he returns, Allah will not accept his prayer for forty mornings. If he repents, Allah will accept his repentance. If he returns a fourth time, Allah will not accept his prayer for forty mornings. If he repents, Allah will not accept his repentance, and He will make him drink from the river of khabal. [Narrated by Al-Tirmidhi, Al-Nasa’i, Ibn Majah, and Al-Darimi from Abdullah ibn Amr]

Abu Umama (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: Indeed, Allah, the Exalted, sent me as a mercy to the worlds and a guidance to the worlds. My Lord, Mighty and Exalted, commanded me to destroy musical instruments, flutes, idols, crosses, and the affairs of Jahiliyya. My Lord, Mighty and Exalted, swore by His might that no servant of His will drink a gulp of wine except that I will make him drink its equivalent from pus, and no one will abandon it out of fear of Me except that I will make him drink from the pools of holiness. [Narrated by Ahmad]

Abdullah ibn Amr (may Allah be pleased with them) narrated that the Prophet (ﷺ) said: An undutiful child, a gambler, a begrudging giver, and an addict to wine will not enter Paradise. [Narrated by Al-Darimi]

In another narration by him: Nor a child of adultery instead of a gambler.

Ibn Umar (may Allah be pleased with them) narrated that the Messenger of Allah (ﷺ) said: Three have been forbidden Paradise by Allah: an addict to wine, an undutiful child, and a cuckold who tolerates immorality in his household. [Narrated by Ahmad and Al-Nasa’i]

Abu Musa al-Ash’ari (may Allah be pleased with him) narrated that the Prophet (ﷺ) said: Three will not enter Paradise: an addict to wine, one who severs family ties, and one who believes in magic. [Narrated by Ahmad.]

Ibn Abbas (may Allah be pleased with them) narrated that the Messenger of Allah (ﷺ) said: An addict to wine, if he dies, will meet Allah like an idol-worshipper. [Narrated by Ahmad, Ibn Majah from Abu Hurayra, and Al-Bayhaqi in Shu’ab al-Iman from Muhammad ibn Ubaydullah. Al-Bayhaqi said: Al-Bukhari mentioned in Al-Tarikh from Muhammad ibn Abdullah from his father]

Abu Musa (may Allah be pleased with him) said: I don’t care if I drank wine or worshipped this pillar instead of Allah. [Narrated by Al-Nasa’i, stopped at Abu Musa]

Safiyya bint Atiyya said: I entered with some women from Abd al-Qays to Aisha and asked her about dates and raisins. She said: I used to take a handful of dates and a handful of raisins, put them in a vessel, crush them, and give it to the Prophet (ﷺ) to drink. [Narrated by Abu Dawud]

In another narration by him from Aisha: The Messenger of Allah (ﷺ) had nabidh made for him with raisins, and dates were added to it, or with dates, and raisins were added to it. Al-Bayhaqi narrated both in his Sunan.

Ibn Majah narrated from her: We used to make nabidh for the Messenger of Allah (ﷺ) in a waterskin. We would take a handful of dates or raisins, put them in it, then pour water over it. We would make it in the morning, and he would drink it in the evening, or make it in the evening, and he would drink it in the morning.

What was narrated that he forbade combining dates and raisins, or raisins and fresh dates, or fresh dates and unripe dates, is interpreted as applying to when it becomes strong. This was in the beginning when Muslims faced hardship and scarcity.

In Al-Binaya and elsewhere: This prohibition was advisory during times of drought and scarcity. In times of abundance, there is no issue, as Ibn Adi narrated in Al-Kamil from Umm Sulaym and Abu Talha that they drank nabidh from unripe dates and raisins mixed together. Abu Talha was told: The Messenger of Allah (ﷺ) forbade that. He said: That was only for that time, like the prohibition of combining two types of dates. Abu Dawud narrated from Aisha that the Messenger of Allah (ﷺ) had nabidh made with dates and raisins added. There are other narrations and reports in this regard from Sharh al-Kanz and Al-Ta’liq al-Mumajjad. [By quotation.]

Umm Salama (may Allah be pleased with her) narrated that she had a sheep she was milking, and the Prophet (ﷺ) missed it and said: What happened to the sheep? They said: It died. He said: Why didn’t you benefit from its hide? We said: It’s carrion. The Prophet (ﷺ) said: Its tanning makes it permissible, just as vinegar makes wine permissible. [Narrated by Al-Daraqutni]

Al-Bayhaqi narrated in Al-Ma’rifa from Jabir (may Allah be pleased with him) that the Prophet (ﷺ) said: The best of your vinegar is the vinegar of your wine.

Al-Tahawi narrated in Mushkil al-Athar from Abu Idris al-Khawlani that Abu al-Darda’ used to eat murri containing wine, saying: The sun and salt have tanned it. Muhammad said in Kitab al-Hujaj: It reached us from Ali ibn Abi Talib (may Allah be pleased with him) that he dyed with wine, and from Ibn Abbas, and from Abu al-Darda’, who said: There is no issue with wine vinegar.

Muhammad narrated in Al-Hujaj from Ata’ ibn Abi Rabah about a man who inherited wine. He said: Spill it. I said: What if water is poured into it and it turns to vinegar? He said: If it turns, there is no issue with it; he may sell it if he wishes. Al-Tahawi said: The narrations prohibiting making vinegar are interpreted as strictness and emphasis, as it was in the beginning of Islam, like the ruling on a dog’s leftover water, evidenced by some narrations ordering the breaking of jars and cutting of waterskins.

Our response about his saying (ﷺ) “No” is that the people were accustomed to wine, and souls incline to what is familiar. The Prophet (ﷺ) feared Satan’s whispers, so he forbade them from it as a precaution, lest they use vinegar-making as a means to wine. After a long period of prohibition, such whispers are not feared, supported by his saying: What an excellent condiment is vinegar, narrated by Muslim from Aisha, and The best of your vinegar is the vinegar of your wine, narrated by Al-Bayhaqi in Al-Ma’rifa from Jabir, raised, interpreted as clarifying the ruling, as this suits the legislator’s role, not linguistic definition. [Compiled from Sharh al-Kanz, Al-Binaya, and Al-Mirqat.] In Al-Mabsut: The prohibition of making vinegar in his saying: No means using wine as vinegar, like eating it as a condiment or dyeing with it, similar to the narration that the Prophet (ﷺ) forbade making the forbidden permissible and the permissible forbidden, or using animals as chairs. The intent is usage. When Allah said: They have taken their scholars and monks as lords besides Allah (Al-Tawba: 31), Adi ibn Hatim said: We never worshipped them. The Prophet (ﷺ) said: Did they not command and forbid, and you obeyed? He said: Yes. He said: That’s it. He interpreted taking as usage. In Abu Talha’s narration, some narrators mentioned: Should I not make it vinegar? He said: Yes. If authentic, the prohibition of vinegar-making was initial to deter from a familiar habit. It was hard for them to abstain from wine, so the Prophet (ﷺ) ordered spilling wines and forbade vinegar-making for this reason, like ordering the killing of dogs to strongly deter from keeping them. He didn’t trust them to spare orphans’ wines, as no wine remained in their hands, so he ordered spilling orphans’ wines for deterrence. The guardian’s duty is to prevent spoiling the orphan’s wealth, not to fix what is spoiled.

Don’t you see that if an orphan’s sheep dies, the guardian isn’t obliged to tan its hide, though it’s permissible if done? Similarly, he isn’t obliged to make vinegar, though it’s permissible if done. Since vinegar-making is permissible, so is making murri from wine by adding salt and fish, as it destroys the wine’s quality, like vinegar-making. What was narrated from Umar prohibiting it contradicts what was narrated from Ibn Abbas, who said: No issue with it. The interpretation of Umar’s narration is like the raised narration, prohibited as a policy for deterrence.

Wa’il al-Hadrami narrated that Tariq ibn Suwayd asked the Prophet (ﷺ) about wine, and he forbade it. He said: I only make it for medicine. He said: It is not a medicine but a disease. [Narrated by Muslim.]