42. Drinks

Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibnYazid 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 itwas the drink of boiled fruit juice, and I am inquiring about what hehas drunk. If it intoxicates, I will flog him." Umar then flogged himwith the complete hadd. Yahya related to me from Malik from Thawr ibn Zayd ad-Dili thatUmar ibn al-Khattab asked advice about a man drinking wine. Ali ibnAbi Talib said to him, "We think that you flog him for it with eightylashes. Because when he drinks, he becomes intoxicated, and when hebecomes intoxicated, he talks confusedly, and when he talksconfusedly, 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 askedabout the hadd of the slave for wine. He said, "I heard that he hashalf the hadd of a freeman for drinking wine. Umar ibn al-Khattab,Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with halfof the hadd of a freeman when they drank wine." Yahya related to me from Malik from Yahya ibn Said that he heardSaid ibn al-Musayyab say, "There is nothing that Allah does not liketo be pardoned as long as it is not a hadd." Yahya said thatMalik said, "The sunna with us is that the hadd is obliged againstanyone who drinks something intoxicating whether or not he becomesdrunk." Yahya related to me from Malik from Nafi from Abdullah ibn Umarthat the Messenger of Allah, may Allah bless him and grant him peace,addressed the people in one of his raids. Abdullah ibn Umar said, "Iwent towards him, but he finished before I reached him. I asked aboutwhat he had said. Someone said to me, 'He forbade preparing nabidh ina gourd or in a jug smeared with pitch.'" Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibnYaqub from his father from Abu Hurayra that the Messenger of Allah,may Allah bless him and grant him peace, forbade preparing nabidh in agourd or in a jug smeared with pitch. Yahya related to me from Malik from Zayd ibn Aslam from Ata ibnYasar that the Messenger of Allah, may Allah bless him and grant himpeace, forbade preparing nabidh from nearly ripe dates and fresh datestogether, and from dates and raisins together. Yahya related to me from Malik from a reliable source from Bukayribn Abdullah ibn al-Ashajj from Abd ar-Rahman ibn al-Hubab al-Ansarifrom Abu Qatada al-Ansari that the Messenger of Allah, may Allah blesshim and grant him peace, forbade making nabidh from dates and raisinstogether, and nearly ripe dates and fresh dates together. Malik said, "That is the way of doing things among us in which thepeople of knowledge in our city continue. It is disapproved of becausethe Messenger of Allah, may Allah bless him and grant him peace,forbade it." Yahya related to me from Malik from ibn Shihab from Abu Salamaibn Abd ar-Rahman that A'isha, the wife of the Prophet, may Allahbless him and grant him peace, said, "The Messenger of Allah, mayAllah bless him and grant him peace, was asked about mead, and hereplied, 'Every drink which intoxicates is haram.' " Yahya related to me from Malik from Zayd ibn Aslam from Ata ibnYasar that the Messenger of Allah, may Allah bless him and grant himpeace, 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 Umarthat 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 intawba, it is haram for him in the Next World." Yahya related to me from Malik from Zayd ibn Aslam that Ibn Walaal-Misri asked Abdullah ibn Abbas about what is squeezed from thegrapes. Ibn Abbas replied, "A man gave the Messenger of Allah, mayAllah bless him and grant him peace, a small water-skin of wine. TheMessenger of Allah, may Allah bless him and grant him peace, said tohim, '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, mayAllah bless him and grant him peace, asked what he had whispered, andthe man replied, 'I told him to sell it.' The Messenger of Allah, mayAllah bless him and grant him peace, said, 'The One who made drinkingit 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 AbiTalha that Anas ibn Malik said, "I was serving wine to Abu Ubayda ibnal-Jarrah and Abu Talha al-Ansari and Umayy ibn Kab. The wine had beenprepared from crushed ripe dates and dried dates. Someone came to themand said, 'Wine has been made haram.' Abu Talha ordered me to go andtake the jugs and break them. I stood up and went to a mortar of oursand I struck them with the bottom of it until they broke." Yahya related to me from Malik from Da'ud ibn al-Husayn thatWaqid 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 ofash-Sham complained to him about the bad air of their land and itsheaviness. They said, "Only this drink helps." Umar said, "Drink thishoney preparation." They said, "Honey does not help us." A man fromthe people of that land said, "Can we give you something of this drinkwhich does not intoxicate?" He said, "Yes." They cooked it until two-thirds of it evaporated and one-third of it remained. Then theybrought it to Umar. Umar put his finger in it and then lifted his headand extended it. He said, "This is fruit juice concentrated byboiling. This is like the distillation with which you smear thecamel's scabs." Umar ordered them to drink it. Ubada ibn as-Samit saidto 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 madeharam for them! I will not make anything haram for them which You havemade halal for them." Yahya related to me from Malik from Nafi from Abdullah ibn Umarthat some men from Iraq said to him, "Abu Abd ar-Rahman, we buy thefruit of the palm and grapes and we squeeze them into wine and we sellit." Abdullah ibn Umar said, "I call on Allah and His angels andwhoever hears of jinn and men to testify to you that I order you notto buy it nor sell it nor to press it nor to drink it nor to give itto people to drink. It is something impure from the work of Shaytan."