[Co-authored by Mohammed Talat, a Masters student of classical jurisprudence at Al-Azhar University.]
In general, scholars agree khamr was prohibited after the battle of Uḥud according to the historians. (Ibn Hisham, al-Sira al-Nabawiyya 2:190–191; Ibn Kathir, al-Bidaya wa al-Nihaya, 3:127–128) However, they differed about the exact time of the battle, and most of them said it was in the third year after the Hijra. By examining the historical development of the issue of khamr in Islam, there are three stages relating to khamr: drinking it as a lawful drink, prohibition of a state of intoxication when praying and a general prohibition in the third year of Hijrah.
Ibn Rushd's opening discussion on khamr is widely known by Muslims about the scholarship regarding alcohol:
"With respect to khamr, [Muslim jurists] are agreed about its prohibition in small or large quantities, I mean, that which is derived from grape juice... They agreed that the amount which intoxicates is prohibited. The majority of the jurists of Hijaz, as well as the majority of the traditionalists, maintained that small and large amounts of intoxicating liquor are prohibited..."
The expression Hijazis refers to the Shafi'is, Malikis and Hanbalis along with Shi'is and Zaydis who also adopted this position.
While there was an early historic consensus regarding the prohibition of an intoxicating drink derived from grapes, disagreements persisted regarding intoxicants obtained from non-grape sources. In lines following the above citation, Ibn Rushd reveals the Iraqis took quite a different position for non-khamr intoxicating beverages, disrupting any attempt to claim a homogeneous position on alcohol, Abu Hanifa, Ibrahim al-Nakha'i, Sufyan al-Thawri, Ibn Abi Layla, Shurayk, Ibn Shubrama and the remaining jurists of Kufa, along with the majority of Basran jurists
Maliki critiques used arguments rooted in the Qur'an, whilst Shafi'ites focused on Prophetic hadiths and sayings of the companions. Hanafis argued the prohibition was limited to a single drink, khamr, other drinks forbidden only if consumed beyond the point of intoxication.
Later Hanafis, beginning in the twelfth century, abandoned this position and endorsed prohibition by reinterpreting the views of Muhammad al-Shaybani (d. 189/806) with the claim that he had favored general prohibition. The Hanafi jurist Abd al-Rashid bin Abi Hanifa al-Walwalijiuyya (d. 540/1145) whilst permitting consumption of alcoholic muthallath argued al-Shaybani was an opponent of all intoxicants. Al-Kasani (d.587/1191) also allowed muthallath upto the point of intoxication arguing muskir was the last cup that intoxicates. Ubayd Allah bin Masud al-Mahbubi (747/1346) was amongst the first Hanafi jurists to issue a blanket prohibition, arguing the ruling of his time agreed with Shaybani's rule that all intoxicants were prohibited.
Definition of Khamr
Linguistically khamr is understood as that which intoxicates pressed from grapes or any intoxicating thing. The general usage is arguably more accurate because khamr was forbidden in Medinah where there was no khamr from grapes, nor beverages prepared from dates (or busr, fully-grown but unripe dates). (Al-Firuzabadi, Al-Qamus al-Muhit, "khamr")
Technically, there are three views based on three differing definitions:
Thus, according to the majority of Muslim scholars, khamr is literally used to refer to any kind intoxicating drinks. Whereas the second and third groups view khamr literally refers to grape juice in particular, but when it ferments and grows strong it becomes haram according to the second group and when froths it becomes haram according to the third group. The latter groups argue khamr is only used in a figurative way (in majaz) to refer to other drinks, not in the sense of haqiqah. (Ibid, Vol. 5: p. 13)
Drinking of Khamr
The Maliki jurist Ibn Rush, in Bidayat al-Mujtahid, presents the differing views of the early scholars of Iraq and Hijaz on the issue:
وأما النبات الذي هو غذاء فكله حلال، إلا الخمر، وسائر الأنبذة المتخذة من العصارات التي تتخمر ومن العسل نفسه. أما الخمر فإنهم اتفقوا على تحريم قليلها وكثيرها، أعني: التي هي من عصير العنب. وأما الأنبذة فإنهم اختلفوا في القليل منها الذي لا يسكر، وأجمعوا على أن المسكر منها حرام فقال جمهور فقهاء الحجاز وجمهور المحدثين: قليل الأنبذة وكثيرها المسكرة حرام، وقال العراقيون: إبراهيم النخعي من التابعين وسفيان الثوري وابن أبي ليلى وشريك وابن شبرمة وأبو حنيفة وسائر فقهاء الكوفيين وأكثر علماء البصريين: إن المحرم من سائر الأنبذة المسكرة هو السكر نفسه لا العين، وسبب اختلافهم تعارض الآثار والأقيسة في هذا الباب. (ابن رشد، بداية المجتهد 3/23-24)
All vegetation that provides nutrition is permitted, except for khamr (wine) and all other intoxicating beverages derived from juices that ferment and from honey itself. With respect to khamr, they agreed about its prohibition in small or large quantities, I mean, that which is sourced from grape juice. In the case of the other intoxicating beverages, they disagrees about a small quantity that does not intoxicate. They agreed that the amount which intoxicates is prohibited. The majority of the jurists of Hijaz, as well as the majority of the traditionalists, maintained that small and large quantities of intoxicating liquor are prohibited. The Iraqis, Ibrahim al-Nakha'i from the Tabi'un, Sufyan al-Thawri, lbn Abi Layla, Shurayk, Ibn Shubrama, Abu Hanifa, and all the remaining jurists of Kufa, as well as the majority of the jurists of Basra maintained that what is prohibited in all the remaining beverages (that is, besides wine derived from grape juice) is intoxication itself and not the substance (of the beverages). The reason for their disagreement springs from the conflict of traditions and analogies on the issue. (Ibn Rush, Bidayat al-Mujtahid, Vol. 3, pp. 23-24)
So, such disagreement exists from the early centuries because of the contradicting and variant narrations that could support each view which are cited in the next section.
The second argument presented by the jumhur (the majority of scholars) is by designating all the intoxicating beverages, in their totality, by the name khamr. For this, they have two methods. The first is from the aspect of establishing names by way of derivation (ishtiqaq). Meaning, it is known to the experts of language that khamr has been called khamr because of it veils (takhmur) the mind, therefore, it follows the term khamr be applied to everything that befuddles the intellect.
The second is by way of transmission (samaa). They maintained that even if it is not conceded to us that intoxicating beverages are designated in the language by the term khamr, yet they are called khamr in the legal sense. They argued for this on the basis of the hadith narrated by Ibn Umar (ra) that the Prophet (saw) said:
كُلُّ مُسْكِرٍ حَرَامٌ وَكُلُّ مُسْكِرٍ خَمْرٌ. (مسلم 36/93، والنسائي 51/48)
Every intoxicant is unlawful and every intoxicant is Khamr. (Muslim, 36:93; Nisa'i 51:48)
Also, the other hadith narrated by Nu'man ibn Bashir (ra) that the Messenger of Allah (saw) said:
إِنَّ الْخَمْرَ مِنَ الْعَصِيرِ وَالزَّبِيبِ وَالتَّمْرِ وَالْحِنْطَةِ وَالشَّعِيرِ وَالذُّرَةِ وَإِنِّي أَنْهَاكُمْ عَنْ كُلِّ مُسْكِرٍ. (أبو داود 27/9)
Wine is made from grape-syrup, raisins, dried dates, wheat, barley, millet, and I forbid you from every intoxicant. (Abu Dawud 27:9)
With regard to the punishment of the drinker in this world, classical scholars unanimously agree on the punishment to be by flogging (jald) because of the report narrated by Muslim:
عَنْ أَنَسِ، بْنِ مَالِكٍ أَنَّ نَبِيَّ اللَّهِ صلى الله عليه وسلم جَلَدَ فِي الْخَمْرِ بِالْجَرِيدِ وَالنِّعَالِ ثُمَّ جَلَدَ أَبُو بَكْرٍ أَرْبَعِينَ. فَلَمَّا كَانَ عُمَرُ وَدَنَا النَّاسُ مِنَ الرِّيفِ وَالْقُرَى قَالَ مَا تَرَوْنَ فِي جَلْدِ الْخَمْرِ فَقَالَ عَبْدُ الرَّحْمَنِ بْنُ عَوْفٍ أَرَى أَنْ تَجْعَلَهَا كَأَخَفِّ الْحُدُودِ . قَالَ فَجَلَدَ عُمَرُ ثَمَانِينَ .
Anas bin Malik reported Allah's Messenger (saw) gave a beating with palm branches and shoes and Abu Bakr applied forty lashes. When Umar (became the Commander of the Faithful) and people went to pastures and towns, he asked (the Companions), "What is your opinion about lashing for drinking?" Abd al-Rahman bin Auf then said: "My opinion is you fix it as the mildest punishment." Then Umar inflicted eighty stripes. (Muslim 29:57)
But they disagreed on the number of lashes. The majority of scholars (Hanafis, Malikis, and Hanbalis, according to their the preponderant view) are of the view that it is eighty lashes for a free man and forty for others.
They quoted as evidence the hadith of Anas (ra) quoted above, in which Umar (ra) consulted the people and Abd al-Rahman said, the minimum punishment is eighty, so that is what Umar commanded. The Companions agreed with Umar (ra) and did not differ.
However, Shafi'is and some Hanbalis are of the view that it is forty lashes and they think that giving more than forty lashes is left to the discretion of the Muslim leader. So, if he thinks that there is a need to give more than forty lashes, as happened at the time of Umar, then he may make it eighty. Also, they adduce the hadith reported by Muslim on the authority of Ali (ra) concerning the story of al-Walid bin Uqbah that:
جَلَدَ اَلنَّبِيُّ - صلى الله عليه وسلم -أَرْبَعِينَ، وَأَبُو بَكْرٍ أَرْبَعِينَ، وَعُمَرُ ثَمَانِينَ، وَكُلٌّ سُنَّةٌ، وَهَذَا أَحَبُّ إِلَىَّ
The Messenger of Allah inflicted forty lashes, Abu Bakr (ra) forty lashes and Umar (ra) eighty. All of them are in accordance with the Sunnah of the Prophet (saw) but this one (the eighty lashes) is preferable to me. (Muslim 29:60)
And of the fruits of the date-palm, and grapes from which you derive strong drink (sakar) and good nourishment. Therein is a sign for people who have sense (Qur'an 16:67)
You who believe! Do not approach prayer when you are drunk, until you know that which you utter, nor when you are sexually polluted except when journeying upon the road until you have bathed. (Qur'an 4:43)
They question you about strong drink (khamr) and games of chance.Say: In both is great sin and some utility for men but the sin of them is greater than their usefulness. (Qur'an 2:219)
You who believe! Khamr and games of chance and idols and divining arrows are only an infamy of Satan's handiwork. Leave it aside so that you may succeed. Satan seeks only to cast enmity and hatred amongst you by means of khamr and games of chance, and to prevent you from remembrance of Allah and from prayer. Will you not desist? (Qur'an 5:90)
عن عَائِشَةَ ـ رضى الله عنها ـ قَالَتْ سُئِلَ رَسُولُ اللَّهِ صلى الله عليه وسلم عَنِ الْبِتْعِ وَهْوَ نَبِيذُ الْعَسَلِ، وَكَانَ أَهْلُ الْيَمَنِ يَشْرَبُونَهُ، فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم: " كُلُّ شَرَابٍ أَسْكَرَ فَهْوَ حَرَامٌ ". (البخاري 74/12، والنسائي 51/56)
A'isha (ra) narrated Allah's Messenger (saw) was asked about al-Bit, which is a liquor prepared from honey the Yemenites used to drink. Allah's Messenger (saw) said, "All drinks that intoxicate are unlawful (to drink)." (Bukhari 74:12; Nisa'i 51:56)
عَنِ ابْنِ عُمَرَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ: كُلُّ مُسْكِرٍ حَرَامٌ وَكُلُّ مُسْكِرٍ خَمْرٌ. (مسلم 36/93، والنسائي 51/48)
Ibn Umar (ra) narrated that the Prophet (saw) said: Every intoxicant is unlawful and every intoxicant is khamr. (Muslim, 36:93; Nisa'i 51:48)
وَعَنْ جَابِرٍ - رضى الله عنه - أَنَّ رَسُولَ اَللَّهِ - صلى الله عليه وسلم -قَالَ: مَا أَسْكَرَ كَثِيرُهُ، فَقَلِيلُهُ حَرَامٌ.
Jabir (ra) narrated the Messenger of Allah (saw) said: If a large quantity of any beverage intoxicates, then a small amount of it is prohibited. (Ahmed 3:343; Abu Dawud 27:13; Nisa'i 51:69; Ibn Majah 30:3518; ibn Hibban 5358)
عن النُّعْمَانَ بْنَ بَشِيرٍ، رضي الله عنه قَالَ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ: إِنَّ الْخَمْرَ مِنَ الْعَصِيرِ وَالزَّبِيبِ وَالتَّمْرِ وَالْحِنْطَةِ وَالشَّعِيرِ وَالذُّرَةِ وَإِنِّي أَنْهَاكُمْ عَنْ كُلِّ مُسْكِرٍ. (أبو داود 27/9)
Nu'man ibn Bashir (ra) narrated: I heard the Messenger of Allah (saw) say: Wine is made from grape-syrup, raisins, dried dates, wheat, barley, millet, and I forbid you from every intoxicant. (Abu Dawud 27:9)
عَنْ عَائِشَةَ، رضى الله عنها قَالَتْ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ: كُلُّ مُسْكِرٍ حَرَامٌ وَمَا أَسْكَرَ مِنْهُ الْفَرْقُ فَمِلْءُ الْكَفِّ مِنْهُ حَرَامٌ . (أبو داود 27/19، والترمذي 26/6)
A'isha (ra) narrated: I heard the Messenger of Allah (saw) say: Every intoxicant is forbidden; if a faraq of anything causes intoxication, a handful of it is forbidden. (Abu Dawud 27:19; Tirmidhi 26:6)
عَنِ ابْنِ عُمَرَ، قَالَ سَمِعْتُ عُمَرَ، رضى الله عنه يَخْطُبُ عَلَى مِنْبَرِ الْمَدِينَةِ فَقَالَ أَيُّهَا النَّاسُ أَلاَ إِنَّهُ نَزَلَ تَحْرِيمُ الْخَمْرِ يَوْمَ نَزَلَ وَهِيَ مِنْ خَمْسَةٍ مِنَ الْعِنَبِ وَالتَّمْرِ وَالْعَسَلِ وَالْحِنْطَةِ وَالشَّعِيرِ وَالْخَمْرُ مَا خَامَرَ الْعَقْلَ. (البخاري 74/7، ومسلم 56/36، والنسائي 51/40)
Ibn Umar (ra) said: I heard Umar (ra) delivering a khutbah on the minbar of Medinah and he said: "O people, on the day that the prohibition of khamr was revealed, it was made from five things: From grapes, dates, honey, wheat and barley. Khamr is that which overcomes the mind." (Bukhari 74:7; Muslim 56:36; Nisa'i 51:40)
عَنْ أَنَسِ بْنِ مَالِكٍ ـ رضى الله عنه ـ قَالَ كُنْتُ أَسْقِي أَبَا عُبَيْدَةَ وَأَبَا طَلْحَةَ وَأُبَىَّ بْنَ كَعْبٍ مِنْ فَضِيخِ زَهْوٍ وَتَمْرٍ فَجَاءَهُمْ آتٍ فَقَالَ إِنَّ الْخَمْرَ قَدْ حُرِّمَتْ. فَقَالَ أَبُو طَلْحَةَ قُمْ يَا أَنَسُ فَأَهْرِقْهَا. فَأَهْرَقْتُهَا. (البخاري 74/8)
Anas ibn Malik (ra) narrated: I was serving Abu Ubaydah, Abu Talha and Ubay bin Ka'b with a drink prepared from ripe and unripe dates. Then somebody came to them and said, "Alcoholic drinks have been prohibited." (On hearing that) Abu Talha said, "Get up. O Anas, and pour (throw) it out! So, I poured (threw) it out. (Bukhari 74:8)
Reported by Abu Hanifa, Sulayman al-Shaybani reports that Ibn Ziyad (governor of Kufa during the reigns of Mu'awiya I and Yazid I) once told him about an occasion when he was at Ibn Umar's home. The two had been fasting and the time for breaking the fast had come. Ibn Umar offered Ibn Ziyad an alcoholic drink to break his fast with, which his guest duly accepted. Ibn Ziyad became significantly inebriated (akhadha fihi). The following morning, having almost not made it back to his home the night before because of the strength of the brew, Ibn Ziyad returned to Ibn Umar to enquire as to the nature of the drink served to him the night before. Ibn Umar explained that he had given his guest no more than dates and raisins. (Al-Shaybani, Kitab al-Athar, pp. 699–700).
عَنِ ابْنِ عَبَّاسٍ رضي الله عنه، قَالَ حُرِّمَتِ الْخَمْرُ بِعَيْنِهَا قَلِيلُهَا وَكَثِيرُهَا وَالسُّكْرُ مِنْ كُلِّ شَرَابٍ.
Ibn Abbas stated "Khamr is prohibited for its substance(bi-ayni-ha) in small or large quantities in every other beverage" (Al-Tahawi, Sharh Ma'ani al-Athar, pp. Vol. 4 p.7)
Through a number of authentic traditions and linguistic arguments about the general usage of the word khamr in the Arabic language, the jumhur, unlike scholars such as Abu Hanifah, concluded khamr refers to any intoxicant, whether it is obtained from grapes, dates, wheat or barley or others, and it is unlawful and punishable, whether taken in a large or small quantity.
Al-Firuzabadi, al-Qamus al-Muhit
Al-Mausu'ah al-Fiqhiyyah al-Kuwaitiyyah
Al-Razi, al-Tafsir al-Kabir
Al-Shaybani, Kitab al-Athar
Al-Tahawi, Sharh Ma'ani al-Athar
Ibn Hisham, al-Seerah al-Nabawiyya
Ibn Kathir, al-Bidaya wa al-Nihaya
Ibn Rush, Bidayat al-Mujtahid
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