Drinks

Al-Muwatta' of Imam Malik

by Imam Malik ibn Anas
Translated by: Ustadha Aisha Bewley

42.0 Drinks

 

42.1 The Hadd for Drinking Wine

1 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 claims that it was the drink of boiled fruit juice. I am inquiring about what he has drunk. If it intoxicates, I will flog him." 'Umar then flogged him with the full hadd.

[In Bukhari]

2 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 should 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 tells lies." (Eighty Lashes is the same amount as for slander). 'Umar impsed eighty lashes for drinking wine.

3 Yahya related to me from Malik from Ibn Shihab that he was asked about the hadd imposed on a slave for drinking wine. He said, "I heard that he has half the hadd of a free man for drinking wine. 'Umar ibn al-Khattab, 'Uthman ibn 'Affan and 'Abdullah ibn 'Umar flogged their slaves with half of the hadd of a free man when they drank wine."

4 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id 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 imposed against anyone who drinks something intoxicating, whether or not he becomes drunk."

 

42.2 Containers Forbidden for Preparation of Nabidh*

5 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 on 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.' "

* A drink prepared by boiling fruit.

[In Mulsim]

6 Yahya related to me from Malik from al-'Ala' ibn 'Abd ar-Rahman ibn Ya'qub 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.

[In Muslim]

 

42.3 Mixtures of Fruit Disapproved for Making Nabidh

7 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.

[In Bukhari and Muslim]

8 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.

[In Bukhari and Muslim]

Malik said, "That is the way of doing things among us which the people of knowledge in our city continue to observe. It is disapproved of because the Messenger of Allah, may Allah bless him and grant him peace, forbade it."

 

42.4 Wine Made Haram

9 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.' "

[In Bukhari and Muslim]

10 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 replied, 'It is an intoxicant.' "

[*It is made either from rice or millet.]

11 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, "If someone drinks wine in this world and does not turn from it in repentance, it will be haram for him in the Next World."

[In Bukhari and Muslim]

 

42.5 General Section on Wine Being Made Haram

12 Yahya related to me from Malik from Zayd ibn Aslam that Ibn Wa'la al-Misri asked 'Abdullah ibn 'Abbas about what is squeezed from 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."

[In Muslim]

13 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, Abu Talha al-Ansari amd Ubayy ibn Ka'b. 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 over and got a mortar of ours and I struck them with the bottom of it until they broke."

[In Muslim]

14 Yahya related to me from Malik from Da'ud ibn al-Husayn that Waqid ibn 'Amr ibn Sa'd ibn Mu'adh informed him from Mahmud ibn Labid al-Ansari that when 'Umar ibn al-Khattab went to Syria, some Syrians complained to him about the bad climate of their country 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 had evaporated and one-third of it remained. Then they brought it to 'Umar who put his finger in it and then raised his head and extended it. He said, "This is fruit juice concentrated by boiling. This is like the distillation which you smear on 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!"

15 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 sell it." 'Abdullah ibn 'Umar said, "I call on Allah and His angels and whatever jinn and men hear to testify to you that I order you not to buy it nor sell it nor press it nor to drink it nor to give it to people to drink. It is something impure from the work of Shaytan."