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."
Section: Containers Forbidden for Preparation of Nabidh
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.
Section: Mixtures of Fruit Disapproved for Making Nabidh
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."
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