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Translation of
Malik's Muwatta:
Drinks
Section: The Hadd for Drinking Wine
Book 42, Number 42.1.1:
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 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.
Book 42, Number 42.1.2:
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 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.
Book 42, Number 42.1.3:
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."
Book 42, Number 42.1.4:
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
Book 42, Number 42.2.5:
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 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.'"
Book 42, Number 42.2.6:
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
Book 42, Number 42.3.7:
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.
Book 42, Number 42.3.8:
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.
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."
Section: Wine Made Haram
Book 42, Number 42.4.9:
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.' "
Book 42, Number 42.4.10:
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 said, 'It is an intoxicant.' "
Book 42, Number 42.4.11:
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 "Whoever drinks wine
in this world and does not turn from it in tawba, it is
haram for him in the Next World."
Section: General Section on Wine being Made Haram
Book 42, Number 42.5.12:
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 ."
Book 42, Number 42.5.13:
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 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."
Book 42, Number 42.5.14:
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."
Book 42, Number 42.5.15:
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 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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