Mawsu`at Fiqh Ibrahim al-Nakha`i (p. 285286). In I`la' al-Sunan (18:34): "Ibrahim
[al-Nakha`i] said: 'The saying that whatever
intoxicates in large quantity then even its
small quantity is haram is a mistake of the
scholars, it only means that the intoxicating
level of any beverage is haram' and
Muhammad said: 'This is the position of Abu
Hanifa.'" But this seems to contradict what
the I`la' earlier stated as the position of the
Imam (18:22-23).
Al-Nakha`i also narrated mursal from `Umar
that the latter during his caliphate
supposedly drank alcoholic wine (nabidh)
which he diluted with water, saying: "Do this
if/lest its shaytan overcome you." Cf.
Muhammad, al-Athar (p. 119); al-Sarakhsi's
al-Mabsut, book of beverages, chapter on
Muzara`at al-Harbi; and I`la' al-Sunan
(18:34). However, there is doubt over the
meaning and content of the above report, as
other sources state that the mixture in
question was not alcoholic wine but a
vinegar-like substance which people in
certain areas drank to help them digest
camel meat and for other uses as explicitly
concentrated by boiling. This is like camelointment [orig. '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."
After this, `Umar wrote to `Ammar ibn Yasir
to permit this mixture, defining it as
"beverages resembling camel-ointment which
have been cooked until two thirds
evaporated, namely the two thirds that
contain the foulness of Shaytan and the wind
of his madness, and one third of which
remains." Cf. `Abd al-Razzaq (9:255), alMuhalla (7:498), Athar Abu Yusuf (#1004),
and Qal`aji, Mawsu`at Fiqh `Umar ibn alKhattab (p. 115). He wrote likewise to Abu
Musa al-Ash`ari as in al-Nasa'is Sunan, book
of beverages, chapter on permitted and nonpermitted tala'. And he said also: "Cook your
beverage until the share of Shaytan goes
away [through evaporation], for Shaytan has
vol. 8 p. 200:
"The legal rulings (regarding medication with
wine) on various questions.
1. If one is forced to drink it because of
thirst, our scholars (Malikis) have two views.
Ibn al-Qasim said he must not drink it
because it will not help except make him
thirstier. Al-Abhari said: He can drink it. That
is: it does quench his thirst, which is a
matter decided by custom.
2. If he chokes on a mouthful of food and
does not find other than wine he can wash it
down with it according to Ibn Habib and Abu
al-Faraj. Ibn al-Qasim said: The one who is
forced may drink blood, but not wine. The
basis of the first view [permission] is that aldarura tubih al-mahzhur -- necessity makes
the prohibition permissible -- such as eating
carrion meat (i.e. in case of famine); while
the basis of the second view is that Allah has
forbidden wine in absolute terms, while He
forbade carrion and blood in terms subject to
necessity. The more correct view is the first
(i.e. the correct ruling is: wine is permitted
to avoid choking).
3. If one is forced to drink wine does the
punishment for drinking wine apply to him?
There are two views based on what our
scholars have said regarding to the one who
is forced to commit fornication (e.g. in rape),
and the correct view is that there is no
punishment."
-- end -2. Ibn Masud narrates the abrogation of
prohibition and states that others may have
forgotten.
The text of this report in Bidayat al-Mujtahid
(1:346) is: "I witnessed the prohibition of
nabidh as you all did, then I witnessed its
permission: I remembered [the latter] while
you all forgot it."
Al-Sarakhsi in al-Mabsut, book of beverages,
chapter on Muzara`at al-Harbi and al-Alma`i
in his notes on Nasb al-Raya mention this
report both without chain during their
presentation of the Hanafi argument for
abrogation among other marfu` and mawquf
beer:
Ibn `Abbas said: I heard the Prophet say:
"Jibril came to me and said: O Muhammad,
Allah Almighty has cursed wine, and the one
who presses it, and the one who has it
pressed, and the one who drinks it, and the
one who carries it, and the one to whom it is
carried, and the one who sells it, and the one
who buys it, and the one who serves it, and
the one to whom it is served."
Imam Ahmad narrates it in his Musnad with
a sound chain according to al-Ghumari and
Shakir. It is narrated also from Anas and Abu
Hurayra by al-Tirmidhi, Ibn Majah, Abu
Dawud, Ahmad, and al-Hakim. Al-Tirmidhi
said: Something similar is narrated from the
Prophet by Ibn `Abbas, Ibn Mas`ud, and Ibn
`Umar.
Another hadith in Ahmad concerning the
Jews states that the Prophet repeated three
times:
inna al-khamra haram wa thamanaha haram
inna al-khamra haram wa thamanaha haram
Hajj Gibril