Abu Dawud

Benefits and Issues:
➊ If any pure substance mixes with water, there is no doubt about its remaining pure, but it is necessary that through this mixing, the water remains water. If, instead of being a liquid water, it becomes known as syrup, buttermilk, or broth, etc., then it is no longer considered water, and ablution (wudu) or ritual bath (ghusl) with it has no meaning.
➋ "Nabeedh" is a special drink of the Arabs, which they used to prepare by soaking dried dates or raisins in water, similar to how, in our region, syrup is made from tamarind or dried plums.
➌ The Messenger of Allah (sallallahu alayhi wa sallam) was sent to the jinn as well as to humans; on several occasions, he (sallallahu alayhi wa sallam) preached and admonished them as well. In the Noble Qur'an, Surah al-Jinn especially clarifies this issue.

Explanation:
Nabeedh refers to a drink made from dates that is sweet and has not become intoxicating. Imam Abu Hanifah rahimahullah has permitted ablution (wudu) with it when water is not available, whereas according to Imam Shafi’i, Imam Ahmad, and all the other scholars among the Ahl al-Hadith, ablution with nabeedh is not permissible. This is also the fatwa of Imam Bukhari rahimahullah. The narration from Hasan has been transmitted by Ibn Abi Shaybah, the narration from Abu’l-‘Aliyah by Daraqutni, and the narration from ‘Ata by Abu Dawud in a connected (mawsul) form. The purpose of the hadith under discussion is that when an intoxicating substance is prohibited, how then can ablution with it be permissible?

Hadith Commentary:
Nabeedh refers to a drink made from dates that is sweet and in which intoxication has not developed.
Imam Abu Hanifah rahimahullah has permitted ablution (wudu) with it when water is not available, whereas according to Imam Shafi‘i, Imam Ahmad, and all the other Imams among the Ahl al-Hadith, ablution with nabeedh is not permissible.
This is also the fatwa of Imam Bukhari rahimahullah.
The narration from Hasan has been transmitted by Ibn Abi Shaybah, the narration from Abu’l-‘Aliyah by Darqutni, and the narration from ‘Ata’ by Abu Dawud in a connected (mawsul) form.
The purpose of the hadith under discussion is that when an intoxicating substance is prohibited, then how can ablution with it be permissible?

Hadith Commentary:
1.
The things that mix with water are of two types:
Impure and pure.
Then, the pure is of two kinds:
One is that which, despite being pure, is repugnant, such as saliva or phlegm, etc.
The second is that which is not repugnant, such as dates, etc.
Imam Bukhari rahimahullah’s ruling is that if any impure thing mixes with water and causes a change, then the water becomes impure.
As for pure but repugnant things, he has already clarified this in the previous chapter.
Now he wants to explain that if something mixes with water which is pure and also not repugnant, but it changes one of the three characteristics of the water to the extent that it can no longer be called water, then ablution (wudu) with it is not permissible.
Imam Bukhari rahimahullah also alludes to the fact that if something mixes with water but neither changes its name nor any of its characteristics, then performing ablution with it is not impermissible.

2.
Imam Bukhari rahimahullah, to prove his claim, has cited the hadith of Aisha radi Allahu anha that every intoxicating drink is forbidden.
Ablution (wudu) is an act of worship in which it is not permissible to use anything forbidden, therefore performing ablution with an intoxicating substance is haram.
Imam Bukhari rahimahullah’s reasoning is as follows: “Sukr” (intoxicant) is general:
Whether the intoxication is actual, such as wine, etc., or potential, such as nabidh, etc., it is not permissible to perform ablution with them.
Nabidh has such potency that if it is left for a longer time or boiled more, it becomes intoxicating.
Moreover, after nabidh is prepared, the term “water” no longer applies to it, i.e., it is no longer called water, whereas the command of Allah, the Exalted, is:
“When you do not find water, then perform tayammum with clean earth.” (Al-Ma’idah 5:6)
Imam Bukhari rahimahullah has also deduced from this that in the presence of nabidh, tayammum can be performed, because he does not have water.
It should be clear that the narrations in which permission to perform ablution with nabidh is reported do not reach the level of proof, therefore they cannot be presented as evidence.

3.
Imam Tadabbur, even at this point, did not reflect and immediately objected to Imam Bukhari rahimahullah. Observe:
“It is not known what need there was to establish this chapter? The question of performing ablution with anything other than water does not even arise.” (Tadabbur Hadith: 1/334)
The Hanafi jurists have expended all their scholarly and intellectual energies in permitting ablution with nabidh.
It is discussed with great emphasis in every book of fiqh.
Imam Bukhari rahimahullah is refuting these gentlemen here, but Islahi Sahib is unaware of this—why, it is not known.