Fath al-Rabbani

Benefits: … The word “kūbah” has three meanings, any of which may be intended.

The Divine command is:
1:2
“O you who believe! Verily, intoxicants, gambling, (sacrificial) stones, and divining arrows are filth, of Satan’s handiwork. So avoid them, that you may be successful.” (Al-Ma’idah: 90)

The prohibition of alcohol is absolute and eternal; there are many proofs from the Qur’an and Hadith. To understand the definition of alcohol, study the following discussion:

In Arabic lexicon and common usage, every intoxicating substance and drink is called “khamr.” In authentic ahadith as well, every intoxicating thing is called “khamr.”

“Every intoxicating thing is khamr, and every khamr is haram.” (Muslim)
Also, Sayyiduna Umar radi Allahu anhu said:
“Khamr is that which veils the intellect.” (Bukhari, Muslim)

Sayyiduna Abu Musa radi Allahu anhu says:
“The Messenger of Allah sallallahu alayhi wa sallam sent me to Yemen. I said: O Messenger of Allah! There are some (specific) drinks there; which of them should I drink and which should I leave? He sallallahu alayhi wa sallam said: ‘And what are they?’ I said: ‘Al-bit‘ and al-mizr.’ He sallallahu alayhi wa sallam asked: ‘What are al-bit‘ and al-mizr?’ I said: ‘Al-bit‘ is a drink made from honey, and al-mizr is a drink made from corn.’ The Messenger of Allah sallallahu alayhi wa sallam said: ‘Do not drink any intoxicant, for I have forbidden every intoxicating thing.’” (Nasa’i: 2/326, Sahihah: 2424, and Muslim narrated similarly)

The Hanafis have differed from the entire Ummah on this issue and have taken “khamr” to mean only that wine which is made from grapes. In fact, they have added further conditions: that the juice of grapes, without being heated on fire, dries to less than two-thirds, foam appears in it, and it intoxicates—only then will it be called “khamr.” Any other intoxicating drink is not called khamr according to them; for example, if it is the extract of any fruit other than grapes, or if it is grape extract but has been heated on fire to dry, or if it dries more than two-thirds, even without fire—in all these cases, according to them, it will not be called “khamr,” even if it intoxicates. However, it will be called “muskir” (intoxicant). According to the Hanafis, even a single sip of this specific “khamr” is haram, but it is permissible to drink other intoxicants in amounts less than what causes intoxication. This interpretation of the Hanafis is not supported by the Shari‘ah, nor by sound reason, because the reason for the prohibition of alcohol is intoxication. Then what is the reason for differentiating between wine and other intoxicating drinks in their ruling?

Salim bin Abdullah bin Umar narrates from his father, Sayyiduna Abdullah radi Allahu anhu, that the Prophet sallallahu alayhi wa sallam said:
“Allah has forbidden khamr, and every intoxicant is haram.” (Nasa’i: 2/333, Sahihah: 1814, and Muslim: 6/100 and others similarly)

Imam al-Albani rahimahullah said: This hadith is among the definitive proofs indicating the prohibition of every intoxicating thing, whether it is made from grapes, dates, corn, or anything else, and whether its amount is little or much. From this hadith, it is clear that there is no difference between wine made from various things, nor between a small or large amount. (Sahihah: 1814)

Imam al-Albani rahimahullah, after mentioning this weak hadith in (Silsilat al-Ahadith al-Da‘ifah), said:
“Khamr is prohibited due to its very nature, whether little or much, and intoxication from every drink is haram.”

The Hanafis, using this hadith as evidence, said that the intoxicating thing made from grapes alone is called wine, and both its small and large amounts are haram. Intoxicating drinks made from wheat, barley, honey, and corn are halal. Only that amount is haram which causes intoxication. (There is no harm in drinking a small amount.)

But this view is false and contrary to authentic, explicit, certain, and definitive ahadith, as Sayyiduna Abdullah bin Abbas radi Allahu anhu narrates that the Messenger of Allah sallallahu alayhi wa sallam said:
“Every intoxicant is khamr, and every khamr is haram.” (Muslim)

There are many supporting narrations for this hadith; Imam Zayla‘i and others have mentioned them. I have mentioned some in (I‘la’ al-Ghalil: 8/40–45). In fact, Shaykh Ali al-Qari al-Hanafi said in (Sharh Musnad al-Imam Abi Hanifah: p. 59): “It is close to being mutawatir (mass-transmitted).” You should not be deceived by the statement of the author of al-Hidayah: (Yahya ibn Ma‘in criticized this hadith), because this statement is baseless and has no origin from Ibn Ma‘in, as Imam Zayla‘i said, and Ibn Ma‘in’s status is above being unaware of the authenticity of this hadith.

Also, the Prophetic instruction is:
“Whatever intoxicates in large amounts, its small amount is also haram.” This hadith is narrated from about eight Companions; Imam Zayla‘i mentioned all the chains in (Nasb al-Rayah: 4/301–306), and I have mentioned some in (I‘la’ al-Ghalil: 2375, 2376). Imam Nasa’i also mentioned some narrations in his Sunan and then said: From these ahadith, it is clear that both the large and small amounts of an intoxicant are haram. But some deceivers, for their own interests, have said: If the large amount of a wine causes intoxication, then its small amount, which does not cause intoxication, is halal.

Note: … The position of the Hanafis regarding alcohol that we have mentioned is narrated from Imam Abu Hanifah and his two companions by Imam Tahawi. Imam Muhammad also mentioned this position in (al-Athar: p. 148) and maintained it. However, Allamah Abu al-Hasanat al-Lakhnawi said in (al-Ta‘liq al-Mumajjad ‘ala Muwatta’ Muhammad) that Imam Muhammad holds the view that both the small and large amounts of every intoxicant are haram, as is the view of the majority. Perhaps Imam Muhammad has two opinions on this issue, of which the second is correct because it agrees with authentic ahadith.

From this weak hadith, the Hanafis have deduced their position regarding alcohol, which means that wine made from anything other than grapes may be drunk in an amount that does not cause intoxication, and even if such wine does cause intoxication, the drinker cannot be subjected to the hadd (legal punishment). This is the position of Imam Abu Hanifah and Imam Abu Yusuf, as is evident from (al-Hidayah: 8/160), but the author of al-Hidayah said: The more correct view is that the hadd will be applied, as is the opinion of Imam Muhammad, whose second view agrees with the position of the majority. (Silsilat al-Ahadith al-Da‘ifah: 1220)