حَدَّثَنِي
أَبُو الرَّبِيعِ سُلَيْمَانُ بْنُ دَاوُدَ الْعَتَكِيُّ ، حَدَّثَنَا
حَمَّادٌ يَعْنِي ابْنَ زَيْدٍ ، أَخْبَرَنَا
ثَابِتٌ ، عَنْ
أَنَسِ بْنِ مَالِكٍ ، قَالَ : " كُنْتُ سَاقِيَ الْقَوْمِ يَوْمَ حُرِّمَتِ الْخَمْرُ فِي بَيْتِ أَبِي طَلْحَةَ ، وَمَا شَرَابُهُمْ إِلَّا الْفَضِيخُ الْبُسْرُ وَالتَّمْرُ ، فَإِذَا مُنَادٍ يُنَادِي ، فَقَالَ : اخْرُجْ فَانْظُرْ ، فَخَرَجْتُ فَإِذَا مُنَادٍ يُنَادِي أَلَا إِنَّ الْخَمْرَ قَدْ حُرِّمَتْ ، قَالَ : فَجَرَتْ فِي سِكَكِ الْمَدِينَةِ ، فَقَالَ لِي أَبُو طَلْحَةَ : اخْرُجْ فَاهْرِقْهَا فَهَرَقْتُهَا ، فَقَالُوا أَوَ قَالَ بَعْضُهُمْ : قُتِلَ فُلَانٌ قُتِلَ فُلَانٌ وَهِيَ فِي بُطُونِهِمْ " ، قَالَ : فَلَا أَدْرِي هُوَ مِنْ حَدِيثِ أَنَسٍ فَأَنْزَلَ اللَّهُ عَزَّ وَجَلَّ لَيْسَ عَلَى الَّذِينَ آمَنُوا وَعَمِلُوا الصَّالِحَاتِ جُنَاحٌ فِيمَا طَعِمُوا إِذَا مَا اتَّقَوْا وَآمَنُوا وَعَمِلُوا الصَّالِحَاتِ سورة المائدة آية 93 .
Anas bin Malik (RA) reported: I was the cup-bearer of some people in the house of Abu Talha on the day when liquor was forbidden. Their liquor had been prepared from dry dates or fresh dates when the announcer made the announcement. He (Abu Talha) said to me: Go out and find out (what the announcement is). I got out (and found) an announcer making this announcement: Behold, liquor has been declared unlawful. He said: The liquor (was spilt and) flawed in the lanes of Madinah. Abu Talha said to me: Go out and spill it, and I spilt it. They said or some of them said: Such and such were killed, such and such were killed for (the wine) had been in their stomachs. He (the narrator) said. I do not know whether it is the narration transmitted by Anas, (or by someone else). Then Allah, the Exalted and Majestic, revealed: "There shall be no sin (imputed) unto those who have believed and done good works for what they may have eaten as long as they fear (Allah) and believe and do good works" (v. 93).
• • •
وحَدَّثَنَا وحَدَّثَنَا
يَحْيَي بْنُ أَيُّوبَ ، حَدَّثَنَا
ابْنُ عُلَيَّةَ ، أَخْبَرَنَا
عَبْدُ الْعَزِيزِ بْنُ صُهَيْبٍ ، قَالَ : سَأَلُوا
أَنَسَ بْنَ مَالِكٍ عَنِ الْفَضِيخِ ، فَقَالَ : مَا كَانَتْ لَنَا خَمْرٌ غَيْرَ فَضِيخِكُمْ هَذَا الَّذِي تُسَمُّونَهُ الْفَضِيخَ إِنِّي لَقَائِمٌ أَسْقِيهَا أَبَا طَلْحَةَ وَأَبَا أَيُّوبَ ، وَرِجَالًا مِنْ أَصْحَابِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي بَيْتِنَا إِذْ جَاءَ رَجُلٌ ، فَقَالَ : " هَلْ بَلَغَكُمُ الْخَبَرُ ؟ قُلْنَا : لَا قَالَ : فَإِنَّ الْخَمْرَ قَدْ حُرِّمَتْ ، فَقَالَ يَا أَنَسُ : أَرِقْ هَذِهِ الْقِلَالَ ، قَالَ : فَمَا رَاجَعُوهَا وَلَا سَأَلُوا عَنْهَا بَعْدَ خَبَرِ الرَّجُلِ " .
'Abdul Aziz bin Suhaib (RA) reported: They (some persons) asked Anas bin Malik (RA), about Fadikh (that is, a wine prepared from fresh dates), whereupon he said: There was no liquor with us except this Fadikih of yours. It was only this Fadikh that I had been serving to Abu Talha and Abu Ayyub and some persons from amongst the Companions of the Messenger of Allah (ﷺ) in our house. When a person came and said: Has the news reached you? We said, No. He said: Verily liquor has been declared forbidden. Thereupon, Abd Talha said: Anas, spill these large pitchers. He (the narrator) said: They then never reverted to it, nor even asked about this after the announcement by that person.
• • •
وحَدَّثَنَا وحَدَّثَنَا
يَحْيَي بْنُ أَيُّوبَ ، حَدَّثَنَا
ابْنُ عُلَيَّةَ ، قَالَ : وَأَخْبَرَنَا
سُلَيْمَانُ التَّيْمِيُّ ، حَدَّثَنَا
أَنَسُ بْنُ مَالِكٍ ، قَالَ : " إِنِّي لَقَائِمٌ عَلَى الْحَيِّ عَلَى عُمُومَتِي أَسْقِيهِمْ مِنْ فَضِيخٍ لَهُمْ وَأَنَا أَصْغَرُهُمْ سِنًّا ، فَجَاءَ رَجُلٌ ، فَقَالَ : إِنَّهَا قَدْ حُرِّمَتِ الْخَمْرُ ، فَقَالُوا : اكْفِئْهَا يَا أَنَسُ فَكَفَأْتُهَا ، قَالَ : قُلْتُ لِأَنَسٍ : مَا هُوَ قَالَ بُسْرٌ وَرُطَبٌ ؟ ، قَالَ : فَقَالَ أَبُو بَكْرِ بْنُ أَنَسٍ : كَانَتْ خَمْرَهُمْ يَوْمَئِذٍ ، قَالَ
سُلَيْمَانُ : وَحَدَّثَنِي ،
رَجُلٌ ، عَنْ
أَنَسِ بْنِ مَالِكٍ ، أَنَّهُ قَالَ : ذَلِكَ أَيْضًا .
Anas bin Malik (RA) reported: I was standing amongst the uncles of my tribe serving them Fadikh while I was the youngest of them, when a person came and said: Verily the use of liqour has been prohibited. They said: Anas, spill it away. So I spilt it. He (one of the narrators Sulaiman Taimi) said that he asked Anas what that was (the Fadikh). He said: It had been prepared from unripe and ripe dates. Abu Bakr (RA) bin Anas said: It was their liquor in those days. Sulaiman said: A person narrated it to me from Anas bin Malik (RA) that he had said so.
• • •
Anas reported: I was standing amongst the members of my (tribe) and serving them liquor. The rest of the hadith is the same, but with this variation that Abu Bakr (RA) bin Anas said: It was their liquor in those days (prepared from dates), and Anas was present there and he did not deny this (fact).
• • •
وحَدَّثَنَا وحَدَّثَنَا
يَحْيَي بْنُ أَيُّوبَ ، حَدَّثَنَا
ابْنُ عُلَيَّةَ ، قَالَ : وَأَخْبَرَنَا
سَعِيدُ بْنُ أَبِي عَرُوبَةَ ، عَنْ
قَتَادَةَ ، عَنْ
أَنَسِ بْنِ مَالِكٍ ، قَالَ : كُنْتُ أَسْقِي أَبَا طَلْحَةَ ، وَأَبَا دُجَانَةَ ، وَمُعَاذَ بْنَ جَبَلٍ فِي رَهْطٍ مِنْ الْأَنْصَارِ ، فَدَخَلَ عَلَيْنَا دَاخِلٌ ، فَقَالَ : حَدَثَ خَبَرٌ نَزَلَ تَحْرِيمُ الْخَمْرِ ، فَأَكْفَأْنَاهَا يَوْمَئِذٍ وَإِنَّهَا لَخَلِيطُ الْبُسْرِ وَالتَّمْرِ ، قَالَ قَتَادَةُ : وَقَالَ أَنَسُ بْنُ مَالِكٍ : " لَقَدْ حُرِّمَتِ الْخَمْرُ وَكَانَتْ عَامَّةُ خُمُورِهِمْ يَوْمَئِذٍ خَلِيطَ الْبُسْرِ وَالتَّمْرِ " .
Anas bin Malik (RA) reported I was serving wine to Abu Talha and Abu Dujana and Mu'adh bin jabal admidst a group of Ansar when a visitor came to us and said: There is fresh news; the (verses) concerning the prohibition of liquor have been revealed. So we spilt it on that day; and it was a mixture of dry dates and fresh dates. Anas bin Malik (RA) said: While Khamr was declared unlawful, the common liquor of theirs was then a mixture of dry dates and fresh dates.
• • •
Anas bin Malik (RA) said: I was serving wine to Abu Talha, Abu Dujana, and Suhail bin Baida' from a waterskin which contained the mixture of unripe dates and fresh dates. The rest of the hadith is the same.
• • •
Anas bin Malik (RA) reported: I was serving drink to Abu 'Ubaida bin jarrah, Abu Talha and Ubayy bin Ka'b prepared from unripe dates and fresh dates when a visitor came and he said: Verily liquor has been prohibited. Thereupon, Abu Talha said: Anas, stand up and break this pitcher. I stood up and (took hold) of a pointed stone and struck the pitcher with its lower part until it broke into pieces.
• • •
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: (1)
It is established from this hadith that every intoxicating substance is forbidden, because Abu Talhah and his companions who were drinking wine, it was a mixture called “Fadheekh” made from unripe dates (busr) and ripe dates (tamar, i.e., dried dates), and as soon as they heard the announcement of the prohibition of wine, they immediately, without any hesitation, poured it away. In the same way, all the people poured away every kind of wine into the streets. From this, the majority of the Imams—including Imam Malik, Imam Shafi’i, Imam Ahmad, and Muhammad ibn al-Hasan—have said that all intoxicating drinks are khamr (wine). (Al-Mughni, vol. 12, p. 495) And whether the intoxicating substance is in large or small quantity, whether it reaches the level of intoxication or not, it is forbidden and impure (najis), and the one who drinks it will be subjected to the prescribed punishment (hadd).
(2)
According to Imam Rabi’ah and Dada, every intoxicating substance is forbidden, but it is not impure (najis). (Sharh al-Muhadhdhab, vol. 2, pp. 569-570, by reference to Takmila, vol. 3, p. 599). Also, according to Imam Abu Hanifah, Abu Yusuf, al-Nakha’i, and some people of Basrah, there are three types of drinks:
(1)
The juice of grapes when it becomes intense and starts to boil and foam; according to Imam Abu Yusuf, foaming is not necessary. This is the original khamr (wine); both its small and large quantities are forbidden and it is impure (najis). Therefore, its buying and selling is not permissible. If anyone drinks even a single drop of it, he will be subjected to the prescribed punishment (hadd).
(2)
Three forbidden drinks: (a) The juice of grapes when it is cooked and less than two-thirds of it evaporates. (b) Naqi‘ al-tamar: which is called “sikr,” i.e., dates are put in fresh water and intoxication develops in it. (c) Naqi‘ al-zabeeb: that is, uncooked water in which raisins are put, and after remaining for several days, intensity and boiling develop in it. According to Allamah Taqi, all three of these, according to the correct opinion of Imam Abu Hanifah, are also khamr; therefore, they are forbidden and impure (najis). Whether in small or large quantity, drinking it is forbidden. However, its being wine is not as definitive and certain as the original khamr. Therefore, as long as intoxication does not occur, the prescribed punishment (hadd) will not be applied, because its being wine is not definitive, rather there is doubt in its being wine. According to Imam Abu Hanifah, its sale is permissible, but according to the two companions (Sahibayn), its sale is not permissible.
(3)
Apart from these four types, all other intoxicating drinks, according to Imam Abu Hanifah and Imam Abu Yusuf, are permissible to drink. (Takmila, vol. 3, pp. 599, 600) (al-Hidayah). However, it is clear from authentic ahadith that the position of the majority is correct, because of the explicit statement of the Prophet (sallallahu alayhi wa sallam): “Whatever intoxicates in large quantity, its small quantity is also forbidden.” Therefore, many of the Hanafis have accepted the position of the majority regarding its prohibition, but have considered the buying and selling of other than the original khamr to be permissible, and have applied the prescribed punishment (hadd) only when it is drunk in an intoxicating amount. (Takmila, vol. 3, p. 608).
Ibn al-Mundhir says, the ahadith upon which the people of Kufa base their argument are all defective, and Imam Athram has clarified the weakness of all those ahadith and the statements of the Companions. (Al-Mughni, vol. 12, p. 497)
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 5131