Nasai

The definitive position regarding the status of the aforementioned vessels has already been discussed under Hadith: 5646. However, some leading jurists (aimmah mujtahideen), such as Imam Ahmad and Imam Ishaq rahimahullah, hold the view—which is evident from the aforementioned statements of Ibn Umar and Ibn Abbas radi Allahu anhuma—that it is still forbidden to prepare nabidh in these vessels, and it is prohibited to drink nabidh prepared in them. This also appears to be the position of Ibn Abbas and Ibn Umar radi Allahu anhuma. However, this would necessitate disregarding some other narrations which indicate abrogation (naskh). And Allah knows best.

Benefits and Issues:
➊
The intensity in the juice placed in the waterskin would naturally develop without the addition of any fermenting agent.

➋
Upon asking the third or fourth time, it became clear that this was an unusual intensity which develops after a longer period of time.

➌
Just as wine is a material beverage that is forbidden because it veils the intellect, music is an auditory thing that can impair the mind of even a sound person. Among musical instruments is the drum, which is forbidden. However, the duff is permissible; it is a frame drum with skin stretched on one side and open on the other. It is played by hand.

Every Intoxicating Substance is Forbidden
❀ It is narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma that: «قال رسول الله صلى الله عليه وسلم إن الله حر م عليكم الخمر و الميسر و الكوبة . . كل مسكر حرام» The Messenger of Allah sallallahu alayhi wa sallam said: Indeed, Allah has forbidden for you wine, gambling, and the kubah, and He said: Every intoxicating substance is forbidden. [مسند احمد 2691، 350 ح 3274 وإسناده صحيح ح 3274 وسنن أبى داود: 3696]

One of its narrators, Ali ibn Buzaymah, says that «الكوبة» refers to «الطبل», that is, the drum. [سنن ابي داؤد: 2/ 164 و إسناده صحيح]

❀ It is narrated from Sayyiduna Abdullah ibn Amr ibn al-As radi Allahu anhuma that the Prophet sallallahu alayhi wa sallam said: «إن الله عزوجل حر م الخمر و الميسر و الكو بة والغبيراء و كل مسكر حرام» Indeed, Allah, the Mighty and Majestic, has declared wine (khamr), gambling, playing the drum, and the wine of Makkah forbidden, and every intoxicating substance is forbidden. [مسند احمد 2/ 171 ح 6591م، و سنده حسن]

The narrator of this narration, Amr ibn al-Walid ibn Abdah, is considered trustworthy and reliable by the majority, therefore his hadith does not fall below the level of hasan (good).

❀ Mahmood ibn Khalid al-Dimashqi has transmitted with a sound chain from Imam Nafi‘ that Sayyiduna Ibn Umar radi Allahu anhuma once heard the sound of a flute, so he put his fingers in his ears and said: The Noble Prophet sallallahu alayhi wa sallam did the same. [سنن ابي داؤد: 2/ 326 ح 4924 و إسناده حسن و المعجم الكبير للطبراني: 1/ 13 و تحريم النرود الشطرنج و الملاهي للآجري ح 65، مسند احمد 2/ 38ح 4965، السنن الكبري للبيهقي: 1/ 222]

Regarding this hadith, Allamah Ibn al-Wazir al-Yamani wrote in “Tawdih al-Afkar” [ج 1 ص 150] that: «صحيح على الأصح» The most correct view is that this hadith is authentic.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Tansahu fas-ha:
It is thoroughly scraped from above.
(2)
Tanquru naqra:
It is thoroughly hollowed out from within.

Explanation:
1:
But the condition is that it becomes intoxicating.
If nabidh is not intoxicating, then it is permissible.
Nabidh is that drink which is prepared from dates,
raisins,
grapes,
honey,
wheat, and barley, etc.

Explanation:
1:
The words in the hadith—hantham, daba’, naqir, and muzaffat—are names of different types of vessels. In the pre-Islamic era of ignorance (jahiliyyah), wine used to be made and stored in these vessels. At the time when wine was declared forbidden, the use of these vessels was prohibited. Later, however, this prohibition was abrogated by the subsequent narration of Buraydah al-Aslami: “I had forbidden you from (using) certain vessels, but now you may drink from any vessel,” meaning, “I had prohibited you from using various vessels, but now you may use them for drinking.” Thus, the prohibition regarding these vessels was abrogated.

Benefits and Issues:
➊
The Messenger of Allah (sallallahu alayhi wa sallam) never declared anything lawful or unlawful of his own accord; rather, all of this was based on revelation. Allah the Exalted says:
(And he does not speak from [his own] desire. It is not but a revelation revealed) ( an-Najm: 3–4).

➋
Among the vessels made of clay are also included those vessels mentioned above. Any vessel in which any kind of grease was mixed—whether it was green in color, white, or otherwise—all were prohibited. ( Sahih al-Bukhari, al-Ashriba, Hadith: 5596)

➌
It should be noted that nabidh is that drink in which dates or raisins, etc., are soaked in water, and after a few hours the water becomes sweet and is then used. This drink is called nabidh. It is only permitted to keep it for such a duration that it remains in its original state: in winter, up to three days, and in summer, only one day.

For details, see Hadith number: 5550.

In the chain of narration of this report, the name of the narrator reporting from Ibn Umar (radi Allahu anhu) is mentioned as "Khalid bin Suhaym," which is incorrect. The correct name is "Jabalah bin Suhaym." (Dhakheerat al-‘Uqba Sharh Sunan an-Nasa’i: 40/207)

Urdu marginal note:
The root of the date palm would be hollowed out from the inside and shaped into a vessel. This was called a naqīr. This vessel was also used for making wine. It did not have pores, therefore intoxication would develop quickly. With the prohibition of wine, the use of these vessels was also forbidden, but later permission for this vessel was granted. (See, narration: 5550)

(1) Several points related to this narration have already been discussed under hadith 5641.

(2) “So that I am not disgraced”—that is, the mind does not function properly. In other words, there is some degree of intoxication.

(3) “Neither were they disgraced nor regretful”—if they had become Muslim after being defeated in battle, they would have had to bear the disgrace of defeat and also the regret of having fought against the Prophet sallallahu alayhi wa sallam. Now, since they became Muslim of their own accord, they were spared from both of these things.

(4) There is a difference of opinion regarding what things the Prophet sallallahu alayhi wa sallam commanded them and from what things he forbade them, because apparently only one command is mentioned—that is, faith in Allah (iman billah)—and only one prohibition is mentioned, namely the nabidh (fermented drink) in the aforementioned vessels. Thus, the rest of the matters are not mentioned, nor are they mentioned in any other narration. According to some scholars, those things are the same as the explanation of faith in Allah, but those are four, whereas above only three commands are mentioned. It appears that the two testimonies (shahadatayn) were not counted, because they had already pronounced the shahadatayn. Similarly, the four prohibited things refer to the four types of vessels. And Allah knows best.

(5) The purpose of the answer of Ibn Abbas radi Allahu anhuma is that such nabidh in which there is doubt or possibility of intoxication should not be drunk, let alone drinking such nabidh which is actually intoxicating.

Takhrij al-Hadith: [وأخرجه مسلم 1997/48، من حديث مالك به]
Jurisprudential Explanation:
➊ The means that lead to evil should also be blocked.
➋ All the Companions are upright (‘udul), therefore, the anonymity of a Companion is not harmful; rather, if the chain to an unknown Companion is authentic, the hadith is considered authoritative.
➌ It is Sunnah to continue teaching and giving lessons for the reformation of people at different places and times.
➍ Some scholars consider this prohibition to be abrogated.
➎ One should listen to admonitions and sermons with enthusiasm and absorption, and remain filled with the spirit of knowledge and action.