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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 12 · Page 4951599 - Issue: He said: (Whoever drinks an intoxicant, little or much, shall be whipped eighty lashes, if he drank it voluntarily and while knowing that a large quantity of it causes intoxication)

Translation · EN

then lash them eighty lashes, for they have fabricated lies against Allah. Allah, the Mighty and Majestic, has already informed us of the prescribed punishment for when some of us fabricate lies against others." He said: So Umar subjected them to eighty lashes each. When this is established, that which is unanimously agreed upon as being prohibited is grape juice once it ferments and casts off its foam. As for other intoxicating beverages, they are also prohibited, and there is a difference of opinion regarding them which we shall mention, if Allah the Exalted wills.

1599 - Issue: He said: "And whoever drinks an intoxicant, whether a little or a lot, shall be lashed eighty lashes, provided he drinks it while being free in his choice to drink it, and he knows that a large amount of it causes intoxication."

The discussion on this issue is in several sections:

First: Every intoxicant is prohibited, both its small and large quantities, and it is considered wine (khamr). Its ruling is the same as the ruling of grape juice regarding its prohibition and the necessity of the prescribed punishment (hadd) upon the one who drinks it. The prohibition of this has been narrated from Umar, Ali, Ibn Mas'ud, Ibn Umar, Abu Hurayrah, Sa'd ibn Abi Waqqas, Ubayy ibn Ka'b, Anas, and Aisha, may Allah be pleased with them. This is also the view of Ata, Tawus, Mujahid, al-Qasim, Qatadah, Umar ibn Abd al-Aziz, Malik, al-Shafi'i, Abu Thawr, Abu Ubayd, and Ishaq. Abu Hanifah said: Regarding grape juice when it is cooked until two-thirds of it are gone, and a decoction of dates or raisins when cooked, even if two-thirds are not gone, and the fermented liquor of wheat, corn, barley, and the like—whether it is a cold infusion or cooked—all of this is lawful, except for that which reaches the point of intoxication. As for grape juice once it ferments and casts off its foam, or is cooked and less than two-thirds of it are gone, and a decoction of dates or raisins that ferments without cooking, this is prohibited, both its small and large quantities, due to what Ibn Abbas narrated from the Prophet, peace and blessings of Allah be upon him, who said: "Wine was prohibited for itself, and intoxication from every beverage."

Notes

(12) In M: "then lash them". (13) Omitted from: M. (14) Its authentication has been previously mentioned on page 295. (1) In the original: "a large amount of it". (2) In B and M: "and the intoxicant". (3) Recorded by al-Nasa'i, in: The Chapter on Mentioning the Reports used by those who declared the drinking of intoxicants as lawful, from the Book of Beverages. Al-Mujtaba 8/277.

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