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Laws of Religion

Laws of Islam Concerning Food

8.  Intoxicating Beverages

from the Holy Qur’an, major hadith collections

and Islamic jurisprudence

Intoxicating Beverages

From Islamic Source Documents: Qur’an and Hadith

Contents

Prohibiting intoxicating beverages

Punishments for drinking intoxicants

Making fermented beverages

Prohibited and permitted containers

Prohibiting intoxicating beverages.  The only ban on consumption in the Qur’an in addition to blood and the types of meat discussed on previous pages is the ban on intoxicating beverages. While the Qur’an specifically states at one point that it is permitted to drink intoxicating beverages,[1] the Qur’anic ban on such beverages[2] is taken to supersede the permissive passage. Similarly, a few hadiths imply that only intoxicating beverages that keep a person from prayer are forbidden,[3] but a very large number of hadiths attest to the total ban on these drinks.[4]

Reflecting concerns about the consumption of alcohol, the Qur’an says that intoxicating beverages are both sinful and useful, but their sinfulness exceeds their usefulness.[5] It also says that one should not pray when drunk.[6] A story demonstrating the evils of drinking is told repeatedly in the hadith collections.[7] In this story, Hamza bin 'Abdul-Muttalib was drinking wine and mutilated two camels of Ali bin Abi Talib, including cutting off their humps. Muhammad was informed of what had happened. In most versions,[8] Hamza was goaded into his destructive act by a female singer. Also, most of the hadiths that relate this story[9] say that Muhammad rebuked Hamza, but then gave up when he realized that Hamza was so drunk. One hadith makes it clear that the events in this story occurred before intoxicating beverages were prohibited.[10]

The story is told in a number of hadiths that during Muhammad’s night journey to heaven[11] he was given a choice between milk and wine. After he chose the milk,[12] the angel Gabriel told him that had he chosen the wine, his followers would have gone astray.[13] In a slight variation of the story, the choice included honey in addition to milk and wine, though Muhammad chose the milk in these versions also.[14]

The ban on alcohol also includes a ban on selling intoxicating beverages,[15] using vinegar made from wine[16] or using liquor as medicine for, says Muhammad, it is not medicine but an ailment.[17]

Punishments for drinking intoxicants.  There is no blame on those who drank alcohol before it was prohibited.[18] (This is a specific case of the general principle that for believers who perform good deeds, it is no sin to have eaten prohibited foods prior to their prohibition.) However, the punishment for drinking alcohol is lashing.[19] It is reported that Muhammad lashed a man for consuming intoxicating drinks,[20] either with palm leaf stalks and shoes[21] or until he had inflicted forty stripes[22]. Those ordered by Muhammad to beat a man who drank intoxicants are reported to have used either palm leaf stalks and shoes[23] or their hands, shoes and twisted garments[24].

There are a number of reports concerning the punishments for drinking under Muhammad and also under his successors in leading the early Muslims: Abu Bakr, Umar and Ali. One hadith says that under Muhammad and Abu Bakr, drunks were struck with hands, shoes and twisted clothing and that Umar inflicted either forty or eighty lashes.[25] Other reports say that Abu Bakr imposed forty lashes for drinking.[26] It is also reported that those who drank intoxicants were beaten by Muhammad with palm branches and shoes; Abu Bakr gave forty lashes; Umar gave eighty lashes.[27] There are also reports that Muhammad and Abu Bakr inflicted forty stripes by lashing for drinking and Umar increased this to eighty stripes.[28]

Given the choice between forty or eighty lashes, based on the traditions established by his predecessors, Ali chose forty as the appropriate punishment for drinking wine.[29] Ali also states that he would pay indemnity to the family if he killed a drunkard by punishing him because Muhammad had not set a specific punishment for drinking.[30] While physical punishment is prescribed for drinking alcohol, Muhammad forbids the cursing of those who drink.[31]

Another punishment specified by Muhammad is that those who drink wine will not have any to drink in the life after death,[32] although the Qur’an compares Paradise to a place whose delights include rivers of wine.[33] In other hadiths it is specified that the wine after death will only be denied to those wine-consumers who die without repenting of this sin[34] or, more specifically, those who are actually addicted to wine and die without repenting of their drinking[35]. Muhammad is quoted in the hadiths as saying that people will eat and drink in Paradise but their food and drink will be excreted through belching and sweat, which will be like musk, with no urinating, defecating, spitting or mucous secretions.[36] (Just as drinking wine can cause it to be denied in Paradise, those who wear silk will be denied it in Paradise[37] and those who drink from silver vessels in this life will not do so in the next life.[38])

Entry into Paradise after death is still open to Muslims who drink wine and commit other sins as long as those sins do not include associating anything with Allah (God)[39] (The Qur’an repeatedly forbids ascribing a partner to Allah or combining worship of Allah with worship of another[40].)

Muhammad says that Muslims who say that alcoholic beverages are legal will be destroyed by Allah in the night or will be turned by Allah into monkeys and pigs until the day of resurrection.[41] He also says that a person is not a believer when drinking alcohol.[42] However, the drinker can return to the fold through repentance[43] or, as stated in a slight variation, though repentance and clasping his hands together[44]. According to the hadiths, Muhammad said[45] that widespread intoxication will be one of the “portents of the hour” (signaling the end of the world), though the Qur’an says[46] that on that day men will be seen as intoxicated yet will not be so.

Making fermented beverages.  There are many hadiths that describe what wine and other alcoholic beverages are made from. It is stated that wine is made from dates[47], or more specifically from ripe and unripe dates,[48] from dry and fresh dates[49] or from unripe and fresh dates.[50] Wine is also made from grapes[51] or raisins.[52] Alcoholic drinks can also be made from honey, wheat or barley.[53] The wine made from honey is called “al-bit” or “bit” in the translations of al-Bukhari and Muslim, respectively[54] Some hadiths report that an alcoholic drink made from barley is called “al-mizr” or “mizr”[55] though it is said elsewhere that mizr is made from millet.[56] Umar is reported to have given a very general definition of alcoholic drink as that which disturbs or confuses the mind.[57]

There are many hadiths explaining specific rules that Muhammad expounded on the mixing of various types of fruits in water as nabidh, which is dates or grapes in water.[58] (Editor’s note: These rules are designed to eliminate or minimize fermentation to alcohol before consumption occurs.) Muhammad forbade the mixing in water of fresh dates and unripe dates,[59] fresh dates and nearly ripe dates,[60] ripe dates and nearly ripe dates[61] or grapes and dates.[62] In other hadiths, it is forbidden to mix ripe and unripe dates,[63] dry dates and fresh dates,[64] dry dates and unripe dates,[65] grapes and fresh dates[66] or grapes and dry dates;[67] (though the water in which these fruits would be mixed is not explicitly mentioned in these hadiths, its presence is implied.) While the various mixtures listed are forbidden, the preparation of nabidh with grapes or dates of specific types separately is permitted.[68] Similarly, the mixing of dates and raisins for syrup is forbidden by Muhammad, though each type of syrup is permitted separately.[69]

Muhammad would drink nabidh for one day[70] or for three days[71] and then either give it to his servant or pour it out. (The concern was that it would become impermissibly alcoholic through fermentation after several days.) Elsewhere it is said that Muhammad would drink from raisins in water (nabidh) until the third day and then he would order that it be thrown away or drunk by others,[72] (meaning that others would drink it immediately or it would be discarded.)

Prohibited and permitted containers.  There are numerous hadiths reporting that Muhammad forbade the use of certain types of vessels for preparing drinks or for drinking from. (This seems to be an attempt to prevent the consumption of alcohol.) The types of containers that wine was made or drunk in were forbidden.[73] In the English translation of the hadith collection of al-Bukhari, the forbidden vessels are stated to be the types in which alcoholic drinks are prepared and are generally described without translation: dubba or ad-dubba, muziffat or al-muziffat, hantam or al-hantam and naqir or an-naqir.[74] The term muqaiyar or al-muqaiyar or muqaiyat is sometimes presented as an alternative to one of these.[75] In one hadith, an-naqir is defined as “pitched water skins” and az-zuruf is given as an additional type of forbidden vessel.[76] The English translator states parenthetically at several points that the forbidding of the vessels in which wine was produced was meant to actually forbid wine rather than the vessels themselves.[77] However, in one case it is said that Muhammad forbade his family from using certain of these vessels – ad-dubba and al-muziffat – in the preparation of non-alcoholic beverages.[78]

While the translation of the hadith collection of al-Bukhari uses untranslated names for the prohibited vessels, the translation of the hadith collection of Muslim uses a variety of English terms to describe the vessels forbidden by Muhammad, such as gourd[79] (which is defined elsewhere as pumpkin[80]), round gourd,[81] dry gourds,[82] wine jars,[83] receptacles for wine,[84] skins for wine,[85] wooden pots,[86] green jars[87] and hollowed out stumps of palm trees.[88] In addition to these general prohibitions of the use of vessels, there is an extensive list of vessels in which the preparation of nabidh is specifically prohibited including gourd;[89] hollow stumps;[90] wooden vessels;[91] hollowed block of wood;[92] varnished jars[93] or just jars;[94] water-skins with the upper end cut[95] or meant for preserving wine[96]; pitchers smeared with pitch or green pitchers,[97] which are said to be the same thing[98] or are described as pitchers smeared with green pitch[99] or as “hantama” or “huntama” (hantam or al-hantam are referred to in the hadith collection of al-Bukhari, as mentioned in the preceding paragraph)[100] or as earthen pitchers.[101] Additionally, Muhammad forbade drinking from gourd, hollow stumps and green jars or pitchers – those smeared with pitch;[102] in one hadith reported by al-Bukhari the ban is extended to white jars as well.[103]

Muhammad says to prepare nabidh only in water-skins.[104] He says, more specifically, that containers for drinks should be water-skins whose mouths have been tied with string.[105] Muhammad himself is reported to have drunk nabidh prepared in a water-skin that was tied at the top.[106] He also drank nabidh prepared in a large bowl[107] identified as being made of stone,[108] though this is said to be because no water-skin was available.[109] Muhammad also drank nabidh from a cup.[110]

In response to a complaint that prevalent rats will destroy water-skins, Muhammad still said to drink only from water-skins, even if they are nibbled by rats.[111] When people said that they could not do without the containers Muhammad had banned, he permitted them to use clay jars not covered with pitch according to one hadith[112] or, according to another hadith[113], to use the banned containers. In response to reports of hardship on some people resulting from the banning of certain vessels, Muhammad said that they could prepare nabidh in green pitchers, but not in those smeared with pitch.[114] (But note the statements, cited above, that green pitchers are the same as those smeared with pitch.[115])

Muhammad finally lifted the ban on the previously prohibited vessels for preparing and drinking nabidh[116] while reasserting the general ban on intoxicating beverages.[117]

Intoxicating Beverages

From Islamic Jurisprudence (fiqh/sharia^§):  The Distinguished Jurist’s Primer of Ibn Rushd, the Risala of al-Shafi‛i and Reliance of the Traveller

Contents

Prohibiting intoxicating beverages

Punishments for drinking intoxicants

Making fermented beverages and vinegar

Sale and purchase

Responsibility for actions when intoxicated

Prohibiting intoxicating beverages.  The prohibitions against drinking wine, consuming blood and eating pork or meat from dead animals are mentioned in passing in al-Shafi‛i’s Risala and these transgressions are referred to as “disgraceful acts”[118]. (A dead animal is one that died other than by proper intentional slaughter or hunting.) Al-Shafi‛i also says in his Risala that there are Islamic laws that every mature Muslim is obligated to know, including the prohibition against drinking wine.[119] Imam Nawawi, a 13^th century scholar whose work is a major source for the 14^th century Reliance of the Traveller,[120] is quoted in the translation of Reliance of the Traveller as saying that a Muslim must know what food, drink, etc., is permitted and prohibited.[121]

In al-Shafi‛i’s Risala,[122] it is stated that some scholars say that the prohibition in the Qur’an against praying when drunk[123] predates the ban on drinking alcohol. (Editor’s note: This means that the consumption of intoxicating beverages was permitted in the Qur’an before it was prohibited.)

Scholars^* agree that it is forbidden to drink grape wine (khamr) in any quantity.[124] The term khamr is defined as grape wine only, and other intoxicating beverages are not included in this term.[125] Grape wine (or, for the Shafi‛i school, any liquid intoxicant[126]) is filth^**.[127] The likely presence of wine in a place makes it offensive (but not necessarily prohibited) to pray there.[128]

As for intoxicating beverages other than grape wine, some, including the Shafi‛i school,[129] say that consuming any quantity is prohibited. Others, including Abu Hanifa,[130] say that only intoxication itself from such beverages is prohibited.

Imam Ghazali, a Shafi‛i scholar of the 11^th-12^th centuries, is quoted in the English translation of Reliance of the Traveller as saying that each school of Islamic jurisprudence must respect the others. For example, a Shafi‛i should not criticize a follower of the Hanafi school for drinking non-intoxicating amounts of a fermented raisin drink that would be unlawful among the Shafi‛i but is permitted by the Hanafi.[131]

According to Reliance of the Traveller (Shafi‛i school), the only time it is permissible to drink an intoxicating beverage is when that is the only way to clear from one's throat food that is causing choking.[132] Zakariyya Ansari, a 9^th century Shafi‛i scholar[133] quoted in Reliance of the Traveller, says that intoxicating beverages may not be used as medicine or even in cases of extreme thirst.[134] According to a note by the translator of Reliance of the Traveller, even perfume or other cosmetics containing alcohol, as well as alcohol used for surgery, are considered filth by the Shafi‛i school.[135] A note by another 20^th century commentator in this section of Reliance of the Traveller says that solid substances which intoxicate a person are not considered to be filth but are, nevertheless, unlawful to consume.

Punishments for drinking intoxicants.  Drinking any amount of grape wine, or drinking a prohibited quantity of any other intoxicating beverage, results in liability for lashing.[136] Proof of violation is based either on confession or on the testimony of two legally acceptable witnesses.[137] Malik says that testimony based on smell from two witnesses is sufficient grounds for conviction and punishment, but Abu Hanifa and al-Shafi‛i say that smell is not sufficient.[138]

Most scholars^*, including Malik and Abu Hanifa, say free men are to be subjected to eighty lashes as punishment for consuming intoxicating beverages.[139] However, al-Shafi‛i[140] and his school[141] say that free men get forty stripes. It is generally agreed that a slave is given half the number of lashes that free man receive.[142] Reliance of the Traveller (Shafi‛i school) says that the lashes for drinking are to be inflicted with hands, sandals or the ends of clothing. A whip may be used but an indemnity must be paid if the person dies as a result. The caliph may increase the penalty to eighty stripes, but, if death results, the caliph must pay an indemnity according to the number of stripes inflicted. For example, if death results from 41 stripes, the caliph must pay 1/41 of the full indemnity.[143]

According to Reliance of the Traveller, someone who commits adultery multiple times before being punished is to be punished only once for adultery.[144] A 19^th century commentator quoted in this section of the translation of Reliance of the Traveller says that this principle also applies to drinking and stealing.

According to Reliance of the Traveller, a criminal must be punished regardless of whether he has repented, except for highway robbers who repent before being caught.[145] (This call for punishment regardless of repentance would apply to those who drink alcoholic beverages.)

Imam Dhahabi (an important 13^th-14^th century Shafi‛i scholar) is quoted in the English translation of Reliance of the Traveller as listing as “enormities” drinking, pouring, selling, buying, pressing, carrying, taking delivery of or benefiting financially from the sale of wine.[146] (The definition of “enormity” is discussed on a previous page entitled Rules Concerning Dead Meat.) Drinking wine will result in being denied wine in the next world, after death.[147] Imam Dhahabi quotes Muhammad as saying that Allah (God) takes the faith away from anyone who drinks wine or commits unlawful sexual intercourse.[148]

The penalty for repeated drinking up to three times is flogging, according to Imam Dhahabi. The fourth time the offender is to be killed.[149] A 20^th century commentator cited in this section of the translation of Reliance of the Traveller says that the ruling requiring execution upon the fourth offense for drinking was later overturned.

As stated on a previous page, Rules Concerning Swine, dhimmis are forbidden to openly display wine or pork. (A dhimmi is non-Muslim who agrees to follow certain rules of behavior,[150] wears distinctive clothing that Muslims do not wear,[151] pays a poll tax (jizya),[152] and is protected by the Muslim rulers.[153] For al-Shafi‛i[154]  and the Shafi‛i school[155] only Jews, Christians, and Zoroastrians (or Magians) may be dhimmis but Malik[156] and the Hanifi[157] say that even polytheists may be dhimmis.) However, according to Reliance of the Traveller, dhimmis are not to be punished for drunkenness, although they would be for adultery or theft.[158] (Editor’s note: This is because while the consumption of alcohol is unlawful for Muslims, it is not prohibited for Christians, Jews or others who may be classified as dhimmis.) Reliance of the Traveller says that the only people who are to be punished for drinking intoxicating beverages are sane Muslims who have reached puberty, who drink voluntarily and who know it is unlawful to do so.[159] (Reliance of the Traveller explains that puberty applies when a person’s first wet dream occurs or when the age of 15 is reached or when a female first menstruates or becomes pregnant).[160]

Making fermented beverages and vinegar.  It is permitted to make fermented beverages, but fermenting to the intoxicating strength of grape wine is forbidden.[161] Preparing fermented beverages in water-skins is permitted, but there is disagreement among the scholars^* about other containers. For example, Abu Hanifa says that any type of container is permitted while Malik does not approve of fermenting in pitch-smeared containers or in gourds.[162]

Vinegar that has been formed from wine by itself is permitted for food use, but scholars disagree concerning the permissibility of vinegar if a person has caused the conversion from wine.[163] Reliance of the Traveller (Shafi‛i school) says that vinegar made from wine is clean (no longer filth^**) if nothing had been added to the wine before it was converted to vinegar.[164] A 20^th century commentator quoted in this section of the English translation of Reliance of the Traveller says that the Hanafi school of Islamic law considers vinegar made from wine to be clean even if something had been added to the wine first.

Sale and purchase.  As stated previously concerning dead meat and swine, it is forbidden to buy or sell wine because it is filth^**.[165] As stated above, Imam Dhahabi (an important 13^th-14^th century Shafi‛i scholar) is quoted in the English translation of Reliance of the Traveller as listing as “enormities” drinking, pouring, selling, buying, pressing, carrying, taking delivery of or benefiting financially from the sale of wine.[166] (The definition of “enormity” is discussed on a previous page entitled Rules Concerning Dead Meat.)

Furthermore, Reliance of the Traveller says that selling grapes to someone who will make wine from them is unlawful.[167] However, any such unlawful transactions, if made, are valid and binding.[168]

Reliance of the Traveller also says that rental of something for the purpose of transporting wine is not valid unless the wine is being transported in order to pour it out.[169] It is not required to respond to an invitation to a wedding feast if wine or other forbidden things will be present unless those things will be removed as a result of one's attending the feast.[170]

Responsibility for actions when intoxicated.  There are differing views among scholars^* concerning what actions of an intoxicated person are binding and the responsibility of that person. In Abu Hanifa's view, an intoxicated person is responsible for all of his actions.[171] Similarly, according to al-Shafi‛i, people who cannot control themselves because of drunkenness are, nevertheless, responsible for their actions because the drinking was voluntary, whereas people who are insane cannot be held accountable for their actions, which result from no fault of their own.[172] According to Reliance of the Traveller (Shafi‛i school), a statement of divorce made by an intoxicated person is legally valid[173] and a homicide committed by a drunk person is like pronouncing a divorce[174] (meaning that the intoxicated person is responsible for his criminal actions.) Malik says that an intoxicated person is responsible for a pronounced divorce or freeing of a slave and is subject to retaliation for harming or killing another but cannot be party to a valid marriage or sale.[175] The Maliki school holds that a marriage of a virgin female arranged by her father is to be annulled if she objects to having a husband who is a drunkard, who disobeys Islamic law, whose wealth was obtained in violation of Islamic law or who often divorces his wives.[176]

________________

^*Islamic scholars disagree on certain points of law based on different methodologies used in deriving the law from the Qur’an and the traditions (sunna) concerning the life of Muhammad and his closest companions, particularly as expressed in the compiled hadiths. There are four major schools of jurisprudence in Sunni Islam: the Maliki, the Hanafi, the Shafi‛i and the Hanbali. These names are derived from the individual scholars considered to have been the founders of each school: Malik, Abu Hanifa, al-Shafi‛i and Ahmad ibn Hanbal, respectively. The source texts we have used to prepare our summaries of Islamic jurisprudence contain the legal views of these different founders and schools, as described at Source Texts Used for Laws of Islam.

^** “Filth” is explained at Food and Animal Materials that are Filth.

^§The specific derived laws of fiqh summarized here are often referred to by the more general term sharia law.

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Abbreviations used in footnotes:

QR:   Qur’an, with surahs (chapters) and ayahs (verses) numbered as in most modern translations, including those found here, here and here.

BK:    Hadith collection of al-Bukhari as found here (USC/CMJE website) and here (ebook download). In a few instances, the hadiths on the USC website differ from those in the ebook download, either by having slightly different numbering of the hadiths or because the hadith appears only on the USC site and not in the ebook download. Such cases are noted in the footnotes by putting either “(USC)” or “(ebook)” after the relevant hadith number when it applies to only one of these two sources. Part or all of the hadith collections of al-Bukhari, with somewhat different numbering systems, can also be found here, here and here.

ML:    Hadith collection of Muslim as found here and here. Part or all of the hadith collection of Muslim, with somewhat different numbering systems, can also be found here and here.

DJP:  The Distinguished Jurist’s Primer, by Ibn Rushd, translated by Imran Ahsan Khan Nyazee, published by Garnet Publishing Ltd, Reading, UK. Volume 1, 1994. Volume 2, 1996. Full text online and download for Volume 1 are here and here and for Volume 2 are here and here.

RT:    Reliance of the Traveller: A Classic Manual of Islamic Sacred Law by Ahmad ibn Naqib al-Misri, translated by Nuh Ha Mim Keller, revised edition 1994, published by Amana Publications, Beltsville, Maryland, USA.  Reliance of the Traveller can be found here and here.

SR:    al-Shafi‛i’s Risala: Treatise on the Foundations of Islamic Jurisprudence, translated by Majid Khadduri, Second Edition, published by The Islamic Texts Society.

●  The sources cited are described on the page Source Texts Used for Laws of Islam.