Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
The Book of Foods
They are of two types: animals and others. As for all foods other than animals, they are permissible,1464 except for that which is filthy (najis)1465 or harmful,1466 such as poisons.
وَهِيَ نَوْعَانِ: حَيَوَانٌ وَغَيْرُهُ. فَأَمَّا غَيْرُ اْلحَيَوَانِ، فَكُلُّهُ مُبَاحٌ، إِلاَّ مَا كَانَ نَجِسًا أَوْ
It is permissible to scatter treats for people to grab, because the Messenger of Allah (SA) sacrificed five or six camels and then said:
“Anyone who wants may cut off a piece.” (D – from ‘Abdullâh ibn Qurṭ. al-Albâni:S)
مَنْ شَاءَ اقْتَطَعَ
It is disliked, though, because it is undignified for people to snatch them away from each other, and unbefitting of generous men and women with integrity. The Prophet (SA) offered the meat to the Companions, who would have known how to behave gracefully.
Here is a perfect example of Islam’s recognition of the great variations between people. It points out the top of the hill but recognizes the people’s varying capacities in climbing.
1464.This is in conformity with the following legal maxim:
Permissibility is the default concerning all things.
الأَصْلُ في الأشْيَاءِ الإبَاحَةُ
It is derived from the saying of Allah Most High:
{It is He Who created for you all of that which is on the earth…} (al-Baqarah 2: 29)
ُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا
The burden of proof lies on the one who claims that it is prohibited, not the one who maintains that it is permissible.
1465.This is because the Prophet (SA) explained that the ‘illah (effective cause) of forbidding the consumption of the flesh of donkeys is their najâsah (impurity). On the day of Khaybar, Allah’s Messenger (SA) commanded Abu Ṭalḥah to announce:
مُضِراًّ، كَالسُّمُوْمِ
“Allah and His Messenger (SA) have prohibited you from (consuming) the flesh of donkeys, for it is impure (rijs).” (Ag – from Anas)
نَّ اَللَّهَ وَرَسُولَهُ يَنْهَيَانِكُمْ عَنْ لُحُومِ اَلْحُمُرِاَلْأَهْلِيَّةِ، فَإِنَّهَا رِجْسٌ
1466.This is because of the following legal maxim:
There should be no harm nor reciprocation of harm.
لَا ضَرَرَ وَلَا ضِرَارَ
This maxim has the exact wording of a hadith of the Messenger of Allah (SA). (Ma – from Ibn ‘Abbâs. Accepted by the fuqahâ’)
This maxim is the foundation of the prohibition of smoking tobacco.
All drinks are permissible1467 except those that cause sukr (intoxication);1468 those are forbidden, whether large or small in amount, regardless of their source.1469 This is because the Messenger of Allah
وَاْلأَشْرِبَةُ كُلُّهَا مُبَاحٌ، إِلاَّ مَا أَسْكَرَ، فَإِنَّهُ يَحْرُمُ كَثِيْرُهُ وَقَلِيْلُهُ، مِنْ أَيِّ شَيْءٍ كَانَ، لِقَوْلِ رَسُوْلِ اللهِ
1467. He omitted the exception of what is najis or harmful from this general permissibility because it was mentioned in the previous paragraph.
1468. Is There a Difference Between Khamr and Drugs?
The ‘illah of the prohibition of khamr is sukr, which is best translated as intoxication, yet this is still not entirely accurate. There are consequential differences between the intoxication that results from the consumption of alcoholic beverages and that which results from cocaine, for example. By consensus, all drugs and substances that cause impairment of judgment are forbidden, but many scholars who forbid all such drugs do not necessarily give them the same rulings as khamr; they distinguish between the intoxication that results from them and that which results from alcoholic beverages. Of those scholars are: the Mâliki scholars al-Ḥaṭṭâb and al-Qarâfi, the Shâfi‘i scholar Zakariyâ al-Anṣâri, and others. Their position is backed by the medical differences between the intoxicant effects of alcoholic beverages and drugs.
Most scholars did not differentiate between the intoxication of khamr and that of drugs. Of them are: an-Nawawi, Ibn Taymiyah, Ibn Ḥajar, al-Munoofi al-Mâliki, Ibn ‘Âbideen al-Ḥanafi, and others.
Some practical consequences of this disagreement include: Is the consumption of drugs punishable by ḥadd? Can morphine and other drugs be used for medical indications? If you take the position of the first group, the answer to the first question is no and to the second is yes. Some of the scholars who uphold the position that drugs are just like khamr will still allow their medical use.
1469. The Source of the Khamr Is Irrelevant
This is supported by the following statement of ‘Umar (RA):
“When the prohibition of khamr was revealed, it used to be made from grapes, dates, honey, wheat and barley. Khamr is what covers (confounds) the mind.” (Ag – from Ibn ‘Umar)
إِنَّهُ قَدْ نَزَلَ تَحْرِيمُ الْخَمْرِ وَهِيَ مِنْ خَمْسَةِ أَشْيَاءَ الْعِنَبِ وَالتَّمْرِ وَالْحِنْطَةِ وَالشَّعِيرِ وَالْعَسَلِ وَالْخَمْرُ مَا خَامَرَ الْعَقْلَ
If khamr turns into vinegar (by itself), it becomes pure and permissible (to consume). However, if it is turned into vinegar (by human intervention), it does not become pure. 1472
وَإِنْ تَخَلَّلَتِ اْلخَمْرُ، طَهُرَتْ وَحَلَّتْ، وَإِنْ خُلِّلَتْ، لَمْ تَطْهُرْ
1470. A large measure of volume, equal to about 16 or 100 pounds.
1471.(T); a variant form is (Ag).
1472.(A) + (+S); also reported from ‘Umar (RA). The main support for this position comes from a hadith in which Abu Ṭalḥah (RA) asked the Prophet (SA), “O Prophet of Allah! I had purchased some wine for the orphans under my care.” (He had bought the wine before khamr was prohibited, and he wanted to know if he could use it now to make vinegar.) The Prophet (SA) said:
“Spill out the wine and break the jugs.” (M – from Anas)
هْرِقِ الْخَمْرَ وَاكْسِرِ الدِّنَانَ
(-H, -M) considered vinegar pure and halal to consume even if it came from khamr through human intervention. They argued that after this transformation, it is a different substance with different rulings. Aṭ-Ṭaḥâwi interpreted the command of the Prophet (SA) in the hadith above to be a way of deterrence in a beginning stage of legislating the complete prohibition of khamr, to sever any relationship between the community and khamr. He supported his interpretation by pointing out that the Prophet (SA) also commanded the breaking of the jugs, and this is neither necessary nor required by the scholars who forbid the consumption of the vinegar, since they could be washed and purified after spilling the wine.
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