Muwatta Malik: Chapter 42

Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn
Yazid informed him that Umar ibn al-Khattab came out to them. He said,
"I have found the smell of wine on so-and-so, and he claimed that it
was the drink of boiled fruit juice, and I am inquiring about what he
has drunk. If it intoxicates, I will flog him." Umar then flogged him
with the complete hadd.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that
Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn
Abi Talib said to him, "We think that you flog him for it with eighty
lashes. Because when he drinks, he becomes intoxicated, and when he
becomes intoxicated, he talks confusedly, and when he talks
confusedly, he lies." (80 lashes is the same amount as for slandering)
Umar gave eighty lashes for drinking wine.

Yahya related to me from Malik from Ibn Shihab that he was asked
about the hadd of the slave for wine. He said, "I heard that he has
half the hadd of a freeman for drinking wine. Umar ibn al-Khattab,
Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with half
of the hadd of a freeman when they drank wine."

Yahya related to me from Malik from Yahya ibn Said that he heard
Said ibn al-Musayyab say, "There is nothing that Allah does not like
to be pardoned as long as it is not a hadd."

Yahya said that
Malik said, "The sunna with us is that the hadd is obliged against
anyone who drinks something intoxicating whether or not he becomes
drunk."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that the Messenger of Allah, may Allah bless him and grant him peace,
addressed the people in one of his raids. Abdullah ibn Umar said, "I
went towards him, but he finished before I reached him. I asked about
what he had said. Someone said to me, 'He forbade preparing nabidh in
a gourd or in a jug smeared with pitch.'"

Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn
Yaqub from his father from Abu Hurayra that the Messenger of Allah,
may Allah bless him and grant him peace, forbade preparing nabidh in a
gourd or in a jug smeared with pitch.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn
Yasar that the Messenger of Allah, may Allah bless him and grant him
peace, forbade preparing nabidh from nearly ripe dates and fresh dates
together, and from dates and raisins together.

Yahya related to me from Malik from a reliable source from Bukayr
ibn Abdullah ibn al-Ashajj from Abd ar-Rahman ibn al-Hubab al-Ansari
from Abu Qatada al-Ansari that the Messenger of Allah, may Allah bless
him and grant him peace, forbade making nabidh from dates and raisins
together, and nearly ripe dates and fresh dates together.

Malik said, "That is the way of doing things among us in which the
people of knowledge in our city continue. It is disapproved of because
the Messenger of Allah, may Allah bless him and grant him peace,
forbade it."

Yahya related to me from Malik from ibn Shihab from Abu Salama
ibn Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah
bless him and grant him peace, said, "The Messenger of Allah, may
Allah bless him and grant him peace, was asked about mead, and he
replied, 'Every drink which intoxicates is haram.' "

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn
Yasar that the Messenger of Allah, may Allah bless him and grant him
peace, was asked about al-Ghubayra. He said, "There is no good in it,"
and forbade it. Malik said, "I asked Zayd ibn Aslam, 'What is al-
Ghubayra?' He said, 'It is an intoxicant.' "

Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that the Messenger of Allah, may Allah bless him and grant him peace,
said "Whoever drinks wine in this world and does not turn from it in
tawba, it is haram for him in the Next World."

Yahya related to me from Malik from Zayd ibn Aslam that Ibn Wala
al-Misri asked Abdullah ibn Abbas about what is squeezed from the
grapes. Ibn Abbas replied, "A man gave the Messenger of Allah, may
Allah bless him and grant him peace, a small water-skin of wine. The
Messenger of Allah, may Allah bless him and grant him peace, said to
him, 'Don't you know that Allah has made it haram?' He said, 'No.'
Then a man at his side whispered to him. The Messenger of Allah, may
Allah bless him and grant him peace, asked what he had whispered, and
the man replied, 'I told him to sell it.' The Messenger of Allah, may
Allah bless him and grant him peace, said, 'The One who made drinking
it haram has made selling it haram.' The man then opened the water-
skins and poured out what was in them ."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi
Talha that Anas ibn Malik said, "I was serving wine to Abu Ubayda ibn
al-Jarrah and Abu Talha al-Ansari and Umayy ibn Kab. The wine had been
prepared from crushed ripe dates and dried dates. Someone came to them
and said, 'Wine has been made haram.' Abu Talha ordered me to go and
take the jugs and break them. I stood up and went to a mortar of ours
and I struck them with the bottom of it until they broke."

Yahya related to me from Malik from Da'ud ibn al-Husayn that
Waqid ibn Amr ibn Sad ibn Muadh informed him from Mahmud ibn Labid al-
Ansari that when Umar ibn al-Khattab went to ash-Sham, the people of
ash-Sham complained to him about the bad air of their land and its
heaviness. They said, "Only this drink helps." Umar said, "Drink this
honey preparation." They said, "Honey does not help us." A man from
the people of that land said, "Can we give you something of this drink
which does not intoxicate?" He said, "Yes." They cooked it until two-
thirds of it evaporated and one-third of it remained. Then they
brought it to Umar. Umar put his finger in it and then lifted his head
and extended it. He said, "This is fruit juice concentrated by
boiling. This is like the distillation with which you smear the
camel's scabs." Umar ordered them to drink it. Ubada ibn as-Samit said
to him, "You have made it halal, by Allah!" Umar said, "No, by Allah!
O Allah! I will not make anything halal for them which You have made
haram for them! I will not make anything haram for them which You have
made halal for them."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that some men from Iraq said to him, "Abu Abd ar-Rahman, we buy the
fruit of the palm and grapes and we squeeze them into wine and we sell
it." Abdullah ibn Umar said, "I call on Allah and His angels and
whoever hears of jinn and men to testify to you that I order you not
to buy it nor sell it nor to press it nor to drink it nor to give it
to people to drink. It is something impure from the work of Shaytan."