Mishkat al-Masabih

‘A'isha said Quraish were anxious about the Makhzumi woman who had committed theft and asked, “Who will speak to God’s Messenger about her?” Then they said, “Who will be bold enough for it but Usama b. Zaid, God’s Messenger’s friend?” So Usama spoke to him and God’s Messenger said, “Are you interceding regarding one of the punishments prescribed by God?” He then got up and gave an address, saying, “What destroyed your predecessors was just that when a person of rank among them committed a theft they left him alone, but when a weak one of their number committed a theft they inflicted the prescribed punishment on him. I swear by God that if Fatima daughter of Muhammad should steal I would have her hand cut off.” (Bukhari and Muslim). In a version by Muslim she said that a Makhzumi woman used to borrow goods and deny having received them, so the Prophet gave orders that her hand should be cut off. Her family went and spoke to Usama and he spoke about her to God's Messenger. Then he mentioned the tradition in similar form to what has preceded.

‘Abdallah b. ‘Umar told that he heard God’s Messenger say, “If anyone’s intercession intervenes as an obstacle to one of the punishments prescribed by God he has opposed God; if anyone disputes knowingly about something which is false he remains in the displeasure of God most high till he desists; and if anyone makes an untruthful accusation against a Muslim he will be made by God to dwell in the corrupt fluid flowing from the inhabitants of hell* till he retracts his statement.” Ahmad and Abu Dawud transmitted it. * Radghat al-khabal. In a version by Baihaqi in Shu'ab al-iman it says, “He who assists in a dispute, not knowing whether it is true or false, will remain in God’s displeasure till he desists.” Baihaqi in Shu'ab al-iman

Abu Umayya al-Makhzumi told that a robber who had made acknowledgment was brought to the Prophet, but no goods were found with him. God’s Messenger said to him, “I do not think you have stolen.” He replied that he had and repeated it to him twice or thrice, making acknowledgment all the time, so he gave orders and his hand was cut off. He was then brought to him and God’s Messenger said to him, “Ask God’s pardon and turn to Him in repentance.” He said, “I ask God’s pardon and turn to Him in repentance.” God's Messenger then said three times, “O God, forgive him.” Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. Thus did I find it in the four texts quoted, in Jami' al-usul, Shu'ab al-iman, and Ma'alim as-sunan on the authority of Abu Umayya, but in the texts of al-Masabih it is given on the authority of Abu Rimtha.* *This is the kind of misunderstanding which can easily arise owing to the similarity of امیۃ and رمثۃ if not carefully written.

Anas told that the Prophet gave a beating with palm branches and sandals for drinking wine and that Abu Bakr gave forty lashes. (Bukhari and Muslim.) In a version on his authority it says that the Prophet used to give forty stripes with palm branches and sandals for drinking wine.

When a drinker was brought in the time of God’s Messenger, during Abu Bakr’s Caliphate and in the beginning of ‘Umar’s Caliphate, we beat him with our hands, sandals and cloaks, but at the end of ‘Umar’s Caliphate he inflicted forty stripes, and when people were immoderate and excessively wicked he inflicted eighty stripes. Bukhari transmitted it.

Jabir reported the Prophet as saying, “Beat anyone who drinks wine, and if he does it a fourth time kill him.” He said that after that a man who had drunk wine four times was brought to the Prophet and he beat him, but did not kill him. Tirmidhi transmitted it, and Abu Dawud transmitted it on the authority of Qablsa b. Dhu’aib. Another version by both of them and by Nasa’i, Ibn Majah and Darimi on the authority of some of the companions of God’s Messenger, including Ibn ‘Umar, Mu'awiya, Abu Huraira and ash-Sharid, stops at “kill him.”* * This means that they gave only the Prophet’s words, and did not say anything about the man who was not killed.

I can still picture myself looking at God’s Messenger when a man who had drunk wine was brought before him and he told the people to beat him. Some struck him with sandals, some with sticks and some with mitakhas. Ibn Wahb said this means green palm fronds. Then God’s Messenger took some dust from the ground and threw it in his face. Abu Dawud transmitted it.

When a man who had drunk wine was brought to God’s Messenger he told us to beat him, and some struck him with their hands, some with their garments and some with their sandals. He then told them to reproach him, and they faced him and said, “You have not respected God, you have not feared God, and you have not shown shame before God’s Messenger.” But when some of the people said, “God put you to shame!” he told them not to say that and help the devil to get power over him, but to say, “O God, forgive him. O God show mercy to him.” Abu Dawud transmitted it.

Ibn ‘Abbas told that a man who had drunk and become intoxicated was found staggering in the road, so he was taken to God’s Messenger, but when he was opposite al-‘Abbas’s house he escaped, and going in to al-‘Abbas he grasped hold of him. When the Prophet was told that he laughed and said, “Did he do that?” and he gave no command regarding him. Abu Dawud transmitted it.

‘Umair b. Sa'id an-Nakha‘i told that he heard ‘Ali b. Abu Talib say, “I am not one to have any feelings about a man who dies when I inflict a prescribed punishment on him, with the exception of one who has drunk wine, for if he were to die I would pay blood wit for him. Thai is because God’s Messenger did not lay down any specific custom regarding him.” (Bukhari and Muslim.)

Thaur b. Zaid ad-Dailami told that ‘Umar sought counsel about the prescribed punishment for drinking wine and ‘Ali said to him, “I think you should give one who drinks it eighty lashes, for when he drinks he becomes intoxicated, when he is intoxicated he raves, and when he raves he makes up lies.” So ‘Umar inflicted eighty lashes as the punishment prescribed for drinking wine. Malik transmitted it.

‘Umar b. al-Khattab told that a man called ‘Abdallah whose laqab was Ass used to make the Prophet laugh. The Prophet had beaten him because of wine-drinking, but when he was brought to him one day and he gave orders and had him beaten, and then one of those present said, “O God, curse him. How often he is brought!” he said, “Do not curse to him. I swear by God that for all I know he loves God and His messenger." Bukhari transmitted it.

When a man who had been drinking was brought to the Prophet he told those present to beat him, so some of us beat him with their hands, some with their sandals and some with their garments. Then when the man went away and one of those present said, “God shame you!’' the Prophet said, “Do not say such a thing. Do not help the devil to get power over him.” Bukhari transmitted it.

Abu Huraira told that al-Aslami (i.e. Ma’iz. See p. 759) came to the Prophet and testified four times that he had had illicit intercourse with a woman, while he all the time was turning away from him. Then when he confessed a fifth time he turned round and asked if he had had intercourse with her, and when he replied that he had he asked if he had done it so that his member penetrated hers. He replied that he had, and he asked whether he had done it like a collyrium stick when enclosed in its case and a rope in a well. On his replying that it was so, he asked whether he knew what fornication was and he replied, “Yes, I have done with her unlawfully what a man may lawfully do with his wife.” He then asked what he wanted by what he had said and he replied that he wanted him to purify him, so he gave command and he was stoned to death. Then God’s prophet heard one of his companions saying to another, “Look at this man whose fault was concealed by God but who could not leave the matter alone, so that he was stoned like a dog." He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air. He then asked where so and so and so and so were, and when they replied that they were there he said, “Go down and eat some of this ass’s corpse.” They replied, “Prophet of God, who can eat any of this?” whereupon he said, “The dishonour you have just shown to your brother is more serious than eating some of it. By Him in whose hand my soul is, he is now among the rivers of paradise plunging into them.” Abu Dawud transmitted it.

Khuzaima b. Thabit reported God's Messenger as saying, “If anyone commits a sin and has inflicted on him the prescribed punishment for that sin, it is an atonement for him.” It is transmitted in Sharh as-sunna.

‘Ali reported the Prophet as saying, “If anyone transgresses and receives his punishment in this world, God is too just to repeat the punishment to His servant in the next; and if anyone transgresses and God conceals it and forgives him, He is too generous to go back upon a thing He has forgiven.” Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.

Abu Burda b. Niyar reported the Prophet as saying, “No more than ten lashes are to be given, except in the case of one of the punishments prescribed by God.” (Bukhari and Muslim.)

Abu Huraira reported the Prophet as saying, “When one of you inflicts a beating he should avoid striking the face.” Abu Dawud transmitted it.

Ibn ‘Abbas reported the Prophet as saying, “When a man calls another a Jew give him twenty lashes, when he calls someone a mukhannath* give him twenty lashes, and kill anyone who has intercourse with a woman who is within the prohibited degress.” Tirmidhi transmitted it, saying this is a gharib tradition. * Mukhannaths were sexually abnormal men who imitated women. Some of them were signets.

‘Umar reported God’s Messenger as saying, “When you find a man has been unfaithful about spoil in God’s path, burn his goods and beat him.” Tirmidhi and Abu Dawud transmitted it, Tirmidhi saying this is a gharib tradition.

Abu Huraira reported God’s Messenger as saying, “Wine comes from these two trees, the date-palm and the grapevine.” Muslim transmitted it.

grapes, dates, wheat, barley and honey. Wine (khamr) is what infects (khamara) the mind.” Bukhari transmitted it.

Wine was forbidden when it was forbidden (i.e. by the Qur’an), but we get only a little of the wine from grapes, most of our wine being from unripe dates and dry dates. Bukhari transmitted it.

'A’isha said that when God’s Messenger was asked about bit’, which is the nabidh* from honey, he replied, “Every liquor which intoxicates is forbidden.” (Bukhari and Muslim.) * Nabidh is a drink made from dates, raisins, honey, wheat, barley, etc. The ingredients were steeped in water in a vessel, and provided the drink was used before fermentation took place it was lawful.

Ibn ‘Umar reported God’s Messenger as saying, “Every intoxicant is khamr and every intoxicant is forbidden. He who drinks wine in this world and dies when he is addicted to it, not having repented, will not drink it in the next.” Muslim transmitted it.

Jabir told of a man who came from the Yemen and asked the Prophet about a liquor made from millet called mizr which they drank in their country. The Prophet asked whether it was intoxicating and when he replied that it was, he said, “Every intoxicant is prohibited. God has made a covenant regarding those who drink intoxicants to give them some tinat al-khabal to drink.” He was asked what that was and replied that it was the sweat of the inhabitants of hell, or the discharge of the inhabitants of hell. Muslim transmitted it.

Abu Qatada told that the Prophet forbade mixing dried dates and unripe dates, mixing raisins and dried dates, and mixing dates beginning to take on colour and fresh dates, and told them to make nabidh from each separately. Muslim transmitted it.

Anas told that the Prophet was asked about wine which was turned into vinegar* and forbade it. Muslim transmitted it. * This is said to have been done by putting onions or salt in it, or by placing it in the sun.

Wa’il al-Hadrami said that Tariq b. Suwaid asked the Prophet about wine and he forbade him. When he told him that he made it only as a medicine he replied, “It is not a medicine, but is a disease.” Muslim transmitted it.

‘Abdallah b. ‘Umar reported God’s Messenger as saying, “If anyone drinks wine God will not accept prayer from him for forty days,* but if he repents God will forgive him. If he repeats the offence God will not accept prayer from him for forty days, but if he repents God will forgive him. If he again repeats the offence God will not accept prayer from him for forty days, but if he repents God will forgive him. If he repeats it a fourth time God will not accept prayer from him for forty days, and if he repents God will not forgive him,, but will give him to drink of the river of the fluid flowing from the inhabitants of hell.” Tirmidhi transmitted it, and Nasa’i, Ibn Majah and Darimi transmitted it on the authority of ‘Abdallah b. ‘Amr. * Literally, 'mornings.'

Jabir reported God’s Messenger as saying, “If a large amount of anything causes intoxication, a small amount of it is prohibited.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

‘A’isha reported God’s Messenger as saying, “If a faraq of anything causes intoxication, a handful of it is forbidden.”* Ahmad, Tirmidhi and Abu Dawud transmitted it. * To drink as much as a faraq (see p. 577) would be almost impossible, so the point of the tradition is to forbid anything which might in any conceivable circumstances cause intoxication.

An-Nu‘man b. Bashir reported God’s Messenger as saying, “From wheat wine is made, from barley wine is made, from dried dates wine is made, from raisins wine is made, and from honey wine is made.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it, Tirmidhi saying this is a gharib tradition.

Abu Sa'id al-Khudri said he had wine belonging to an orphan, and when al-Ma'idah (Al-Qur’an, 5) came down he asked God’s Messenger about it, telling him it belonged to an orphan, but he said, “Pour it out.” Tirmidhi transmitted it.

Anas quoted Abu Talha as saying he told God’s Prophet he had bought wine for orphans who were in his charge, and he replied, “Pour out the wine and break the wine-jars.” Tirmidhi transmitted it, but declared it weak. In Abu Dawud’s version it says he asked the Prophet about orphans who had inherited wine and he said, “Pour it out.” He asked if he might not make vinegar of it and he told him he must not. Abu Dawud

Umm Salama told that God’s Messenger forbade every intoxicant and everything which produces languidness. Abu Dawud transmitted it.

Dailam al-Himyari told that he said, “Messenger of God, we live in a cold land in which we do heavy work and we make a liquor from wheat to get strength from it for our work and, to stand the cold of our country.” He asked whether it was intoxicating, and when he replied that it was, he said they must avoid it. When he replied that the people would not abandon it, he said, “If they do not abandon it fight with them.” Abu Dawud transmitted it.

‘Abdallah b. ‘Amr told that the Prophet forbade wine, maisir, the kuba and ghubaira,* saying, “Every intoxicant is prohibited.” Abd Dawud transmitted it. *This is a comprehensive tradition not exclusively dealing with intoxicants, although the Prophet’s words might suggest that it does. Maisir was a game of chance and the kuba was a kind of drum wide at the ends and narrow in the middle which was looked on with disapproval. The parts which refer to intoxicants are the wine (khamr) and the ghubaira' which was an intoxicant made by Abyssinians from millet.

He reported the Prophet as saying, “An undutiful son, a gambler, one who casts up what lie has given, and one who is addicted to wine will not enter paradise.” Darimi transmitted it. A version of his has a bastard instead of a gambler.

Abu Umama reported the Prophet as saying, “God has sent me as a mercy to the universe and as a guidance to the universe, and my Lord who is great and glorious has commanded me to annihilate stringed instruments, wind instruments, idols, crosses and pre-Islamic customs, and my Lord who is great and glorious has sworn, ‘By my might, none of my servants will drink a mouthful of wine without my giving him a similar amount of pus to drink, but he will not abandon it through fear of me without my giving him drink from the holy tanks'.” Ahmad transmitted it.

one who is addicted to wine, an undutiful son, and a cuckold who agrees to his women-folk’s adultery." Ahmad and Nasa'i transmitted it.

one who is addicted to wine, one who breaks ties of relationship, and one who believes in magic.” Ahmad transmitted it.

Ibn ‘Abbas reported God’s Messenger as saying, “If one who is addicted to wine dies he will meet God most high in the same condition as an idolater.” Ahmad transmitted it, Ibn Majah transmitted on Abu Huraira’s authority, and Baihaqi, in Shu'ab al-iman, gave it on the authority of Muhammad b. ‘Ubaidallah who quoted his father’s authority. He said that Bukhari in his Ta’rikh mentioned it on the authority of Muhammad b. ‘Abdallah who quoted his father's authority.

It is all the same to me whether I drink wine or worship this pillar instead of God.* Nasa’i transmitted it. *He says that the one sin is as serious as the other.