Indexed OCR Text

620
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
SEX WITH MAHRAM: If anyone has a sexual intercourse within the forbidden degrees
(mahram), then he should be killed. Imam Ahmad al-, goes by this command but the
majority of the ulama (Scholars) hold that the apparent meaning is not to be observed. This
statement merely means to discourage such acts. Some others say that if a person regards
sexual intercourse with a mahram as lawful then he should be killed, otherwise the same
command as for adultery applies in this case too (as with any woman): the married
fornicator is to be stoned to death while the unmarried adulterer is to be flogged.
STEALING SPOILS
(٣٦٣٣) وَعَنْ عُمَرَ أَكَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا وَجَدْ تُمُ الرَّجُلَ قَدْ غَلَّ فِى سَبِيْلِ اللهِ
فَأَحْرِقُوا مَتَاعَهُ وَاضْرِبُوْهُ- رَوَاهُ التِّرْ مِذِىُّ وَأَبُوْدَا ؤدَ وَقَالَ التِّزْمِذِىُّ هُذَا حَدِيُثْ غَرِيُبْ۔
3633. Sayyiduna Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"When you detect a man who is treacherous (concerning spoils) in Allah's path,
then burn his possessions and give him a beating."1
COMMENTARY: Some ulama (Scholars) say that the command to burn his property is no
more valid. It is abrogated.
Imam Ahmad al-), however, goes by the apparent meaning of this hadith. He says that all
property and belongings of this man who misappropriates the spoils should be burnt,
except copies of the Quran, weapons and animals.
Also, this man should be beaten as a discretionary punishment. However, as stated earlier,
he is not liable to have his hand cut off.
[And this chapter is without setion III ]
CHAPTER - VII
ABOUT WINE & THE WARNING TO ONE
WHO DRINKS IT
بَابُ بَيَانِ الْخَمْرِ وَوَعِيْدِشَارِبِهَا
In this chapter, wine is defined, and to what the drinker makes himself liable and a
warning is sounded to the drinker.
WHAT IS KHAMR: According to the Qamus, Khamr (wine) is that which intoxicates
when it is drunk. It may be the crude juice of grapes or of any other thing. The more
correct approach is to go by the generally understood meaning of the word whatever
intoxicates whether juice of grapes or of anyother thing, because wine was forbidden in
Madinah when wine from grapes was unknown. Rather, Khamr was produced only
from dates at that time.
WHY SO CALLED: In the opinion of the lexicographers, Khamr means 'to cover', 'to
conceal', 'to confound'. Since wine covers the drinker's mind and confuses and confound
his senses, so it is called Khamr.
KINDS OF INTOXICANTS: There are many kinds of things that intoxicate.
(1) One of these is wine. It is produced from grapes. Juice of grapes is placed in a vessel
for a few days till it thickens and ferments and becomes ebullient and spirituous. In
1 Tirmidhi # 1461 (1466), Abu Dawud # 2713.

621
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
this way, it becomes an intoxicant. The correct opinion which is observed is that it is
not necessary for it to gather foam. It is called Khamr in Arabic.
(2) The second kind is to boil the juice of grapes to some extent and store (for some
time). It is called (334) badhiq (in Arabic) and (034) badah (in Persian).When the
juice of grapes is boiled till one-fourth of it evaporates and three-fourths remains, it
is called (››b) Tila.
(3) The third kind is called ( a) naqi-ut-tamr also called (≤_) sikkir. It is the
thickened juice of dates it gathers foam.
(4) The fourth kind is called (نقيع الزبيب) naqi-uz-zabib.1
It is the juice of raisins (large and small) that is boiled and produced foam.
RULING: Of these four kinds, the first kind is absolutely prohibited. There is no doubt
about it. The remaining three kinds are prohibited in the unanimous opinion of the ulama
(Scholars) when they are kept in a vessel after boiling them and they thicken, because in
this way they become intoxicants. But, if they do not intoxicate then they are not forbidden.
For instance, if dates are immersed in water for some time till the water looks like a sherbet
(or juice) without any kind of change in it , then it is proper to drink it.
OTHER DRINKS: There are four other drinks which, according to Imam Abu Hanifah,
are lawful to drink provided they are boiled in a simple way such that they do not
intoxicate, but if they become intoxicants then these kinds also become forbidden Again, if
they are kept aside for along time without boiling them and they gather foam, then too it is
forbidden to drink them.
NABIDTH: One of these four kinds is nabidth. It is produced from dates and is boiled to
some extent. Even if it becomes dense then too it is allowed to drink it.
KHALEET: It is a juice prepared by boiling for a little.
THIRD KIND: It is nabidh prepared with honey, wheat, barley and corn or millet boiled in
water to some extent to produce a drink.
MUTHALLITH YAMAN: It is the fourth kind. The juice of grape is boiled till two parts of
it evaporate and one part (or one-third) of it remains as a drink.
RULING ON THESE FOUR: Imam Abu Hanifah alus, said that if anyone drinks any of
them to gain strength to be able to worship well then it is allowed. But, if it is drunk to
enjoy and get sexual pleasure then it is prohibited.
However, Imam Muhammad al , held that is forbidden even to obtain energy for
worship. The Hanafis, therefore, go by the ruling of Imam Muhammad als,. It is stated in
the Ayni Sharh Kanz that Imam Maalik alos,. Imam Shafi'i and Imam Ahmad alus, and
from the Hanafis Imam Muhammad a >, rule: If a greater part of anything is an
intoxicant and inebriates and befuddles, then even a small quantity of it is forbidden,
whatever the way it goes into the drinker's head.2
The evidence lies in the hadith in Ibn Majah and Daraqutni that Allah's Messenger ,le and.
, said, "Whatever is an intoxicant is wine and all intoxicants are forbidden."3
1 Hidayah has it noogoo zabib
2 Ibn Majah # 3392 to 3394.
3 Ibn Majah # 3390 and (similar) # 3386 to 3391, Daraqutni.

622
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
Hence, the Hanafi abide by the ruling of Imam Muhammad les,.
We know, therefore that every thing spirituous and intoxicant is wine and forbidden
whether it is a drink prepared from grapes, dates, raisin, honey, wheat, barley, millet or
corn or it may be the extract or juice of any tree, or it may be a kind of grass. It is forbidden
irrespective of the quantity consumed, small or great.
DIVORCE: If anyone divorces his wife in a state of intoxication, then, according to the jurists,
divorce will be effective whether the intoxicant had resulted from wine or nabidh, etc.
We stated in the foregoing lines that the Imams Maalik ale>>, Shafi'i ales, and Ahmad ibn
Hanbal al , as also from the Hanafis Imam Muhammad al >, and, besides them, the
scholars of hadith, hold that every intoxicant is forbidden, little or much. Imam Abu
Hanifah al, holds that a drink is filthy and forbidden and falls under the same command
as wine which boils, thickens and gathers foam. And, he says that apart from these, unless
they intoxicate, other things are not forbidden. However, the research scholars of the
Hanafis who prefer to exercise caution, follow the verdict of Imam Muhammad alter,. It is
stated so in the Nihayah, Ayni, Zayl'i, Durr Mukhtar, Al Ishabah wa an-Naza'ir , Fatawa
Alamgiri, Fatawa Hummadiyah and Sharh Mawahibur Rahman. In fact, some of these
assert the Imam Abu Hanifah als, concurred with Imam Muhammad als). In this case,
all the imams are one on this issue.
Muwlana Abul Hayyi Lakhnowi al , had answered a question that 'leaved bread' is
forbidden. He delved exhaustively on the forgoing issue too and attested confirmation
from nearly forty scholars of the Hanafis and the Shafi'is.
Among things that cause intoxication, are cannabis, intoxicating grass, herbal plants and
opium. It is forbidden to eat or drink them because they completely disrupt the human
mind and hinder man from worship. The Ulama (Scholars) state that if anyone says that
cannabis etc are lawful (to consume) then he is zindiq and a bid'ati (innovator). Rather,
the jurist Najmuddin Zahidi al >, has called him a disbeliever,and said that it is
permissible to kill him.
TOBACCO: Also, tobacco is forbidden as stated in Durr Mukhtar. Shah Abdul Aziz
Muhadd (prescribed punishment)ith Dahlawi als, has classified puffing at a hookah1 (or a
hubble.bubble) as makruh tanzihi (disapproved for purification). This is because the mouth
of one who puffs at the hookah smells of onion and garlic and not only that it also
resembles the inmates their mouths and it does also from this man's mouth. Besides, sound
nature dislikes this habit. Also, it causes extreme lethargy, and it causes some people to
swoon. This thing is among the (.) muftar, meaning that which creates sloth and neglect.
According to a hadith transmitted by Imam Ahmad ales, and others:
"Whatever makes one lazy and neglectful is forbidden."
The compiler of Sirah and Sahah say muftar means to grow laziness. Imam Raghib has
written in Mufradat ul-Quran that fatar and future mean to 'slow down after being active,'
'becoming mild after fervour,' 'turning feeble after good health.' These things are found in
one who puffs at the hookah.
As for the meaning of muftar given by some as 'heating of the body,' this is a rare meaning
1 an oriental tobacco pipe with a long, flexible tube draws smoke through water in a bowl. (Oxford
concise Dictionary)

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
623
and it is contrary to what most lexicographers say unless it refers to an internal heat.
Anyway, puffing at the hookah takes one away from Allah's pleasure because it defies the
sunnah (Prophet's , a . practice) of siwak. While the siwak (cleanses the teeth and)
removes the bad odour from the mouth, the hookah makes the mouth bad smelling. This
hadith is found in the books of hadith Sahah, etc. about siwak:
التِّوَاكُ مُظْهِرَةٌ لِلْفَمِ وَمَرَضَّاتٌ لِلرَّتِّ
"The siwak is a means of purifying the mouth and it earns the pleasure of the
lord."1 (siwak is a piece of a twig used to brush and clean teeth.)
[For more information see the English translation the Hidayah v2 pp 480 etc.
Published in volumes by Darul-Isha'at, Karachi.]
SECTION I
الفضلُ الآولُ
INGREDIENTS OF WINE
(٣٦٣٤) عَنْ أَبٍ هُرَيْرَةَ عَنْ تَّسُوْلِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْحُمْرُ مِنْ هَا تَيْنِ الشَّجَرَ تَيْنِ: النخلةِ
وَالْمِنَبَةِ- متفقعليه۔
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3634
said, "Wine is produced from these two trees: the date-palm and the grape-vine."2
COMMENTARY: The meaning is that these two things: dates and grapes are the main
source of wine. It does not limit the sources to these two things because of the Prophet todo
's saying (Js) "Every intoxicant is wine" (in that the same command applies to all).
(٣٦٣٥) وَعَنِ ابْنِ عُمَرَ قَالَ خَطَبَ عُمَرُ عَلَى مِنْبَرٍ رَسُولِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَال إِنَّهُ قَدْ نَزَّلَ تَّحُرِيُمُ الُمُرِ
.
وَهِىَّ مِنْ خَمْسَةٍ أَشْيَاءِ الْعِنَّبِ وَالتَّعْرِوَ الِحِنْطَةِ وَالشَّعِيْرِ وَالعَسَلِ والخُمْرُ مَاخَا مَرَ الْعَقْلَ- (رواه البخارى)
3635. Sayyiduna Ibn Umar رضى الله عنه said that (Sayyiduna) Umar رضى الله عنه delivered a
sermon from the pulpit of Allah's Messenger ,ledo and he said, "Prohibition
of wine has been revealed. And it is produced from five things: grapes, dates,
wheat, barley and honey. Wine is what covers and confounds the mind."3
COMMENTARY: The ulama (Scholars) explain that the concluding words describe wine as
what confounds the mind. Hence, these five things are not all from which wine is prepared.
There are other things too (Prohibition was with verse 90 of sunah al-Ma'idah).
KHAMR WAS FROM DATES
(٣٦٣٦) وَعَنْ آَنٍَّ قَالَ لَقَدْ خُرِّمَتِ الْخُمْرُ حِيْنَ حُرِّمَتُ وَمَا نَجِدُ خَمْرَ الْآَعْتَابِ الَّ قَلِيْلًا وَعَامَةُ خَمْرِنًا
الْبُشْرُ وَالتَّمْرُ - (رواه البخارى)
1 Nasai # 5, Musnad Ahmad 6-124, Abu Yala # 4916, Nasai Kubra # 4, Bukhari before # 1934 as
chapter heading.
2 Musnad Ahmad 2-279, Muslim # 13. 1985, Tirmidhi # 1875 (1882), Abu Dawud # 3678, Nasai #
5572, Ibn Majah # 3378
3 Bukhari # 5588, Muslim # 33-3032, Abu Dawud # 3669, Nasai # 5578.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
624
3636. Sayyiduna Anas c à , said, "Prohibition of wine was (enforced
promptly) when it was forbidden (by a revelation). We did not (at that time) get
wine from grapes but a little. Most of our wine was from busr (unripe dates) and
tamr (dry dates)."1
COMMENTARY: The fresh bud, or plumule, on a palm tree is called (glb) tala in Arabic. It
is the spadix which is the initial form of dates where after (J>>) Khalal or green dates, (~)
busr or unripe dates, (b)) rutb or fresh, moist dates, are followed by dried dates and the
final form (J) tamr or ripe dates.
SPIRITUOUS DRINK IS FORBIDDEN
(٣٦٣٧) وَعَنُ عَائِشَةً قَالَتْ سُئِلَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنِ الْبِتُّعِ وَهُوَ نَبِيُذُ الْعَسْلِ فَقَالَ كُلُّ
شَرَابٍ اسْكِّرَ فَهُوَ حَرَامٌ - (متفق عليه)
3637. Sayyidah Ayshah رضى الله عنهاا said that Allah's Messenger صلى الله عليه وسلم was asked
about bit (=) or mead which is nabidh from honey. He said, "Every drink that
intoxicates is forbidden."2
COMMENTARY: The word bit is also biti. Honey is kept in a vessel for some days till it
becomes strong like the nabidh from dates. Both kinds are forbidden if they cause
intoxication. It is said that bit was common among the people of Yemen.
DEPRIVED OF PURE WINE OF NEXT WORLD
(٣٦٣٨) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُوُلُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كُلُّ مُسْكٍِ خَمْرْ وَكُلُّ مُسْكٍِ حَرَامٌ وَمَنْ
شَرِبَ الُمْرَ فِي الدُّنْيَا فَمَاتَ وَهُوَيُدُ مِنْهَا لَمْ يَتُبُ لَمْ يَشْرَ بُهَا فِي الْآخِرَةِ- (رواه مسلم)
3638. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Every intoxicant is (under the same command as) wine and every intoxicant is
forbidden. He who drinks wine in this world and dies as a habitual drinker,
without making a repentance, will not drink it in the hereafter."3
COMMENTARY,: The habitual drinker drinks wine taking it to be lawful, cr these words
are meant to keep him away from drinking, or he will not get the pure wine of the next
world with those who enter paradise straightaway.
WARNING TO DRINKERS
(٣٦٣٩) وَعَنُ جَابٍ أَكَّ رَجُلًّا قَدِمَ مِنَ الْيَمَنِ فَسَأَلَ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ شَرَابٍ يَشْرَبُوْنَهُ
بِأَرْضِهِمْ مِنَ الذُّرَةِ يُقَالَ لَهُ الْمِزُرُ فَقَالَ النَّيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَوَ مُسْكِرْ هُوَ؟ قَالَ نَعَمْ قَالَ كُلُّ مُسُكٍِ
حَرَام إِّ عَلَى اللَّهِ عَهْدًا لِمَّنْ يَشْرَبُ الْمُسْكِرَ أَنْ يَسْقِيَهُ مِنْ طِيْنِةِ الْخِيَالِ قَالُوا يَا رَسُوْلَ اللَّهِ وَمَاطِيْنَّهُ
1 Bukhari # 5580, Muslim (like it) # 7-1980, Nasai # 5543.
2 Bukhari # 5586, Muslim # 67-2001, Abu Dawud # 3682, Tirmidhi # 1863 (1870), Nasai # 5594, Ibn
Majah # 3386, Muwatta Maalik # 9 (Ashribah), Musnad Ahmad 6-190.
3 Muslim # 73-2003, Bukhari (second partonly) # 5575, (and so) Tirmidhi # 1868 ( 1871), Ibn Majah #
3373, Darimi # 2090, Muwatta Maalik # 11 (Ashribah), Musnad Ahmad 2-19

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
625
الْخُبَالِ قَالَ عَرَقُ أَهْلِ الثَّارِ آَوْ خُصَارَةُ أَهْلِ النَّارِ - (رواه مسلم)
3639. Sayyiduna Jabir wan+, narrated that a man arrived from Yemen. He asked the
Prophet صلى الله عليه وسلم about a kind of liquor they consumed in Yemen which was
produced from corn and is called mizr. The Prophet ,lào asked him, "Is it
intoxicating?" He said, "Yes!" So, he said, "Every intoxicant is forbidden. And
(remember) about one who drinks intoxicants that he will give him to drink from
tinat ul-Khabal." They (the sahabah (Prophet's Companions) رضى الله عنهم) asked, "0
Messenger of Allah, what is tinat ul-Khabal?" He said, "The perspiration of the
inmates of hell." Or, he said, "The puss from the wounds of the inmates of hell."1
COMMENTARY: The translation of Shaykh Abdul Haq Muhadd (prescribed punishment)ith
Dahlawi als, gives the meaning of Khabal as the 'sweat' or 'puss or blood' of the inmates
of hell, and tinat as 'sediment'.
ABOUT NABIDH
(٣٦٤٠) وَعَنْ أَبِيٍ فَتَادَةَ آَكَّ النَّبِيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّم ◌َهَى عَنْ خَلِيْطِ الثَّمْرِ وَالْبُسْرِ وَعَنْ خَلِيْطِ الَِّبِ
وَالتَّمْرٍ وَعَنْ خَلِيْطِ الزَّهْوِ وَالُّطَبِ وَقَالَ انْتَبِذُّ واكُلَّ وَاحِدٍ عَلَى حِدَةٍ - (رواه مسلم)
3640. Sayyiduna Abu Qatadah رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم forbade
that dried date and unripe dates should be mixed (to prepare nabidh), that raisins
and dried dates should be mixed (to prepare nabidh), that zahwi (1;) which is
unripe date that takes yellow and red colour) should be mixed with fresh dates (to
prepare nabidh). But, he said, "Prepare nabidh of each (by soaking it) separately."2
COMMENTARY: The Prophet صلى الله عليه وسلم forbade the soaking of two kinds of fruit
together (to make nabidh from them), but he allowed each to be soaked separately (to make
nabidh from it). The reason is that one of the two kinds of fruit may respond to water more
quickly than the other and become an intoxicant casting an influence on the other, The
nabidh will cause intoxication and it will not be possible to identify the intoxicant. So,
drinking it will be unlawful.
Imam Maalik al , and Imam Ahmad al os, abide by this hadith. They say that it is
unlawful to drink this nabidh whether it intoxicates or not. Other say that it is forbidden
only if there is intoxicant from it.
ALLOWED TO CONSUME VINEGAR FROM WINE OR NOT?
(٣٦٤١) وَعَنْ آَنَسٍ أَكَّ النَِّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ سُئِلَ عَنِ الْحُمْرِ يُتَّخَذُ خَلَّا؟ فَقَّالَ لَا - (رواه مسلم)
3641. Sayyiduna Anas رضى الله عنه said that the Prophet صلى اللهعليه وسلم was asked about wine
being processed into vinegar (by immersing salt and onion into it). He said, "No."
(It is not lawful).3
COMMENTARY: The Hanafis say that if wine is transformed into vinegar then it is
allowed to use it for eating and drinking. The vinegar may be prepared by mixing
1 Muslim # 72-2002, Nasai # 5712, Nasai Kubra 5218, Musnad Ahmad 3-361.
2 Bukhari # 5602, Muslim # 26-1988, Abu Dawud # 3704, Nasai # 5551, Ibn Majah # 3397, Darimi #
2113, Musnad Ahmad 5-309.
3 Muslim # 11-1983, Tirmidhi # 1294 (1298), Darimi # 2115, Musnad Ahmad 3-260.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
626
something in wine or without adding anything to it, by putting it aside for many days, or
by leaving it in the sun after which it turns into vinegar automatically.
Imam Shafi ale>, says that if vinegar is processed by mixed something with wine, then it is
not lawful to consume. If it is left in sun and it turns into vinegar without anything being
added to it then he gave two verdicts about it and the more approved is that the wine is no
more wine but will become pure and it will be allowed to consume it.
The Hanafis say that the Prophet صلى الله عليه وسلم had said unreservedly:
نِعْمَ الْإِدَامُ الخُلُّ
(The best of seasoning is vinegar.) Hence, vinegar is lawful. Secondly, if the impurity is
removed from wine because of which it was unlawful and a pure state is introduced into it
then becomes lawful to consume.
As for this hadith (under discussion) the Hanafis say that the Prophet صلى الله عليه وسلم had
denied that it was lawful because this question was asked after wine was forbidden and
people had long been used to drinking it. Naturally, any habit that has been given up after
a very long practice does not go out of minds suddenly. Minds do incline toward it for a
long time afterwards. Therefore, the Prophet صلى الله عليه وسلم forbade the use of vinegar
processed from wine lest the devil tempt the people to drink wine in the name of vinegar.
Later, when the people were used to the prohibition of wine and there was no likelihood of
their returning to it, the consumption of vinegar was permitted, processed from wine. The
compiler of Hidayah has transmitted a hadith from Jabir usan », in a marfa form:
خَيْرُ خَلِكُمْ خَلُّ خَمْرِكُمْ - (بيهقى)
(The best of your vinegar is that which is produced from wine). Bayhaqi, Kitab Marifah.
NOT TO BE USED AS MEDICINE
(٣٦٤٢) وَعَنْ وَائِلِ الْخُضْرِى أَثَّ طَارِقَ بْنَ سَوِيْدٍ سَأَلَ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَنِ الْجُمْرِ فَتَهَاهُ فَقَالَ
إِنَّمَا أَصْنَئُهَا لِلدَّوَاءِ فَقَالَ إِنَّه لَيْسَ بِدَوَاءٍ وَلكِنَّ دَاء- (رواه مسلم)
3642. Sayyiduna Wa'il al-Hadrami ws às +, narrated that (Sayyiduna) Tariq ibn
Suwayd رضى الله عنه asked the Prophet رضى الله عنه about wine. He forbade him. Then he
submitted, "We (will) only use it as a medicine." He said, "It is not a medicine but
is (itself) a malady."1
COMMENTARY: Most ulama (Scholars) say that wine must not be used as medicine.
Some ulama (Scholars) maintain, however, that if a physician says that there is no remedy
for an illness but wine, then it is allowed to use it, but the physician must be skilled.
Similarly, if a morsel or something else gets stuck in a person's throat and cannot be
swallowed and there is no water or any liquid to gulp it down so that he might die of
suffocation, then all the ulama (Scholars) say, unanimously, that it is lawful to drink only
so mush wine as is enough to get that thing down the throat.
ALLAH HAS NOT PLACED CURE IN THE UNLAWFUL THINGS:
It has been
mentioned earlier in the beginning of the previous chapter, that the prohibition of wine
was not sent down (in the verses of the Quran) all of a sudden but was sent down
1 Muslim # 12-1984, Daimi # 2095, Musnad Ahmad 4-331.

627
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
gradually. The first of these verses was cited there. It also says: (Ju jus) {and there is
some benefit in it for the people}
The exegetes have written much on what these benefits could be. Some of them have
pointed out that benefits refer to the soundness of the human body but can wine benefit the
human body in any way, or be a means of cure of some illness? We must remember the
words of the Prophet صلى الله عليه وسلم that Allah has not placed cure in anything that is
unlawful.
SECTION II
الفضلُالثَّانِی
PUNISHMENT FOR DRINKING WINE
(٣٦٤٣ -٣٦٤٤) عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ شَرِبَ الْحُمْرَ لَمْ يَقْبَلِ اللّهُ
لَهُ صَلاَةٌّ أَرْ بَعِيْنَ صَبَّاحًا فَإِنْ تَابَ تَابَ اللّهُ عَلَيْهِ فَإِنْ عَادَ لَمْ يَقْبَلِ اللّهُ لَّه صَلَاةَ أَرْ بَعِيْنَّ صَبَاحًا فَإِجْ
تَابَ تَابَ اللَّهُ عَلَيْهِ فَإِنْ عَادَ لَمْ يَقْبَلِ اللَّهُ لَّه صَلَاةَ أَرْبَحِيْنَ صَبَاحًا فَإِنْ تَابَ تَابَ اللّهُ عَلَيْهِ فَإِنْ عَادَ
فِيِ الرَّابِعَةِ لَمُ يَقْبَلِ اللَّهُ نَّه صَلَاةً أَرْبَعِيْنَ صَبَاحًا فَإِنْ تَابَ لَمْ يَتُبِ اللَّهُ عَلَيْهِ وَسَقَاءُ مِنْ تُمْرِ الحُجَالِ۔
رَوَاهُ التِّرْ مِذِىُّ وَرَوَاهُ النِّسَائِىُّ وَابْنُ مَاجَةً وَالدَّارِمِئُ عَنْ عَبْدِاللهِبْنِ عَمْرٍو۔
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Umar .3643
, said, "If anyone drinks wine (and does not repent) then Allah does not accept
his salah (prayer) for forty days. If he repents then Allah relents to him. If he reverts
(to it), then Allah does not accept his salah (prayer) for forty days, but if he repents
then Allah relents to him. Again, if he reverts (to it), then Allah does not accept his
salah (prayer) for forty days, but if he repents then Allah relents to him. Then, if he
reverts to it a fourth time, Allah does not accept his salah (prayer) over forty days
and even if he repents, Allah does not relent to him, and He will give him to drink
from the river of Khabal (which is the pus of the inmates of hell )."1
3644. Sayyiduna Abdullah ibn Amr wca +, narrated (the same hadith # 3463).2
COMMENTARY: The man will not get reward for offering salah (prayer) but he will have
discharged his duty to offer it. The worship of salah (prayer) has been mentioned here
specifically to make realize that when salah (prayer) is not approved which is the superior
most of all physical forms of worship then what way be said of the other forms of worship.
The number of forty days is perhaps mentioned because a drunkard retains the effect of
wine in different ways for as many days.
The Prophet's Lyca . words that Allah will not relent to him the fourth time are by way
of warning and are meant to keep him away from sin. In fact, he has said elsewhere, "If
anyone sins and regrets and makes a repentance and hopes that Allah will forgive him then
he is not defiant even if commits the same sin seventy times in a day."
Or, the Prophet's صلى الله عليه وسلم words mean that he who drinks wine the essence of all sins is
so much under its bleak influence that he is unable to make a sincere repentance. He is lost
1 Tirmidhi # 1862, Musnad Ahmad 2-153
2 Nasia # 5669, Ibn Majah # 3377, Darimi # 2091, Musnad Ahmad 2-189.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
628
to the extent that he dies in his obstinacy.
LITTLE OF INTOXICANT IS ALSO HARAAM
(٣٦٤٥) وَعَنْ جَابِرٍ أَكَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَا أَسْكِّرَ كَثِيْرُهُ فَقَلِيْلُهُ حَرَام - (رواه الترمذى
وابوداود وابن ماجة)
3645. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "If
much of anything intoxicates, then a little of it is (also) prohibited."1
COMMENTARY: If there is a liquor whose large amount causes intoxication but a small
amount does not intoxicates then it does not follow that its small amounts may be
consumed . Rather, even a little of it is haraam (prohibited), for, it is with man that he goes
on increasing the amount of whatever he uses. Hence, we must abstain from small
amounts, too.
HANDFUL OF INTOXICANT IS ALSO FORBIDDEN
(٣٦٤٦) وَعَنُ عَائِشَةَ عَنْ زَّسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَا أَسْكِّرِ هْنِهُ الْفَرَقُ فَمَلَأْ الْكَّ مِنْهُ حَرَامـ
(رواه أحمد والترمذى وابو داؤد)
3646. Sayyidah Ayshah " &n+, narrated that Allah's Messenger said, "If a faraq of
anything intoxicates, then a handful of it is forbidden (too)."2
COMMENTARY: A faraq is three sa's (eight seers). The hadith means that whatever causes
intoxication is forbidden irrespective of quantity.
WHAT MAKES WINE
(٣٦٤٧) وَعَنِ النُّعْمَانِ بْنِ بَشِيْرٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِّ مِنَ الْحِنْطَةِ خَمْرًّا وَمِنَ
الشَّحِيْرِ خَمْرًا وَمِنَ الثَّمْرِ خَمْرًا وَمِنَّ الَّبِيْبِ خَمْرًا وَمِنَ الْعَسَلِ خَمْرًا - رِوَاهُ التِزْ مِذِىُّ وَأَبُوُدَاؤدَ وَابْنُ مَاجَةً
وَقَالَ التِّزْ مِذِىُّ هُذَا حَدِيْثْ غَرِيُبُ.
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Numan ibn Bashir .3647
, said, "Indeed, from wheat wine is had, from barley wine is had, from dates
wine is had, from grapes wine is had and from honey wine is had."3
COMMENTARY: the ulama (Scholars) say that the hadith does not mean that wine is
made from only these things. They are, however, the sources of wine, generally. Ibn Maalik
said that wine (Khamr) is from grapes but the word is used for other sources too because
the wine from them (as from nabidh) also knocks out the mind.
WINE IS NOT A PRECIOUS COMMODITY
(٣٦٤٨) وَعَنْ آنٍ سَحِيْدِنِ الْخُدُرِيِّ قَالَ كَاتَ عِنْدَنَا خَمُرْ لِيَتِيْرٍ فَلَمَا نَزَّلَتِ الْمَائِدَةُ سَأَلْتُ رَسُولَ اللَّهِ
صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْهُ وَقُلْتُ إِنَّهُ لِيَتِيْمٍ فَقَالَ آَهُرِ يُقُؤُهُ- (رواه الترمذى)
1 Tirmidhi # 1865 (1872), Abu Dawud # 3681, Ibn Majah # 3393, Musnad Ahmad 3-343.
2 Tirmidhi # 1866 ( 1873), Abu Dawud # 3681, Musnad Ahmad 6-131.
3 Tirmidhi # 1879, Abu Dawud # 3676, ibn Majah # 3479, Musnad Ahmad 4-267.

629
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
3648. Sayyiduna Abu Sa'eed Khudri us &+, said, "We had with us wine belonging
to an orphan (who was under our care and whose miscellaneous property was
entrusted to us ). When surah al- Ma'idah (meaning its verse 90 was revealed), I
asked Allah's Messenger صلى الله عليه وسلم about it and informed him that it belonged to
an orphan (whose property should be preserved). He said, "pour it out."1
COMMENTARY: Wine is not a property of value. It is not lawful to earn a profit from it
and we must despise it. Hence it must be spilled out.
(٣٦٤٩) وَعَنْ آَنَسٍ عَنْ آَبِيْ طَلْحَةً أَنَّهُ قَالَ يَانَيِنَّ اللَّهِإِّ اشْتَرَيْتُ خَمْرًّ ا لِأَيْتَامِ فِ حِجُرِى فَقَالَ آَمْرِقِ الخُمُرَ
وَاكْسِرِ الدِّنَاتَ - رَوَاهُ التِِّمِذِىُّ وَضَعَفَهُ وَفِيْ رِوَايَةٍ أَبِ دَاوُدَ آَنَّهُ سَأَلَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنُ إِئْتَامٍ
وَرِثُوْ اخَمْرًّا قَالَ أَهْرِقُهَا قَالَ آَفَلَا أَجْعَلُهَا خَلَّا قَالَ لَا-
3649. Sayyiduna Anas رضى الله عنه reported about (Sayyiduna) Abu Talhah رضى الله عنه that
he asked, "O Prophet of Allah, I had bought wine for the orphans in my charge."
He said, "Pour out the wine and smash the vessels.2
According to another version: He asked the Prophet صلى الله عليه وسلم anout the orphans
who had inherited wine. He said, "Throw it away!" He asked, "May I not make
vinegar out of it?" He said, "No!"3
COMMENTARY: Abu Talhah us an+ had bought wine for the orphans in his care when it
was not prohibited When he asked him about it, the Prophet , d . instructed him to
spill out the wine and break the vessels that contained it because wine may have seeped
through into them. There was no way they could be purified. Or, the Prophet ,le at
may have meant to emphasise the prohibition of wine. It was so serious that the vessels
associated with wine may also be eliminated.
He also disallowed the making of vinegar from it. Perhaps this was also to emphasise
the dislike for wine. Or, the forbidding was by way of makruh tanzihi (disapproved
for purification).
SECTION III
الفَضْلُ الثَّالِثُ
WHAT INTOXICATES & CAUSES LETHARGY & WEAKNESS IS FORBIDDEN
(٣٦٥٠) عَنْ أُمِّ سَلَمَةَ قَالَتْ ثَى رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ كُلِّ مُسْكٍِ ومُفْتٍِ- (رواه أبوداود)
صلى الله عليه وسلم said that Allah's Messenger رضى الله عنه Sayyiduna Umm Salamah .3650
forbade everything that causes intoxication and renders (the drinker) languid.4
COMMENTARY: The word rendered 'languid' is (.) (muftir). It is said of a man (Japan) when
his eye lashes become weak and the eye balls seem to have been raised. It is used for something
that heats the heart and mind and then makes them remiss, faint and become allayed.
On the basis of this interpretation, the dill (or dill weed) of Khurasan and such other culinary
herbs that cause weakness and laxity (after initial heat) are deduced to be forbidden.
1 Tirmidhi # 1263, Musnad Ahmad 3-26.
2 Tirmidhi # 1297.
3 Abu Dawud # 3675.
4 Abu Dawud # 3686, Musnad Ahmad 6-309.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
630
The aforementioned meaning is from the Nihayah.
[According to lane's lexicon. 'it is a beverage that renders languid the drinker ... or which
heats the body and occasions in it a languor, or laxity of the joints and weakness: such
beverage is prohibited.]1
WINE IS NEVER PERMITTED
(٣٦٥١) وَعَنْ دَيْلَمِ الْحِمْيَرِيِّ قَالَ قُلْتُ لِرَسُولِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمْ يَا رَسُولَ اللَّهِإِنَّا بِارْضِ بَارِدَةٍ وَنُعَالِمُ
فِيْهَا عَمَلَا شَدِيدًا وَإِنَّا نَتَّخِذُ شَرَابًا مِنْ هُذَا الْقَمُحِ نَتَقَوِىُّ بِهِ عَلَى أَعْمَالِنَا وَعَلَى بَرَدِ بَلَادِنَا قَالَ هَلْ يُسْكِرُ قُلْتُ
نَعَمْ قَالَ فَاجْتَنِبُوْهُ قُلْتُ إِّ النَّاسَ غَيْرُ تَّارِكِيْهِ قَالَ إِنْ لَمْ يَتُكُؤُهُ فَقَاتِلُؤُهُمُ- (رواه ابوداؤد)
3651. Sayyiduna Daylam Himyariy « a », narrated that he submitted, "O
Messenger of Allah, we reside in a cold land where we have to undertake strenuous
work (that requires tremendous physical exertion). So, we make wine from wheat to
energise ourselves from it for our work and to withstand the it intoxicate?" He said,
"Yes". He submitted, "The people will not refrain from it." He said, "If they do not
give it up (and deem it to be lawful) then fight with them."2
WINE & GAMES OF CHANCE FORBIDDEN
(٣٦٥٢) وَعَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو ◌َثَّ النَّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تَى عَنِ الْحُمْرِ وَالْمَيْسِرِ وَالْكُوْبَةِ
وَالغُبَيْرَاء وَقَالَ كُلُّ مُسْكٍِ حَرَامٌ-(رواه ابوداؤد)
صلى الله عليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Abdullah ibn Amr .3652
forbade (the consumption of) wine, (indulging in) gambling, (playing the) Kubah
(game of chess or a kind of drum or the game backgammon or lute), and (drinking)
ghubayra (a kind of wine). And he said, "Every intoxicant is prohibited."3
COMMENTARY: Kubah is the game of chess or backgammon, or a drum or a lute.
(Maysir a game of chance). And ghubayra is a kind of wine prepared from corn or
millet by the Ethiopians.
DRINKER WILL NOT ENTER PARADISE
(٣٦٥٣) وَعَنْهُ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَدْخُلُ الْجَنَّةَ عَاقْ وَلَّا قَتَّارٌ وَلَّا مَنَّاهُ وَلَا مُدُ مِنُ
خَمْرٍ - رَوَاءُ الدَّارِقُيِ وَفِ رَوَائَةٍ لَهُوَلَّا وَلِدُ زِنْيَّةٍ بَدَلَ قَمَّاڕٍ۔
صلى الله عليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Abdullah ibn Amr .3653
said, "A disobedient son and a gambler, and one who reminds of his favours and a
habitual drinker will not enter paradise (with those who are admitted at an early
stage after earning deliverance)."4
According to another version from him: "A disobedient son and a bastard, and one
who reminds of his favours and a habitual drinker ... " to the end.
1 Arabic- English lexicon EW. Lane (Book I part 6 pp 232. 33). translator.
2 Abu Dawud # 3683, Musnad Ahmad 4-232.
3 Abu Dawud # 3685.
4 Nasai # 5675, Darimi # 2094, Musnad Ahmad -201.

631
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
COMMENTARY: Every play in which a bet is placed on something, or money is staked on
something, is gambling. Speculation or forward trading is also gambling.
Teebi alas, said that (s) mannan could mean 'to brag about one's favour's. But, it could
also mean one who' cut off.' So, he is who severs ties of relationship.
The hadith that a bastard will not enter paradise is neither sahih (or sound) nor may it be
termed mawdu (or invented). Rather, it is a weak tradition. If it were to be said to be sound
to some degree then it may be explained that normally a child born out of wedlock is
deprived of its father's care and remains under the shadow of its mother's bad character, so
it goes astray and falls into evil.
It may also be said that such a child is auspicious. Or, it is a warning to such people who
indulge in unlawful intercourse to desist them they give birth to such children.
Some people say that walad uz-zina does not mean bastard but refers to those people who
are habitual adulteres. It is like saying banu al-harb (children of war) or banu al-Islam
(children of Islam), respectively, fighter, Muslims.
Hence, this hadith does not say that a bastard will go to hell because he is born out of
wedlock. He was not at fault for the sin that was the means of his birth.
WARNING TO A DRUNKARD
(٣٦٥٤) وَعَنْ أَبِيٍ أُمَامَةَ قَالَ قَالَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بَعَلَّنِيْ رَحْمَةً لِّلْعَالَمِيْنَّ وَهُدَّى لِّلْعَالَمِيْنَّ وَآَمُرَنِى
رَبِّ عَزَّوَجَلَّ بِمَحْقِ الْتَعَازِفِ وَالْمَزَامِيْرِ وَالاَ وْثَانٍ وَالضُّلُبٍ وَأَمْرِ الْجَاهِلِيَّةِ وَحَلَفَ رَتٍ عَّوَجَلَّ بِعِزَّقِّلَا
يَشْرُبُ عَبْدْ مِنْ عَبِيْدِىُ جُرُعَةً مِنْ خَمْرٍ إِلَّ سَقَيْتُهُ مِنَ القَّدِيْدِ مِثْلَهَا وَلَا يَتُرُكُهَا مِنْ مَخَافِتِى إِلَّ سَقَيْتُهُ مِنْ
چِیَاضِ الْقُدُس- (رواه احمد)
3654. Sayyiduna Abu Umamah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"Allah has sent me as a mercy to the worlds and as a guidance to the worlds. And
my lord, Mighty and Glorious, has commanded me to eliminate (musical) stringed
instruments and wind instruments, idols, crosses and customs of the jahiliyah
(ignorance period) (pre-Islamic disbelief). And, my lord, Mighty and Glorious, has
sworn, 'By My Mighty, if any of My slaves sips a mouthful of wine then I shall give
him (in the next world) as much of pus (of the inmates of hell) to drink. But, if he
abandons it (drinking wine) through fear of Me then I will give him (in the next
world) drink from the sacred ponds (of paradise)."1
COMMENTARY: The (musical) instruments comprise every conceivable kind, like drums,
flutes, etc. But the stringed and wind instruments are forbidden because they were used by
the misled people since ancient times.
The jurists rule that humming tunes and singing songs with the musical instrument are
unlawful, but without the musical instrument, they are makruh (disapproved). Moreover,
to listen to songs and tunes sung by stranger women is strictly forbidden.
The cross is a sacred symbol of the Christians. It reminds them of their belief that Prophet
Eesa (> JiAle was curified thecross depicts the manner in which he was put on it according
to their belief. Hence, the Prophet صلى الله عليه وسلم was commanded to eliminate this symbol,
1 Musnad Ahmad 5-228.
.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
632
too. The Muslims are forbidden to use any such thing on which this symbol is found, for, it
resembles another people and it is unlawful in Islam.
As for the customs of the jahiliyah (ignorance period), they are those that are absolutely false
and fake. They were practiced before the advent of Islam unrestrictedly. Examples are wailing,
boasting on ancestors and family background and finding faults with lineages of other people.
DISOBEDIENT CHILDREN CUCKOLD & DRUNKARD
(٣٦٥٥) وَعَنِ ابْنِ عُمَرَ آَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ ثَلَاثَةٌ قَدْحَرَّمَ اللَّهُ عَلَيْهِمُ الْجُنَّةَ مُدُمِنُ
الْخُمْرِ وَالْعَاقُ وَالدَّيُّوْتُ الَّذِىُ يُقِرُّفِىْ أَهْلِهِ الْخُبْثَ- (رواه أحمد والنسائى)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Umar .3655
, said, "Three there are to whom Allah has forbidden (admittance to) paradise (and
they will not be admitted in the beginning with those who have succeeded). They are:
the habitual drunkard, one who is disobedient to parents, and the cuckold who
connives at his wife (and womenfolk) committing illicit sexual intercourse."1
COMMENTARY: The cuckold compels his wife and female slave, etc to commit sin with
other men, or he connives at their being sinful with other men. This includes consuming
wine, remaining impure without having a purifying bath. The cuckold does not make his
wife stop drinking and he does not compel her to have a purifying bath.
The cuckold is (y>) dayyuth in Arabic. The Majma-ul-Bahrayn says that he is also called
(alias) Kash Khan, and (us) qarnan. Some people differ and say that while the dayyuth
tolerates other men's them to visit his wife, Kash Khan allows them to visit his sisters and
qarnan permits them to go to his daughters. (According to steingass Persian-English
Dictionary: Kash Khan is 'wittol' and qarnan is 'cornute'. )
(٣٦٥٦) وَعَنْ أَبٍ مُؤْسَى الْأَشْعَرِيِّ أَّ النَِّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ ثَلَاثَةٌ لَا تَدْخُلُ الْجُنَّةَّ مُدُمِنُ الْحُمُرٍ
وَقَّاطِعُ الرَّحِمِ وَمُصَدِّقْ بِالسِّحُرِ - (رواه أحمد)
3656. Sayyiduna Abu Musa Ashari رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم said,
"three kinds of people will not enter paradise (initially): one who is a habitual
drinker, one who severs ties of relationship and one who believes in sorcery."2
COMMENTARY: The one who believes in sorcery believes that magic is effective by itself,
otherwise it is proper to believe that sorcery is something, for it is created by Allah Himself.
It works at Allah's command as stated: (;Ji) (sorcery is a fact).
LIKE IDOL-WORSHIP
(٣٦٥٧-٣٦٥٨-٣٦٥٩) وَعَنِ ابْنِ عَبَّاسٍ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ هُدُمِنُ الْحُمْرِ إِنْ مَاتَ لَّقى
اللهُ تَعَالِى كَعَابِدٍ وَثَنٍ - رَوَاهُ أَحْمَدُ وَرَوَى ابْنُّ مَاجَةً عَنْ آَبٍ هُرَيْرَةً وَالْبَيْهِقِيُّ فِي شُعَبِ الْإِثْمَانٍ عَنْ مُحَمَّدٍ
بْنِ عُبَيْدِ اللَّهِ عَنْ آَبِّهِ وَ قَالَ ذَكَّرَ الْبُخَارِيُّ فِي التَّارِيخُ عَنْ مُحَمَّدِ بْنِ عَبْدِ اللُّهِ عَنْ آَيْهِ
3657. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
1 Musnad Ahmad 2-134.
2 Musnad Ahmad 1-272.

633
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
"One who is addicted to wine will, on his death, meet Allah the Exalted like an
idol-worshipper."1
3658. Sayyiduna Abu Hurayrah رضى الله عنه also narrated it. 2
3659. Sayyiduna Muhammad ibn Ubaydullah al-, also narrated it from his father.3
Bukhari also narrated it in his Tarikh from Muhammad ibn Abdullah ales, from his
father, as Bayhaqi antes, said.
(٣٦٦٠) وَعَنْ أَبِيْ مُؤْسى أَنَّهُ كَانَ يَقُوُلُ مَا أُبَالِيْ شَرِبْتُ الْخُمْرَ أَوْ عَبَدْتُ هذِهِ الشَّارِيَةَ دُوْنَّ اللَّهِ-
(رواه النسائي)
3660. Sayyiduna Abu Musa As à +) (Ashari) said, "I find no difference (at all)
between consuming wine and worshipping this pillar (meaning the idol of stone)
instead of Allah."4
COMMENTARY: Abu Musa san >, means to say that consumption of wine and idolatry
are sins of identical degree.
1 Musnad Ahmad 1-272.
2 Ibn Majah # 3375.
3 Bayhaqi in Shuab ul-eeman # 5597.
4 Nasai # 5663 (5666), Nasai Kubra # 5173.

634
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
بسم الله الرحمن الرحيم
BOOK - XVII
KITAB UL-IMARAH WA AL-QADA
كِتَابُ الْإِمَارَةِ وَالْقَضَاءِ
EMIRATES & JUDICIARY
(OFFICES OF THE AMIR OR RULER AND OF THE JUDGE)
The word (a,ul) Imarah (emirate) means 'chieftanship and rule.' The word ( Las) qada means
'judiciary under shariah.' These are the two basic pillars of the Islamic government.
The amir and imam (who is the head of the government) is the preserver of the basic laws
of Islam. He is responsible for running the government and for enjoining the reputable and
forbidding the disreputable. He is the trustee of the religion and the strength of the ummah
of Islam. He oversees the general affairs of the state. He has an authority over the matters
of concern to the members of the Islamic society.
The qadi (judge) is the chief of the judiciary. He is the preserver of the rights of the citizens.
He is the final authority on behalf of Shariah to decide cases and his main responsibility is
to decide, on the basis of Shariah, the disputes between people. And his duty, greater than
that, is to respect justice, fairness and honesty in every case.
ISLAM & GOVERNANCE
Islam is the world's unparalled religion and also its most great power. It is the last and
most perfect code of law of guidance for the success of mankind. It is also the eternal
political power that dispenses its authority for the overall good of mankind and their
general administration.
Islam is not merely a religion but as a religion is concerned with governance, rule politics
and the state as with any significant reality. It is not what merely corrects the internal
affairs but as a religion it lays claim to authority over the world's material life too. This is
why the Quran the source of Islam's conceptions and theories, and the ahadith that are the
explanations of the Quranic guidance, establish the relationship of Islam and the
government, sometimes through history, sometimes through education and sometimes by
recalling the blessings of Allah.
The earth belongs to Allah who has the right rule over it. So, one of the basic objectives of
Islam is that Allah's rule should be established on earth and His law should be enforced.
Those of us who are obstinate and bull-headed wish to separate religion and politics and
thereby to keep Islam away from politics and government with no concern for them. They
have succumbed to the tactics of elements who oppose Islam but who themselves have
been unable to keep the state aloof of religion. However, they are bent on preventing the
Muslims from marching ahead in politics. So they have created a conception of separate
entities of religion and politics. Thereby, they have poisoned Muslim minds and thought
with their filthy ideas.
The initial ahadith of this Book of Al-imarah wa al-Qada bear out that Islam and
government with politics are not two diverse subjects. These ahadith make clear that
government and politics are part of Islam's sphere and they give ample guidance

635
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
concerning the amir (or ruler, chief), the Khalifah (caliph), the qadi (judge) and sub-judges,
he masses and subjects, the state and the army, and the different fields of administration
and governance. These ahadith provide guidance and commands about them.
CHAPTER - I
SECTION I
الفضل الأول
صلى الله عليه وسلم OBEDIENCE TO AMIR IS OBEDIENCE TO ALLAH & HIS MESSENGER
(٣٦٦١) عَنْ أَبِيْ مُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ أَطَاعَنِيْ فَقَدْ أَطَاءَ اللَّهَ وَمَنُ عَضَانِيْ فَقَّدُ
عَقَى اللَّهُ وَمَنْ يُطِعِ الْآَمِيُرَ فَقَدْ أَطَاعَنِيٍ وَمَنْ يَعْصِ الْأَمِيُرَ فَقَدٌ عَضَانِ وَإِنَّمَا الْإِمَامُ جُنَّةٌ يُقَاتَلُ مِنْ وَرَائِهِ
وَيُتَّى بِهِ فَإِنْ آَمَرَ بِتَقُوىّ اللَّهِ وَعَدَلَ فَإِّ لَهُ بِذَالِكَ آَجْرًّا وَإِنْ قَالَ بِغَيْرٍهٍ فَيِّ عَلَيْهِ مِنْهُ - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3661
said, "Whoever obeys me has obeyed Allah, and whoever disobeys me has
disobeyed Allah, whoever obeys the amir has obeyed me, and whoever disobeys
the amir has disobeyed me. The imam is merely a shield behind whom fighting
takes place (on his orders and strength) and protection is sought (from the enemy).
If he enjoins (piety and) fear of Allah and dispenses justice, then he will earn a
reward for that. But, if he enjoins otherwise, then he will bear the burden (of sin)."1
COMMENTARY: The imam (ruler of the state) is a shield in the sense that like a shield that
keeps arrows and swords away from the body, so too the imam keeps the enemy at bay.
A SLAVE WHO IS AMIR MUST BE OBEYED
(٣٦٦٢) وَعَنْ أُمِّ الْحُصَيْنِ قَالَتُ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِنْ أُقِّرَ عَلَيْكُمُ عَبْدْ مُجَّدَّهُ يَقُودُكُمْ
بِكِتَابٍ اللّهِ فَاسْمَعُوْ ا لَهُ وَاَطِيُكُوْا - (رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Umm Al-Husayn .3662
, said, "If a slave with a slit nose and a cut ear is made your ruler and he goes by
the Book of Allah (in leading you) then listen to him and obey him."2
COMMENTARY: This hadith emphasises the importance of obeying the ruler. The
relevance of the slave makes it more emphatic. It is like the Prophet's صلى الله عليه وسلم saying, "If
anybody builds a mosque even like a birds nest .... " Clearly a mosque is never like that. So,
the Prophet صلى الله عليه وسلم only meant to emphasise the importance of building mosque: how
excellent and meritorious it is! In this case too it is to show how important it is to obey the
ruler. Otherwise, it is not allowed to make a slave an amir or an imam (meaning, head of
state). He may become an assistant of the head of state.
Hence, it must be remembered that in all these ahadith the same interpretation will apply
as mention a slave as the head of state.
The same explanation is made about a split nose and ear. It means that the ruler should be
1 Bukhari # 2957, Muslim # 33-1835, Nasai # 4193, 4196, Ibn Majah # 2859, Musnad Ahmad 2-252.
Nasai Kubra # 7816, 7819.
2 Muslim # 311-1298, Tirmidhi # 1706 ( 1712), Nasai # 4196, Ibn Majah # 2861, Musnad Ahmad 6-402.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
636
obeyed howsoever he is personally of a low rank.
(٣٦٦٣) وَعَنْ أَنَسٍ أَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ اسْمَعُوْ وَاَطِيعُوا وَإِنِ اسْتُعْمِلَ عَلَّيْكُمُ
1
عَبْدْ حَبْشٌِ كَّ رَأْسَهُ زَبِيْبَةٌ-(رواه البخارى)
3663. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Listen (to the command) and obey (what your ruler enjoins and forbids) even if an
Ethiopian slave with a (small) head like a raisin is made your ruler."1
RULER MUST NOT BE OBEYED IF HE COMMANDS DISOBEDIENCE TO ALLAH
(٣٦٦٤) وَعَنِ ابْنِ حُمَرَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ السَّمْعُ وَالطَّاعَةُ عَلَى الْمَرْءِ الْمُسْلِمِ فِيْمَا
أَحَبَّ وَكَّرِهَ مَا لَمْ يُؤْمَرْ بِمَعْصِيَّةٍ فَإِذَا أُمِرَ بِمَعْصِيَّةٍ فَلَاسَمْعَ وَلَّا طَاعَةً - (متفق عليه)-
3664. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"To hear and to obey (his commands) are incumbent on a Muslim in what he likes
and what he dislikes, as long as he is not commanded to commit sin. So, when a
command is given (by the ruler) to do something sinful then he must neither hear
nor obey."2
COMMENTARY: It is binding on every Muslim to need and obey what the ruler says
whether it is to his liking or not, provided the ruler's command does not contravene the
limits of Shariah. When he gives such a wrong command, it must not be obeyed but, even in
this case it is not allowed to rebel against him.
(٣٦٦٥) وَعَنْ عَلِيٍّ قَالَ قَالَ رَسُوْلٍ لِلّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا طَاعَةً فِي مَعْصِيَّةٍ إِنَّمَا الطَّاعَةُ فِ الْمَعْرُؤُفِ.
(متفق عليه)
3665. Sayyiduna Ali رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "There
is no obedience (to a command from the ruler, parents, teachers, religious mentors,
etc.) If it calls to disobedience (or sin). Obedience is binding only in what is pious
and reputable."3
PROMISE TO OBEY
(٣٦٦٦) وَعَنْ عُبَادَةَ بْنِ الشَّامِتِ قَالَ بَا يَعْنَا رَسُولَ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَلَى السَّمْعِ وَالطَّاعَةِ فِي الْعُسْرِ
وَالْيُسْرِ وَالْمَنْشَطِ وَالْمَّكْرَهِ وَعَلَى أَثَرَةٍ عَلَيْنَا وَعَلَى أَنْ لَاتُنَازِعَ الْأَهْرَ أَهْلَهُ وَعَلَى أَنْ تَقُوْلَ بِالْحُقِ آَيْتَمَا كُنَّا
لَا تَخَافُ فِيِ اللّهِ لَوْمَةً لَائٍِ وَفِي رِوَايَةٍ وَعَلَى أَنْ لَّانُنَازِءَ الْآَهْرَأَهْلَهُ إِلََّ آَنْ تَرَوْا كُفْرًّا بَوَاحًا عِنْدَ كُمْ
مِنَ اللُّهِفِيْهِ بُرُهَا»ٌ - (متفق عليه)
3666. Sayyiduna Ubadah ibn Samit us à +, said, "We aware allegiance to Allah's
1 Bukhari # 7142, Ibn Majah # 2860, Musnad Ahmad 3-114.
2 Bukhari # 7144, Muslim # 38-1839, Tirmidhi # 1713, Abu Dawud # 2626, Nasai 4206, Ibn Majah
2864, Musnad Ahmad 2-17.
3 Bukhari # 7257, Muslim # 39-184, Abu Dawud # 2625, Nasai # 4205, Musnad Ahmad 1-12.

637
Translation & Commentary of ·MISHKATUL MASAABIH
Vol.3
Messenger صلى الله عليه وسلم (promising to observe these things: )
1. To hear (his instruction and in all conditions) to obey (his commands) in
time of difficulty and time of ease, in happiness and in sorrow.
2. If others are preferred over us (we shall show patience)
3. not to dispute with authority about the commands
4. to speak the truth (and what is right) wherever we be (and in whatever situation)
5. and we shall not fear anyone who blames us whatever he says in our works
for Allah's sake (in religious affairs and in speaking truth)."
According to another version: "Not to dispute with authority about the commands"
(and the Prophet Lylea . said: ) "unless you have an evidence from Allah" (like a
verse of the Quran or a hadith and which is not subject to an alternate
interpretation in such cases, it is allowed to reproach the authority).1
COMMENTARY: According to a tradition, the Prophet صلى الله عليه وسلم had forewarned the
ansars that after him, other people would be given preference over them. He had
instructed them to show patience when that happened. Indeed, this did happen after the
righteous caliphs. When the amirs ruled they gave the slip to the ansars so they kept their
promise and tolerated the injustice without making any complaint.
As for the promise not to dispute with the authority about the command(s), it implies 'we
shall not crave for rule and government and whoever is made our amir, we shall not
depose him nor rebel against him.' However, the concluding words of the tradition say
explicitly that if the words and dees of the ruler smack of disbelief then it is allowed to
depose him and he may not be obeyed.
The question whether an imam and a qadi may be deposed if he is a sinner is as: imam
Shafii ant , holds that he must be deposed but Imam Abu Hanifah a >, says that he
cannot be deposed for that reason. Also, Imam Shafi antes, contends that he cannot be a
guardian of anyone but Imam Abu Hanifah als, says that he is eligible to be someone's
guardian and a sinning father may give off his minor daughter in marriage.
OBEDIENCE ACCORDING TO ABILITY
(٣٦٦٧) وَعَنِ ابْنِ عُمَرَ قَالَ كُنَّا إِذَا بَايَهُنَا رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَلَى السَّمْعِ وَالَّاعَةِ يَقُوُلُ لَنَا
فِيْمَا اسْتَطَعْتُمُ- (متفق عليه)
3667. Sayyiduna Ibn Umar us an», narrated that whenever they pledged allegiance
to Allah's Messenger صلى الله عليه وسلم to hear (his words of guidance carefully) and to
obey (his commands), he would say to them : In that which you are able."2
COMMENTARY: The Prophet صلى الله عليه وسلم gave concession to the Sahabah (Prophet's
Companions) ( ano) to hear and obey to the best of their ability. They must not lag
behind in that.
.
DO NOT SEPARATE FROM THE UMMAH EVEN A BIT
(٣٦٦٨) وَعَنِ ابْنِ عَبَّاسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّةٍ مَنْ رَأَى مِنْ آَمِيْرِهِ شَيْئًا يَكُرَهُهُ فَلْتُهُبِرُ
1 Bukhari # 7200, Muslim # 42-1709, Nasai # 4151, ibn majah # 2866, Muwatta Maalik # 5 (Jihad) ,
Musnad Ahmad 5-314.
2 Bukhari # 7202, Muslim # 90-1867, Nasai # 4187, Muwatta Maalik # (Bayah) Musnad Ahmad 2-139.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
638
فَإِنَّهُ لَّيْسَ أَحَدْ يُقَارِقُ الْجَمَاعَةَ شِبْرًا فَيَمُوْتُ إِلَّمَاتَ مِيْتَةً جَاهِلِيَّةً - (متفق عليه)
3668. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"If anyone finds in his amir something that he does not approve (from the point of
view of Shariah or naturally), then he must exercise patience. (He should not rebel
against the amir) for if anyone separates from the community a span's distance and
dies (without making a repentance) then he dies the death of the people of the
jahiliyah (ignorance period)."1
COMMENTARY: The people of the pre-Islamic era were unconcerned with religion. They
did not obey their amir or their imam. Rather, they openly absolved themselves of all
responsibility to their leaders. They had no concept of a community and togetherness.
This hadith teaches us that Islam calls for a unified ummah, togetherness of the Muslims, a
strong reliance on the leadership and obedience to the leaders and unity in affairs of the
community. These things are essential to religion and for its strength.
PARTISANSHIP HAS NO PLACE IN ISLAM
(٣٦٦٩) وَعَنْ آَبِيْ هُرَيْرَةً قَالَ سَمِعْتُ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ مَنْ خَرَجَ مِنَ الطَّاعَةِ وَفَارَقَ
الْجَمَاعَةَ فَمَاتَ مَاتَ مِيْتَةً جَاهِلِيَّةً وَمَنْ قَاتَلَ تَحْتَ رَأْيَةٍ عَمِيَّةٍ يَغْفَبُ لِعَصَبِيَّةٍ أَوْيَدُعُو لِعَصَّبِيَّةٍ أَوْيَنْصُرُ
عَصَبِيَّةً فَقْتِلَ فَقِتْلَةٌ جَاهِلِيَّةٌ وَمَن خَرَبَ عَلَى أُمَّتِى بِسَيْفِه يَضْرِبُ بَرَّهَاوَفَاجِرَهَا وَلَّا يَتَحَاشِى مِنْ مُؤْمِنْهَا وَلَا
تَفِى لِذِىُّ عَهْدٍ عَهْدَهُ فَلَيْسَ مِنِّى وَلَسْتُ مِنْه- (رواه مسلم)
3669. Sayyiduna Abu Hurayrah ca+, narrated that he heard Allah's Messenger
tle à say, "If anyone gives up obedience (to the ruler) and separates from the
community (of Islam) and dies (in that condition) then he dies the death of the
people of the jahiliyah (ignorance period). If anyone fights under a banner whose
cause is not clear whether right or wrong and he is in a rage in favour of
partisanship, or gathers people to factionalism, or promotes the cause of
partisanship, and is killed (in the process not concerned with propagation of
religion) then he dies the death of the people of the jahiliyah (ignorance period). If
anyone comes out against my people with a raised sword killing the pious and the
evil not aparing those who are believers (giving no thought to how grave it is to kill
them) and (not sparing) those who observe covenants that have been agreed upon
'(not respecting these covenants), then he does not belong to my ummah (and is not
among those who pursue my path) and I have no concern with him."2
THE BEST & THE WORST RULERS
(٣٦٧٠) وَعَنْ عَوْفٍ بُنِ مَالِكٍ الْأَشْجَعِيِّ عَنْ رَسُولِ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ خِيَارُ اَلِمَّتِكُمُ الَّذِيْنَ
تُحُّوَهُمْ وَيُحِبُّوْنَكُمْ وَتُصَلُّونَ عَلَيْهِمْ وَيُصَلُّونَ عَلَيْكُمُ وَشِرَارُ اَلِقَّتِّكُمُ الَّذِيْنَ تُبْغِضُونَهُمْ
وَيُبْغِضُونَكُمُ وَتَلْعَنُونَهُهُ وَ يَلْعَنُونَكُمُ قَالَ قُلْنَا يَارَسُوْلَ اللَّهِ أَقَلَّانَّا بِذُهُمُ عِنْدَ ذَلِكَ قَالَ لَّ مَا أَقَّامُوْا
1 Bukhari # 7134, Muslim # 55-1819, Darimi # 2519, Musnad Ahmad 2-275.
2 Muslim # 53-1848, Nasai # 4114, Ibn Majah # 3948, Musnad Ahmad 2-306, Nasai Kubra # 3579.

639
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
فِيْكُمُ الصَّلاَةَّلَا مَا أَقَامُوْا فِيُكُمُ السَّلاَةَ إِلَّا مَنْ وُلِّيَّ عَلَيْهِ وَالٍ فَرَآهُ يَاتِ شَيْئًا مِنْ مَعْصِيَةِ اللهِ فَلُكُرَهُ مَا يَاتِي
مِنْ مَعْصِيَّةِ اللَّهِ وَلَا يَنْزِ عَنَّ يَدًّا مِنْ طَاعَةٍ - (رواه مسلم)
3670. Sayyiduna Awf ibn Maalik Ashjai que an +, narrated, "The best of your rulers
are they whom you love and they love you. You pray for them and they pray for
you. (This creates a mutual nearness and kind relationship.) And, the worst of your
rulers are they whom you despise and they despise you. You invoke curse on them
and they curse you."
رضى (said that they (meaning, the sahabah (Prophet's Companions (رضى الله عنه He (Awf
4cầu ) asked him, : O Messenger of Allah , in that case, shall we revoke the promise
made to them? (Shall we depose them?)" He said, "No! Not as long as they establish
the salah (prayer) among you. No! Not as long as they establish the salah (prayer)
among you. Beware! If one has a ruler over him and he observes him come up with
an act of disobedience to Allah, then he must detest the act of disobedience to
Allah, but must not take away his hand from obedience to him."1
COMMENTARY: The hadith makes us understand that if the head of state which is
Islamic does not offer salah (prayer) then it makes it binding to revoke the promise and
covenant of faithfulness and obedience to him. If he perpetrates a clear act of disbelief then
the Muslims may revoke their promise of fidelity to him and depose him. So, If he gives up
offering salah (prayer), he deserves the same treatment and may be deposed, because salah
(prayer) is a pillar of religion and it distinguishes Islam from disbelief.
In contrast, other sins are not as grave as neglect and abandoning of salah (prayer), so if a
ruler perpetrates them then it does not call for revoking the promise to obey him.
This saying of the Prophet Lylean Lo sounds a serious warning against abandoning salah (prayer).
RESPONSIBILITY OF MUSLIMS TO EXPRESS DISAPPROVAL OF RULER'S
WAYWARDNESS
(٣٦٧١) وَعَنْ أُمِّ سَلَمَةً قَالَتْ قَالَ تَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَكُونُ عَلَيْكُمْ أُمَرَاءُ تَعْرِفُونَ
وَتُنْكِرُوْنَ فَمَنْ أَنْكِّرَ فَقَدْ بَرِئٍّ وَمَنْ كَرِهَ فَقَدْ سَلِمَ وَلَكِنْ مَنْ رَضِىَ وَتَّابَةٌ قَالُوا آَفَلَا نُقَاتِلُهُمْ قَالَ لَّا
مَاصَلَّوا لا ما صَلُّؤْاآَیْ مَنْ گرِە پِقَلْپ» وَانگّرَ بِقَلُپه-(رواهمسلم)
صلى الله عليه وسلم narrated thah Allah's Messenger رضى الله عنها Sayyidah Umm Salamah .3671
said, "You will have over you rulers whom you like and whom you dislike. He who
speaks out what he disapproves (openly declaring what he does not accept) will be
absolved (of hypocrisy and abetment). He who hates (in his heart but does not
muster courage to declare openly) will be safe (from reckoning about it). But, he
who is pleased (at heart and abides by the rulers in committing wrong) and follows
them (will share the sin and punishment) ... They said, "Shall we not fight with
them?" He said, "No! Not as long as they offer salah (prayer). No! Not as long as
they offer salah (prayer)," meaning , he who considers it bad in his heart and rejects
it in his heart.2
1 Muslim # 66-1855, Darimi # 2797, M .snad Ahmad 6-24.
2 Muslim # 63-1854, Tirmidhi # 2265 (2.72), Abu Dawud # 4760.