Ramadan 2023 AppealDonate via PayPal More Options
FQP17 Fiqh of Penalties – Hadd for Drinking Khamr and Theft
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Penalties
File Size: 37.78MB
Episode Transcript ©
Transcripts are auto-generated and thus will be be inaccurate and at times crude. We are considering building a system to allow volunteers to edit transcripts in a controlled system. No part of this transcript may be copied or referenced or transmitted in any way whatsoever.
Chapter on the heart or penalty for drinking from the mountain Paloma Rahim Allah said in his book Rhonda, our woman Sherry, vamos Kiran Palau, Casa Mata and Alamin and I can see Ramu skirt dirty the harder Urbina Jaga Liana Allianz a little worried of naukova for hammary arbaeen wacol Jonathan abuso Salam arbaeen Abu Bakr arbaeen wa Hammerson and in Kowloon, Santa Habu, la casa en cannabinol, Sierra Anna, how viry
whoever willingly drink someone scared, whether a small or large amount, why knowing about a large amount of it causes soccer, or in toxic keishon as we translated it, and we'll talk about it is flagged 40 times this is because Alejandro flagged that what he didn't talk about 40 times for drinking from and he said, the prophet flagged the 40 times abubakr flagged the 40 times and Amr flagged 80 times all our sooner and I prefer this
The same applies whether is it is the juice of grapes or anything else.
here we have inhabit maschere
or had sort of a hammer or the penalty for drinking from
the position that is mentioned here by the amount of Kodama, which is
whoever drinks, whether it is little in amount, or Lars mortara willingly, highly men and like a theater who you're scared. Now when give that a large amount of it causes
You have an understanding that these colors were so precise that every word every letter means something. So you'll have to always reflect and be very wary of
that isn't in your
investigation of each and every word here. So whatever bring drinks in Moscow.
What is Moscow?
That's what is
so good. It's translated as intoxication.
Okay, so cocaine causes intoxication.
Marijuana causes and toxic or
So cannabis cause intoxication, heroin cause intoxication cocaine cause intoxication.
Is that also?
Yes or no? depends on who you ask. So intoxication is simply understood to be one camera one camera
amarela one who said camera is what confounds the intellect.
Camera is what confounds camarilla confounds the intellect. That's why it's called karma.
So, based on that understanding that anything that would confound the intellect is come.
You will have people like never we, every time you had a blogger, who would consider intoxicants, even if they are not alcoholic beverages.
It confounds the mind. So all the above would be humped.
All the intoxicants that we talked about will be Crump.
He will have other people like and her father Maliki and Karachi and as soon as the Korean Ansari Shafi
who would say you know, that these things can found in the intellect,
but they're not common.
And the position of the latter group, although the earlier group sounds a little bit more like, you know, they're in their stature.
Also, like the karate is of great stature pub, and she was okay, I'm sorry, of course, people of great stature, but at least the first group are more popular and famous and
sort of have created following.
But the second group are right I believe because
During the time of the Prophet Solomon was a part of that particular.
Because here are we doing kalai Diaz in Lola, certainly with some linguistic analogy, that's what the medium era now we are doing,
that they are doing away with the technical chaos. And using linguist appears only so that they don't even have to deal with the technical chaos. The fact appears
to give the same ruling of grammar to
most of the people will say I need to make bs here, right? Okay. So there's no you don't need to my peers.
Because cocaine is harmful.
In the sense of what one camera, my camera on my cell camera is what confounds the mind? Therefore, anything that confounds the mind? Well think of the label.
This is called PS love, are we not happy? This is called the basically just
giving, you know, like once you say that, that this label applies that you don't need to make the us anymore. The people who say no, let's know, we would work to make prs, which I believe to be the more accurate position. Less now not just rush and call this come camera during the time of the Prophet sallallahu Sallam even though the statement or Omar would say that would mean that but that what he meant?
Because if you if you look at the entire statement of Omar,
he said NASA harryman camera to snom enhance the preparation of cameras revealed when camera was made of five things.
A camera was a V 100 was well acid.
That is that dates raisins, barley, wheat, and honey.
Welcome Rama hammerlock and farmers anything that confounds the mind. But he's saying that
the context here is alcoholic beverages that are made of the substances. So almost a statement is saying that karma applies to all the above any alcoholic beverage made of this meal of that needed apples nowadays, champagne, whatever, all this
and to that extent, we agree.
But basically to say that anything that confounds the mind, even if it's not an alcoholic beverage, then we'll have to ask ourselves the question
are the effects of these intoxicants all the same? We know that the effects of all alcoholic beverages are alike, regardless of their origin. It's alcohol that causes this.
But there's cocaine producing same effects. Heroin, marijuana No, absolutely not. No, no, no, not. And if you're another physician, don't, don't disagree, because you will embarrass yourself.
And particularly a physician that deals with this, you know, if you if you're a dermatologist, you probably should not be talking either about
More or less is not the issue.
We're talking about the same nature of harm. The idea here is, are we saying this like this? Or are we saying that this produces the national anthem?
Does marijuana produce the ecstasy or taarab? or natural Well, the excitation do all drugs? Cause the same sequence that we see with consumption of alcohol? No.
Therefore, is that consequential? Yes. How consequential
to me, at least consequential
we have to establish first, establish first, that consensus that anything that would confound the intellect that can deprive you as a human being of your intellect is by consensus haraam.
And I would add to this Kabira enormity,
there is no disagreement about this.
Having established that,
should marijuana take the same rulings of wine ink or hammer including
The hat no
should end if we give the same rulings of camera to all these substances, all these hospitals that are using morphine
like, everybody should quit, you know, oxycodone, Oxycontin, morphine.
And in fact, a lot of things that would basically cause some degree of
Some of the anesthetics that don't completely get you knock you out and cause you to be
you know, unconscious, whether that would apply to them as well. So,
these intoxicants and I use the intoxication to translate circular because it is the best word to use not because it is the perfect word to use, because it is not soak is suck. So, Korea is a condition that develops after the consumption of alcohol.
Now, you have to understand what is that condition? You have to know what is that condition that develops after the consumption of alcohol? And then if you want to make ups, you would say that anything that produces a condition like this would take the same ruling, but not just a simple inquest appears.
Because it would be too
unserviceable sort of like too crude appears. So you need to make surgical PS here talking about the hat. If if the prophet SAW the southern southern drawl dude, honestly must not autumn if the faculty principal is a brown Bishop who had a very to the hadoo by ambiguities. That is enough ambiguity here to say that the rulings do not apply to all intoxicants. So we will separate between them, we will say all intoxicants, regardless of the condition the day cause, or haram, and enormities. Because the thing about Allah honored you with which is your app, to basically willingly give up, some of it
is certainly harder.
We're not talking about
we're not talking about sort of treatment of pain. We're not talking about anesthesia, we're not talking about conscious sedation, we're not talking about all of that stuff. But to do this, for leisure, is certainly harder.
But, but things are not all the same. So maschere here is particular The is the particular effect that results from consumption of alcoholic beverages.
That's not an agreement. That's not a matter of consensus. people disagree that it won't be the disagreement but I told you my position as well.
So I'm in favor mascara can now cast or whether a small or large amount, a small or large amount.
Why is he saying this?
Because according to the HANA fees,
and not all the Hanafi is but particularly Abu hanifa and Abu Cerf
if it is not made out of
it is not common, therefore a small amount of it is not haram
and that's their position FA if you're surprised I'm not basically
disclosing anything that's a secret anymore. Everybody knows that nowadays.
However, however, that's not the position of Muhammad in the house and he agreed with a majority and that is not the fatwah and the HANA females have nowadays. So the position of Abu hanifa and Abu Yusuf is not that the sort of demo timeout for fatwah authorized for fatwah Indiana females have nowadays the authorized for footwear in the hands of in MS have nowadays is the position of Muhammad Hassan.
Why did they say this and that is why you will find that Nakayama when they stress something they are basically trying to say there is a disagreement, but we want to stress this that's why I'm calling
Danna said was around, can I'm in a hospital and
the same applies whether it is the juice of crepes or anything else. The Hanafi said that come is by definition the juice of grapes. When is
when it becomes
intoxicated intoxicant, where you know, like,
Nasha I wish that it is the same word fermented.
So it is grape juice.
They it's what be called harm in an amount that produces intoxication.
The rest of these things
are Haram. Only if they are consumed in an amount that results in intoxication.
That is why you find scholars nowadays, you know
that's why you find the professor's fapping nowadays in different universities different sort of that they bring up that hanafy position to say that a little bit of beer is okay, a little bit of champagne is okay and all of that stuff.
But that is not the position. That is not the authorized position for fatwah in the Hanafi madhhab which is the position of Mohammed Hassan.
What is the position of Muhammad Hassan that is an agreement with the position of the mole that is based on the Prophet sallallahu Sallam say in Coloma skerin hum. Alcala muskellunge Hara every intoxicant has come, and every intoxicant is harder. But it's based on the profit statement and as karaca zero who are mascara middle for the
minimum female, female, whatever intoxicates in large amounts, then any amount of it is haraam.
And certainly, you know, the there are multiple proofs. Now, now, also in defense of Mr. hanifa, he has answers and they are inferior in our assessment to the position of the Domore or to the evidence of the demore. But remember, hanifa is in our hanifa an email we will serve as email we also and it was not only them, but it was the coffee and also so it is the coffee and in general, not just in our honey funnyman abusive.
They have answers, they have also reports from the prophet SAW Salem, where he said, a cameraman half an inch at a time
karma when nakoula so hum is whatever comes from these two trees, the grape, the grapes, and dates.
But the, the sort of the
But today, they the the amount of evidence that we have. So the textual proofs that we have that I just mentioned.
And the rational proof, which says that, you know, at the end of the day, these are alcoholic beverages, and at the end of the day, because the same effect, and the fact that they come from this or that should not be consequential.
So the position of the majority is to me, to me, clearly superior, decisively superior. But that's why I remember perdana mentions these things. He says, tell the customer whether it's small or large in amount, and he goes back and says, What's our own carminati delapan above it. The same applies whether it is the juice of grapes or anything else, to point out the presence of this agreement, however, that this agreement was rarely a practical disagreement. You don't find canopies throughout the ages, drinking BB or champagne or anything, because they have moved on. They have authorized the position of Muhammad Hassan the fatwas are based on the position of Muhammad Hassan. So this is
almost the historical this agreement
that should not be revived.
but some students are not it should be aware of it.
should be aware of its roots and should be aware of the discourse, it should be honest about it and all of this. Because this honesty is shooting yourself in the foot, it will always be like this. Because whenever your dishonesty is discovered
your credibility will plummet. And when your credibility plummets in the eyes of the masses in the eyes of the youth,
that's the end of it.
So it is always preferred. To
the This is not the time where you can hide knowledge anymore. This is the time of social media and time of the internet.
Information Age, everything is available. That's not basically the atmosphere where
hiding knowledge won't work anymore.
So the SEC says a year whatever winningly drinks a mosquito, because if he was forced to drink it, then he's not punishable.
Forced to drink it is two things first by death, you must drink company wise forced by threatening like, you know, beating or something like this.
It is preferred for you to not to drink humbly wise, but whether you are but if you are forced, there will be no hard for sure. But there are different types of forcing forced by that's and it's like a legitimate threat, then you must think
I'm sorry, who's gonna call okay sir, okay, whether a small or large amount and we went over this,
you know, maskirovka theodorou, for corriendo haraam. Whatever is intoxicant in large amounts than any amount of it is forbidden.
Why unknowingly that a large amount of it causes suck, while knowing that a large amount of it causes suck.
Because if you don't know that a large amount of it causes suck.
There is no hard
and in fact, this is a way you know,
I told you before when we have the discussion on Hadoop that they gave away out for everybody
from the Hadoop almost you know, all the time, there is a way out for everybody from HUD. And we will discuss this also when we go over how to set up the way out for this person is to say I didn't know this would cause intoxication and large amount
that's the way out
what a man who sold them that's what they say and then in the books of the matter, if he claims that he did not know he should be believed to be accepted
from him and I will tell you the ultimate way out the honeyberries particularly
so I even Anakin sera who you're scared knowing that a large amount of it causes so if he says I did not know we should believe
the NRA Angela awkward because like the way he did knock man he flogged the 40 times and then have a backlash like that at times.
And that may sound like a little bit surprising to you like why would the profits Arsalan as reported the profit flagged 40 times also, we talked about how when the profit flagged 40 times it was not necessarily always plugging, but it was beating people use their hands and use their garments and use.
So that is why when we talked about hadoo they told you that the four that are beyond any discussion are what?
Sorry, can't Harada the two that are mentioned in Surah neither zerah and cause the two that are mentioned in Surah. To know
and this one had the most scared is by the agreement of the four scholars it's almost there like before, but it is not completely there. That's why Allah you would say fight inflect to the punishment of hard on anyone and they die I would have no hard feelings or I would have no regrets. Except
this the hard offset overcome the hard
Drinking come, because the promises are variable, and then manage data via the human not that have been out of you, in the dark this LED.
And it was also 40, during the time of the Prophet sallallahu sallam, and then it was said that Amara Golan said to the Sahaba
Umbra, you know, like, How many times should we flag him. And I
said to him, at our panel huddle so many, I see that the least of the hadoo, this ad that had the accusation of fornication, so the flock of them at times,
who's also said that Allah Allah and who,
and that is why it was also said, the body or the among who said,
in our insanity, but has our hand has Aptera around
Terry, if he drinks, he will
to be coherent. And if he becomes incoherent, he may accuse people of fornication. So I believe that you should beat him at times. Allah Himself said, I like to beat 40 times. And that is why you find this.
And that is why
going back to the point of like, what do you say your Walmart said, we applied the stoning. You'll find the people that are provocative, just last, for instance, saying that the Sunnah of the prophet SAW Selim to feed will ahead, men. Hi. So honestly,
we're in the AMA has shown
that the sooner the professor Southern
indicates definitive nets certainty, men high schools in high school, I'll ask
if you're hearing from the process of selling themselves,
but the problem is the transmission, let's just ask.
So when it comes to this,
the dollar you want 40 or 80?
But then he Ollie said 40.
And he himself applied for it. And he said that all our sooner.
And that also needs some reinterpretation. What do you mean, all
of this is a fixed habit by the prophet salaallah zetland. We have a little mosquito here. And we just need to be honest, to say, Well, I, it seems that
it's a little problematic here is that the Prophet fix this at 40
going up to 80 does not seem to be an acceptable center.
Therefore, we have to say that this was not fixed by the prophet services.
And therefore, we will have to say
and therefore, some people
went to saying that this is a theory
you may say that we will consider the habit to be 40
and the difference to be
that as a punishment.
So yeah, so according to the early Han berries, it was 14
and then the lighter hand berries, choose 80
because the lighter berries,
felt, you know the Rappahannock berries, basically what site armors
accept acceptance of other man's
And Allah is reasoning and going up to 80 so the authorized position in the method is 80, not 40. Whatever Kodama mentions here is not the authorized position in the mouth. It isn't a shaft
and a position in the Hanbury muscle. The authorized position in the Hanbury mouth hub is the Hanafi and Malik he must have which is 80, which is almost
How have the rat man's and also Ollie is crashing out in now is sad to have
if he drinks he will become incoherent and if he becomes incoherent he may
do class and if and I would think that you should beat him like the one who makes
the Safa is then the shafia is then because the shaft is, you know immersify in his Kadeem used to go by fat was the hobby, but in his JD PhD, he walked away from fat wasabi as a source, and then he would always try to go back to find something traceable to the profits also. So a staffer in the authorized position in the heat, they say 40 because nothing is what they can trace all the way up to the profits of Alaska
Woman at Amina Muhammad Madhavi okay.
I'm an ad hominem Mohamed malahat. Duffy lamb Yes, it Allah. Orlan use it piano music theory of property or let me assist with hacking. Allah Azza wa. JAL dat
Lima Kala Kala
Takahashi tell dat
or jela Dotty could be heartbreaking second was a laugh, he had Denman hadoo de la Ella and yada yada yada, but it isn't enough for me.
So when one commits an act that is forbidden, but not punishable by I didn't miss anything on sock on because this is moving now to the ASEAN we're done okay. So, when one commits an act that is forbidden but not punishable by a heart the punishment is not more than 10 lashes because I brought up the reported that the Messenger of Allah sallallahu Sallam said no one should be flagged with more than 10 lashes except and a half the prescribed by a log.
The only exception is when a man has intercourse with his wife's slave with his wife's permission, he will be flagged 100 times. So allow you to that I had FOCA had, you know,
had faded hadn't procrastinated, that or no one should be beaten more than 10 times or flagged the more than 10 times in other than a hat in other than a had this hobbies LED, there is so much
discussion about this hobbies, because it seems that there is mahasiswa or the hobbies has not been always acted upon.
many other scholars say that, that is you know, an emetic, for instance, prescribed lugging 400 times for someone who had
some intimacy with a child.
And it was not even all the way intimacy it was just basically, nothing, it was not intercourse.
But the mathematic prescribed for them 400 flight to be flagged for 100 times.
Every time he seems to support the mathematic completely wholeheartedly, in basically does he or in his flexibility in tazi.
There are others like Abu Yusuf and others who
you know, are flexible with palsy. And it seems that most of the scholars who were called these, they found the need to be flexible for tazzy and therefore, their fatawa are impacted by their practice of
the prophets of Allah. As you know, himself, it was reported to have prescribed 100 lashes for someone who sleeps with a slave girl of his wife with his wife's permission.
So the slave girl does not point to him, it's on she's on to his wife, and if his wife gave him permission, that will get him basically demoted from stoning to 100 lashes or get the punishment down, raise it from stoning to 100 lashes. You
But again the 100 lashes is the same punishment for the non my son.
He is my son, but since because of that ambiguity, it was downgraded to punishment.
they ascribe 99 certain cases they like Amara, the long run will also prescribe 20 lashes for someone who breaks the fast and Ramadan by drinking wine. So someone drank wine and Ramadan, camara delavan, who liked him for drinking wine, and added 20 lashes for violating the sacredness of Ramadan.
So it seems that when it comes to Tazio, it's Taseer is a is a huge discussion. But this is basically where emmonak Medina mentioned stasiuk in this sort of short manual effect, but we have other issues that pertain to the Azir. Is jail time, acceptable Tansy and yes, according to the majority, acceptable nausea, quota zerby, quota Zerbe inflicted on people that committed had the but were somehow forgiven or
So Todd, how are you better so
But the majority, not the majority controversial? But what I believe to be the stronger position is that pozzi could be prescribed in these cases, as well.
Could there be a zero by financial
amount or penalties?
controversial? The majority of the scholars said no, have anything mayor said yes. And he mentioned that the prophets of Salaam is the first to apply this. If you steal fruits off the trees, that have not been taken to their
the Prophet sallallahu Sallam said that you will be paying double the value of the fruits, which is a financial penalty.
There are other things on acid
there is a financial penalty doubling the value of the mcla fat of the things that are ruined by an asset or others as well
is a financial penalty. Therefore, the hazir is a genre of punishments that are should be kept flexible for the judiciary's, and the legislature's to work with this lab had these
has to be reinterpreted was always be interpreted, we saw how the Sahaba how the Amazon law him applied as is that we're not limited to 10 lashes. But also
we can say that when the punishment is not of the same client of the have the punishment,
it is a different story. It's not like a lower degree of a had the punishment, it's a different type, it's an app, the crime is not a lower degree of a happy cry, it's completely different story. And when we say that jail time, financial penalties are acceptable, then we will have basically a lot of flexibility applying kuzia to different punishments. And this is
to us, we are masters and the you know the chosen position in the Hungarian method.
What has this is basically
this is basically what is prudent, what is wise and what is needed for the Sultan
to impose the hybrid of the devil
or the sort of
All, you know the
respect for the state.
That brings us to the end of this chapter, which is had an maschere.
We'll go over how the sidecar in the next
session. Let's take five. Let's take three minute break here and come back