(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut Tahrir, to the Questions of the Visitors to his Facebook Page)
To: Fahmi Barkous
Question:
"The origin of things is permissibility unless there is evidence for prohibition." Money is a thing, and no prohibition has been mentioned regarding it, so it remains on its origin, which is permissibility. For example, (so-and-so stole money); the ruling regarding the act of (stealing) is prohibition (haram), and the actor (so-and-so) is sinful and subject to punishment. As for the money itself, it remains on its origin of permissibility and must be returned to its owner. This is the ruling on the stolen thing regardless of whether it is movable or immovable property. Thus, money remains generally permissible regardless of the act related to it unless evidence for specification is provided. Whoever takes it as a gift, a present, or maintenance, there is no blame on them—"The prohibition does not attach to two different liabilities," and Allah knows best... "Khamr was prohibited for its very essence," and the essence of Khamr is its origin; meaning Khamr was prohibited because it is Khamr. This means its prohibition is in its essence and the rulings related to Khamr (its seller, drinker...). But how does the prohibition relate to movable and immovable property used for Khamr and its sale? Is Khamr and its prohibition the legal reason (illah) for the prohibition of the money? If so, by analogy (qiyas), it would not be permissible to use a glass or similar items after they were used for Khamr, or the truck that carried the Khamr, because they share the same legal reason (illah)! Please clarify and enlighten us, and may Allah bless you.
Answer:
Yes, the origin of things is permissibility unless there is evidence for prohibition... As for your question about the legal reason (illah) of Khamr and its prohibition, and regarding the truck that transports it and the glass in which the Khamr was placed, the matter is as follows:
The Messenger of Allah (saw) said, as reported by Abu Dawood from Jabir bin Abdullah:
مَا أَسْكَرَ كَثِيرُهُ، فَقَلِيلُهُ حَرَامٌ
"Whatever intoxicates in large amounts, a small amount of it is forbidden." (Abu Dawood)
It is clear from the Hadith that there is no legal reason (illah). Intoxication is not an illah because if a person drinks a small amount of Khamr and does not become intoxicated, the prohibition still applies and they are subject to punishment. The Hadith prohibits the small amount if the large amount of it intoxicates; thus, drinking a small amount of it is haram.
Furthermore, no legal reason (illah) was mentioned regarding the ten categories. Al-Hakim reported in his Mustadrak on the authority of Abdullah bin Abdullah bin Umar, from his father, that the Messenger of Allah (saw) said:
لَعَنَ اللَّهُ الْخَمْرَ، وَلَعَنَ سَاقِيهَا، وَشَارِبَهَا، وَعَاصِرَهَا، وَمُعْتَصِرَهَا، وَحَامِلَهَا، وَالْمَحْمُولَةَ إِلَيْهِ، وَبَايِعِهَا وَمُبْتَاعَهَا، وَآكِلَ ثَمَنِهَا
"Allah has cursed Khamr, and cursed its server, its drinker, its presser, the one for whom it is pressed, its carrier, the one to whom it is carried, its seller, its buyer, and the one who consumes its price." (Al-Hakim)
It is clear that there is no mention of a legal reason (ta'lil) in the Hadith; therefore, other things cannot be analogized (qiyas) to it.
Accordingly, every intoxicating drink is Khamr; a small amount and a large amount are equal in prohibition. The ten categories are prohibited regarding it without a legal reason (illah). However, this ruling applies to the accountable person (mukallaf). Thus, it applies to the truck driver, but it does not apply to the truck in which it is transported or the glass in which the Khamr was placed. The ruling related to Khamr is not the ruling related to the truck or the glass... At-Tabarani reported in Al-Kabir from Abu Tha’laba al-Khushani, who said: I came to the Messenger of Allah (saw) and said: O Messenger of Allah... I am in the land of the People of the Book, and they eat pork in their vessels and drink wine (khamr) in them, should I eat and drink in them...? Then the Prophet (saw) said:
وَإِنْ وَجَدْتَ عَنْ آنِيَةِ الْكُفَّارِ غِنًى فَلَا تَأْكُلْ فِيهَا، وَإِنْ لَم تَجِدْ غِنًى فَارْحَضْهَا بِالْمَاءِ رَحْضًا شَدِيدًا ثُمَّ كُلْ فِيهَا
"And if you find an alternative to the vessels of the disbelievers, do not eat from them. If you do not find an alternative, then wash them thoroughly with water and eat from them." (At-Tabarani)
Meaning: if you need them and cannot find others, then wash them very well.
Your brother, Ata Bin Khalil Abu al-Rashtah
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