Justice: Nonalcoholic Intoxicants

This is another article in the chapter Justice from the classical manual on Sharia called Reliance of the Traveller. The articles are posted one by one in the order they are given in the book.


016.7 (Muhammad Shirbini Khatib:) The term beverage (dis: 016.1) excludes plants, such as hashish, which hashish users eat. The two sheikhs (A: Rafi’i and Nawawi) report in their section on foods the position of Ruyani that eating it is unlawful, though no legal penalty is fixed for it (Mughni al-muhtaj ila ma’rifa ma’ani alfaz alMinhaj (y73), 4.187).

(al-Mawsu’a al-fiqhiyya:) Just as any beverage that intoxicates when taken in large quantities is also unlawful in small quantities, so too it is absolutely unlawful to use any solid substance detrimental to mind or body which produces languor or has a narcotic effect, this prohibition applying to the amount that is deleterious of it, not to the minute, beneficial amounts prescribed to treat illnesses, for such substances are not unlawful in themselves, but unlawful because they are deleterious (Mawdu’ al-ashriba. Tab’a tamhidiyya Ii mawdu’at al-Mawsu’a al-fiqhiyya, no. 1 (y134), 49).


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