The Ruling on Cultivating and Selling Qat
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Fatwa Number ( 2159 )
Q: The content is: that the cultivation of qat has spread widely in Yemen, and they request clarification of the ruling on its cultivation, sale, and purchase.
A:Qat is forbidden; it is not permissible for a Muslim to consume it, sell it, buy it, or engage in any other of the lawful transactions involving permissible wealth. A fatwa regarding its prohibition was issued by His Eminence ShaykhMuhammad ibn Ibrahim(may Allah have mercy on him) concerning its prohibition. This is its text: The treatise of ShaykhMuhammad ibn Ibrahim(may Allah have mercy on him) on the prohibition of qat: Praise be to Allah; we praise Him, seek His help, seek His forgiveness, and turn to Him in repentance. We seek refuge in Allah from the evil of our own souls and the badness of our deeds. Whomsoever Allah guides, none can mislead, and whomsoever He leaves to mislead, none can guide. And I bear witness that there is no deity but Allah alone, with no partner, and I bear witness that Muhammad is His slave and His Messenger. May Allah send abundant blessings and peace upon him, his family, and his Companions. As for what follows: A question has reached us regarding the permissibility or prohibition of eating qat, and it is
The tree that is planted in the land of Yemen and eaten in the manner known among them, and its benefits and harms; considering the confusion the questioner sees in people's statements regarding it. Since this issue is a recent occurrence, and ruling on it depends on knowing the properties of this tree and its benefits and harms, and which of the two predominates, so that it is ruled upon accordingly, and since we do not know its reality because it is not available to us; we have followed up on what we could find of the scholars' words regarding it. After further research, inquiry, and asking those whose words are considered among the trustworthy, it appeared to us that the required ruling is the prohibition of engaging in its cultivation, its introduction, and its use; because of the harms and damages it contains for minds, religions, and bodies, and because of the waste of wealth it entails, and the people's being ensnared by it, and because it contains turning away from the remembrance of Allah and from prayer. It is evil, and a means to several evils, and means have the rulings of their ends. Its harm, its causing of lethargy, and its numbing effect have been established, indeed even its intoxicating effect, and no attention is paid to the statement of one who denies that, for the one who affirms takes precedence over the one who denies. By analogy to the forbidden hashish, due to their convergence in many attributes, and there is no distinction between them according to the people of verification. The evidence for what we have said is from the Book of Allah, the Sunnah of His Messenger (peace and blessings be upon him), and the words
of the scholars as follows: Allah the Exalted said:[An-Nahl 16:89], and in the hadith: The texts of the Book and the Sunnah are sufficient to clarify what people need in their religious and worldly affairs. And among the wisdom and mercy of Allah is that He made lawful for us the good things and everything whose benefit is pure or predominant, and He made forbidden for us the bad things and everything whose harm is pure or predominant. Allah the Exalted said:[Al-Baqarah 2:219] So the Exalted made forbidden intoxicants and gambling despite the benefits they contain, and He said:[Al-Ma'idah 5:90-91] ،
And in the hadith narrated byImam Ahmadin his (Musnad),and Abu Dawudin his (Sunan) with a sound chain, fromUmm Salimah(may Allah be pleased with her), she said:Mishkat al-Masabih 3650 The scholars said: “Al-Mufattir” is anything that causes lethargy in the body and numbness in the limbs. And as for this qat, even if we assume that it has some benefit, the actual harms and corruptions it contains are far greater than its benefit, multiplied over and over. For this reason, a group of scholars who knew its properties firmly declared it forbidden, and each of them argued for its prohibition based on what appeared to them. Among those who forbade it, warned against it, and issued a ruling prohibiting it was the Shaykh Ahmad ibn Hajar al-Haytami, who analogized it to hashish and the betel nut, and counted its use among the major sins, as he mentioned in the seventy-second major sin in his book (Al-Zawa’ir ‘an Iqtiraf al-Kaba’ir) in the chapter on foods. Then he composed an independent treatise on it titled (Tahdhir al-Thiqat min Isti’mal al-Kaftah wa al-Qat) and said: “Three letters were sent to me in the Noble Mecca from scholars of Sana’a and Zabid: two declaring it forbidden, and one declaring it permissible.”Ahmad ibn Hajar al-Haytami,and he analogized it to hashish and the nutmeg, and counted its use among the major sins, as he mentioned in the one hundred and seventieth major sin in his book (Al-Zawa'ir 'an Iqtiraf al-Kaba'ir) in the chapter on foods. Then he composed an independent treatise on it, which he titled: (Warning the Trustworthy Ones from Using Kofta and Qat), and he said: Three letters were sent to me in the Noble Mecca from the scholars ofSana'aand Zabid: two declaring it forbidden, and one declaring it permissible.
And among what he mentioned in that treatise is his saying: And among those who said it is forbidden is the juristAbu Bakr ibn Ibrahim al-Muqri al-Harazi al-Shafi'iin his work on (The Prohibition of Qat), he said: I used to eat it in my youth, then I came to believe it was among the ambiguous matters, and the Messenger of Allah (peace and blessings be upon him) said:Bulugh al-Maram 16:32 Then I saw the harm it caused in my body and my religion, so I left eating it. The scholars (may Allah have mercy on them) have mentioned that qat is among the most well-known forbidden things. Among its harms: the one who eats it feels relaxed and delighted, his soul becomes pleased, and his sadness disappears. Then, for about two hours after eating it, he is overcome by accumulated worries, crowded sorrows, and bad character. In this state, if someone read to me, it was difficult for me to follow, and I saw following it as a mountain. I found great difficulty and boredom in it, and it took away the appetite for food and its pleasure, and it drove away sleep and its blessing. Among its harms to the body: something comes out of the eater after urination, like wadi, and it does not stop except after a while. I often performed wudu' and felt something of it, so I would repeat the wudu'. Sometimes I felt it during prayer, so I would break it off, or after the prayer, such that I was certain it had come out during it, so I would repeat the prayer. I asked many of those who eat it, and they mentioned that about it. This is a calamity in religion and a misfortune for the Muslims. And Abdullah ibn Yusuf al-Muqri told meAbdullah ibn Yusuf al-Muqri,
from the scholarYusuf ibn Yunus al-Muqri,that he used to say: Qat appeared in the time of jurists who did not dare to declare it forbidden or permissible, and if it had appeared in the time of the early jurists, they would have declared it forbidden. And an IraqiYemen,was called: the juristIbrahim,He would openly declare qat to be forbidden and rebuke those who consumed it. He stated that he only forbade it based on the conditions described regarding its users. He then ate it once and repeatedly to test it. He said: “He firmly declared it forbidden due to its harm and its intoxicating effect.” He used to say: “What comes out after urination because of it is semen.” Then I met him and said to him: “We hear that you forbid qat.” He said: “Yes.” I said: “What is the evidence?” He said: “Its harm and its intoxicating effect. Its harm is apparent. As for its intoxicating effect, is it euphoric?” I said: “Yes.” He said: “The Shafi'is and others, in their refutation of the Hanafis who permit what does not intoxicate from nabidh, said: Nabidh is forbidden by analogy to khamr (intoxicants) based on the common factor of strong euphoria.” I said to him: “It is reported that you said: What comes out of it is semen, but it does not contain any of the specific properties of semen.” He said: “It comes out before it becomes firm.” I have seen people who ate a lot of it and went mad. This is all a summary of al-Harazi's words. And this Iraqi man whom he referred to and from whom he transmitted the prohibition of qat
Some of the students of knowledge informed me that he came toMakkahal-Musharrafa (the Honored), and studied there extensively, and that he read to him and increased in praising and eulogizing him. The view of these people who declare qat to be forbidden agrees with the statement of the jurist and scholarHamza al-Nashiri,who is one of those relied upon for transmission and issuing fatwas, as indicated by the biography of the aforementioned in (Tariq al-Shams al-Sakhawi) in his famous poem. And the muhaddith ofMakkah- may Allah honor it - informed me that he read it to its author, the aforementioned Hamza, and he granted him a license to transmit it:
Among them is: that he - (peace and blessings be upon him) -Sunan Abi Dawud 3686Da'if (Al-Albani) He said in *al-Nihayah*, to the effect that: the one who chews qat experiences heat in the body and weakness. This is known and observed in qat and its users, just as with other intoxicants. Even if it produces an illusion of energy or actual energy, that is merely a remnant of the exhilaration and intoxication resulting from the numbing of the body. The same occurs from excessive consumption and addiction to intoxicants, even khamr (intoxicants), which leads to numbness, trembling, paralysis, drying of the brain, and persistent alteration of the mind, among other harms. However, qat does not possess in its nature anything other than what is a harm in religion and worldly life; for its nature is dryness and coldness, so it is not accompanied by any heat or softness, and thus the harm does not manifest.
in it, except with habitual use, and this is, in the majority of cases, a source of harm comparable to what opium has in terms of distorting the form and altering the balanced state of the body and character. It increases the harm over opium in that there is no known benefit in it whatsoever, and its harm is greater. It causes dryness of the brain and deviation from the natural disposition, reduces the appetite for food and sexual intercourse, and causes dryness, coldness, and other ailments in the intestines and stomach. Among its characteristics is that all the blameworthy traits mentioned regarding hashish are present in qat, with an added harm to what sustains health and the well-being of the body, namely corrupting the appetite for food, sexual intercourse, and offspring, and increasing its consumption, which leads to the destruction of much wealth and causes extravagance. Among its characteristics is that if one thinks there is benefit in it, it does not compensate for its harm. Among its characteristics is that it shares with all intoxicants the reality of intoxication and its cause, namely numbing, bringing blood to the surface, and thinning it on the skin, along with expelling fat from the brain and body to the surface. It does not have heat and softness that would replace what it expels of heat and softness to the surface of the body, unlike wine and hashish; thus, this is more harmful. He continued until he said: And some of the Hanafi teachers said: I visited some of the Sufis of Yemen at the Sacred Mosque , and he gave me a little qat and said to me: “Seek blessing in eating this, for it is blessed.” I ate some of it and found it numbing, so I mentioned to him
the words of those who deny that effect. He said: “I have knowledge of medicine, and my body is of a balanced temperament and nature, so what I perceive through it is not perceived by others. I have perceived the numbing and dizziness from it, and I will never eat it again.” Similarly, some of the nobles said: “It causes a loss of sensation. I used it and was unconscious for a long period, not knowing sky from earth, or length from width.” This is all the speech of Ibn Hajar in (Warning the Trustworthy from Using Kofta and Qat). He also said in it, in the discussion of hashish and nutmeg: “This requires mentioning their characteristics to compare the qat tree with them.” Then he mentioned that he was asked for a ruling on nutmeg, and he ruled it forbidden due to its intoxicating nature, like hashish. Then he said: “It is established by what has been determined that it is forbidden according to the four Imams: the Shafi'is, Malikis, and Hanbalis by explicit text, and the Hanafis by implication... until he said: That is because intoxication is used to mean the absolute covering of the intellect, and this is a broader usage. It is also used to mean the covering of the intellect with exhilaration and joy. This is a more specific usage, and it is what is intended by intoxication where it is used generally. According to the first usage, there is a general relationship between the intoxicant and the numbing agent, since every numbing agent is an intoxicant, but not every intoxicant is a numbing agent. So when intoxication is applied to hashish, nutmeg, and the like, the intended meaning is numbing. And whoever denies it of them intends its more specific meaning. The clarification is: that the
nature of intoxication by something like wine is that it produces exhilaration, joy, recklessness, anger, and passion. And the nature of intoxication by something like hashish and nutmeg is that it produces the opposite of that, namely numbing of the body and its lethargy, and prolonged silence and sleep, and lack of passion... until he said: “My answer regarding nutmeg has ended, and it contains precious matters related to this qat. In fact, it is explicit in the prohibition of qat; because people differ regarding the effect of nutmeg; some of its consumers affirm that it numbs, and some do not affirm that for it. If the Imams forbade it despite the difference among its consumers, then let them forbid qat, without regard to the difference in its effect.” The end of the speech of Ibn Hajar - may Allah have mercy on him -. He detailed the characteristics of qat and described it with the characteristics of the harmful intoxicant that affects the intellect, religions, and bodies. He explicitly stated in some of his expressions the prohibition and warning, indeed the forbiddance. And he was hesitant in another place to declare it forbidden. Either that was hesitation and politeness on his part because he did not find a text on it, or he was strong in the opinion of its prohibition after that. And the Shaykh Muhammad ibn Salim al-Bihani said in his book (Reforming Society), in the discussion of the hadith of Ibn 'Umar : That the Messenger of Allah - peace and blessings be upon him -
said:Jami` at-Tirmidhi 1861Sahih (Darussalam) It was narrated by al-Bukhari and Muslim, and he said after discussing this hadith: “Here I find an opportunity and a suitable occasion to speak about qat and tobacco, and the trial with them among us is great. They are among the fatal social disasters and diseases. And even if they are not intoxicants, their harm is close to the harm of wine and gambling; because of the loss of wealth, the wasting of time, and the injury to health in them. And through them, people become preoccupied with prayer and many important obligations... until he said: It is known from qat that it affects physical health, destroys the molars, aggravates hemorrhoids, corrupts the stomach, weakens the appetite for food, and causes the discharge of wadi (a thick fluid passed after urination). It may destroy the spine, weaken the semen, cause emaciation, and cause chronic constipation and kidney disease. The children of the qat user mostly come out with weak constitutions, small bodies, short stature, little blood, and afflicted with several malignant diseases. And this is in addition to the high prices their families spend on it, which are needed. If they had spent them on good food and raising their children, or given them in charity in the path of Allah - it would have been better for them. And our poet spoke the truth when he said:
And they gather to eat it from midday until sunset, and sometimes the gathering continues until midnight; they eat the leaves, they slander the reputations of those absent, they engage in every falsehood, and they speak about what does not concern them. Some of them claim that they use it to help them stand in night prayer, and that it is the sustenance of the righteous. They say: it was brought byal-KhidrfromMount Qafto the King Dhu al-Qarnayn, and they narrate many stories and tales about it, and sometimes some of them raise their voices saying:
And among the sheikhs whose molars were destroyed by qat is one who grinds it and delights in hearing the sound of the grinder, then he chews it and sucks its water. And they may dry it
and carry it with them on their travels. And if someone who does not know qat sees them, he mocks them and laughs at them. And one of the Egyptians says in a poem mocking the Yemenis:
As for (tobacco), which is tobacco, its harm is greater, and the disaster with it is more severe. It is not far-fetched that it is among the abominable things that Allah has forbidden. And even if there were no evil in it except what the doctors testify to, that would be sufficient to avoid it and stay away from it. And some groups of Muslims have exaggerated in its ruling until they made it like wine, and fought it by every means, and said that its user is an open sinner. And others have exaggerated in its use to a great extent. It is an abominable tree that entered the lands of the Muslims around the year 1012 AH and spread in all lands. Until he said: And more abominable than this and that is the one who chews tobacco and mixes it ground with other materials, then puts it between his lips and teeth, and that is called (shamma). The user spits wherever he is, spittle that souls abhor and by which the place becomes dirty. And perhaps he spits it from his mouth like the comb of a rooster in the cleanest place. And people have different ways in what they love. And some of them inhale tobacco after grinding it, which is (burdugan). He pours it into his nose in a way that corrupts his brain,
and injures his hearing and sight. Then he does not stop sneezing, and he wipes his nose with his hand, or in his handkerchief, or on the ground, and in front of those sitting. One of my friends told me: That his relative who used to use burdugan, when he died, remained for three hours with his nose oozing filth. If people had limited themselves to what is necessary for life, they would have been relieved of the burdensome obligations and expenses, and they would not have exposed themselves to any of these evils. And I do not compare qat and tobacco to wine in prohibition and the punishment of the Hereafter that follows it, but I say: This is close to that, and every harmful thing to the health of a person; his body, or his intellect, or his wealth, is forbidden. And righteousness is what the soul is at peace with, and the heart is at peace with. And sin is what bothers the soul, and wavers in the chest, even if the scholars have given you a fatwa. And Allah the Exalted says:[Al-Ma'idah 5:90-91] The end of the speech of the Shaykh Muhammad ibn Salim al-Bihani in that. And he mentioned the characteristics of qat and ruled it harmful and prohibited
and prohibition, but his statement: "And I do not analogize qat and tobacco to khamr... to the end of it" — the apparent meaning is that the severity of the prohibition of qat and tobacco is not like the severity of the prohibition of khamr and the hudud punishment that is obligatory for it in this world and the punishment in the Hereafter, despite their agreement in the original prohibition. And Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said in (al-Ikhtiyarat) (Chapter): "If you doubt whether a food or drink intoxicates or not, it is not forbidden to you merely on the basis of doubt, and the hudud is not established for its drinker, nor should it be made permissible for people, since it is possible that it is intoxicating, because making the haram permissible is like making the halal forbidden. This is clarified by the testimony of one whose testimony is accepted; for example, if he tasted it and then repented from it, or if he tasted it without believing it to be forbidden, or believing it to be lawful for treatment or the like, or according to the school of the Kufans regarding consuming a little of the fermented drink. If a group of those who consumed it while believing it to be forbidden testify to it, then if a large number who cannot conspire to lie report it, it should be ruled accordingly, for this is like tawatur and widespread transmission, just as the death, lineage, marriage, and divorce became widely transmitted among the fasiq and the disbelievers. So it will be one of two things: either ruling accordingly, because Islam and justice are not conditions for tawatur, or the testimony
based on the fact that widespread transmission achieves what tawatur achieves. Or some of the 'adl (just) people are tested by consuming it for two reasons: First: that one does not know its prohibition before ta'wil (interpretation), so it is permissible to proceed to consume it, and the dislike of proceeding to a doubtful matter is counterbalanced by the benefit of clarifying the situation. Second: that the haram things may become permissible in cases of dire necessity, and the need for clarification is a place of dire necessity, so it is permissible to consume it for that reason. This is the end of the words of Shaykh Taqi al-Din (may Allah have mercy on him). And by what Shaykh al-Islam (may Allah have mercy on him) established here, the correctness of the method we followed in what preceded regarding the prohibition of (qat) becomes clear, and its alignment with the established and observed Sharia principles and rules. And by what we have presented, the correctness of the statement regarding the prohibition of qat, and the prohibition of it and its prevention absolutely, in terms of cultivation, import, use, and otherwise, becomes clear. This is apparent to everyone who reflects on what we have mentioned and knows the principles and rules of the Sharia, and repelling harms takes precedence over seeking benefits. And Allah says the truth and He guides the way. It was dictated by the one who is poor in need of the forgiveness of his Lord: Muhammad ibn Ibrahim ibn Abd al-Latif al-Shaykh . And may Allah send prayers and blessings upon Muhammad and his family and his companions.
Written on 11 \ 4 \ 1376 AH. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Q: The content is: that the cultivation of qat has spread widely in Yemen, and they request clarification of the ruling on its cultivation, sale, and purchase.
A:Qat is forbidden; it is not permissible for a Muslim to consume it, sell it, buy it, or engage in any other of the lawful transactions involving permissible wealth. A fatwa regarding its prohibition was issued by His Eminence ShaykhMuhammad ibn Ibrahim(may Allah have mercy on him) concerning its prohibition. This is its text: The treatise of ShaykhMuhammad ibn Ibrahim(may Allah have mercy on him) on the prohibition of qat: Praise be to Allah; we praise Him, seek His help, seek His forgiveness, and turn to Him in repentance. We seek refuge in Allah from the evil of our own souls and the badness of our deeds. Whomsoever Allah guides, none can mislead, and whomsoever He leaves to mislead, none can guide. And I bear witness that there is no deity but Allah alone, with no partner, and I bear witness that Muhammad is His slave and His Messenger. May Allah send abundant blessings and peace upon him, his family, and his Companions. As for what follows: A question has reached us regarding the permissibility or prohibition of eating qat, and it is
The tree that is planted in the land of Yemen and eaten in the manner known among them, and its benefits and harms; considering the confusion the questioner sees in people's statements regarding it. Since this issue is a recent occurrence, and ruling on it depends on knowing the properties of this tree and its benefits and harms, and which of the two predominates, so that it is ruled upon accordingly, and since we do not know its reality because it is not available to us; we have followed up on what we could find of the scholars' words regarding it. After further research, inquiry, and asking those whose words are considered among the trustworthy, it appeared to us that the required ruling is the prohibition of engaging in its cultivation, its introduction, and its use; because of the harms and damages it contains for minds, religions, and bodies, and because of the waste of wealth it entails, and the people's being ensnared by it, and because it contains turning away from the remembrance of Allah and from prayer. It is evil, and a means to several evils, and means have the rulings of their ends. Its harm, its causing of lethargy, and its numbing effect have been established, indeed even its intoxicating effect, and no attention is paid to the statement of one who denies that, for the one who affirms takes precedence over the one who denies. By analogy to the forbidden hashish, due to their convergence in many attributes, and there is no distinction between them according to the people of verification. The evidence for what we have said is from the Book of Allah, the Sunnah of His Messenger (peace and blessings be upon him), and the words
of the scholars as follows: Allah the Exalted said:
And We have sent down to you the Book as clarification for all things and as guidance and mercy and good tidings for the Muslims.
وَنَـزَّلْنَا عَلَيْكَ الْكِتَابَ تِبْيَانًا لِكُلِّ شَيْءٍ وَهُدًى وَرَحْمَةً وَبُشْرَى لِلْمُسْلِمِينَThe Messenger of Allah (peace and blessings be upon him) has passed away, and there is no bird that flaps its wings in the sky but that knowledge of it has been mentioned to us.
لقد توفي رسول الله - صلى الله عليه وسلم - وما من طائر يقلب جناحيه في السماء إلا ذكر لنا فيه علمًاThey ask you about wine and gambling. Say, "In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit."
يَسْأَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعُ لِلنَّاسِ وَإِثْمُهُمَا أَكْبَرُ مِنْ نَفْعِهِمَا(90) O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful. (91) Satan only wants to cause between you animosity and hatred through intoxicants and gambling and to avert you from the remembrance of Allah and from prayer. So will you not desist?
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنْصَابُ وَالأَزْلامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ (90) إِنَّمَا يُرِيدُ الشَّيْطَانُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلاَةِ فَهَلْ أَنْتُمْ مُنْتَهُونَAnd in the hadith narrated byImam Ahmadin his (Musnad),and Abu Dawudin his (Sunan) with a sound chain, fromUmm Salimah(may Allah be pleased with her), she said:
God’s Messenger forbade every intoxicant and everything which produces languidness
نهى رسول الله - صلى الله عليه وسلم - عن كل مسكر ومفترAnd among what he mentioned in that treatise is his saying: And among those who said it is forbidden is the juristAbu Bakr ibn Ibrahim al-Muqri al-Harazi al-Shafi'iin his work on (The Prohibition of Qat), he said: I used to eat it in my youth, then I came to believe it was among the ambiguous matters, and the Messenger of Allah (peace and blessings be upon him) said:
So he, who saves himself from these doubtful things, saves his religion and his honor
من اتقى الشبهات فقد استبرأ لدينه وعرضهfrom the scholarYusuf ibn Yunus al-Muqri,that he used to say: Qat appeared in the time of jurists who did not dare to declare it forbidden or permissible, and if it had appeared in the time of the early jurists, they would have declared it forbidden. And an IraqiYemen,was called: the juristIbrahim,He would openly declare qat to be forbidden and rebuke those who consumed it. He stated that he only forbade it based on the conditions described regarding its users. He then ate it once and repeatedly to test it. He said: “He firmly declared it forbidden due to its harm and its intoxicating effect.” He used to say: “What comes out after urination because of it is semen.” Then I met him and said to him: “We hear that you forbid qat.” He said: “Yes.” I said: “What is the evidence?” He said: “Its harm and its intoxicating effect. Its harm is apparent. As for its intoxicating effect, is it euphoric?” I said: “Yes.” He said: “The Shafi'is and others, in their refutation of the Hanafis who permit what does not intoxicate from nabidh, said: Nabidh is forbidden by analogy to khamr (intoxicants) based on the common factor of strong euphoria.” I said to him: “It is reported that you said: What comes out of it is semen, but it does not contain any of the specific properties of semen.” He said: “It comes out before it becomes firm.” I have seen people who ate a lot of it and went mad. This is all a summary of al-Harazi's words. And this Iraqi man whom he referred to and from whom he transmitted the prohibition of qat
Some of the students of knowledge informed me that he came toMakkahal-Musharrafa (the Honored), and studied there extensively, and that he read to him and increased in praising and eulogizing him. The view of these people who declare qat to be forbidden agrees with the statement of the jurist and scholarHamza al-Nashiri,who is one of those relied upon for transmission and issuing fatwas, as indicated by the biography of the aforementioned in (Tariq al-Shams al-Sakhawi) in his famous poem. And the muhaddith ofMakkah- may Allah honor it - informed me that he read it to its author, the aforementioned Hamza, and he granted him a license to transmit it:
Among them is: that he - (peace and blessings be upon him) -
forbade every intoxicant and everything which produces languidness
نهى عن كل مسكر ومفترin it, except with habitual use, and this is, in the majority of cases, a source of harm comparable to what opium has in terms of distorting the form and altering the balanced state of the body and character. It increases the harm over opium in that there is no known benefit in it whatsoever, and its harm is greater. It causes dryness of the brain and deviation from the natural disposition, reduces the appetite for food and sexual intercourse, and causes dryness, coldness, and other ailments in the intestines and stomach. Among its characteristics is that all the blameworthy traits mentioned regarding hashish are present in qat, with an added harm to what sustains health and the well-being of the body, namely corrupting the appetite for food, sexual intercourse, and offspring, and increasing its consumption, which leads to the destruction of much wealth and causes extravagance. Among its characteristics is that if one thinks there is benefit in it, it does not compensate for its harm. Among its characteristics is that it shares with all intoxicants the reality of intoxication and its cause, namely numbing, bringing blood to the surface, and thinning it on the skin, along with expelling fat from the brain and body to the surface. It does not have heat and softness that would replace what it expels of heat and softness to the surface of the body, unlike wine and hashish; thus, this is more harmful. He continued until he said: And some of the Hanafi teachers said: I visited some of the Sufis of Yemen at the Sacred Mosque , and he gave me a little qat and said to me: “Seek blessing in eating this, for it is blessed.” I ate some of it and found it numbing, so I mentioned to him
the words of those who deny that effect. He said: “I have knowledge of medicine, and my body is of a balanced temperament and nature, so what I perceive through it is not perceived by others. I have perceived the numbing and dizziness from it, and I will never eat it again.” Similarly, some of the nobles said: “It causes a loss of sensation. I used it and was unconscious for a long period, not knowing sky from earth, or length from width.” This is all the speech of Ibn Hajar in (Warning the Trustworthy from Using Kofta and Qat). He also said in it, in the discussion of hashish and nutmeg: “This requires mentioning their characteristics to compare the qat tree with them.” Then he mentioned that he was asked for a ruling on nutmeg, and he ruled it forbidden due to its intoxicating nature, like hashish. Then he said: “It is established by what has been determined that it is forbidden according to the four Imams: the Shafi'is, Malikis, and Hanbalis by explicit text, and the Hanafis by implication... until he said: That is because intoxication is used to mean the absolute covering of the intellect, and this is a broader usage. It is also used to mean the covering of the intellect with exhilaration and joy. This is a more specific usage, and it is what is intended by intoxication where it is used generally. According to the first usage, there is a general relationship between the intoxicant and the numbing agent, since every numbing agent is an intoxicant, but not every intoxicant is a numbing agent. So when intoxication is applied to hashish, nutmeg, and the like, the intended meaning is numbing. And whoever denies it of them intends its more specific meaning. The clarification is: that the
nature of intoxication by something like wine is that it produces exhilaration, joy, recklessness, anger, and passion. And the nature of intoxication by something like hashish and nutmeg is that it produces the opposite of that, namely numbing of the body and its lethargy, and prolonged silence and sleep, and lack of passion... until he said: “My answer regarding nutmeg has ended, and it contains precious matters related to this qat. In fact, it is explicit in the prohibition of qat; because people differ regarding the effect of nutmeg; some of its consumers affirm that it numbs, and some do not affirm that for it. If the Imams forbade it despite the difference among its consumers, then let them forbid qat, without regard to the difference in its effect.” The end of the speech of Ibn Hajar - may Allah have mercy on him -. He detailed the characteristics of qat and described it with the characteristics of the harmful intoxicant that affects the intellect, religions, and bodies. He explicitly stated in some of his expressions the prohibition and warning, indeed the forbiddance. And he was hesitant in another place to declare it forbidden. Either that was hesitation and politeness on his part because he did not find a text on it, or he was strong in the opinion of its prohibition after that. And the Shaykh Muhammad ibn Salim al-Bihani said in his book (Reforming Society), in the discussion of the hadith of Ibn 'Umar : That the Messenger of Allah - peace and blessings be upon him -
said:
Every intoxicant is Khamr, and every intoxicant is unlawful. Whoever drinks Khamr in this world, and dies continuing it, he will not drink it in the Hereafter.
كل مسكر خمر، وكل مسكر حرام، ومن شرب الخمر في الدنيا فمات وهو يدمنها لم يشربها في الآخرةAnd they gather to eat it from midday until sunset, and sometimes the gathering continues until midnight; they eat the leaves, they slander the reputations of those absent, they engage in every falsehood, and they speak about what does not concern them. Some of them claim that they use it to help them stand in night prayer, and that it is the sustenance of the righteous. They say: it was brought byal-KhidrfromMount Qafto the King Dhu al-Qarnayn, and they narrate many stories and tales about it, and sometimes some of them raise their voices saying:
And among the sheikhs whose molars were destroyed by qat is one who grinds it and delights in hearing the sound of the grinder, then he chews it and sucks its water. And they may dry it
and carry it with them on their travels. And if someone who does not know qat sees them, he mocks them and laughs at them. And one of the Egyptians says in a poem mocking the Yemenis:
As for (tobacco), which is tobacco, its harm is greater, and the disaster with it is more severe. It is not far-fetched that it is among the abominable things that Allah has forbidden. And even if there were no evil in it except what the doctors testify to, that would be sufficient to avoid it and stay away from it. And some groups of Muslims have exaggerated in its ruling until they made it like wine, and fought it by every means, and said that its user is an open sinner. And others have exaggerated in its use to a great extent. It is an abominable tree that entered the lands of the Muslims around the year 1012 AH and spread in all lands. Until he said: And more abominable than this and that is the one who chews tobacco and mixes it ground with other materials, then puts it between his lips and teeth, and that is called (shamma). The user spits wherever he is, spittle that souls abhor and by which the place becomes dirty. And perhaps he spits it from his mouth like the comb of a rooster in the cleanest place. And people have different ways in what they love. And some of them inhale tobacco after grinding it, which is (burdugan). He pours it into his nose in a way that corrupts his brain,
and injures his hearing and sight. Then he does not stop sneezing, and he wipes his nose with his hand, or in his handkerchief, or on the ground, and in front of those sitting. One of my friends told me: That his relative who used to use burdugan, when he died, remained for three hours with his nose oozing filth. If people had limited themselves to what is necessary for life, they would have been relieved of the burdensome obligations and expenses, and they would not have exposed themselves to any of these evils. And I do not compare qat and tobacco to wine in prohibition and the punishment of the Hereafter that follows it, but I say: This is close to that, and every harmful thing to the health of a person; his body, or his intellect, or his wealth, is forbidden. And righteousness is what the soul is at peace with, and the heart is at peace with. And sin is what bothers the soul, and wavers in the chest, even if the scholars have given you a fatwa. And Allah the Exalted says:
(90) O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful. (91) Satan only wants to cause between you animosity and hatred through intoxicants and gambling and to avert you from the remembrance of Allah and from prayer. So will you not desist?
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنْصَابُ وَالأَزْلامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ (90) إِنَّمَا يُرِيدُ الشَّيْطَانُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلاَةِ فَهَلْ أَنْتُمْ مُنْتَهُونَand prohibition, but his statement: "And I do not analogize qat and tobacco to khamr... to the end of it" — the apparent meaning is that the severity of the prohibition of qat and tobacco is not like the severity of the prohibition of khamr and the hudud punishment that is obligatory for it in this world and the punishment in the Hereafter, despite their agreement in the original prohibition. And Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said in (al-Ikhtiyarat) (Chapter): "If you doubt whether a food or drink intoxicates or not, it is not forbidden to you merely on the basis of doubt, and the hudud is not established for its drinker, nor should it be made permissible for people, since it is possible that it is intoxicating, because making the haram permissible is like making the halal forbidden. This is clarified by the testimony of one whose testimony is accepted; for example, if he tasted it and then repented from it, or if he tasted it without believing it to be forbidden, or believing it to be lawful for treatment or the like, or according to the school of the Kufans regarding consuming a little of the fermented drink. If a group of those who consumed it while believing it to be forbidden testify to it, then if a large number who cannot conspire to lie report it, it should be ruled accordingly, for this is like tawatur and widespread transmission, just as the death, lineage, marriage, and divorce became widely transmitted among the fasiq and the disbelievers. So it will be one of two things: either ruling accordingly, because Islam and justice are not conditions for tawatur, or the testimony
based on the fact that widespread transmission achieves what tawatur achieves. Or some of the 'adl (just) people are tested by consuming it for two reasons: First: that one does not know its prohibition before ta'wil (interpretation), so it is permissible to proceed to consume it, and the dislike of proceeding to a doubtful matter is counterbalanced by the benefit of clarifying the situation. Second: that the haram things may become permissible in cases of dire necessity, and the need for clarification is a place of dire necessity, so it is permissible to consume it for that reason. This is the end of the words of Shaykh Taqi al-Din (may Allah have mercy on him). And by what Shaykh al-Islam (may Allah have mercy on him) established here, the correctness of the method we followed in what preceded regarding the prohibition of (qat) becomes clear, and its alignment with the established and observed Sharia principles and rules. And by what we have presented, the correctness of the statement regarding the prohibition of qat, and the prohibition of it and its prevention absolutely, in terms of cultivation, import, use, and otherwise, becomes clear. This is apparent to everyone who reflects on what we have mentioned and knows the principles and rules of the Sharia, and repelling harms takes precedence over seeking benefits. And Allah says the truth and He guides the way. It was dictated by the one who is poor in need of the forgiveness of his Lord: Muhammad ibn Ibrahim ibn Abd al-Latif al-Shaykh . And may Allah send prayers and blessings upon Muhammad and his family and his companions.
Written on 11 \ 4 \ 1376 AH. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.