Guidelines for the prohibition of what is explicitly prohibited and what has no explicit text
Machine translationRead the Arabic original
The questioner: It is as if it is in the marginalia of al-Abidin, and it is forbidden.
The Shaykh: The general prohibition, first, one must know what its cause is, because many people do not distinguish between the intoxicant and the thing that causes excess, even though there is a great difference between them. First, regarding the text that prohibits it: the text that prohibits the intoxicant is abundant, no problem there, the Qur'an and the Sunnah. As for the text that prohibits the substance that causes excess, we do not have in the Sunnah anything other than one hadith in Sunan Abu Dawud, narrated by Shahr ibn Hawshab from Umm Salama, who said: The Messenger of Allah (peace and blessings be upon him) prohibited every intoxicant and every substance that causes excess. Shahr ibn Hawshab is weak, and his hadith is not used as evidence. Rather, the ruling on the substance that causes excess is taken from the general evidences, such as how we use the evidence for the prohibition of smoking based on his saying (peace and blessings be upon him)Sunan Ibn Majah 2340Da'if (Darussalam) Anything that harms, it is not permissible to use what harms from it. The lawful food that has no issue, if a person eats more of it than he needs, such that he suffers from indigestion or suffers from a specific type of disease, it returns to the nature of the food he is eating.
The questioner: If the red one breaks.
The Shaykh: This is not permissible, he should not eat this much of the thing.
The questioner : Yes.
The Shaykh: So, likewise, in another type of detail, if one takes a small amount of a substance for which there is no text prohibiting it, and at that time the original ruling for it is permissibility, but by experience it is established that one who uses this or this small amount of this substance, it leads him to taking a lot of this substance, the excess of which is harmful. At that time, one should refrain from the small amount in the context of blocking the means to harm. Therefore, we must distinguish between things that are prohibited by general texts and things that are prohibited by specific texts. What is prohibited by a specific text must be avoided entirely, originally. And what is prohibited by a general text, if this general text is based on the cause of prohibition, for example, that it harms or that it intoxicates, and the small amount of it does not harm and does not intoxicate, then it is not prohibited unless we observe what we mentioned earlier, that this small amount leads to the large amount. At that time, the small amount is prohibited so that one does not reach the large amount. And this is as he (peace and blessings be upon him) indicated in the hadithJami` at-Tirmidhi 1865Hasan (Darussalam)
The questioner : If Allah wills.
The Shaykh: And that it be returned to him with this decision.
The Shaykh: The general prohibition, first, one must know what its cause is, because many people do not distinguish between the intoxicant and the thing that causes excess, even though there is a great difference between them. First, regarding the text that prohibits it: the text that prohibits the intoxicant is abundant, no problem there, the Qur'an and the Sunnah. As for the text that prohibits the substance that causes excess, we do not have in the Sunnah anything other than one hadith in Sunan Abu Dawud, narrated by Shahr ibn Hawshab from Umm Salama, who said: The Messenger of Allah (peace and blessings be upon him) prohibited every intoxicant and every substance that causes excess. Shahr ibn Hawshab is weak, and his hadith is not used as evidence. Rather, the ruling on the substance that causes excess is taken from the general evidences, such as how we use the evidence for the prohibition of smoking based on his saying (peace and blessings be upon him)
It was narrated from 'Ubadah bin Samit that the Messenger of Allah (ﷺ) ruled: “There should be neither harming nor reciprocating harm.”
لا ضرر ولا ضرارThe questioner: If the red one breaks.
The Shaykh: This is not permissible, he should not eat this much of the thing.
The questioner : Yes.
The Shaykh: So, likewise, in another type of detail, if one takes a small amount of a substance for which there is no text prohibiting it, and at that time the original ruling for it is permissibility, but by experience it is established that one who uses this or this small amount of this substance, it leads him to taking a lot of this substance, the excess of which is harmful. At that time, one should refrain from the small amount in the context of blocking the means to harm. Therefore, we must distinguish between things that are prohibited by general texts and things that are prohibited by specific texts. What is prohibited by a specific text must be avoided entirely, originally. And what is prohibited by a general text, if this general text is based on the cause of prohibition, for example, that it harms or that it intoxicates, and the small amount of it does not harm and does not intoxicate, then it is not prohibited unless we observe what we mentioned earlier, that this small amount leads to the large amount. At that time, the small amount is prohibited so that one does not reach the large amount. And this is as he (peace and blessings be upon him) indicated in the hadith
Whatever a lot of it intoxicates, a little of it is unlawful.
المشهور ما أسكر كثيره فقليله حرام.The questioner : If Allah wills.
The Shaykh: And that it be returned to him with this decision.
Source
قناة «فضيلة الشيخ محمد ناصر الدين الألبانيSheikhAlalbany»، ضوابط تحريم ما نصّ على تحريمه وما لا نصّ فيه | فضيلة الشيخ محمد ناصر الدين الألباني — youtube.com
The Arabic text is a machine transcription of the audio recording.