Is the prohibition of drinking while standing based on obligation and dislike, and is the dislike here a prohibition or a recommendation?
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The questioner : Shaykh, regarding the Prophet's (peace and blessings be upon him) hadith, is the prohibition of drinking while standing based on obligation and dislike, and is the dislike here a prohibition or a recommendation?
The Shaykh : Yes, the scholars have differed on this in two opinions. One is that it is for prohibition, and the other is for recommendation. The first opinion is the correct one, without any doubt or ambiguity.
The questioner : For prohibition?
The Shaykh : Yes, indeed, it is the first opinion. The reason for this goes back to two matters, or we can say three matters:
The first is that the original ruling of a prohibition is prohibition, just as the original ruling of a command is obligation, as is known from the science of usul al-fiqh (the principles of jurisprudence). So when the hadith came in Sahih Muslim from the narration of Anas ibn Malik (may Allah be pleased with him), he said:Al-Mustadrak lil-Hakim 39:80 The original ruling of a prohibition is the obligation of prohibition, so it is obligatory to stop at the prohibition. This is the first matter.
The second matter is that the word "prohibition," although it is possible—and this has occurred in many of the prohibitions that came from the Prophet (peace and blessings be upon him and his family)—to shift the prohibition from prohibition to dislike, here it is not possible due to the second matter, which is in a narration in Sahih Muslim with the wording:Al-Mustadrak lil-Hakim 39:80 And even if it is possible, as we mentioned, to interpret the prohibition sometimes as prohibition or as recommended dislike, the word "restraining" does not support that, because the meaning of "restraining" is an intensification of the prohibition. So at that time, this second aspect prevents the scholar who has looked at this second wording from interpreting the first wording "he prohibited" to mean that it is a recommended prohibition and not a prohibitive one. It is known among the scholars that narrations interpret one another, and that the wording which gives a meaning in addition to the other wording, the scholar should hold onto it and not discard the addition in it. The matter here is the same, where his saying: gave us the confirmed prohibition, so it is not permissible in this situation to interpret the prohibition as recommended dislike, but rather it is to be understood as prohibitive dislike.
The third thing is that it came in the Musnad of Imam Ahmad from the hadith of Abu Hurayrah (may Allah be pleased with him):
What was mentioned first and second, and this is from two aspects. The first aspect is that this hadith confirms what preceded from the first and second aspects. The first aspect is that he (peace and blessings be upon him) mentioned that the Shaytan drank with this one who was drinking while standing, and this is without doubt a strong indication that it is not permissible for a Muslim to let the Shaytan participate with him in his drink and food. And you know that one of the legal means in repelling the Shaytan and preventing him from participating with a person in many of the good things is to name Allah (Mighty and Majestic) over his food and drink and in his intercourse with his wife. This is the first aspect in the hadith itself, namely that the Shaytan participates with the one who drinks while standing.
And the second thing is that he ordered him to empty his stomach, and such an order which causes annoyance to a person cannot be understood to be in the Shari'ah in response to a recommended dislike, because the fact that something is a recommended dislike means that it is permissible, but it is better to leave it. So how can it be said regarding an order for something permissible, meaning equal on both sides, but it is better to leave it, that he is ordered to expel that water he drank? So this whole group is from the evidence that drinking while standing is forbidden and not permissible for a person. This is the original ruling, except if there is a dire necessity or a pressing need, in which case every incident has its own ruling.
And on that basis, some of the hadiths that came from the Prophet (peace and blessings be upon him and his family) that he drank while standing are to be understood.
The Shaykh : Yes, the scholars have differed on this in two opinions. One is that it is for prohibition, and the other is for recommendation. The first opinion is the correct one, without any doubt or ambiguity.
The questioner : For prohibition?
The Shaykh : Yes, indeed, it is the first opinion. The reason for this goes back to two matters, or we can say three matters:
The first is that the original ruling of a prohibition is prohibition, just as the original ruling of a command is obligation, as is known from the science of usul al-fiqh (the principles of jurisprudence). So when the hadith came in Sahih Muslim from the narration of Anas ibn Malik (may Allah be pleased with him), he said:
The Messenger of Allah (peace and blessings be upon him and his family) prohibited drinking while standing.
نهى رسول الله صلى الله عليه وآله وسلم عن الشرب قائماThe second matter is that the word "prohibition," although it is possible—and this has occurred in many of the prohibitions that came from the Prophet (peace and blessings be upon him and his family)—to shift the prohibition from prohibition to dislike, here it is not possible due to the second matter, which is in a narration in Sahih Muslim with the wording:
The Messenger of Allah (peace and blessings be upon him and his family) forbade drinking while standing.
زجر رسول الله صلى الله عليه وآله وسلم عن الشرب قائماZajer (prohibited/restrained)
زجرThe third thing is that it came in the Musnad of Imam Ahmad from the hadith of Abu Hurayrah (may Allah be pleased with him):
That the Prophet (peace and blessings be upon him and his family) saw a man drinking while standing and said: "O so-and-so, do you like that the cat drinks with you?" He said: "No, O Messenger of Allah."
أن النبي صلى الله عليه وآله وسلم رأى رجلا يشرب قائما فقال يا فلان أترضى أن يشرب معك الهر قال لا يا رسول اللهWhat was mentioned first and second, and this is from two aspects. The first aspect is that this hadith confirms what preceded from the first and second aspects. The first aspect is that he (peace and blessings be upon him) mentioned that the Shaytan drank with this one who was drinking while standing, and this is without doubt a strong indication that it is not permissible for a Muslim to let the Shaytan participate with him in his drink and food. And you know that one of the legal means in repelling the Shaytan and preventing him from participating with a person in many of the good things is to name Allah (Mighty and Majestic) over his food and drink and in his intercourse with his wife. This is the first aspect in the hadith itself, namely that the Shaytan participates with the one who drinks while standing.
And the second thing is that he ordered him to empty his stomach, and such an order which causes annoyance to a person cannot be understood to be in the Shari'ah in response to a recommended dislike, because the fact that something is a recommended dislike means that it is permissible, but it is better to leave it. So how can it be said regarding an order for something permissible, meaning equal on both sides, but it is better to leave it, that he is ordered to expel that water he drank? So this whole group is from the evidence that drinking while standing is forbidden and not permissible for a person. This is the original ruling, except if there is a dire necessity or a pressing need, in which case every incident has its own ruling.
And on that basis, some of the hadiths that came from the Prophet (peace and blessings be upon him and his family) that he drank while standing are to be understood.