A discussion regarding the ruling on eating while standing

The Shaykh : We, my brother Khalid, benefit from our discussions with our brothers who are like us, students of knowledge. We learn from their methods of discussion, whether they are correct or incorrect.
The student : Even the errors we fall into.

The Shaykh : The important thing is, do not rush. This is a confirmation with a heavy emphasis. Do not rush me. I hope your answer is in the briefest words, not in the style of a lecture, and not with phrases like "There is no god but Allah" and so on. The point is: What do you say about drinking while standing? Is it permissible or not permissible?
The student : It is permissible.

The Shaykh : What do you say about eating while standing? Is it permissible or not permissible?
The student : It is permissible.

The Shaykh : You have contradicted Anas ibn Malik. What do you say about contradicting a Companion?
The student : By Allah, there is no doubt that Anas said it was more severe or stronger or something like that. But I do not know if there is a scholar who contradicted him on this issue, because the apparent text of the hadith is this. Did not a text come regarding it?

The Shaykh : We agreed that the answer should be... a lecture.
The student : No, two words. Yes or no. You contradicted him, fine.

The Shaykh : Hmm.
The student : I contradicted him.

The Shaykh : What did you contradict?
The student : You said you fell into a contradiction.

The Shaykh : I ask: What do you say about Anas ibn Malik’s statement that drinking while standing is not permissible because it is evil?
The student : I do not know.

The Shaykh : Fine. Are you with him or do you contradict him?
The student : Is it not known that he has no contradictor, O Shaykh?
Another student: It is not known that he has a contradictor.
The student : The statement is a proof.

The Shaykh : Fine. If this is a proof, what do you say about drinking while standing? Is it permissible?
The student : It is permissible based on the text.

The Shaykh : Fine. He is the one who narrated the text of the prohibition. And when he narrated the text of the prohibition, he was asked about eating, and he said it is worse.
The student : We say it is permissible because it is ijtihad (independent legal reasoning) against the text. It is the ijtihad of a Companion who contradicted the text.

The Shaykh : What is the ijtihad?
The student : The ijtihad is that drinking is not permissible. That drinking...

The Shaykh : May Allah guide you. He said the Messenger of Allah prohibited it. This is not ijtihad.
The student : No, but it is good, O Shaykh. The prohibition is interpreted as dislike (makruh), but we say it is permissible based on the hadith of Ali that the Prophet (peace and blessings be upon him) drank.

The Shaykh : Are you quoting the hadith?
The student : The hadith about drinking while standing.

The Shaykh : The hadith of Anas.
The student : Yes.

The Shaykh : "The Messenger of Allah prohibited drinking while standing. He was asked: What about eating? He said: It is worse." What does "worse" mean? It means drinking while standing is evil.
The student : And implicitly, it came included that drinking is evil, and likewise...

The Shaykh : The question is: Does the hadith mean that drinking while standing is evil, and eating is worse than it?
The student : Eating.

The Shaykh : Fine. Is the claim that it is worse based on a text or an opinion?
The student : Based on an opinion.

The Shaykh : Fine. Is the claim that it is worse an opinion or a text?
The student : An opinion.

The Shaykh : Fine. What is your position regarding this opinion?
The student : The opinion contradicted the text, O Shaykh, because it differs with him regarding the evil. Is drinking while standing evil or not?

The Shaykh : O Shaykh, it did not contradict the text. He derived it from the text. How can you say it contradicted the text?
The student : Because he says drinking is evil...

The Shaykh: Yes.
The student : It is evil, meaning it is forbidden, meaning...

The Shaykh : Interpret it now however you wish. Evil, forbidden.
The student : No, forbidden.

The Shaykh : Evil, disliked with a prohibition.
The student : It is not interpreted as anything but prohibition, or its apparent meaning is prohibition.

The Shaykh : Remember this answer.
The student : ...

The Shaykh : Fine. Remember this answer. So your saying that "prohibited" means for dislike contradicts your previous statement.
The student : What did I say?

The Shaykh : Your saying in the hadith of Anas that "the Messenger of Allah prohibited" means for dislike contradicts your previous statement, meaning the narrator understood that the prohibition is evil and that eating is worse than it.
The student: Yes.

The Shaykh : Fine. Now, when you interpret "prohibited" as a prohibition of disapproval (tanzihi), it contradicts your saying "evil."
The student : Fine. You are coming at me from the other side, O Shaykh. Bring it from the other side, as they say in Muscat.

The Shaykh : Bring it so we can see.

The questioner : What do you mean by the disagreement in this issue?

The Shaykh : I want to tell you that contradicting one Companion: a person may contradict this one or agree with him. The issue is not like three or more if they agree on an opinion.
The student : Meaning the statement of one person is not a proof, O Shaykh, if it is well-known and...

The Shaykh : There is disagreement on that, yes. But I say that the prohibition here is not as you think, for dislike. Do you agree with me? I still remember that I am a non-Arab and you are Arabs. Do you distinguish between "nahya" (prohibited) and "zajara" (restrained)?

The questioner: Yes.

The Shaykh : Fine. Which is stronger?

The questioner : "Zajara" is more emphatic.

The Shaykh : By Allah, this is what I understood from you. So now, do you say that "zajara" is interpreted as you interpret "nahya"?

The questioner : No. "Zajara" is not interpreted as anything but prohibition.

The Shaykh : Well done. And Anas says: The Messenger of Allah restrained from drinking while standing. So how do you say it is permissible? And may Allah’s peace be upon you.

The questioner : May Allah reward you with good, O Shaykh. The issue is under research, you see.

The Shaykh : I am very pleased to be in front of a strong student of knowledge, because I benefit from him.
The student : May Allah reward you with good.
Another student: May Allah preserve you.
The student : Forgive us for the lack of propriety in the discussion, and the lack of knowledge in the speech...

The Shaykh : There is blessing in you.
The student : ...

The Shaykh : How? How?

The Shaykh : Yes, I said this in the daytime. You were informing him.
The student : I met the Shaykh in Madinah before... years and asked him about you. I said I know your determination. Perhaps you remember, O Shaykh?

The Shaykh : Yes, yes. By Allah, I do not remember, but praise be to Allah.
The student : Fine, O Shaykh. Perhaps we will visit you, if Allah wills.

The Shaykh : Welcome.
The student : Soon, if Allah wills.

The Shaykh: Peace be upon you.
The student : And peace be upon you.
The student : May Allah reward you.

The Shaykh : ... always the reason...
The student : May Allah reward you with good.

The Shaykh : And to you. May Allah bless you.