It is customary to begin with the eldest in drinking and the like, and al-Hafiz Ibn Hajar mentioned a hadith regarding this whose chain he strengthened; is it authentic?

The questioner : It is customary to begin by giving precedence to the eldest in gatherings, whether in drinking or otherwise. Ibn Hajar mentioned in *al-Fath* that there is a chain from the Prophet (peace and blessings be upon him) which he strengthened, stating that when he asked for a drink, he would say: ; is this report authentic, or does one start with the right hand?

The Shaykh : Regarding the chain of this report, we do not agree with al-Hafiz Ibn Hajar in strengthening it; because it contains a man named "Mujallad ibn Sa'id," and Ibn Hajar himself weakened him in his book *al-Taqrib* by saying: "He is not strong." So his strengthening of the chain of this hadith contradicts his statement about one of its narrators: "He is not strong." This is the first point. Second: this hadith, despite the weakness of its chain as we have explained, contradicts a hadith in *al-Sahihayn* (the two authentic collections) narrated through two routes; one is from the narration of Anas ibn Malik, and the other is through the route of "Sahl ibn Sa'd al-Sa'idi." Each of them narrated the following story: The Prophet (peace and blessings be upon him) asked for a drink, and a large cup containing milk mixed with water was brought to him. He drank, and on his right was Ibn Abbas, or in one of the two narrations: a Bedouin, and on his left was Abu Bakr, and in another narration: the elders of Quraysh. When he had drunk and some remained in the cup, he turned to the person on his right, Ibn Abbas or that Bedouin, and said: . He said: By Allah, O Messenger of Allah, I would not prefer anyone over the leftover of your drink. So he gave it to him, and said: . In another narration: . The hadith ends here.
The Jurisprudence of Hadith: Many people assume that the one who pours the drink starting with the Prophet (peace and blessings be upon him) confirms that hadith which we explained as having a weak chain of narration, in which he (peace be upon him) commanded starting the distribution of drinks with the eldest of the people. This is not the case. The reason is that in this authentic hadith, narrated by the two Companions mentioned earlier, "Sahl ibn Sa'd" and "Anas," it is explicitly stated that the Messenger (peace and blessings be upon him) asked for a drink; that is, he requested to be given a drink. Therefore, the one who pours started with him because he was the one asking. If a small child here asked for a drink of water and was given it first, no one would say that the Sunnah is to start with the small child. Rather, the Sunnah is to start with the one who is pouring. The one who is pouring starts with the one who is asking for the drink. This person who is asking is given priority, whether he is old or young. Those who say that this hadith contains evidence that the one who pours starts with the eldest of the people have not actually looked into these two narrations, in which each of them explicitly states: "The Messenger of Allah (peace and blessings be upon him) asked for a drink, and a cup containing milk mixed with water was brought to him," and so on. The reason is that this narration was reported in an abbreviated form in some narrations, even in the two Sahihs (al-Bukhari and Muslim), which state: "A cup containing milk mixed with water was brought to the Messenger of Allah (peace and blessings be upon him)," and so on. When they looked at this narration, it helped them to understand that he was given priority because he was the eldest of the people. But when the other narration came: "The Messenger of Allah (peace and blessings be upon him) asked for a drink," it is, as they say in the language of the present day, "putting the dots on the letters," and it clarified the reason for the one who pouring starting with him (peace and blessings be upon him); and that is because he was the one asking. This is the first point.
And another thing, very important in this matter, confirms that starting with him (peace and blessings be upon him) was not because he was the eldest of the people—he was certainly the eldest—but because he was the one who was pouring. This is indicated and confirmed by the fact that when the Messenger (peace and blessings be upon him) drank, the one who had presented the cup and the glass to the hand of the Prophet (peace and blessings be upon him) had finished his task. When the glass was in the hand of the Messenger (peace and blessings be upon him), he became the one who was pouring. So when he looked to his right and found Ibn Abbas, and to his left Abu Bakr; if the Messenger (peace and blessings be upon him), may our Lord (Mighty and Majestic) had legislated for him to start with the eldest of the people, he would not have needed to ask permission from the young Ibn Abbas, who was less than fourteen years old. He would not have needed to ask his permission because he was the eldest of the people here, so he would have given it to him. But it is clear from his statement in the same hadith: that the Shari'ah gives priority to the one on the right of the one who is pouring, whether he is young or old. This is because the Messenger (peace and blessings be upon him) was now the one who was pouring. So why did he not start with the eldest of the people, who was Abu Bakr? That is because he established in the same story that the Shari'ah says: . And when he was inspired with this meaning, he asked Ibn Abbas for permission because he was the one with the right. If the one with the right permits, it is permissible to give to the other who preferred him over himself. But he is a man who knows his own religious interest, and he said: "By Allah, O Messenger of Allah, I do not prefer anyone over the leftover of your drink." So the Messenger (peace and blessings be upon him) had no choice, according to the Shari'ah, but to give it to him. And Umar was in the gathering, observing the situation.
And from the emotional aspect—and we all live with these emotions often—how would the Messenger (peace and blessings be upon him) give to the youngest of the people? But the Messenger carried out the Shari'ah, and he followed that with his saying: , and in the other narration: . These are two hadiths that confirm that the established Sunnah is for the one who pours to start with the one on his right, and so on. This is from the legal aspect.
As for the social aspect, Islam, in its perfection, does not burden people with difficulty, nor does it burden them with excessive caution and so on. So, for example, if we sit in a normal gathering, not a teacher's gathering where he sits in the middle to recite to people, and this person who enters, who is the one who pours, where would he know who is the oldest of the people, who is the most noble of the people, and who is the best of the people? This is possible if "Ibn Khaldun" were in his time, he would not be able to judge in every gathering that so-and-so is the one with the right to be given priority. Therefore, Islam came with ease and said to the one who pours: In whatever gathering you attend, start with the one on your right, and the problem is solved. This is what corresponds to His saying (Glorified and Exalted is He): , and the saying of the Messenger of Allah (peace and blessings be upon him): . And you must surely feel with me how some people are hesitant in some formal or official gatherings about starting with so-and-so the Shaykh, or so-and-so the judge, or maybe so-and-so the Prince, or so-and-so the Prince. So the Wise Lawgiver settled this matter so that it would not be in the hearts of some people that he started with so-and-so before me, , and .

Another questioner : The miswak, O Shaykh, the miswak?

The Shaykh : Yes?

The questioner : ... It came in the hadith of the miswak.

The Shaykh: What is it?

The questioner : Notice, your topic is another question. He asks whether the use of the miswak is done with the right hand or the left hand?

The questioner : No, no, no.

The questioner : Yes.

Another questioner : Starting with the eldest regarding the miswak?

The Shaykh : Yes, this is correct and explicit.

The questioner : Yes, meaning it came in hadiths.

The Shaykh : Yes, yes, this is also the case with the miswak. But regarding the distribution of drinks, the hadith came as you heard: .
Yes.