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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A talk on the disagreement among Muslims, the gravity of that disagreement, and the example of the disagreement regarding the prohibition of certain types of intoxicants.

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The Shaykh : Recently, what are called Islamic banks have appeared, and I sincerely hope that this name is a name that fits its reality, and that it is not a case of applying this attractive name to a bank that is not Islamic. This is what I fear most, and the reason for that is a very fundamental reason: that ... in the Islamic world and ... is us, those like us who are compelled to issue fatwas and answer questions. The matter is as our Lord, Mighty and Majestic, said in the Noble Qur'an
(118) And if your Lord had willed, He could have made mankind one community; but they will not cease to differ. (119) Except whom your Lord has given ولو شاء ربك لجعل الناس أمة واحدة ولا يزالون مختلفين إلا من رحم الله
[Hud 11:118-119]
So the Muslims differ to the greatest extent, not only in the four schools of jurisprudence; this one forbids what that one has permitted, and this one makes obligatory what that one has allowed, and so on from the disagreements which we are not now in a position to detail. I sincerely hope that some of you present do not think that there is in this any hint of criticism of the mujtahid imams; we are merely narrating the reality, which has no other cause. In reality, there is a great deal of disagreement. This disagreement may lead some of those in charge of an Islamic bank to adopt one of these differing opinions and establish the bank on that opinion, which is the opinion of a learned Muslim man. It is not possible for everyone to sit in the councils of ... this knowledge. Why do they choose the opinion that is closest to the scriptural evidence, especially since in the present era a party has emerged that adopted Islamic ideas—ideas it called Islamic—which are undoubtedly the ideas of Muslim scholars, but this party stated explicitly that any opinion issued by a Muslim scholar is permissible to call an Islamic opinion, and consequently permissible to adopt and follow, even if that opinion was issued by ... for an excuse, and among those excuses is that he did not come across the text contradicting his opinion. Had he ... he would not have issued this ... as is the requirement of having good opinion of the imams of the Muslims.
And I do not know if I go far in explaining to you the danger of this new opinion. This new opinion says that any opinion issued by a Muslim scholar is valid; first, it is named an Islamic opinion, and consequently it is permissible to adopt it, even if it contradicts the Sunnah. For example, there is an opinion—I do not, of course, call it an Islamic opinion, but it is the opinion of one of the early Muslim scholars—that intoxicants are divided into two categories: intoxicants extracted from grapes, in which case both the large amount and the small amount are forbidden; and intoxicants derived from other than grapes, in which case there is a distinction: the large amount that intoxicates is forbidden, and the small amount that does not intoxicate is permissible. This distinction was stated by one of the respected imams, even though the Messenger of Allah (peace and blessings be upon him) said in the authentic hadith
Whatever a lot of it intoxicates, a little of it is unlawful. ما أسكر كثيره فقليله حرام
Jami` at-Tirmidhi 1865Hasan (Darussalam)
Therefore ... this learned, virtuous man in his opinion, and the majority of Muslim scholars adopted what the following hadith indicates
Whatever a lot of it intoxicates, a little of it is unlawful. ما أسكر كثيره فقليله حرام
Jami` at-Tirmidhi 1865Hasan (Darussalam)
And this is what aligns with the principles of Islam. How can it be that there is a cup of araq derived from grapes and another cup derived from corn or dates or the like? If the drinker drinks this cup, he does not become intoxicated, and if he drinks that one, he becomes intoxicated. So this is permissible, derived from grapes, and that is forbidden because its quantity intoxicates; the alcohol percentage, the proportion in it, is high. And if we say that this does not intoxicate and that one does not intoxicate, they say that this, despite not intoxicating, is forbidden because it was extracted from grapes, whereas that one is permissible. One drinks from it a cup, two cups, and more than that, until the last sip by which he becomes intoxicated; that sip is the forbidden one
The audience laughedضحك الحضور
and all the cups before it are permissible. This is ... from a scholar among the Muslim scholars, and yet it is called an opinion by those we mentioned because it is an Islamic opinion. This is the beginning of evil, and its end is that evil. And that is that if a Muslim ruler adopts this opinion, it becomes a shari'ah. And if he clings to it, even if he is aware of his saying (peace be upon him)
Whatever a lot of it intoxicates, a little of it is unlawful. ما أسكر كثيره فقليله حرام
Jami` at-Tirmidhi 1865Hasan (Darussalam)
he must abandon what he has known and acted upon, because the Muslim ruler adopted that opinion, and that opinion is not Islamic, yet it is permissible for him to adopt it even if he is aware of this hadith. The matter is very dangerous. It involves following the way of the priests and monks, about whom Allah, Mighty and Majestic, revealed in the Qur'an, saying
They have taken their scholars and monks as lords besides Allah اتخذوا أحبارهم ورهبانهم أربابا من دون الله
[At-Tawbah 9:31]
... very much or known. How is this, O Messenger of Allah? We did not take them as lords besides Allah? He said
Are you not such that when they permit for you something forbidden, you permit it? And when they forbid for you something lawful, you forbid it? ألستم كنتم إذا حلّلوا لكم حراما حلّلتموه؟ وإذا حرموا لكم حلالا حرمتموه؟
He said, As for this, it was because he said
That is your taking them as lords besides Allah. فذاك اتخاذكم إياهم أربابا من دون الله
.
This legislation by the opinion of the priests and monks has become, in this time, the shari'ah of Islam due to the adoption of some people. And I said to some of them: Have you considered if the Muslim state and the Muslim ruler were to issue a decision permitting the pressing of grapes other than for wine, and permitting the drinking of this juice in the amount that does not intoxicate, and you know the previous hadith
Whatever a lot of it intoxicates, a little of it is unlawful. ما أسكر كثيره فقليله حرام
Jami` at-Tirmidhi 1865Hasan (Darussalam)
Would you consider it permissible? He said ...
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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