What is the ruling on eating and drinking while standing?
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The Shaykh : What do you say about eating while standing: is it permissible or not permissible?
The questioner : It is permissible.
The Shaykh : You have contradicted Anas ibn Malik, so what do you say about contradicting a Companion?
The questioner : By Allah, O Shaykh, there is no doubt that Anas said it, and he was more severe or stronger in it. But I do not know if he has a contradictor among the scholars in this issue, or in the text, O Shaykh. This is a contradiction, O Shaykh.
The Shaykh : What did you contradict?
The questioner : You are saying, did you fall into a contradiction?
The Shaykh : I am asking what you say about the statement of Anas ibn Malik that drinking while standing is not permissible because it is worse. Are you with him, or do you contradict him?
The questioner : Is it not known that he has no contradictor, O Shaykh?
The Shaykh : And no one is known to have contradicted him.
The questioner : Then his statement is a proof.
The Shaykh : Well, if this is a proof, what do you say about drinking while standing: is it permissible?
The questioner : It is permissible.
The Shaykh : Well, the prohibition was mentioned in the text, and when the prohibition was narrated in the text, he was asked, "What about eating?" He said, "That is worse."
The questioner : We tell him it is permissible because he contradicted the ijtihad with the text; a Companion's ijtihad contradicted the text.
The Shaykh : What is the ijtihad?
The questioner : The ijtihad is that drinking is not permissible.
The Shaykh : May Allah guide you. It is the saying of the Messenger of Allah.
The questioner : The prohibition is understood as dislike, but the permissibility is the hadith of Ali that the Prophet (peace and blessings be upon him) drank...
The Shaykh : You are mentioning the hadith of Anas: "The Messenger of Allah prohibited drinking while standing." It was asked, "What about eating?" He said, "That is worse." What does "that is worse" mean? Does it mean drinking while standing is forbidden?
The questioner : And this includes, and this entails that drinking is worse, and likewise eating.
The Shaykh : The question is: the hadith means that drinking while standing is worse, and the worse of that is eating. Well, is the "worse" based on a text or an opinion?
The questioner : Based on an opinion.
The Shaykh : Fine. Is the claim that it is worse an opinion or a text?
The questioner : An opinion.
The Shaykh : Fine. What is your position regarding this opinion?
The questioner : An opinion that contradicted, O our Shaykh, the text. And if he differed with him regarding the "worse," is drinking while standing worse or not?
The Shaykh : O Shaykh, he did not contradict the text; he derived it from the text. How can you say he contradicted the text?
The questioner : He says "worse," O Shaykh. "Worse" means forbidden.
The Shaykh : Now interpret it however you wish: "worse" is forbidden, "worse" is disliked, "worse" is forbidden...
The questioner : Or its apparent meaning is prohibition.
The Shaykh : Remember this answer. Well, remember this answer. So your saying "he prohibited" means for dislike, which is contrary to your words. Your saying in the hadith of Anas "the Messenger of Allah prohibited" means for dislike, which contradicts your previous statement. That is, the narrator understood that the prohibition is "worse" and that eating is worse than it. Well, now when you interpret "prohibited" to mean a prohibitive prohibition, there is no "worse" in your words.
The questioner : That is, you are coming from the other side. Bring it from the other side, as they say. That is, what do you want from 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 questioner : That is, the saying of one person is not a proof, O Shaykh, if it becomes famous...
The Shaykh : We differ on that, but I say that the prohibition here is not as you think, that it is for dislike. Do you agree with me? I am still reminding you that I am a non-Arab and you are Arabs. Do you distinguish between "nahya" (prohibited) and "zajra" (restrained)?
The questioner: Yes.
The Shaykh : Which one is stronger?
The questioner : "Zajra" is more emphatic.
The Shaykh : This is what I understood from you. So now, do you say that "zajra" is interpreted as you interpret "nahya"?
The questioner : No. "Zajara" is not interpreted as anything but prohibition.
The Shaykh : You have done well. And Anas says "The Messenger of Allah restrained drinking while standing." So how do you say it is permissible?
The questioner : May Allah reward you with good.
The questioner : It is permissible.
The Shaykh : You have contradicted Anas ibn Malik, so what do you say about contradicting a Companion?
The questioner : By Allah, O Shaykh, there is no doubt that Anas said it, and he was more severe or stronger in it. But I do not know if he has a contradictor among the scholars in this issue, or in the text, O Shaykh. This is a contradiction, O Shaykh.
The Shaykh : What did you contradict?
The questioner : You are saying, did you fall into a contradiction?
The Shaykh : I am asking what you say about the statement of Anas ibn Malik that drinking while standing is not permissible because it is worse. Are you with him, or do you contradict him?
The questioner : Is it not known that he has no contradictor, O Shaykh?
The Shaykh : And no one is known to have contradicted him.
The questioner : Then his statement is a proof.
The Shaykh : Well, if this is a proof, what do you say about drinking while standing: is it permissible?
The questioner : It is permissible.
The Shaykh : Well, the prohibition was mentioned in the text, and when the prohibition was narrated in the text, he was asked, "What about eating?" He said, "That is worse."
The questioner : We tell him it is permissible because he contradicted the ijtihad with the text; a Companion's ijtihad contradicted the text.
The Shaykh : What is the ijtihad?
The questioner : The ijtihad is that drinking is not permissible.
The Shaykh : May Allah guide you. It is the saying of the Messenger of Allah.
The questioner : The prohibition is understood as dislike, but the permissibility is the hadith of Ali that the Prophet (peace and blessings be upon him) drank...
The Shaykh : You are mentioning the hadith of Anas: "The Messenger of Allah prohibited drinking while standing." It was asked, "What about eating?" He said, "That is worse." What does "that is worse" mean? Does it mean drinking while standing is forbidden?
The questioner : And this includes, and this entails that drinking is worse, and likewise eating.
The Shaykh : The question is: the hadith means that drinking while standing is worse, and the worse of that is eating. Well, is the "worse" based on a text or an opinion?
The questioner : Based on an opinion.
The Shaykh : Fine. Is the claim that it is worse an opinion or a text?
The questioner : An opinion.
The Shaykh : Fine. What is your position regarding this opinion?
The questioner : An opinion that contradicted, O our Shaykh, the text. And if he differed with him regarding the "worse," is drinking while standing worse or not?
The Shaykh : O Shaykh, he did not contradict the text; he derived it from the text. How can you say he contradicted the text?
The questioner : He says "worse," O Shaykh. "Worse" means forbidden.
The Shaykh : Now interpret it however you wish: "worse" is forbidden, "worse" is disliked, "worse" is forbidden...
The questioner : Or its apparent meaning is prohibition.
The Shaykh : Remember this answer. Well, remember this answer. So your saying "he prohibited" means for dislike, which is contrary to your words. Your saying in the hadith of Anas "the Messenger of Allah prohibited" means for dislike, which contradicts your previous statement. That is, the narrator understood that the prohibition is "worse" and that eating is worse than it. Well, now when you interpret "prohibited" to mean a prohibitive prohibition, there is no "worse" in your words.
The questioner : That is, you are coming from the other side. Bring it from the other side, as they say. That is, what do you want from 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 questioner : That is, the saying of one person is not a proof, O Shaykh, if it becomes famous...
The Shaykh : We differ on that, but I say that the prohibition here is not as you think, that it is for dislike. Do you agree with me? I am still reminding you that I am a non-Arab and you are Arabs. Do you distinguish between "nahya" (prohibited) and "zajra" (restrained)?
The questioner: Yes.
The Shaykh : Which one is stronger?
The questioner : "Zajra" is more emphatic.
The Shaykh : This is what I understood from you. So now, do you say that "zajra" is interpreted as you interpret "nahya"?
The questioner : No. "Zajara" is not interpreted as anything but prohibition.
The Shaykh : You have done well. And Anas says "The Messenger of Allah restrained drinking while standing." So how do you say it is permissible?
The questioner : May Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
