Chapter: What is to be feared regarding the hudud (fixed punishments). Chapter: Zina (unlawful sexual intercourse) and drinking intoxicants. And Ibn Abbas said: “The light of faith is removed from him in the case of zina.”
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The reciter: “Chapter: What is to be feared regarding the hudud (fixed punishments), Chapter: Zina (unlawful sexual intercourse) and drinking intoxicants”.
And Ibn Abbas said: “The light of faith is removed from him in the case of zina”.
The Shaykh : We ask Allah for well-being, we seek refuge in Allah.
First: The hudud (fixed punishments) have several definitions. The hudud are what the Shari'ah has defined among the obligatory acts, the forbidden acts, the punishments, and others; the important thing is that it is something that has a limit.
So regarding the hudud from the obligatory acts, it is said about them: “Do not transgress them”:[Al-Baqarah 2:229].
And regarding the forbidden acts, it is said:.
As for the hudud as punishments, it is said in their definition: Every punishment prescribed by the Shari'ah for a sin, to prevent its occurrence and to expiate for its perpetrator.
And our saying: “to prevent,” this is an explanation, meaning the clarification of the wisdom of the hudud; otherwise, the definition ends with our saying: “Every punishment prescribed by the Shari'ah for a sin.”
But the wisdom of the hudud is that they prevent returning to them, they deter their perpetrator, and they prevent others as well. They are also an expiation for their perpetrator; one does not combine two punishments upon him.
Except in the case of highway robbers, for Allah the Exalted said:[Al-Ma'idah 5:33-34].
So the definition of the hudud is: Punishments prescribed by the Shari'ah for a sin.
And our saying: “for a sin,” means it is not for leaving an obligatory act, because for leaving an obligatory act, he is subjected to ta'zir (discretionary punishment) and disciplined until he does it, with no limit. So if we beat a person ten lashes to make him pray in congregation and he does not pray, what do we do?
We beat him again, a second time, a third, and a fourth time until he prays, but for forbidden acts, if he commits them, we beat him only once.
And his saying: “What is to be feared regarding the hudud”, means what is to be feared from what necessitates the hadd (fixed punishment). So the second mention of hudud appears to refer to the forbidden acts, and what is to be feared from the forbidden acts, or from the causes of the hudud, meaning from the causes of the punishments.
Then he said: “Chapter: One does not drink intoxicants”.
Intoxicants have passed us in their definition as that which covers the intellect, meaning covers it, for the sake of pleasure and joy. So our saying “for the sake of pleasure and joy”, excludes anesthesia, gasoline, and the like, and what is mentioned of what is inhaled now, in which there is a substance they say is inhaled, and if a person inhales it, he loses consciousness. This is not intoxication, and it is not that which covered the intellect. Why?
Because there is no pleasure or joy obtained from it. What is obtained is what is called dizziness; the person becomes dizzy and loses consciousness, but it is not in the form of pleasure and joy.
The drinker of intoxicants, may Allah protect us, finds himself in great arrogance, grandeur, and haughtiness toward people. And the poet says about it:
We drink it, and it leaves us as kings.
And Hamzah ibn Abd al-Muttalib (may Allah be pleased with him), when the Prophet (peace and blessings be upon him) came to him and he was intoxicated, meaning drunk, and he spoke to him about the two camels of Ali ibn Abi Talib, because Ali ibn Abi Talib had two camels that passed by Hamzah while he was drunk, and a slave girl was singing to him. So he took the sword and slit their bellies open, and ate from their livers, I think. Ali came to the Prophet (peace and blessings be upon him) complaining about his uncle Hamzah. When the Messenger (peace and blessings be upon him) came to Hamzah, he came to speak to him. He found the man drunk, so he said to him, I mean Hamzah:Sunan Abi Dawud 2986Sahih (Al-Albani) To whom is he saying this?
To the Messenger (peace and blessings be upon him). And if he had been sober, he would never have said this. So the Prophet (peace and blessings be upon him) returned, knowing that the man had not yet regained his senses.
So the important thing is that intoxication involves pleasure, joy, exhilaration, and lightness. This is intoxicants. As for anything else that removes the intellect, it is not intoxicants.
The questioner : Shaykh, some of them drink opium and gum, this is with pleasure...?
The Shaykh : I do not think he takes pleasure in it like drinking intoxicants.
The questioner : He takes pleasure in it, but not like intoxicants.
The Shaykh : By Allah, I do not know. In any case, if it is established that he finds pleasure and joy, it becomes intoxicants.
The questioner : If he does not find pleasure, is it forbidden from the aspect of...?
The Shaykh : Yes, it is forbidden from another aspect, from the aspect of narcotics.
And Ibn Abbas said: “The light of faith is removed from him in the case of zina”.
The Shaykh : We ask Allah for well-being, we seek refuge in Allah.
First: The hudud (fixed punishments) have several definitions. The hudud are what the Shari'ah has defined among the obligatory acts, the forbidden acts, the punishments, and others; the important thing is that it is something that has a limit.
So regarding the hudud from the obligatory acts, it is said about them: “Do not transgress them”:
These are the limits of Allah, so do not transgress them
تلك حدود الله فلا تعتدوهاAnd regarding the forbidden acts, it is said:
Do not approach them
لا تقربوهاAs for the hudud as punishments, it is said in their definition: Every punishment prescribed by the Shari'ah for a sin, to prevent its occurrence and to expiate for its perpetrator.
And our saying: “to prevent,” this is an explanation, meaning the clarification of the wisdom of the hudud; otherwise, the definition ends with our saying: “Every punishment prescribed by the Shari'ah for a sin.”
But the wisdom of the hudud is that they prevent returning to them, they deter their perpetrator, and they prevent others as well. They are also an expiation for their perpetrator; one does not combine two punishments upon him.
Except in the case of highway robbers, for Allah the Exalted said:
(33) Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment, (34) Except for those who return
إنما جزاء الذين يحاربون الله ورسوله ويسعون في الأرض فسادا أن يقتلوا أو يصلبوا أن تقطع أيديهم وأرجلهم من خلاف أو ينفوا من الأرض ذلك لهم خزي في الدنيا ولهم في الآخرة عذاب عظيم، إلا الذين تابواSo the definition of the hudud is: Punishments prescribed by the Shari'ah for a sin.
And our saying: “for a sin,” means it is not for leaving an obligatory act, because for leaving an obligatory act, he is subjected to ta'zir (discretionary punishment) and disciplined until he does it, with no limit. So if we beat a person ten lashes to make him pray in congregation and he does not pray, what do we do?
We beat him again, a second time, a third, and a fourth time until he prays, but for forbidden acts, if he commits them, we beat him only once.
And his saying: “What is to be feared regarding the hudud”, means what is to be feared from what necessitates the hadd (fixed punishment). So the second mention of hudud appears to refer to the forbidden acts, and what is to be feared from the forbidden acts, or from the causes of the hudud, meaning from the causes of the punishments.
Then he said: “Chapter: One does not drink intoxicants”.
Intoxicants have passed us in their definition as that which covers the intellect, meaning covers it, for the sake of pleasure and joy. So our saying “for the sake of pleasure and joy”, excludes anesthesia, gasoline, and the like, and what is mentioned of what is inhaled now, in which there is a substance they say is inhaled, and if a person inhales it, he loses consciousness. This is not intoxication, and it is not that which covered the intellect. Why?
Because there is no pleasure or joy obtained from it. What is obtained is what is called dizziness; the person becomes dizzy and loses consciousness, but it is not in the form of pleasure and joy.
The drinker of intoxicants, may Allah protect us, finds himself in great arrogance, grandeur, and haughtiness toward people. And the poet says about it:
We drink it, and it leaves us as kings.
And Hamzah ibn Abd al-Muttalib (may Allah be pleased with him), when the Prophet (peace and blessings be upon him) came to him and he was intoxicated, meaning drunk, and he spoke to him about the two camels of Ali ibn Abi Talib, because Ali ibn Abi Talib had two camels that passed by Hamzah while he was drunk, and a slave girl was singing to him. So he took the sword and slit their bellies open, and ate from their livers, I think. Ali came to the Prophet (peace and blessings be upon him) complaining about his uncle Hamzah. When the Messenger (peace and blessings be upon him) came to Hamzah, he came to speak to him. He found the man drunk, so he said to him, I mean Hamzah:
Are you but the salves of my father?
هل أنتم إلا عبيد أبيTo the Messenger (peace and blessings be upon him). And if he had been sober, he would never have said this. So the Prophet (peace and blessings be upon him) returned, knowing that the man had not yet regained his senses.
So the important thing is that intoxication involves pleasure, joy, exhilaration, and lightness. This is intoxicants. As for anything else that removes the intellect, it is not intoxicants.
The questioner : Shaykh, some of them drink opium and gum, this is with pleasure...?
The Shaykh : I do not think he takes pleasure in it like drinking intoxicants.
The questioner : He takes pleasure in it, but not like intoxicants.
The Shaykh : By Allah, I do not know. In any case, if it is established that he finds pleasure and joy, it becomes intoxicants.
The questioner : If he does not find pleasure, is it forbidden from the aspect of...?
The Shaykh : Yes, it is forbidden from another aspect, from the aspect of narcotics.