IS GRAPE WINE CONSIDER AS KHAMAR?
Question:
As Salaamu Alaikum,
What is the legal ruling of a person who considers grape wine as haram stating that it is decisively proven and included in the word khamr, however he considers date wine as halal stating that it is not decisively included in the word Khamar. Is there any difference of opinion concerning date wine as being not included in Khamr? If not, what is the ruling of such a person who believes so.
Answer:
Bismillahi Wa Billahi At Tawfeeq
Wa Alaikum As Salam Wa Rahmatullahi Wa Barakatuh
In the Hanafi school of thought, Khamr is alcohol that has been derived from grapes. The ruling regarding Khamr is that it is categorically prohibited (haram) and that it is impure. This prohibition is based on decisive and unambiguous verses of the Quran and Mutawattir traditions of The Prophet peace be upon him. Furthermore, there is a consensus of the Scholars on its prohibition. To consider it halal/permissible would therefore be kufr (disbelief).
Alcohol that has been derived from dates is also impermissible to consume and is also impure.
The Prophet (peace and blessings be upon him) said, “Intoxicants are from these two trees,” while pointing to grapevines and date-palms. There is also a consensus of the Sahaba (companions) on the prohibition of Alcohol derived from dates.
However, since this ruling is based on Legal judgement (ijtihad) and not on decisive and unambiguous texts, as is the case with Khamr, the unlawfulness is not as severe as that of Khamr. Hence, deeming it lawful would not entail kufr (disbelief). Such a person may however be deemed to be a faasiq (an open sinner).
Having said that, this person should not be referred to as a Faasiq; rather he/she should be advised to repent in a gentle and caring manner. You should explain to this person, that alcohol derived from dates is in fact impermissible, and that he/she has an incorrect understanding of the issue. Furthermore, it may be beneficial to advise him/her to consult a reliable local Hanafi scholar as these rulings are intricate and there may be other misconceptions in this person’s mind.
Hidaya 4/498
Fath Al Qadeer 10/114
Mawsuah Al Fiqhiyya 5/14, 5/23, 32/141
And Allah Knows best
Mufti Waheeb Saiyed
08/02/2022