the fact that it causes intoxication? So if there was a kind of khamr
that does not cause intoxication, would it not be haraam? Please note
that in the west there is a kind of khamr in which there no alcohol
that would cause intoxication, i.e., the ratio of alcohol in it is
zero percent. Please note that I have read on your website a fatwa by
our shaykh Ibn 'Uthaymeen in which he said that if khamr does not
cause intoxication then it is not khamr. The khamr that is available
in America does cause intoxication, then using scientific industrial
means they remove the alcohol from it. What is the ruling on this
khamr?
Praise be to Allah.
Firstly:
The word khamr refers to all kinds of intoxicating drinks, whether it
existed in the past or exists at present or will exist in the future,
and whether the drink is made from grapes, barley, dates, corn or
anything else.
That is indicated by the words of the Prophet (blessings and peace of
Allah be upon him): "Every intoxicant is khamr and every khamr is
haraam." Narrated by Muslim, 2003
Khamr is a word that applies to any kind of drink that causes intoxication.
See:Ma'aalim as-Sunanby al-Khattaabi, 4/264
Based on that, any drink that does not cause intoxication is not
called khamr and it is not deemed to be haraam. But it is essential to
make certain that this drink does not cause intoxication. It is often
said that some drinks do not cause intoxication, then that turns out
not to be so in reality.
Al-Haafiz said: The ruling is connected to the reason, and the reason
for the prohibition of khamr is intoxication; whenever there is
intoxication the prohibition applies.
End quote fromFath al-Baari, 10/56
Secondly:
It is not permissible to treat khamr in order to remove the alcohol
from it; this is like what the scholars said about the prohibition on
turning khamr into vinegar.
That is because we are commanded to avoid khamr, as Allah, may He be
exalted, says (interpretation of the meaning):
"O you who believe! Intoxicants (all kinds of alcoholic drinks),
gambling, Al-Ansab (stone altars for sacrifices to idols), and
Al-Azlam (arrows for seeking luck or decision) are an abomination of
Shaitan's (Satan) handiwork. So avoid (strictly all) that
(abomination) in order that you may be successful."
[al-Maa'idah 5:90].
Avoiding something means keeping far away from it, so that it is not near you.
End quote fromAdwa' al-Bayaan, 3/33
Treating it to remove the alcohol from it is contrary to avoiding it.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Because keeping khamr is haraam; if a person is keeping it to turn it
into vinegar, he has committed a haraam action.
End quote fromMajmoo' al-Fataawa, 21/503
It is proven from the Prophet (blessings and peace of Allah be upon
him) that it is forbidden to turn khamr into vinegar. Muslim (1983)
narrated from Anas ibn Maalik (may Allah be pleased with him) that the
Prophet (blessings and peace of Allah be upon him) was asked about
wine that is made into vinegar. He said: "No."
According to a version narrated by Abu Dawood (3675), Abu Talhah asked
the Prophet (blessings and peace of Allah be upon him) about some
orphans who inherited some wine. He said: "Pour it away." He said: Can
I turn it into vinegar? He said: "No."
Classed as saheeh by al-Albaani inal-Majmoo', 9/233; Ibn al-Mulqin
inal-Badr al-Muneer, 6/630; and Shaykh al-Albaani inSaheeh Abi Dawood.
This prohibition implies that it is haraam; if it were possible to
benefit from khamr or to turn it into something from which people
could benefit, it would not be permissible to pour it away; rather the
Prophet (blessings and peace of Allah be upon him) would have
instructed him to do that, especially since it belonged to orphans and
it is haraam to squander their wealth.
InFataawa al-Lajnah ad-Daa'imah(22/92) it says: Khamr must be poured
away... because the Prophet (blessings and peace of Allah be upon him)
issued orders to that effect when the two verses concerning the
prohibition of alcohol were revealed. It is haraam to keep it and make
use of it as it is, and it is haraam to turn it into something other
than khamr by turning it into vinegar or turning part of it into
vinegar or extracting the alcohol from it, or to mix it with something
else that one wants to benefit from, because the Prophet (blessings
and peace of Allah be upon him) forbade turning khamr into alcohol in
order to block the means that may lead to evil and to prevent any
possibility of people going back to making it and using it. End quote.
See also the answer to question no. 14276
To sum up: treating khamr to remove the alcohol from it is haraam, and
is not permissible.
But if that has been done, is it permissible for a person to drink it,
seeing that it is free of the intoxicants which are the reason for the
prohibition, or not?
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
The well known view is that if it has been turned into vinegar, it
does not become pure (taahir), even if the intoxicating effect has
been removed, because removing the intoxicants is done by means of
doing something haraam, so it is still haraam.
Some of the scholars said that it does become pure and therefore
becomes permissible, even though the action is haraam. The reason they
give for that is that the reason why it is impure (najis) is because
it causes intoxication, and the intoxicants have been removed, so it
is halaal.
Others said that if it was turned into vinegar by people who believe
that khamr is permissible, such as the People of the Book, the Jews
and Christians, then it is permissible and becomes pure (taahir); if
it was turned into vinegar by people for whom it is not permissible,
then it is still haraam and impure (najis).
This opinion is most likely to be correct. According to this view, the
vinegar that comes from the Jews and Christians is halaal and pure
(taahir) because they did that on the basis that they believe it is
permissible.
End quote fromash-Sharh al-Mumti', 1/250
He also said: But if it was turned into vinegar by someone who
believes that turning it into vinegar is permissible, whether he is a
Muslim or a non-Muslim, is it halaal?
The correct answer is that it is halaal, because it was turned into
vinegar in a permissible manner, so it became permissible. Based on
that, the vinegar that is imported from non-Muslim countries is halaal
for Muslims, even if it was produced by means of human actions,
because it was turned into vinegar by the actions of a human who
believed it to be permissible.
End quote fromash-Sharh al-Mumti', 10/53
To sum up:
If it is clear that this drink is free of alcohol, there is nothing
wrong with drinking it. Similarly, if treatment of khamr to remove
alcohol from it was done by people who believe it is permissible to do
that, then it is permissible to drink it. However we should point out
that this treatment is something that is haraam for the Muslim to do
according to the most correct opinion.
And Allah knows best.
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Regards,
NAJIMUDEEN M/
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