C *54 >
H E D A T A.
B O O K XLVI.
Of P R O H I B I T E D L I Q U O R S .
There are f | ^H E R E are four prohibited liquors,— the firft o f which is
ijite/uquors. JL termed Kbamr*, meaning (according to the expofition of Ha-
I. Ktamr, fieefa) the crude juice of the grape, which, being fermented, becomes
juice of the fpirituous,— nrit gathering foam and fettling, and then ponemng an
grape,) inebriating quality. According to the two difciples, the juice be-
* The tranflator has, in the courfe of the work, rendered every inebriating drink
under the general term wine, which comprehends all defcriptions of prohibited liquors.—
In this book, however, he retains the original terms for the fake of diftin&ion.
B ook X L V I . P R O H I B I T E D L I Q U O R S . I 5S
comes Kbamr upon its fermenting, and being fpirituous without the
condition of its gathering foam j— for whenever the juice of grapes
becomes fpirituous, the appellation of I£hamr, and the chara<ftenftic
o f it, namely, illegality, are both eftablilhed.— T h e argument adduced
by Haneefa is, that fermentation is the commencement o f the
procefs by which liquor becomes fpirituous, and which is compleated
when it foams and fettles, as by that means the dregs are feparated
from the finer particles and the ordinances o f the l aw regarding
Kbamr, (which are decifive,) fuch as punifhment for drinking it,
the holding him an infidel who fhall deem it lawful, and the prohibition
againft felling it,—have all a reference to the completion. Some
of the learned allege that it is declared unlawful to drink after having
become fpirituous, purely from motives o f caution.— Others, again,
maintain that the term Kbamr is applicable to whatever is of an inebriating
quality ; becaufe it is mentioned in the traditions, that
“ whatever inebriates is K h a m r — and (in another tradition)
“ K h a m r is produced from two trees, namely, the v in e and the
“ d a t e .” T h e term Khamr, moreover, is derived from Mokhàmirà,
fignifying, ftupefàElion, or deprivation o f fenfe, which is a confequence
of drinking any inebriating liquor.— In reply to this, however, Haneefa
argues that the term Khamr, according to the concurrent opinion
of all lexicographers, is ufed only in the fenfe above mentioned,
whence it is that to liquors of other defcriptions other terms are applied,
fuch as Nabeez, 1’abeekb, and Mofillis * . Another argument is
that the illegality of Khamr is indubitable,— whence, if every inebriating
liquor were Khamr, all fuch would o f courfe be likewife indubitably
illegal,— whereas this is not the cafe, for there is a doubt
regarding them. In reply, moreover, to the arguments o f fame of
the learned as above adduced, it is to be remarked that the firft recited
tradition is not perfectly authentic, Tehya Ibn Mayeen having dif-
* Thefe are different kinds of liquor, extracted from dates, which are more particularly
defcribed a little farther on.