P R O H I B I T E D
Khamr, to be lawful,— if more than one half, andlefs than two thirds,
fhould have evaporated in the boiling.
M o h a m m e d , in the "Jama Sagheer, remarks that every fort of
liquor excepting thofe above mentioned is lawful. This opinion, the
learned fay, is recorded only in the Jajna Sagheer, and is not to be
found in any other book. It, however, affords.an argument that any
kind of ftrong liquor extracted from wheat, barley, honey, or millet,
is lawful in the opinion of Haneefa, if not drank fo as to occafion intoxication
; and he, in fad, maintains that punifhment is not inflicted
even in the cafe of intoxication. If, therefore, a perfon intoxicated
with thefe liquors fhould divorce his wife, it is void, in the fame
manner as divorce pronounced by a perfon in his fleep, or by one
whofe faculties are impaired from the ufe of opium, or from having
drank the milk of a mare in a medical compofition. It is elfewhere
related, as an opinion of Mohammed, that every fort of ftrong drink,
excepting thofe above fpecified, is prohibited; -that i f a perfon drink
them to intoxication he is to be punifhed; and that a divorce pronounced
by him when fo intoxicated is valid ;— in the fame manner as
holds in the cafe of liquors ; and decrees pafs according to this opinion.
He has alfo faid, in the Jama Sagheer, that Aboo Yo.ofafb.zA firfl declared
every fort o f wine to be unlawful which fermented and became
fpirituous, and afterwards remained ten days without fpoiling: but
that he afterwards adopted the opinion of Haneefa. In other words,
he firfl, according to the adjudication of Mohammed, deemed all inebriating
liquors unlawful; but afterwards adopted the opinion oiHaneefa.
Aboo Yoofaf was fmgular in making it a condition that the
liquor fhould remain ten days without being fpoiled. He, however,
afterwards receded from this opinion, and gave into that of Haneefa
and Mohammed on this point. In the Abridgement [of Kadooree] it is
faid, that the fleeping of raifins or dried dates, when boiled a little,
-even fo as to become fpirituous, may lawfully be drank in fuch a
.quantity as not to inebriate, provided it be done without wantonnefs
or j0y._This is according only to the two Elders; for Mohammed and
Shafei deem it unlawful.
T h e r e is no impropriety in drinking Khoolteen; that is, water in
which dates have been fleeped, mixed with that of raifins, and boiled
together until they ferment and become fpirituous. This is grounded
on a circumflance relative to Ibn Zceydd, which is thus related by
himfelf:— “ Abdoolla, the fon of Omar, having given me fome Sher-
“ bet to drink, I became intoxicated to fuch a degree that I knew
« not my own houfe. I went to him next morning, and having in-
“ formed him of the circumflance, he acquainted me that he had
“ given me nothing but a drink compofed o f dates and raifins.” —
Now this was certainly Khoolteen, which had undergone the operation
of boiling; becaufe it is elfewhere related by Omar that it is unlawful
in its crude date.
Khoolteen (a
mixture of
the infußon
of dates and
raifins) may
be drank»
L iq u o r produced by means of honey, wheat, barley, or millet, Liquors pro-
is lawful, according to Haneefa and Aboo Yoofaf, although it be not mean's of
boiled,— provided, however, that it be not drank in a wanton or joy-
ful manner. The argument they adduce is the faying of the prophet
“ K h a m r is the produB o f thefe two trees f (meaning the vine and
thedate;~)— that is to fay, he confined the prohibition to thefe two
trees, as his intention was to explain the l a w .— It is to be obferved
that feveral of the learned have made the boiling o f thefe liquors a re-
quifite towards their legality. Others, on the contrary, hold it to
be no way necefiary; (and fuch is the opinion recorded in the Mab-
foot\) becaufe thefe liquors are not of fuch a nature that a little induces
a wifh for more, whether they be boiled or .crude. It has like-
wife been difputed whether a perfon who gets drunk with any of
thefe liquors is to be punifhed. Some have faid that he is not. T h e but any per-
leamed in the l a w , however, have determined otherwife; for it is f°ndnnk,mS
. . . them to inrelated
by Mohammed that punifhment is to be indicated on whoever is toxication in-
wtoxicated with any o f the aforefaid ftrong liquors; for this reafon, mellt; '
Vox. IV . Y that '