that in the prefent age they are as much fought for by the diflolute as
other liquors were formerly; nay even more fo.— T h e fame law holds
with regard to Prong drinks extracted from milk. Many have faid
that any drink made from the milk of a mare is unlawful, in. the opinion
of Haneefa, becaufe it is derived from the flefh, which (according
to him) is unlawful. Lawyers, however,, remark it as the better
opinion that the milk is not unlawful according to Haneefa.-, for
although he have pronounced the flefh to be abominable, yet the reafbn
is either becaufe,. i f it were otherwife,. the. means of conquefi would
thereby be deProy’ed;: or becaufe the horfe is a noble animal; neither
of which reafons hold with regard to the milk.
Mofillis If the juice o f grapes be boiled until two thirds of it evaporate.
(grape juice . . .. . . . _ *■
boiled down (being then termed Mofilhs^) it becomes lawful, according to the two
1°lawful. ^ Elders, notwithftanding it be -fpirit-uous. Mohammed, Shafe'i, and
Mdlik, fay otherwife. (This* difference of opinion, however, exifts
only on the fuppofition that it is ufed' with a view to Prengthen the
conPitution; for if it be drank from pleafure or joy they are unanimous
in judging it unlawful.) Mohammed, Shafe'i, and Malik, in
fupport of their opinion, have cited a faying of the prophet, “ Every
“ inebriating, drink, is K h a m r ; and whatever• in excefs produces intoxi-
u cation is prohibited, even in moderation ;” and in another place,
“ Any. drink o f which one cupful, occafions, intoxication, is unlawful in a
“ fn g le drop”— Another argument is, that every inebriating liquor
tends to ftupify the fenfes,. and is confequently prohibited either in a
fmall or large quantity, in the fame manner as Khamr. The two
Elders, in fupport of their opinion, have quoted the faying of the
prophet, “ K h a m r i s unlawful m its very nature-f and in another
place,. “ L ittle or much f it is alike unlawful -, and inebriation from
“ every, other firong drink, (that is to fay, every kind befides Khamr)
** is forbidden. Now- fince the prophet has fpecified intoxication as a
condition with refpeft to other drinks than Khamr, we may, conclude
that on that, circumftance only their, illegality depends.- Befides, a
flupefadlion
pupefaftion of the fenfes takes place only when liquors are ufed in
fuch excels as to inebriate, which is allowed to be illegal. A little,
therefore, of any Prong drink other than Khamr is never illegal, except
when, on account of its finenefs or purity, a little of it invites
to more,—in which cafe the law regards every quantity of it in the
fame light. This, however, is not the cafe with Mofillis, a little of
which, becaufe o f its thicknefs, does not induce a wifh for more ; and
which, in its fubPance, is food,— wherefore when ufed in a moderate
quantity it retains its original legality *.
I f a little water be poured into Mofillis to render it fine, and it be
afterwards boiled for a Abort time, it is Pill Mofillis, the addition of
water tending only to weaken it.— It is otherwife where water is
mixed with crude juice, and this mixture is then boiled until two
thirds o f it evaporate; for here, either the water purely evaporates
altogether, or it evaporates jointly with the juice; and in either cafe
it is plain that, two thirds of the pure juice of the grapes or dates does
not evaporate, which is requifite to render it a legal drink.
I f grapes be firP boiled, and afterwards prefled until their juice be
extracted, in that cafe a very little more boiling is fufficient to render
the drinking of the liquor lawful, according to one tradition of Ha-
nefa. According to another tradition it does not become lawful
until two thirds of it evaporate in boiling ; and this is the better opinion;
becaufe the juice remaining within the film, and not being in
any manner affected by the boiling, it is confequently fimilar to juice
which is not boiled.
* By o r i g i n a l H a r n e f a alludes to an -opinion he maintained in oppofition to
M a l ik , that every thing is or igin a lly lawful in its nature, being rendered otherwife only by
t e prohibition of the facred w r it in g sw h e r e a s M d l i k holds every thing to have been
originally unlawful, until fandtified by the K oran.
Y 2 I f
General rale
with refoeft
to it.
Rule in the
boiling of u x -
preffèdgczptsî