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AL-KAFI #838: THE RULING OF GIFTING ALCOHOLIC BEVERAGES TO THE NON-MUSLIMS

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Question:

What is the ruling of giving prohibited food and drinks to non-Muslims? For example, I won a lucky draw but among the prizes are an alcoholic beverage, can I give it to a non-Muslim friend or neighbour?

 

Answer:

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

It is prohibited to give alcoholic beverages to non-Muslims. This is in accordance with a hadith from Abu Hurairah RA:

أَنَّ رَجُلًا كَانَ يُهْدِي لِلنَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كُلَّ عَامِ رَاوِيَةً مِنْ خَمْرٍ، فَأَهْدَاهَا إِلَيْهِ عَامًا، وَقَدْ حُرِّمَتْ فَقَالَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «إِنَّهَا قَدْ حُرِّمَتْ» ، فَقَالَ الرَّجُلُ: أَفَلَا أَبِيعُهَا؟ فَقَالَ: «إِنَّ الَّذِي حَرَّمَ شُرْبَهَا حَرَّمَ بَيْعَهَا» ، قَالَ: أَفَلَا أُكَارِمُ بِهَا الْيَهُودَ؟ قَالَ: «إِنَّ الَّذِي حَرَّمَهَا حَرَّمَ أَنْ يُكَارَمَ بِهَا الْيَهُودُ» ، قَالَ: فَكَيْفَ أَصْنَعُ بِهَا؟، قَالَ: «شُنَّهَا فِي الْبَطْحَاءِ»

“There was a man who always presented a pouch of wine to the Prophet PBUH every year. And in one year, he presented it to the Prophet PBUH again, but now it has been prohibited. Then the Prophet PBUH said to him: “Wine has been prohibited.” The man then asked: “Then, can I sell it?” The Prophet PBUH said: “The God who prohibit drinking it has also prohibit selling it.” The man asked again: “Can I give it to the Jews then?” The Prophet PBUH answered: “The God that prohibit it also prohibit giving it to the Jews.” Then, the man asked: “What should I do with it then?” The Prophet PBUH answered: “Throw it down the sidewalk.”

Musnad al-Humaidi (1064). 2/229

In another hadith, from Anas Malik RA, he said:

كُنْتُ سَاقِيَ الْقَوْمِ فِي مَنْزِلِ أَبِي طَلْحَةَ، وَكَانَ خَمْرُهُمْ يَوْمَئِذٍ الْفَضِيخَ، فَأَمَرَ رَسُولُ اللَّهِ صلى الله عليه وسلم مُنَادِيًا يُنَادِي ‏"‏ أَلاَ إِنَّ الْخَمْرَ قَدْ حُرِّمَتْ ‏"‏‏.‏ قَالَ فَقَالَ لِي أَبُو طَلْحَةَ اخْرُجْ فَأَهْرِقْهَا، فَخَرَجْتُ فَهَرَقْتُهَا، فَجَرَتْ فِي سِكَكِ الْمَدِينَةِ

I was the butler of the people in the house of Abu Talha, and in those days, drinks were prepared from dates. Allah's Messenger (ﷺ) ordered somebody to announce that alcoholic drinks had been prohibited. Abu Talha ordered me to go out and spill the wine. I went out and spilled it, and it flowed in the streets of Medina. Some people said, "Some people were killed and wine was still in their stomachs." On that the Divine revelation came: "On those who believe and do good deeds There is no blame for what they ate (in the past).”

Sahih al-Bukhari (2464)

According to the above narrations, when the companions are told that alcoholic beverages are now prohibited, they immediately poured all of their wine without any hesitations. If benefitting from alcoholic beverages is permissible, surely the companions would have sold their wine and alcoholic beverages and use the profit of it in strengthening the Muslims’ economy at the time. This also shows how the companions are conscious about how damaging alcoholic beverages are in all aspects of humans.

The prohibition of it is according to an Islamic legal maxim:

مَا حُرِّمَ أَخْذُهُ حُرِّمَ إعْطَاؤُهُ

“Whatever is prohibited to be obtained, is prohibited to be given.”

(Refer Imam al-Suyuthi, Al-Asybah wa al-Nazha’ir, 1/150; and Imam Ibn Nujaim, Al-Asybah wa al-Nazha’ir, 1/132)

According to Syeikh Muhammad al-Zarqa, based on the above maxim, whatever is prohibited cannot be benefitted from and it is also prohibited to give it to others, whether the giving is as a gift or a trade. The reason is, the gifting is a form of invitation and compliance towards what is prohibited. (Refer Syarh al-Qawa’id al-Fiqhiyyah, 1/215)

Alcoholic beverages are also proven as a great harm to humans, where it is the cause of 2.8 million deaths in the year 2016 and approximately 10% of deaths among people of 15 to 49 years of age. Furthermore, in a latest research, it is found that no matter how small the amount of alcohol consumed, it will still have a negative effect on humans. [1]

Hence, as a Muslim that has the knowledge and faith regarding the dangers of alcoholic beverages, which is confirmed through naqli and aqli evidences, then he must try his best to eradicate the habit of consuming alcoholic beverages among people regardless of religion.

Conclusion

To conclude, it is prohibited to give alcoholic beverages to non-Muslims and this ruling also applies to food that contains anything that is prohibited in the Quran and al-Sunnah, such as swine, and others that are proven scientifically as harmful to one’s health.

If we are offered a prize or win gifts that is prohibited, then we should reject it politely, explaining the reason of our rejection.

Wallahua’lam.

End Notes:

[1] Refer https://www.npr.org/2018/08/24/641618937/no-amount-of-alcohol-is-good-for-your-health-global-study-claims and https://www.bloomberg.com/news/articles/2018-08-23/no-amount-of-alcohol-use-is-safe-analysis-of-studies-finds