Difference of Opinion Regarding Nabidh and Intoxicants

There has been considerable disagreement between the scholars of Hijaz and those of Kufa regarding the permissibility of drinking Nabidh (fermented drink) and similarly in the consumption of small quantities of intoxicating substances. The scholars of Hijaz and the majority of hadith scholars, based on evidence, declare Nabidh as prohibited, while the scholars of Kufa consider it religiously permissible. Since this opinion is based on interpretation, it is classified as a matter of juristic (secondary) difference. Likewise, according to the hadith scholars, based on textual evidence, every intoxicant is prohibited even in small amounts—if its larger amount causes intoxication. Imam al-Nasa’i’s view on this issue, as seen in the following statement from him, sheds light on his methodology and that of other hadith scholars.

Imam al-Nasa’i, after referencing the hadith in his book "Kitab al-Ashribah" under the chapter ‘Whatever Intoxicates in Large Amounts, Its Small Amount Is Also Prohibited’, states: This is evidence that intoxicating substances are prohibited whether consumed in large or small quantities. The matter is not as those who seek loopholes claim, saying that only the last sip of a drink is prohibited while the earlier sips, already absorbed into the bloodstream, are permissible. There is no scholarly disagreement over the fact that the entire intoxication is not caused by the final sip alone, but rather by the cumulative effect including the initial ones. (5613)