al-Bahth al-Musfir an Tahrim Kull Muskir wa Muftir
- Author died
- 1250 AH
- Editions
- Dār al-Bukhārī
al-Bahth al-Musfir ‘an Tahrim Kull Muskir wa-Muftir (The Clarifying Inquiry on the Prohibition of Every Intoxicant and Languor-Inducer) is a legal treatise written by the Yemeni scholar al-Shawkani (d. 1250 AH / 1834 CE) addressing the Islamic legal rulings on intoxicating and languor-inducing substances .
Occasion of Composition and Dating
Al-Shawkani authored the work as a legal response (fatwa) to an inquiry regarding the status of saffron, Indian nut (nutmeg), and a variety of khat . The questioner asked whether these substances are prohibited by analogy to hashish on the grounds of taftir (inducing languor or torpor), drawing on the prophetic hadith prohibiting كُلَّ مُسْكِرٍ وَمُفْتِرٍ ("every intoxicant and languor-inducer"), whether small amounts of such substances remain unlawful even if they do not cause languor, and whether selling them or using them for non-culinary purposes is permissible .
According to manuscript colophons, al-Shawkani completed writing the response in Rabi‘ al-Awwal 1209 AH (or Rabi‘ al-Akhir 1209 AH / October–November 1794 CE) . The treatise was later incorporated into the second volume of his compiled fatwas, al-Fath al-Rabbani min Fatawa al-Imam al-Shawkani .
Content and Method
Al-Shawkani opens the treatise by establishing the comprehensive prohibition of everything that qualifies as an intoxicant (muskir), citing Quranic texts and authentic prophetic hadiths, such as كُلُّ مُسْكِرٍ خَمْرٌ، وَكُلُّ مُسْكِرٍ حَرَامٌ ("Every intoxicant is wine, and every intoxicant is prohibited") and مَا أَسْكَرَ كَثِيرُهُ فَقَلِيلُهُ حَرَامٌ ("Whatever intoxicates in large amounts, a small amount of it is prohibited") . He discusses the linguistic and legal definitions of wine (khamr) and intoxication (sukr), and examines the debate between the majority of scholars and the Hanafi school over non-grape fermented beverages, defending the majority view that any substance intoxicating in large quantities is prohibited in small quantities as well .
He also treats hashish, noting the history of its appearance and citing consensus on its prohibition . Turning to specific substances:
- Saffron and Nutmeg: He addresses reports that large quantities of saffron or nutmeg may cause harm or intoxication, arguing that if a substance reaches an intoxicating threshold for a user, small amounts become prohibited for them, while noting opinions that classify excessive consumption under physical harm rather than intoxicating wine .
- Khat: Al-Shawkani mentions that he personally consumed different varieties of khat in large quantities and found no intoxicating, languorous, or mind-altering effect . He critiques the Shafi'i scholar Ibn Hajar al-Haytami's treatise Tahdhir al-Thiqat min Akl al-Kaftah wa-al-Qat, stating that al-Haytami wrote as someone unfamiliar with the true nature of the plant .
The work concludes by setting out three categories for commercial trade and utility, delineating which forms of sale are prohibited and which remain permissible when used for lawful, non-edible benefits .
Attribution and Reception
Al-Shawkani attributed the book to himself in his biographical dictionary al-Badr al-Tali‘ bi-Mahasin man ba‘d al-Qarn al-Sabi‘ . In his legal work al-Sayl al-Jarrar, he refers to this separate monograph under the variant title al-Qawl al-Musfir fi Tahrim Kull Muskir wa-Muftir . The work was cataloged by Siddiq Hasan Khan in Abjad al-‘Ulum, by Ismail Pasha in Iydah al-Maknun and Hadiyyat al-‘Arifin, and cited in the commentary ‘Awn al-Ma‘bud .
The text has been published in standalone critical editions, including one edited by Abd al-Karim ibn Sunaytan al-‘Umari based on three manuscript witnesses (including a copy preserved in the library of the Grand Mosque in Mecca), and within Muhammad Subhi Hasan Hallaq's edition of al-Fath al-Rabbani .
Answer updated