Early Kufan scholars like Ibrahim-an-Nakhaii, Sufyan-at-Thawri, and Abu Haneefah, allowed the consumption of ‘nabidh’ (and similar mildly alcoholic beverages) as long as it didn’t cause intoxication.

Okay, so what is ‘nabidh’?

It’s a mildly sweet, fruity drink prepared by soaking dates or raisins in water. Consumed widely in Arabia and adjoining areas in the Muhammadan era.

If fresh it has 0% alcohol. But if left longer, it gets naturally fermented and its alcohol content by volume (ABV) can go up to 1%-3%. And highly fermented nabidh can reach up to 6% ABV.

What!! So then how did these pious early Muslim scholars allow such a drink?!!? The Quran clearly forbids wine (‘khamr’), that by default should also include any other intoxicating drink! Right?? So why did the Kufan scholars disagree on this with the scholars of the rest of the Ummah?!!?

To give a context, let us note that fermented nabidh is equivalent to the currently popular ‘kombucha’ in terms of its intoxicating properties. Kombucha’s preparation method though differs from nabidh; as a consequence kombucha is inherently fermented and even fresh (commercial) kombucha is slightly alcoholic at 0.2%-0.5% while fresh nabidh has 0% alcohol. Home-made fresh kombucha can have ABV of 1%-3%, while hard kombucha made with further active fermentation treatment clocks up to 4%-7%.

The Quran’s prohibition of ‘khamr’ (wine): in surah Al-Ma’idah, verse 90 is unanimously understood the same way by all scholars throughout the history of Islam.

Reasons for the concurrent/unanimous understanding: The verse is clear on ‘khamr’/wine, hence there’s no scope for divergent interpretations.

Nabidh and kombucha are not meant to be intoxicating drinks, but wine is. And wine, made by actively processed fermentation of grape juice, or juice of apples or some berries, has a typical ABV of 12%-15%, and can go up to 18%-20%. Even lightest wines have 9% ABV. Therefore there’s no chance of not getting intoxicated when a typical drinks quantity is consumed.

Thus, wine being the least potent of all intoxicating drinks that was widely drunk by the Arabs of the Muhammadan era, the Quran addressed it directly and unambiguously.

Any beverage that is intentionally made alcoholic to be consumed as an intoxicating drink and has intoxicating potency similar to or more than wine is thus equally clearly understood to be forbidden.

The disagreement of the early Kufan jurists: against the other schools of Islamic law in Mecca, Medina and other cities was only in case of scenarios involving beverages that were not strong enough or less potent than wine in terms of their intoxicating power.

Consider a poor guy named Ahmed who has a litre of fresh nabidh made at home. He consumes half a litre while the remaining is leftover for a few days so that it becomes fermented and becomes slightly alcoholic, say 1%-2% ABV.

He asks the leading Hanafi scholar in his town, “may I drink it now or do I have to throw it away?”

The scholar answers, “drink it if the quantity is not enough to cause intoxication!”

Since nabidh is originally non-alcoholic, and even after fermentation, the level of alcohol in it is low, not enough to cause intoxication upon general average ‘drinks’ level quantity of consumption, the prohibition or permission of it is disputable. Early Kufan jurists permitted it while the others didn’t. It is a secondary ijtihadi-fiqhi issue, not a primary matter of clear cut haraam and halaal, hence prone to disagreement/ikhtilaaf amongst scholars.

This disagreement could be considered similar to modern disagreements that might come up over consumption of kombucha or very light beers (2-3% ABV) for example.

But there was never any dispute over highly alcoholic-strongly intoxicating drinks like wine (or whiskey or rum or vodka for that matter!!). Unless the drink was diluted with water, in effect reducing the ABV to nabidh/kombucha/light beers level, thereby warranting the same legal nuance as discussed above.

What is the drink made of, grapes or apples? : That ain’t the main issue!

Many of the discussions I’ve read seem to fixate over the ingredient with their obsessive mention of ‘grapes’!

“Abu Haneefah allowed non-khamr alcoholic drinks made of ingredients other than grapes if they didn’t intoxicate”.

As if a beverage that is as alcoholic and as intoxicating as wine but not made of grapes but of apples or berries or sugarcane or potato, like whiskey or rum or vodka, would have been allowed by Abu Haneefah!! That’s nonsense.

Being made of grape or non-grape juice wasn’t the point actually! Grape was categorically mentioned by early Hanafi jurists simply because wine is generally made of grape juice. That doesn’t mean they would not consider as ‘khamr’ other varieties of wine that are equally potent but made of berries or apples!

The targeted thing was wine, and hence by logical extension all equally or more alcoholic drinks like hard beer and whiskey and rum and vodka that have similar or more intoxicating power, whether made of grapes or dates or apples or sugarcane or potatoes or barley or rice (unless the drink is diluted with water, in effect reducing the ABV to nabidh/kombucha/light beers level)! 

Prohibition by later Hanafi scholars: became the norm by the 12th century as they became stricter and prohibited fermented ‘nabidh’ altogether irrespective of its level of alcoholic content or the volume of its consumption whether large or small.

Thus eventually coming into agreement/consensus with all other schools of Islamic law on this matter.

The only area where the current Hanafis seem to show some leniency is in the use of non-khamr alcohol (not made of grapes or dates) for medicinal or health reasons if it is consumed in small quantities that doesn’t cause intoxication.

See the Hanafi response below in one of the most reputed websites dealing with the Hanafi school of Islamic law:

“According to the Hanafi Mazhab, alcohols are divided into 2 groups Khamr and non-khamr. Khamr can be said to be alcohol derived from dates and grapes while non-khamr is alcohol not derived from any of these two. Now according to the Hanafi school of Fiqh, the ruling regarding Khamr is that even the most minuscule amount of it is haraam, regardless of whether it intoxicates or not, while the ruling considering other alcohols is that only that amount is haraam which intoxicates.

A small amount which doesn’t cause intoxication is not haraam. The only condition is that it must not be drunk for amusement and pastime in a manner resembling that of the fussaaq (major sinners). If it is drunk to gain strength, to digest the food, for medical reasons etc then it is permissible as long as it does not intoxicate.” (Ask Imam | Mufti Ebrahim Desai on non-khamr drinks)

So the fixation over the ingredient that I referred to above can be seen here clearly! Nevertheless, there is no dispute currently over the prohibition on consumption of all kinds of alcoholic drinks for enjoyment/merriment. Whether made of grapes or dates or anything else, if the drink is an alcoholic intoxicant then it cannot be consumed for enjoyment.

Although this consensus could be challenged: now or anytime in the future, based upon changing contexts (of time, place, culture).

Disagreements could come up regarding kombucha for example. Even very light beers with ABV similar to fermented nabidh and kombucha. As in, what if a fresh convert to Islam from a culture that swears by alcohol (like Russia) wants to have just one bottle of beer, to enjoy the drink without getting intoxicated? Or just one ‘drink’ of wine (without getting intoxicated)?

Most would say it cannot be permitted: due to the way the Quran clubs wine with gambling, and idolatrous and superstitious practices, and calls out all of them as filthy handiworks of Satan!

And also because of the meaning of the popular hadith that anything which causes intoxication in large quantities is forbidden even in small quantities.[1,2,3]

That being a textualist-literalist approach that also incorporates the dictates of the ahadith as a primary source of Islamic law. 

Some could permit it contextually: in mild ways, in exceptional contexts like controlled social drinking on special occasions, or secluded private drinking at home, or in licensed and regulated spaces like pubs and bars clearly earmarked for that purpose, without getting drunk, and without causing public nuisance, indecency, or feuds.

As can be regulated, playful, mild gambling, like someone gambling $10 for fun. 

Since the very next verse, no.91 clearly spells out why God is forbidding wine and gambling and calling them out as filthy handiworks of Satan:

Since Satan uses them as tools to sow enmity and hatred between people and sway them away from the remembrance and worship of God.

Thus, if there’s no actual harm/nuisance/indecency/fights/ feuds caused by drunkenness and/or high stakes gambling then small levels of both could be permitted. As is the toss in cricket matches to decide who bats and who balls! And as is the belief in amulets, evil eye, black magic, and devil possession, considered faint forms of ‘shirk’/idolatry and/or superstition by some strands of Muslims but accepted by most other strands of traditionalist Islam!

Like the wearing of amulets that’s allowed by the Barelvis and the Deobandis of the Indian subcontinent (but disallowed by their regional rivals, the Ahle Hadees)!

Or the general belief in black magic held by most Muslims (yet rejected by many scholars, like Akram Hussain Nadwi and Nouman Ali Khan).

Or the widely held Islamic belief in Jinn possession (but rejected by imam Shafii, Akram Hussain Nadwi, etc.).

Likewise, mild beers which have a low alcohol %age (2%-3%) can be consumed in moderation ensuring you don’t get drunk. Even regular beer (with 5% ABV) could be allowed if it’s consumed in quantities that don’t cause intoxication. Even just one standard drink of wine that’s not enough to cause even slight intoxication!

So what is a typical quantity of beer or wine that could be consumed by an average person without getting intoxicated? I have given a rough estimate of what that means in the next section below.

The key is proper regulation and moderation such that no harm is caused and basic contextual standards of social/public decency is maintained.

Regulated, occasional, playful, low value gambling can similarly be allowed. Like if someone is gambling $10 just for fun. What’s to be declared haraam is serious high stakes gambling that goes up to dangerous levels like putting one’s spouse and entire wealth/property at stake!

Especially because of the verse no.91, as mentioned above, that clearly spells out the reason why God forbade wine and gambling and called them filthy satanic handiworks:

Since Satan uses them as tools to sow enmity and hatred between people and sway them away from the remembrance and worship of God.

So if you stay in your senses and within contextual limits of decency and avoid harm, you may indulge a little! But better to avoid them altogether.

That’s objectives and principles based approach coupled with the rejection of the ahadith that say anything that intoxicates in large quantities is forbidden even in small quantities. The reason behind the rejection of those ahadith being the very nature of ahadith, as in, the ahadith cannot be used to extract primary rulings (principles, prohibitions, and obligations) of Islamic law; especially because there are contradictory ahadith on the same matter!

On one hand there are reports cited above that categorically forbid alcoholic drinks of all types in all quantities (large or small). On the other hand there are many reports that mention the practices of several revered companions of the Prophet, like Umar, Abdullah Ibn Umar, Abdullah Ibn Masud etc., indulging in drinking mild alcoholic drinks without getting drunk, that is, reports that give the message: ‘drink but don’t get drunk!’ In fact, these are the very reports that formed the traditionist basis for the early Kufan position on the permissibility of nabidh! (See: ISLAM, ALCOHOL, AND IDENTITY: TOWARDS A CRITICAL MUSLIM STUDIES APPROACH)   

But then, the overwhelming majority of Muslims who uphold absolute prohibition, do they not read verse 91?

They do. But they interpret it as:

Wine and gambling are inherently filthy satanic works. Hence they are in themselves absolutely prohibited. The prohibition is not due to the fact that these are used as tools by Satan to sow hatred and enmity and neglect of God. Their satanic effects are extra reasons why they must be avoided at all costs. These effects merely aggravate the severity of the prohibition. The effects are not the reasons behind the prohibition. Since, as the hadith says, even little amounts of intoxicants is prohibited.

While the other approach is like:

Read the two verses in conjunction, not in isolation. God is calling wine and gambling as filthy satanic works because of their potential to create hatred and animosity and feuds between people. The prohibition is due to their effects, not due to the substance or the act in itself. And this understanding taken from the text of the Quran cannot be overruled by any text of the ahadith since the ahadith cannot be used to extract primary rulings of Islamic law.

Two different approaches. Two different interpretations of the same text!

So then which one is correct?

Both are correct!

Which one should you choose?

The one that suits your mindset/tastes/preferences and/or makes your life easier! If you are a strict traditionalist, you’ll choose the former. If you are a liberal modernist, you’ll choose the latter.

What?!!? But can we really do that?!!?

YES. Read this!

What is one ‘drink’ size and how much is enough to cause intoxication?

The standard ‘drink’ size contains 0.6 fl. oz (fluid ounce) or 14 gram of alcohol (where, 1 fl.oz = 23.33 gram).

Regular beer (5% ABV), a 12 fl.oz (280 gram) bottle will have one ‘drink’ size (0.6 fl.oz) alcohol.

Table wine (12% ABV), a 5 fl.oz bottle (117 gram) will have one ‘drink’ size (0.6 fl.oz) alcohol.

Higher distilled alcoholic beverages like whiskey, rum, vodka contain 40-50% ABV, hence just 1.5 fl.oz (35 gram) of these will have one ‘drink’ size alcohol.

For a 140 pound (63.5 kg) man or woman, 2 drinks (560 gram of beer, more than half a kg!!) can affect driving skills significantly, possibly attracting penalties in the USA.

A man of 140 pounds, consuming 4 drinks (more than a kg of beer) will reach legally earmarked intoxication levels, attracting definite criminal penalties. For a woman of the same weight, 3 drinks (around 750 gram of beer) would cause the same.

Thus, the objective should be to avoid getting significantly affected, to the point that driving skills become impaired which occurs after two drinks. Hence, to achieve that objective, an average 60-65 kg person must restrict consumption to just one ‘drink’. 

With that being the target, beer being a light alcoholic beverage, significant impairment of senses doesn’t set in unless a minimum of half a kg is consumed by an average person of 60-65 kg body weight.

Therefore, if someone consumes just one drink of beer that is 250-300 gram that comes in one standard 300-330 ml bottle, then it shouldn’t be haraam!

If it’s light beers (ABV of 2-3% only) then almost a kg of it is equivalent to 2 drinks size that significantly affects driving skills in average men and women of 140 pounds body weight. Therefore, even half a kg of light beer, that is two standard bottles should be good to go!!

And wine, just one drink (a 5 fl.oz or 117 gram bottle) would be fine. As regards strong beverages like whiskey, rum, or vodka, just one drink (a glass of 1.5 fl.oz or 35 gram) should be fine! (See: How Much Alcohol Does It Take to Get Drunk: A Guide to Safe Drinking) 

To summarize and conclude

• The Quranic text on the prohibition of ‘khamr’ is so clear that there’s been no disagreement over it ever. ‘Khamr’ in the Quran means grape based wine.
• But wine with only grapes as the ingredient couldn’t have been the only intended ‘khamr’ type prohibited by the Quran.
• Grapes is automatically implied since grapes based wine was generally the wine used in the milieu the Quran was directly addressing.
• Apples or berries or dates or figs based wine therefore is corollarily but clearly forbidden too.
• Likewise, wine being the most commonly drunk hard drink with high enough ABV (alcohol content by volume) to cause intoxication upon average ‘drinks’ size consumption, the Quran directly forbade it.
• Hard drinks that are equally or more potent with equal or higher ABV like whiskey, rum, vodka with ingredients other than grapes are therefore automatically clearly implied to be forbidden.
• It’s absurd to think that the early Kufan disagreement regarding prohibition of non-khamr drinks was pertaining to hard drinks akin to whiskey or rum or vodka!!
• The disagreement was only regarding fermented drinks with very low ABV (nabidh, muthallath, sakar, etc.) similar to modern kombucha or light beers. And/or hard drinks with originally high ABV but reduced severely upon dilution with water.
• Such low ABV drinks (either originally low or lowered after dilution) cause intoxication only when consumed in large quantities, hence the early Kufan permissibility on consuming them until the point of intoxication.
• The case of low ABV beverages and also the case of high ABV ones consumed in small amounts, is a fiqhi-ijtihadi (secondary) issue, not a primary clear cut haraam-halaal matter, hence agreement or disagreement is open to revisions. Thus, it was permitted by early Kufan jurists, and by the Hanafis up until the 12th century CE. Hanafis allow it even to this day but only for health or medical reasons.
• Hence, if we go by principles and objectives based fiqh, a bottle of regular beer, up to two bottles of light beer, even one standard drink of wine or stronger beverages like whiskey/rum/vodka, could be permitted since such quantities are not enough to cause intoxication.

References

1. ISLAM, ALCOHOL, AND IDENTITY: TOWARDS A CRITICAL MUSLIM STUDIES APPROACH 

2. ‘Nabeedh’/‘nabidh’, a mildly intoxicating drink (when fermented), not made of grapes, that is, not wine; allowed in small quantities that doesn’t cause intoxication. According to Abu Haneefah as related by Mufti Abu Layth al Maliki (MALM): Intoxicants: Imam Abu Hanifa vs the rest | Mufti Abu Layth

3. Also at 6:38, MALM relating the opinion of Abu Haneefah: Mufti Abu Layth on diversity of opinions in Islamic law

4. ’Let’s Talk Religion’, YT channel, on Hanafi opinion on nabeedh: Ibrahim an Nakhai, Sufyan Thawri, Abu Haneefah allowed non-khamr (not grapes based) intoxicants in quantities that didn’t cause intoxication. And this opinion was held up to the time of Tahawi until the 10th century | Was Alcohol Always Forbidden in Islam?

5. Rizwanul Islam relating similar ruling of early Hanafis of Kufa: FB post

6. Tahsin Alam on how the definition of sin varies from person to person, hence the Kufans shouldn’t be blamed for drinking nabeedh: FB post

7. Tahsin Alam on nabidh being allowed by Kufan scholars like Abu Haneefah, Sufyan Thawri, Yahya Ibn Maeen: FB post

8. Early Hanafi position on ‘nabeedh’/‘nabidh’: GPT discussion; The references – from GPT

9. Alcohol content in various beverages and the Hanafi view on ‘nabidh’: Data – from GPT

10. How Much Alcohol Does It Take to Get Drunk: A Guide to Safe Drinking