Ahle Bayt Repo

عربي

In the books of al-Bahwati

Hadith No: 1
Al-Bahuti - Kashaf al-Qina' an Matn al-Iqna'
Book on Hudud - Chapter on Punishing a Man in Adultery While Standing
Volume: (6) - Page Number: (82)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... The hadd for zina may be postponed due to illness, stoning being the punishment (or flogging, because) any punishment (must be carried out immediately) and nothing that Allah has made obligatory should be delayed without justification. Moreover, Umar imposed the hadd on Qudamah ibn Maz'un during his illness and did not postpone it. This practice spread among the Companions and was not denied, making it akin to consensus. (The hadd will be enforced) whether in hot or cold weather (even in extreme conditions) such as illness: (If the one being punished is ill, or) if he is (frail in constitution, or in the heat or cold, and the punishment is flogging.)

Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 6
Hadith No: 2
Al-Buhuti - Kashaf al-Qina' 'an Matan al-Iqna'
Book on Hudud - Chapter on the Limit of Intoxicants
Volume: (6) - Page Number: (116)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... intoxication is a mixing of the mind. Al-Jawahri said: "The intoxicated person (sakran) is the opposite of the sober (sahih), and the plural is sakray or sakarae," with both a closed and open sin. The woman is sakra (intoxicated), and the dialect of Banu Asad is sakranah. "Intoxicating" (muskar) is a active participle from askara al-sharaba (made the drink) if it causes its possessor to be intoxicated or if it has a power that can do so, and it is, by unanimous agreement, forbidden. And what was reported from Qudamah ibn Muz'un, and Amr ibn Ma'adi Karb, and Ibn Jandal ibn Suhayl that it is permissible is to be rejected.

Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 6
Hadith No: 3
Al-Bahuti - Kashaf al-Qina' an Matn al-Iqna'
Kitab al-Hudud - Chapter on the Limit of Intoxicants
Volume: (6) - Page Number: (117/118)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... and the difference between this and other matters of differing opinion is that the sunnah from the Prophet (peace be upon him and his holy progeny) has become well-established in prohibiting the matter of differing opinion here, leaving no one with an excuse to believe in its permissibility. Qudamah ibn Mawzun and his companions, despite their belief in the permissibility of what they consumed, generalized this prohibition to others. This is in contrast to other areas of ijtihad.

Reference: Kashhaf al Qenaa an Matan al Iqnaa Book 6