impurity more severe than that of the dog. Moreover, it causes a person to become accustomed to filthy things. Allah says: “Wicked women are for wicked men, and wicked men are for wicked women.” [al-Nur 24:26]

His statement, “or the wine of a dhimmī”: a dhimmī is a non-Muslim who resides in the lands of Islam under protection for his property and life, and who pays the jizyah. If someone usurps the wine of a dhimmī, he is obliged to return it. If it is asked, “Is not wine prohibited?” the answer is: Yes, but it is lawful in the case of the dhimmī. If someone says, “When I give him this wine, is that not like making for him an idol which he worships?” We say: This is not correct. The idol he worships is prohibited even in his own religious law, whereas wine is lawful for him.

His statement, “or the wine of a dhimmī,” excludes the case where one usurps the wine of a hostile non-Muslim; he bears no liability for it, and it is without legal value.

When does a dhimmī become a hostile non-Muslim? He becomes so when he breaches the covenant.

If one usurps a Muslim’s wine, it is without legal value. Even if the Muslim asks for it to be returned, it is not returned to him; rather, it should be poured out. This applies if one has the authority to rectify matters by hand. But if he does not have such authority, it is not lawful for him to overstep and usurp the ruler’s prerogative.

From this explanation given by the author, may Allah have mercy on him, the error of those who assault dhimmīs in their homes, enter upon them, and pour out their wine becomes clear. This is not permissible, because the dhimmī has a protected right. What he believes to be lawful is permitted to him, provided that he does not display it openly. If he displays it openly, we prevent him; we have the right to confiscate it, but not to return it to him.