and peace be upon him: “The black seed is a cure for every disease except al-sām.” (1) That is, death. Thus, if Allah, Mighty and Majestic, does not will to cure this patient, he will not be cured, even through medicine.
When a command comes after a prohibition, it indicates permissibility; and when permissibility comes after prohibition, what is meant is that the prohibition has been lifted. This does not preclude the matter from being obligatory. Thus, the author’s statement, “it becomes lawful for him,” means that the prohibition has been removed. For in this situation, when a person is compelled to eat something prohibited, we do not say, “It is lawful for you: if you wish, eat, and if you wish, do not eat.” Rather, he must eat in order to save his life. Accordingly, the wording here—permissibility—is used in contrast to prohibition, and does not negate obligation.
The second issue: If a person is compelled to drink prohibited water, may he drink it?
The answer: Yes, he may drink it. But if he is compelled to drink wine, he should not drink it. The scholars say: wine does not quench thirst; rather, it increases thirst. Nevertheless, if he is compelled to it in such a way that consuming it would relieve his necessity, then wine becomes permissible for him. They give the example of a man who chokes on a morsel and has nothing but a cup of wine: he may consume only what will dislodge the morsel, then stop, because in this case the necessity is relieved by it. As for anything beyond that, the necessity is not relieved by it.
His statement: “Whoever is compelled to make use of another person’s property, while the property itself remains intact, in order to ward off cold, draw water, or the like, it is obligatory to provide it to him free of charge.” Compulsion with respect to another person’s property may relate either to the property itself or to its use.