The second narration holds that the lease is invalid, and no wage is due—even if the carrier has already transported the goods. This rests on the same principle by which he rules that wine may not be kept and must be poured away.
In the report transmitted by Abū Ṭālib he states: “If a man embraces Islam while owning wine or swine, the wine is to be poured out and the swine set loose, for both have become unlawful to him; should he slaughter them, there is no harm.” Thus he has expressly declared that retaining them is impermissible.
Likewise, in the report of Ibn Manṣūr he says that it is disliked for someone to hire himself to watch a Christian’s vineyard, because its underlying purpose is wine, unless it is known that the grapes will be sold for something other than winemaking.
Since he forbade hiring oneself to guard a vineyard whose produce is destined for wine, it is even more fitting to forbid hiring oneself to transport the wine itself.
This is the course taken by al-Qāḍī in his Taʿlīq and in his legal reasoning, and most of his disciples—such as Abū l-Khaṭṭāb—have followed it, as have later scholars who modeled their work on his.
For them, the supported opinion (al-manṣūr) is the extracted narration, which is also the view of Mālik, al-Shāfiʿī, Abū Yūsuf, and Muḥammad. According to our own colleagues, this applies when the hire concerns transporting wine to one’s house, to a shop, or to any place where it is not permissible to keep it, whether the carriage is for drinking or for any other purpose.
As for the case in which he carries it in order to pour it away, or to carry