He answered, “I know of nothing that would invalidate it.”
Isḥāq, the Ẓāhirīs, and likewise Ibn Ḥazm—who vigorously defended this view—held the same position. They argued from the ḥadith of the Makhzūmī woman and considered the report “No hand is to be severed for treachery” as referring to every act of betrayal except the denial of a borrowed article, restricting it in light of the present narration.
The reason that applies to the thief applies equally to the one who denies a loaned item; indeed, the latter offense is even graver, for it cannot be guarded against. The lender acts benevolently, whereas the denier seeks to cut off kindness and goodwill among people, and so he is blameworthy on several fronts.
Note:
By consensus of the scholars, the usurper (ghāṣib), the snatcher (mukhtalis), and the plunderer (muntahib) do not have their hands severed. This is not because they are free of crime or corruption; rather, they are sinful and subject to discretionary punishment (taʿzīr), which may be severe, and they must return what they took. They are exempt from amputation for the reasons we cited at the beginning of the chapter from Qāḍī ʿIyāḍ, as well as for other wisdoms known only to the One who legislated what rectifies human affairs.
Chapter: The ḥadd for Wine (Intoxicants)
Linguistically, the word khamr has three meanings:
- Covering and concealing; hence, “The woman has ikhtamarat” when she covers her head and face with a veil (khimār).
- Intermingling; as in the verse of Kathīr ʿAzza:
“A draught, wholesome and pleasant, untainted by any mixing disease,”
meaning: intermingled. - Maturation; as in the expression, “khammartu al-ʿajīn” (1), meaning one leaves the dough until the time comes for baking.
From these three senses the drink takes its name: it veils the intellect, intermingles with it, and is left to ferment and ripen.
Legally, khamr is every beverage that overcomes and obscures the mind, in light of the ḥadith: “Every intoxicant is khamr, and every khamr is unlawful.”