Did 'Umar Burn the House of a Wine Seller?
Fatwa No: 381485

Question

assalamu alaykum.Is it true that caliph umar(ra) issued fatwa to burn the drunkard's house?what was the reason behind it?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Abdur-Razzaaq narrated in his Musanaaf that ‘Umar  may  Allaah  be  pleased  with  him found wine in the house of a man from Thaqeef, and he had whipped him for consuming wine previously, and so, he burned his house. He [‘Umar] asked (him): What is your name? He [the man] said: Ruwayshid. 'Umar said: “Rather, you are Fuwaysiq.” (Fuwaysiq is a short word for Faasiq, which means dissolute person; whereas Ruwayshid is a short form for Raashid, which means guided).

This story was reported by Shaykh Al-Albaani in his commentary on the Ahadeeth of the book entitled Tahtheer As-Saajid Min Itikhadh Al-Quboor Massaajid: “It (the above story) was reported by Ad-Dawlaabi in Al-Kuna [..] and its chain of narrators is authentic. It was also narrated by Abdur- Razzaaq from Safiyah bint Abu ‘Ubayd as in Al-Jaami’ Al-Kabeer, and by Abu ‘Ubayd in Al-Amwaal from Ibn ‘Umar and its chain of narrators is also authentic.” [End of quote]

The narration was reported by Abdur-Razzaaq under Chapter: “Selling Wine” he said:

“‘Umar  may  Allaah  be  pleased  with  him did not burn this man's house just because he drank alcohol, but because he was trading in wine; this is the reason for burning his house. Mawaahib Al-Jaleel, quoting from Ibn Rushd, reads:

‘Ibn Rushd said: Yahya ibn Yahya narrated: “I am of the view that the house of a wine trader should be burned. Some of our companions (i.e., the same school of jurisprudence) informed me that Maalik was of the view that it is desirable to burn the house of the Muslim who sells wine. He was asked: ‘What about a Christian who sells it to the Muslims?’ He said: ‘He should be admonished to stop doing so; if he does not stop, then his house should be burned.’ Al-Layth reported to me that ‘Umar ibn Al-Khattaab burned the house of Ruwayshid Ath-Thaqafi because he was selling wine. ‘Umar told him (Ruwayshid): ‘You are Fuwaysiq not Ruwayshid.’” [End of quote]

In his book Al-Masaa’el (questions) Is-haq ibn Mansoor asked both Imam Ahmad and Is-haq ibn Raahawayh: “Wine was found in the house of a Muslim man, (what should be done to him)? He (Ahmad) replied: ‘The wine must be spilt out, and he should be disciplined for that. If this is his trade (business), then his house should be burned, as 'Umar, may Allah be pleased with him, did with Ruwayshid.’ Is-haq ibn Raahawayh said the same thing.” [End of quote]

For more benefit, please refer to Fatwa 85347.

Allah knows best.

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