Drinking While Standing

This is the translation for the discussion of the issue of drinking while standing found in the famous book of Fiqh called Nayl al-‘Awtar by ‘Imaam ash-Shawkaanee…

Please be sure to read through the entire translation before forming an opinion either way…

(The strange symbols after the name of the Prophet Muhammad or a pronoun indicating him, and the names of the Companions, are how microsoft word symbols are displayed here, if anyone has any script that would display the du’ah appropriately in html, please let me know…)

Nayl al-‘Awtar
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3747 – (And on authority of ‘Abu Sa’eed (al-Khudree)  {That the Prophet  prohibited drinking while standing}. ‘Ahmad and Muslim transmitted it).

3748 – (And on authority of Qataadah, on authority of ‘Anas  {That the Prophet r rebuked drinking while standing; Qataadah said: ‘So what do we say about eating?’ He (‘Anas) said: ‘That is evil and more harmful’} ‘Ahmad, Muslim and at-Tirmithee transmitted it).

3749 – (And on authority of ‘Abu Hurayrah , he said: ‘The Messenger of Allah r said: {No one should drink standing, so whoever forgets let him throw it back up} Muslim transmitted it).

3750 – (And on authority ‘Ibn ‘Abbaas , he said: {The Prophet r drank zam-zam water standing} agreed upon).

3751 – (And on authority of the ‘Imam ‘Ali , that he drank standing in the courtyard of a masjid in al-Kuufah, he said: {Indeed people hate drinking while standing, and truly the Messenger of Allah r did exactly what I am doing} ‘Ahmad and al-Bukhaaree transmitted it).

3752 – (And on authority of ‘Ibn ‘Umar , he said: {We ate according to the guidance of the Messenger of Allah r and we did so while walking, and we drank while standing} ‘Ahmad and ‘Ibn Maajah transmitted it, and at-Tirmithee classified it as authentic (Saheeh)).

What is apparent regarding the prohibition (of the Prophet r from standing while drinking, hereon referred to simply as ‘the Prohibition’) in the narration of ‘Abu Sa’eed and ‘Abu Hurayrah  is that standing (while drinking) is prohibited especially after his saying: “So whoever forgets let him throw it back up”; so surely this shows how strong the prohibition is and that it reaches the level of legally prohibited; and rather the narration of ‘Ibn ‘Abbaas and ‘Alee  both show that it (standing while drinking) is allowed.

‘Ahmad compiled narrations on the topic not mentioned here, and ‘Ibn Hibbaan authenticated one on authority of ‘Abu Hurayrah  with the wording: {If he knew who was drinking (with him) while he stands, truly he would throw it back up} and from ‘Ahmad in a different manner on authority of ‘Abu Hurayrah  {that he r saw a man drinking while standing, so he r said: ‘Throw up!’; the man said: ‘Why?’; he r said: ‘Would it be easy for you to drink with a cat?’; the man said: ‘No’; he r said: ‘Truly one who is more evil than that is drinking with you (now), the Shaytan’}, and it is a transmission of Shu’bah, on authority of ‘Abu Zeeyad at-Tahhaan, the freed slave of al-Hasan bin ‘Alee t, and the name ‘Abu Zeeyad is not known, however Yahyaa bin Ma’een declared him trustworthy (Thiqah).

And about (this topic) from Muslim on authority of ‘Anas  {That the Prophet r rebuked drinking while standing}, al-Maaziree (one of the teachers of al-Qaadhee ‘Eeyaadh and authors of an expansion of Sahih Muslim) said: the people differed in this, so the majority came out with its’ permissibility and another group of people hated it, so some of our scholars said: ‘perhaps the prohibition is directed at those of his Companions that came with water and were keen on drinking while standing, while before they did so arbitrarily, and (the prohibition) was really aimed at people quenching their thirst according to their own conclusion’. Al-Maaziree said: ‘And so surely the narration implies the prohibition from eating while standing also, and there is no difference in the permissibility of eating while standing’ (and drinking while standing); he said: ‘And what is apparent to me is that the narrations of his drinking while standing show the permissibility (to do so), and the narrations of the prohibition are conveying its’ preference as well as urging it as the first (option) and more befitting’. Al-Maaziree also said: ‘And transmitting the command to throw it back up, if one drinks while standing, drives confusion (one whether) throwing up is its’ cure; and the statement of an-Nakhaa’ee supports it: ‘indeed he prohibited from (drinking while standing) on account that it ‘harms the stomach’.’

Expansion

And indeed ‘Eeyaadh spoke about the narrations of prohibition and said: ‘Surely Muslim comes out with a narration of ‘Abu Sa’eed and ‘Anas  from a pathway of Qataadah, and Shu’bah was cautious of the narration of Qataadah (especially) whenever he does not declare it with (the terminology of) narrating’. ‘Eeyaadh said: ‘Qataadah was confused in it whereof he weakened it by differing with another narration and the ‘Imams (differed) with him.

And as for the narration of ‘Abu Hurayrah , so in its chain is ‘Umar bin Hamzah, and no one aside from him transmitted this contrary wording, and the strongest opinion is that it is severed (Mawquuf).’ End of summary.

An-Nawawee said, in summary: ‘these narrations raised doubts for some ‘Ulamaa’ about the prohibition until they made false statements, and added to that until they dared and wished to weaken some of it; (I say this) not in order to publicize the errors, rather to mention what is correct and demonstrate a warning from the errors- there is no doubt about the narrations and there is no weakness, rather the correct view is that the prohibition is conveyed without lapse and his r drinking while standing (was intended as a) declaration of (its’) permissibility. And as for whoever alleged abrogation or other than it, so indeed he erred; so surely abrogation is not possible if one establishes the history, and if he r (stood while drinking) for clarifying the permissibility (of it), then one cannot also suggest in principle the ruling of doing so as disapproved of; so surely he was doing so to clarify one or more times and to insist upon the merits (of it), and the command to throw up is conveyed as a preference, so he preferred for whoever drank standing that he throw it back up due to this authentic narration; so indeed the command (to drink while sitting) was conveyed as preferred when it became impractical to convey it as legally obligatory.

And as for the statement of ‘Eeyaadh: ‘There is no difference between the people of Knowledge that whoever drinks standing is not (obligated) to throw up, and there is no covering oneself in weakening the narration with this; so even with what is implied by the people of knowledge not obligating throwing up (upon drinking while standing), this does not prevent it from being preferred; so whoever calls to preventing something preferred, in the agreement of the scholars, (this person) is reckless, and how can you abandon the authentic Sunnah with fancies, summons, and trivialities.

Al-Haafith said: ‘There is nothing in the speech of ‘Eeyaadh that resists (assuming) the preference (of drinking while sitting) as a basis, rather what he related is in agreement and indeed al-Maaziree concluded the same.

So An-Nawawee was not too preoccupied with whether ‘Eeyadh’s weakening of the narrations was correct. He said: ‘So as for the indicated weakening of the narration of ‘Anas  with the existence of the omission of Qataadah, so it necessitates that it be supported in itself in that (his connection to ‘Anas is) determined as a direct hearing, since he said: ‘We said to ‘Anas : ‘So eat…end quote’. And as for weakening the narration of ‘Abu Sa’eed  in that ‘Abu ‘Abbaas is not well-known, so it is a statement attributed to ‘Ibn al-Madeenee since no one transmitted it from him but Qataadah, rather at-Tabaree declared him trustworthy as well as ‘Ibn Hibbaan, and they called his confusions rejected, however al-‘Amash followed it up with a transmission from ‘Abu Saalih, on authority of ‘Abu Hurayrah  just as ‘Ahmad and ‘Ibn Hibbaan transmitted it, so the narration, in the sum of its pathways is authentic.

An-Nawawee and al-‘Iraaqee said in the expansion for at-Tirmithee: that his r saying: “so whoever forgets” is not understood, rather he preferred that as well for the support found in the first pathway; and indeed the specification of the one who forgets is mentioned since a believer would not do that after the prohibition reached him except by way of forgetting.

Al-Qurtubee said about the understanding: ‘No one declared the prohibition (to drink while standing) to be a legal prohibition, and if it was, the statement is based upon its’ apparent principles.’

And following them, ‘Ibn Hazm was absolutely certain about the (status of the command to drink while sitting as) a legal prohibition, and he pursued (with argument) whoever did not speak (about the matter in terms of) a legal prohibition when mentioning narrations regarding the issue.

And the issue (has various narrations, namely)

1) On authority of Sa’d bin ‘Abee Waqqaas , it came out from at-Tirmithee.
2) On authority of ‘Abd Allah bin ‘Anees , it came out from at-Tabaraanee.
3) On authority of ‘Anas , it came out from al-Bazzaar and al-‘Athram.
4) On authority of ‘Amriw bin Shu’ayb, on authority of his father, on authority of his grandfather , it came out from at-Tirmithee and he graded it ‘fair’.
5) On authority of ‘Aa’ishah, may Allah be pleased with her, it came out from al-Bazzaar and ‘Abu ‘Alee at-Tuusee in ‘al-‘Ahkaam’.
6) On authority of ‘Umm Sulaym, it came out from ‘Ibn Shaaheen.
7) On authority of ‘Abd Allah bin is-Saa’ib , it came out from ‘Ibn ‘Abee Haatim;

And drinking while standing is established on authority of ‘Umar , it came out from at-Tabaree; and (it is) in ‘al-Muwatta’ that ‘Umar, ‘Uthmaan, and ‘Alee  drank while standing; also, Sa’d  and ‘Aa’ishah, may Allah be pleased with her, did not see any harm in it, and license to do so is established on authority of a group of the Tabi’een.

And the ‘Ulamaa’ pursued in that (various) paths:

The first pathway is that they considered more likely that the narrations of permission are more established than the narrations of prohibition, and this is the path of ‘Abu Bakr al-‘Athram (a student of ‘Imam ‘Ahmad, he heard from ‘Ibn ‘Abee Shaybah and an-Nasaa’ee narrated from him), so he said: ‘(In one of the) narrations of ‘Anas  is a designation of the prohibition (and it) has a good chain, and also there is narration from him of its’ opposite, designating the permission,’ (al-‘Athram) said: ‘And from all the pathways there does not exist a narration indicating prohibition more established than the pathways indicating permission; the establishment of transmission over others is determined by (narrators) outweighing others, and indeed Naafi’ outweighs Saalim in some of the narrations on authority of ‘Ibn ‘Umar , and Saalim is put before Naafi’ in the establishment (of those who oppose this view), and Shareek is (wrongly) given precedence over ath-Thawree in two narrations, and (rather) Sufyaan is given preference over him in a number of narrations.’

And it is transmitted on authority of ‘Abu Hurayrah  that he said: ‘there is no harm in drinking while standing’, (al-‘Athram) said: ‘so it shows that the transmission from him indicated the prohibition is not established considering that he said: ‘there is no harm in it’, he said: ‘and it shows the weakness of the narrations indicating the prohibition; also the agreement of the ‘Ulamaa’ that it is not (required) for anyone drinking (in the prohibited fashion) that he has to throw it back up’.

The second pathway is the case of abrogation, which al-‘Athram and ‘Ibn Shaaheen leaned towards; so they determined that the narrations of prohibition, assuming they are established, are abrogated with the narrations of permission in the context of the actions of the Righteous Successors, the venerable Companions, and the Tabi’een in the permission (to drink standing).

And indeed ‘Ibn Hazm held the opposite view, so he claimed abrogation of the narrations of permission with the narrations of prohibition holding that the permission is more suited in principle, and the narrations of prohibition are established as a legal ruling, so whoever claimed the permissibility after the prohibition, then upon him is (to provide) the proof, so surely abrogation (as a rule) is not established with the mere possibility (of its’ being abrogated).

And some of them responded to that the narrations of permission are later and that they occurred from him  in his farewell Hajj, according to what was mentioned before in the narration on authority of ‘Ibn ‘Abbaas ; and since that was the last thing that he  did, it proves the permission, and is supported with the actions of the Righteous Successors.

The third pathway is the reconciling the (various) reports by means of interpreting them.

‘Abul-Faraj ath-Thaqafee said (regarding ‘standing’ while drinking): ‘The intention of ‘standing’ here is ‘walking’; it is as if I were to say I stood in some matter, when (actually) I was walking, or (if I were to say) I stood in my Hajj, when (actually) I performed Sa’iy in it and (whatever else from the rites), and from it is His saying, Exalted is He: {…Unless you stood over them demanding (the return of your trust)…} [‘Aali ‘Imraan: 75], meaning persisting in marching after him (not literally standing).

And at-Tahaawee inclined towards interpreting (the narrations) also, and he conveyed the prohibition to whoever (did not sit) while drinking, and it is as if he submitted to some of the wordings of the narrations, and not to the rest of them; and others took a path towards gathering what was conveyed in the narrations of prohibition as proof of the absolute disapproval and the narrations of permission are proof of that, and this is the pathway of al-Khattabee and ‘Ibn Battaal among others.

And al-Haafith said: and this is the best path of conduct, submitting to it, and farthest away from objection. And indeed al-‘Athram hinted to that as well.

So an-Nawawee said: ‘if the disapproval is established it is conveyed to foster guidance and refinement, not in order to legally prohibit something, and at-Tabaree determined that as well, and he supported it by saying that if it was allowed (in his  presence), then he  prohibited it, or if it was prohibited (in his  presence), then he  permitted it, in order for the Prophet  to show a clear proof, so when the reports are conflicting (in this way), we reconcile them like this.

And it is said: ‘Surely the prohibition (when conveyed) in this way, indeed it is from a sense of good health, fearing the occurrence of some harm; so if drinking while sitting is possible and farther away from the spread and occurrence of pain in the mid-section or throat, then all of that indeed is not believed (to occur simply from) drinking while standing.

Found in a statement: (The Prophet  drank zam-zam while standing) in the transmission of ‘Ibn Maajah from another direction on authority of ‘Aasim , (are the words) ‘…so I mentioned that to ‘Ikrimah, then he swore that he was on a riding beast at the time’.

And from ‘Abu Daawud is another direction on authority of ‘Ibn ‘Abbaas  that (The Prophet  made circumambulation around the Ka’bah on his she-camel, then he made the camel kneel down after his circumambulation, then prayed two Rak’atayn), so perhaps it was at this time that he drank zam-zam, before he returned to his she-camel and went out to as-Safaa; rather this (narration) contains the guts of (the argument); since the purpose of ‘Ikrimah in rejecting (the permission) was the existence of (proof) of his drinking while standing, indeed it is not established that the Prophet  made circumambulation, went out to as-Safaa, and made Sa’iy all upon his she-camel, rather there is no escaping from the interruption (of his being on his mount) for his making (the camel) kneel down for the circumambulation between that, and indeed it is established that he prayed the two (Rak’ah) on the earth, so how can the existence of his drinking at the time of quenching his thirst with zam-zam while standing be denied, just as what ash-Sha’bee preserved on authority of ‘Ibn ‘Abbaas ?

His statement (in a plain of al-Kuufah), the term ‘Rahbah’ with ‘fathah’ on the ‘raa’ unaccented, and a ‘fathah’ (merged with it): ‘means a place of vast expanse’, and ‘ar-Rahb’: with ‘sukuun’ unaccented: (means) ‘a stretch of empty land’ as well.

Al-Jawharee (the grammarian and linguist) said: ‘and from it is an expanse of land’, meaning ‘a stretch of empty land’, and ‘a ‘rahabah’ of the masjid’ with vocalization: is its’ ‘courtyard’.

And ‘Ibn at-Teen (al-Malikee, who wrote a famous expansion of Sahih al-Bukhaaree) said: ‘so upon this reading of the narration with ‘sukuun’, then it is assumed to be ‘an empty space in al-Kuufah’ (‘rahbat al-Kuufah’), in the courtyard of the masjid (‘rahbat il-masjid’); (so it is) read with vocalization and this is authentic, is (‘Alee’s) saying (‘he did just as I did’), meaning, ‘drinking while standing’, and al-‘Ismaa’eelee clarified it in its’ transmission, so he said: ‘what remains and is clear is that he drank while standing, just as I drank’.