Fataawaa Concerning Tobacco and Cigarettes (1): The Fatwaa of Shaykh Muhammad bin Ibraaheem Aal-ish-Sheikh (Rahimahullaa

[Shehzad Sattar]

Fataawaa Concerning Tobacco and Cigarettes (1):

The Fatwaa of Shaykh Muhammad bin Ibraaheem Aal-ish-Sheikh (Rahimahullaah) Regarding Smoking Cigarettes

Foreword

Verily all praise is for Allah, we praise and thank Him, seek His aid, and seek His forgiveness. Whosoever Allah guides, none can misguide, and whoso ever Allah misguides, there is none to guide. And may the Peace and blessings of Allah be upon His last messenger, our Prophet Muhammad, and upon all his family and companions.

To proceed:

Indeed we are living in a time of great confusion, where the truth is mixed with falsehood; in which none can distinguish between the two except for those Allah has given the criterion. Allah says,

“O you who believe, if you have taqwaa[1] of Allah, He will give you a criterion (to differentiate between truth and falsehood) ...”
[Surah al-Anfaal (8):29]

And from the matters in which many are confused is the tobacco that has become so rampant in our times. Its trial has afflicted many people, even those that we might consider to be from amongst the righteous, so much so that we even see them indulging in it in the open, not perceiving its great harm to their religion and health.

Also, a great disservice has been done by those who call them-selves scholars, confusing people and not clarifying to them the ruling concerning this tobacco, giving excuse that there are no clear evidences to be found establishing its prohibition. If we were to accord to this reasoning, one would find that we would not then be able to give judgment in many other matters in the religion, for Allah, out of His infinite Wisdom, has given general rulings which allow us to judge specific matters, thus making His religion the ultimate source of legislation for all matters, in this world and the next, until the end of time.

Anyone who has the slightest understanding of Islam and its sources has no doubt concerning its permissibility, but others’ reasoning has been corrupted because of adhering to false notions, like blind following, so much that their intellect ceases to function, not being able to perceive anything other than the opinion of the one they follow.

So it is upon those whom Allah has given the Tawfeeq[2] to understand the religion to break the shackles of ignorance and blind following, and to clarify to people the reality of tobacco which is so lightly taken by many today.

For this reason, we felt it necessary that the fataawaa[3] of scholars whom Allah has chosen not to be victims of this ignorance be known, to clarify to all the prohibition of this evil and repulsive habit, and to be from amongst those who give victory to His religion, not fearing the blame of those who blame. May Allah reward all those who helped publishing this work, and reward them with whatever good results from it, Ameen.

Footnotes:

Taqwaa: a state in which one avoids all which Allah forbids and does all He commands.
Tawfeeq: Success from Allah in doing the right thing.
Fataawaa: Plural of Fatwaa, which means a legal verdict in the religion.



The Fatwaa of Sheikh Muhammad bin Ibraaheem Aal-ish-Sheikh (May Allah have Mercy on him) regarding Smoking Cigarettes

All praise is due to Allah alone, and may the Peace and Blessings of Allah be upon Muhammad, the last of the prophets.

I was asked about the ruling concerning tobacco, in which many ignorant and foolish people are enamoured, in spite of the fact that every person knows that we have stated its prohibition. We, our scholars and teachers, their teachers, and all the truth-seeking scholars from the leaders of the Da’wah[1] of the Najd[2] and the rest of the Muslim world, from the time of its onset around 1010 AH until this day, have stated its prohibition, all basing their evidence from the principles of the religion and observation.

For this reason, I had at first felt that it was not appropriate to answer this question, but since it was the due right of the questioner, and since this khabeeth[3], as one would never expect, has become so prevalent, I decided to proceed in answering it.

So I say:

There is no doubt that cigarettes are something khabeeth and putrid, and that at times they have intoxicating attributes, while at other times they act as a sedative. Its prohibition is based upon authentic texts from the Qur'an and Sunnah[4], sound reasoning, and also from the statements of physicians and others who are well informed in its regard.

The first: Authentic sources.

Allah (The Mighty & Majestic) says in the Qur'an,

“And those who follow the Messenger, the Prophet who can neither read nor write, whom they find written with them in the Tawraah (Torah) and the Injeel (Gospels), ordering them with al-ma’roof (all things ordained by Islam), and prohibiting them from al-munkar (all things prohibited by Islam) , and allows for them at-tayyibaat (all things good and pure) and prohibits them al- khabaa'ith...”
[Surah al-A’raaf (7): 157]


It has been related in a hadeeth[5] in Saheeh al-Bukhaari, on the authority of ‘Umar (RadhiAllahu Anhu), who said that the Prophet (ﷺ) said,

“Every intoxicant is considered khamr (wine) and every khamr is haraam (impermissible).”

and in the wording of Muslim,

“...and every intoxicant is haraam.”

It has also been related by Tirmidhi (which he stated as a hasan[6] hadeeth) and Abu Dawud:

“Every intoxicant is haraam, and anything of which a large amount intoxicates, even a small amount is haraam.”

All of these noble ayaat and authentic ahaadith establish its prohibition, for at times this khabeeth is an intoxicant, and at other times a sedative, and none object to this fact except those who reject the reality of their senses. Without any doubt, these texts also confirm the prohibition of all other types of intoxicants and sedatives.

It has been related by Imaam Ahmad and Abu Dawud on the authority of Umm Salamah, may Allah be pleased with her, that she said:

“The Messenger of Allah (ﷺ) prohibited every intoxicant and sedative.”

Al-Hafidh, az-Zain al-‘Iraaqi said,

“Its isnaad[7] is saheeh[8],” and as-Suyuti also declared it to be saheeh in his book, Al-Jaami’-us Saheeh.”

Smoking also involves wastage of money, causing the smoker to sacrifice many essentials of life in its acquisition, and none can object to this reality.

In a hadeeth found in the Saheehayn[9], the Prophet (ﷺ) said:

“Verily Allah has made forbidden for you: disobedience to parents, burying alive of daughters, and demanding your rights while not giving to others, and He has hated[10] for you: vain talk, persistent questioning[11], and squandering of money.”

What will follow from the statements of the forerunners of the four madhaahib[12] will clarify what was intended here by the Prophet (ﷺ).

From the fuqahaa'[13] of the Hanafiyyah[14], Sheikh Muhammad al-‘Ayni mentioned in his treatise that there were four factors that lead to its prohibition:

1. Statements of physicians and others who have knowledge in this issue have confirmed that smoking is detrimental to one’s health, and all things that are harmful to one’s health are prohibited by the consensus of the scholars.

2. Physicians consider it a drug, and all drugs are prohibited in the religion. This is established from the hadeeth of Imaam Ahmad on the authority of Umm Salamah, may Allah be pleased with her, that she said,

“The Messenger of Allah (ﷺ) prohibited every intoxicant and sedative.”

It is considered a sedative by the unanimity of physicians, and their statements are considered an evidence by the consensus of the fuqahaa from both the earlier and later generations.

3. Its repugnant odour that offends others who do not smoke, particularly in gatherings of prayer. In fact, it displeases the angels as well. It has been related in the Saheehayn on the authority of Jaabir (RadhiAllahu Anhu), that the Prophet (ﷺ) said:

“Whoever has eaten garlic or onion is to keep away from us and our masaajid[15] and is to keep to his house.”

It is a matter of fact that the odour which emanates from cigarettes is not less displeasing than the odour of garlic or onions. In another hadeeth in the Saheehayn, also on the authority of Jaabir (RadhiAllahu Anhu), the Prophet (ﷺ) said:

“The angels are irritated by what humans are irritated by.”

In another hadeeth, the Propht (ﷺ) said:

“Whoever causes distress to a Muslim has caused me distress, and whoever causes me distress has caused distress to Allah.” [Related by at-Tabaraani in al-Awsat on the authority of Anas (RadhiAllahu Anhu) with a hasan isnaad.]

4. It is a waste and excessiveness, for it does not contain any permissible benefit, nor is it devoid of harm. Rather, according to the people knowledgeable in this field, there is genuine harm in it.

And from them is Abul-Hasan al-Misri al-Hanafi who said the following:

Evidences from authentic traditions and deductions from sound intellect decree the prohibition of smoking.

It first appeared around the year 1000 AH in the lands of the Jews, Christians, and Zoroastrians (Majoos). It was brought over to the Western lands of Islam (al-Maghrib) by a Jew, claiming to be a man of medicine, who invited people to partake in it. The first person to import it to Ar-Rum[16] was a person named Ataclean, a Christian.

The first person that grew it in the lands of the Sudan was a Zoroastrian (Majoos). It was then brought over to Misr[17], Hijaaz[18], and the rest of the lands.

Indeed Allah has prohibited every intoxicant. If one argues that it is not an intoxicant, it still acts as an analgesic, sedating the smoker’s whole body, internally and externally. Intoxication is any type of obscuration of the mind, even if it is not associated with pleasure, and there is no doubt that this occurs when one consumes a cigarette for the first time. But if he still does not conform to the fact that it is in fact an intoxicant, it does remain an analgesic and a sedative.

It has been related by Imaam Ahmad and Abu Dawud on the authority of Umm Salamah, may Allah be pleased with her, that she said,

“The Messenger of Allah (ﷺ) prohibited every intoxicant and sedative.”

The scholars have stated that a sedative is anything that causes sedation and narcotizes the extremities. This hadeeth should well suffice as evidence for its prohibition, but to add to this, smoking causes much detriment to the consumer’s body and soul: it corrupts the heart, enfeebles strength, and causes a yellowness in the smoker’s colour.

Physicians agree that it is detrimental. It causes harm to a person’s body, character, honour, and financial condition. This is because it resembles the action of the transgressors, for the majority of the people who smoke are the disobedient and the vile. The smoker also acquires a detestable odour.

Amongst the fuqahaa’ of the Hanaabilah[19], Sheikh Abdullah bin Muhammad bin Abdul-Wahhaab, after mentioning the textual evidence regarding the prohibition of intoxicants and the statements of the scholars concerning its definition, said the following in his response to tobacco:

And from what we have mentioned from the statements of the Messenger of Allah (The Mighty & Majestic) and the statements of the scholars, it should now be obvious to you that the tobacco which has become prevalent in this time is strictly prohibited. And it has been established by countless sources and witnesses that it does indeed intoxicate at times, especially if it is consumed in a large quantity. Likewise, if the smoker ceases to consume it for a day or two and then takes to it again, it intoxicates and affects the mind to the extent that the smoker could pass gas in front of people without even knowing it! We seek refuge in Allah from this type of humiliation.

So it is not befitting for the one who believes in Allah and the Last Day that he looks to the saying of any other if the sayings of Allah and His Messenger have become clear to him in the likes of these issues, as the testimony that ‘Muhammad (ﷺ) is the Messenger of Allah’ constitutes obeying what he commanded, refraining from all that which he prohibited and admonished, and believing in everything he informed us.

Sheikh Abdullah Ababtayn said the following in his response to tobacco:

What we believe is that it is prohibited, and the reason for this is twofold:

The first reason is that if the smoker were to cease to smoke for a period and then take to it again, or if he smokes a large amount, it results in intoxication. If it does not result in intoxication, it does result in analgesia and sedation. In a marfoo’[20] hadeeth related by Imaam Ahmad:

“The Messenger of Allah (ﷺ) prohibited every intoxicant and sedative.”

The second is that it is repulsive to those who are not accustomed to smoking, and the scholars have based their evidence on the saying of Allah (The Mighty & Majestic),

“And He prohibits them al-khabaa'ith.”
[Surah al-A’raaf (7): 157]

But as for those who are habituated to it, they do not perceive it to be khabeeth, just as a dung beetle does not perceive the repulsiveness of excrement.

And from the fuqahaa’ of the Shaafi‘iyyah[21], the scholar known as Sheikh Najm al-Ghazzi ash-Shaafi’i stated the following:

Tobacco first appeared in Dimishq[22] in the year 1015 AH. The smoker claimed that it did not intoxicate. Even if we were to yield to this notion, it is still a sedative. It is just as well prohibited due to the hadeeth related by Ahmad, on the authority of Umm Salamah, may Allah be pleased with her:

“The Messenger of Allah (The Mighty & Majestic) prohibited every intoxicant and sedative.”

He went on to say:

To consume it once or twice is not regarded as being of the greater sins (al-kabaa'ir), except if one were to be persistent in it, and the same principle applies to the rest of the smaller sins (as-saghaa'ir).

Scholars have mentioned that smaller sins have the same ruling as the greater sins if they consist of any one of the following characteristics:

1) That one be persistent in it.

2) That importance not be paid to its magnitude, by lessening its significance and not having concern for it.

3) That one be content or appeased by it.

4) That one boast of it to people.

5) For it to ensue from a scholar or anyone else who is taken as an example by others.

Sheikh Khalid bin Ahmad from the fuqahaa' of the Maalikiyyah[23] responded by stating the following:

The Imaamah[24] of the one who smokes tobacco is not permissible, and like any other intoxicant, its trade is not permissible either.

The following are some other scholars who have prohibited tobacco and stated its impermissibility:

1) From the scholars of Misr: Sheikh Ahmad as-Sanhouri al-Bahooti al-Hanbali.

2) From the scholars of al-Maghrib: Abul-Ghaith al-Qashshaash al-Maaliki.

3) From the scholars of Dimishq: an-Najm al-Ghazzi al-Aamiri ash-Shaafi’i.

4) From the scholars of Yemen: Ibraheem bin Jumu’aan and his pupil, Abu Bakr al-Ahdal.

5) From the scholars of the Haramain[25]: Al-Muhaqiq Abdul-Malik al-cIsaami and his student Muhammad bin Al-laan, the commentator of Riyaadh us-Saaliheen, and As- Sayyid ‘Umar al-Basri.

6) From the lands of the Rum: Sheikh Muhammad al- Khawaajah, ‘Eesaa al-Shahaawi al-Hanafi, Makki bin Farukh, As-Sayyid Sa’d al-Balkhi al-Madani, and Muhammad al-Barazanji al-Madani ash-Shaafii.

He also added:

I saw someone who was smoking at the time of his death. Those around him were saying to him, “Say Laa ilaaha ill-Allah,” but instead, he said, “This cigarette is great!”

All these scholars of the Ummah and the greatest of Imaams stated its impermissibility, and prohibited partaking in it in any way.



The second: Sound intellect.

From direct observation and countless attestations, we come to know that it is detrimental to one’s health, body, and mind. Death, unconsciousness, and arduous diseases, such as coughing which leads to tuberculosis, cardiac arrest, and contraction of the blood vessels have all been witnessed as a result of smoking.

When one sees these and other results of smoking, they become firm in their conviction that smoking is strictly impermissible. As sound intellect decrees that one endeavour to attain that which contains benefit and results in sound health, it also decrees that one be far removed from that which causes detriment, as it decrees its prohibition.

And there can be no consideration given to those whose doubts and desires have taken root in the organs of their reasoning, until they are bewitched by false theories and notions, and they are left prisoners of their own desires.



The third: Assertions of physicians.

The earliest of physicians are in agreement of the great harm found in cigarettes. One can find that they warned against three main factors:

1) Its detestable odour,

2) Its ashes,

3) Its smoke and fumes, their books being permeated in discourse of this factor.

Contemporary physicians are also well aware of this khabeeth plant, and we will summarize what they have mentioned of its harm and its constituents that cause it.

The synopsis of what they said is as follows:

It is a leafy plant, an analgesic sour to the taste. After due investigation and observation, we have come to know that tobacco is of two kinds, both belonging to family of some of the most poisonous plants, like henbane. It is comprised of potassium and ammonium salts, and another substance called nicotine.

It is utilized in different manners:

1. The first is by chewing it in the mouth, and this is the most harmful and detestable. Its analgesic effects are strong: its poisonous substances are quickly absorbed through the intestines and have a heavy effect on the nervous system.

2. The second is by inhaling it along with other stimulants. Because it comprises of various poisonous substances, it is harmful as well.

3. The third is by burning and smoking it, the most common of which is a cigarette, though it is also smoked through pipes and water pipes. In all of these methods, the smoke reaches the mouth in a state of high temperature.

Physicians have affirmed that it causes tremendous harm. Its constituents first settle in the body, and then its harm gradually becomes apparent over time. They have mentioned that the smoke that rises from the leaves of the tobacco contains numerous toxic substances, such as nicotine. When it enters the mouth and the lungs, it has both a general and a localized effect; when it enters the mouth, the poisonous substances found in it irritate the mucous membrane, causing an increased amount of saliva to be secreted. The chemical composition of the saliva is changed in that its digestive properties are decreased. Similarly, it also affects the secretions of the stomach, causing digestive problems. When the smoke reaches the lungs by way of the larynx, the poisonous substances increase its secretions, possibly leading to chronic inflammation. The larynx is irritated resulting in cough, by which it tries to dislodge the large amount of accumulated secretions, commonly known as phlegm. Smoking also causes disruption of the pulmonary arteries and other incurable diseases of the chest. Traces of the smoke (tar) are deposited on the inside of the tra-chea and the heart, putting pressure on its openings and decreasing the inflow of oxygen, thus resulting in shortness of breath.

Cigarettes also causes dizziness, vertigo, headache and vomiting in those who are not used to it and those who smoke for the first time. It also causes flaccidity of the muscles and drowsiness, which are tantamount to sedation, an inherent property of tobacco by consensus. Whoso ever becomes habituated to it is afflicted with many adversities, like adulteration of taste, digestive conditions, and loss of appetite, all of which are clear and obvious results.

Excessive smoking unquestionably leads to death, whether over a period of time or instantaneously. This actually occurred in a situation when two brothers placed a bet as to who could smoke more. One of them died before the seventeenth cigarette, while the other died before he completed the eighteenth!

Smoking also causes damage to the red blood cells, interference in the regularity of the heartbeat, loss of appetite, and de-escalation of the general vitality of the nervous system, which is quite apparent from the analgesia and vertigo that ensues after its consummation by one not habituated to it.

Professor Mustafa Hamaami once narrated an incident that took place:

One day I was walking with a student, when we came across someone selling cigarettes. The student bought two from him. He lit one of them, and made a solemn oath that I would try the other. So I smoked the cigarette; I drew in its smoke and exhaled from my mouth, without fully inhaling it. He took note of it and said, “Inhale what you draw in, for that is what my oath was.” I did not stop myself and did what he said. I took one breath, and by Allah, I did not increase more than that when everything started spinning around me like a spinning mill! I immediately sat on the ground, and I thought that this would be the end. I had now started to think bad thoughts about my companion. With great difficulty, I arrived at my residence. I arrived by car, and he was there helping me. After that, I stayed at home until about the end of the next day, until I did not feel the way I felt before. I told this incident to many people, exposing what was hidden from me regarding cigarettes. They informed me that cigarettes have this effect on everyone not used to it. I said, “If one breath did all this to me , then what about those who are used to it, while not a day passes and he smokes, especially those that do it excessively!”

Smoking also causes a psychological disorder known as withdrawal, in which an addicted person, if he tries to forsake it, is not able to function properly and cannot even perform his day-to-day affairs until he smokes, and when he does smoke, his condition returns to normal.

Many leading scholars and physicians have mentioned that sound intellect, let alone the religion, calls to the obligation of preserving health and preventing diseases that lead to death by abstaining from smoking. This is eve n more particular to those weak in body, the elderly who do not have the power to resist dis eases, and those who have a disposition to phlegm related disorders.

And for this reason, many people try to leave it, fearing its harmful effects and its detestable odour. They even say that they will divorce their spouses if they return to it, intending by that to finally give it up, but when their need for it overcomes them, they are not able to abstain. They take to it again, even if it entails divorcing their spouses, for it takes full control of the one addicted to it and affects his mind by calming him in times of frustration and anger.

And Allah knows best.

And may the Peace and Blessings of Allah be upon His slave and messenger Muhammad, and upon all his family and companions.

Muhammad bin Ibraaheem bin Abdul-Lateef Aal-ish-Sheikh

4/6/1383AH

Footnotes

1. Da’wah: The call to Islam, He re, it me ans the da’wah of Muhammad bin Sulaymaan at-Tameemi.
2. Najd: The central part of what is known today as Saudi Arabia.
3. Kabeeth, pl. khabaa'ith: Literally, anything found repulsive. In religious terms, anything repulsive, evil, and unlawful, i.e. things, deeds, beliefs, persons and food. Kubth: repulsiveness.
4. Sunnah, pl. Sunan: The Speech, Deeds and tacit approvals of the Prophet (ﷺ).
5. Hadeeth, pl. ahaadeeth: A narration of the speech, deeds, affirmations, or characteristics of the Prophet (ﷺ).
6. Hasan: An authentic hadeeth, but one that does not reach the status of saheeh.
7. Isnaad: The chain of narrators which report a particular hadeeth.
8. Saheeh: A hadeeth of the highest category of authenticity.
9. Saheehayn: Literally, the two Saheehs. al-Bukhaari and Muslim, the two most authentic books of hadeeth, and the only two books of the six most common books of hadeeth, al-Bukhaari, Muslim, Abu Dawood, an-Nasaa'i, ibn . Maajah and at-Tirmidhi, in which the authors Muhammad bin Isma'eel al-Bukhaari and Muslim bin Hajjaaj an-Niaspuri, intended to include only the most authentic of ahaadeeth.
10. Imaam an-Nawawi stated in his explanation of Saheeh Muslim, "The scholars have stated that what is meant by pleasure, anger and hated from Allah is His commanding or prohibiting it, and his reward and punishment." Also in the Qur'an, after Allah mentions some of the greatest sins, i.e. fornication, murder and the killing of children, He describes them as being hated by Him,
"All these are evil and hateful in the Sight of you Lord."
[Surah al-Israa' (17):38]

11. The type of question which is of no use.
12. Madhaahib: Plural of madhhab or a school of thought.
13. Fuqahaa': Plural of Faqeeh, or a scholar of fiqh, or Islamic jurisprudence.
14. The school of thought which attributes itself to Abu Haneefah, may Allah have mercy on Him.
15. Masaajid: Plural of Masjid. A place specifically built for the worship of Allah.
16. Ar-Rum: The area in which today lies Turkey and its surroundings.
17. Misr: The land known today as Egypt.
18. Hijaaz: The western part of what is known today as Saudi Arabia.
19. The school of thought which attributes itself to Ahmad bin Hanbal, may Allah have mercy on Him.
20. Marfoo’: A hadeeth of the Prophet (ﷺ), or a hadeeth of a Sahabah which is given the same ruling, because of the fact that he mentioned the Prophet (ﷺ), or of the impossibility of it being said of his own accord.
21. The school of thought which attributes itself to Muhammad bin Idrees ash- Shaafi’i, may Allah have mercy on Him.
22. Dimishq: The city known today as Damascus.
23. The school of thought which attributes itself to Malik bin Anas, may Allah have mercy on Him.
24. Imaamah: The role of leadership in the prayer.
25. Al-Haramain: Literally: the two sanctuaries: Makkah and Madinah.

Download PDF version from here: https://www.dropbox.com/sh/64xydvec0paq ... FwzRa?dl=0

Also view other fatawaa on this topic by clicking on the relevant links below:

The Fatwaa of Sheikh Abdur-Rahmaan bin Naasir as-Sa’di (Rahimahullaah)
He is the Shaykh of Shaykh Muhammad bin Saalih al'Uthaymeen (Rahimahullaah)

The Fatwaa of Shaykh Abdul-Azeez bin Baaz (Rahimahullaah)