Narrated Muawiyah ibn Abu Sufyan: The Prophet ﷺ said: If they (the people) drink wine, flog them, again if they drink it, flog them. Again if they drink it, kill them.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Imam Tirmidhi rahimahullah writes in the Book of ‘Ilal that there is consensus among the scholars regarding the abrogation (mansukh) of this hadith, i.e., that it is no longer acted upon.
And the interpretation (ta’wil) of this hadith is that what is meant is severe beating.
And the next hadith (4485) is considered its abrogator (nasikh).
‘Allamah Zayla’i rahimahullah, referencing Ibn Hibban, has written that the ruling of killing is for the one who considers it lawful (i.e., denies its prohibition) and does not accept its prohibition.
(‘Awn al-Ma‘bud)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4482