Chapter: Regarding the hadd (punishment) for drinking khamr.

Narrated Abdullah ibn Abbas: The Prophet ﷺ did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet ﷺ. When he was opposite al-Abbas's house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet ﷺ, he laughed and said: Did he do that? and he gave no command regarding him. Abu Dawud said: This tradition of al-Hasan bin Ali has been transmitted only by the people of Madina.

Abu Hurairah said: When a man who had drunk wine was brought to the Messenger of Allah ﷺ, he said: Beat him. Abu Hurairah said: Some struck him with their hands, some with their garment. When he turned his face, some people said: Allah put you shame! The Messenger of Allah ﷺ said: Do not say like that and help the devil to get power over him.

The tradition mentioned above has also been transmitted by Ibn al- Had through a different chain of narrators to the same effect. He said after the word “beating”: The Messenger of Allah ﷺ then said to his Companions: Reproach him, and they faced him and said: You have not respected Allah, you have not feared Allah and you have not shown shame before the Messenger of Allah ﷺ. Then they released him. Some have also added similar words.

Anas bin Malik said: The Prophet ﷺ gave a beating with palm-branches and sandals for drinking wine and Abu Bakr gave lashes. When Umar came to power, he called upon people and said to them: The people are living now near watering placing, and, according to Musaddad’s version, “near villages and watering places, so what do you say about the punishment for (drinking) wine? Abdur-Rahman bin Awf said: We think that you should prescribe the lightest punishment. So he fixed eight lashes for it. Abu Dawud said: It has also been transmitted by Ibn Al 'Arubah from Qatadah from the Prophet ﷺ to the effect that he gave a beating forty times with palm branches and sandals. And Shubah narrated it from Qatadah on the authority of Anas from Prophet ﷺ. This version has: He gave a beating with two palm-branches about forty times.

Hudayn ibn al-Mundhir ar-Ruqashi, who was Abu Sasan, said: I was present with Uthman ibn Affan when al-Walid ibn Uqbah was brought to him. HUmran and another man bore witness against him (for drinking wine). One of them testified that he had seen him drinking wine, and the other testified that he had seen him vomiting it. Uthman said: He could not vomit it, unless he did not drink it. He said to Ali: Inflict the prescribed punishment on him. Ali said to al-Hasan: Inflict the prescribed punishment on him. Al-Hasan said: He who has enjoyed its pleasure should also bear its burden. So Ali said to Abdullah ibn Jafar: Inflict the prescribed punishment on him. He took a whip and struck him with it while Ali was counting. When he reached (struck) forty (lashes), he said: It is sufficient. The Prophet ﷺ gave forty lashes. I think he also said: "And Abu Bakr gave forty lashes, and Uthman eighty. This is all sunnah (standard practice). And this is dearer to me. "

Narrated Ali ibn Abu Talib: The Messenger of Allah ﷺ and Abu Bakr gave forty lashes for drinking wine and Umar made it eighty. And all this is sunnah, the model and standard practice. Abu Dawud said: Al-Asmai explaning the maxim, "He who enjoys its cold should bear its heat, " said: He who enjoys the easy if it should also take the responsibility of the hard of it. Abu Dawud said: Hudain bin al-Mundhir Abu Sasan was the leader of his tribe.