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الفتح الربانی
Fath al-Rabbani
أبواب تحريم الخمر وحد شاربهاChapters on the Prohibition of Alcohol and the Punishment for Its Drinker
بَابُ حَدَ شَارِبِ الْخَمْرِ وَكَمْ يُضْرَبُ ؟ وَبِأَيِّ شَيْءٍ يُضْرَبُ؟Chapter: The Hadd for Drinking Alcohol, How Many Stripes, and With What Is He Beaten?
Hadith 6786
اُردوEn
عَنْ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ قَالَ: مَا مِنْ رَجُلٍ أَقَمْتُ عَلَيْهِ حَدًّا فَمَاتَ فَأَجِدُ فِي نَفْسِي إِلَّا الْخَمْرَ، فَإِنَّهُ لَوْ مَاتَ لَوَدَيْتُهُ لِأَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ لَمْ يَسُنَّهُ
It is narrated from Ali (may Allah be pleased with him), he says: When I establish a hadd punishment on a person and he dies, I will not grieve, except in the case of the hadd for drinking wine. If someone dies during this hadd, then I will pay his blood money, because the Noble Prophet (peace and blessings be upon him) did not specify its hadd.
Brief Explanation
Benefits: … Unlike other prescribed punishments (hudud), the punishment for drinking alcohol (hadd al-khamr) was not specifically determined, which is why Sayyiduna Ali radi Allahu anhu gave this opinion, and this is what caution demands. The reality is that during the time of the Noble Prophet sallallahu alayhi wa sallam, there was no fixed punishment for the drinker of alcohol. Punishment would be administered with a stick, shoes, or clothing; however, it is correct that on one occasion, a maximum of forty lashes were given. Observing this, Sayyiduna Abu Bakr radi Allahu anhu maintained the law of forty lashes, then Sayyiduna Umar radi Allahu anhu, after consultation with the senior Companions, increased the punishment up to eighty (80) lashes. Sayyiduna Ali radi Allahu anhu’s opinion was marked by great foresight: since the drinker of alcohol utters slanderous and false statements, he should be given the punishment prescribed for slander (qadhf).
