صحيح البخاري
Bukhari
كتاب الحدودThe Book of Al-Hudud
بَابُ الضَّرْبِ بِالْجَرِيدِ وَالنِّعَالِ:Chapter. Beating with stalks of date-palm leaves and shoes.
Hadith 6779
اُردوEn
حَدَّثَنَا مَكِّيُّ بْنُ إِبْرَاهِيمَ ، عَنْ الْجُعَيْدِ ، عَنْ يَزِيدَ بْنِ خُصَيْفَةَ ، عَنْ السَّائِبِ بْنِ يَزِيدَ ، قَالَ : " كُنَّا نُؤْتَى بِالشَّارِبِ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَإِمْرَةِ أَبِي بَكْرٍ ، وَصَدْرًا مِنْ خِلَافَةِ عُمَرَ ، فَنَقُومُ إِلَيْهِ بِأَيْدِينَا ، وَنِعَالِنَا ، وَأَرْدِيَتِنَا حَتَّى كَانَ آخِرُ إِمْرَةِ عُمَرَ ، فَجَلَدَ أَرْبَعِينَ حَتَّى إِذَا عَتَوْا وَفَسَقُوا جَلَدَ ثَمَانِينَ " .
Narrated As-Sa'ib bin Yazid: We used to strike the drunks with our hands, shoes, clothes (by twisting it into the shape of lashes) during the lifetime of the Prophet, Abu Bakr and the early part of `Umar's caliphate. But during the last period of `Umar's caliphate, he used to give the drunk forty lashes; and when drunks became mischievous and disobedient, he used to scourge them eighty lashes.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Thus, the final punishment for the one who drinks alcohol is to be flogged with these lashes.
Thus, the final punishment for the one who drinks alcohol is to be flogged with these lashes.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6779
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The age of Sā’ib bin Yazīd radi Allahu anhu was six years during the blessed era of the Messenger of Allah sallallahu alayhi wa sallam.
It is possible that he participated in the beating of the drunkard along with his father, uncle, and other elders; therefore, attributing the act of beating to himself would be based on reality.
(2)
Hafiz Ibn Hajar rahimahullah has written that there are six opinions among the scholars of the Ummah regarding the prescribed punishment (hadd) for the drunkard:
The preferred opinion is that the Messenger of Allah sallallahu alayhi wa sallam did not prescribe any fixed hadd for it; rather, the drunkard was beaten according to the situation and was shamed, and it sufficed to disgrace him.
If any fixed hadd had been prescribed in this regard, it would have been clearly stated.
When this evil became widespread during the caliphate of Umar radi Allahu anhu, he consulted the noble Companions radi Allahu anhum and set forty (40), then eighty (80) lashes. Those who were consulted did not present any statement or action from the Messenger of Allah sallallahu alayhi wa sallam, but rather gave their advice based on reason and opinion.
(3)
This also appears to be the inclination of Imam Bukhari rahimahullah, because he did not establish any chapter heading regarding the number of lashes, nor did he mention any marfu‘ hadith specifying the number. Therefore, one should suffice with what is established from the Messenger of Allah sallallahu alayhi wa sallam.
At most, the decision of Umar radi Allahu anhu can be acted upon so that people may refrain from indulging in this mother of all evils.
(Fath al-Bari: 12/91)
(1)
The age of Sā’ib bin Yazīd radi Allahu anhu was six years during the blessed era of the Messenger of Allah sallallahu alayhi wa sallam.
It is possible that he participated in the beating of the drunkard along with his father, uncle, and other elders; therefore, attributing the act of beating to himself would be based on reality.
(2)
Hafiz Ibn Hajar rahimahullah has written that there are six opinions among the scholars of the Ummah regarding the prescribed punishment (hadd) for the drunkard:
The preferred opinion is that the Messenger of Allah sallallahu alayhi wa sallam did not prescribe any fixed hadd for it; rather, the drunkard was beaten according to the situation and was shamed, and it sufficed to disgrace him.
If any fixed hadd had been prescribed in this regard, it would have been clearly stated.
When this evil became widespread during the caliphate of Umar radi Allahu anhu, he consulted the noble Companions radi Allahu anhum and set forty (40), then eighty (80) lashes. Those who were consulted did not present any statement or action from the Messenger of Allah sallallahu alayhi wa sallam, but rather gave their advice based on reason and opinion.
(3)
This also appears to be the inclination of Imam Bukhari rahimahullah, because he did not establish any chapter heading regarding the number of lashes, nor did he mention any marfu‘ hadith specifying the number. Therefore, one should suffice with what is established from the Messenger of Allah sallallahu alayhi wa sallam.
At most, the decision of Umar radi Allahu anhu can be acted upon so that people may refrain from indulging in this mother of all evils.
(Fath al-Bari: 12/91)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6779
