Toggle above to switch between keyword search and direct hadith lookup
Hadith 1065
اُردوEn
وعن معاوية رضي الله عنه عن النبي صلى الله عليه وآله وسلم أنه قال في شارب الخمر : « إذا شرب فاجلدوه ثم إذا شرب الثانية فاجلدوه ثم إذا شرب الثالثة فاجلدوه ثم إذا شرب الرابعة فاضربوا عنقه » . أخرجه أحمد وهذا لفظه والأربعة وذكر الترمذي ما يدل على أنه منسوخ . وأخرج ذلك أبو داود صريحا عن الزهري.
Mu'awiyah (RAA) narrated that the Messenger of Allah (ﷺ) said regarding the one who drinks alcohol, 'If he drinks (for the first time) flog him, then if he drinks for the second time flog him, then if he drinks for the third time flog him then if he drinks for the fourth time you should kill him." Related by Ahmad and the wording is his. It is also transmitted by the four Imams. At-Tirmidhi mentioned what indicates that it is abrogated, but Abu Dawud reported it clearly on the authority of Az-Zuhari.
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الحدود، باب إذا تتابع في شرب الخمر، حديث:4482، والترمذي، الحدود، حديث:1444، وابن ماجه الحدود، حديث:2573، والنسائي في الكبرٰي:3 /256، حديث:5299، وأحمد:4 /96، 101،389.»©Explanation:
➊ Except for a few literalists (Ahl al-Zahir), all jurists (fuqaha) are of the opinion that this hadith is abrogated.
➋ In comparison to shedding blood, following and emulating the Messenger of Allah (sallallahu alayhi wa sallam) in preserving life is better and more preferable.
➌ In other hadiths, it is explicitly stated that after this command, the Prophet (sallallahu alayhi wa sallam) did not execute anyone for drinking alcohol a fourth time; he sufficed with the punishment of lashes only.
From this, it is understood that the command "faqtuluhu" (so kill him) or "fadribu unuquhu" (strike his neck) is either abrogated or was meant as a severe warning and rebuke.
➍ Imam Shafi'i (rahimahullah) has said that, by consensus, there is no circumstance in which the punishment for a person who drinks alcohol is death.
«أخرجه أبوداود، الحدود، باب إذا تتابع في شرب الخمر، حديث:4482، والترمذي، الحدود، حديث:1444، وابن ماجه الحدود، حديث:2573، والنسائي في الكبرٰي:3 /256، حديث:5299، وأحمد:4 /96، 101،389.»©Explanation:
➊ Except for a few literalists (Ahl al-Zahir), all jurists (fuqaha) are of the opinion that this hadith is abrogated.
➋ In comparison to shedding blood, following and emulating the Messenger of Allah (sallallahu alayhi wa sallam) in preserving life is better and more preferable.
➌ In other hadiths, it is explicitly stated that after this command, the Prophet (sallallahu alayhi wa sallam) did not execute anyone for drinking alcohol a fourth time; he sufficed with the punishment of lashes only.
From this, it is understood that the command "faqtuluhu" (so kill him) or "fadribu unuquhu" (strike his neck) is either abrogated or was meant as a severe warning and rebuke.
➍ Imam Shafi'i (rahimahullah) has said that, by consensus, there is no circumstance in which the punishment for a person who drinks alcohol is death.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1065
Maulana Ataullah Sajid
Benefits and Issues:
Imam Tirmidhi rahimahullah said:
At first, this ruling was in place, but later (the ruling of killing) was abrogated.
Imam Muhammad ibn Ishaq narrated from Muhammad ibn Munkadir, who narrated from Hazrat Jabir ibn Abdullah radi Allahu anhu, that the Prophet sallallahu alayhi wa sallam said:
“Whoever drinks wine, flog him. If he drinks it a fourth time, then kill him.”
Hazrat Jabir radi Allahu anhu said:
Later, a man was brought before the Messenger of Allah sallallahu alayhi wa sallam who had drunk wine for the fourth time, so he (the Prophet) beat him but did not kill him.
Zuhri narrated the same from Qabisah ibn Dhuhaib, from the Prophet sallallahu alayhi wa sallam, and said:
Thus, the ruling of killing was abrogated and this concession was granted (the ruling was made lenient).
According to most scholars, this is the ruling that is acted upon.
To our knowledge, there was no difference of opinion on this issue in the early period (the time of the Companions radi Allahu anhum), nor did any difference arise in later times.----" (Jami‘ at-Tirmidhi, Hudud, Chapter: What has been related about whoever drinks wine, flog him, and whoever returns to it a fourth time, kill him, Hadith: 1444)
Imam Tirmidhi rahimahullah said:
At first, this ruling was in place, but later (the ruling of killing) was abrogated.
Imam Muhammad ibn Ishaq narrated from Muhammad ibn Munkadir, who narrated from Hazrat Jabir ibn Abdullah radi Allahu anhu, that the Prophet sallallahu alayhi wa sallam said:
“Whoever drinks wine, flog him. If he drinks it a fourth time, then kill him.”
Hazrat Jabir radi Allahu anhu said:
Later, a man was brought before the Messenger of Allah sallallahu alayhi wa sallam who had drunk wine for the fourth time, so he (the Prophet) beat him but did not kill him.
Zuhri narrated the same from Qabisah ibn Dhuhaib, from the Prophet sallallahu alayhi wa sallam, and said:
Thus, the ruling of killing was abrogated and this concession was granted (the ruling was made lenient).
According to most scholars, this is the ruling that is acted upon.
To our knowledge, there was no difference of opinion on this issue in the early period (the time of the Companions radi Allahu anhum), nor did any difference arise in later times.----" (Jami‘ at-Tirmidhi, Hudud, Chapter: What has been related about whoever drinks wine, flog him, and whoever returns to it a fourth time, kill him, Hadith: 1444)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2573
