Ibn Majah

1؎: Walid bin Uqbah was the maternal half-brother of Uthman radi Allahu anhu, and during his caliphate, he was the governor of Kufa. He once led the people in the morning Fajr prayer for four rak‘ahs (units), and said: “Shall I increase it further?” Abdullah bin Mas‘ud radi Allahu anhu said: “We have always been in excess since you became the ruler.” This was the son of Uqbah bin Abi Mu‘ayt, who had thrown the womb of a she-camel upon the Prophet sallallahu alayhi wa sallam when he was in prostration. Walid bin Uqbah drank wine and, in a state of intoxication, led the prayer. Eventually, due to the complaints of the people, he was removed from office and brought before Uthman radi Allahu anhu in Madinah. There is no fixed number for the punishment (hadd) of the wine-drinker; the Imam has the discretion to administer forty lashes, or less, or more, or to beat with shoes. In Sahih Muslim, it is mentioned that a man who had drunk wine was brought to the Prophet sallallahu alayhi wa sallam, and he struck him with a stick about forty times. The narrator said: Abu Bakr radi Allahu anhu did the same. When the time of Umar radi Allahu anhu came, he sought the opinion of the people. Abdur Rahman bin Awf radi Allahu anhu said: “Among all the prescribed punishments, the lightest is for slander (qadhf), and that is eighty (80) lashes.” Then Umar radi Allahu anhu also ordered eighty lashes for drinking wine. And in Bukhari, it is narrated from Uqbah bin Harith that Nu‘man was brought to the Prophet sallallahu alayhi wa sallam, and he said to those who were in the house: “Beat him.” So I also beat him with shoes and sticks. There are several hadiths in this chapter; from all of them it is established that the Prophet sallallahu alayhi wa sallam did not fix a specific punishment for drinking wine, but acted as he saw appropriate. And in one narration, it is mentioned that the Prophet sallallahu alayhi wa sallam took a handful of dust and threw it on the mouth of the wine-drinker.