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سنن ابن ماجه
Ibn Majah
كتاب الحدودThe Chapters on Legal Punishments
بَابُ : مَنْ شَرِبَ الْخَمْرَ مِرَارًاChapter: One Who Drinks Wine Repeatedly
Hadith 2573
اُردوEn
حَدَّثَنَا هِشَامُ بْنُ عَمَّارٍ ، حَدَّثَنَا شُعَيْبُ بْنُ إِسْحَاق ، حَدَّثَنَا سَعِيدُ بْنُ أَبِي عَرُوبَةَ ، عَنْ عَاصِمِ بْنِ بَهْدَلَةَ ، عَنْ ذَكْوَانَ أَبِي صَالِحٍ ، عَنْ مُعَاوِيَةَ بْنِ أَبِي سُفْيَانَ ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " إِذَا شَرِبُوا الْخَمْرَ فَاجْلِدُوهُمْ ، ثُمَّ إِذَا شَرِبُوا فَاجْلِدُوهُمْ ، ثُمَّ إِذَا شَرِبُوا فَاجْلِدُوهُمْ ، ثُمَّ إِذَا شَرِبُوا فَاقْتُلُوهُمْ " .
´It was narrated from Mu`awiyah bin Abu Sufyan that the Messenger of Allah (ﷺ) said:` “If they drink (again), then whip them. If they drink (again), then whip them. If they drink (again), then whip them. If they drink (again), then kill them.”
Related hadith on this topic
Brief Explanation
1؎ : This hadith is also abrogated, as has been mentioned above.
Explanation & Benefits
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
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
