Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both) reports this saying of the Prophet (peace and blessings be upon him): "Whoever drinks wine, flog him; if he drinks again, flog him; if he drinks again, flog him; if he drinks a fourth time, kill him." The narrator says: Then a man named al-Nu'ayman was brought, who had drunk wine for the fourth time, and the Prophet (peace and blessings be upon him) had him flogged and did not kill him; so this ruling abrogates the ruling of killing. (Al-Haythami says:) I say:
Al-Tirmidhi recorded it, but he did not record the words "so this abrogates the ruling of killing", nor did he mention the name of al-Nu'ayman.
Al-Bazzar recorded it.
Hadith Referenceمجمع الزوائد ومنبع الفوائد / كتاب الحدود والديات / 10675