Muslim

Hadith Commentary: Benefits and Issues: (1)
The Messenger of Allah (sallallahu alayhi wa sallam) struck with two branches forty times, which is as if eighty lashes were given. According to the three Imams (Malik, Shafi’i, Ahmad) and Imam Muhammad rahimahumullah, every intoxicant is forbidden (haram), and “Whatever intoxicates in large quantity, its small quantity is also forbidden,” so, based on this, for every intoxicant (sikr), whether in small or large amount, the prescribed punishment (hadd) will be applied. According to Imam Abu Hanifah and Imam Abu Yusuf rahimahumullah, for drinking wine made from grape juice, the hadd is applied in every case, but for wine made from dates or anything other than wine made from grapes—such as wine made from wheat, barley, corn, etc.—there is no hadd, even if intoxication occurs. See the book al-Hidayah, Kitab al-Ashribah. For the rest of the wines, the hadd is applied only if it is drunk in such a quantity that intoxication occurs. Clearly, the position of the three Imams is in accordance with the hadith.

(2)
Wine was deeply ingrained in the nature of the Arabs, so wine was declared forbidden gradually, step by step, and likewise, its punishment was also gradually increased. In the beginning, whatever came into the hands of the people present—shoes, cooking pots, sticks, cloth—they would strike with it countless times. Sometimes, two shoes would be used to strike forty times, sometimes two sticks would be used to strike forty times. Therefore, all the noble Companions (radi Allahu anhum) were not agreed upon the number of lashes to be given as the hadd for drinking wine, if it was to be administered in the form of lashes. In the era of Umar (radi Allahu anhu), when Muslims became numerous and wealth and prosperity increased, resulting in an increase in wine consumption, the need for a fixed number arose. Therefore, Umar (radi Allahu anhu) consulted the noble Companions (radi Allahu anhum) so that consensus could be reached. Abdur Rahman ibn Awf (radi Allahu anhu) suggested the lighter hadd of eighty lashes, and Ali (radi Allahu anhu) said, “Our opinion is to give him eighty lashes, because the drunkard, after drinking wine, becomes intoxicated and starts uttering nonsense and slanders someone (and the hadd for slander and false accusation is eighty lashes)” (Muwatta Imam Malik, Kitab al-Ashribah, p. 357, Takmilah vol. 2, p. 497). Thus, Umar (radi Allahu anhu) implemented this hadd. In other words, both Abdur Rahman ibn Awf and Ali (radi Allahu anhu) gave this suggestion.

Hadith Commentary:
In the early days of Islam, there was no fixed legal punishment (hadd) for the one who drank alcohol; it was considered sufficient to discipline him with shoes and sticks. Later, the Messenger of Allah (sallallahu alayhi wa sallam) prescribed a punishment of forty lashes for the one who drank alcohol.

During the caliphate of Abu Bakr (radi Allahu anhu), this same punishment remained in effect.

When Umar (radi Allahu anhu) observed that people were not refraining from drinking alcohol despite this punishment, he consulted with the noble Companions (radi Allahu anhum).

Abdur Rahman ibn Awf (radi Allahu anhu) said that the lightest of the prescribed punishments (hudud) is eighty (80) lashes, so Umar (radi Allahu anhu) ordered that eighty lashes be administered.

(Fath al-Bari: 12/78)

Ali (radi Allahu anhu) said:
When a drunkard is intoxicated, he speaks nonsense and fabricates slander, and the punishment for one who slanders is eighty (80) lashes.

This number was then officially enforced by the government.

(al-Musannaf of Abd al-Razzaq, Hadith: 13542)

Hadith Commentary:
(1)
As for whether the drunkard should be flogged or beaten otherwise, there are three positions regarding this.
The preferred (rajih) view is that he may be flogged, and he may also be disciplined with sticks and shoes.
The second view is that he should only be flogged.
The third is that he should be beaten only with sticks and shoes. Thus, the Messenger of Allah (sallallahu alayhi wa sallam) sufficed with shoes and sticks, and there is no abrogation established for this, and it is established from the noble Companions (radi Allahu anhum) that they used flogging. Therefore, both may be used.
Some scholars have taken a middle path: those who are habitual offenders of drinking should be punished with flogging, while for the weak, punishment by clothes, shoes, and sticks is sufficient, and for others, whatever is appropriate to their situation may be used.
(Fath al-Bari: 12/81) (2)
It should be noted that the word "jild" (جلد) is derived from "jild," meaning skin.
What is meant is such a beating whose effect remains on the skin; a beating that causes flesh to be torn or the skin to split and wounds to reach inside is contrary to the intent of the Shari‘ah, because the purpose of the punishment is more to disgrace and shame him than to cause harm.
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
Al-reef (plural: aryaaf):
A lush and verdant area,
where water is abundant.
During the era of Umar (radi Allahu anhu), the regions of Syria and Iraq were conquered.
These were agricultural areas where dates and grapes were common.
In these regions, wine was easily available,
and thus, wine consumption increased.

Explanation:
1:
The correct opinion in this matter is that the prescribed punishment (hadd) for a person who drinks alcohol is forty lashes. However, the Imam may increase this punishment up to eighty lashes, but this depends on the Imam’s own ijtihad (independent reasoning) according to the need of the situation.

Benefits and Issues:
According to the jurists, in the action of Umar radi Allahu anhu, the first forty lashes are considered as the prescribed punishment (hadd), and the additional forty as discretionary punishment (ta'zir). The scholars of truth and the eminent jurists do not say anything in matters of Shari'ah according to their own desires; rather, in matters requiring ijtihad, they make any decision only after deep consultation with the people of knowledge and opinion.

Benefits and Issues:

➊
From this, it is understood that in the punishment for drinking (alcohol), the aspect of discretionary punishment (ta'zir) is present, in which there is room for increase or decrease; that is, it does not have the status of a prescribed hadd punishment, in which alteration is not permissible.

➋
For other crimes, only lashes are administered; however, in the case of drinking (alcohol), instead of lashes, shoes and similar items may also be used for striking.

➌
The noble Companions (radi Allahu anhum) agreed upon the punishment of forty lashes, therefore, now it is correct to administer the punishment of forty lashes.

➍
"Jareed" refers to the branch of a date-palm tree from which the leaves have been removed; such a stick should be used for administering punishment.

Takhrij:
«أخرجه البخاري، الحدود، باب ما جاء في ضرب شارب الخمر، حديث:6773، ومسلم، الحدود، باب حد الخمر، حديث:1706، وحديث علي رضي الله عنه: أخرجه مسلم، الحدود، حديث:1707.»©Explanation:
➊ This hadith indicates that during the blessed era of the Prophet sallallahu alayhi wa sallam, the prescribed punishment (hadd) for drinking alcohol was not fixed as the other hudud (prescribed punishments) were.
Umar radi Allahu anhu consulted with the noble Companions radi Allahu anhum and set a fixed punishment, that is, eighty (80) lashes, because in some outlying regions people had become excessively involved in drinking alcohol and considered its punishment insignificant and trivial, as is proven by the letter sent to Khalid bin Walid radi Allahu anhu.
There has been a difference of opinion among the jurists (fuqaha) regarding its prescribed punishment—whether it is forty lashes or eighty. However, it is more appropriate and preferable to adopt the action of the Prophet sallallahu alayhi wa sallam.

➋ The incident of Walid bin Uqbah radi Allahu anhu is that during the caliphate of Uthman radi Allahu anhu, he was accused of drinking alcohol.
Humran and another man testified against him.
One of them testified that he saw him drinking alcohol, and the other testified that he saw him vomiting alcohol.
Upon this, Uthman radi Allahu anhu said: How could he vomit alcohol unless he had drunk it? Uthman radi Allahu anhu, as the caliph, said to Ali radi Allahu anhu to carry out the prescribed punishment on him.
Ali radi Allahu anhu said to Hasan radi Allahu anhu: You carry out the prescribed punishment on him.
Hasan radi Allahu anhu said: Whoever has enjoyed the coolness of its authority should also bear its heat—that is, the one who has enjoyed the gentleness and pleasure of the caliphate should also take on its severity and bitterness.
His intent was that Uthman radi Allahu anhu and his relatives and close associates have more right and connection to him than I do, so they should themselves deal with both the good and bad, the sweet and bitter aspects and circumstances of the caliphate, and should fulfill the responsibility of the executioner. Thus, Ali radi Allahu anhu said to Abdullah bin Ja'far radi Allahu anhu: You carry out the prescribed punishment on him.
He took the whip and began to strike, and Ali radi Allahu anhu kept count.
When they reached forty, Ali radi Allahu anhu said: Enough! That suffices.
The Messenger of Allah sallallahu alayhi wa sallam had also given forty (lashes)... etc.

➌ The author of Subul al-Salam says: The author (Hafiz Ibn Hajar rahimahullah) has only mentioned the testimony of the one who testified to seeing him vomit alcohol (and did not mention Humran's testimony).
This is a shortcoming of the author, because it gives the impression that perhaps Walid bin Uqbah was flogged on the basis of only one testimony, whereas Humran's testimony was also present, that he saw him drinking alcohol.

Clarification: «حضرت ولید بن عقبہ بن ابی معیط رضی اللہ عنہ » was a Qurayshi.
He was the maternal brother of Uthman radi Allahu anhu.
He accepted Islam on the day of the conquest of Makkah.
He was among the witty, forbearing, brave, and literary people of Quraysh.
He was among the natural poets.
Uthman radi Allahu anhu appointed him as the governor of Kufa.
Then, due to the accusation of drinking alcohol, he was removed from this position.
After the martyrdom of Uthman radi Allahu anhu, he distanced himself from the turmoil.
He resided in Raqqah, where he passed away and was buried in Balikh.