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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب في شَارِبِ الْخَمْرِ إِذَا أُتِيَ بِهِ الرَّابِعَةَ:Chapter: The Fourth Time Drinker of Alcohol
Hadith 2350
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ الرَّقَاشِيُّ، حَدَّثَنَا يَزِيدُ هُوَ ابْنُ زُرَيْعٍ، حَدَّثَنَا مُحَمَّدٌ هُوَ ابْنُ إِسْحَاق، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ عُتْبَةَ بْنِ عُرْوَةَ بْنِ مَسْعُودٍ الثَّقَفِيُّ، عَنْ عَمْرِو بْنِ الشَّرِيدِ، عَنْ أَبِيهِ، قَالَ: سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , يَقُولُ: "إِذَا شَرِبَ أَحَدُكُمْ فَاضْرِبُوهُ، ثُمَّ إِنْ عَادَ، فَاضْرِبُوهُ، ثُمَّ إِنْ عَادَ، فَاضْرِبُوهُ، ثُمَّ إِنْ عَادَ الرَّابِعَةَ فَاقْتُلُوهُ".
Amr bin Shuraid narrated from his father: He said: I heard the Messenger of Allah, peace and blessings be upon him, say: "When any of you drinks (alcohol), then punish him. Then if he drinks again, punish him. Then if he drinks again, punish him. Then if he drinks a fourth time, kill him."
Brief Explanation
(Commentary on Hadith 2349)
From this hadith, it apparently seems that if a drunkard drinks alcohol for the fourth time, he can be given the punishment of death. Some scholars hold this opinion, but the majority (jumhur) have declared the killing of the drunkard and this hadith to be abrogated (mansukh). And the abrogating (nasikh) evidence is, firstly, that hadith in which it is stated that the killing of a Muslim is permissible for three things: retaliation for murder, apostasy, and adultery by a married person (see Hadith no. 2334). In this, the punishment for a thief is not death. Also, it is mentioned in Sunan Abi Dawud that the Noble Prophet sallallahu alayhi wa sallam did not kill anyone for drinking alcohol the fourth time, but sufficed with the punishment of lashes only. And Imam Shafi‘i rahimahullah has transmitted consensus (ijma‘) that under no circumstance is the punishment of death to be given to one who drinks alcohol.
Its details have already passed in the commentary of Hadith (2142).
(Mubarakpuri rahimahullah).
From this hadith, it apparently seems that if a drunkard drinks alcohol for the fourth time, he can be given the punishment of death. Some scholars hold this opinion, but the majority (jumhur) have declared the killing of the drunkard and this hadith to be abrogated (mansukh). And the abrogating (nasikh) evidence is, firstly, that hadith in which it is stated that the killing of a Muslim is permissible for three things: retaliation for murder, apostasy, and adultery by a married person (see Hadith no. 2334). In this, the punishment for a thief is not death. Also, it is mentioned in Sunan Abi Dawud that the Noble Prophet sallallahu alayhi wa sallam did not kill anyone for drinking alcohol the fourth time, but sufficed with the punishment of lashes only. And Imam Shafi‘i rahimahullah has transmitted consensus (ijma‘) that under no circumstance is the punishment of death to be given to one who drinks alcohol.
Its details have already passed in the commentary of Hadith (2142).
(Mubarakpuri rahimahullah).
