Chapter 04- Penalty for Drinking and the Nature of Intoxicants

1280. Anas bin Malik   narrated, 'A man who had drunk wine was brought to the Prophet  and he commanded that the man should be beaten (lashed), The man was given about forty lashes with two palm branches, Anas added, Abu Bakr  did the same, but when "Umar   became the Caliph, he consulted the people and 'Abdur Rahman bin 'Auf  said, 'The mildest punishment for drinking is eighty (lashes).' So, 'Umar   gave his commands accordingly. Agreed upon.







1281. Muslim transmitted on the authority of 'Ali   concerning the story of al-Walid bin 'Uqbah (368) that the Messenger of Allah inflicted forty lashes, Abu Bakr    forty lashes and 'Umar   eighty. All of them are in accordance with the Sunnah  of the Prophet   but this one (the eighty lashes) is preferable to me (369) In this Hadith also a man witnessed that he had seen him vomiting wine, Uthman  said, 'He would not have vomited it, unless that he had drunk it.'

368. He was the brother of  'Uthman bin Affan and he became a Muslim on the day of the Conquest of  Makkah. He was appointed by 'Uthman to govern al-Kufah and was later ordered to retire by him for drinking alcohol.

369. It is preferable for him due to the daring attitude of the drunkards and not that what 'Umar   did was dearer to him than what the Messenger of Allah    did.













1282. Mu'awiyah   narrated that the Messenger of Allah  said regarding the one who drinks alcohol, 'If he drinks (for the first time) flog him, then if he drinks for the second time flog him, then if he drinks for the third time flog him then if he drinks for the fourth time you should kill him." Related by Ahmad and the wording is his. It is also transmitted by the four Imams; At-Tirmidhi mentioned what indicates that it is abrogated, but Abu Dawud reported it clearly on the authority of Az-Zuhari.







1283. Abu Hurairah   narrated that the Messenger of Allah   said, "When one of you is flogging (while inflicting a prescribed punishment) he should avoid the face," Agreed upon.







1284. Ibn' Abbas  narrated that the Messenger of Allah :Saws:   said, "Prescribed punishments are not to be inflicted in mosques." Related by At-Tirmidhi and Al-Hakim.







1285. Anas :radiyallahu annarrated, 'Allah sent down the verses stating the prohibition of alcohol when there was no other beverage to drink in Madinah except that prepared from dates (wine of dates).' Related by Muslim.







1286. Umar     narrated, 'When the prohibition of Khamr (alcoholic drinks) was revealed, it used to be made from: grapes, dates, honey, wheat and barley. Khamr is what shields one's mind," Agreed upon.








1287. Ibn 'Umar  narrated that the Messenger of Allah   said, "Every intoxicant is Khamr, and every intoxicant is prohibited." Related by Muslim.








1288. Jabir  narrated that the Messenger of Allah  said, "If a large quantity of any beverage intoxicates, then a small amount of it is prohibited." Related by Ahmad and the four Imams. Ibn Hibban graded it as Sahih.









1289.  Ibn 'Abbas   narrated, 'Raisins used to be soaked for the Messenger of Allah   in a water skin, and he would drink it that day, the next day and the following day. When it was the evening of the third day, he would drink it and give some to others. If anything was left from it, he would spill it.' Related by Muslim.








1290. Umm Salamah   narrated that the Messenger of Allah   said, "Allah did not make your cure in what He made Haram (unlawful) to you." Related by Al-Baihaqi and graded as Sahih  by Ibn Hibban.








1291. Wa'il Al-Hadrami narrated that Tariq bin Suwaid asked the Messenger of Allah   about Khamr which he made only to be used as a medicine, The Prophet   replied, "It is not a medicine, it is a disease." Related by Muslim and Abu Dawud.