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‏الحدود (The Book of Prescribed Punishments)
CHAPTER: PRESCRIBED PUNISHMENT FOR (DRINKING) WINE  

No. 4226

Anas b. Malik reported that a person who had drink wine was brought to Allaah's Prophet (sallAllaahu alayhi wa sallam). He gave him forty stripes with two lashes. Abu Bakr also did that, but when Umar (assumed the responsibilities) of the Caliphate, he consulted people and Abd al-Rahman said: The mildest punishment (for drinking) is eighty (stripes) and 'Umar their prescribed this punishment.

No. 4227

This hadith has been narrated on the authority of Anas through another chain of transmitters.

No. 4228

Anas b. Malik reported that Allaah's Prophet (sallAllaahu alayhi wa sallam) gave a beating with palm branches and shoes, and that Abu Bakr gave forty lashes. When Umar (became the Commander of the Faithful) and the people went near to pastures and towns, he said (to the Companions of the Prophet). What is your opinion about lashing for drinking? Thereupon Abd al-Rahman b. Auf said: My opinion is that you fix it as the mildest punishment. Then 'Umar inflicted eighty stripes.

No. 4229

This hadith has been narrated on the authority of Hisham with the same chain of transmitters.

No. 4230

Anas reported that Allaah's Prophet (sallAllaahu alayhi wa sallam) used to strike forty times with shoes and palm branches (in case of drinking of) wine. The rest of the hadith is the same and there is no mention of pastures and towns.

No. 4231

Hudain b. al-Mundhir Abu Sasan reported: I saw that Walid was brought to Uthmin b. 'Affan as he had prayed two rak'ahs of the dawn prayer, and then he said: I make an increase for you. And two men bore witness against him. One of them was Humran who said that he had drunk wine. The second one gave witness that he had seen him vomiting. Uthman said: He would not have vomited (wine) unless he had drunk it. He said: 'Ali, stand up and lash him. 'Ali said: Hasan, stand up and lash him. Thereupon Hasan said: Let him suffer the heat (of Caliphate) who has enjoyed its coolness. ('Ali felt annoyed at this remark) and he said: 'Abdullah b. Ja'far, stand up and flog him, and he began to flog him and 'Ali counted the stripes until these were forty. He (Hadrat 'Ali) said: Stop now, and then said: Allaah's Prophet (sallAllaahu alayhi wa sallam) gave forty stripes, and Abu Bakr also gave forty stripes, and Umar gave eighty stripes, and all these fall under the category of the Sunnab, but this one (forty stripes) is dearer to me.

No. 4232

Ali reported: If I impose Hadd on anyone, and he (in course of punish ment) dies, I would not mind except in case of a drunkard. If he dies. I would pay indemnity for him because the Messenger of Allaah (sallAllaahu alayhi wa sallam) has laid down no rule for it.

No. 4233

This hadith is narrated on the authority of Sufyan.




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