The Messenger of Allah (ﷺ) and AbuBakr gave forty lashes for drinking wine and Umar made it eighty. And all this is sunnah, the model and standard practice.
Abu Dawud said: Al-Asma'i explaning the maxim, "He who enjoys its cold should bear its heat," said: He who enjoys the easy if it should also take the responsibility of the hard of it.
Abu Dawud said: Hudain b. al-Mundhir Abu Sasan was the leader of his tribe.
Prescribed Punishments (Kitab Al-Hudud) - Sunan Abi Dawud 4481
The Messenger of Allah (ﷺ) and AbuBakr gave forty lashes for drinking wine and Umar made it eighty. And all this is sunnah, the model and standard practice.
Scholarly Commentary
This hadith demonstrates the evolution of Islamic legal rulings based on changing circumstances. The Prophet (ﷺ) and Abu Bakr initially prescribed forty lashes for wine consumption, which Umar later increased to eighty. This increase was not arbitrary but reflected the growing prevalence of drinking and its harmful effects on society.
The statement "all this is sunnah" indicates that both rulings are considered valid precedents. The earlier ruling represents the foundational punishment, while Umar's modification shows how legitimate authority may adjust punishments to serve the greater objectives of Shariah when conditions warrant.
Legal Principles Derived
The ruling demonstrates that hudud punishments may be adjusted by legitimate Islamic authority to achieve maqasid al-shariah (higher objectives of Islamic law).
It establishes that both the original ruling and its subsequent modification by a rightly-guided caliph constitute valid sunnah, showing the dynamic nature of Islamic jurisprudence.
The increase from forty to eighty lashes reflects the principle of ta'zir (discretionary punishment) being applied within the framework of hadd punishments when circumstances require stronger deterrents.
Supplementary Explanations
Abu Dawud's inclusion of Al-Asma'i's explanation of "He who enjoys its cold should bear its heat" provides important ethical context. This maxim teaches that those who benefit from lawful pleasures must also accept the responsibilities and restrictions that accompany them in Islamic law.
The final note about Hudain b. al-Mundhir establishes the reliability of the chain of transmission, a crucial consideration in classical hadith scholarship for verifying authenticity.