The Prophet (ﷺ) said: If they (the people) drink wine, flog them, again if they drink it, flog them. Again if they drink it, kill them.
Hadith Text
The Prophet (ﷺ) said: If they (the people) drink wine, flog them, again if they drink it, flog them. Again if they drink it, kill them.
Reference: Sunan Abi Dawud 4482 | Book: Prescribed Punishments (Kitab Al-Hudud)
Scholarly Commentary
This hadith establishes the graduated punishment for the consumption of intoxicants. The initial punishment of flogging serves as both a purification for the sinner and a deterrent. The repetition of this punishment upon a second offense emphasizes the gravity of persisting in this major sin despite warning.
The prescription of capital punishment upon the third offense is understood by the majority of classical scholars as applicable only to habitual offenders who demonstrate persistent defiance of divine law, treating Allah's prohibitions with contempt. This ultimate penalty is not for the act of drinking itself, but for the obstinate rebellion and corruption it represents after repeated warnings.
Legal Context & Conditions
Scholars note that this ruling operates within the strict evidential requirements of Islamic law. The punishment requires conclusive proof, either through confession or the testimony of qualified witnesses. Furthermore, many jurists held that if the habitual drinker repents before being apprehended, the capital punishment may be waived.
The wisdom behind this graduated approach reflects the Islamic legal principle of gradually escalating consequences for persistent criminal behavior, providing multiple opportunities for repentance and reform while ultimately protecting society from those who would persistently spread corruption.