The Prophet (ﷺ) said: If he is intoxicated, flog him; again if he is intoxicated, flog him; again if he is intoxicated, flog him if he does it again a fourth time, kill him.
Abu Dawud said: And there is a similar tradition of Umar ibn AbuSalamah, from his father, on the authority of AbuHurayrah, from the Prophet (ﷺ): If he drinks wine, flog him if he does it so again, a fourth time, kill him.
Abu Dawud said: And there is similar tradition of Suhail from Abu Salih on the authority of Abu Hurairah, from the Prophet (ﷺ): It they drink a fourth time, kill them. And there is similar tradition of Ibn Abi Nu'm on the authority of Ibn 'Umar from Prophet (ﷺ). There is also similar tradition of 'Abd Allah b. 'Amr from the Prophet (ﷺ), and from Sharid from the Prophet (ﷺ). And in the tradition of al-Jadli from Mu'awiyah, the Prophet (ﷺ) said: If he does so again third or fourth time, kill him.
Prescribed Punishments (Kitab Al-Hudud) - Sunan Abi Dawud 4484
The Prophet (ﷺ) said: If he is intoxicated, flog him; again if he is intoxicated, flog him; again if he is intoxicated, flog him if he does it again a fourth time, kill him.
Scholarly Commentary
This hadith establishes the severe consequences for persistent intoxication. The initial three offenses warrant corporal punishment (flogging), demonstrating Islam's gradual approach to reformation. The fourth offense, however, carries capital punishment, indicating the gravity of persistent disobedience and corruption.
Classical scholars interpret this as applying to habitual drunkards who refuse rehabilitation. The punishment serves as both individual deterrent and societal protection. However, most jurists emphasize that execution requires repeated offenses after multiple opportunities for repentance.
The multiple chains of transmission (Abu Hurayrah, Ibn Umar, Abdullah ibn Amr, etc.) strengthen the authenticity of this ruling, though later juristic consensus generally replaced capital punishment with life imprisonment for the fourth offense, considering changing circumstances.
Transmission Notes
Abu Dawud notes similar traditions from Umar ibn Abu Salamah, Suhail, Ibn Abi Nu'm, Abdullah ibn Amr, and Sharid - all reporting the fourth-time capital punishment. The al-Jadli transmission mentions "third or fourth time," showing slight variation in narrations.