The Prophet (ﷺ) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed.
Sufyan said: Al-Zuhri transmitted this tradition when Mansur b. al-Mu'tamir amd Mukhawwal b. Rashid were present with him. He said to them: Take this tradition as a present to the people of Iraq.
Abu Dawud said: This tradition has been transmitted by al-Sharid b. Suwaid, Sharahbil b. Aws, 'Abd Allah b. 'Amr, 'Abd Allah b. 'Umar, Abu Ghutaif al-Kindi, and Abu Salamah b. 'Abd al-Rahman from Abu Hurairah.
Hadith Text & Context
The Prophet (ﷺ) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed.
Sufyan said: Al-Zuhri transmitted this tradition when Mansur b. al-Mu'tamir and Mukhawwal b. Rashid were present with him. He said to them: Take this tradition as a present to the people of Iraq.
Abu Dawud said: This tradition has been transmitted by al-Sharid b. Suwaid, Sharahbil b. Aws, 'Abd Allah b. 'Amr, 'Abd Allah b. 'Umar, Abu Ghutaif al-Kindi, and Abu Salamah b. 'Abd al-Rahman from Abu Hurairah.
Scholarly Commentary
This hadith from Sunan Abi Dawud 4485 addresses the prescribed punishment (hadd) for consuming intoxicants. The initial ruling prescribed flogging for the first three offenses, with capital punishment upon the fourth occurrence. However, the final abrogation of the death penalty demonstrates Islam's principle of gradual legislation and divine mercy.
Classical scholars explain that the abrogation occurred through the practice of the Prophet himself, as shown when he repeatedly flogged the same offender without implementing capital punishment. This establishes that the final ruling for wine consumption is flogging, regardless of repetition.
The transmission chain mentioned by Abu Dawud and Sufyan's instruction to "take this tradition as a present to the people of Iraq" indicates the importance of this ruling for clarifying Islamic jurisprudence, particularly in regions where legal matters were being codified.
Legal Implications
The consensus among classical scholars is that the punishment for drinking intoxicants is forty lashes, based on the practice of Caliph Ali ibn Abi Talib. Some schools prescribe eighty lashes, combining the punishment for slander with that of drinking.
The abrogation of capital punishment reflects Islam's emphasis on rehabilitation over retribution. The repeated flogging serves as escalating deterrence while preserving life, in accordance with the principle that avoiding hudud punishments on doubt is preferable.
This hadith from Kitab Al-Hudud illustrates the evolutionary nature of Islamic legislation and the wisdom behind gradual implementation of divine laws, accommodating human nature while maintaining religious principles.