A man who had drunk wine was brought before the Prophet (ﷺ) when he was in Hunayn. He threw some dust on his face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands. He then said to them: Leave him, and they left him. The Messenger of Allah (ﷺ) then died, and AbuBakr gave forty lashes for drinking wine, and then Umar in the beginning of his Caliphate inflicted forty stripes and at the end of his Caliphate he inflicted eighty stripes. Uthman (after him) inflicted both punishments, eighty and forty stripes, and finally Mu'awiyah established eighty stripes.
Hadith Commentary: Prescribed Punishments (Kitab Al-Hudud)
This narration from Sunan Abi Dawud 4488 provides crucial insight into the legal evolution of the punishment for wine consumption in Islamic jurisprudence.
Prophetic Era: Discretionary Punishment
The Prophet's initial approach with dust and beating reflects tazir (discretionary punishment) rather than hadd (fixed punishment), indicating the legislation was in development.
The location at Hunayn suggests this occurred after the Conquest of Mecca (8 AH), showing the gradual implementation of Islamic laws.
Caliphal Period: Legal Evolution
Abu Bakr's establishment of forty lashes represents the first formalization of the punishment, based on analogy with slander punishment.
Umar's initial continuation of forty lashes, then increase to eighty, reflects ijtihad (legal reasoning) based on increased public drinking and need for stronger deterrent.
Uthman's application of both punishments shows consideration of circumstances, while Mu'awiyah's final establishment of eighty lashes became the standard Sunni position.
Juridical Principles
This progression demonstrates the Islamic legal principle of gradual legislation (tadrij) and the authority of rulers to determine punishments for public welfare.
The variation in punishments highlights how Islamic law accommodates changing social conditions while maintaining core principles.