I saw the Messenger of Allah (ﷺ) on the morning of the conquest of Mecca when I was a young boy. He was walking among the people, seeking the camp of Khalid ibn al-Walid. A man who had drunk wine was brought (before him) and he ordered them (to beat him). So they beat him with what they had in their hands. Some struck him with whips, some with sticks and some with sandals. The Messenger of Allah (ﷺ) threw some dust on his face.
When a man who had drunk wine was brought before AbuBakr, he asked them (i.e. the people) about the number of beatings which they gave him. They numbered it forty. So AbuBakr gave him forty lashes.
When Umar came to power, Khalid ibn al-Walid wrote to him: The people have become addicted to drinking wine and they look down upon the prescribed punishment and its penalty.
He said: They are with you, ask them. The immigrants who embraced Islam in the beginning were with him. He asked them and they agreed on the fact that (a drunkard) should be given eighty lashes.
Ali said: When a man drinks wine, he tells lies. I, therefore, think that he should be prescribed punishment that is prescribed for telling lies..
Abu Dawud said: 'Uqail b. Khalid included in the chain of this tradition: "Abd Allah b. Abd al-Rahman b. al-Azhar from his father" between al-Zuhri and Ibn al-Azhar.
Hadith Commentary: Prescribed Punishments (Kitab Al-Hudud)
This narration from Sunan Abi Dawud 4489 provides crucial insight into the evolution of Islamic legal punishment for wine consumption, demonstrating the wisdom of the Companions in applying Shariah principles to changing social conditions.
Historical Context & Legal Development
The initial punishment during the Prophet's time was discretionary (ta'zir) rather than the fixed hadd punishment, as evidenced by the varied implements used and the throwing of dust - a symbolic act of disapproval.
Abu Bakr maintained forty lashes, following what had become customary practice, while Umar recognized the need for stricter measures when societal conditions changed and people began treating the punishment lightly.
Legal Reasoning of the Companions
The consensus to increase the punishment to eighty lashes was based on ijtihad (legal reasoning) by the senior Companions, considering the changed circumstances where people were becoming addicted.
Ali's reasoning that a drunkard should receive the punishment for false accusation (qadhf) because intoxication leads to lying demonstrates the sophisticated legal methodology of deriving rulings through analogy and consideration of consequences.
Scholarly Significance
This hadith establishes the principle that Islamic punishments may evolve based on time, place, and circumstances, while maintaining the objectives of Shariah (maqasid al-shariah).
It demonstrates the flexibility within Islamic jurisprudence and the authority of legitimate rulers and scholars to determine appropriate punishments within the framework of Islamic legal principles.