Anas told that the Prophet gave a beating with palm branches and sandals for drinking wine and that Abu Bakr gave forty lashes. (Bukhari and Muslim.) In a version on his authority it says that the Prophet used to give forty stripes with palm branches and sandals for drinking wine.
Prescribed Punishments - Mishkat al-Masabih 3614, 3615
In the name of Allah, the Most Gracious, the Most Merciful. This narration from the blessed Companion Anas ibn Malik (may Allah be pleased with him) addresses the legal punishment for consuming intoxicants. The apparent discrepancy between the Prophet's practice and that of Abu Bakr (may Allah be pleased with him) requires careful scholarly examination.
The Prophetic Methodology
The Prophet (peace be upon him) administered punishment using palm branches and sandals, which scholars understand as emphasizing the educational and reformative aspect of the penalty. This method, while painful, was designed to humiliate the offender and serve as a deterrent without causing permanent physical harm.
The number of lashes in the Prophet's practice varied in different narrations, indicating that the exact count was not fixed during his lifetime but was left to the discretion of the ruler based on circumstances and the offender's condition.
Abu Bakr's Caliphal Ruling
When Abu Bakr al-Siddiq (may Allah be pleased with him) established forty lashes as the standard punishment, he did so through ijtihad (legal reasoning) after consultation with the Companions. They determined that since wine intoxication often leads to false accusations (qadhf), which carries eighty lashes, half that number would be appropriate for the lesser offense.
This ruling demonstrates the flexibility within Islamic jurisprudence where the general principle is established but specific applications may evolve through legitimate scholarly consensus.
Legal Reconciliation
Scholars have reconciled these narrations by understanding that the Prophet's actions represented the foundational ruling, while Abu Bakr's standardization reflected the developed legal position. Later, during Umar's caliphate, the punishment was increased to eighty lashes in some cases, showing the dynamic nature of implementing hudud within their proper contexts.
The essential wisdom behind this punishment is the protection of society from the harms of intoxication—preserving intellect, religion, honor, and social order—which aligns with the higher objectives of Islamic law (maqasid al-shari'ah).